09-21-15 Special Meeting AgendaCITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING - MONDAY, SEPTEMBER 21, 2015
4:30 P.M. DELRAY BEACH CITY HALL
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equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact the City Manager at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special
Meeting of the City Commission to be held for the following purposes:
1. Discussion and Shortlisting of Proposers regarding RFP No. 2015-76 — State Legislative
Lobbyist
2. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Iberia Bank
v. Auburn Trace, LTD., et al., Case No. 2014CA012272 AO and re: Auburn Trace, Debtor
Case No. 15-10317 PGH.
Attendees: Mayor Cary D. Glickstein
Vice Mayor Shelly Petrolia
Deputy Vice -Mayor Al Jacquet
Commissioner Jordana Jarjura
Commissioner Mitchell Katz
City Manager Donald Cooper
City Attorney Noel Pfeffer
Robert Furr, Esq., Special Bankruptcy Counsel
Alvin Goldstein, Special Bankruptcy Counsel
A certified court reporter
Purpose: Discuss settlement strategy related to the above cases.
3. SETTLEMENT OF IBERIA BANK V. AUBURN TRACE, LTD., ET AL., CASE NO.
2014CA012272 AO AND RE: AUBURN TRACE, DEBTOR CASE NO. 15-10317
PGH.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Holly Vath, Chief Purchasing Officer
THROUGH: Donald B. Cooper, City Manager
DATE: September 18, 2015
SUBJECT: AGENDA ITEM SPAA - SPECIAL MEETING OF SEPTEMBER 21, 2015
SELECTION COMMITTEE/RFP 2015-76 STATE LEGISLATIVE
LOBBYISURESPONSIVENESS
BACKGROUND
The City issued RFP 2015-76 on August 21, 2015 with a due date of September 4, 2015. The City received
four proposals on the due date from the following firms:
. Ballard Partners
• Gray Robinson, P.A.
. Southern Strategy Group, Inc.
. Wexford Strategies
The Selection process defined in the RFP is comprised of a two phase process. The first phase requires a
determination of the responsiveness of each Proposer. Below is a summary based on a review of the
proposals.
Required items
Ballard
Partners
Gray Robinson,
P.A.
Southern
Strategy
Group, Inc.
Wexford
Strategies
Letter of Transmittal
Yes
Yes
Yes
Yes
Organization Profile
Yes
Yes
Yes
Yes
Qualifications
Yes
Yes
Yes
No
Five current government clients
Yes
Yes
Yes
Yes
Responsive to RFP
Yes
Yes
Yes
No
RECOMMENDATION
Consider a motion to approve Ballard Partners, Gray Robinson, P.A. and Southern Strategy Group, Inc. as
responsive to RFP 2015-76.
CITY OF DELRAY BEACH
100 NW 1St AVENUE, DELRAY BEACH, FL 33444
RFP No. 2015-76
State Legislative Lobbyist
MAYOR - CARY D. GLICKSTEIN
VICE MAYOR - SHELLY PETROLIA
DEPUTY VICE MAYOR - AL JACQUET
COMMISSIONER - JORDANA JARJURA
COMMISSIONER - MITCH KATZ
CITY MANAGER - DONALD B. COOPER
Purchasing Department ♦ (561) 243-7123 ♦ E-mail purchasing(�i_)mydelraybeach.com
Advertisement
CITY OF DELRAY BEACH, FLORIDA
REQUEST FOR PROPOSALS
RFP 2015-76
State Legislative Lobbyist
The City of Delray Beach, Florida ("City") is soliciting proposals from qualified Legislative
Lobbyists to perform State legislative representation and related lobbyist support services to
advance the City of Delray Beach's approved legislative plan. The respondent must have
established an impeccable reputation with the legislative community for experience, expertise
and reliability. Any person wishing to submit a proposal (i.e., a "Proposer") must comply with
the requirements contained in the City's RFP.
Sealed proposals will be accepted by the City's Purchasing Division in Room 206, City Hall, 100
N.W. 1" Avenue, Delray Beach, FL., 33444 until Friday, September 4, 2015, 3:00 p.m., at
which time the names of the Proposers will be read aloud in the first floor conference room.
Proposals received by the City after this deadline will not be considered.
Each proposal must be submitted in a sealed envelope. The envelope shall contain: one (1)
unbound proposal, labelled as the original; ten (10) copies of the proposal, labelled as copies;
and one (1) computer disk ("CD") which contains a complete copy of the proposal.
Questions regarding this RFP must be delivered in writing via e-mail to:
vath mydelraybeach.com. Questions received after Monday, August 31, 2015, 5:00 p.m. will
not be addressed by the City.
Copies of the RFP may be downloaded from www.DemandStar.com or copies of the RFP also
may be requested via e-mail (purchasing@mydelraybeach.com).
The City reserves its exclusive right to: reject any and all proposals; waive minor irregularities
with regard to any proposal; determine whether a Proposer is responsible, responsive, and
qualified; and determine whether to award its work to one or more Proposers.
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TABLE OF CONTENTS
SECTION 1: TERMS AND CONDITIONS........................................................................................... 4
SECTION 2: SCOPE OF WORK..........................................................................................................15
SECTION 3: FORMS FOR PROPOSALS............................................................................................18
SECTION 4: AGREEMENT..................................................................................................................25
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SECTION 1: TERMS AND CONDITIONS
1.1 INTRODUCTION
The purpose of this Request for Proposal ("RFP") is to perform State legislative
representation and related lobbyist support services to advance the City of Delray Beach's
approved legislative plan. The respondent must have established an impeccable
reputation with the legislative community for experience, expertise and reliability.
Section 1 of this RFP describes the general terms and conditions that will apply to this
RFP. Section 2 of this RFP describes the scope of services for any proposer wishing to
submit a proposal in response to this RFP. Section 3 of this RFP provides forms and
instructions for preparing a proposal in response to this RFP. Section 4 contains the
sample Agreement ("Agreement") that will be executed by the selected Proposer.
1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFP
All Proposers shall carefully examine this RFP, including the forms and the Agreement. If
a Proposer discovers any ambiguities or inconsistencies in any aspect of this RFP, the
Proposer shall immediately notify the City's Chief Purchasing Officer.
No later than August 31, 2015, 5:00 p.m. each Proposer shall deliver to the City all of the
Proposer's (a) questions concerning the intent, meaning and interpretation of this RFP,
including the Agreement and (b) objections to the terms of this RFP, including the
Agreement. Each Proposer shall be deemed to have waived all questions and objections
that are not submitted to the City in compliance with this Section 1.2. A Proposer's
questions and objections may be delivered to the City by mail or e-mail, but all such
submittals shall be in writing and addressed to:
Holly Vath
City of Delray Beach
100 N.W. 1s`Avenue
Delray Beach, Florida 33444
Facsimile: (561) 243-7166
E-mail: vath(a�mydelraybeach.com
1.3 NO ORAL INTERPRETATIONS OF RFP
No Person is authorized to give oral interpretations of, or make oral changes to, this RFP.
Therefore, oral statements about the RFP by the City's representatives will not be binding
on the City and should not be relied upon by a Proposer. Any interpretation of, or change
to, this RFP will be made in the form of a written addendum to the RFP. A Proposer can
only rely upon those interpretations of, or changes to, this RFP that are issued by the City
in an addendum. By submitting a proposal, a Proposer certifies that its proposal is made
without reliance on any oral representation by the City, its agents, or employees.
1.4 REVIEWING THE RFP AND ADDENDA
Each Proposer should closely examine all of the documents and requirements in this RFP.
It is the sole responsibility of the Proposer to ensure that he or she has received all of the
pages of the RFP. In accordance with the provisions of the American with Disabilities Act,
this RFP may be requested in an alternate format.
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If revisions to this RFP become necessary, the City will issue written addenda. All
addenda must be acknowledged by each Proposer. A proposal may be rejected as non-
responsive if the Proposer fails to submit an "Acknowledgement of Addendum" form with
its proposal (see Form 5 in Section 3 of the RFP). Addenda may be downloaded from the
City's website at www.mydelraybeach.com. The City provides this website as a courtesy
only and assumes no responsibility for errors or omissions that may affect a proposal
submitted in response to this RFP.
Each Proposer should contact the City no more than five (5) calendar days prior to the
deadline for submitting proposals to determine whether any addenda have been issued.
No addendum will be issued less than five (5) calendar days before the date for submitting
proposals, except an addendum withdrawing the RFP or postponing the deadline for the
submittal of proposals.
1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS
The specific requirements for preparing a proposal are set forth in Section 2 of this RFP.
