ATTACHMENTS_1-7_-_RQS24-0174.pdf

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Attached to
Bond and Other Debt Related Legal Services
Solicitation number
RQS24-0174
Issued by
Orange County, Orlando City, Florida

About this file

The document is a Request for Qualifications (RQS24-0174) issued by the City of Orlando for Bond and Other Debt Related Legal Services. The solicitation seeks qualified legal firms to provide comprehensive bond-related legal services, with responses due electronically by 2:00 pm local time on Wednesday, May 8, 2024. Respondents are required to submit detailed attachments including an Addendum Receipt Verification, Confidential/Proprietary Information Exemption Form, Minority/Women-Owned Business Enterprise Participation Form, Veteran Business Enterprise Participation Form, Certification Regarding Prohibition Against Contracting with Scrutinized Companies, Additional Questions for Respondent, and References.

The RQS includes specific requirements for minority and women-owned business participation, with goals of 18% Minority Business Enterprise (MBE) and 6% Women-Owned Business Enterprise (WBE) participation. The city also seeks firms with extensive experience in various financial areas, including fixed and variable rate transactions, specific bond types (wastewater, parking system, tourist development, industrial development), tax expertise, post-issuance compliance, derivatives market transactions, and taxable transactions. Respondents must provide detailed information about their firm's experience, references, potential conflicts of interest, and compliance with state and local regulations. The document emphasizes the need for comprehensive legal expertise in municipal finance and bond-related services.

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COVER PAGE

BUSINESS NAME & ADDRESS: CONTACT INFORMATION:

Business Name Name of Contact Individual

Address Contact Address

City, State, Zip Contact City, State, Zip

Business Telephone Number Contact Telephone Number

Business email address Contact email Address

DUNS NUMBER (Dun & Bradstreet)

RQS24-0174 Bond and Other Debt Related Legal Services

ATTACHMENT 1

ADDENDUM RECEIPT VERIFICATION

Complete and submit this document in the order and manner as indicated in the QUALIFICATION STATEMENT FORMAT section of this RQS.

ATTACHMENT 1

ADDENDUM RECEIPT VERIFICATION

The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each):

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Company

Signature

Title

ATTACHMENT 2

CONFIDENTIAL AND/OR PROPRIETARY INFORMATION

EXEMPTION FORM

Complete and submit this document in the order and manner as indicated in

ATTACHMENT 2

Confidential and/or Proprietary Information Exemption Form

In the table below, Respondents shall identify specifically any information contained in their Response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. A generic notation that information is “confidential” is not sufficient. Failure to provide the Procurement and Contracts Division Office with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Qualification Statement being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

Page No. Section Applicable Exempting Law

Detailed Explanation/Justification with specific language from the Florida Statute that would allow this item to be

Confidential/Proprietary

An additional page may be utilized for the above table; however, this form should be signed and submitted with your Qualification Statement.

Signature

Print Name and Title

Name of Company

Date

ATTACHMENT 3

MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE

PARTICIPATION FORM

Complete and submit this document in the order and manner as indicated in

ATTACHMENT 3

MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION FORM

Chapter 57, Article II, Minority Business Enterprise (MBE), and Article III, Women-Owned Business Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE), respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to Minority and Women-Owned Business Enterprises (M/WBE). The Respondent awarded a contract shall make a good faith effort to ensure that 18% of the dollar amount of the contract is performed by MBEs and 6% of the dollar amount of the contract is performed by WBEs.

1. Policy:

It is the policy of the City of Orlando that MBEs and WBEs shall have the maximum feasible opportunity to participate in the performance of City contracts.

As used in this solicitation and any resulting contract, the term "minority business" is defined as a business firm which is at least 51% owned and controlled by minority group members and which has been officially certified or recognized by the City as an MBE. The minority ownership must exercise actual day-to-day management and independent control. For the purpose of this definition, minority group members are Blacks, Hispanics, Asians, Pacific Islanders, Alaskan Natives, and American Indians. As used in this solicitation and any resulting contract, the term "women-owned business" means a business firm which is at least 51% owned and controlled by women and which has been officially certified or recognized by the City as a WBE. The women ownership must exercise actual day-to-day management and independent control. Only those companies which are certified or recognized by the City on or before the date set for submittal of qualification statements may be utilized to meet the goals established by Chapter 57. A listing of certified and recognized M/WBE’s is available at:

http://www.cityoforlando.net/admin/mbe/directory.htm.

