1-MAY061726 FINAL RFP Municipal Advisor Services.pdf
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- SLCo RFP MAY061726 Municipal Advisor Services
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- Salt Lake County, Utah
About this file
This is a Request for Proposals (RFP) issued by Salt Lake County, Utah, seeking qualified firms to provide municipal advisory and fiscal agent services to Salt Lake County and the Municipal Building Authority of Salt Lake County. The County anticipates issuing various debt securities over the next four years, including Tax and Revenue Anticipation Notes (TRANs) in the $50-$100 million range, general obligation bonds, sales tax revenue bonds, and lease revenue bonds. The municipal advisor will coordinate with bond counsel and County legal staff to analyze market conditions, evaluate financing options, prepare financial analyses, assist in underwriter selection for negotiated sales, serve as a non-voting member of the Debt Review Committee, manage credit rating evaluations and submissions, arrange for publication of sale notices, assist in evaluating sale bids, and prepare continuing disclosure reports. The County's general obligation bonds currently hold AAA ratings from all three major rating agencies, while its uninsured lease revenue bonds are rated AA+/Aa1. Proposals must be submitted by 1:00 PM on July 20, 2026, through the Utah Public Procurement Place (U3P) powered by Bonfire. Questions may be submitted until July 13, 2026. The Committee meeting is scheduled for July 30, 2026, with potential proposer interviews on August 6, 2026, and an anticipated notice to proceed on January 1, 2027. The contract term is four years (January 1, 2027 through December 31, 2030) with the option to renew for two additional two-year terms under the same terms and conditions.
Proposers must submit pricing using a fixed charge per bond type and annual or hourly rates for professional services, with all fees and rates guaranteed for 24 months. Price increases are capped at 3% annually and must be supported by documentation linked to an independent index. The County will make timely payment within 30 days of invoice receipt. Proposers must demonstrate they are "qualified firms" having provided services to municipalities with at least 50,000 residents or public entities with annual budgets of at least $50 million. Insurance requirements include workers' compensation with statutory limits, commercial general liability of $500,000 per occurrence/$1,000,000 aggregate, commercial automobile liability of $500,000 per person/$1,000,000 per accident, and errors and omissions coverage of $1,000,000 per occurrence/$2,000,000 aggregate. All liability policies must name Salt Lake County as an additional insured. Proposals will be evaluated on a 90% program proposal and 10% pricing proposal basis, with scoring criteria including professional experience of key advisors (25%), approach to debt issues (20%), firm experience (20%), staffing plan (10%), firm qualifications (10%), and miscellaneous information (5%). All costs associated with proposal preparation and personnel travel to Salt Lake City for meetings are the responsibility of the proposer. All proposed pricing is a public record under GRAMA unless a proper claim of business confidentiality is submitted with a redacted copy of the proposal.
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Text version
REQUEST FOR PROPOSALS
SALT LAKE COUNTY
MUNICIPAL ADVISOR SERVICES
RFP # MAY061726
Date of Issue: June 17, 2026
TABLE OF CONTENTS
Part 1: Overview and Instructions
1.1 Purpose of the Request for Proposals
1.2 Deadline for Proposal Submission
1.3 Projected Schedule for the RFP Process
1.4 Pre-Proposal WebEx Meeting
1.5 Question Submission
Part 2: Scope of Work and Requirements
2.1 Background
2.2 Scope of Work
2.3 Length of Agreement
2.4 Fee and Escalation Clause
2.5 Insurance Requirements
2.6 Proposal Format / Submission Requirements
Part 3: Response Evaluation and Notice to Proposers
3.1 Evaluation and Scoring Criteria
3.2 Written Agreement Required
3.3 Notice to Proposers
EXHIBIT A –
ATTACHMENT A – Proposal Cover Summary ATTACHMENT B – Request for Protected Status ATTACHMENT C – Procurement Preference System ATTACHMENT D – Environmental Compliance Practices ATTACHMENT E – Example RFP Contract
Part 1: Overview and Instructions
1.1 Purpose of the Request for Proposals “RFP”
Salt Lake County (“County”) is soliciting competitive proposals from qualified firms (“Proposers”) to provide municipal advisory and fiscal agent services to Salt Lake County and the Municipal Building Authority of Salt Lake County.
