RFP Code Foreclsoure.pdf

Board of County Commissioners County Administrator

Sara Baxter, Mayor Joseph Abruzzo Marci Woodward, Vice Mayor Maria Marino Greg K. Weiss Joel G. Flores Maria Sachs Bobby Powell Jr.

REQUEST FOR PROPOSAL

RFP NO. CA2026-03

Palm Beach County Board of County Commissioners and

Palm Beach County Attorney’s Office are seeking

Proposals for:

Outside Legal Counsel for Foreclosure of Code Compliance Liens, Recovery of Code Compliance Money Judgments, Obtaining Injunctive Relief to Achieve Code Compliance, and

Instituting Proceedings to Obtain Code Compliance

Date issued/available for distribution: November 12, 2026

Proposer shall submit one (1) unbound original, and one (1) electronic copy in pdf (CD or flash drive) of the complete Proposal which must be received in the Palm Beach County Attorney’s Office no later than December 2, 2026, 5:00 p.m. local time. See Section 1.9 of the RFP for mailing instructions.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

C A U T I O N

In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If Proposer intends to use subcontractors, Proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService i

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 Issuing Office

1.2 Introduction

1.3 Qualifications

1.4 History and Background

1.5 Purpose of the Project

1.6 Period of Contract

1.7 Qualification of Proposer

1.8 Timetable

1.9 Proposal Submission

1.10 Contact Person

1.11 Additional Information / Amendment(s)

1.12 Cone of Silence …………………………………………………………………5

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 Proposal Guarantee

2.2 Modified Proposals

2.3 Withdrawal of Proposals

2.4 Late Proposals, Late Modified Proposals

2.5 RFP Postponement / Cancellation

2.6 Costs Incurred by Proposer

2.7 Proprietary / Confidential Information

2.8 Negotiations

2.9 Right to Protest

2.10 Local Preference/Location of Business……………………

2.11 Palm Beach County Office of the Inspector General Audit Requirements . 7

2.12 Rules; Regulations; Licensing Requirements

2.13 Criminal History Records Check

2.14 Review of Proposals

2.15 Waiver of Minor Irregularity……………………………………………………. 8

2.16 Exceptions to the RFP

2.17 Selection Process

2.18 Evaluation Criteria

2.19 Award of Contract

2.20 Standard Contract Provisions (Attachment 1)………………………………10

2.21 Commencement of Work…………………………………………………….. 11

2.22 Insurance Requirements……………………………………………………... 11

2.23 Drug Free Workplace Certification

2.24 Authorized Signature

2.25 Prohibition Against Considering Social, Political Or Ideological Interests In Government Contracting - F.S.287.05701 ………..…………..12 ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

2.26 Disclosure Of Foreign Gifts And Contracts With Foreign Countries Of Concern…………………………………………………………………………12

2.27 Disclosure of Ownership Interests…………………………………………….12

SECTION 3 PROPOSAL REQUIREMENTS

3.1 Proposer’s Qualifications And Relevant Experience

3.2 Team/Staff Quality and Overall Expertise

3.3 Location and Accessibility and Availability to County

3.4 Commercial Non-Discrimination…………………………………………… .. 16

3.5 Price Proposal Information

3.6 Business Information

3.7 Amendments to the RFP

3.8 Additional Appendices - Additional Information …………..………………..17

3.9 Nongovernmental Entity Human Trafficking Affidavit ……………………...17

3.10 Prohibition Against Using Diversity, Equity, and Inclusion Material – F.S. 287.139 ……………………………………………………….18

3.11 Litigation History ……………………………………………………………….18

3.12 Related Entities ………………………………………………………………...19

SECTION 4 SCOPE OF WORK/SERVICES

4.1 Scope of Work …………………………………………………………………….19

4.2 Compensation …………………………………………………………….……… 20

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - Sample Standard Contract

SECTION 6 APPENDICES

APPENDIX A - Price Proposal Page APPENDIX B - Business Information APPENDIX C- Disclosure of Ownership Interests APPENDIX D- Drug Free Workplace Certification

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach (hereinafter referred to as “County”) by and for the benefit of the Palm Beach County Attorney’s Office (hereinafter referred to as “CAO”). The CAO is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the CAO. See Section 1.10 Contact Person.

