RQS24-0174_Bond_&_Other_Debt.pdf

Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M.

REQUEST FOR QUALIFICATION STATEMENTS (RQS)

RQS24-0174

BOND AND OTHER DEBT RELATED LEGAL SERVICES

The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses.

CITY OF ORLANDO PROCUREMENT AND CONTRACTS SITE

https://www.orlando.gov/Our-Government/Departments-Offices/OBFS/Procurement

City of Orlando

REQUEST FOR QUALIFICATION STATEMENTS (RQS)

RQS24-0174

BOND AND OTHER DEBT RELATED LEGAL SERVICES

TABLE OF CONTENTS

1. INTRODUCTION

2. LEGAL NOTICE

3. SOLICITATION INFORMATION

4. SCOPE OF SERVICES

5. QUALIFICATION STATEMENT FORMAT

6. QUALIFICATION STATEMENT SUBMITTAL

7. QUALIFICATION STATEMENT OPENING

8. TERMS AND CONDITIONS

9. QUALIFICATION STATEMENT EVALUATION

10. EVALUATION CRITERIA

11. VENDOR QUESTIONNAIRE

Attachments:

ATTACHMENTS 1-7 - RQS24-0174

EXHIBIT A – SAMPLE OF CONTRACT

1. INTRODUCTION

1.1. Summary

The City of Orlando (City) is seeking Qualifications Statements for Bond and Other Debt Related Legal Services from interested proposers (hereinafter referred to as “Proposers” or “Firms”) registered in the State of Florida to provide bond and other debt-related legal services to the City on an as-needed basis.

1.2. Contact Information

Direct all questions and inquiries to the following:

Fabio Henao, NIGP-CPP, CPPB Project Coordinator 400 South Orange Avenue Orlando, FL 32801 Email: fabio.henao@orlando.gov Phone: (407) 246-4376

Department:

Business and Financial Services

1.3. Timeline

Note: All time references in this solicitation are to City of Orlando local time on the date specified.

Release Project Date April 10, 2024

Question Submission Deadline April 26, 2024, 5:00pm mailto:fabio.henao@orlando.gov tel:(407)246-4376

Proposal Submission Deadline May 8, 2024, 2:00pm

JOIN THE QUALIFICATION

STATEMENTS OPENING.

Online:

https://teams.microsoft.com/dl/launcher/launcher.

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Call into the virtual meeting by dialing this phone number: +1 321-247-7568 Once dialed-in and prompted, enter the Conference ID: 256 659 061 282 https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true 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https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true 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https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=63cb1cb5-fb77-4614-9b82-dd4c9ef27fbc&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

2. NOTICE

Notice of Request for Qualification Statements for RQS24-0174 Bond and Other Debt Related Legal Services

Notice is hereby given that in order to be considered for award of a contract, a Qualification Statement for Bond and Other Debt Related Legal Services for the City of Orlando must be submitted electronically by 2:00 pm local time on Wednesday, May 8, 2024.

Firms interested in submitting a Qualification Statement may download the Request for Qualification Statements (RQS) document from the City’s e-Procurement Portal at:

https://procurement.opengov.com/portal/orlando

Please be advised that you must maintain and update your e-Procurement Portal vendor file with the proper contact and email information at all times during the solicitation process. The City's e-Procurement Portal functions as a courtesy notification system, sending an email announcement to registered suppliers when additional documents or addenda to a solicitation occur. Unless a Firm registers and downloads the solicitation directly from the City’s e-Procurement Portal, the notification system is not activated. It is the responsibility of the Firm to check the City's e-Procurement Portal prior to submitting a Qualification Statement to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the Qualification Statement if necessary.

The City of Orlando has adopted Minority and Women-Owned Business Enterprise goals and a Veterans Business Enterprise Preference. Firms are encouraged to utilize MBE/WBE/VBE firms as sub-consultants in responding to this Request for Qualification Statements. Such utilization will be given favorable selection consideration. Firms will be required to certify that employees and applicants for employment are not discriminated against because of race, color, creed, religion, sex, national origin, age, marital status or disability.