Salt Lake County expects and intends to issue debt securities during the next four years for the purposes of (a) providing short term operating capital pending receipt of annual tax collections; (b) financing and/or refinancing capital projects for general government purposes supported by the full faith and credit of Salt Lake County and pledging its taxing authority as the source of repayment of such debt issues; (c) financing and/or refinancing capital projects for other purposes and pledging other specific revenues as the source of repayment of such debt issues; and (d) any other lawful purpose determined by the County through its duly-elected Legislative body to be appropriate and desirable and pledging such revenues, collections, claims or receipts as are determined to be legally and appropriately pledged as the source of repayment of such debt issues as needed.
The complexity of the capital markets and the substantial negative implications resulting from less-than-optimally structured debt issues demands utilization of persons having expertise in an array of specified fields, together with access to financial market resources not generally available to persons and entities not intricately involved in the capital market. Evaluation of resources available within the County indicates the specific debt issuance needs of the County can be provided more effectively and economically by use of outside independent contractors. Accordingly, the County desires to contract for the services of a professional municipal advisor/fiscal agent to provide services relating to the issuance by the County of various debt issues, both long and short term and lease-revenue.
This RFP is intended to provide interested Proposers with sufficient minimum requirements. The requirements in the Scope of Work for this RFP are not intended to limit a proposal's content or creativity. Proposers may submit innovative ideas, new concepts, and optional features in response to this RFP.
Proposers are encouraged to expand upon the specifications to give additional evidence of their ability to provide the services requested in this RFP.
However, Proposers must address the needs and requirements stated in the Scope of Work of this RFP.
The award of additional features beyond the minimum requirements is in the County’s sole discretion and will be clearly identified in the resulting contract if it is deemed appropriate by the County and falls in line with the initial RFP Scope of Work.
1.2 Deadline for Proposal Submission
Proposals must be uploaded before 1:00 PM on July 20, 2026 to Contracts and Procurement’s online solicitation system, the Utah Public Procurement Place (U3P) powered by Bonfire:
https://utah.bonfirehub.com/portal/?tab=openOpportunities No proposals will be accepted after the closing date and time.
1.3 Projected Schedule for the RFP Process
County reserves the right to modify the following schedule at its discretion:
Activity Date
Final day to submit questions July 13, 2026 Proposal Due Date July 20, 2026 Committee Meeting July 30, 2026 Proposer Interviews (if necessary) August 6, 2026 Anticipated Notice to Proceed January 1, 2027
1.4 Pre-Proposal WebEx Meeting
A pre-proposal conference will not be held.
Proposers are encouraged to submit their questions in writing through the county’s online solicitation system the Utah Public Procurement Place (U3P) powered by Bonfire. If the RFP needs to be modified or clarified, the County will issue a written amendment on U3P.
1.5 Question Submission
Questions may be submitted through U3P until the deadline for questions submission, which is July 13, 2026 at 1:00 pm. Answers to the questions will be posted in U3P Bonfire for everyone to view. Do not contact County officers or employees, or selection committee members.
https://utah.bonfirehub.com/portal/?tab=openOpportunities
Part 2: Scope of Work and Requirements
2.1 Background
Prior Debt Issues of the County
The County issues Tax and Revenue Anticipation Notes (TRAN’s) on an annual basis in anticipation of the collection of various revenues during the year and ad valorem taxes in November and December each year. TRAN’s may be rated and have a term of less than 6 months, 15 days.
TRANS have in the past been issued in the $50-$100 million range. TRANS have not been issued since 2020 due to adequate fund balances. Sales may be by negotiated placement or competitive sale.
