Item Q12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21 55 Department: Strategic Planning
Bulk Item: Yes X No
Staff Contact Person: Kevin Madok, 292-4480
AGENDA ITEM WORDING: Approval to advertise a Request for Qualifications (RFQ) for financial
advisory services.
ITEM BACKGROUND: Monroe County has had a contract with Public Financial Management, Inc., for
financial advisory services, since 1986. The current contract expires on October 15, 2015. Via a
separate agenda item, staff is recommending that the current contract be renewed on a month to month
basis, to allow staff to issue a Request for Qualifications (RFQ), for the purchase of financial advisory
services. This is a professional services contract which does not require competitive bidding; however,
it has been approximately ten (10) years since this contract was competitively bid. Staff recommends
using the competitive bid procedure in order to gauge the market.
The current contract provides for a monthly retainer fee for most services; a percentage of any debt
issuance; and an hourly rate for certain additional services, e.g., advising the County on the grant
applications.
PREVIOUS RELEVANT BOCC ACTION: In 2004, the County completed a competitive bid
process and awarded the contract to PFM. Since then the contract has been renewed.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: Approval to advertise
Advert
TOTAL COST: SM INDIRECT COST: BUDGETED: Yes _X_No _A
DIFFERENTIAL OF LOCAL PREFERENCE:
Advert
COST TO COUNTY: 800 SOURCE OF FUNDS:_ Primarily Ad Valorem
REVENUE PRODUCING: Yes No, X AMOUNT PER MONTH Year
f0jA
APPROVED BY: County AttyOMB/Purchasing Risk Management
DOCUMENTATION: Included X_ Not Required
DISPOSITION: AGENDA ITEM #
REQUEST FOR QUALIFICATIONJ
FINANCIAL ADVISORY SERVICES
OARD OF CO11NTY COMMISSIONERS
■. a.-
GeorgeMayor Pro Tem, Heather Carruthers, District 3
Neugent,
DavidRice,District
Sylvia J. Murphy, District 5
CLERK OF THE CIRCUIT ! _
Amy Heavilin, CPA
Kevin . o A
1. I
SOLICITATION
61*01 001Z to] I I:= 10 &19 2�Ulll a I B 112 F�111 [11113 lt� � I ; F i i �m 9 �k
MEN
1 . Objective of the Request for Qualifications
2. Background Information
3. Scope of Services
4. Evaluation Criteria
5. Requests for Additional Information
6. Content of Submission
7. Format
8. Statement of RFQ Requirements
9. Disquacation of Respondent
10. Examination of RFQ. Documents
11. Interpretations, Clarcations & Addendum
12. Governing Laws and Regulations
13. Preparation of Responses
14. Modifications of Response
15. Responsibility for Response
16. Receipt and Opening of Responses
17. Determination of Successful Respondent
18. Award of Contract
* , W WA 76AV90M Vim-M �i A TJIWA a uzrk�
20. Indemncation
21. Eyecutioi of CoTtract
61-Utel 9101 hil am 0 1 W.1:4 Weis] I fikilk WrA to] V 10rJ
Submission Response Form
2. Lobbying and Conflict of Interest Ethics Clause
3. Non -Collusion Affidavit
J, Drug Free Workplace Form
5. Public Entity Crime Statement
f,. Local Preference Form (If Applicable)
• • oil• - . •' - • A •
'• •=rUo1nry is reMsting re •!r _ 5rIi
> Financial Advisory Services
The County desires to retain a qualified firm to provide Financial Advisory Services to assist
the County in its debt and financial management needs. These services include, but are not
limited to, financial planning and policy development, advice related to debt issuance and
special services as requested by the County.
The agreement will be in effect for two years and renewable at the County's option for
additional two year terms.
Items contained in this Request For Qualifications (RFQ) are considered to be an integral part
of the proposed programs. Adherence to the items listed here is intended by the County
unless specifically otherwise accepted by both the Respondent and the County. Acceptance
of modification of any portion of the items contained herein will not serve to waive or modify
any other portion of the proposed agreement.
The timetable anticipated for this RFQ is as follows:
(I would insert the chart here)
2. Background Information
Monroe County ("County") is a non -chartered county established under the Constitution and
the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent of the
board of county commissioners.
The Board of County Commissioners, constituted as the governing body, has all the powers of
a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase,
hold, lease and convey real estate and personal property; and to generally exercise the
powers of a public authority organized and existing for the purpose of providing community
services to citizens within its territorial boundaries. In order to carry out this function, the
County is empowered to levy taxes to pay for the cost of operations and to provide services.