By submitting a proposal, the Proposer agrees to be subject to all of the terms and
conditions specified herein.
1.6 DEADLINE FOR DELIVERY OF PROPOSALS
Proposals must be delivered to the City's Purchasing Division in Room 202, City Hall, 100
N.W. 1st Ave., Delray Beach, Florida 33444-2698, before the deadline specified in Section
1.7 of this RFP. It is the Proposer's sole responsibility to ensure that its proposal is
complete and delivered at the proper place before the deadline. Proposals that are not
delivered before the deadline will not be considered by the City. Such proposals will be
returned unopened. Proposals submitted by facsimile, telephone, or electronic means will
not be accepted. A proposal may not be altered by the Proposer after the deadline for
submitting proposals.
1.7 SCHEDULE AND DEADLINES FOR RFP
A summary schedule of the major activities associated with this RFP is presented in Table
1, below. The City, at its sole discretion, may modify the schedule as the City deems
appropriate. The City will provide notification of any changes to the schedule by issuing
written addenda.
Table 1
ACTIVITY
DATE
Issue RFP
August 21, 2015
Deadline for Delivery of Written Questions and Objections
August 31, 2015 5:00 p.m.
Deadline for Delivery of Proposals
September 4, 2015 3:00 p.m.
Institute Cone of Silence
September 4, 2015 3:00 p.m.
City Commission review, selection and award of contract
September 8, 2015
September 15, 2015
1.8 EVALUATION OF PROPOSALS
The City Commission will review and evaluate the proposals submitted in response to this
RFP. The review process will be conducted in two phases. In Phase One, the City
Commission shall determine whether each Proposer is responsive. For the purposes of
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this RFP, a responsive Proposer means a Person that has submitted a proposal that
conforms in all material respects to the requirements in the RFP. Accordingly, in Phase
One, the City Commission will determine whether each Proposer correctly submitted and
completed all of the necessary forms, documents, and information.
In Phase Two of the review process, the City Commission will determine whether each
Proposer is responsible. For the purposes of this RFP, a responsible Proposer means a
Person that has the capacity in all respects to fully perform the contract requirements and
has the integrity and reliability that will ensure good faith performance. In Phase Two,
each proposal will be evaluated in light of the following criteria:
1. Proposer's experience in Florida.
2. Proposer's qualifications.
3. Proposer's approach to the project.
4. Proposer's prior performance when providing similar services.
5. Proposer's responsiveness and completeness of the proposal.
6. Proposer's experience or working relationships with Legislative Leadership,
state organizations and Governor's office.
7. Any other relevant information concerning the Proposer's ability to provide
outstanding service, value, and other benefits that are consistent with the best
interests of the City, including Optional Services.
8. Proposer's cost of services.
At any time during Phase One and Phase Two, the City may conduct any investigations it
deems necessary to evaluate the proposals. Each Proposer shall promptly provide the
City with any additional information reasonably requested by the City. The City shall have
the right to make additional inquiries, interview some or all of the Proposers, visit the
facilities of one or more of the Proposers, or take any other action the City deems
necessary to fairly evaluate a proposal.
At any time during Phase One and Phase Two, the City may reject a proposal if the City
concludes the Proposer is not qualified -- i.e., the Proposer does not satisfy the minimum
criteria set forth in this RFP.
During Phase Two, proposals will be evaluated in light of the weighted criteria listed below:
0
Weight
1. Proposer's experience in Florida.
50%
2. Proposer's qualifications.
3. Proposer's approach to the project.
4. Proposer's prior performance when providing similar services.
5. Proposer's responsiveness and completeness of the proposal.
6. Proposer's experience or working relationships with Legislative
Leadership, state organizations and Governor's office.
7. Any other relevant information concerning the Proposer's ability to
provide outstanding service, value, and other benefits that are consistent
with the best interests of the City, including Optional Services.
Cost of services
50%
100%
0
These weighted criteria are provided to assist in the review of the proposals. These criteria
also will guide the Commission by establishing a general framework for the Commission's
deliberations. The Commission will rank the Proposers using the weighted criteria, based
on the evaluation of the merits of the Proposer's proposal.
At its option, the Commission may allow each Proposer on the short list to make a
presentation to the Commission. If presentations are allowed, the Commission shall
perform a final ranking of short-listed proposers. The Commission will award the contract.
Please note that the City Commission may select the Successful Proposer without allowing
any presentations or interviews by any Proposer. For this reason, each Proposer must
ensure that its proposal contains all of the information requested in this RFP.
1.9 AWARD OF CONTRACT BY CITY COMMISSION
The City of Delray Beach reserves the right to accept any Bid or combination of Bid
alternates which, in the City's judgment will best serve the City's interest, reject any and all
Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms
with the Successful Bidder, and the right to disregard all non -conforming, non-responsive,
unbalanced or conditional Bids.
The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any
informality in any Bid, and to award the purchase in the best interest of the City.
Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor
of the unit price. Discrepancies between the indicated sum of any column of figures and
the correct sum thereof will be resolved in favor of the correct sum.
1.10 THE CITY'S ACCEPTANCE OR REJECTION OF PROPOSALS
The City reserves its exclusive right to:
■ reject any and all proposals that fail to satisfy the requirements and specifications in
this RFP;
■ accept the proposal which, in the judgment of the City Commission, is the best
overall proposal, based on the six (6) criteria listed in Section 1.8, above;
■ reject any and all non-responsive proposals;
■ waive minor irregularities in any proposal;
■ issue addenda or otherwise revise the requirements in this RFP;
■ reject all proposals, with or without cause;
■ issue requests for new proposals;
■ And cancel this RFP.
The City shall decide, in its sole discretion, whether to reject a proposal as non-responsive.
Among other things, a Proposal may be found to be non-responsive if the Proposer: failed
to provide the information requested in the RFP; failed to utilize or complete the required
forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the
applicable deadlines; provided improper or undated signatures; or provided information
that is false, misleading, or exaggerated.
The City may reject a proposal for any reason that the City deems sufficient. For example,
the City may reject one or more proposals if: the Proposer misstates or conceals any
material fact in their proposal; the proposal does not conform to the requirements of
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Applicable Law; the proposal is subject to conditions or qualifications; a change occurs
that makes this RFP unnecessary for the City; any Person submits more than one proposal
under the same or different names; a Proposer fails to perform satisfactorily or meet its
financial obligations on previous contracts; the Proposer employs unauthorized aliens in
violation of Section 274(A)(e) of the Immigration and Naturalization Act; or the Proposer is
listed on the U.S. Comptroller General's List of Ineligible Companies for Federally
Financed or Assisted Projects.
Any or all proposals may be rejected if the City concludes that collusion existed among two
or more of the Proposers. Proposals received from the participants in such collusion will
not be considered for the same work if this RFP is re -advertised.
More than one proposal from an individual, firm, partnership, corporation, or association
under the same or different names will not be considered. If a Proposer is involved in more
than one proposal for the same work, the City may reject all proposals in which such
Proposer is believed to be involved.
The City may reject proposals if two (2) or more Proposers are planning a merger, or are in
the process of merging with or acquiring other Proposers, and the City concludes that the
Proposers are not submitting bona fide or uncompromised proposals. In such cases, the
City may reject all proposals in which such Proposers are involved. Any and all
compromised proposals will be rejected if there is reason to believe that collusion exists
between Proposers.
1.11 LIMITATIONS ON PROPOSER'S RIGHTS
By submitting a proposal, each Proposer acknowledges and agrees that the submittal of a
proposal constitutes a binding offer by the Proposer and the offer shall not be withdrawn
for at least ninety (90) days after the proposal is delivered to the City. Further, by
submitting a proposal, each Proposer acknowledges and agrees that: (a) no enforceable
contract will arise between the City and the Proposer unless the City signs the Agreement
with the Proposer; (b) no action will lie against the City to compel the City to execute the
Agreement or any other contract at any time; (c) the City is not obligated to award its
Agreement to the Proposer that offers the lowest prices to the City; (d) the City shall be the
sole judge of the procedure used to select the best proposal, and the determination of
which proposal is most advantageous to or in the best interests of the City; and (e) each
Proposer waives any and all claims it may have to damages, lost profits, costs, expenses,
attorneys' fees, or other injuries if the City decides it will not sign the Agreement with the
Proposer.
