FADM-250064_RFP_for_External_Financial_Advisors.pdf

This page must be completed and uploaded to OpenGov.com with your Submittal.

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BID COVER

Procurement and Contracts Division

(352) 334-5021(main)

Issue Date: 8/20/25

REQUEST FOR PROPOSAL: # FADM-250064-WB

External Financial Advisors

PRE-PROPOSAL MEETING: ☐ Non-Mandatory ☐ Mandatory ☒ N/A ☐ Includes Site Visit

DATE: TIME:

LOCATION:

QUESTION SUBMITTAL DUE DATE: September 10th, 2025

All meetings and submittal deadlines are Eastern Time (ET).

DUE DATE FOR UPLOADING PROPOSAL: September 17th, 2025 @ 3:00pm EDT

SUMMARY OF SCOPE OF WORK:

It is the intent of the City of Gainesville to obtain proposals for financial advisor services from qualified providers.

For questions relating to this solicitation, contact: Wendy Byrne, byrnewm@cityofgainesville.org

Bidder is not in arrears to City upon any debt, fee, tax or contract: Bidder is NOT in arrears Bidder IS in arrears Bidder is not a defaulter, as surety or otherwise, upon any obligation to City: Bidder is NOT in default Bidder IS in default

Bidders who receive this bid from sources other than City of Gainesville Procurement Division or OpenGov.com MUST contact the Procurement Division prior to the due date to ensure any addenda are received in order to submit a responsible and responsive offer.

Uploading an incomplete document may deem the offer non-responsive, causing rejection.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer: Addenda received (list all) #______________________________________

Legal Name of Bidder: ________________________________________________________________________

DBA: _______________________________________________________________________________________

Authorized Representative Name/Title: ____________________________________________________________

E-mail Address: _______________________________________ FEIN: ______________________________

Street Address: _______________________________________________________________________________

Mailing Address (if different): ___________________________________________________________________

Telephone: (______) _______________________ Fax: (______) _______________________

By signing this form, I acknowledge I have read and understand, and my business complies with all General Conditions and requirements set forth herein; and, Proposal is in full compliance with the Specifications.

Proposal is in full compliance with the Specifications except as specifically stated and attached hereto.

SIGNATURE OF AUTHORIZED REPRESENTATIVE: ____________________________________________________

SIGNER’S PRINTED NAME: ____________________________________________ DATE: _______________________

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PART 1 – REQUEST FOR PROPOSAL INFORMATION

Thank you for your interest in working with the City of Gainesville.

Pertinent information and required documents regarding this bid as part of a responsive offer are listed below:

BID COVER

PART 1 – REQUEST FOR PROPOSAL INFORMATION

PART 2 – PROJECT OVERVIEW

PART 3 – PRICE PROPOSAL

PART 4 – HOW TO SUBMIT A PROPOSAL

PART 5 – EVALUATION PROCESS

PART 6 – SELECTION PROCESS

PART 7 – AWARD

PART 8 – GENERAL INFORMATION

PART 9 – SAMPLE CONTRACT

PART 10 – EXHIBITS

PART 11 – NO BID SURVEY

NOTE: The terms “bidder” and “proposer” are used interchangeably throughout this document.

1.1 DISTRIBUTION OF INFORMATION

The City posts and distributes information pertaining to its procurement solicitations on OpenGov (www.OpenGov.com). The City has transitioned from accepting hard (paper) copy submittals to accepting submittals through “E-Bidding” on OpenGov.com. In order to submit a bid response to this solicitation the bidder must be registered with OpenGov.

It is the responsibility of the vendor to monitor OpenGov. Properly registered vendors can expect to receive automatic notification of solicitations for bids and proposals, by participating purchasing entities. Bidder’s failure to retrieve available, required procurement information from OpenGov and include the appropriate documentation and information in solicitation responses may result in disqualification.

1.2 PRE-PROPOSAL MEETING/QUESTIONS/CLARIFICATIONS AND BID OPENING

If scheduled (refer to Bid Cover Page), attending a pre-proposal meeting is strongly recommended as the project’s scope of work, procedures, and specifications will be discussed at this time. It is the only time during the bid process that bidders may ask questions directly of the end user.