The population of the County is estimated at approximately 76,351. The total County budget,
including capital projects, is approximately $417 million. Approximate total taxable property
value is $20.3 billion. Monroe County's outstanding bonds are rated by Fitch at AA,
The County currently has the following debt outstanding:
Infrastructure Sales Surtax Revenue Bond Series 2007
Net outstanding $ 9.9 million
Effective Interest Rate 3.76%
Maturity date 4/1/18
4 of 45
F�. Clean Hater State Revolving Fund Construction LoaF-
Effective Interest Rate 2.71 %
Maturity - 1
Clean Water State Revolving Fund Construction Loan
Net outstanding ` 50 million
Effective Interest Rate 2.7%
Maturity date 8/15/37
➢ Infrastructure Sales Surtax Revenue Bond Series 2014
Net outstanding $ 31.4 million
Effective Interest Rate 2.36%
Maturity date 411124
Line of Credit, Series 2014
Net outstanding 16 million
Effective Interest Rate 0.61 %
Maturity date 12/31/16
shallFinancial Advisor • •- upon the requestthe County Administrator or County
Commission, services related to financial planning and policy development and services
related to debt issuance. The services provided shall include but not necessarily be limited to
the following:
ul���El!llll IN
a) Assist the County in - formulation Policies
MID
needs.b) Review current debt structure, identifying strengths and weaknesses of structure so
that future debt issues can be structured to maximize ability to finance future capital
_ but not be limited to, reviewing existing .- r
possibility of refunding that debt to provide the County with savings.
c) Analyze future debt capacity to determine the County's ability to raise future debt
capital.
d) Assist the County in the development of the County's Capital Improvement Program
by identifying sources of capital funding for infrastructure needs.
e) Assist the County with the development of the County's Financial Plan by assessing
capital needs, identifying potential revenue sources, analyze financing alternatives
such as pay-as-you-go, lease/purchase, short-term vs. long-term financing
assessments, user fees, impact fees, developer contributions, public/private
partnerships _ • grants. Provide budgetary and financial impactof each
alternative as required.
rates by operating revenue and expenditure item, timing, magnitude, cost of debt
issuance, project operating and capital balances, selected operative and debt ratios
and other financial performance measures as may be determined by the County.
g) Provide debt service schedules reflecting varying interest rates, issue sizes and
maturity structures as needed for feasibility consultants or for related County fiscal
planning.
h) Attend meetings with staff, consultants and County Commission. The County will
make reasonable efforts to schedule meetings and consolidate issues to minimize
travel of Financial Advisor.
i) Review underwriter's proposals and submit a written analysis of same to the County.
j) Undertake any and all other financial planning and policy development assignments
requested by County regarding bond and other financings, financial policy including
budget, tax, cash management issues and related fiscal policy and programs.
k) Assist the County in preparing financial presentations for public hearings and/or
referendums.
1) Provide special financial services as requested by the County.
2) Services related to Debt Transactions {includes short-term financing notes, loans,
letters of credit lines of credit and bonds.) Upon reguest of the Coun
a) Analyze financial and economic factors to determine if the issuance of bonds is
appropriate.
b) Develop a financing plan in concert with the County's staff to include
recommendations as to the timing and number of series of bonds to be issued.
c) Assist the County by recommending the best method of sale, either as a negotiated
sale, private placement or a public sale. In the case of a public sale, make
recommendations as to the determination of the best bid. For a negotiated sale,
assist in the solicitation, review and evaluation of any investment banking proposals,
and provide advice and information necessary to aid in such a selections.
d) Advise as to the various financing alternatives available to the County.
e) Develop alternatives related to debt transactions including evaluation of revenues
available, maturity schedules and cash flow requirements.
f) Identify key bond features and advise on provisions regarding security, reserve fund,
flow of funds, redemption provisions, additional parity debt tests, etc.
g) Evaluate benefits of bond insurance and/or security insurance for debt reserve fund.
h) If necessary, develop credit rating presentation and coordinate with the County the
presentation to the rating agencies.
i) Assist the County in the procurement of other services relating to debt issuance such
as printing, paying agent, registrar, etc.
j) Review the reports of accountants, independent engineers and other project feasibility
6 of 45
consultants to ensure that such studies adequately address technical, economic and
financial risk factors affecting marketability of any proposed revenue debt issues;
provide bond market assumptions necessary for financial projections included in
these studies; attend all relevant working sessions regarding the preparations, review
and completion of such independent studies; and provide written comments and
recommendations regarding assumptions, analytic methods and conclusions
contained therein.
k) Review the requirements and submit analysis of insurance, rating agencies and other
professionals as they pertain to the County's debt obligations.
1) Review the terms, conditions and structure of any proposed debt offering undertaken
by the County and provide suggestions, modifications and enhancements where
appropriate and necessary to reflect the constraints of current financial policy and
fiscal capability.
m) Provide regular updates on tax-exempt bond market conditions and advise the
County as to the most advantageous timing for debt issuance.
n) Assist and advise the County in negotiations with investment banks regarding fees,
pricing of bonds and final terms of any security offering and provide written
recommendation regarding a proposed offering. Provide assurance that the pricing
is the most advantageous at time of issuance.
a) Impact fee financial analysis.
b) Review of County proposals for grants.
c) Rate analysis.
d) Budget and financial management analysis.
e) Referendum assistance.
f) Legislative initiatives.
g) Other, as requested.
-. M - M. I 1 .- - -is �
-
experience - firm. Evaluated based
the breadth and depth of the firm's experience as a whole in the
performance of _ - financial advisory services,
sp - State.
7 of 45
MeT Me !B3 @711 ral i I Me I RE I �e i
Qualifications and experience of the specified individuals who
will perform and oversee the work.
I The firm's in-house capability to provide technical support,
'computer modeling, financial analysis and econometric
projections.
Experience in dealing with credit rating services to maintain a
high credit rating.
hCce-s-sibility and availability to County staff for consultation and
support.
A I a - @III gill 111 11111 slim V-1 Kk I M67MME gjami M-M -00
&-lZI ill lliz&�z RIZI fir! I I I I I I pa MI-4A t; 1 161111 0 8
Innovative ideas for financing of infrastructure and other capital
requirements.