The City reserves the right to waive any informalities or irregularities in the selection process and to reject any or all Qualification Statements, or to re-advertise.

https://procurement.opengov.com/portal/orlando

3. SOLICITATION INFORMATION

The Procurement and Contracts Division is the official source to obtain information relating to City of Orlando solicitations. It is incumbent on the Proposer to obtain solicitation and current award information prior to and after the scheduled opening date of a Request for Qualification Statements. Information is updated daily as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a Request for Qualification Statements. You may obtain award and other solicitation information in a variety of ways:

A. There are currently two Internet sites available to obtain RQS Advisory Committee rankings, Notice of Intended Action for award, and other information:

1. The City of Orlando Procurement and Contracts Division’s Website:

http://www.cityoforlando.net/procurement/solicitations/ If you are interested in obtaining solicitation information, copy and paste the above link into your web browser and click on Search Solicitations. Please remember that you must keep your registration information up to date in order to continue to receive notifications of solicitation opportunities that meet your commodity code selections.

2. Direct link to the City's e-Procurement Portal:

https://procurement.opengov.com/portal/orlando

B. You may visit the Procurement and Contracts Division during City business hours to obtain award information, solicitation packages, addenda, and other documents. Our office is located at: City of Orlando, City Hall, 400 South Orange Avenue, 4th Floor, Orlando, Florida 32801.

C. You may also call the Procurement and Contracts Division at (407) 246-2291, during normal business hours, to request award and other solicitation related information.

Proposers choosing to contact the Procurement and Contracts Division directly for information should still maintain an accurate and updated e-Procurement Portal vendor file with its proper contact and email information at all times during the solicitation process.

Firms will receive information from the City through the City's e-Procurement Portal throughout the course of the solicitation and selection process. The City shall not be responsible for a Firm’s failure to create and properly maintain an e-Procurement Portal file and Firms shall be deemed to have received all information posted on or transmitted by such system.

We appreciate your interest in doing business with the City of Orlando and wish you much success with your business ventures.

http://www.cityoforlando.net/procurement/solicitations/ https://procurement.opengov.com/portal/orlando

4. SCOPE OF SERVICES

4.1. DESCRIPTION OF THE PROJECT

The City of Orlando (the “City”) is soliciting qualification statements from law firms wishing to be considered in the development of the City’s debt related legal team to provide bond and other debt-related legal services to the City on an as-needed basis. The team will be in place to assist the City in its bond related activities for an initial period of five (5) years.

This period may be extended for two one-year periods by mutual written assent of the parties. The City anticipates selecting three (3) firms to serve as Bond Counsel and Disclosure Counsel but reserves the right to select the number of firms that best meets the City’s needs. For most bond transactions, the City anticipates selecting two firms from the legal team, one to serve as Bond Counsel and one to serve as Disclosure Counsel for the transaction.

In assigning the firms from the team for a particular transaction, the City may make such assignments as it deems appropriate in its sole discretion, but anticipates making such assignments in consideration of a firm’s experiences with similar transactions, a firm’s past performance on other transactions, and other relevant considerations for the type of transaction being undertaken.

The City wishes to meet and exceed current market expectations regarding disclosure and, thus, sees the principal role of the Disclosure Counsel as assisting and insuring that the City’s disclosures meet and exceed all established standards.

Related to its debt management activities, the City anticipates additional assignments to members of the selected legal team which may include (a) assisting in negotiating Letters of Credit, Lines of Credit, liquidity documents or ISDA Master Agreements and Schedules,

(b) providing preliminary legal assistance in exploring new potential transactions (which may or may not result in bond transactions), and (c) advising on reserve investment practices, reserve restructuring and arbitrage related issues. The City’s Debt Management Policy, Interest Rate Risk Management Products (Derivatives) Policy, and Investment Policy are contained in the City’s Bond Disclosure Supplement, which can be found online at https://www.orlando.gov/Our-Government/Records-and- Documents/Financial/Bond-Disclosure-Supplements.