Bond Issues
The County intends to and will issue bonds for various projects as the need arises. These bonds may be in the form of general obligation, sales tax revenue, lease revenue bonds, or any other form of lawful debt. The County’s general obligation bonds currently have an underlying rating “AAA” by Fitch, “AAA” by Moody’s and “AAA” by Standard and Poors. The County’s uninsured (“stand alone”) lease revenue municipal building authority bonds currently are rated “AA+” by Fitch “Aa1" by Moody’s and “AA+” by Standard and Poors.
2.2 Scope of Work
The role of the awarded Proposer will be to identify, describe, and evaluate the financial implications for the County of the types and methods of financing available based on legal, economic, debt market, and tax implications existing at the time of the issue.
Duties are desired, but not limited to, the areas listed below.
Legal Considerations: With the concurrence and at the direction of the County, coordinate with bond counsel and counsel for the County to jointly analyze existing market conditions, legislation and regulations affecting the debt issue.
Do not include the cost of bond counsel in the proposal.
Financial Planning and Sale Cost: Evaluate all financial options available to the County and advise it as to the most feasible and cost-effective method of sale.
Prepare economic and financial analyses, spread sheets and financial options for submission to the County as required. In the event of negotiated sales, the awarded Proposer will assist the County in the selection of the underwriting firm or group (including but not limited to preparing and circulating RFP’s) and assist the County in negotiating rates and other associated costs.
Debt Review Committee: The municipal advisor sits as a non-voting member of Salt Lake County’s Debt Review Committee. As such, the municipal advisor will be asked to advise on certain non-bonding financial decisions that are evaluated by the Debt Review Committee, including, but not limited to, transactions such as New Market Tax Credits, multi-year leases, pay-go financing, as well as other financial analysis requested from the debt review committee.
Documents: In coordination with the County Mayor’s Office, County’s legal staff, and the Debt Review Committee, advise the County as to the information required for the preparation of official statements and other documents required for an issue, including the gathering and compilation of the information and the preparation and printing of these documents, as required.
Public Notices: Arrange for the appropriate publication of sale notices as necessary (costs of publication will be paid by the County).
Credit Ratings: Evaluate impact of credit ratings and in coordination with the County prepare and submit, on behalf of the County, all appropriate information, documentation and credit rating applications to rating agencies (the costs and expenses of credit ratings will be paid by the County).
Debt Issue Evaluations: Assist in evaluating sale bids and/or underwriting proposals, as applicable. The scope of this requirement includes advising and assisting the County in completing all bond sale transactions.
Finalization of Bond Sales: Work with the County Mayor’s Office regarding all required financial statements for debt issues. Assist the County’s staff in delivering bonds to purchaser(s) and may represent the County at bond sale closings.
General: Work with County offices and personnel, bond counsel, disclosure-counsel (if appropriate), bond insurers (if appropriate), and all others associated with a debt issue. Be responsible for coordinating all activities for successful bond issuance and sale.
Primary Responsibilities: The primary responsibility will be to perform all services in conformance with Federal, State, and Local government laws and in accordance with industry practice, and to act in the best interest of the County.
Continuing Disclosure Reporting: Prepare and submit material event filings as necessary. Be responsible for preparing and submitting all continuing disclosure reports with the appropriate oversight organizations, as required by the Municipal Securities Rulemaking Board (MSRB) for Electronic Municipal Market Access (EMMA), or as required by statute or contract.
2.3 Length of Agreement
It is the intent of the County to enter into a contract with the successful Proposer beginning January 1, 2027 for a four-year term ending on December 31, 2030. The contract may be renewed for two additional two-year terms under the same terms and conditions.
The Proposer may present justification for a cost-of-living increase for each renewal term. At the culmination of the maximum eight years, the service shall be open for a competitive process. Any bond issues in process will be completed in a timely manner at the end of the final term, and no new issuances will be assigned.
County reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract.
There is no guarantee that contract(s) will be awarded from this solicitation.
2.4 Fee and Escalation Clause
The proposal should indicate a fixed charge per type of bond and an annual rate and/or hourly rate for professional services. The fees and rates proposed must include overhead and other expenses the Proposer might incur.
The County will make timely payment within 30 days of receipt of an approved invoice, per the terms of the contract.