Local Preference (if applicable)
Possible Points
Requests for additional information relating to the specifications of this Request for
tualifications shall be submitted in writing directly to:
1100 Simonton Street, Suite 2-283
Key West, Florida 33040
Facsimile (305) 292-4465
Madok-kevin@monroecounty-fl.gov
All requests for additional information must be received no later than 3:00 PM,
November xx, 2015. Questions will be answered by way of an addendum posted on Demand
Star. Oral requests for information or interpretation will not be entertained.
0=1 Me Me, MrIMM1101M,
I Dim
provide the information requested herein. Statements submitted without the required
information will not be considered. Responses shall be organized as indicated below. The
Respondent should not withhold any information from the written response in anticipation of
presenting the information orally or in a demonstration, since oral presentations or
demonstrations may not be solicited. Each Respondent must submit adequate documentation
to certify the Respondent's compliance with the County's requirements. Respondent should
focus specifically on the information requested.
FMm
The response, at a minimum, shall include the following:
A cover page that states "QUALIFICATIONS FOR FINANCIAL ADVISORY SERVICES" must
be included. The cover page should contain Respondent's name, address, telephone
number, email, fax number, and the name of the Respondent's contact person(s).
The Respondent shall provide a narrative of the hrm's qualities and capabilities
that demonstrates how the firm will work with the County to fulfill the
requirements of this Service.
The Respondent shall provide a narrative demonstrating their understanding of
the work expected to be performed and the approach expected to be taken to
fulfill those services.
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of
persons with an interest in the firm.
The Respondent shall include a list of the proposed staff that will perform the
work required if awarded this contract, including names, titles and curriculum
vitae. An organizational chart and management plan should be included in this
section. The Respondent shall also include minimum qualifications for each
class of employee of the project team and identify his/her role on the team.
Include in this section the location of the main office and the location of the office
proposed to work on this project.
Tab 4. In-house Capabilities of the Firm
9 of 45
The Respondent shall provide a narrative describing the Firm's in-house
capabilities to provide technical support, computer modeling, financial analysis
and economic projections.
Tab 5. Experience Dealing with Credit Rating Agencies
The Respondent shall describe its experience dealing with credit rating agencies.
The focus should be on how, as the advisor, the firm will help the County
maintain and/or upgrade its credit rating.
Tab 6. Accessibility and Availability
The Respondent shall provide a narrative describing the Firm's accessibility and
availability to County staff for consultation and support.
.11113 . -.
The Respondent shall provide a narrative describing the Firm's Ability to
effectively communicate complex financial concepts to technical and non-
technical audiences as indicated by written and possibility oral presentations to
the Selection Committee.
The Respondent shall provide a narrative describing the Firm's capability of
providing financial advisory services pertaining to tax exempt bond issues.
Include explanation of how these services will assist the County.
Tab 9. Innovative Financing Strategies
The Respondent shall provide a narrative describing the Firm's ideas for
innovative financing strategies for infrastructure and other capital requirements.
Tab 10. County Forms
Respondent shall complete and execute the forms specified below and located in
Section Three of this RFQQ, as well as copies of all insurance and business
tax receipts and shall include them in this section, i.e. Tab 10:
Forms
(1) Submission Response Form
(2) Lobbying and Conflict of Interest Ethics Clause
10 of 45
(3) Non -Collusion Affidavit
(4) Drug Free Workplace Form
(5) Public Entity Crime Statement
(6) Any Respondent claiming a local preference as defined in Monroe County
Ordinance 023-2009 must complete the Local Preference Form and attach
to the Proposal.
A. Only complete sets of RFQQ Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQQ Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Competitive Solicitation.
C. Interested firms or individuals are requested to indicate their interest by
submitting a total of four (4) copies, two (2) signed originals and two (2)
complete copies of the proposal, in a sealed envelope clearly marked on the
outside with the Respondent's name and "Monroe County Request for
Qualifications for Financial Advisory Services," addressed to Monroe
County Purchasing Department, 1100 Simonton Street, Room 2-213, Key West,
FL 141 Proposals must be received on before III P.M.• _, on
November1 delivered Proposals may requestreceipt.
proposalproposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals shall be
automatically rejected. It is the sole responsibility of each Respondent to ensure
its - • in a timely fashion.
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all
participants in such collusion shall be rejected, and no participants in such collusior
will be considered in future proposals for the same work.
mi. 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 proposal on a contract to provide any goods or services to a public entity, may no)
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 or perform
work as a contractor, supplier, subcontractor, or contractor 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.
Category Two: $25,000.00.
l 1 of 45
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his/her proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with
his/her bid or proposal. Failure to complete this form in every detail and submit it
with the bid or proposal may result in immediate disqualification of the bid or
proposal.
A. Each Respondent shall carefully examine the RFQ and other contract
documents, and inform himself/herself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost, progress, or
performance of the work to be performed under the contract. Ignorance on the
part of the Respondent shall in no way relieve him/her of the obligations and
responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from,
the specifications, or should he be in doubt as to their meaning, he shall at once
notify the County's representative addressed in item #5 of this RFQ. The
County encourages all interested Respondents to monitor Demand Star for any
and all addendum.