1.12 MISTAKES
Proposers are expected to carefully examine the specifications in this RFP. FAILURE
TO DO SO WILL BE AT PROPOSER'S RISK. In the event of arithmetic error(s), the
unit price will prevail and the Proposer's total offer will be corrected accordingly. Written
amounts shall take precedence over numerical amounts. Proposals having erasures or
corrections must be initialed in blue ink by the Proposer. Failure to do so may result in
the rejection of the proposal.
1.13 LIMITED OR CONDITIONAL PROPOSALS
The City will not accept additional terms or conditions that
proposal. A Proposer shall not attempt to limit, restrict,
Proposer's adjustments, changes to, or deviations from the
0
a Proposer includes with its
or qualify its proposal. A
RFP will not be accepted by
the City. Any and all such terms, conditions, limitations, and qualifications shall have no
force and effect.
1.14 CONFLICTS OF INTEREST
Each Proposer must disclose the name of any officer, director, agent, or employee of the
Proposer, or any relative of an officer, director, agent, or employee of the Proposer that is
also an employee of the City.
Further, all Proposers must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its
subsidiaries or affiliates. No Proposer may own or have a financial interest in more than
ten percent (10%) of any other Proposer, regardless of whether such ownership is direct or
through a parent, subsidiary or holding company or any other business entity.
1.15 LEGAL REQUIREMENTS
Each Proposer must comply with all federal, state, and local laws, ordinances, rules and
regulations that are applicable to this RFP and the work to be performed under the
Agreement. The Proposer's lack of knowledge about the Applicable Law shall not be
grounds for relief from such laws, or constitute a defense against the enforcement of such
laws.
By submitting a proposal in response to this RFP, the Proposer represents that the
Proposer is familiar with all federal, state, and local laws, ordinances, rules and regulations
that are applicable to the services required under this RFP. If a Proposer discovers any
provision in this RFP that is contrary to or inconsistent with any Applicable Law, the
Proposer shall promptly report it to the City's Chief Purchasing Officer.
1.16 PUBLIC ENTITY CRIMES
Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not submit a
proposal on a contract with a public entity for the construction or repair of a public building
or public work, may not submit a proposal on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor or consultant
under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list. Each
Proposer must certify that the Proposer is not subject to these prohibitions regarding public
entity crimes. See Form 2.
1.17 ANTI -DISCRIMINATION
The City is committed to assuring equal opportunity in the award of contracts and,
therefore, complies with all laws prohibiting discrimination. The Successful Proposer will
be prohibited from discriminating against any employee, applicant, or client because of
race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual
orientation, or gender identity or expression.
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1.18 LITIGATION CONCERNING THE RFP AND AGREEMENT
By submitting a proposal, the Proposer agrees that: (a) any and all legal actions
necessary to interpret or enforce this RFP or the Agreement shall be governed by the laws
of the State of Florida; and (b) the exclusive venue for any litigation concerning this RFP or
the Agreement shall be the state and federal courts in and for Palm Beach County, Florida.
1.19 ADVERTISING
By submitting a proposal, each Proposer agrees not to use the results of said submittal as
a part of any advertising or Proposer sponsored publicity without the express prior written
approval of the City.
1.20 PUBLIC RECORDS
Any material submitted in response to this RFP will become a public record and shall be
subject to public disclosure consistent with the Public Records Law (Chapter 119, Florida
Statutes), except as may be provided by the Public Records Law or other applicable state
or federal law. If a Proposer contends that part of its proposal is not subject to disclosure,
the Proposer shall identify specifically any information contained in the proposal that the
Proposer considers confidential or otherwise exempt from disclosure under the Public
Records Law, and the Proposer shall cite the specific section of the law creating the
exemption for such information. The City reserves its right to make all determinations
concerning the applicability of the Public Records Law to any documents submitted in
response to this RFP. The City shall have no liability to a Proposer for the public
disclosure of any material submitted to the City in response to this RFP.
1.21 DRUG-FREE WORKPLACE
Each Proposer must certify that it has a Drug -Free Workplace ("DFW") program. Each
vendor must complete and submit the attached DFW form (Form 3) with its proposal.
1.22 FUNDING IS CONTINGENT
The obligations of the City under this RFP and the Agreement are subject to the availability
of funds lawfully appropriated for such purposes.
1.23 INSURANCE
The selected Proposer shall not commence any performance pursuant to the terms of this
RFP until certification or proof of insurance has been received and approved by the City's
Risk Management Office. The required insurance coverage is to be issued by an insurance
company authorized and licensed to do business in the State of Florida, with the minimum
rating of A- or better, in accordance with the latest edition of A.M. Best's Insurance Guide.
This insurance shall be documented in certificates of insurance, which provides that the
City of Delray Beach shall be notified at least thirty (30) days in advance of cancellation,
non -renewal, or adverse change. The receipt of certificates or other documentation of
insurance or policies or copies of policies by the City or by any of its representatives, which
indicate less coverage than is required, does not constitute a waiver of the selected
Proposer's obligation to fulfill the insurance requirements herein. Deductibles must be
acceptable to the City of Delray Beach. The selected Proposer must submit a current
Certificate of Insurance, naming the City of Delray Beach as an additional insured and list
as such on the insurance certificate. New certificates of insurance are to be provided to the
City upon expiration.
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1.24 TAXES
The City is exempt from federal excise and state sales taxes. Vendors and contractors
doing business with the City shall not be exempted from paying sales tax to their suppliers
for materials used to fulfill contractual obligations with the City. Vendors/Contractors shall
not be authorized to use the City's tax exemption number when securing such materials.
1.25 PROTEST PROCEDURES
As noted above, the Commission will review each proposal in two (2) phases. During
Phase One, the Commission will determine whether each Proposer is responsive. During
Phase Two, the Commission will determine whether each Proposer is responsible. If the
Commission determines that a Proposer is not responsive or not responsible, the Chief
Purchasing Officer shall post notice of the Commission's determination in City Hall. The
Chief Purchasing Officer also shall post notice in City Hall after the City Commission
selects the Successful Proposer. Any Proposer who is aggrieved by the decisions of the
Selection Committee or the City Commission may file a protest pursuant to Section 36.04
(entitled "Protest Procedures") of the Delray Beach Code of Ordinances. However, nothing
contained in this RFP shall be deemed to limit the authority of the City Commission under
special or general law.
1.26 LOBBYING
All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance
(Section 2-351 of the Palm Beach County Code of Ordinances) applies to the City and this
RFP. Any violation of this requirement may cause the Proposer to be disqualified and
prohibited from participating further in the RFP process.
1.27 LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE
Proposers are advised that a Cone of Silence will be in effect during this RFP. The Cone
of Silence prohibits any communications, except written correspondence, regarding this
RFP, between the Proposers or any Person representing the Proposers, and any member
of the City Commission, the Commission's staff, any City employee authorized to act on
behalf of the City to award the contract under this RFP, or any member of the Selection
Committee. The Cone of Silence will commence and take effect at the deadline for
submitting proposals, as indicated in Section 1.7, above. All written correspondence with
the City must be directed to the Chief Purchasing Officer, who is the only Person
authorized to receive such documents.
Section 36.13 of the City Code provides "[a]ny person participating in a competitive
solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County
Code of Ordinances." The County Code provides as follows:
,,a. 'Cone of silence' means a prohibition on any communication, except for written
correspondence, regarding a particular request for proposal, request for
qualification, bid, or any other competitive solicitation between:
(1) Any person or person's representative seeking an award from such
competitive solicitation; and
(2) Any county commissioner or commissioner's staff, any member of a
local governing body or the member's staff, a mayor or chief executive
officer that is not a member of a local governing body or the mayor or
chief executive officer's staff, or any employee authorized to act on
11
behalf of the commission or local governing body to award a particular
contract.
b. For the purposes of this section, a person's representative shall include but not
be limited to the person's employee, partner, officer, director, consultant,
lobbyist, or any actual or potential subcontractor or consultant of the person.
c. The cone of silence shall be in effect as of the deadline to submit the proposal,
bid, or other response to a competitive solicitation. The cone of silence applies
to any person or person's representative who responds to a particular request
for proposal, request for qualification, bid, or any other competitive solicitation,
and shall remain in effect until such response is either rejected by the county or
municipality as applicable or withdrawn by the person or person's
representative. Each request for proposal, request for qualification, bid or any
other competitive solicitation shall provide notice of cone of silence
requirements and refer to this article.
d. The provisions of this article shall not apply to oral communications at any
public proceeding, including pre-bid conferences, oral presentations before
selection committees, contract negotiations during any public meeting,
presentations made to the board or local municipal governing body as
applicable, and protest hearings. Further, the cone of silence shall not apply to
contract negotiations between any employee and the intended awardee, any
dispute resolution process following the filing of a protest between the person
filing the protest and any employee, or any written correspondence at any time
with any employee, county commissioner, member of a local municipal
governing body, mayor or chief executive officer that is not a member of the
local municipal governing body, or advisory board member or selection
committee member, unless specifically prohibited by the applicable competitive
solicitation process.
e. The cone of silence shall not apply to any purchases made in an amount less
than the competitive bid threshold set forth in the county purchasing ordinance
(County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or
municipal ordinance as applicable.