The price(s) proposed must be guaranteed for 24 months and any request for price adjustment must be for an equal guarantee period. A request for a price increase must include sufficient documentation supporting the request.
Justification for a price increase should be linked to an independent index or indicator not controlled by either the County or the Proposer and, cannot exceed 3% annually. The County may reject or accept price escalation in its sole discretion. Any price escalation to the contract must be approved by the County as a written amendment to the resulting agreement.
The County will be given the immediate benefit of any decrease in the market, or allowable discount.
The County has the right to correct an incorrect invoice before paying.
2.5 Insurance Requirements
Insurance Requirements. Contractor agrees to secure and maintain the following required policies of insurance before commencing work on the project:
2.5.1 Workers’ Compensation. Workers’ compensation insurance with statutory limits as required by the State of Utah unless a waiver of coverage is allowed and acquired pursuant to Utah law and Employers Liability insurance with minimum limits of $1,000,000 per Accident;
$1,000,000 Disease per employee; $1,000,000 Disease per policy. The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against County. This requirement includes contractors who are doing business as an individual and/or as a sole proprietor as well as corporations, limited liability companies, joint ventures and partnerships.
2.5.2 Commercial General Liability. Commercial general liability insurance on a standard occurrence form, in the minimum amount of $500,000 per occurrence with a $1,000,000 general policy aggregate. If Contractor maintains higher limits than the specified minimum limits, County requires and shall be entitled to coverage for the higher limits maintained by Contractor. The policy shall protect County and Contractor from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from Contractor’s acts or omissions under this Contract, whether performed by Contractor itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations, acts of independent contractors, and completed operations. Completed operations insurance shall be maintained for three (3) years after the end of the warranty period.
2.5.3 Commercial Automobile Liability. If any vehicles will be operated to perform the scope of work, commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles, in the minimum amount of $500,000 per person, $1,000,000 per accident, $250,000 property damage or a single combined limit of $1,000,000.
2.5.4 Errors and Omissions. Contractor shall carry errors and omissions insurance in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general policy aggregate.
2.5.5 General Requirements for Liability Insurance.
2.5.5.1 Salt Lake County shall be endorsed as an additional insured on all liability policies. The endorsement shall include liability arising out of ongoing and completed operations by or on behalf of the Contractor in the performance of the Contract. Required policies shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
2.5.5.2 Required policies shall cover inter-insured suits between Contractor and the additional insureds and shall include a “separation of insureds” or “severability” clause which treats each insured separately.
2.5.5.3 Contractor shall furnish certificates of insurance, acceptable to County, verifying the foregoing matters concurrent with the execution hereof and thereafter as required.
2.6 Proposal Format / Submission Requirements
Submit proposals in the online solicitation system (U3P). All proposals should be formatted as three (3) separate PDFs: 1) Program Proposal; 2) Pricing Proposal; and 3) Supplemental Attachments (Optional). NO MORE
THAN THREE (3) SEPARATE DOCUMENTS SHOULD BE SUBMITTED.
Proposers must submit a narrative response to the elements outlined in 3.1 Evaluation and Scoring Criteria and conform to the submission requirements listed below.
Proposals not following the Proposal Format/Submission Requirements outlined herein may result in being deemed non-responsive.
1. Program Proposal (PDF #1):
A. Document #1 (Program Proposal) should begin with the completed
Attachment A Proposal Cover Summary (Required). Attachment A is not included in the page count.
a. Table of Contents should be included, organized in the same order as the Evaluation Criteria in Section 3.1 (not included in the page count).
b. Format should be 1) 8-1/2 X 11 size with white background 2) portrait layout only and 3) black 12-point font. Section headings may be in color and a larger font.
c. The PDF view should be in Single-Page layout.
d. Title page, cover letters are not required but are acceptable (not included in the page count).
B. The narrative response to the elements outlined in 3.1 Evaluation Scoring Criteria may not exceed [20-pages].
C. The Program Proposal should include within the PDF all exhibits (Resumes count toward the narrative limit, all other exhibits do not count toward the narrative limit).