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received by the deadline will be given
consideration. All such changes or interpretation will be made in writing in the form of an
addendum and, if issued, will be furnished to all known prospective Respondents prior to the
established Proposal opening date. Each Respondent shall acknowledge receipt of such
addenda in his/her Proposal. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his/her response will nevertheless be construed as though it had been
received and acknowledged and the submission of his/her response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents and
each Respondent will be bound by such addenda, whether or not received by him/her. It is the
responsibility of each Respondent to verify that he/she has received all addenda issued before
responses are opened.
12 of 45
The successful Respondent must comply with the provisions of Florida Statute § 626.854
to include fees charged to the County as specified by Florida Statutes. It is the intention of the
County to enter into a non -monetary retaining agreement with the successful Respondent and
all fees earned by the Respondent will be in accordance with Florida Statute § 626.854.
The Respondent is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, professional license requirements and
regulations that in any manner affect the work. Knowledge of business tax requirements and
obtaining a business tax receipt for Monroe County and municipalities within Monroe County
are the responsibility of the Respondent. Knowledge of business tax requirements and the
responsibility for paying the tax in Monroe County and municipalities within Monroe County are
the responsibility of the Respondent.
r JT�J1:7,��L7►L�I 0**191IN, 14*1
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a partnership,
the signature of at least one of the partners must follow the firm name and the words "Member
of the Firm" should be written beneath such signature. If the Respondent is a corporation, the
title of the officer signing the Response on behalf of the corporation must be stated along with
the Corporation Seal Stamp and evidence of his authority to sign the Response must be
submitted. The Respondent shall state in the response the name and address of each person
having an interest in the submitting entity.
�Ll1►'iI�TI>�1J���1 L�7►I�1 .1411101i&13
Written modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Proposals and received prior to Proposal due
date and time. Modifications must be submitted in a sealed envelope clearly marked on the
outside, with the Respondents name and "Modification to Proposal - Monroe County
Request for Qualifications for Financial Advisory Services." if sent by mail or by courier,
the above -mentioned envelope shall be enclosed in another envelope addressed to the entity
and address stated in the Notice of Request for Competitive Solicitations. Faxed or e-mailed
modifications shall be automatically rejected.
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
Responses will be received until the designated time and will be publicly opened.
13 of 45
Respondents
!' Request i Competitive
.:p. Solicitation. Monroe
....•r. #representative authorized to open
the responses will decide when the specified time has arrived and no responses received
thereafter will be considered. No responsibility will be attached to anyone for the premature
opening of a response not properly addressed and identified. Respondents or their authorized
agents are invited to be present.
The contract shall be awarded based on the criteria and weighted points specified in
Section 4, above. The County will attempt to negotiate a contract with the firm with highest
cumulative points based on the sole discretion of the County. If a contract cannot be agreed
upon with the Respondent with the highest cumulative points, attempts to negotiate a contract
with the firm with the next highest cumulative point will commence. This process will continue
until a contract can be agreed upon by both parties.
The County reserves the right to reject any and all responses and to waive technical errors
and irregularities as may be deemed best for the interests of the County. Responses that
contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain
additions not requested or irregularities of any kind, or that do not comply in every respect with
the Instruction to Respondent, may be rejected at the option of the County.
A. The County reserves the right to award separate contracts for the services based
on geographic area or other criteria, and to waive any informality in any
response, or to re -advertise for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of
contract.
D. The County reserves the right to reject all proposals.
14 of 45
Statutory Limits
Employers' Liability insurance
Bodily Injury by Accident
Bodily Injury by Disease, policy limits
Bodily Injury by Disease, each employee
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The policy shall provide minimum limits of $500,000 Combined Single Limit.
If split limits are provided, the minimum limits acceptable shall be:
$300,000 per person
$500,000 per occurrence
$200,000 property damage
Tehicle Liability
(Owned, non -owned and hired vehicles) $300,000 Combined Single Limit.
IM. M- T f- IRf1-N 0 FA
11 114 per person
11 111 per occurrence
�r 1 1 1 1 1 1■- ! -
Monroe County shall be named as an Additional Insured on the General Liability policy.
The Respondent to whom a contract is awarded shall defend, indemnity and hold harmless
the County as outlined be
15 of 45
with, or by reason of services provided by the Respondent or any of its subcontractor(s),
occasioned by the negligence, errors, or other wrongful act or omission of the Respondent,
Its subcontractor(s), their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the
Respondent/Vendor's failure to purchase or maintain the required insurance, the Vendor
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for
the indemnification provided for above. The extent of liability is in no way limited to, reduced
or lessened by the insurance requirements contained elsewhere within this agreement.
•► Lei•► 1
The Respondent will be required to execute a contract with the County for the services
provided for in this RFQ. The Respondent with whom a contract is negotiated shall be
required to return to the County three (3) executed counterparts of the prescribed Contract
together with the required certificates of insurance.
These contract documents should be used only after consultation with counsel. These
documents are not intended as legal advice appropriate to any specific situation, nor do they
purport to address all issues which may arise between the contracting parties. The documents
may be amended or supplemented where appropriate.
MONROE •
CONTRACT FOR
THIS AGREEMENT is made and entered into this , day of , by
• COUNTY BOARD • COUNTY COMMISSIONERS ("COUNTY"), a •r
subdivision • the State • Florida, whose .•• is 1100 Simonton Street, Key West, Florida
33040 and ("FINANCIAL ADVISOR"), whose address is
1.1 FINANCIAL ADVISOR shall provide, upon request • the • Administrator or
County Commission, services related to financial planning and policy development and
services -• to ■-■ issuance. The services to be provided are described in the
Scope of Services — Exhibit A — which is attached hereto and made a part of this
agreement.