The City prohibits the selected firm(s) from engaging in activities on behalf of the City that produce a direct or indirect financial gain for the firm, other than the agreed-upon compensation, without the City’s informed consent.

4.2. TERM OF THE CONTRACT

It is the intent of the City to award a Contract for a five (5) year term to begin upon approval and execution by the City. The Contract may, by mutual assent of the parties, be extended for two (2) additional one (1) year periods or portions thereof, up to a cumulative total of seven (7) years.

https://www.orlando.gov/Our-Government/Records-and-Documents/Financial/Bond-Disclosure-Supplements https://www.orlando.gov/Our-Government/Records-and-Documents/Financial/Bond-Disclosure-Supplements

4.3. MANDATORY MINIMUM QUALIFICATIONS

The following mandatory minimum qualifications have been established. Subject to the City’s right to waive minor irregularities, Proposers that do not meet the mandatory minimum qualifications will be deemed non-responsive and will not be considered for further evaluation.

1. The Proposer must be actively in business performing similar services for at least five (5) years.

2. The Proposer must have participated in at least five (5) municipal bond transactions as bond counsel, disclosure counsel, co-counsel, underwriter’s counsel or bank counsel within the past five (5) years.

4.4. TECHNICAL REQUIREMENTS

The specific services to be performed will be determined from time to time by the City, including but not limited to the following:

Bond/Tax Counsel Services - The firm(s) selected to provide Bond Counsel Services will be required to perform all services and duties customarily and usually performed by Bond Counsel preliminary to and accompanying the rendering of an approving opinion as to the legality and tax exempt status of, and the sale of, City bonds or other debt instruments.

Disclosure Counsel Services - The firm(s) selected to provide Disclosure Counsel Services will be required to perform all services and duties customarily and usually performed by Disclosure Counsel.

Included herein as ATTACHMENT "6" you will find an additional list of questions for a Proposer seeking consideration for selection as a Primary Firm to answer, which will address these and other issues to assist the City in ascertaining the level and degree of experience available at each firm and specifically available through the team of lawyers assigned to the City’s relationship.

Relationship Partner:

As part of their submission, each firm will identify a Relationship Partner that shall be the primary contact with the City. Any change in the Relationship Partner by the firm must be approved by the City. The loss of, or a change in, the Relationship Partner may be grounds for terminating the law firm’s contract with the City.

Compensation:

The final Bond Counsel and Disclosure Counsel fees for each transaction will be finalized by the City at the point where detailed information is available regarding the terms, structure and complexity (or lack thereof) involved with each such issue based upon input received from the City’s Financial Advisor as well as Bond Counsel and Disclosure Counsel, respectively. At such time, the City may also consider any alternative fee structures proposed by Bond Counsel and/or Disclosure Counsel.

5. QUALIFICATION STATEMENT FORMAT

Responses to this request shall include the following information and be presented in the order shown, separated into sections as noted, including a Table of Contents that identifies each section and its page number:

5.1. Letter of Introduction

Letter of Introduction addressed to David Billingsley, Chief Procurement Officer. Provide the name of the Proposer’s firm, address, e-mail, telephone number, name of contact person, date and the subject: RQS24-0174. Briefly state the Proposer’s understanding of the services to be provided and make a positive commitment to perform the work.

5.2. Table of Contents

Tab each item in paragraphs below (including sub-paragraphs) and record tab number/letter in the Table of Contents along with corresponding page number.

5.3. Cover Page from this Solicitation

Cover Page from this solicitation with completed business and contact information (including DUNS number).

5.4. Addendum Receipt

Complete ATTACHMENT "1" - Addendum Receipt Verification Form.