D. The Program Proposal PDF with all attachments, exhibits, appendices, etc., is limited to 10 MB to allow for electronic distribution.
2. Pricing Proposal (PDF #2):
A. Excel in lieu of PDF documents are acceptable unless otherwise specified in the RFP.
3. Attachments (PDF #3) A. Attachments B, C, D, E (Optional)
1. If requesting protected record status complete Attachment B and upload a redacted program proposal.
• All documents submitted in response to this RFP will be treated as public records in accordance with GRAMA unless a claim of business confidentiality is submitted. Refer to Section 3.3.A.
• Failure to provide a redacted copy, or otherwise comply with the requirements, waives your request for protected record.
2. If requesting preferences, include the completed Attachment C and proof. Refer to Section 3.1.A.
3. Attachment D County’s Environmental Compliance Practices and
Non-Debarment Certification compliance. Proposers should attest to the Attachment D compliance statement in the U3P event Questions Section. Proposers are not required to submit a signed Attachment D.
4. If requesting alterations to Attachment E or the RFP per Section 3.2 of this RFP, include a PDF of items requested and reasonable alteration desired.
Part 3: Response Evaluation and Notice to Proposers
3.1 Evaluation and Scoring Criteria
Response to the program proposal will be evaluated, scored, and ranked by a Selection Committee. Each member of the committee will be provided a score sheet to complete the proposal evaluation utilizing the point system listed below. Committee Members individually score the proposals and rank them 1st, 2nd, 3rd, etc. according to their total score. The following point system is utilized:
Excellent (5): If the proposal offer exceeds expectations, with an excellent probability of success in achieving all requirements of the RFP, and is very detailed in providing innovative ideas, new concepts or optional features applicable to the project; a score of “5” is given.
Good (4): If the proposal offers a very good probability of success, achieves all requirements of the RFP in a reasonable fashion and provides some innovative ideas, new concepts or optional features applicable to the project; a score of “4” is given.
Acceptable (3): If the proposal offers a reasonable probability of success, but some of the requirements may not be met and does not include innovative ideas, new concepts or optional features applicable to the project; a score of “3” is given.
Poor (1-2): If the proposal falls short of expectations and has a low probability of success; a score of “1-2” is given.
Unacceptable: If the approach completely fails the requirements; a score of “0” is given.
Proposals will be evaluated, scored, and ranked on the following criteria. The program proposal is 90% of the scoring and the pricing proposal is 10% for a total of 100.
1. Program Proposal
The program proposal will be evaluated, scored, and ranked by a Selection Committee.
25% Professional Experience of Key Principal Advisors:
List the professional experience of the Key Principal Advisors for the past three (3) years. Briefly describe the work performed, including the dollar amount of the debt issues, the type of debt issue, whether the sale was competitively bid or negotiated and what type of governmental entity you served (county, city, state, etc.). All experience involving issues of $50 million or more should be described in your response.
Describe any innovations you have developed or worked on for bond issues and the results thereof.
State means of identifying potential conflicts of interest, outline any potential conflicts of interest and provide details for resolving such conflicts of interest.
20% Approach:
Please outline the steps in developing a plan for a debt issue and the duties at each step of the plan.
Outline the technical and legal support services your firm has available and how they will be utilized.
Outline the role your firm will play in evaluating financing alternatives and the various options that may be available. List references where financing plans have been used.
20% Firm Experience:
Describe briefly your firm’s investment banking and financial capabilities in regard to competitive as well as negotiated sales.
Briefly outline your firm’s major experience during the past three (3) years and include any statement made by a governmental entity where you provided financial agent services.
10%. Staffing Plan:
What individuals would be assigned to the County’s financing plans.
Please include professional resumes.
What would their availability be?
What other individuals would be available to the County.
10% Firm Qualifications:
Is your firm a “qualified firm”? For the purposes of the RFP, a “qualified firm” means a municipal advisor/fiscal agent that has provided services to (a) a municipality having no less than 50,000 residents and/or (b) a public entity having an annual budget of no less than $50 million.
What are your firm’s qualifications to serve as Municipal Advisor/Fiscal Agent?