The cone of silence shall terminate at the time the board, local municipal
governing body, or a county or municipal department authorized to act on
behalf of the board or local municipal governing body as applicable, awards or
approves a contract, rejects all bids or responses, or otherwise takes action
which ends the solicitation process.
g. Any contract entered into in violation of the cone of silence provisions in this
section shall render the transaction voidable."
1.28 OFFICE OF THE INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General, which is
authorized and empowered to review past, present and proposed city contracts,
transactions, accounts and records. The City has entered into an Inter -local Agreement for
Inspector General Services. This agreement provides for the Inspector General to provide
services to the City in accordance with the City functions and powers set out in the Palm
Beach County Office of Inspector General Ordinance. All parties doing business with the
12
City and receiving City funds shall fully cooperate with the Inspector General, including
providing access to records relating to the Agreement. The Inspector General has the
power to subpoena witnesses, administer oaths, require the production of records, and
audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents,
employees, and lobbyists in order to ensure compliance with contract specifications and
detect corruption and fraud.
Failure to cooperate with the Inspector General, or interference with or impeding any
investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
1.29 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES
(CLEAN HANDS POLICY)
No proposal shall be accepted from, nor will any contract be awarded to, any Person that
is in arrears to the City for any debt or contract, or who is a defaulter, as surety or
otherwise, of any obligation to the City, or who is deemed irresponsible or unreliable by the
City. The City will be the sole judge of said determination.
1.30 PROHIBITION ON SCRUTINIZED COMPANIES
As provided in Section 287.135, Florida Statutes, by entering into any agreement with the
City, or performing any work in furtherance hereof, the Successful Proposer/Contractor
certifies that Contractor and Contractor's affiliates, suppliers, subcontractors and
consultants that will perform hereunder, have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities in the
Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes. If
the City determines, using credible information available to the public, that a false
certification has been submitted by the Successful Proposer/Contractor, the City's
Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice
the amount of the Agreement shall be imposed, pursuant to Section 287.135, Florida
Statutes.
1.31 COST OF PROPOSAL PREPARATION
The Proposer assumes all risks and expenses associated with the preparation and
submittal of a proposal in response to this RFP. The City shall not be liable for any
expenses incurred by the Proposer when responding to this RFP, including but not limited
to the cost of making presentations to the City.
32 SUBCONTRACTORS AND TEMPORARY LABOR
If a Proposer has entered into a contract with a Subcontractor or intends to enter into a
contract with a subcontractor to provide part or all of the services requested in this RFP,
the Proposer must identify the subcontractor in its proposal, and identify the services that
will be provided by the subcontractor. The Contractor shall be responsible for ensuring the
subcontractor's compliance with the requirements in the Agreement.
1.33 NO ASSIGNMENT OR TRANSFER OF PROPOSALS
Proposals shall not be assigned or transferred without the express written consent of the
City. This prohibition includes and applies to assignments and transfers resulting from a
sale or merger of a Proposer, or any other similar transaction that causes a material
change in the ownership, management, or control of a Proposer. The Proposer shall
immediately notify the City if the Proposer or a third -party releases any public information
(e.g., a press release; a filing with a state or federal agency) concerning a proposed sale
or merger of the Proposer, or any similar transaction that may materially change the
13
ownership, management, or control of the Proposer. Failure to comply with the
requirements in this Section may result in the Proposer being disqualified from the City's
RFP process. In all cases, the City shall have the exclusive authority to determine
whether the City should reject the Proposer's proposal in light of the proposed sale,
merger, acquisition, or other transaction. If the City discovers that a Proposer will be
purchased by or merged with another business entity prior to the execution of the
Agreement, the City shall have the sole right to determine whether the City will execute the
Agreement with the new entity.
1.34 LOCAL BUSINESS PREFERENCE
In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall
give preference to a Local Business if the Local Business' bid is determined to be within
five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest
responsible and responsive bidder.
14
SECTION 2: SCOPE OF WORK
2.1 AUTHORIZATION TO BIND PROPOSER
Each proposal must be manually signed by a Person who is legally authorized to bind the
Proposer to the proposal. Each proposal shall remain valid for at least ninety (90) days after
it is submitted to the City.
Proposals by corporations must be executed in the corporate name by the President or
Vice -President (or other corporate officer if accompanied by evidence of authority to sign)
and the corporate seal shall be affixed and attested to by the company's Secretary or an
Assistant Secretary. The corporate address and state of incorporation shall be shown below
the signature.
Proposals by partnerships must be executed in the partnership name and signed by a
partner. His or her title must appear under his or her signature and the official address of
the partnership must be shown below the signature.
2.2 PROPOSAL FORMAT
Each proposal shall be typewritten on 8'/2' x 11" white paper. The pages of the copies shall be
secured by staple, binding, three-ring binder, or similar closure. Proposals shall be organized
in chapters, as indicated in Table 2. Chapters shall be separated by tabs indicating the chapter
numbers.
All pages are to be consecutively numbered. If a form is provided and there is insufficient
space for a response on the form, the response may be continued on a blank page
immediately following the form. The additional pages shall be numbered the same as the form,
with the addition of the letter "a", "b", "c", etc. If a form is provided and additional copies of the
form are needed, the form may be copied by the Proposer. The copied pages shall be
numbered the same as the form, with the addition of the letter "a", "b", "c", etc.
Responses to this RFP must be complete and unequivocal. In instances where a response is
not required or a question is not applicable to the proposal, a response such as "no response
required" or "not applicable" shall be provided.
Table 2 - Proposal Format
Chapter 1
Letter of Intent and Form 1
Chapter 2
Proposer's Statement of Organization
Chapter 3
Qualifications
Chapter 4
References
Chapter 5
Optional: Additional information
Chapter 6
Form 2, Form 3 and Form 4
Chapter 7
Form 5 Acknowledgement of Addenda
Chapter 8
Form 6 Proposed Cost
15
2.3 SCOPE OF WORK
The City of Delray Beach intends to establish an agreement for the services of a qualified
State Legislative Lobbyist to serve as a consultant and advisor to act directly or solicit others
to act for the purpose of assisting with and/or represent the City Commission in policy,
legislative, appropriations, workforce issues, and technical matters that come before the
Governor, Cabinet, Legislature, state agencies, and economic development organizations.
The State Legislative Lobbyist must be able to provide a full scope of Legislative Lobbyist
services and demonstrate experience in areas listed below. The required services may
include, but are not limited to, the following:
• Routinely be present in Tallahassee when the Legislature is in session, and to attend
committee meetings on matters assigned by the City Commission and/or City Manager.
• Review pending legislation and communicate and meet with the Governor, Lt. Governor,
and staff; Cabinet members and staff; Legislative Committee staff; Legislators and staff;
Agency Directors and their staff members; and economic development agencies, and
workforce development, as necessary, on matters assigned by the City Commission
and/or City Manager.
• Provide written status reports when the Legislature is in session and other information
on a regular basis to the City Commission and City Manager, and provide an annual
report presented to the City Commission at a Commission meeting; and, appear at
Commission meetings as necessary to address the business of the City Commission.
• Provide information about legislative appropriations that will assist the City Commission
and staff in the discharge of their duties.
• Work on Legislative matters approved by the City Commission and those items in the
best interest of the City.
• Coordinate activities with lobbyists from business, economic development agencies, and
workforce development agencies as authorized by the City Commission and/or City
Manager.
• Monitor, identify and prioritize challenges and opportunities for the City with respect to
issues under consideration by the State Legislature and state and regional agencies.
• Complete in a timely fashion all forms and reports required of lobbyists by the state and
other relevant jurisdictions.