5.5. Confidential and/or Proprietary Information Exemption Form Complete Confidential and/or Proprietary Information Exemption Form (attached to this Solicitation as ATTACHMENT "2").

5.6. General Business Information

Proposers shall provide:

1. Legal Name of Proposer, the address of Proposer’s principal place of business, phone number, fax number, name of principal in charge and email address.

2. Name(s) of person(s) to be contacted for information or services if different from name of principal in charge.

3. Business Form - State if Proposer’s business is local, national, or international and indicate the business’s legal status (corporation, partnership, etc.) Provide the date the Proposer was organized or incorporated and state of incorporation.

If the Proposer is a joint venture, please list the partners and the date such joint venture was formed. Provide a copy of Proposer’s current W-9.

4. Indicate whether the Proposer’s business is a parent or subsidiary in a group of firms/agencies.

5. Provide the location of the office from which the work is to be performed and the number of professional staff employed at the office.

6. State if the Proposer’s business is licensed, permitted and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity.

5.7. Proposer’s Experience

Proposers shall provide a verifiable statement of the Proposer's experience providing services similar to those described in Section 4, Scope of Services. The statement of experience should be supported by the references listed as ATTACHMENT “7,” which shall be completed and submitted by the Proposer with its Proposal. Proposers shall also provide a list of all contracts in which your firm was terminated for cause by a governmental agency.

5.8. Staff Experience

The Proposer shall submit a statement of experience and resumes for the members of the legal team that will be providing debt-related legal services to the City. Please identify the attorney who will serve as the Relationship Partner as well as the attorney who will serve as the primary tax counsel for the engagement. If your firm has no attorneys who specialize in public finance tax law, please indicate how your firm intends to provide competent tax advice.

5.9. Mandatory Minimum Qualifications

Provide clear and specific documentation as to how the Firm meets the mandatory Qualifications as described on Section 4.4.

5.10. Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Please submit the Minority/Women-Owned Business Enterprise Participation Form attached to this solicitation as ATTACHMENT "3."

5.11. Veteran Business Enterprise (VBE)

Please submit the Veteran Business Enterprise Participation Form attached to this solicitation as ATTACHMENT "4."

5.12. Acceptance of Conditions

By submitting a Qualification Statement, Proposer acknowledges and agrees to the following conditions. Where indicated below, Proposer shall include any requested information, if applicable:

5.13. Evidence of Financial and Insurance Status

A. Has any professional liability insurance coverage held by your entity ever been cancelled? If yes, explain fully.

B. Has anyone recovered against the coverage? If yes, explain fully.

Note: The City reserves the right in the future to require the submittal of evidence of Proposer's ability to obtain and maintain errors and omission insurance, professional liability insurance, or malpractice coverage. Further, the City reserves the right in the future to require the submittal of evidence it deems necessary relative to the Proposer's financial status and insurance status.

5.14. Investigations and Litigation

If the Proposer has ever been the subject of an investigation conducted by a regulatory agency or professional licensing board, give the details and outcome of such action. If the Proposer has been sued within five years of the Qualification Statement submittal date as a result of actions or inactions in the course of its business or profession, give the details and outcome of such suit(s) with your Qualification Statement.

5.15. Prohibition Against Contracting with Scrutinized Companies In accordance with Section 287.135(2) of the Florida Statutes, “[a] company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of:

A. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or

B. One million dollars or more if, at the time of bidding on, or submitting a proposal for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or

2. Is engaged in business operations in Cuba or Syria.”

Section 215.473 of the Florida Statutes defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.”

By submitting a response to this solicitation, a Proposer certifies that it and those related entities of Proposer as defined above by Florida law above are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, by submitting a response to this solicitation, a Proposer certifies that it and those related entities of Proposer as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy

Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Any Proposer awarded a Contract as a result of this solicitation shall be required to recertify the aforementioned certifications at each renewal of the Contract. The City may terminate any contract resulting from this solicitation if Proposer or any of those related entities of Proposer as defined above by Florida law are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Notwithstanding the preceding, the City reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists or engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more, or may permit a company on the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any amount, should the City determine that the conditions set forth in Section 287.135(4) of the Florida Statutes are met.