1.2 INTRODUCTION

The County is seeking Proposals for outside legal services to advise and represent the County on code compliance related matters, including but not limited to: obtaining injunctive relief for code violations; foreclosure of code liens; recovery of money judgments related to code liens for the amount of the liens plus accrued interest, if any.

1.3 QUALIFICATIONS

Palm Beach County is seeking the services of a law firm(s), whose attorneys demonstrate experience in foreclosure law and judgment enforcement; knowledge of administrative laws, land use law, and local government regulation and procedures; and are current members of the Florida Bar in good standing.

1.4 HISTORY AND BACKGROUND

The County enforces many of its codes pursuant to Chapter 162, Florida Statutes. While the County is successful in achieving compliance in most cases, in some cases compliance is not achieved and fines accrue, sometimes for long periods. When code violations are not corrected despite running fines, neighborhoods and communities suffer.

The County is seeking outside legal counsel to achieve code compliance through injunctive relief, foreclosure, actions for money judgments, and other available enforcement proceedings that will bring properties into compliance.

1.5 PURPOSE OF THE PROJECT

The County is seeking to retain legal counsel with strong qualifications and expertise to advise and represent the County in litigation to achieve code compliance. The selected outside counsel shall provide legal representation to the County in all aspects of litigation including any related appeals and counterclaims, from initiation to conclusion. The selected outside counsel is expected to handle all aspects of the litigation. The County Attorney’s Office will not perform any of the services designated in the Scope of Work unless expressly agreed in writing that a joint representation is appropriate.

1.6 PERIOD OF CONTRACT

The proposed effective date of this Contract is February 2, 2027. The selected Proposer(s) will provide services for a Three Year (3) period ending February 1, 2030.

Two (2) twelve (12) month renewal option(s) may be offered by the County, at the County’s sole discretion.

1.7 QUALIFICATION OF PROPOSER

Proposer shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

At least two (2) full-time attorneys of the law firm shall be designated to handle the County’s matters. The attorneys must practice primarily in litigation matters, including foreclosure, with each having at least five years of consecutive experience handling the prosecution, enforcement, and/or defense of foreclosures, including on behalf of local governments in Florida or the State of Florida, and maintain an office within 50 miles of the Palm Beach County, County Attorney’s Office at 301 North Olive Ave., West Palm Beach, FL 33401. Firms located beyond 50 miles from the County Attorney’s Office, may be considered if the Proposer provides additional evidence to support their position that the location will not have a negative impact on the firm’s ability to represent the County effectively and efficiently.

Each member of the law firm designated as an attorney that will handle matters for the County must possess demonstrated ability, trial experience, knowledge, and expertise to provide legal assistance. An attorney from the firm selected as Outside Counsel, and assigned to perform such services for the County, must be available to County staff on weekdays between 8:00 a.m. and 5:00 p.m. The selected firm must be available to meet with and advise County staff and the BCC on a periodic basis or upon the County’s request.

Preference will be given to law firms whose attorneys all have an A-V or better rating as listed in Martindale-Hubbell.

1.8 TIMETABLE

The anticipated schedule and deadline for the RFP and Contract approval are as follows:

Activity Date Time Location

RFP available for

11/12/2026

12:00 pm

Download available at:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltS elfService

Deadline for receipt of questions or comments

11/19/2026 5:00 pm Submitted to NVolpi@pbc.gov Email Subject Heading

“RFP CA2026-03

Questions/Comments”

Deadline for receipt of proposals

12/2/2026 5:00 p.m.

County Attorney’s Office 301 North Olive Ave., 6th Floor West Palm Beach, FL 33401 “Attention: Nancy Volpi” Re: RFP CA2026-03”

Selection Committee Meeting

12/10/2026 Governmental Center 301 N. Olive Avenue, 12th Floor, McEaddy Conference Room West Palm Beach, FL. 33401

Notice and posting of Selection Committee’s recommended proposers to BCC

12/11/2026 5:00 p.m.

Email to all proposers and posted to http://discover.pbcgov.org/ countyattorney/Pages/ default.aspx

Deadline for receipt of protests

12/21/2026 5:00 p.m.

Submitted to NVolpi@pbc.gov Email Subject Heading

“RFP CA2026-03

PROTEST”

BCC Meeting consideration and selection

2/2/2027 TBD Governmental Center 301 N. Olive Avenue, 6th Floor West Palm Beach, FL. 33401

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.9 PROPOSAL SUBMISSION

All Proposals must be sent on 8 ½” x 11” paper.