NOTE: For a bidder’s attendance of a mandatory pre-proposal meeting to count, the bidder must sign-in before the Procurement Specialist calls the end of that meeting. If the bidder is not signed in by that time, they will be disqualified from bidding on the project. If the mandatory pre-proposal meeting also includes a required site visit, then bidder must sign in, both at the pre-proposal meeting, and again at the end of the site visit, in order to have their attendance count and not be disqualified from submitting a proposal.

NOTE: Failure to attend a mandatory pre-proposal meeting will result in disqualification of your proposal.

If special accommodations are needed in order to attend a pre-proposal meeting or a bid opening, please contact the Procurement Division at least 72 hours in advance.

http://www.demandstar.com/

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All questions that occur outside of the pre-proposal meeting must be submitted to Procurement only, and must be received by the date indicated on the Bid Cover Page to be considered. Technical and/or specification questions will not be answered over the phone; they must be submitted by email directed to the Procurement Specialist conducting the solicitation (refer to Bid Cover Page). All questions will be answered via Addendum which will be posted on OpenGov.com for vendor access. All addenda must be acknowledged by the bidder on the Bid Cover Page.

***IMPORTANT NOTICE REGARDING BID OPENING***

For all bid openings occurring after July 31, 2022, except construction, online viewings will no longer be held. Either the OpenGov Tabulation and/or the City’s Bid Record document, listing bidder names, will continue to be posted for interested parties.

All meetings and submittal deadlines are Eastern Time (ET).

1.3 RFP TIME TABLE

The anticipated schedule for the RFP and contract approval is as follows:

RFP available for distribution 8/20/25

Pre-Proposal Meeting N/A

Deadline for receipt of questions 9/10/25

Deadline for uploading of proposals 9/17/25 (3:00 p.m. local time)

Evaluation/Selection process Week of 9/29/25

Oral presentations, if conducted Week of 10/6/25

Projected award date 10/20/25

Projected contract start date 12/1/25

All dates are subject to change. Bidders will be notified via Addendum posted in OpenGov.com in event of any schedule change.

1.4 PROHIBITION OF LOBBYING

To ensure fair consideration, consistent and accurate dissemination of information for all bidders, the City prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the City prohibits communication initiated by a bidder to any city official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between bidder and the City required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the bidder and the City outside these parameters may be grounds for disqualifying the offending bidder from consideration for award of the proposal and/or any future proposal.

1.5 CONE OF SILENCE

During the Cone of Silence (formerly called Blackout period) as defined in the next paragraph, except as pursuant to an authorized appeal, no person may lobby (as defined in section 1.4) on behalf of a competing party in a particular procurement process, City officials or employees except the Procurement designated staff contact in the Procurement division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the RFP, which allows for immediate submittals to the City of Gainesville Procurement Division for the Request for Proposal and the time the City Officials and Employee awards the contract.

https://www.demandstar.com/

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1.6 DETERMINATION OF RESPONSIBILITY OF BIDDERS

The specific qualifications of bidders for this specific Request for Proposal are included in Part 3, 3.1, d) Qualifications. Bidder must also demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, as may be amended.

As a part of the proposal evaluation process, City reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a proposal constitutes acknowledgment of the process and consent to such investigation.

No contract will be awarded to any proposer who is in arrears to City upon any debt, fee, tax or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is otherwise determined to be not responsible by City pursuant to Section C.2.ii, Pro-01 Procurement Administrative Guidelinesl, following:

These criteria consider the bidder’s capability to perform:

a) The ability of the bidder to successfully carry out a proposed contract.

b) Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.

c) Current litigation pending between the bidder and the City.

d) Bidder has paid all debts owed to the City.

e) Bidder possesses all required licenses.

If it is determined that the bidder is not responsible, City will notify bidder of its finding, including evidence used, and allow bidder the opportunity to come into compliance within three (3) business days of notification.

Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (if required by law).

1.7 RESPONSIVENESS OF PROPOSAL

Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP.