2.4 PROPOSAL FORMAT
Proposers shall prepare their proposals using the following format:
a) Chapter 1 - Letter of Transmittal: This letter will summarize in a brief and concise
manner, the Proposer's understanding of the Scope of Work and make a positive
commitment to lobby on behalf of the City of Delray Beach. The letter must name all
of the persons authorized to make representations for the Proposer, including the
titles, addresses, and telephone numbers of such persons. An official authorized to
negotiate for the Proposer must sign the Letter of Transmittal.
b) Chapter 2 - Organization Profile: This section of the proposal must describe the
Proposer, including the size, range of activities, etc. Each Proposer must be
authorized to do business in the State of Florida and, if a corporation must be
incorporated under the laws of one of the States of the United States, proof of same
must be provided.
c) Chapter 3 — Qualifications: The Proposer must emphasize its expertise in, and
experience with similar activities. The proposal must identify the primary individuals
responsible for supervising the work. The Proposer shall provide the City with the
resumes of the primary individuals. This Proposer should explain the Scope of Work
16
as understood by the Proposer and detail the approach, activities and work products
to be provided.
d) Chapter 4 — References: Identify five (5) current government clients. Supply the
following information for each reference:
(1) Organization Name
(2) Contact Name
(3) Contact Title
(4) Contact Phone Number
(5) Contact email address
e) Chapter 5 — Optional: Additional information: Any additional information which the
Proposer considers pertinent for consideration should be included in a separate
section of the proposal.
17
SECTION 3: FORMS FOR PROPOSALS
Each Proposer must complete and submit the six (6) forms included in this Section 3 of the
RFP. A Proposer may be disqualified if its forms are not completed fully and in compliance
with the instructions contained herein.
Form 1.
Proposer's Submittal
Form 2.
Public Entity Crimes
Form 3.
Drug -Free Workplace
Form 4.
Conflict of Interest
Form 5.
Acknowledgement of Addenda
Form 6.
Cost Proposal
18
FORM 1
Proposal Submittal Signature Page
By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as ar
entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions.
Firm Name:
Street Address:
Mailing Address (if different from Street Address):
Telephone Number(s):
Fax Number(s):
Email Address:
Federal Employer Identification Number:
Firm Name
Signature
Name and Title(Print or Type)
Date
By signing this document, the Proposer agrees to all terms and conditions of this Solicitation
and the resulting contract/agreement.
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF
PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN
THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED
REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY
MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT
INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
PROPOSER TO THE TERMS OF ITS PROPOSAL.
19
FORM 2
Public Entity Crimes
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate
who has been placed on the convicted contractors list following a conviction for a public entity
crime may not submit a proposal on a contract to provide any goods or services to a public
entity; may not submit a proposal on a contract with a public entity for the construction or repair
of a public building or public work; may not submit proposals on leases or real property to a
public entity; may not be awarded or perform work as a contractor, supplier, sub -Proposer, or
consultant under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two
[$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted
contractors list.
Acknowledged by:
Firm Name
Signature
Name and Title(Print or Type)
Date
20
FORM 3
Drug -Free Workplace
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by the
State of by any political subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie bids will be followed if
none of the tied vendors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with the following
requirements:
1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) This firm informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3) This firm gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by
the terms of the statement and will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893
or of any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6) This firm will continue to make a good faith effort to maintain a drug-free workplace through
implementation of this section.
Firm Name
Signature
Name and Title(Print or Type)
Date
21
FORM 4
Conflict of Interest Disclosure Form
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All
Proposers must disclose within their proposal: the name of any officer, director, or agent who is
also an employee of the City of Delray Beach.
Furthermore, all Proposers must disclose the name of any City employee who owns, directly or
indirectly, an interest of more than five percent (5%) in the Proposer's firm or any of its
branches.
The purpose of this disclosure form is to give the City the information needed to identify
potential conflicts of interest for evaluation team members and other key personnel involved in
the award of this contract.
The term "conflict of interest" refers to situations in which financial or other personal
considerations may adversely affect, or have the appearance of adversely affecting, an
employee's professional judgment in exercising any City duty or responsibility in administration,
management, instruction, research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
To the best of our knowledge, the undersigned firm has no potential conflict of
interest due to any other Cities, Counties, contracts, or property interest for this proposal.
The undersigned firm, by attachment to this form, submits information which may be
a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this
proposal.
Acknowledged by:
Firm Name
Signature
Name and Title(Print or Type)
Date
22
FORM 5
Acknowledgement of Addenda
The Proposer hereby acknowledges the receipt of the following addenda, which were issued by
the City and incorporated into and made part of this RFP. The Proposer acknowledges that it is
solely responsible for ensuring that it is aware of, and in receipt of, all addenda.
ADDENDUM DATE PRINT NAME OF TITLE OFSIGNATURE OF
NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S
AGENT AGENT AGENT
23
/_1
Form 6
Cost Proposal
Fee Schedule Cost
Annual Cost not to exceed including all expenses $
B. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same
price, terms, and conditions of this bid to other Palm Beach, Martin, Broward and Dade
County Governmental agencies?
❑ Yes ❑ No
C. BID INFORMATION WAS OBTAINED FROM:
❑ DemandStar ❑ Newspaper Ad ❑ City Hall ❑ Email
❑ Other, please specify:
24
SECTION 4: AGREEMENT
AGREEMENT
BETWEEN
THE CITY OF DELRAY BEACH
and
for
RFP #
This is an Agreement ("Agreement"), made and entered into by and between: Delray
Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City,"
and
a Florida corporation, hereinafter referred to as
"Second Party," (collectively referred to as the "Parties").
WITNESSETH:
In consideration of the mutual terms, conditions, promises, covenants, and payments
hereinafter set forth, the Parties agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
The following definitions apply unless the context in which the word or phrase is used
requires a different definition:
1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents
that are expressly incorporated herein by reference.
1.2 Board - The City Commission of Delray Beach, Florida.
1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray
Beach Division. The primary responsibilities of the Contract Administrator
are to coordinate and communicate with Second Party and to manage and supervise
execution and completion of the Scope of Services and the terms and conditions of this
Agreement as set forth herein. In the administration of this Agreement, as contrasted
with matters of policy, all Parties may rely on the instructions or determinations made by
the Contract Administrator; provided, however, that such instructions and determinations
do not change the Scope of Services.
1.4 City Manager - The administrative head of City appointed by the Board.
1.5 City Attorney - The chief legal counsel for City appointed by the Board.
25
1.6 Project - The Project consists of the services described in Article 2.
ARTICI F 2
SCOPE OF SERVICES
2.1 Second Party shall perform all work identified in this Agreement and Exhibit "A". The
Scope of Services is a description of Second Party's obligations and responsibilities and
is deemed to include preliminary considerations and prerequisites, and all labor,
materials, equipment, and tasks which are such an inseparable part of the work
described that exclusion would render performance by Second Party impractical,
illogical, or unconscionable.
2.2 Second Party acknowledges that the Contract Administrator has no authority to make
changes that would increase, decrease, or otherwise modify the Scope of Services to be
provided under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and
shall end on . The continuation of this Agreement beyond the end
of any fiscal year shall be subject to both the appropriation and the availability of funds in
accordance with Florida law.
3.2 All duties, obligations, and responsibilities of Second Party required by this Agreement
shall be completed no later than Time shall be deemed to be of the
essence in performing the duties, obligations, and responsibilities required by this
Agreement.
3.3 In the event services are scheduled to end due to the expiration of this Agreement, the
Second Party agrees that it shall continue service upon the request of the Contract
Administrator. The extension period shall not extend for greater than three months
beyond the term of the Agreement. The Second Party shall be compensated for the
service at the rate in effect when the extension is invoked by the City upon the same
terms and conditions as contained in this Agreement as amended. The Chief Purchasing
Officer shall notify Second Party of an extension authorized herein by written notice
delivered prior to the end of the term of the Agreement.
ARTICLE 4
COMPENSATION
4.1 City will pay Second Party, in the manner specified in Section 4.3, the total amount of
Dollars ($ ) for work actually
performed and completed pursuant to this Agreement. Second Party acknowledges that
this amount is the maximum payable and constitutes a limitation upon City's obligation to
compensate Second Party for its services and expenses related to this Agreement. This
maximum amount, however, does not constitute a limitation, of any sort, upon Second
Party's obligation to perform all items of work required by or which can be reasonably
inferred from the Scope of Services.
26
4.2 METHOD OF BILLING AND PAYMENT
4.2.1 Second Party may submit invoices for compensation no more often than on a
monthly basis, but only after the services for which the invoices are submitted
have been completed. An original invoice plus one copy are due within fifteen
(15) days of the end of the month except the final invoice which must be received
no later than sixty (60) days after this Agreement expires. Invoices shall
designate the nature of the services performed.