One (1) unbound original, and one (1) electronic copy in pdf (CD or flash drive) of the complete Proposal must be received in the County Attorney’s Office by December 2, 2026, 5:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The Proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP.

The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners County Attorney’s Office 301 North Olive Ave., 6th fl.

West Palm Beach, FL 33401 Attention: Nancy Volpi RFP No. CA2026-03

Title: Outside Counsel for Foreclosure of Code Compliance Liens and Recovery of Code Compliance Final Judgments, Obtaining Injunctive Relief to Achieve Code Compliance, and Instituting Proceedings to Obtain Code Compliance

Due Date: December 2, 2026, 5:00 p.m. Eastern Time

The County Attorney’s office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposer is responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Price Proposal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of Proposer (“Authorized Person”).

The submission of a Proposal by Proposer will be considered by the County as constituting a legal offer by Proposer to perform the required services at the proposed pricing identified therein.

1.10 CONTACT PERSON

The contact person for this RFP is Nancy Volpiat (561) 355-2501, e-mail address NVolpi@pbc.gov in the County Attorney’s Office.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.11 ADDITIONAL INFORMATION / AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFP Timetable (Section 1.8) or e-mail address listed for the Contact Person (Section 1.10) above. The request must contain the Proposer’s name, address, phone number, and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of Proposals. Proposer should not rely on any representations, statements, or explanations other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palmbeach.fl.us/webapp/vssp/AltSelfService.

It is the sole responsibility of the Proposer to routinely check for any Amendments that may be issued prior to the Deadline for receipt of Proposals. The County shall not be responsible for the completeness of any RFP package not provided by the County Attorney’s Office.

It is the Proposer’s sole responsibility to assure receipt of all Amendments. The Proposer should verify with the designated Contact Person (see Section 1.10) prior to submitting a Proposal that all Amendments have been received. Proposer are required to acknowledge the receipt of all Amendments as part of their Proposal.

1.12 CONE OF SILENCE

Proposer are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits Proposer or anyone representing the Proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract regarding its Proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the Proposal, and terminates at the time that the Board of County Commissioners, or a mailto:DOttey@pbc.gov https://pbcvssp.co.palmbeach.fl.us/webapp/vssp/AltSelfService

County Department authorized to act on their behalf, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation. See

id. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Id. at § 2-355(g).

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their Proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal until the Deadline for receipt of Proposals. The County will only consider the latest version of the Proposal.

2.3 WITHDRAWAL OF PROPOSALS

A Proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of Proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of Proposals.

Unless withdrawn, as provided in this subsection, a Proposal shall be irrevocable until the time that a contract is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to Proposals received after the Deadline for receipt of Proposals specified in RFP Timetable (Section 1.8) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; waive any minor irregularities in this RFP or in the Proposals received as a result of this RFP; postpone or cancel, at any time, this RFP process; or re-issue this

RFP.

2.6 COSTS INCURRED BY PROPOSER

All expenses incurred with the preparation and submission of Proposals to the County, or any work performed in connection therewith, shall be borne by the responding party. No payment will be made for Proposals received, nor for any other effort required of or made by Proposer, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this RFP is considered a public document in accordance with Section 119.07, F.S. This includes material which Proposer might consider to be confidential. All submitted information that Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section

119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial offers received, without discussions. Therefore, each Proposal should contain the Proposer’s best price and technical offer.

2.9 RIGHT TO PROTEST

Any Proposer may protest the ranking or scoring to the County Attorney, by submitting a written protest addressed to the Contact person listed in Section 1.10, by the deadline for receipt of protests set forth in Section 1.8. The protest shall identify the protestor, reference this RFP CA2026-03, and shall include a factual summary of the basis of the protest. Protests must be submitted in writing, addressed to the Contact person listed in Section 1.10, via email with the subject heading of the email titled as “RFP CA2026-03 PROTEST.” The County Attorney will have the authority and the sole discretion to uphold or deny the protest. The County Attorney will issue a written statement of the determination within a reasonable period of time. The written statement shall provide the general rationale for said determination and shall be provided to the protestor.