A responsive proposal is one which follows the requirements of the RFP, includes all required documentation, is submitted in the format outlined in the RFP, is of timely submission (via upload to OpenGov.com), and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (see C.2.i. of the Pro-01 Procurement Administrative Guidelines).

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https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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PART 2 – PROJECT OVERVIEW

2.1 GENERAL DESCRIPTION

It is the intent of the City of Gainesville to obtain proposals for financial advisor services from qualified providers.

2.2 PROJECT SPECIFICATIONS

It is the intent of the City of Gainesville to obtain proposals for financial advisory services from qualified providers. Financial advisory services are required related to proposed bond issues or other debt instruments, as well as continuing consulting services in regard to the City debt structure and any other issues that may arise. The City is desirous of contracting with a firm that will be proactive, bring new ideas for consideration, and take the initiative in sharing their expertise on projects that will further the City's financial interests.

The scope of financial advisory services encompasses two areas:

A. Services related to proposed bond issues, including, but not limited to, the following:

1. Assistance with the:

a. Structuring and timing of City tax exempt and taxable debt for competitively bid issues, including, but not limited to, official statement preparation, call for bids, mailings and other market circulation, and if applicable, credit enhancements.

b. Award and closing of such competitively bid issues.

2. When determined that a tax exempt or taxable issue cannot be structured for competitive bid, provide assistance for:

a. The process of determining the methodology required for structuring a negotiated issue, including solicitation assistance for the retention of underwriters, trustees, paying agents, bond insurers, and other financial intermediaries as necessary.

b. Recommendations for awarding a RFP negotiated issue, if applicable.

c. Monitor and advise before purchase contract acceptance as initially awarded including, but not limited to, proposed interest rates and yields, credit enhancements, remarketing, and underwriter spread for management, takedown, and all other expenses of the sale.

3. Assist with presentations to the various rating agencies in order to secure the best possible rating on the bond issue, and where applicable, submission of information to bond insurance companies and evaluation of the feasibility of insuring the bond issue.

4. Provide consultation and structuring regarding the investment of bond proceeds to maximize investment earnings allowable under current arbitrage regulations.

5. Appear as an expert witness at the validation hearing for bond issues, if applicable.

B. Advisory Services relating to the City's ongoing debt management, including the following:

1. Periodically provide current market rates and yields for rated tax free and taxable issues, with applicable takedown spreads for primary markets.

2. Provide assistance in monitoring and reporting arbitrage rebate to the U.S. Treasury Department.

3. Review existing debt structure and financial resources to determine available borrowing capacity and the desirability of refinancing any or all of the existing debt; and furnish advice on bond financing and refinancing, including, but not limited to market risks, evaluations, private placement, financing pools, tenders, swaps, supply and repurchase contracts, variable and fixed rate scenarios, credit enhancements, paying agent and trust arrangements, and any such other creative and innovative financing devices that may arise from time to time.

4. Discuss with the City changes in Federal and State Legislation in regard to bond financing.

5. Provide information, attend public meetings, and make presentations as required by the City.

6. Assist with the preparation of cash flow forecasts for proposed issues addressing debt service requirements and sources of funding.

7. Advise on proposed and actual changes in tax laws and changes in financial markets that could affect the City's bond financing plans.

8. Perform other related financial consulting services as may be requested from time to time.

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PART 3 – PRICE PROPOSAL

3.1 PRICING REQUIREMENTS

1.) Graduated fee rate schedule and related bond amounts, included under II. Scope of Services, Paragraph A, for the following:

a) Graduated fee rate schedule and related bond amounts for the following types:

1) Traditional bond issue on a competitively bid basis

2) Traditional bond issue on a negotiated sale

3) Refunding bond issue on a negotiated sale

4) Fixing the rate on any current variable rate bond issues outstanding

2.) Annual retainer for attendance at Commission meetings for advisory services including Services provided under II. Scope of Services, Paragraph A, which does not culminate with the issuing of bonds, payable in July and January. In any year that bonds are issued, the annual retainer is offset against the bond issue fee.

3.) Hourly rates for provision of services described under Part 2, 2.2, Paragraph B.