4.2.2 City shall pay Second Party within thirty (30) calendar days of receipt of Second
Party's proper invoice, or as required by Florida Law. To be deemed proper, all
invoices must comply with the requirements set forth in this Agreement and must
be submitted on the form and pursuant to instructions prescribed by the Contract
Administrator. Payment may be withheld for failure of Second Party to comply
with a term, condition, or requirement of this Agreement.
4.2.3 Second Party shall pay its subcontractors and suppliers within thirty (30) days
following receipt of payment from City for such subcontracted work or supplies. If
Second Party withholds an amount from subcontractors or suppliers as
retainage, such retainage shall be released and paid within thirty (30) days
following receipt of payment of retained amounts from City.
4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in
whole or in part, payment to the extent necessary to protect itself from loss on account of
inadequate or defective work which has not been remedied or resolved in a manner
satisfactory to the Contract Administrator or failure to comply with this Agreement. The
amount withheld shall not be subject to payment of interest by City.
4.4 Payment shall be made to Second Party at:
27
ARTICLF 5
INDEMNIFICATION
Second Party shall at all times hereafter indemnify, hold harmless and, at the City
Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its
officers, agents, servants, and employees from and against any and all causes of action,
demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court
costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless
act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including, without limitation,
any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature
whatsoever resulting from injuries or damages sustained by any person or property. In the
event any lawsuit or other proceeding is brought against City by reason of any such claim,
cause of action, or demand, Second Party shall, upon written notice from City, resist and defend
such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney
selected by City Attorney to defend City. The obligations of this section shall survive the
expiration or earlier termination of this Agreement. To the extent considered necessary by the
Contract Administrator and the City Attorney, any sums due Second Party under this Agreement
may be retained by City until all of City's claims for indemnification pursuant to this Agreement
have been settled or otherwise resolved. Any amount withheld shall not be subject to payment
of interest by City.
ARTICLE 5
INSURANCE
6.1 Second Party shall maintain at its sole expense, at all times during the term of this
Agreement (unless a different time period is otherwise stated herein), at least the
minimum insurance coverage designated in Exhibit "B" in accordance with the terms
and conditions stated in this Article.
6.2 Such policies shall be issued by companies authorized to do business in the State of
Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on
forms no more restrictive than the latest edition of the applicable form filed by the
Insurance Services Office. Second Party shall name City as an additional insured under
the primary and non-contributory Commercial General Liability policy, Business
Automobile Liability policy as well as on any Excess Liability policy. The official title of
the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in
all insurance documentation.
6.3 Within fifteen (15) days of notification of award, Second Party shall provide to City proof
of insurance in the form of Certificate(s) of Insurance and applicable endorsements,
Declaration pages, or insurance policies evidencing all insurance required by this Article.
City reserves the right to obtain a certified copy of any policies required by the Article
upon request. Coverage is not to cease and is to remain in force until the City
determines all performance required of Second Party is completed. For Professional
Liability Insurance, coverage shall remain in force for two (2) years after the completion
of services unless a different time period is stated in Exhibit "B." City shall be notified of
any restriction or cancellation of coverage within thirty (30) days. If any of the insurance
coverage will expire prior to the completion of the work, proof of insurance renewal shall
be provided to City upon expiration.
28
6.4 City reserves the right to review and revise any insurance requirements at the time of
renewal or amendment of this Agreement, including, but not limited to, deductibles,
limits, coverage, and endorsements.
6.5 If Second Party uses a subconsultant or subcontractor, Second Party shall ensure that
each subconsultant or subcontractor names "City of Delray Beach, Florida" as an
additional insured under the subconsultant's or subcontractor's Commercial General
Liability, Business Automobile Liability, and Excess/Umbrella policies.
ARTICLE 7
TERMINATION
7.1 This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice
from the aggrieved party identifying the breach. This Agreement may also be terminated
for convenience by the Board. Termination for convenience by the Board shall be
effective on the termination date stated in written notice provided by City, which
termination date shall be not less than thirty (30) days after the date of such written
notice. This Agreement may also be terminated by the City Manager upon such notice
as the City Manager deems appropriate under the circumstances in the event the City
Manager determines that termination is necessary to protect the public health, safety, or
welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such
termination shall be deemed a termination for convenience, which shall be effective thirty
(30) days after such notice of termination for cause is provided.
7.2 This Agreement may be terminated for cause for reasons including, but not limited to,
Second Party's repeated (whether negligent or intentional) submission for payment of
false or incorrect bills or invoices, failure to suitably perform the work, or failure to
continuously perform the work in a manner calculated to meet or accomplish the
objectives as set forth in this Agreement. The Agreement may also be terminated for
cause if the Second Party is placed 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, Florida Statutes, or if the Second Party
provides a false certification submitted pursuant to Section 287.135, Florida Statutes.
This Agreement may also be terminated by the Board:
7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this
Agreement except that notice of termination by the City Manager, which the City
Manager deems necessary to protect the public health, safety, or welfare may be verbal
notice that shall be promptly confirmed in writing in accordance with the "NOTICES"
section of this Agreement.
7.4 In the event this Agreement is terminated for convenience, Second Party shall be paid
for any services properly performed under the Agreement through the termination date
specified in the written notice of termination. Second Party acknowledges that it has
received good, valuable and sufficient consideration from City, the receipt and adequacy
of which are, hereby acknowledged by Second Party, for City's right to terminate this
Agreement for convenience.
7.5 In the event this Agreement is terminated for any reason, any amounts due Second
Party shall be withheld by City until all documents are provided to City pursuant to
Section 9.1 of Article 9.
29
ARTICLE 8
NON-DISCRIMINATION
8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation,
pregnancy, or gender identity and expression in the performance of this Agreement.
Failure by Second Party to carry out any of these requirements shall constitute a
material breach of this Agreement, which shall permit the City, to terminate this
Agreement or to exercise any other remedy provided under this Agreement, or under the
Delray Beach Code of Ordinances or under applicable law, with all of such remedies
being cumulative.
Second Party shall include the foregoing or similar language in its contracts with any
subcontractors or subconsultants, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the
non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with
the foregoing requirements is a material breach of this Agreement, which may result in
the termination of this Agreement or such other remedy as City deems appropriate.
Second Party shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement and shall not otherwise unlawfully discriminate in violation of any State or
Federal law. Second Party shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition, Second
Party shall take affirmative steps to prevent discrimination in employment against
disabled persons.
By execution of this Agreement, Second Party represents that it has not been placed on
the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City
hereby materially relies on such representation in entering into this Agreement. An
untrue representation of the foregoing shall entitle City to terminate this Agreement and
recover from Second Party all monies paid by City pursuant to this Agreement, and may
result in debarment from City's competitive procurement activities.
ARTICLE 9
MISCELLANEOUS
9.1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of City, and,
if a copyright is claimed, Second Party grants to City a non-exclusive license to use the
copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute
copies to the public. In the event of termination of this Agreement, any reports,
photographs, surveys, and other data and documents prepared by Second Party,
whether finished or unfinished, shall become the property of City and shall be delivered
by Second Party to the Contract Administrator within seven (7) days of termination of
this Agreement by either party. Any compensation due to Second Party shall be
withheld until all documents are received as provided herein.
30
9.2 PUBLIC RECORDS
City is a public agency subject to Chapter 119, Fla. Stat. Second Party shall comply with
all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with
state law, Purchaser agrees to:
9.2.1 Keep and maintain all records that ordinarily and necessarily would be required
by the City.
9.2.2 Provide the public with access to public records on the same terms and
conditions that the City would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
9.2.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
9.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the
City all records in possession of the Second Party at the termination of the
contract and destroy any public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. All records shall be transferred to the
City prior to final payment being made to the Second Party.
9.2.5 If Second Party does not comply with this section, the City shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
9.3 INSPECTOR GENERAL.
Second Party is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this contract, and may demand and obtain records and testimony from Second Party and
its sub licensees and lower tier sub licensees. Second Party understands and agrees
that in addition to all other remedies and consequences provided by law, the failure of
Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the
Inspector General when requested may be deemed by the City to be a material breach
of this Agreement justifying its termination.
9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS
City shall have the right to audit the books, records, and accounts of Second Party and
its subcontractors that are related to this Project. Second Party and its subcontractors
shall keep such books, records, and accounts as may be necessary in order to record
complete and correct entries related to the Project. All books, records, and accounts of
Second Party and its subcontractors shall be kept in written form, or in a form capable of
conversion into written form within a reasonable time, and upon request to do so,
Second Party or its subcontractor, as applicable, shall make same available at no cost
to City in written form.