2.10 LOCAL PREFERENCE / LOCATION OF BUSINESS

Pursuant to Section 2-80.47 of the Palm Beach County Code, Local Preference is not applicable to this solicitation; however, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present, and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

Proposer shall comply with all laws, ordinances, regulations, and rules regulating the Florida Bar applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Proposers 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, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.13 CRIMINAL HISTORY RECORDS CHECK

Proposer, Proposer’s employees, subcontractors of Proposer and employees of subcontractors shall comply with Palm Beach County Code, sections 2-371 - 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), as may be amended, for unescorted access to critical facilities (“Critical Facilities”) or criminal justice information facilities (“CJI Facilities”) as identified in Resolutions R2013-1470 and R2015-0572, as may be amended. Proposer is solely responsible for the financial, schedule, and/or staffing implications of this Ordinance. Further, the Proposer acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the COUNTY.

This Contract may include sites and/or buildings which have been designated as either “critical facilities” or “criminal justice information facilities” pursuant to the Ordinance and above referenced Resolutions, as amended. COUNTY staff representing the County department will contact Proposer and provide specific instructions for meeting the requirements of this Ordinance. Individuals passing the background check will be issued a badge. Proposer shall make every effort to collect the badges of its employees and its subcontractors’ employees upon conclusion of the Contract and return them to the COUNTY. If Proposer or its subcontractor(s) terminates an employee who has been issued a badge, Proposer must notify the COUNTY within two (2) hours. At the time of termination, Proposer shall retrieve the badge and shall return it to the COUNTY in a timely manner.

The COUNTY reserves the right to suspend Proposer if Proposer: 1) does not comply with the requirements of County Code sections 2-371 - 2-377, as may be amended; 2) does not contact the COUNTY regarding a terminated Proposer employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy.

2.14 REVIEW OF PROPOSALS

Each Proposal will be reviewed to determine if the Proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the County. A responsive Proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the Proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a Proposal without evaluation, such substandard submissions may adversely impact the evaluation of your Proposal, especially information relating to establishing financial/business stability.

Proposer who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.15 WAIVER OF MINOR IRREGULARITY

Notwithstanding the submittal requirements provided herein, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of Proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of Proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

2.16 EXCEPTIONS TO THE RFP

All exceptions taken must be specific, and Proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the Proposal.

Proposer are cautioned that submitting an alternative Proposal does not relieve Proposer from submitting the “Minimum Requirements” as stated in Section 3. The County is under NO obligation to accept any proposed exceptions or alternatives. Proposer must be willing to execute the proposed contract in its current form. Exceptions that change any material term of the Contract, will render the proposal non-responsive, unless the County Attorney approves a change in writing prior to the Selection Committee scoring. In such a case, the change shall be applicable to all responsive proposers.

2.17 SELECTION PROCESS

All proposals timely received will be reviewed first by the County Attorney’s Office to determine if each proposer has submitted the required information and met all Proposal Requirements (as stated in Section 3). Those proposals fulfilling the Proposal Requirements shall be referred to the Selection Committee for review and further consideration.

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, Proposers are urged to ensure that their Proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.18. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside Proposers, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed in Section 2.18.

Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare the proposer ranked the highest as its “finalist” and make its recommendation for award of the contract.

The Selection Committee’s recommendation of the “finalist” will be emailed to all proposers and will be posted at the County Attorney’s Office website at http://discover.pbcgov.org/countyattorney/Pages/default.aspx until the deadline for receipt of protests set forth in Section 1.8.

2.18 EVALUATION CRITERIA

1. Proposers’ Qualifications And Relevant Experience/ Weight 35% (35pts) References (See Section 3.1)

2. Team/Staff Quality and Overall Expertise Weight 25% (25pts) (See Section 3.2)

3. Fee Proposal Weight 25% (25 pts) (see Section 3.4)

4. Location/Accessibility/availability to County Weight 15% (25pts) (See Section 3.3)

2.19 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible Proposer whose Proposal is considered to be the most advantageous to the County based on the County’s opinion after review of every such Proposal including, but not limited to, price.

The recommended Proposer shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended Proposer. A contract must be completed and executed by the recommended Proposer and the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County the County may elect to cancel the recommended award and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety.

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected Proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a Proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made in writing and submitted no later than the date specified in the RFP Timetable (see Section 1.8).