Accordingly, firms responding to this solicitation shall execute and return with their response an executed copy of ATTACHMENT "5," Certification Regarding Prohibition Against Contracting With Scrutinized Companies. A contract shall not be awarded to a Proposer who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Proposer fails to return the form with its response.

6. QUALIFICATION STATEMENT SUBMITTAL

Submissions must be received prior to 2:00 p.m., local time, Wednesday, May 8, 2024.

Except as provided in Section titled, "Americans with Disabilities Act," for people needing special accommodations, to be responsive, Qualification Statements for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

Instructions for submitting a Qualification Statement:

A. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your bid/quote/submittal, along with all required attachments, and submit.

Proposers are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-Procurement portal by the due date and time. Proposers are strongly encouraged to submit their response well ahead of the final due date and time to avoid any transmission or other issues. The City shall not be responsible for any submission delays or failures caused by any occurrence.

7. QUALIFICATION STATEMENT OPENING

Qualification Statements will be opened promptly at the due date and time for submittal.

Interested persons may attend the Opening by following the instructions below.

JOIN THE VIRTUAL QUALIFICATION STATEMENT OPENING: Wednesday, May 8, 2024 TIME: 2:00 PM LOCAL TIME.

INSTRUCTIONS TO JOIN THE SOLICITATION OPENING VIRTUAL MEETING:

The Qualification Statement opening will be open to attendance by the public via the Microsoft Teams Meeting platform. This platform allows you to attend online or by telephone.

• Online-To join online on your device:

Begin by choosing your device and downloading Teams on the device by going to https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app and download Microsoft Teams. You can use a smart phone, tablet, laptop, or desktop computer to download at no cost. Make sure to allow some extra time for the install before joining your first meeting. Note: If you cannot download the desktop or mobile application but would still like to attend online, you may also follow the instructions to join a Microsoft Teams Meeting on the web that appear when you use the link below.

For information on joining a Microsoft Teams Meeting from the app or on the web, visit:

https://support.office.com/en-us/article/join-a-teams-meeting-078e9868-f1aa-4414- 8bb9-ee88e9236ee4

Use the link below to join the virtual meeting:

https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2% 2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657- 825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

• Telephone: To join the Opening by telephone:

If you do not have one of the devices just mentioned above to join the Opening online or if you prefer, you can also call into the Qualifications Statements Opening meeting by dialing this phone number: 321-247-7568.

Once dialed-in and prompted, enter the Conference ID: 256 659 061 282

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

A. Provide live public comment https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app https://support.office.com/en-us/article/join-a-teams-meeting-078e9868-f1aa-4414-8bb9-ee88e9236ee4 https://support.office.com/en-us/article/join-a-teams-meeting-078e9868-f1aa-4414-8bb9-ee88e9236ee4 https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657-825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657-825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657-825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657-825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657-825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_OTdiOTE0MmUtODg4ZC00OTA5LWI0ZDctNDU1YjRlMDNmYzdh%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=136cf728-3c48-4657-825b-d4a04eb9ecee&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

1. An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed. When called, unmute your device and state your name and address for the record.

8. TERMS AND CONDITIONS

8.1. Questions Regarding the Solicitation Process

To ensure fair consideration for all Proposers, the City prohibits communication to or with any officer, elected official (including the Mayor and City Council), department, division, office or employee of the City, and any advisory committee members during the solicitation process from the date of issuance of the Request for Qualification Statements through award, except as provided below.

All communications relating to this Request for Qualification Statements between a Proposer (or anyone on a Proposer’s behalf) and the City must be made through the Procurement and Contracts Division. Any communications in violation of this provision may be grounds for disqualifying the offending Proposer from consideration for award and/or any award arising from a future solicitation.