4.) Additional expenses for:

a) Travel

b) Hourly computer charges.

c) Other charges and the basis for these charges.

5.) Provide copies of your firm's financial advisory form agreements for the above.

Note: THE CITY RESERVES THE RIGHT TO ADD OR DELETE LOCATIONS, SERVICES, ITEMS, OR

MATERIALS FROM THIS CONTRACT SHOULD IT BE IN THE BEST INTEREST OF THE CITY. THE

CONTRACT PRICE MAY BE ADJUSTED UPON AGREEMENT OF THE CONTRACTOR AND THE CITY’S

REPRESENTATIVE AND BASED UPON BID PRICES.

NOTE: If travel is involved in the execution of an awarded contract for this solicitation, should any air travel be required the City’s travel policy allows for Coach air travel only. All other travel will be billed in accordance with the Federal General Services Administration rates which can be found at: https://www.gsa.gov/travel/plan-book/per-diem-rates. In addition, long distance phone calls, printing, and other administrative costs may be billed at cost only -no mark-up. Evidence of these expenditures will be submitted when invoicing the City. Travel and administrative costs should be identified in the Price Proposal.

https://www.gsa.gov/travel/plan-book/per-diem-rates

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PART 4 – HOW TO SUBMIT A PROPOSAL

Instructions to bidders: Proposals must contain each of the documents listed below; each fully completed and signed, as required. Required signatures for proposal forms may be applied using electronic signature software (i.e., DocuSign, Adobe Sign, etc.). Proposals submitted which do not include the following items may be deemed non-responsive and may not be considered for contract award. The City reserves the right to request all other missing forms and additional information from any bidder prior to award.

4.1 FORMAT OF PROPOSAL

a) Table of Contents The table of contents should outline in sequential order the major areas of the proposal, and all pages of the proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the table of contents.

b) Technical Proposals The technical proposal is a narrative which addresses the scope of work, the proposed approach to the work, the schedule of the work, and any other information called for by the RFP which the bidder deems relevant.

c) Price Proposal

The price proposal is a presentation of the bidder’s total offering price including the estimated cost for providing each component of the required goods or services.

Bidders should indicate the dollar amount which will be attributed to each sub-contractor, if any.

If a prescribed format for the price proposal is appended, bidders must use it; otherwise, bidders may use formats of their choice.

d) Qualifications

The response to the minimum qualification requirements should address each of the qualifications set out in the section below. Bidders must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Bidders who do not meet the minimum qualification requirements or who fail to provide supporting documentation will not be further considered. If a prescribed format, or required documentation for the response to minimum qualification requirements is stated below, bidders must use said format and supply said documentation.

• Proposers must be currently registered with both the Security and Exchange Commission (SEC) and Municipal Securities Rulemaking Board (MSRB) as a Municipal Advisor.

• Proposed contractors should have served as a Financial Advisor to jurisdictions comparable to the City of Gainesville, FL in size and complexity of their debt program (issues and related financings).

4.2 CONTENT OF PROPOSAL

Required Documents:

The following documents are required to be included in the bidder’s submission:

a. RFP Cover Page

b. Address each Minimum Qualification

c. Provide a Statement of all Qualifications that will communicate the capabilities of the proposer to successfully complete the project

d. Pricing Proposal

e. Drug-Free Workplace Form

f. Bidder Verification Form

g. E-Verify Verification Form

h. Prohibitions Regarding Foreign Countries of Concern

i. References Form

j. Bidder’s W-9

k. Copy of any applicable, current licenses and/or certification required by City/County/State

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l. Exceptions to the RFP (refer to Part 4, 4.5 Exception to the RFP)

4.3 PROPOSAL SUBMISSION INSTRUCTIONS

The bid response, containing all required documents, with authorized signatures, must be received by 3:00 p.m. on the due date indicated on the Bid Cover Page for this project. The bidder’s complete pdf response must be uploaded into OpenGov.com prior to the 3:00 p.m. deadline. This platform will not accept late submittals.