By submitting a proposal, Proposer is representing that Proposer has read, understood, and is willing to be bound by all the terms of the attached Sample Standard Contract provisions (general and specific).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected Proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous Proposal or issue a new solicitation or cancel the procurement process in its entirety.

The County does, however, retain the right to modify the Sample Standard Contract during the selection process and to remove from consideration any Proposer that is unwilling to agree to the suggested modifications.

Proposer will sign the Sample Standard Contract, as attached and/or as subsequently modified, prior to being presented to the BCC for consideration and selection. Proposer shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind Proposer.

2.21 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence on the start date set forth in the contract duly approved by both parties. The County will not be responsible for any work done by the Proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

The performance of work will be on an as-needed basis. There is no guaranteed minimal amount of work to be performed on behalf of the County.

2.22 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful Proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 9, to Palm Beach County through the Contact Person set forth in Section 1.10, unless otherwise notified by County.

The successful Proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 9). Failure to maintain the required insurance will be considered default of the Contract. The requirements contained herein, as well as County’s review or acceptance of insurance maintained by the successful Proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful Proposer under the Contract.

In addition, Proposer shall indemnify, hold harmless, protect, reimburse and defend the County, its agents, elected officials, and employees from and against any and all claims, liability, losses, expenses, costs, damages, and/or causes of action of every kind or character, including attorney’s fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of its performance of the terms of this Contract or due to the acts or omissions of the successful Proposer, including any agent, member, partner, associate, or employee thereof.

2.23 DRUG FREE WORKPLACE CERTIFICATION

Proposer should submit with their Proposal an executed Drug Free Workplace Certification (Appendix E) indicating that the Outside Counsel has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.24 AUTHORIZED SIGNATURE

The authorized representative signature required on all Proposals and the Contract must be made by an officer of the company (if applicable).

2.25 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING - F.S.

287.05701

Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible Proposer. Proposers are further notified that the County's governing body may not give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

2.26 DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN

COUNTRIES OF CONCERN

Pursuant to F.S. 286.101, as may be amended, by entering into a Contract or performing any work in furtherance hereof, the Proposer certifies that it has disclosed any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern where such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.

2.27 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the BCC, the Disclosure of Ownership Interest affidavit (DOIA, Appendix C) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable. Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the County Attorney’s Office, after posting the Recommended Proposers, each Recommended Proposer shall submit a completed DOIA (Appendix C) within a reasonable time. If a Recommended Proposer fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the recommendation to the BCC for consideration and selection to that Recommended Proposer.

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT

Format

Proposer shall submit one (1) unbound original, and one (1) electronic copy in pdf (CD or flash drive) of the complete Proposal. Proposals should be typed, double-spaced and submitted on 8 ½” x 11” size paper. Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Proposals should contain a Table of Contents. The Table of Contents outlines in sequential order all of the areas of the Proposal and it allows for clarity and ease of review of the Proposal.

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to the Contact Person listed in Section 1.10, and should, at a minimum, contain the following:

a. Identification of Proposer, including name, address and telephone number.

b. Proposed working relationship between Proposer and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of Proposal evaluation.

d. Signed by a person authorized to bind Proposer to the terms of the Proposal.

Technical Proposal

Proposals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of Proposer to provide the required information is considered sufficient cause to deem the Proposal non-responsive.

The items(s) marked by an asterisk (*) should be a part of the Proposal; however, if these items are omitted, Proposer must submit the item(s) upon request from the County within a timeframe specified by the County (normally within two working days of request) or the Proposal shall be deemed non-responsive. All other items must be submitted with the Proposal or it shall be deemed non-responsive.

Each of the following requirements should be addressed in separate sections of the Proposal.

3.1 PROPOSERS’ QUALIFICATIONS AND RELEVANT EXPERIENCE

3.1.1 – Provide an overview of your firm’s history, capability, and business ability relative to the scope of work provided.

3.1.2 - Describe your firm’s qualifications in providing similar work and provide information on your firm’s organizational structure. Include special expertise your firm has dealing with similar projects and engagements.

3.1.3 - Provide your firm’s experience working with local governments pertaining to the scope of work. Include references which should include the name of client company, contact names, addresses, e-mail address, telephone/fax numbers, dollar amount of contracts and dates of service; scope of work, types of services performed, and number of full-time staff provided.