Any questions relative to interpretation of the solicitation or the solicitation process shall be addressed in writing as indicated below. Unless such date is changed in an Addendum issued by the City, questions must be received by the Procurement and Contracts Division on or before the date and time set in the timeline in Section 1 of the solicitation.

Questions received after the cut-off date and time will not be considered.

Any interpretation made to prospective Proposer will be expressed in the form of an addendum to the solicitation which, if issued, will be conveyed in writing to all prospective Proposers no later than five (5) days prior to the date set for receipt of Qualification Statements. Oral answers will not be authoritative.

It will be the responsibility of the Proposer to contact the Procurement and Contracts Division prior to submitting a Qualification Statement to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their Qualification Statements (if required). Direct all inquiries to:

Fabio Henao, NIGP-CPP, CPPB, Project Coordinator

City of Orlando

Procurement and Contracts Division

400 S. Orange Avenue, Fourth Floor

Orlando, Florida 32801

Telephone: (407) 246-2291

Email: fabio.henao@orlando.gov mailto:fabio.henao@orlando.gov

8.2. Living Wage

Proposer, as well as its subcontractors (first tier only), shall pay to all of their employees providing services pursuant to a contract with the City, a living wage for the time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project.) “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits.

Necessary payroll documentation shall be provided to confirm compliance with this provision or the Proposer shall allow the City to audit (at Proposer’s place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and proposal awards for services which involve City expenditures that exceed $100,000.00 per year.

For those Contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the Contract term, this provision will be applicable to that Contract in the next quarter. To further clarify, the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City’s Living Wage Policy.

8.3. Cost Criteria

As part of contract negotiations, the City and the selected Proposer shall negotiate compensation, including as applicable the multiplier rate for work to be performed. This multiplier rate is determined by summing the direct labor cost, the indirect labor cost, and the profit; and dividing this sum by the direct labor cost. The maximum salary multiplier rate that is allowed without the approval of the City’s Chief Financial Officer is 3.00.

Compensation will be negotiated to an amount which the City determines is fair, competitive, and reasonable. In making such determination, the City shall conduct a detailed analysis of the direct labor cost of the professional services for the scope of work.

The City will require the firm receiving an award for this project to execute a truth-in-negotiations certificate stating that the direct labor costs supporting the compensation are current at the time of negotiations. A contract for professional services will contain a prohibition against contingent fees as required by Florida Statutes 287.055(6), as amended. The Proposer shall also comply with the criteria for reimbursable expenses outlined in the City’s Policy and Procedure Manual.

8.4. Convicted Vendor List

A person or affiliate, as defined in §287.133, Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or Firm under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

8.5. Discriminatory Vendor List

In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or Firm under a contract with any public entity; and may not transact business with any public entity.

8.6. Non-Discrimination

Proposers must ensure that employees and applicants for employment are not discriminated against because of race, color, creed, religion, sex, sexual orientation, gender identity, national origin, age, disability or marital status.

8.7. Solicitation Response Costs

The City is not responsible for any expenses which firms may incur in preparing and submitting responses, including presentations, and any other expenses called for in this Request for Qualification Statements.

8.8. Applicable law

This Request for Qualification Statements is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of Title II of the Code of the City of Orlando which can be accessed online at:

https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_ CH7PRCO or by contacting the Procurement and Contracts Division. Any protest or appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code (including the submission of the required non-refundable filing fee), except that a security bond shall not be required for this solicitation.

8.9. Further Information

The City reserves the right to ask for further information from the Proposer, either in writing or orally, and requests will be addressed to that person (or those persons) authorized by the Proposer to represent same.

8.10. Public Records

Qualification Statements received in response to this solicitation are exempt from disclosure under the provisions of Florida law until such time as the City provides notice https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH7PRCO https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH7PRCO of an intended decision or until thirty (30) days after the response opening, whichever is earlier.