1.2 FINANCIAL ADVISOR shall provide the scope of services in Exhibit A for COUNTY.
FINANCIAL ADVISOR warrants that it is authorized by law to engage in the
performance of the activities herein described, • to the terms and conditions set
forth in these Agreement documents. The FINANCIAL ADVISOR shall at all time
exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. FINANCIAL ADVISOR shall provide
services using the following standards, as a minimum requirement:
A. The FINANCIAL ADVISOR shall maintain adequate staffing levels to provide t
services required under the Agreement resulting from this RFQ process.
B. The personnel shall not be employees of or have any contractual relationsh
with the County.
C. All personnel engaged in performing services under this Agreement shall be ful
qualified, and, if required, to be authorized or permitted under State and local lal
• perform such services. i
WrIMIM
3.1 The FINANCIAL ADVISOR shall not assign any interest in this Agreement or
subcontract any of the work performed under the Agreement and shall not transfer any
interest in the same without the prior written consent of the County.
4.1 All information, data, reports and records in the possession of the County necessary for
carrying out the work to be performed under this Agreement shall be furnished to the
FINANCIAL ADVISOR without charge by the County, and the County shall cooperate
with the FINANCIAL ADVISOR in every way possible.
t[:7 �•� M =10'i IW;W--W :14 4 �j 14 k,k
5.1 The initial Agreement term will be for two (2) years beginning the day of
, 2015 and renewable at the County's option for subsequent
additional multiple consecutive two (2) year terms.
5.2 If either party desires to modify or amend this Agreement, it shall notify the other in
writing at least thirty (30) days prior to the effective date of such modification or
termination. No amendment is effective without the prior written consent of the other
party.
• - •
6.1 Payment will be made according to the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes. The Provider shall submit the invoice and supporting
documentation in a form acceptable to the Clerk to the County's Representative
expressed in paragraph 5, Section One of this RFQ. Acceptability to the Clerk is based
on generally accepted accounting principles and such laws, rules and regulations as
may govern the clerk's disbursal of funds. The County's Representative shall review the
request, shall note his/her approval on the request and forward it to the Clerk for
payment.
6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe
County.
7.1 Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. COUNTY may terminate this Agreement
with or without cause upon thirty (30) days notice to the FINANCIAL ADVISOR.
COUNTY shall pay FINANCIAL ADVISOR for work performed through the date of
termination.
8.1 FINANCIAL ADVISOR hereby agrees that he has carefully examined the RFQ, his/her
response, and this Agreement and has made a determination that he/she has the
18 of 45
personnel, equipment, and other requirements suitable to perform this work and
assumes full responsibility therefore. The provisions of the Agreement shall control any
inconsistent provisions contained in the specifications. All specifications have been
read and carefully considered by FINANCIAL ADVISOR, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Agreement be more strongly construed against
COUNTY than against FINANCIAL ADVISOR.
8.2 Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
8.3 The passing, approval, and/or acceptance by COUNTY of any of the services furnished
by FINANCIAL ADVISOR shall not operate as a waiver by COUNTY of strict
compliance with the terms of this Agreement, and specifications covering the services.
8.4 FINANCIAL ADVISOR agrees that County Administrator or his designated
representatives may visit FINANCIAL ADVISOR'S facility (ies) periodically to conduct
random evaluations of services during FINANCIAL ADVISOR'S normal business hours.
8.5 FINANCIAL ADVISOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
11. 1 Any notice required or permitted under this agreement shall be in writing and han-2@'
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
To the COUNTY: Director of Strategic PIning
1100 Simonton Street,
Key West, Florida 33040
10.1 FINANCIAL ADVISOR shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
agreement and for five years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to the FINANCIAL
ADVISOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the FINANCIAL ADVISOR shall repay the monies together with interest
calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the
19 of 45
11.1 The FINANCIAL ADVISOR warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the
COUNTY may, in its discretion, terminate this agreement without liability and may also,
in its discretion, deduct from the agreement or purchase price, or otherwise recover the
full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee.
12.1 By signing this agreement, FINANCIAL ADVISOR represents that the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's
competitive procurement activities.
12.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a Agreement with a public
entity for the construction or repair of a public building or public work, may not perform
work as a FINANCIAL ADVISOR, supplier, subcontractor, or contractor under
Agreement with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,
for the Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
�f:TiTiK�rIi]�l�a:II►C��_['�'��1�►111�I►`��:7�:7��_`�'Ci7� ��Ii�`3�'�_1:I�7��
13.1 This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the
State.
13.2 In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and FINANCIAL
ADVISOR agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
14.1 If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
20 of 45
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
FINANCIAL ADVISOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken
provision.
15.1 The COUNTY and FINANCIAL ADVISOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non -prevailing
party. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
16.1 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and FINANCIAL ADVISOR and their respective legal
representatives, successors, and assigns.
17.1 Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
18.1 COUNTY and FINANCIAL ADVISOR agree that all disputes and disagreements shall
be attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement shall
not be subject to arbitration.