3.1.4 - Demonstrate proven experience in accomplishing or completing the following or similar work;

a) Providing legal representation for injunctive relief for code compliance related matters.

b) Providing legal representation pertaining to foreclosure of liens and recovery of money judgments.

3.1.5 – Proposer may submit other information and experience that demonstrates Proposer’s expertise relative to the Scope of Work.

3.2 TEAM/STAFF QUALITY AND OVERALL EXPERTISE

3.2.1 – Provide the full name, state of the bar license and license number, a copy of any board certification currently held, and resume/profile of the attorney who will assume primary responsibility for Proposer’s obligations under the Contract, and all attorneys who will provide services under the Contract. All attorneys who provide services under the Contract must be a member in good standing of the Florida bar, and must personally demonstrate ability, knowledge, and expertise relative to the Scope of Work. This section should detail the experience, education, expertise, qualifications, and knowledge of each attorney relative to the Scope of Work, including the length of time that each attorney has practiced law and specialized in the services and matters listed in the Scope of Work, number of non-jury trials and jury trials (first-chair), and identify board certifications

3.2.2 – A description of the role of each attorney and other key personnel who will be responsible for providing the services under the Scope of Work or otherwise handling and monitoring the Contract.

3.2.3 – Identify any attorney(s) Proposer who has had any disciplinary action, malpractice claim, grievance, criminal action, or like proceeding filed against him or her where a determination in favor of a complainant or a finding of probable cause was entered. Please describe the nature of the complaint(s) and the ultimate resolution.

3.2.4 - The full legal name and organizational structure of the firm.

3.2.5 – An affirmative statement to the effect that, to your knowledge, the retention of your firm would not result in a conflict of interest with any party in potential litigation related to the Scope of Work. Alternatively, should any potential conflict exist, specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. List all governmental entities in Florida that you have a current contractual relationship with and briefly describe the nature of the relationship.

3.2.6- Provide a description of the nature and magnitude of any litigation or proceeding whereby, during the past five years, a court or any administrative agency has ruled against your firm in any matter related to the processional activities of the firm. Similar information shall be provided for current or pending litigation.

3.2.7 - Submit samples of engagements where the firm has been successful providing services as listed in the Scope of Work.

3.3 LOCATION AND ACCESSIBILITY AND AVAILABILITY TO COUNTY

3.3.1 Proposer shall specify the location(s), including the complete physical address, where the work for this project will be performed, including work performed by subcontractors, if applicable. Points for location shall be determined based upon the requirements of the project.

3.3.2 Proposer shall thoroughly explain its accessibility and availability for meetings, general communications, coordination, and supervision. Proposer shall describe its local availability and degree of accessibility to the County. Describe the logistics of the Proposer’s accessibility to the County in terms of the geographic location of individuals with primary responsibility for the client relationship with the County, and the travel time and restrictions, if any, to be on site at the County.

3.4 COMMERCIAL NON-DISCRIMINATION

As a condition of submitting a Proposal to the County, Proposer represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution R2025-0748, as amended. As part of such compliance, Proposer shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Proposer retaliate against any person for reporting instances of such discrimination.

Proposer shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of discrimination. Proposer understands and agrees that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification or debarment of the company from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. Proposer shall include this language in its subcontracts.

At the time of Proposal submission, the Proposer shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that Proposer discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

Indicate your agreement to the foregoing by signing the Price Proposal Page(s).

In accordance with Palm Beach County Code Section 2-80.24, this certification and agreement must be completed and submitted with the Proposal for all solicitations.

3.5 PRICE PROPOSAL INFORMATION

Proposer shall submit the attached Price Proposal Page(s) (Appendix A) filled out and signed. The County shall pay the selected firm for hourly services provided in an amount not to exceed $300,000 per year. The performance of work under this Contract will be on an as-needed basis. There is no guaranteed minimal amount of work to be performed on behalf of the County.

Offers will receive up to the maximum points listed in 2.18 above, based upon the reasonableness of the total price and competitiveness of this amount with other offers received.

