HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-267Temp Reso #10269-October 8, 2003
Revision: October 15, 2003
Revision: October 16, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- �;'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO AWARD RFP 03-26R, "UNDERWRITING
AND FINANCIAL ADVISORY SERVICES", TO AND TO
EXECUTE THE AGREEMENT FOR PROFESSIONAL
SERVICES WITH KIRKPATRICK PETTIS SMITH & POLIAN
INC., FOR FINANCIAL ADVISORY SERVICES, IN AN AMOUNT
NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000),
IN CONJUNCTION WITH THE PROPOSED ISSUANCE OF
UTILITIES REVENUE BONDS, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
IWHEREAS, the City has determined a need for financial advisory services
for the proposed issuance of Utilities Revenue Bonds; and
WHEREAS, the City of Tamarac publicly advertised RFP 03-26R,
"Underwriting and Financial Advisory Services" on Sept. 9 and Sept. 14, 2003, a
copy of said RFP is attached hereto as Exhibit 1; and
WHEREAS, eleven (11) firms were solicited, and six (6) responses were
received, from the following firms:
1. Dunlap & Associates, Inc.
2. First Southwest Company
3. Kirkpatrick Pettis Smith & Polian, Inc.
4. Public Financial Management
5. Wachovia Bank, N.A.
6. William R. Hough & Company; and
WHEREAS, an Evaluation and Selection Committee, consisting of the
Assistant City Manager, Director of Finance, and the Finance and Policy Officer
Temp Reso #1 0269-October 8, 2003
Revision: October 15, 2003
Revision: October 16, 2003
Page 2
conducted an extensive evaluation of each proposal to determine each firm's
responsiveness to the City's requirements; and
WHEREAS, the Evaluation and Selection Committee determined that
Kirkpatrick Pettis Smith & Polian, Inc. and William R. Hough & Company were
ranked as the top two (2) firms on the basis of experience, including experience
with Florida financings, marketing strategy, innovative technique and cost of
services, a copy of said evaluation total ranking is attached hereto as Exhibit 2;
and
WHEREAS, the Municipal Securities Rulemaking Board (MSRB) Rule G-
23(d) does not allow the same firm to provide both financial advisory and
underwriting services, thereby necessitating a separate award and contract for
each service; and I
WHEREAS Kirkpatrick Pettis provided the lowest cost for financial
advisory services; and
WHEREAS, the Evaluation and Selection Committee entered into the
contract negotiation phase with Kirkpatrick Pettis Smith & Polian, Inc.; and
WHEREAS, a mutually acceptable agreement has been negotiated
between the City and Kirkpatrick Pettis Smith & Polian, Inc., a copy of said
agreement is attached hereto as Exhibit 3; and
WHEREAS, the Director of Finance and the Purchasing and Contracts
Manager recommend that RFP 03-26R, "Underwriting and Financial Advisory
Services" be awarded to, and an agreement executed with, Kirkpatrick Pettis
Smith & Polian, Inc. for Financial Advisory services in an amount not to exceed
Temp Reso #1 0269-October 8, 2003
Revision: October 15, 2003
Revision: October 16, 2003
Page 3
fifteen thousand dollars ($15,000) in conjunction with the proposed issuance of
Utilities Revenue Bonds; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
award RFP-03-26R to, and execute an Agreement with, Kirkpatrick Pettis Smith
& Polian, Inc. to provide Financial Advisory services for the proposed issuance of
Utilities Revenue Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2-. The award of RFP 03-26R, "Underwriting and
Financial Advisory Services", to and the execution of the Agreement for
Professional Services hereto attached as Exhibit 3 with Kirkpatrick Pettis Smith &
Polian, Inc. in an amount not to exceed fifteen thousand dollars ($15,000) for
providing Financial Advisory services in the proposed issuance of Utilities
Revenue Bonds is hereby approved.