2. List of MBE/WBE Firms Performing Work on the Contract:

Responses will be evaluated on the basis of MBE and WBE participation.

Respondent shall state whether respondent itself is a City certified or recognized MBE or WBE firm.

If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit with your response a copy of the notification received from the City stating that your company is recognized by the City as a Minority/Women-Owned Business Enterprise:

Business Name:

Certification Number:

Expiration Date:

http://www.cityoforlando.net/admin/mbe/directory.htm

Although no task assignment or scope of work to be assigned is identified at this time, each Respondent shall also list the MBE and WBE firms who the Respondent intends to use as subcontractors and the scope of work each will perform. The participation must be such that the firms will be performing useful business functions according to custom and practice in the industry, and the firms will be performing work within their certification classification. Please fill in the boxes below.

Additional boxes or pages may be added by a respondent if necessary.

MBE SUBCONTRACTOR UTILIZATION

Subcontractor’s Name and City

Certification Number:

Description of Work to be Performed:

1.

2.

3.

WBE SUBCONTRACTOR UTILIZATION

Subcontractor’s Name and City

Certification Number:

Description of Work to be Performed:

1.

2.

3.

3. Affirmative Statement. (Please mark the line for “Yes” below if you agree to the following statement. Please mark the line for “No” if you do not.)

____ YES or ____ NO - Respondent hereby makes an affirmative declaration that it will make a good faith effort to achieve 18% MBE subcontracting participation and 6% WBE subcontracting participation on this contract.

Failure to mark either box will be deemed a “No” response for purposes of proposal evaluation and scoring. MBE and WBE percentage participation means the percentage of the total dollar amount of the contract to be performed by the subcontractor firms(s).

4. Reports. Respondents awarded a contract shall submit periodic reports of participation by MBE and WBE firms in such form and manner and at such time as the City or the MBE Director may prescribe. Monthly status reports shall be provided to the MBE Director at his request. The MBE Office shall have the right to review and audit records, receipts, and documents upon reasonable notice.

5. Deviations. During the course of the contract, any deviation from the MBE and WBE participation identified in the Respondent’s Qualification Statement or in a specific task assignment by a Respondent must be reported to, and approved in writing by, the MBE Director. Deviations shall only be allowed for good cause. Failure to comply shall result in the City imposing penalties, which may include suspension or debarment from obtaining future City contracts.

6. Miscellaneous. For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact:

Minority Business Enterprise Office City Hall at One City Commons, 5th Floor

400 South Orange Avenue Orlando, Florida 32801-3302

(407) 246-2623

There shall be no third-party beneficiaries of the MBE or WBE provisions of the contract. The City shall have the exclusive means of enforcement of Chapter 57 of the City Code and contract terms. No right of action for non-signatories of the contract is intended or implied. The City is the sole judge of compliance and whether a good faith effort has been made under Chapter 57 and the contract.

ATTACHMENT 4

VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM

Complete and submit this document in the order and manner as indicated in

ATTACHMENT 4

VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM - RQS

In order to foster economic development and business opportunities, promote the growth and development of local businesses, and rectify the economic disadvantages of service-disabled veterans and wartime veterans who have made extraordinary sacrifices on behalf of the nation, the City of Orlando has adopted a Veteran Business Enterprise (“VBE”) Preference. For further information regarding this program, please refer to Chapter 7 of the Code of the City of Orlando.

In order for a respondent to receive credit either itself or for listing a VBE subcontractor, the respondent and/or subcontractor for which credit is sought must perform useful business functions on the contract, have its principal place of business in the Metropolitan Statistical Area (“Orlando MSA”) (i.e. Orange, Lake, Seminole or Osceola Counties) and be a certified veteran business enterprise by the State of Florida Department of Management Services (“DMS”) as set forth in Section 295.187 of the Florida Statutes as of the date set for submittal of bids. For purposes of the City’s VBE Program, respondent’s “Principal Place of Business” has been defined by Chapter 7 of the City Code to mean the location identified by a respondent as its principal place of business with respect to a solicitation, which location may be either (i) the main business office of the respondent where the chief executive officer, or equivalent person, maintains his or her primary office, or (ii) the office where the majority of the work related to the City solicitation will be performed.