In order for the County to make payment, the Vendor’s Legal Name, Vendor’s Address and Vendor’s TIN/FEIN Number on Proposer’s Proposal and Contract must be exactly the same as it appears on the invoice and in the County’s Vendor Self Service (VSS) system. Contractor shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the County’s representative set forth in the Contract. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O.BOX 4036

WEST PALM BEACH, FL 33402-4036

Note: Palm Beach County Vendors can now be paid by Credit Card via the County’s voluntary Payment Manager Program. For vendors who do not have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com.

3.6 BUSINESS INFORMATION

Each Proposer shall complete and submit the attached Business Information Page (Appendix B).

3.7 AMENDMENTS TO THE RFP

It is Proposer’s responsibility to assure receipt of all amendments. Proposer shall verify with the designated contact person, prior to submitting a Proposal, the number of amendments that have been received. Each amendment to the RFP shall be signed by an authorized person and shall be submitted with the Proposal or the Proposal shall be deemed non-responsive.

3.8 ADDITIONAL APPENDICES - ADDITIONAL INFORMATION

Information considered by Proposer to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposer are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials.

Appendices should be relevant and brief.

3.9 NON GOVERNMENTAL ENTITY HUMAN TRAFFICKING AFFIDAVIT

Proposer warrants and represents that it does not use coercion for labor or services as defined in section 787.06, Florida Statutes. Proposer has executed Exhibit C, Nongovernmental Entity Human Trafficking Affidavit, which is attached hereto and incorporated herein by reference.

3.10 PROHIBITION AGAINST USING DIVERSITY, EQUITY, AND INCLUSION

MATERIAL - F.S. 287.139

Proposer hereby certifies to the County that proposer does not and will not use County funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion as defined in section 125.595, Florida Statute, as amended.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

Proposer has executed Exhibit E, Prohibition Against Using Diversity, Equity, and Inclusion Material - F.S. 287.139, which is attached hereto and incorporated herein by reference.

3.11 LITIGATION HISTORY

Proposers shall list and provide the following:

1. All pending litigation against Palm Beach County.

a. Provide the case style and corresponding case number.

2. All pending litigation where Proposer and Palm Beach County are parties.

3. All past litigation against Palm Beach County or where Proposer and Palm Beach

County were parties.

4. All pending demands, protests, or requests for alternative dispute resolution pertaining to contracts and Projects with Palm Beach County.

a. Provide the Contract date and number, as well as the Project name and number.

5. All Contract numbers/Project names and numbers where Proposer is actively, or has in the past, participating in alternative dispute resolution pertaining to Contract and Projects with Palm Beach County.

6. All pending litigation against any governmental entity.

a. Provide the full name of entity, case style, corresponding case number, and State and County.

7. All governmental entity names/agency names, Contract numbers, Project names and numbers, and corresponding dates where it has been or is currently alleged Proposer is in default of contract.

8. All governmental entity names/agency names, Contract numbers, Project names and numbers, and corresponding dates where Proposer was suspended as it related to performance of a Contract.

9. All pending litigation against any non-governmental entity where Proposer alleges breach of contract against said entity:

10. All past litigation against any non-governmental entity where Proposer alleged breach of contract against said entity:

In reference to 1.-10. above, for cases that are ongoing, provide the status of the case.

Failure to provide the above information with your response will deem the Proposer nonresponsive. Based on the information provided above, a Proposer may be deemed non-responsible if in current litigation with Palm Beach County or any other governmental entity or has previously been in litigation with Palm Beach County or any other governmental entity within the past five (5) years with outcome.

3.12 RELATED ENTITIES

Proposers shall disclose if a proposed subcontractor or supplier is associated with or related to the entity as part of the ownership group, board or management of the entity responding to the solicitation.

SECTION 4

SCOPE OF WORK/SERVICES

4.1 SCOPE OF WORK:

When requested by the County through the Office of the County Attorney, the successful firm(s) shall render legal advice and provide representation on code compliance related matters as follows:

4.1.1 Provide representation in all aspects of litigation including any related appeals and counterclaims, from initiation to conclusion pertaining to code compliance related matters, including but not limited to: injunctive relief for code violations; foreclosure of liens; recovery of money judgments for the amount of the liens plus accrued interest, if any; and instituting any lawful civil action or proceeding to correct and prevent code violations.

4.1.2 Outside Counsel shall provide the County or the County Attorney’s Office with any information related to the services performed under the Scope of Work upon request including a summary report of all activities undertaken, if requested by the County or the County Attorney’s Office.