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp Reso #1 0269-October 8, 2003
Revision: October 15, 2003
Revision: October 16, 2003
Page 4
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 26 th day of November, 2003.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTbRNEY
,JOE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TAL
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
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TR 10269
EXHIBIT 3
of Tamarac
Purchasing and Contracts Division
AGREEMENT FOR PROFESSIONAL SERV
THIS AGREEMENT made and entered into this A= d . ay of
20k by and between the City of Tamarac, a municipal corporation of the State of Florida
with principal offices located at 7525 NW 88h Avenue, Tamarac FL 33321, hereinafter
referred to as CITY, and Kirkpatrick Pettis, Smith, Polian, Inc., a Nebraska corporation with
offices located at 3504 Lake Lynda Drive, Suite 155, Orlando FL 32817, hereinafter
referred to as CONSULTANT:
WHEREAS, the CITY intends to utilize a Financial Advisor to oversee the issuance
of Utilities Revenue Bonds, Series 2003; and,
WHEREAS, the CITY requires certain professional services in connection with
said Financial Advisory services; and,
WHEREAS, the CONSULTANT represents that it is capable and prepared to
provide such Services:
NOW THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be upon notice to proceed and is
transaction -specific, as contained in the scope of Request for Proposals (RFP) 03-26R.
ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT
The CONSULTANT shall perform the services in accordance with the provisions
contained in the request for proposals as specifically stated in the general Scope of
Services, including the additional services required of the Financial Advisor as referenced
in RFP 03-26R, and as may be specifically designated and additionally authorized by the
CITY. Such additional authorizations will be in the form of a Purchase Order. Each
Purchase Order will set forth a specific Scope of Services, amount of compensation and
completion date.
ARTICLE 3 - COMPENSATION
The CITY shall pay CONSULTANT in accordance with the provisions contained in
RFP 03-26R as specifically stated in the Fee Proposal, Financial Advisor Compensation,
which is attached hereto and incorporated by reference as part of this Agreement.
ARTICLE 4 - STANDARD OF CARE
CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a professional under similar
circumstances and CONSULTANT shall, at no additional cost to the CITY, re -perform
services which fail to satisfy the foregoing standard of care. Although CONSULTANT
shall perform the Services diligently, competently, professionally and in good faith,
CONSULTANT does not guarantee that bonds can be issued at a particular interest rate.
ARTICLE 5 - INDEMNIFICATION
CONSULTANT shall, in addition to any other obligation to indemnify the CITY and
to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the
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City of Tamarac Purchasing and Contracts Division
CITY, their agents, elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any actual or alleged:
a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arising out of or
resulting, or claimed to have resulted in whole or in part from any actual or alleged act or
omission of the CONSULTANT, any subconsultant, if utilized under this agreement, and
anyone directly or indirectly employed by any of them, of anyone for whose acts any of
them may be liable in the performance of the WORK; or b). violation of law, statute,
ordinance, governmental administration order, rule, regulation, or infringement of patent
rights by CONSULTANT in the performance of the Work; or c). liens, claims or actions
caused by the CONSULTANT or any subconsultant under workers compensation acts;
disability benefit acts, other employee benefit acts or any statutory bar. Any cost of
expenses, including reasonable attorney's fees, incurred by the CITY to enforce this
agreement shall be borne by the CONSULTANT.
Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reasons, the terms
and conditions of this Article shall survive indefinitely.
ARTICLE 6 - INDEPENDENT CONTRACTOR
CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. CONSULTANT shall work closely with the CITY in performing
Services under this Agreement.
ARTICLE 7 - COMPLIANCE WITH LAWS
In performance of the Services, CONSULTANT will comply with applicable
regulatory requirements including federal, state, and local laws, rules regulations, orders,
codes, criteria and standards. This includes, without limitation, compliance with MSRB
Rule G-23 (Activities of Financial Advisors).
ARTICLE 8 - INSURANCE
During the performance of the Services under this Agreement, CONSULTANT
shall maintain the following insurance polices, and provide originals or certified copies of
all policies, and shall be written by an insurance company authorized to do business in
Florida.