19.1 In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and FINANCIAL ADVISOR agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and FINANCIAL ADVISOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
21 of45
20.1 COUNTY and FINANCIAL ADVISOR agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. COUNTY or FINANCIAL ADVISOR agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: Title VIl of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; Monroe County Code Chapter 13, Article VI which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
21.1 COUNTY and FINANCIAL ADVISOR covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with
its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
e; 1 6 11441 J4-VJRT1*-R
22.1 COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
23.1 The COUNTY and FINANCIAL ADVISOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
22 of 45
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the FINANCIAL ADVISOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
24.1 The COUNTY and FINANCIAL ADVISOR shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and FINANCIAL ADVISOR in conjunction with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement
upon violation of this provision by FINANCIAL ADVISOR.
25.1 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the FINANCIAL ADVISOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any Agreement entered into by the COUNTY be required
to contain any provision for waiver.
26.1 All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
27.1 Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
23 of 45
28.1 No person or entity shall be entitled to rely upon the terms, or any term, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
FINANCIAL ADVISOR agree that neither the COUNTY nor the FINANCIAL ADVISOR
nor any agent, officer, or employee of either shall have the authority to inform, counsel,
or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
29.1 FINANCIAL ADVISOR agrees to execute such documents as the COUNTY may
reasonably require, including, but not being limited to, a Public Entity Crime Statement,
an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of
Interest Clause, and Non -Collusion Agreement.
30.1 No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
31.1 This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
32.1 Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
E•' tlr•T I ► 6-111 L.1► [N 41•I 1111 [*] I -
33.1 As a pre -requisite of the work governed, the FINANCIAL ADVISOR shall obtain, at
his/her own expense, insurance as specified Exhibit B, which is made part of this
contract. Failure to provide proof of insurance shall be grounds for termination of this
Agreement.
33.2 The FINANCIAL ADVISOR will not be permitted to commence work governed by this
contract until satisfactory evidence of the required insurance has been furnished to the
24 of 45
COUNTY as specified below. Delays in the commencement of work, resulting from the
failure of the FINANCIAL ADVISOR to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work commenced on the
specified date and time, except for the FINANCIAL ADVISOR'S failure to provide
satisfactory evidence.
33.3 The FINANCIAL ADVISOR shall maintain the required insurance throughout the entire
term of this contract and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate suspension of all work until the
required insurance has been reinstated or replaced and/or termination of this
Agreement and for damages to the COUNTY. Delays in the completion of work
resulting from the failure of the FINANCIAL ADVISOR to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been
suspended, except for the FINANCIAL ADVISOR failure to maintain the required
insurance.
33.4 The FINANCIAL ADVISOR shall provide, to the COUNTY, as satisfactory evidence of
the required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
33.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
33.6 All insurance policies must specify that they are not subject to cancellation, non -
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
33.7 The acceptance and/or approval of the FINANCIAL ADVISOR'S insurance shall not be
construed as relieving the FINANCIAL ADVISOR from any liability or obligation
assumed under this contract or imposed by law.
33.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
E± I►IaI=1Ili IIIIaK-AIW11N:Ca74a K /_1:iiJIR*-Tjk,1111]4a4k,m
34.1 FINANCIAL ADVISOR assumes and agrees to hold harmless, indemnify, protect, and
defend the COUNTY and the COUNTY's elected and appointed officers and
employees, Boards and Commissions, and any other agents, individually and
collectively (collectively, "indemnified parties"), against any and all fines, penalties,
lawsuits, claims, actions, causes of action, litigation, demands, obligations,
administrative proceedings, appellate proceedings, or other proceedings relating to any
and all types of injury (including death), loss, damage, fine, penalty, liability, judgment,
or business interruption, and any and all costs, fees, attorney fees, or expenses that
may be asserted against, initiated with respect to, or sustained by, any of the
indemnified parties by reason of, arising out of, incident to, resulting from, or in
25 of 45
connection with, (A) any and all activities, operations, or work of FINANCIAL ADVISOR
or any of its employees, agents, consultants or other persons employed or utilized
under any and all of the obligations and terms of this Agreement, (B) the negligence,
errors, omissions, recklessness, or intentional or willful misconduct of FINANCIAL
ADVISOR or any of its employees, agents, consultants or other persons employed or
utilized, or (C) FINANCIAL ADVISOR'S non-conformance, breach, or default with
respect to any of the obligations and terms under this Agreement. Insofar as the claims,
actions, causes of action, litigation, proceedings, costs, fees, or expenses relate to
events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this
Agreement. FINANCIAL ADVISOR agrees that the indemnified parties may select the
attorneys to appear and defend such claims, actions, causes of action, or litigation on
behalf of the indemnified parties. FINANCIAL ADIVSOR further agrees to pay at the
FINANCIAL ADVISOR'S expense the attorneys' fees and costs incurred by those
attorneys selected by the indemnified parties to appear and defend such claims,
actions, causes of action, or litigation on behalf of the indemnified parties at the trial and
appellate levels. FINANCIAL ADVISOR agrees that the first ten dollars ($10.00) of
remuneration paid to FINANCIAL ADVISOR represents specific consideration for the
indemnification obligation provided above. The extent of liability is in no way limited to,
reduced or lessened by the insurance requirements contained elsewhere with in this
Agreement.