Upload bid response as a pdf formatted document only, unless the solicitation states otherwise. The pdf document should be titled with bidder’s name, bid number, and, if the response is submitted in parts, include “Part # of x”.

On occasion, the City will request proposals present pricing separately from the main proposal. If separate pricing is requested, upload a separate document that indicates Pricing as its content.

Modifications to or withdrawal of a bidder’s submittal can be made up to the deadline date. Modifications and withdrawals must be documented in OpenGov.com in order to be recognized by the City. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the City adequate time to award the Contract for the services specified in this solicitation.

Both the response and the price proposal, if required to be submitted as a separate document, must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative who is not an officer may sign the proposal, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.

The submittal of a response by a bidder will be considered by the City as constituting an offer by the bidder to perform the required services at the stated fees.

4.4 DISCLOSURE AND CONFIDENTIALITY

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

(i) Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that bidder claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, bidder shall:

a. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted as outlined in 1 and 2 on the following page.

Bidder shall take care to redact only the confidential and exempt information within a record.

b. Provide an affidavit or similar type of evidence that describes and supports the basis for Contractor’s claim that the information is confidential and exempt from public disclosure.

(ii) Request for Trade Secret or Otherwise Confidential and Exempt Information.

a. In the event City receives a public records request for a record with information labeled by bidder as Trade Secret or otherwise as confidential and exempt, City will provide the public record requester with the redacted copy of the record and will notify bidder of the public records request.

b. However and notwithstanding the above, in the event that City in its sole discretion finds no basis for bidder’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify bidder in writing of such conclusion and provide bidder a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public Records Law. If bidder fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.

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c. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by bidder as Trade Secret or otherwise as confidential and exempt, CITY shall notify bidder and bidder shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

d. Bidder hereby indemnifies and holds CITY, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with bidder’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

How to Designate Trade Secret or Otherwise Confidential and Exempt Information If a bidder believes that its response contains trade secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the bidder must provide a redacted copy of the proposal for public access.

• Redacted means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.

• Unredacted means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.

1. Upload a pdf version response of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after the award. The first page of the document for the unredacted document should provide a general description of the information bidder has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.

2. Upload a pdf version response of the REDACTED copy of the proposal. Include “REDACTED” in the document title.

This copy will be used to support any public records requests that may arise from this solicitation.

How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information The City’s evaluators will be provided with the complete unredacted proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.

In the event a public record request is made to view the information which bidder claims is confidential and/or exempt, the City will notify the bidder and give the bidder a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.

All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a bidder at the conclusion of the bidding process.

4.5 EXCEPTION TO THE RFP

Bidders may take exceptions to any of the terms of this RFP unless the RFP specifically states where exceptions may not be taken. Should a bidder take exception where none is permitted, the proposal will be rejected as non-responsive. All exceptions taken must be specific, and the bidder must indicate clearly what alternative is being offered to allow the City a meaningful opportunity to evaluate and rank proposals.

Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions and the proposals will be evaluated based on the proposals as submitted. The City, after completing evaluations, may accept or reject the exceptions.

Where exceptions are rejected, the City may request that the bidder furnish the services or goods described herein, or negotiate an acceptable alternative.

4.6 ONLY ONE BID

Only one bid from any individual, firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any bidder has a financial interest in more than one submission under this bid, all bids in which such bidder has a financial interest will be rejected. A subcontractor is permitted to appear in more than one submittal for the same bid, as long as the subcontractor is not a lead bidder in any of the submittals. The City considers a financial interest to include, but not be limited, to joint ventures and partnerships.

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4.7 FULLY INFORMED BIDDER

A bidder is expected to fully inform itself as to the requirements of the Specifications and Contract terms and conditions; failure to do so will be at its own risk. A bidder shall not expect to secure relief on the plea of error.

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PART 5 – EVALUATION PROCESS

5.1 EVALUATION CRITERIA

a) Selection and Evaluation Criteria Proposals will be evaluated in accordance with the procedures described in the City's, Professional Services Evaluation Handbook.