In accordance with City Code, a respondent or subcontractor that is both a qualifying VBE and a City certified or recognized Minority Business Enterprise (“MBE”) or Woman Owned Business Enterprise (“WBE”) may not receive scoring consideration for more than one status. Accordingly, a respondent should list itself or an eligible subcontractor as either an MBE/WBE or as a VBE, but not both. In the event that a respondent mistakenly lists itself or a qualifying VBE subcontractor who is also a City certified or recognized MBE or WBE firm for consideration for scoring as both a VBE and as a MBE or WBE subcontractor in its proposal, the respondent shall receive scoring consideration for whichever status results in a higher score for the respondent’s proposal.

There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Preference Ordinance and any contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando.

Respondents awarded a contract shall submit periodic reports of participation by VBE firms in such form and manner and at such time as the City or the City’s Minority Business Enterprise (MBE) Director may prescribe. At a minimum, the successful Proposer shall submit to the City within thirty (30) days of completion of all work performed under the contract a final report detailing the portion of the work performed by VBE firms and the percentage of work subcontracted to each. The City shall have the right to review and audit records, receipts, and documents upon reasonable notice.

If Respondent is a qualifying VBE, please complete the boxes below:

Respondent’s Name:

Respondent’s Principal Place of Business

Florida DMS Certification

Number :

1.

If Respondent is proposing to utilize any VBE subcontractor(s) which are currently certified by the State of Florida Department of Management Services and have their principal place of business in the Orlando MSA, please list such subcontractor(s) in the boxes below:

VBE Subcontractor’s Name:

VBE Subcontractor’s Principal Place of Business

Florida DMS Certification

Number :

1.

2.

ATTACHMENT 5

CERTIFICATION REGARDING PROHIBITION AGAINST

CONTRACTING WITH SCRUTINIZED COMPANIES

Complete and submit this document in the order and manner as indicated in

ATTACHMENT 5

CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH

SCRUTINIZED COMPANIES

I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel.

In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute.

I understand and agree that the City may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or it is found to have been engaged in business operations in Cuba or Syria.

Name of Consultant:____________________________________

By:__________________________________________________ (Authorized Signature)

Title:_________________________________________________

Date:_________________________________________________

ATTACHMENT “6”

ADDITIONAL QUESTIONS FOR RESPONDENT

Complete and submit this document in the order and manner as indicated in the QUALIFICATION STATEMENT FORMAT section of this RQS.

ADDITIONAL QUESTIONS FOR RESPONDENT

The following questions are intended to provide the City with additional information regarding the nature and extent of each Proposer’s background that would relate directly to the activities anticipated by the City.

Each respondent is requested to address the questions set forth in as concise a manner as possible.

1. In summary table form, please indicate the number and dollar volume of fixed rate transactions for each year from 2020 to the present that were handled by the firm and, separately, by the individuals proposed to be part of the City’s legal team. To the extent possible, please separate these responses as to the role provided by the firm (Bond Counsel, Disclosure Counsel, Underwriter’s/Bank’s Counsel and other).

2. Please provide the information in Question #1 for Florida transactions.

3. Please indicate the specific experience the firm and the proposed legal team have within the following areas:

a. Wastewater Bonds.

b. Parking System Bonds, particularly where the issuer is a major operator of several garages.

c. Community Redevelopment Agency (CRA) tax increment financings.

d. Use of a covenant to budget and appropriate pledge by a local government.

e. Tourist Development Tax Bonds.

f. Industrial Development Bonds.

g. Stormwater Bonds

4. Please indicate examples of the firm’s innovation/creativity utilized in assisting clients in the following or other areas of public/private initiatives:

a. Arena/Events Center/Performing Arts Center/Sport Facility financing.

b. CRA related issues.

c. Joint ventures (City/County, City/City, City/Private Entity and/or City/Not-for profit).

