5-SLCI26083.docx

Salt Lake City Corporation Professional Services, No. SLCI26083 Arbitrage Compliance Computation Services Treasurer’s Office, Department of Public Utilities, Community Redevelopment Agency (“CRA”).

I. PROFESSIONAL SERVICES OVERVIEW

Issued By: Salt Lake City Corporation, Purchasing Division Salt Lake City Corporation and the Community Reinvestment Agency of Salt Lake City, a separate entity of Salt Lake City Corporation, (collectively known as the "City") is soliciting qualifications from qualified offerors to perform arbitrage compliance computation services in accordance with IRS regulations for various long-term, tax exempt bonds that have been issued by the City, Department of Public Utilities, and the CRA and for future bonds that may be issued by the City, Department of Public Utilities, or the CRA during the term of the resulting agreement. This agreement does not include services for the Department of Airports.

The City’s procurement processes, including this competitive solicitation, are governed by Salt Lake City Code Chapter 3.24 and Salt Lake City Administrative Rules for Procurement Article 53-1A.

Issue Date: Date stated in U3P posting

Question Due Date: Date stated in U3P posting

Close Date: Date stated in U3P posting

Purpose of this Solicitation The purpose of this Professional Services is to competitively select an offeror (Offeror) to enter into a contract with City to perform the “scope of work”.

It is anticipated that this Professional Services will result in a single contract award to the most qualified responsive and responsible Offeror.

The total contract amount shall not exceed $75,000.00.

Term The contract resulting from this Professional Services solicitation will be for five (5) years.

Professional Services Contents Professional Services document (this document) Attachment 1: Sample Agreement Attachment 2: Scope of Work Attachment 3: Debt Structure All responses submitted in response to this Professional Services MUST be submitted electronically through the Utah Public Procurement Place (U3P) website as detailed in Section III, Response Submission, below.

Response Submission Deadline: The deadline is the date and time listed in U3P. The upload of all response documents MUST be fully complete by the date and time deadline or the response will not be accepted.

NO LATE RESPONSES WILL BE ACCEPTED.

II. GENERAL INFORMATION

a. Insurance Requirements. Offerors should review the required insurance coverage and notice of policy cancellation requirements that will be part of the resulting contract(s).

b. Business Registration with the State of Utah. The selected Offeror must be registered with the Utah State Division of Corporations and Commercial Code. Forms and information on how to get registered may be obtained by calling (801) 530-4849 or by accessing www.corporations.utah.gov. The selected Offeror will be required to have its registration completed prior to signing the agreement.

III. RESPONSE SUBMISSION

a. U3P Registration and Submission

i. Registration

Registration is required for electronic submission. It is the Offeror’s responsibility to register for notification to receive any changes, corrections, question/answer documents, and addendums issued for Professional Services documents.

Offeror must complete a one-time registration by providing their company information through Bonfire. Click this link and select “Register” to complete the registration process.

Once registered the Offeror may go to this link: Utah Public Procurement Place (U3P), to search and select any Professional Services project listed, log-in, download the project documents, ask questions, confirm an intent to respond, and respond to solicitations published there. Failure to register and log-in with an intent to respond to a Professional Services constitutes an automatic waiver of Offeror’s right to receive a direct notification of any changes, corrections or addenda for a Professional Services.

ii. Submission

ELECTRONIC SUBMISSION REQUIRED. THERE IS NO OPTION TO SUBMIT A PAPER RESPONSE.

All responses submitted to this Professional Services MUST be submitted electronically and MUST be submitted through the U3P website. The deadline for submission stated is a hard deadline. If Offeror’s response is not fully and completely uploaded at the stated date and time, the response will not be accepted by the U3P website and will not be considered.

Deadline for submission: The deadline for completing submission, including all uploads is listed in U3P.

Responses through the U3P website require uploading of electronic attachments. The U3P site will accept a variety of document types, including but not limited to Word, Excel, and PDF attachments, but not all document types are necessarily compatible with the U3P website. You MAY NOT submit documents that are embedded (zip files), movies, wmp, mp3 or mp4 files or password protected files, etc. Such actions may cause your response to be deemed as “non-responsive”.

After uploading your response file, Offerors MUST go to “Submit and Finalize”and click “SUBMIT & FINALIZE MY SUBMISSION” to complete the process.

Please allow sufficient time to complete initial registration, including any online forms, and to upload documents. The solicitation will end at the closing time published. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your response will not be received by the system. It is recommended that the submission process be completed the day prior to the due date, with the understanding that any subsequent changes/updates to that initial submission will still be accepted up to the due date and time for response submission.

b. Submission Content

Upload cover sheet and response document as described below to the U3P website. Your response must be uploaded and the electronic submission completed by the time and date specified. Other uploaded documents such as an exceptions document, declarations of confidentiality, or other reference documents related to the primary response criteria are allowed but should be minimal.

DO NOT submit all pages of this Professional Services document with response. Include only the response sections described below:

i. Cover Sheet including the following information:

Company Name: ________________________________________________ Doing business as: [ ] an individual [ ] a partnership [ ] a corporation [ ] a limited liability company (mark appropriate box), duly organized under the laws of the State of _________________.

Name of Authorized Representative:

PRINCIPAL OFFICE ADDRESS:

Telephone:

Email Address:

ii. Minimum Mandatory and Response Requirements

When preparing responses, Offeror shall reply to each of the minimum mandatory requirements and response requirements in the order listed. Restate each numbered point listed below followed by Offeror’s response in full, narrative sentences and provide any requested materials.

c. Do not submit cost as part of Offeror’s submission. Offeror must guarantee its pricing for the entire duration of the Agreement. The total contract amount shall not exceed $75,000.00.