The proposals will be evaluated using the following process: Qualifications Evaluation, Written Proposal Evaluation and/or Presentation/Interview Evaluation, and Other Factors as deemed appropriate. The City shall consider the ability of the firm’s professional personnel, willingness to meet time and budget requirements, workload, location, past performance, volume of previous work with the City, and location. The Evaluation process provides a structured means for consideration of all these areas.

b) Technical Qualifications Evaluation The Technical Qualifications Evaluation will assess each responding firm's ability based on experience and qualifications of key team members, the firm's capability of meeting time and budget requirements, and the firm's record with regard to this type of work, particularly in the City of Gainesville or in the State of Florida. This stage does not involve review and evaluation of a proposal addressing the project scope of work. Consideration will be given to the firm's current workload, financial stability, and the location where the majority of the technical work will be produced. The City will not be impressed with excessive amounts of boilerplate, excessive numbers of resumes, excessive length of resumes, excessive numbers of photographs, work that distant offices have performed, or work not involving personnel to be assigned to the proposed project.

c) Written Proposal Evaluation The Written Proposal Evaluation will assess the firm's understanding of the project and the proposed approach to be undertaken as addressed in a written proposal. The evaluation process will assess how effectively the requirements of the scope of services have been addressed. The written proposal should identify a project manager and other key members of the project/service team. It should relate the capabilities of the project/service team to the requirements of the scope of services.

d) Presentation/Interview Evaluation The Proposal Presentation/Interview Evaluation is based on an oral presentation that addresses both the technical qualifications of the firm and the approach to the project. Importance is given to the firm’s understanding of the project scope of work, the placement of emphasis on various work tasks, and the response to questions. The evaluation process will assess the project manager's capability and understanding of the project and his/her ability to communicate ideas. The role of key members of the project/service team should be established based on the scope of services and the firm's approach to the project/service. The role of any subcontracted firm in the proposal should be clearly identified. Unique experience and exceptional qualifications may be considered with emphasis on understanding of the project/service, particularly “why it is to be done” as well as “what is to be done”. The City of Gainesville will not be impressed with excessive boilerplate, excessive participation by “business development” personnel, and the use of “professional” presenters who will not be involved in the project or future presentations.

e) Other factors The Other Factors to be considered, based upon the specific project (but not limited to), are those items, such as Small or Service-Disabled Veteran Business and/or Local Preference. Fee proposals, when requested and deemed appropriate, are also to be considered in the evaluation process, where the request for such fees is in accordance with the City’s Procurement Policies and Procedures.

https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/professional-services-evaluation-handbook-2016-01-21.pdf https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/professional-services-evaluation-handbook-2016-01-21.pdf

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PART 6 – SELECTION PROCESS

The bidder(s) will be selected from the qualified, responsive and responsible bidders submitting responses to this Request for Proposal. The selection process will be as follows:

1. Evaluators consisting of City staff will review the proposals. The evaluation process provides a structured means for consideration of all proposals.

2. Upon review and evaluation, the City may request oral presentations from the top ranked bidders. During the oral presentations, the bidders shall further detail their qualifications, approach to the project and ability to furnish the required services. These presentations shall be made at no cost to the City. Bidders selected for further presentations should provide one (1) electronic copy of materials presented in PDF format on a USB Flash drive.

3. The final ranking of bidders will be in accordance with the procedures described in the City’s Professional Services

Evaluation Handbook.

4. If required, the final ranking of bidders will be presented to the City Commission. The City Commission will be requested to approve the recommended ranking and authorize negotiation and execution of the contract beginning with the top ranked bidder.

5. Provided that the City Commission approves the ranking and an award, the City will negotiate a contract with the top ranked bidder. Should the City be unable to negotiate a satisfactory contract with the top ranked bidder, negotiations will be terminated with that bidder and negotiations will be initiated with the second most qualified bidder, and so on until a satisfactory contract is negotiated.

https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/professional-services-evaluation-handbook-2016-01-21.pdf https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/professional-services-evaluation-handbook-2016-01-21.pdf

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PART 7 – AWARD

7.1 TIE BIDS

Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; (2) Bidders located within the City of Gainesville, if not subject to the Local Preference Ordinance; (3) Bidders located within Alachua County; (4) Bidders located within the State of Florida; and (5) coin toss.