Second Party and its subcontractors shall preserve and make available, at reasonable
times for examination and audit by City, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for the required
retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if
31
applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of
three (3) years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the retention period or three (3)
years, whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for City's disallowance and recovery of any payment upon
such entry.
Second Party shall ensure that the requirements of this Section 9.3 are included in all
agreements with its subcontractor(s).
9.5 TRUTH -IN -NEGOTIATION REPRESENTATION
Second Party's compensation under this Agreement is based upon representations
supplied to City by Second Party, and Second Party certifies that the information
supplied is accurate, complete, and current at the time of contracting. City shall be
entitled to recover any damages it incurs to the extent such representation is untrue.
9.6 PUBLIC ENTITY CRIME ACT
Second Party represents that the execution of this Agreement will not violate the Public
Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a
person or affiliate who is a contractor, consultant, or other provider and who has been
placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services to City, may not submit a
bid on a contract with City for the construction or repair of a public building or public
work, may not submit bids on leases of real property to City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
City, and may not transact any business with City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two purchases for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result in termination of this Agreement and recovery of all
monies paid by City pursuant to this Agreement, and may result in debarment from City's
competitive procurement activities.
In addition to the foregoing, Second Party further represents that there has been no
determination, based on an audit, that it committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with
committing an act defined as a "public entity crime" regardless of the amount of money
involved or whether Second Party has been placed on the convicted vendor list.
9.7 INDEPENDENT CONTRACTOR
Second Party is an independent contractor under this Agreement. Services provided by
Second Party pursuant to this Agreement shall be subject to the supervision of Second
Party. In providing such services, neither Second Party nor its agents shall act as
officers, employees, or agents of City. No partnership, joint venture, or other joint
relationship is created hereby. City does not extend to Second Party or Second Party's
agents any authority of any kind to bind City in any respect whatsoever.
9.8 THIRD PARTY BENEFICIARIES
Neither Second Party nor City intends to directly or substantially benefit a third party by
this Agreement. Therefore, the Parties acknowledge that there are no third party
32
beneficiaries to this Agreement and that no third party shall be entitled to assert a right
or claim against either of them based upon this Agreement.
9.9 NOTICES
Whenever either Party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or sent by
commercial express carrier with acknowledgement of delivery, or by hand delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for
whom it is intended at the place last specified. The place for giving notice shall remain
the same as set forth herein until changed in writing in the manner provided in this
section. For the present, the Parties designate the following:
For City:
City Hall, Room
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
For Second Party:
9.10 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any right or interest herein shall be assigned, transferred, or
encumbered without the written consent of the other Party. In addition, Second Party
shall not subcontract any portion of the work required by this Agreement, except as may
specifically provided for herein. Notwithstanding the Termination provision of this
Agreement, City may terminate this Agreement, effective immediately, if there is any
assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this
Agreement or any right or interest herein without City's written consent.
Second Party represents that each person who will render services pursuant to this
Agreement is duly qualified to perform such services by all appropriate governmental
authorities, where required, and that each such person is reasonably experienced and
skilled in the area(s) for which he or she will render his or her services.
Second Party shall perform its duties, obligations, and services under this Agreement in
a skillful and respectable manner. The quality of Second Party's performance and all
interim and final product(s) provided to or on behalf of City shall be comparable to the
best local and national standards.
9.11 CONFLICTS
Neither Second Party nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Second Party's loyal and conscientious exercise of judgment and care
related to its performance under this Agreement.
33
None of Second Party's officers or employees shall, during the term of this Agreement,
serve as an expert witness against City in any legal or administrative proceeding in
which he, she, or Second Party is not a party, unless compelled by court process.
Further, such persons shall not give sworn testimony or issue a report or writing, as an
expression of his or her expert opinion, which is adverse or prejudicial to the interests of
City in connection with any such pending or threatened legal or administrative
proceeding unless compelled by court process. The limitations of this section shall not
preclude Second Party or any persons in any way from representing themselves,
including giving expert testimony in support thereof, in any action or in any administrative
or legal proceeding.
In the event Second Party is permitted pursuant to this Agreement to utilize
subcontractors to perform any services required by this Agreement, Second Party shall
require such subcontractors, by written contract, to comply with the provisions of this
section to the same extent as Second Party.
9.12 MATERIALITY AND WAIVER OF BREACH
Each requirement, duty, and obligation set forth herein was bargained for at arm's-length
and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement, and each is, therefore, a
material term hereof.
City's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not
be construed to be a modification of the terms of this Agreement.
9.13 COMPLIANCE WITH LAWS
Second Party shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
9.14 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction to
be invalid, the remaining provisions shall continue to be effective unless City or Second
Party elects to terminate this Agreement. An election to terminate this Agreement based
upon this provision shall be made within seven (7) days of final court action, including all
available appeals.
9.15 JOINT PREPARATION
The Parties and their counsel have participated fully in the drafting of this Agreement
and acknowledge that the preparation of this Agreement has been their joint effort. The
language agreed to expresses their mutual intent and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against one of the
Parties than the other. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
9.16 INTERPRETATION
The headings contained in this Agreement are for reference purposes only and shall not
affect in any way the meaning or interpretation of this Agreement. All personal pronouns
34
used in this Agreement shall include the other gender, and the singular shall include the
plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to
any particular sentence, paragraph, or section where they appear, unless the context
otherwise requires. Whenever reference is made to a Section or Article of this
Agreement, such reference is to the Section or Article as a whole, including all of the
subsections of such Section, unless the reference is made to a particular subsection or
subparagraph of such Section or Article.
9.17 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or
any document incorporated into this Agreement by reference and a term, statement,
requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 shall prevail and be given
effect.
9.18 LAW. JURISDICTION. VENUE. WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and governed by
the laws of the state of Florida. All Parties agree and accept that jurisdiction of any
controversies or legal problems arising out of this Agreement, and any action involving
the enforcement or interpretation of any rights hereunder, shall be exclusively in the
state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue
for litigation arising out of this Agreement shall be exclusively in such state courts,
forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY
AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT
ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER
PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST
FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES
AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY
TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN
ADJUDICATING THE MOTION.
9.19 AMENDMENTS
The Parties may amend this Agreement to conform to changes in federal, state, or local
laws, regulations, directives, and objectives. No modification, amendment, or alteration
in the terms or conditions contained herein shall be effective unless contained in a
written document prepared with the same or similar formality as this Agreement and
executed by the Board and Second Party or others delegated authority to or otherwise
authorized to execute same on their behalf.
9.20 PRIOR AGREEMENTS
This document represents the final and complete understanding of the Parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document. Accordingly, no deviation from
35
the terms hereof shall be predicated upon any prior representation or agreement,
whether oral or written.
9.21 PAYABLE INTEREST
9.21.1 Payment of Interest. Except as required by the Prompt Payment laws,
City shall not be liable for interest for any reason, whether as prejudgment
interest or for any other purpose, and in furtherance thereof Second Party
waives, rejects, disclaims and surrenders any and all entitlement it has or
may have to receive interest in connection with a dispute or claim based
on or related to this Agreement.
9.21.2 Rate of Interest. In any instance where the prohibition or limitations of
Section 9.21.1 are determined to be invalid or unenforceable, the annual
rate of interest payable by City under this Agreement, whether as
prejudgment interest or for any other purpose, shall be .025 percent
simple interest (uncompounded).
9.22 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by
the Parties. The attached Exhibits
of this Agreement.
9.23 REPRESENTATION OF AUTHORITY
are incorporated into and made a part
Each individual executing this Agreement on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf
of such party and does so with full legal authority.
9.24 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by all Parties, each of which, bearing
original signatures, shall have the force and effect of an original document.
36
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
City through its Board, signing by and through its Mayor or Vice -Mayor, authorized to execute
same by Board action on the day of , 20 , and Second Party,
signing by and through its , duly authorized to execute same.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk By
APPROVED AS TO FORM:
City Attorney
WITNESSES:
37
Mayor
day of , 20
SECOND PARTY
as
, President
day of , 20
(SEAL)
EXHIBIT A
SCOPE OF SERVICES
38
EXHIBIT B
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
Second Party shall not commence operations under the terms of this Agreement until
certification or proof of insurance, detailing terms and provisions of coverage, has been received
and approved by the City of Delray Beach Risk Manager. If you have any questions call (561)
243-7150.
The following insurance coverage shall be required.
A. Worker's Compensation Insurance covering all employees and providing benefits as
required by Florida Statute 440 and including Employers Liability coverage, regardless of
the size of your firm. Second Party further agrees to be responsible for employment,
control and conduct of its employees and for any injury sustained by such employees in
the course and scope of their employment.