How is your firm organized?
What is your firm’s presence in the State of Utah?
How will you put the resources of your firm to work for the County’s financing plans?
Please include your firm’s most recent financial statement. If this is not possible, please so state and submit alternatives.
Please indicate the number of personnel currently employed by your firm in the function of services to governmental entities, together with the breakdown of these employees between professional, clerical and other job classifications.
5%. Miscellaneous:
Please submit any recommendations regarding the maintenance or improvement of the County’s credit ratings with the rating agencies.
Please provide any other information that you believe to be relevant to this contracting arrangement.
2. Pricing Proposal:
The pricing proposal will be reviewed separately.
10% Proposed Pricing/Costs/Fees:
Please explain your proposal for fee arrangements under various financial alternatives. Explain how fees may differ in the cases of competitive versus negotiated sales (it is the County’s general policy that its financial agent not be allowed to underwrite or be a part of a group purchasing a debt issue). At a minimum, your fees should be outlined for general obligation bonds, sales tax bonds and lease revenue bonds. Fees may vary depending on the size of the issue. Describe in detail.
Please propose a fixed fee arrangement for the County’s TRAN issues for the ensuing four years, starting with calendar 2027. Note: the county may not issue TRANs, depending on fund balances and other legal reasons.
Please propose a fee arrangement for professional services excluding the TRANS or bond issues, if applicable.
Please outline the costs and other incidental expenses connected with the preparation and sale of debt issues which the County would be required or expected to pay.
Clearly state in this section all costs and expenses in connection with all travel of the Proposer’s personnel to and from Salt Lake City for necessary meetings in connection with the planning, preparation, and sale of the County’s debt issues. Such costs and expenses to be paid solely by the awarded Proposer if located outside Salt Lake County.
Indicate whether your firm is willing to expedite the payment of issuance costs by disbursing through your firm to be reimbursed after closing by the County, if necessary.
The fees proposed must include any and all professional fees; and any and all costs the Proposer may incur.
Proposed fees must include continuing disclosure reporting as outlined in Section 2.2 Scope of Work and Tasks to be Completed.
A. Preference System Salt Lake County may adjust scoring pursuant to its Preference System established by ordinance and policy. Please complete Attachment C preference system and include the required proof of request.
B. Interview, Demonstration, and Site Visit.
The Selection Committee may invite Proposers for an interview, demonstration, or conduct a site visit. The purpose is clarification and verification of the written proposal. The Selection Committee may re-score the proposal after the interview, demonstration, or site visit.
C. Recommended Award After the Selection Committee has completed their evaluation, they will notify the County Mayor of the top-ranked Proposer. Award is conditioned upon the execution of a satisfactory contract.
D. Debrief Meetings Debrief meetings with the selection committee members will not be allowed, however, a Proposer may discuss the RFP process with the chair/facilitator of the committee at any time.
3.2 Written Agreement Required
The selected Proposer must agree to all requirements in the RFP scope of work.
The selected Proposer must also be willing to enter into a written agreement with County and agree to all the terms set forth in the Example Contract, attached to this RFP.
If you wish to request alterations to the RFP, including any of the terms of the example RFP Contract (Attachment E), or any of the exhibits, attachments, or addenda, the alterations must be specifically identified in your proposal with reasonable alternatives presented. Any such exceptions must be submitted as a separate PDF and labeled “Requested Alterations.” Only those alterations so specified will be available for discussion or negotiation. Proposer understands that deviations from the Example Contract are made at the County’s sole discretion.
Proposers are advised that the County is not bound by the terms of the RFP until a written agreement is fully executed and any activity taken on by the Proposer prior to full execution of a written agreement is done at the Proposer’s sole risk.