7.2 DRUG-FREE WORKPLACE

Preference shall be given to submitters providing a certification with their qualifications certifying they have a drug-free workplace whenever two or more bids which are equal with respect to price, quality, and service are received in accordance with Section 287.087, Florida Statutes. The attached form should be filled out and returned with the qualifications in order to qualify for this preference.

7.3 CONTRACT TERMS AND CONDITIONS

The City may award a contract on the basis of initial offers received, without discussions. A sample contract is attached to the bid. Therefore, each initial offer should contain the bidder’s best terms from a cost or price and technical standpoint and any changes to the sample contract.

The City reserves the right to enter into contract negotiations with the selected bidder regarding the terms and conditions of the contract and technical terms. Price will not be negotiated. If the City and the selected bidder cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected bidder. This process will continue until a contract has been executed or all bidders have been rejected. No bidder shall have any rights against the City arising from such negotiations.

7.4 CONTRACT AWARD

The award(s), if any, shall be made to the bidder(s) whose proposal(s) shall be deemed by the City to be in the best interest of the City. The decision of the City of whether to make the award(s) and which proposal is in the best interest of the City shall be final. Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (www.sunbiz.org) (if required by law).

7.5 CONTRACT

The Contract to be entered into will designate the successful bidder as the City’s Contractor. The terms and conditions in the Sample Contract, Part 9, shall be applicable and binding. The successful bidder will be required to execute an agreement with the City in substantially the same format as found in Part 9.

7.6 BID PROTEST

Participants in this solicitation may protest the RFP specifications or award in accordance with C.5.i. of the Pro-01 Procurement Administrative Guidelines.

7.7 RFP POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP;

postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in the proposals received as a result of this RFP.

http://www.sunbiz.org/ https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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PART 8 – GENERAL INFORMATION

8.1 REIMBURSABLES

If travel is involved in the execution of an awarded contract for this solicitation, should any air travel be required the City’s travel policy allows for Coach air travel only. All other travel will be billed in accordance with the Federal General Services Administration rates which can be found at: https://www.gsa.gov/travel/plan-book/per-diem-rates. In addition, long distance phone calls, printing, and other administrative costs may be billed at cost only -no mark-up. Evidence of these expenditures will be submitted when invoicing the City. Travel and administrative costs should be identified in the Price Proposal.

8.2 LOCAL PREFERENCE

In bidding of, or letting contracts for procurement of, supplies, materials, equipment and services, as described in the purchasing policies, the city commission, or other purchasing authority, may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business' total bid price, and in any event the cost differential should not exceed $25,000.00. Total bid price shall include not only the base bid price but also all alterations to that base bid price resulting from alternates which were both part of the bid and actually purchased and awarded by the City Commission or other authority. In the case of requests for proposals, letter of interest, best evaluated bids, qualifications or other solicitations and competitive negotiation and selection in which objective factors are used to evaluate the responses. Local Businesses are assigned five (5) percent of the total points of the total evaluation points.

Local business means the vendor has a valid business tax receipt, issued by the City of Gainesville at least six months prior to bid or proposal opening date, to do business in said locality that authorizes the business to provide the goods, services, or construction to be purchased, and a physical business address located within the limits of said locality, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In order to be eligible for local preference, in the Bid or RFP evaluation, the vendor must provide a copy of the business tax receipt and Zoning Compliance Permit. For more information on City’s Local Preference Policy: Municiple Code Article X Local Preference Policy.

8.3 SMALL AND SERVICE-DISABLED VETERAN BUSINESS PARTICIPATION

Small or Service-Disabled Veteran’s Business Enterprise Definition: A Small Business or a Service-Disabled Veteran’s Business, which is duly licensed and authorized to engage in business and maintains a permanent principal place of operation with full time personnel within Alachua, Bradford, Columbia, Gilchrist, Levy, Putnam, or Union County and possess a current City business tax receipt as required, and is so certified by the Small and Service-Disabled Veteran’s Business Program Coordinator.