34.2 The duty to defend under this Section is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the
FINANCIAL ADVISOR, the 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 the FINANCIAL ADVISOR. The FINANCIAL ADVISOR'S
obligation to indemnify and defend under this Section 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.
34.3 At all times and for all purposes hereunder, the FINANCIAL ADVISOR is an
independent contractor and not an employee of the Board of County Commissioners.
No statement contained in this agreement shall be construed so as to find the
FINANCIAL ADVISOR or any of his/her employees, contractors, servants or agents to
be employees of the Board of County Commissioners for Monroe County. As an
independent contractor the FINANCIAL ADVISOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances,
rules and regulations applicable to the services to be provided.
34.4 The FINANCIAL ADVISOR shall be responsible for the completeness and accuracy of
its work, plan, supporting data, and other documents prepared or compiled under its
obligation for this project, and shall correct at its expense all significant errors or
omissions therein which may be disclosed. The cost of the work necessary to correct
those errors attributable to the FINANCIAL ADVISOR and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to
the FINANCIAL ADVISOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-
25 of 45
34.5 The FINANCIAL ADVISOR agrees that no charges or claims for damages shall bc
made by it for any delays or hindrances attributable to the COUNTY during the progress
of any portion of the services specified in this contract. Such delays or hindrances, if
any, shall be compensated for by the COUNTY by an extension of time for a reasonable
period ! ' the FINANCIAL ADVISOR
#' tocompletethe work- •
agreement shall be made between the parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the l:. of
(SEAL)
O i►
0 e' � A
LIM
by
Mayor/Chairman
MIME,
Financial Advisor shall provide, upon the request of the County Administrator or County
Commission, services related to financial planning and policy development and services
related to debt issuance. The services provided shall include but not necessarily be limited to
the following:
a) Assist the County in the formulation of Financial and Debt Policies and Administrative
Procedures.
b) Review current debt structure, identifying strengths and weaknesses of structure so
that future debt issues can be structured to maximize ability to finance future capital
needs. This will include, but not be limited to, reviewing existing debt for the
possibility of refunding that debt to provide the County with savings.
c) Analyze future debt capacity to determine the County's ability to raise future debt
capital.
d) Assist the County in the development of the County's Capital Improvement Program
by identifying sources of capital funding for infrastructure needs.
e) Assist the County with the development of the County's Financial Plan by assessing
capital needs, identifying potential revenue sources, analyze financing alternatives
such as pay-as-you-go, lease/purchase, short-term vs. long-term financing
assessments, user fees, impact fees, developer contributions, public/private
partnerships and grants. Provide budgetary and financial impact analysis of each
alternative as required.
f) Develop, manage and maintain computer models for long-term capital planning which
provide for inputs regarding levels of ad valorem and non -ad valorem taxation, growth
rates by operating revenue and expenditure item, timing, magnitude, cost of debt
issuance, project operating and capital balances, selected operative and debt ratios
and other financial performance measures as may be determined by the County.
g) Provide debt service schedules reflecting varying interest rates, issue sizes and
maturity structures as needed for feasibility consultants or for related County fiscal
planning.
h) Attend meetings with staff, consultants and County Commission. The County will
make reasonable efforts to schedule meetings and consolidate issues to minimize
travel of Financial Advisor.
i) Review underwriter's proposals and submit a written analysis of same to the County.
j) Undertake any and all other financial planning and policy development assignments
requested by County regarding bond and other financings, financial policy including
budget, tax, cash management issues and related fiscal policy and programs.
28 of 45
k) Assist the County in preparing financial presentations for public hearings and/or
referendums.
1) Provide special financial services as requested by the County.
a) Analyze financial and economic factors to determine if the issuance of bonds is
appropriate.
b) Develop a financing plan in concert with the County's staff to include
recommendations as to the timing and number of series of bonds to be issued.
c) Assist the County by recommending the best method of sale, either as a negotiated
sale, private placement or a public sale. In the case of a public sale, make
recommendations as to the determination of the best bid. For a negotiated sale,
assist in the solicitation, review and evaluation of any investment banking proposals,
and provide advice and information necessary to aid in such a selections.
d) Advise as to the various financing alternatives available to the County.
e) Develop alternatives related to debt transactions including evaluation of revenues
available, maturity schedules and cash flow requirements.
f) Identify key bond features and advise on provisions regarding security, reserve fund,
flow of funds, redemption provisions, additional parity debt tests, etc.
g) Evaluate benefits of bond insurance and/or security insurance for debt reserve fund.
h) if necessary, develop credit rating presentation and coordinate with the County the
presentation to the rating agencies.
i) Assist the County in the procurement of other services relating to debt issuance such
as printing, paying agent, registrar, etc.
j) Review the reports of accountants, independent engineers and other project feasibility
consultants to ensure that such studies adequately address technical, economic and
financial risk factors affecting marketability of any proposed revenue debt issues;
provide bond market assumptions necessary for financial projections included in
these studies; attend all relevant working sessions regarding the preparations, review
and completion of such independent studies; and provide written comments and
recommendations regarding assumptions, analytic methods and conclusions
contained therein.
k) Review the requirements and submit analysis of insurance, rating agencies and other
professionals as they pertain to the County's debt obligations.
1) Review the terms, conditions and structure of any proposed debt offering undertaken
by the County and provide suggestions, modifications and enhancements where
appropriate and necessary to reflect the constraints of current financial policy and
fiscal capability.
m) Provide regular updates on tax-exempt bond market conditions and advise the
County as to the most advantageous timing for debt issuance.