3.3 Notice to Proposers
By submitting a proposal to this RFP, Proposer understands and agrees to the following:
A. Government Records Access and Management Act (GRAMA):
County is a governmental entity subject to the Utah Government Records Access and Management Act (“GRAMA”), Utah Code Ann. §§ 63G-2-101 to -901. As a result, County is required to disclose certain information and materials to the public, upon request. Generally, any document submitted to County is considered a “public record” under GRAMA. Any person who provides to County a record that the person believes merits protection under subsection 63G-2-305(1) or (2) must submit with their proposal all of the following: (1) a written claim of business confidentiality, (2) a concise statement of reasons supporting the claim of business confidentiality, and (3) a separate copy of the proposal with the information requested to be protected redacted. Failure to comply with any of the three requirements for a claim of business confidentiality waives the request for protected record. Generally, GRAMA only protects against the disclosure of trade secrets or commercial information that could reasonably be expected to result in unfair competitive injury.
For your convenience, County has provided a Business Confidentiality Request Form which is attached to this RFP as Attachment B. All documents submitted in response to this RFP will be treated as public records in accordance with GRAMA, unless a claim of business confidentiality has been properly made and approved by County. All proposed costs/pricing/fees submitted to the county are public records. An entire proposal cannot be identified as “PROTECTED,” “CONFIDENTIAL,” or “PROPRIETARY” and may be considered non-responsive if marked as such.
B. Copyrighted Material Waiver: In the event that the proposal contains copyrighted or trademarked materials, by submitting its proposal the Proposer grants the County the right to use, reproduce, and publish the copyrighted or trademark materials in any manner the County deems necessary for conducting County business and for allowing public access to the responses under GRAMA or otherwise, including but not limited to photocopying, County Intranet/Internet postings, broadcast faxing, and direct mailing.
If the proposal contains materials whose copyright or trademark is held by a third party, it is the Proposer’s sole responsibility to obtain permission from that third party for the County to reproduce and publish the information.
By submitting its proposal, the Proposer certifies that it owns or it has obtained all necessary approvals for the reproduction or distribution of the contents of the proposal and agrees to indemnify, protect, save and hold the County, its representatives and employees harmless from any and all claims arising from all intellectual property claims related or connected to the proposal and agrees to pay all legal fees incurred by the County in the defense of any such action.
C. Restrictions On Communications: From the issue date of this solicitation until a Proposer is selected and the selection is announced, Proposers are prohibited from communications regarding this procurement with agency staff, evaluation committee members, or other associated individuals EXCEPT the Buyer overseeing this procurement. Failure to comply with this requirement may result in disqualification.
D. RFP Cancellation: This RFP may be cancelled at any time prior to the execution of a written agreement if deemed in the best interests of County.
This includes cancellation of the RFP after an award has been made, but prior to the execution of a written contract. Proposer is not entitled to recover any costs related to the preparation of the proposal due to cancellation of the RFP or withdrawal of an award prior to the execution of a written agreement.
E. Firm Pricing: All prices, quotes, or proposals are to remain firm for 120 days after the closing date, unless a different period is stated in County’s RFP. Any proposal that does not offer to remain firm for the required period may be considered to be non-responsive.
F. Costs: Proposers bear all costs and expenses related to this RFP including, but not limited to, preparation and delivery of the proposal, attending the pre-proposal conference, and attending the interview.
G. Licensing: All applicable federal, state, and local licenses must be acquired before the contract is entered into between County and the selected Proposer. Licenses must be maintained throughout the entire contract period. Persons doing business as an Individual, Association, Partnership, Corporation, or otherwise must be registered with the Utah State Division of Corporations and Commercial Code. NOTE: Forms and information on registration may be obtained by calling (801) 530-4849 or toll free at 877-526-3994, or by accessing: https://corporations.utah.gov/.
H. Changes or Modifications: Any changes or modification to the RFP will be made by written addendum. Proposer submitting a proposal based on any information other than that contained in County’s RFP and any amendments (addenda), do so at their own risk.
I. Receiving Proposals: Contracts and Procurement will administer receipt and opening of all proposals. After the closing time, only the identity of each Proposer will be made public. If only one proposal is received in response to County request, Contracts and Procurement, in coordination https://corporations.utah.gov/ with the agency requesting the project, may recommend entering into a contract to the single Proposer if the conditions cited above are met.