VI. QUESTIONS AND CLARIFICATION

If Offerors have questions, need clarification of provisions, or think the City has omitted anything from this Professional Services which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the Offeror shall submit questions online through the U3P website prior to the questions due date and time listed in U3P.

No interpretation of the meaning of any provision in this Professional Services, nor correction of any apparent ambiguity, inconsistency, error, or any other matter pertaining to this Professional Services shall be made to the Offeror orally. All questions requesting clarification or interpretation of any section or sections of this Professional Services must be submitted online through the solicitation on the U3P website prior to the date and time listed in U3P.

Questions received after the question submission date identified above may not be considered nor receive a response. If questions prompt the need for changes to the Professional Services document(s), the City will issue a written addendum. Any Q & A information and/or written addendums issued by the City shall be available for interested Offerors to view or download through the U3P website within a reasonable period of time following the above referenced deadline.

VII. SUBMISSION CONTENT

When preparing responses, Offeror shall reply to each of the following minimum mandatory requirements and response requirements in the order listed. Restate each numbered point listed below followed by Offeror’s response in full, narrative sentences and provide any requested materials.

a. Minimum Mandatory Requirements

Offerors must demonstrate the ability to meet or exceed the mandatory minimum requirements outlined below by providing a narrative point by point response, in the order listed, to each requirement.

The following mandatory minimum requirements must be met in order for a response to be considered responsive:

i. City Ethics Requirement. Offeror must include the following two paragraphs in Offeror’s response including Offeror’s own written acknowledgement that Offeror has read the first two paragraphs and agrees to comply with the terms thereof. Failure to do so will result in disqualification of Offeror.

Representation regarding ethical standards for city officers and employees and former city officers and employees. The offeror represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

It is the City’s policy that City employees are prohibited from personally accepting gifts, incentives, or marketing or promotional items from suppliers and that suppliers shall not offer such items to City employees. Such offers from suppliers are inappropriate and may result in suspension or debarment of the supplier from the City's procurement processes.

ii. Provide a list of clients for which Offeror has provided arbitrage compliance computation services since January 1, 2025.

iii. Offeror certifies that Offeror would not charge a retainer to guarantee a minimum annual fee per the City’s fiscal year in the event that no arbitrage compliance computation services or few services were utilized in any given fiscal year.

All of the items described in this section are non-negotiable.

b. Response Requirements

i. Qualifications

1. A statement of the firm’s experience and qualifications to meet the requirements of the City as outlined herein. Include a general overview and history of your company, number of years in business, number of employees, corporate headquarters location, type of business, names of the firm’s chief officers (include an organizational chart if possible), and where you do business. Detail your firm’s experience in providing the services requested herein for similar customers of similar size, with dates of performance and/or completion, customer name, contact person, and telephone number(s). By providing such references you agree that neither the City nor the clients referenced shall have any liability regarding the provision of such references or the City’s use of such references in making selections under this Professional Services.

2. Identify proposed staff members who would be involved in providing the services requested herein and submit statements or resumes detailing their qualifications. Your proposal should include information on levels of training received by each staff member and detailed descriptions of their involvement with projects of similar or identical scopes, such as LBA Bonds (formerly MBA), sales tax revenue bonds and general obligation bonds. Include the employees’ location and phone numbers.

i. For the key people identified, what would be their availability to the City?

ii. What other personnel and services would be available to the City (e.g. any computer resources, programs, personnel, education, as well as capabilities and location of these personnel and services)?

3. If applicable, identify any of the work that you intend to subcontract to others and identify the proposed subcontractors including names, specific assignments, and the qualifications of the subcontracting firm and its key personnel.

4. Is your company currently involved in arbitration or litigation for any reason? If so, please elaborate.

5. Has your company ever filed for reorganization or bankruptcy? If so, please provide dates and resolution.

6. Is your company in the process or anticipate changing its structure, being acquired or merging with another company?

7. In addition to the information and qualifications specified above, identify any special knowledge or skills provided by your firm that may be related or helpful to the services requested herein.

ii. Approach

1. Describe your proposed approach as it relates to the scope of services. Discuss the arbitrage compliance computation services that Offeror provides and would be offered to the City.

i. With respect to determining the bond funds subject to arbitrage rebate and IRS filing deadlines, indicate whether or not a legal opinion will be provided.

ii. With respect to Offeror’s provision of annual arbitrage rebate reports, supporting documentation and executive summary, and if applicable, the accompanying IRS Form 8038-T to the City describing the calculation method employed, assumptions and conclusions, indicate whether or not a CPA compilation assurance letter or legal opinion will be provided.

2. Identify the major risks associated with these services. For each risk, identify those activities which can be undertaken to reduce, mitigate or eliminate the risk. Identify the associated responsibilities. Ensure that these activities are reflected in your project and management plans.

VIII. RESPONSE EVALUATION PROCESS

a. Stage 1: Initial Review

In the initial phase of the evaluation process, City will review all responses timely received. Non-responsive responses not conforming to Professional Services requirements or unable to meet the mandatory minimum requirements will be eliminated from further consideration.

b. Stage 2: Response Review

Responsive responses will then be ranked by perceived qualification. City may establish a date and time for the interviews or presentations and shall notify eligible Offerors of the procedures. Subsequent details of scope and contract formation will be negotiated directly with the selected qualified Offeror.

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