29 of 45
n) Assist and advise the County in negotiations with investment banks regarding fees,
pricing of bonds and final terms of any security offering and provide written
recommendation regarding a proposed offering. Provide assurance that the pricing
is the most advantageous at time of issuance.
3) Special Services. Upon request of the Co
a) Impact fee financial analysis.
b) Review of County proposals for grants.
c) Rate analysis.
d) Budget and financial management analysis.
e) Referendum assistance.
f) Legislative initiatives.
g) Other, as requested.
EXHIBIT B
The FINANCIAL ADVISOR shall be responsible for all necessary insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen
(15) days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the FINANCIAL ADVISOR insurance forms are not received within the fifteen (15)
day period, the contract may be awarded to the next selected Respondent. Policies shall be
written by companies licensed to do business in the State of Florida and having an agent for
service of process in the State of Florida. Companies shall have an A.M. Best rating of A- or
better. The required insurance shall be maintained at all times while FINANCIAL ADVISOR is
providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $500,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $500,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The policy shall provide minimum limits of $500,000 Combined Single Limit.
If split limits are provided, the minimum limits acceptable shall be:
$300,000 per person
$500,000 per occurrence
$200,000 property damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
Vehicle Liability
(Owned, non -owned and hired vehicles) $300,000 Combined Single Limit.
If split limits are provided, the minimum limits acceptable shall be:
31 of45
$300,000 per occurrence
$200,000 property damage
Professional Liability $1,000,000 per Occurrence
$2,000,OOOAggregate
Monroe County shall be named as an Additional Insured on the General Liability policy.
SUBMISSION • `' FORM
RESPOND TO: ! ` ' • ■UNTY BOARD OF COUNTY• • '
Purchasing Department
GATO BUILDING, ROOM 2-213
10 SIMONTON STREET
FLORIDAKEY WEST,
acknowledge- -. of Addenda
I have included
• Submission Response Form
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free WorkpForm
lace
• • - Statement
business• Monroe County business tax receipt and relevant
City - - . are required to be
obtained within ten days of award of the contract
• Request •r Waiver of Insurance Requirements
• .cal Preference Formapplicable)
I have included a current copy of the following professional and Monroe County business tax receipt:
(RegisteredAPPLICANT ORGANIZATION:
business name must appear exactly as it appearson www.sunbiz.org.
copi, OF ,.
Corporations.of State, Division of
• . -
Zn
1'97M_
(Print Name)
(Title)
Subscribed and sworn to (or affirmed) before me on
(date) by (name of afFiant). He/She is personally known to me or
has produced (type of identification) as identification.
w
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010--1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
STATE OF:
M
.- _ - 111.- -
TARY
Expires:My Commission
FIFA
NON -COLLUSION AFFID"IT
1, of the city of
my oath, and under penalty of perjury, depose and say that
F=. OMMMM M-R
I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpo
of restricting competition; I
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
FIMM
(date) by (name of affiant). He/She is
I IM
MZEMMW==#
7Kiii-W21111`;S13, IIIII III lI "111 1111111111111 11111111111 : 1�
WORKPLACE .
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee
will abide by the temps of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(Signature)
Date:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
(name of affiant). He/She is personally known to me or has
produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR 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 fro the date of being placed on the convicted
vendor list."
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
BE "
Leis] IIIII III Vito]
(date) by (name of affiant). He/She is personally known to
me or has produced (type Q
r • •
Lei 0 -• • • r
-• r -• r
• -� - •
Indemnification and
OtherFor
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any
tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial statements
from the fund upon request from the County.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
11 111 per Person
11 !11 per Occurrence
11 1!I ..-
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum
of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing - work governedcontract
Contractor, prior to the commencement of
liabilityCoverage shall be maintained throughout the life of the
coverage fo
$200,000 per Person
1 1 1 F'1 per -
requires the use of vehicles, th,l
obtain Vehicle Liability Insurance.
jI;ontract and include,as-
MOW
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall purchase and maintain, throughout the
life of the contract, Professional Liability Insurance which will respond to damages resulting
from any claim arising out of the performance of professional services or any error or omission
of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
Pliffilili)[111 7 . - I - III NNOF -,_
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential, and acting on the advice of the County Attorney, the Board of County
Commissioners has granted authorization to Risk Management to waive and modify various
insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has not been granted the
authority to waive this provision.
TZV
Waiving, of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. if a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with
the County Administrator or the Board of County Commissioners, who retains the final
decision -making authority.
Kf(Jl;KU-1-;-UU1ATT-, -f-C—AWf 0-11
Request For Waiver
of
Insurance Requirements
WMITIP-9 M.
Contract for:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
RESPONDENT SIGNATURE
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
44of45
prior to the notice or request for bid or proposal? _,;,,_ (Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or
perfon-ns business on a day to day basis that is a substantial component of the goods or services being offered to Monroe
County? The physical address must be registered with the Florida Department of State as its principal
Department of State Detai I by Entity Name sheet showing Principal Address.)
List Address:
Telephone Number:__
I.;wj MW&IWI 1 .1 .1
rcusinesses meeting the criteria above as to licensing and location?
TWTA M, VT 7.4 TMOT "I
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year
prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by name of int). He/She is personally known to me or has produced