B. General liability insurance with a minimum limit of $1,000,000 per occurrence and
$2,000,000 in the aggregate annually, providing coverage for Premises and Operations,
Products and Completed Operations, Fire Legal Liability, and Personal and Advertising
Injury Liability. Insurance Policies must be obtained through insurance companies that
are authorized to transact business in the State of Florida by the Department of Financial
Services, and they must carry a minimum rating of A.M. Best of A- as to management
and VII as to financial size.
C. Motor Vehicle Liability Insurance covering all vehicles associated with Second Party
operations to include all owned, non -owned and hired vehicles.
The coverage will be written on an occurrence basis with limits of liability not less than
$1,000,000.00 combined single limit per each occurrence.
D. The certification or proof of insurance must contain a provision for notification to the City
thirty (30) days in advance of any material change in coverage, non -renewal or
cancellation.
Second Party shall furnish to the City, Certificate(s) of Insurance evidencing insurance required
by the provisions set forth above, within ten (10) days prior contraction execution. If any of the
above coverages expire during the term of this Agreement, Second Party will provide a renewal
certificate at least ten (10) days prior to expiration.
Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1St Avenue, Delray Beach, Florida
33444 with a copy to Assistant City Manager, 100 N.W. 1St Avenue, Delray Beach, FL 33444
39
State Legislative Lobbyist
City of Delray Beach
RFP 2015-76
Southern
Ballard
Gray Robinson,
Strategy Group,
Wexford
Partners
P.A.
Inc.
Strategies
Annual Cost not to exceed including
all expenses
$45,000
$40,000
$36,000
$36,000
[IT4 OF DELRp4 BE�I[H
Selection Committee Guidelines
The City of Delray Beach Purchasing Department has established the following Selection
Committee Guidelines to provide a selection process that is fair and equitable for all responders
to the City of Delray Beach's RFP/RFQs.
Intant-
These guidelines provide a summary of the expectations, rules, processes and procedures
applicable to the evaluation of all City issued RFP/RFQs.
Committee Task:
To evaluate written responses to a duly advertised and solicited RFP/RFQ and rank the
respondents and determine whether or not presentations should be held with the top short listed
firms or individuals.
Conflict of Interest:
Selection Committee members must have no personal or financial interest with any proposer
submitting a proposal. A conflict of interest is defined as a situation in which a selection
committee member has, or appears to have, a financial or familial relationship with a Proposer.
In the event a Committee member feels there is a conflict of interest with any organization
submitting a response, they must excuse themselves from serving as an evaluator. Failure to
keep the process free of influences may result in the rescindment of the RFP/RFQ.
Responsibilities:
Each member of the Selection Committee has the responsibility to read, understand, and
comply with the provisions of this document.
All proposals submitted to the City for consideration will be accepted by the Purchasing
Department until a pre -advertised date and time. All proposals/responses will be opened and
acknowledged in a scheduled public meeting.
The Purchasing Department will serve as Staff Assistant to the Committee and .will facilitate the
evaluation process. The responsibilities of the Purchasing Department shall include the
following:
1. Responsibility for maintaining the integrity of the overall evaluation process;
2. Scheduling and posting, in accordance of Florida Statutes, all committee meeting dates
and locations;
3. Audio recording and storing of all committee actions (note: during the evaluation
meetings, the audio tape is always on);
4. Requesting input from References provided by Proposers;
5. Requesting any additional information from Proposers requested from the Committee;
6. Documenting members' ranking information; and
7. Communicating the Committee's recommendation (s) to the City Commission.
The Selection Committee meetings must follow the requirements of Florida Statute 286.011 for
Public Meetings. These meetings are open to the general public, which can include proposers
who have submitted responses to the City's solicitations. All audio recordings are available as a
public record.
Attendance of all committee members at all scheduled meetings is crucial to the quality of the
evaluation process. It is essential to the progress of the committee's work that committee
members attend all scheduled meetings, including oral presentations, and adhere to any set
timelines.
The Selection Committee members may only communicate, either verbal or in writing, with
Proposers or other Committee members regarding the RFP/RFQ under consideration in a public
meeting. Communications with Proposers or other Committee members outside of a public
meeting is a violation of F.S. 286.011. As a Committee member,if you are contacted by anyone
regarding this RFP/RFQ after the proposal due date, notify the Chief Purchasing Officer
immediately. The Purchasing Department shall make all communications about the response.
The following items will be provided by the Purchasing Department to each committee member
in advance of the first meeting:
1. Copy of the Selection Committee Guidelines
2. Copy of the RFP/RFQ and all Addendums
3. One copy of each proposer's submittal
4. Copy of the Evaluation Criteria
Evaluation:
At the first Selection Committee meeting, the Committee will first appoint a Chairperson. Each
Selection Committee member will initially review the written proposals and evaluate them
individually. Evaluations shall be based on the predetermined set of criteria only. No other
criteria or additional information may be used. The City utilizes a ranking method in RFP/RFQ's.
These criteria are provided to assist in the review of the proposals. These criteria also will guide
the Committee by establishing a general framework for the Committee's deliberations. The
Committee will rank the Proposers using the weighted criteria, based on the evaluation of the
merits of the Proposer's proposal.
Committee members should always have a reasonable, rational and consistent basis for their
ranking and be prepared to participate in deliberations during the Selection Committee
meetings.
Ranking sheets should be filled out prior to the committee meeting where the initial ranking will
be determined. After the Selection Committee has individually completed their initial review, the
Selection Committee will come together at a publicly posted meeting to determine a short-list
and decide if presentations should be scheduled. The Committee may elect to proceed to final
ranking without creating a short-list.
If presentations are determined to be necessary, the Selection Committee will identify which
proposers will be asked to give an oral presentation. The Selection Committee may request
presentations from as many proposers as necessary; however, it is recommended that the
group come to a consensus and request presentations from only those proposers who have
provided submittals deemed to be in the best interest of the City. All proposers to be scheduled
for an oral presentation will be notified in writing by the Purchasing Department and in sufficient
time with regard to the date, time, and location.
Each member of the Selection Committee will provide a final ranking of Proposals during the
public meeting After the Selection Committee has reviewed, evaluated, ranked, heard oral
presentations (if necessary) and re -ranked (if necessary), the Selection Committee will
determine the final ranking of proposers considered to be most capable of performing the
required project, in the best interest of the City.
The Purchasing Department will draft a recommendation for award for processing through the
City Manager and/or City Commission.
After City Commission action, the Purchasing Department will send notice to the top-ranked
proposer. All others will be notified through a public notice. Contract negotiations, if required, will
take place at this point in the process. No further action will be required by the Selection
Committee.
Questions concerning any of the above procedures should be directed to the Chief Purchasing
Officer.
The City Commission shall make the final determination on all matters related to the award and
contracting of the RFP/RFQ.
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Holly Vath, Chief Purchasing Officer
THROUGH: Donald B. Cooper, City Manager
DATE: September 18, 2015
SUBJECT: AGENDA ITEM SP.1B -MEETING OF SEPTEMBER 21,201
SELECTION COMMITTEE/RFP 2015-76/SHORT LIST
BACKGROUND
During the second phase of the evaluation process, the City Commission must determine if the
remaining bidders are responsible and able to fully perform the services requested. Each Commission
member then ranks the responsible vendors based on the criteria contained in the RFP. After the initial
ranking, the Committee may elect to schedule presentations from a short-list of proposers. If
presentations are not required, the Commission would recommend a final ranking utilizing the initial
ranking.
The ranking sheet is attached.
RECOMMENDATION
Perform ranking of responsive bidders to RFP 2015-79 State Legislative Lobbyist.
http://itwebapp/NovusAgenda/Preview.aspx?ItemlD=9603 &MeetinglD=604 9/18/2015
City of Delray Beach - Ranking Sheet
RFP 2015-76 State Legislative Lobbyist
Rank
Ballard Partners
Gray Robinson, P.A.
Southern Strategy Group, Inc.
Name:
Date:
9/18/2015
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: September 18, 2015
SUBJECT: AGENDA ITEM SP.3 -SPECIAL MEETING OF SEPTEMBER 21, 2015
SETTLEMENT OF IBERIA BANK V. AUBURN TRACE, LTD., ET AL
BACKGROUND
SETTLEMENT OF IBERIA BANK V. AUBURN TRACE, LTD., ET AL., CASE NO.
2014CA012272 AO AND RE: AUBURN TRACE, DEBTOR CASE NO. 15-10317 PGH.