Alternatively, Contracts and Procurement may re-solicit for the purpose of obtaining additional proposals.
J. Rejection of Proposals: Any proposal containing significant deviations from the specifications of the RFP will be considered non-responsive and may be rejected in whole or in part.
K. Protests: Pursuant to Salt Lake County Code of Ordinances § 3.20.150, a protest in regard to the RFP document must be submitted in writing prior to the RFP closing date. All other protests must be submitted in writing within five (5) business days after notification of the award is posted on U3P. A protestor may file only one (1) protest after the RFP closing date.
Protest letters must specifically and completely state the facts that the protestor believes constitute error in the RFP document or the award.
L. Free and Competitive Selection: Any agreement or collusion among prospective Proposers to fix a price or limit competition will render the proposal void, and such conduct is unlawful and subject to criminal sanction. By submitting a proposal, the Proposer hereby certifies that no one in its firm or company has either directly or indirectly restrained free and competitive selection, participated in any collusion, or otherwise taken any action unauthorized by County Purchasing Ordinances or applicable law.
M. Ethical Standards: Proposer represents that it has not: (a) provided an illegal gift to any County officer or employee, or former County officer or employee, or to any relative or business entity of a County officer or employee, or relative or business entity of a former County officer or employee; (b) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (c) breached any of the ethical standards set forth in State statute or Salt Lake County Code of Ordinances § 2.07; or (d) knowingly influenced, and hereby promises that it will not knowingly influence, any County officer or employee or former County officer or employee to breach any of the ethical standards set forth in State statute or Salt Lake County ordinances.
N. Campaign Contributions: The Salt Lake County campaign finance disclosure ordinance limits campaign contributions by Proposers to County candidates. Salt Lake County Code of Ordinances § 2.72A.
Proposer acknowledges and understands those limitations on campaign contributions mean that any person, business, corporation or other entity that enters into a contract or is engaged in a contract with County is prohibited from making campaign contributions in excess of $100 to County candidates during the term of the contract and during a single election cycle as defined in the ordinance. Proposer further acknowledges that violation of those provisions governing campaign contributions may result in criminal sanctions as well as termination of the Contract.
O. Reasonable Accommodations: Reasonable accommodations for qualified individuals to attend meetings may be provided upon receipt of a request with two (2) working days’ notice. Please contact Contracts and Procurement at 385.468.0300. TTY users may call 711.
P. Environmentally Responsible Procurement Practices: County has implemented environmentally responsible procurement practices. Please refer to Attachment D.
Q. Notice to Retirees of Utah Retirement Systems (“URS”)
County is a URS “participating employer.” Entering into an agreement with County may affect a URS retiree’s retirement benefits including, but not limited to, cancellation of the retiree’s “retirement allowance” due to “reemployment” with a “participating employer” pursuant to Utah Code Ann. § 49-11-504 to -505. In addition, Proposer is required to notify County immediately if a retiree of URS is the Proposer; or an owner, operator, or principal of the Proposer. Proposer may refer the URS retiree to the URS Retirement Department at 801-366-7770 or 800-695-4877 for all questions about post-retirement employment regulations.
R. Employee Status Verification System Proposer shall register and participate in the Status Verification System before entering into a contract with County as required by Utah Code Ann.
§ 63G-12-302. The Status Verification System is an electronic system operated by the federal government, through which an authorized official of a state agency or a political subdivision of the state may inquire by exercise of authority delegated pursuant to 8 U.S.C. § 1373 to verify the citizenship or immigration status of an individual within the jurisdiction of the agency or political subdivision. Proposer is individually responsible for verifying the employment status of only new employees who work under Proposer’s supervision or direction and not those who work for another Proposer or subcontractor, except each Proposer or subcontractor who works under or for another Proposer shall certify to the main Proposer by affidavit that the Proposer or subcontractor has verified, through the Status Verification System, the employment status of each new employee of the respective Proposer or subcontractor. The Proposer shall comply in all respects with the provisions of Utah Code Ann. § 63G-12-302.
Proposer’s failure to comply with this requirement may result in the immediate termination of its contract with County.
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