Okaloosa County BOCC — May 4, 2013 — reading text

Being available upon the reasonable request of the Tourist Development Department for consultation as necessary. 5. Provide recommendations for strengthening internal controls in order to lower identified risks to the Tourist Development Department, to include review of the Tourist Development Department Operating Manual. SELECTION CRITERIA The Evaluation Committee will evaluate proposers on the basis of their written responses to this RFP, additional written information requested by the Committee and, possibly, oral interviews. The goal of the evaluation will be to select the proposer which provides the best combination of qualifications and costs, and provide reasonable rates and demonstrated efficiency in providing counsel. The Evaluation Committee will also consider the following non-exclusive factors in making that determination. 1. Depth and quality of experience in representing and providing sound advice to clients including financial, operational and regulatory issues related to Tourist Development. Experience in representing Florida public agencies is preferred. 2. Particular expertise and experience advising clients on legal requirements. Ability to provide sound legal advice concerning, but not limited to the financial, operations, environmental and regulatory issues related to Tourist Development Departments. 3. Depth and quality of experience in bringing regulatory, administrative and litigation matters to a cost-effective conclusion. 4. Successful experience establishing and maintaining effective working relationships with regulators. Last Revised – 03/20/2013 Page 2 Packet Pg. 436  9.1.c.c 5. Extent and quality of experience. 6. Qualifications of personnel, including the experience and availability of the lead attorney(s) and the breadth and depth of experience of other partners, associates and other professionals available to provide the requested services to the County. Attachment: RFP - Tourist Development Legal Services [Revision 1] (1563 : Legal Services Informational Update) 7. Demonstrated ability to work closely and cooperatively with clients in meetings and negotiations sessions. 8. Result of reference checks. 9. Reasonableness of rates proposed, and demonstrated efficiency in providing sound advice and counsel without unnecessary or excessive charges. Ability and commitment to provide the most valuable services at the least total cost will be a critical factor. 10. Geographic location of the proposer. RESPONDENTS SHOULD BE ABLE TO DEMONSTRATE: 1. Experience in assessing, crafting and executing a comprehensive legal strategy that takes into account the many regulatory, environmental, financial and operational considerations associated with such efforts. 2. Familiarity with the County/State governing statutes and the municipal and regional area in which its Tourism District is located. 3. Experience providing similar legal services to clients with similar needs. SUBMITTERS SHALL INCLUDE WITH THEIR PACKAGE: 1. Letter of Interest 2. Statement of Qualifications 3. Experience Related to the following: a. Tourist Development Council Experience b. Conference Center Experience c. Visitors Bureau Experience d. Film Commission Experience e. Local Government Experience f. State Government Experience g. Department of Environmental Protection Experience (Beaches & Shores) 4. Hourly Fee Structure 5. Availability of Representation to Department Last Revised – 03/20/2013 Page 3 Packet Pg. 437  9.1.c.c SPECIAL CONDITIONS 1. Applicable Laws & Regulations – The proposers attention is directed to the fact that all applicable state laws, county ordinances, orders, rules, and regulations of all authorities Attachment: RFP - Tourist Development Legal Services [Revision 1] (1563 : Legal Services Informational Update) having jurisdiction over project shall apply to the proposal throughout, and they will be deemed to be included in the contract as if they are included. 2. Indemnification & Hold Harmless – Each proposer must submit an executed sworn certification that they will comply with the Hold Harmless Clause in accordance with the provisions of Florida Statutes, Section 725.06. To the fullest extent permitted by law, Proposer shall indemnify and hold harmless the COUNTY, its officers and employees from liabilities, damages, losses, and costs including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Proposer and other persons employed or utilized by the Proposer in the performance of this contract. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the proposal package. 3. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals 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 proposer or any of its divisions. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the proposal package. 4. Public Entity Crime Information - A person or affiliate who has been placed on the Convicted Vendor List, Suspended Vendor List, Discriminatory Vendor List (found online at www.dms.myflorida.com), or Federal Excluded Parties List (found online at www.sam.gov) 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 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. 5. Investigation of Proposer – The County may make such investigations, as it deems necessary, to determine the ability of the proposers to perform the work and that there is no conflict of interest as it relates to the projects. The proposer shall furnish to the Owner any additional information and financial data for this purpose as the County requests. 6. The Contract Documents – The contract documents consist of the proposal documents, technical specifications, the proposal, addenda issued prior to execution of the agreement, other documents specifically incorporated by reference in the contract documents, and modifications issued after execution of the agreement. A modification is: 1. A written amendment to the contract signed by both parties; Last Revised – 03/20/2013 Page 4 Packet Pg. 438  9.1.c.c 2. A written change order, signed by both parties. 7. Miscellaneous Provisions – The agreement will be executed and delivered in the State of Florida and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Florida. Venue for all purposes shall be Attachment: RFP - Tourist Development Legal Services [Revision 1] (1563 : Legal Services Informational Update) exclusively in Okaloosa County, Florida. The proposer’s attention is directed to the fact that all applicable laws, County and 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