5. Please indicate the number and dollar volume of variable rate transactions for each year from 2020 to the present that were handled by the firm and, separately, by the individuals proposed to be part of the City’s legal team. To the extent possible, please separate these responses as to the role provided by the firm (Bond Counsel, Disclosure Counsel, Underwriter’s/Bank’s Counsel and other).

6. Please provide information in Question No. 5 for Florida transactions.

7. Please indicate your firm’s experience with negotiating Interlocal Agreements, Bond Purchase Agreements, Standby Bond Purchase Agreements or other liquidity arrangements, Letters of Credit, Lines of Credit and other credit enhancements.

8. Please provide a description of the firm’s tax experience and qualifications, including its experience with tax exempt revenue bonds, as well as your firm’s capacity for arbitrage liability analysis.

9. Please discuss your firm’s experience in providing advice to clients with respect to their post-issuance compliance obligations, including but not limited to continuing disclosure obligations, arbitrage rebate requirements, etc.

10. Please discuss your firm’s experience related to derivatives market transactions (caps, swaps, collars, etc.) including your experience negotiating or working with ISDA Master Agreements and Schedules.

11. Please discuss your firm’s experience with taxable transactions (both fixed and variable rate).

12. Does your firm maintain any full-time public finance offices in Florida or the southeastern United States that would assist the proposed legal team? If yes, please indicate how such offices would assist the proposed legal team?

13. Please indicate the level of malpractice insurance carried by your firm to cover errors and omissions, improper judgments, or negligence.

14. Please discuss your firm’s experience with examinations by the IRS or other regulatory agencies of transactions in which your firm was involved.

15. Does your firm have any arrangement with any unrelated individuals or entities with respect to the sharing of any compensation, fees, or profits received from or in relation to acting as an underwriter for the City? If so, provide a narrative description of the arrangement and the manner in which compensation or fees would be shared. PLEASE

NOTE THAT YOUR FIRM’S OBLIGATION TO DISCLOSE TO THE CITY ANY

SUCH RELATIONSHIP CONTINUES FROM THE DATE OF YOUR SUBMITTAL

THROUGH THE ISSUANCE OF THE PROPOSED BONDS.

16. Will the selection of your firm result in any current or potential conflict of interest? If so, your firm’s response must specify the part with which the conflict exists or might arise, the nature of the conflict, and whether your firm would step aside or resign from the engagement or representation creating the conflict.

Identify fully the extent to which your firm or individual partners or employees are the subject of any ongoing municipal securities investigation, are a party to any municipal securities litigation or arbitration, or are the subject of a subpoena in connection with a municipal securities investigation.

In addition, include any such investigations which concluded in an enforcement or disciplinary action ordered or imposed in the last three years.

ATTACHMENT “7”

REFERENCES

Complete and submit this document in the order and manner as indicated in the QUALIFICATION STATEMENT FORMAT section of this RQS.

Proposer shall submit as a part of the Proposal package, a minimum of three (3) business references from organizations that have utilized the services being proposed by the City. Additional references may be provided as set forth below.

Project #1:

Project Name:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Contact Email Address and Fax #:

Contract Amount: Date Work Performed:

Project #2:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Project #3:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Project #4:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Project #5:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Address Contact Address
City, State, Zip Contact City, State, Zip
Business Telephone Number Contact Telephone Number
Business email address Contact email Address
ATTACHMENT 1
ADDENDUM RECEIPT VERIFICATION
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 3
MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION FORM
ATTACHMENT 4
VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM - RQS
There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Pref...
Respondents awarded a contract shall submit periodic reports of participation by VBE firms in such form and manner and at such time as the City or the City’s Minority Business Enterprise (MBE) Director may prescribe. At a minimum, the successful Prop...
If Respondent is a qualifying VBE, please complete the boxes below:
ATTACHMENT 6 -7 - RQS24-0174.pdf
ADDITIONAL QUESTIONS FOR RESPONDENT
ADDITIONAL QUESTIONS FOR RESPONDENT
REFERENCES
ATTACHMENT 6 -7 - RQS24-0174.pdf
ADDITIONAL QUESTIONS FOR RESPONDENT
ADDITIONAL QUESTIONS FOR RESPONDENT
REFERENCES

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