8.11. Americans with Disabilities Act

Persons with disabilities needing a special accommodation to participate in this solicitation should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, P.O. Box 4990, Florida 32802-4990, telephone (407) 246-2291, not later than seven (7) days prior to the date on which the accommodation is requested.

8.12. Reserved Rights

The City, in its sole discretion by action of its Chief Procurement Officer or designee, reserves the right to reject any and all Qualification Statements or to waive any irregularity or informality in such submissions. At any time prior to the execution of a contract, the City may determine, in its sole discretion, that it is not in the public interest to continue the solicitation and/or its review of the submissions. In the event of rejection of a submission, the City shall not be liable for any costs incurred in connection with the preparation and submittal of the statement.

8.13. Prohibition Against Considering Social, Political, or Ideological Interests in Government Contracting

Pursuant to Section 287.05701 of the Florida Statutes, vendors are notified that the City as a local government in Florida, is prohibited from requesting documentation of or considering a vendor's social, political, or ideological interests when determining whether a vendor is a responsible vendor, and from giving a preference based upon such interests.

8.14. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware the Request for Proposal and the responses thereto are in the public domain. Proposers are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

A generic notation that information is “confidential” is not sufficient. Failure to provide the Procurement and Contracts Division Office with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

8.15. Right to Audit Records:

The City shall be entitled to audit the books and records of a Contractor or any sub-contractor to the extent that such books and records relate to the performance of such Contract or sub-contract. Such books and records shall be maintained by the Contractor for a period of five (5) years from the date of final payment under the prime

Contract and by the sub-contractor for a period of five (5) years from the date of final payment under any sub-contract unless a shorter period is otherwise authorized in writing. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later.

8.16. Insurance/Bonds

Insurance and/or Performance Bond coverage required by the Contract or terms and conditions as set forth in this solicitation, if any, must be in force throughout the term of the Contract (“Contract Term”). Should a Contractor fail to provide acceptable evidence of current insurance and/or a Performance Bond within seven (7) days prior to the expiration date of an insurance policy or bond at any time during the Contract term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor. The Contractor shall be liable for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at the time of termination. It is highly recommended that proposers confer with their respective insurance carriers or brokers to determine, in advance of their proposal submission, the availability and cost of the required insurance, related endorsements, and bonds.

8.17. Governing Law / Venue

Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida.

Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2) (a) through (d) of the Florida Statutes. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida

9. QUALIFICATION STATEMENT EVALUATION

9.1. Evaluation Criteria

An Advisory Committee will be established to review all responsive Submittals.

Submittals will be evaluated for short listing (if applicable) and final ranking using the evaluation criteria set forth herein. The information that will be considered for each criteria is as follows:

1. Experience and qualifications of the firm and successful completion of similar engagements. This criteria will include, but will not be limited to, Proposer's general statement of experience, reference responses, and responses in Attachments "6" and “7.”

2. Knowledge and Experience of Key Individuals and Proposed Team. This criteria will include, but will not be limited to, evaluation of staff experience.

3. Minority and Women Owned Business Enterprise. This criteria will include, but will not be limited to, evaluation of the information submitted in response to Attachment “3.”

4. Veteran Business Enterprise. This criteria will include, but will not be limited to, evaluation of the information submitted in response to Attachment “4.”

Minority Business Enterprise (MBE), Women Business Enterprise (WBE), and Veteran Business Enterprise (VBE) Participation

Points for MBE, WBE, and VBE participation will be awarded as follows:

a) Ten (10) points will be given for listing at least one MBE subcontractor firm and at least one WBE subcontractor firm which Proposer intends to use on the project and the scope of work each MBE and WBE will perform. Both an MBE subcontractor firm and a WBE subcontractor firm must be listed to receive points.

b) Four (4) points will be given if the Proposer makes an affirmative declaration in its Qualification Statement that it will make a good faith effort to achieve 18% MBE subcontracting participation and 6% WBE subcontracting participation on this contract.

c) One (1) point will be given if the Proposer is either (1) an MBE or WBE…