It is the policy of the City of Gainesville that small and service-disabled veteran businesses as defined in the Small and Service- Disabled Veteran Business Program, have the maximum practical opportunity to participate in contracting opportunities provided by the City. In keeping with this policy, each bidder is asked to state whether it will utilize small and service-disabled veteran businesses that are eligible for assistance to perform work on the project(s) being advertised.

For bidders not yet certified by the City, a small and service-disabled veteran application may be accessed via the Diversity Business Management System website. To be considered as a certified small and/or service-disabled veteran business, a bidder must have a current certificate at the time of the solicitation submittal due date. For more information on certified small and service-disabled veteran businesses, please visit the Office of Equity and Inclusion website.

8.4 LIVING WAGE REQUIREMENTS

Living Wage requirements, Ordinance 020663, as amended in Ordinance 030168, and in Ordinance 180999, and as shown on the City’s web page, applies to contracts solicited by the City after midnight on March 31, 2021.

Section 2-619. – Living Wage Requirements.

(a) The following are requirements of each service contractor/subcontractor:

(1) A service contract or/subcontractor shall pay a living wage to each of its covered employees during the time they are providing the covered services.

(2) A copy of the living wage rate shall be posted by the service contractor/subcontractor in a prominent place where it can easily be seen by the covered employees and shall be supplied to any covered employee upon request.

(3) Each service contractor shall make all of its service subcontractors aware of the requirements of this division and shall include the contract provisions listed in the Sample Contract under the Living Wage paragraph in each of https://www.gsa.gov/travel/plan-book/per-diem-rates https://library.municode.com/fl/gainesville/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTXLOPRPO_S2-622LOPRPUCO https://cityofgainesville.diversitycompliance.com/ https://cityofgainesville.diversitycompliance.com/ https://www.gainesvillefl.gov/Government-Pages/Government/Office-of-Equity-and-Inclusion https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/living-wage-ordinance-original-and-modified-oct-2022.pdf

E-Bidding Document - RFP - Page 15 of 34 its service subcontracts to ensure compliance with this article. The city shall not be deemed a necessary or indispensable party in any litigation between the service contractor and a subcontractor.

(4) A service contractor/subcontractor shall not discharge, reduce the compensation of, or otherwise retaliate against any covered employee for filing a complaint, participating in any proceedings or otherwise asserting the requirement to pay a living wage under this division. A covered employee who claims their employer has not paid them a living wage as required by this division may file a written com plaint with the city.

(5) Each service contractor/subcontractor shall produce payroll records, and any other requested documentation to the city as necessary for the city to audit or investigate compliance with or a reported violation of this division.

The City’s current adjusted Living Wage Rates (Wage with Health Benefits OR Wage without Health Benefits) are available here. The living wage for this contract will increase annually on the anniversary date of the contract at the City’s prevailing living wage rate, which is updated October 1 each year.

8.5 TAXES, CHARGES AND FEES

The bidder agrees that any applicable Federal, State and Local sales and use taxes, which are to be paid by City of Gainesville, are included in the stated bid prices. Since the City of Gainesville is often exempt from taxes for equipment, materials and services, it is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes which are not included in the stated bid prices.

8.6 COSTS INCURRED BY BIDDERS

All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith shall be borne by the bidder(s). No payment will be made for any responses received, nor for any other effort required of or made by the bidder(s) prior to commencement of work as defined by a contract approved by the City Commission (if so required).

8.7 RULES; REGULATIONS; LICENSING REQUIREMENT

The bidder shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Bidders are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.

8.8 RECORDS/AUDIT

Contractor shall maintain records sufficient to document their completion of the scope of services established by this Contract.

These records shall be subject at all reasonable time to review, inspect, copy and audit by persons duly authorized by the City.

These records shall be kept for a minimum of three (3) years after completion of the Contract. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims.

8.9 DEBARMENT, SUSPENSION, OTHERWISE EXCLUDED

By submitting this proposal, bidder agrees that it:

• Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

• Has not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements or receiving stolen property;

• Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission or any of the offenses enumerated in paragraph (2) of this certification; and

• Has not within a three-year period preceding…