1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Agreement, Workers' Compensation Insurance
covering all employees with limits meeting all applicable state and federal
laws. This coverage shall include Employer's Liability with limits meeting all
applicable state and federal laws. This coverage must extend to any
subconsultant, if utilized under this Agreement, that does not have their own
Workers' Compensation and Employer's Liability Insurance. The policy
must contain a waiver of subrogation in favor of the City of Tamarac,
executed by the insurance company. Sixty-(60) days notice of cancellation
is required and must be provided to the City of Tamarac via Certified Mail.
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City of Tamarac
Purchasing and Contracts Division
2. Comprehensive General Liability: The CONSULTANT shall procure and
maintain, for the life of this Agreement, Comprehensive General Liability
Insurance. This coverage shall be on an "Occurrence" basis. Coverage
shall include Premises and Operations; Independent Contractors' Products
and Completed Operations and Contractual Liability with specific reference
of Article 5 of this Agreement. This policy shall provide coverage for death,
personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
The CITY must be named as an additional insured unless Owners and
Contractors' Protective Coverage is also provided, or required. Sixty (60) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
3. Business Automobile Liability: The CONSULTANT shall procure and
maintain, for the life of the Agreement, Business Automobile Liability
Insurance.
4. Professional Liability (Errors and Omissions) Insurance: $1,000,000
The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall
be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the
Policy. Sixty-(60) days written notice must be provided to the CITY via Certified Mail in the
event of cancellation.
In the event that subconsultants, if utilized under this agreement, used by the
CONSULTANT do not have insurance, or do not meet the insurance limits,
CONSULTANT shall indemnify and hold harmless the CITY for any claim in excess of the
subconsultants' insurance coverage, arising out of negligent acts, errors or omissions of
the subconsultants.
CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been approved by
the CITY.
ARTICLE 9 - CITY'S RESPONSIBILITIES
The CITY shall be responsible for providing access to all project sites, and
providing information on hand that are available in the files of the CITY the exception of
the City Attorney's files that are subject to confidentiality. It is agreed that CONSULTANT
may use and reasonably rely, without further inquiry or any duty to verify independently,
on information provided by the CITY.
ARTICLE 10 -TERMINATION OF AGREEMENT
The obligation to continue Services under this Agreement may be terminated for
cause by either party upon seven (7) days'written notice of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating
party.
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of Tamarac
Purchasing and Contracts Division
CITY shall have the right to terminate this Agreement or suspend performance
thereof without cause for the CITY's convenience upon written notice to CONSULTANT,
and CONSULTANT shall terminate or suspend performance of Services on a schedule
acceptable to CITY. In the event of termination or suspension for CITY's convenience,
CITY shall pay CONSULTANT for all Services performed through the date of notice of
termination or suspension or as otherwise provided in said schedule acceptable to the
CITY.
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cf Tamarac Purchasing and Contracts Division
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ARTICLE I I - NONDISCLOSURE OF PROPRIETARY INFORMATION
CONSULTANT shall consider all nonpublic, confidential and proprietary
information provided by CITY and all reports, studies, calculations, and other
documentation resulting from the CONSULTANT's performance of the Services to be
proprietary unless such information is available from public sources. CONSULTANT shall
not publish or disclose proprietary information for any purpose other than the performance
of the Services without the prior written authorization of CITY or in response to legal
process.
ARTICLE 12 - UNCONTROLLABLE FORCES
Neither the CITY nor CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the non -performing party
could not avoid. The term "Uncontrollable Forces" shall mean any event which results in
the prevention or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party. It includes, but is
not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The nonperforming party shall, within a
reasonable time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this
Agreement.
ARTICLE 13 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all
legal action necessary to enforce the Agreement will be held in Broward County and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 14 - MISCELLANEOUS
14.1 Nonwaiver
A waiver by either CITY or CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party's rights with respect to any
other or further breach. The making or acceptance of a payment by either party with
knowledge of the existence of a default or breach shall not operate or be construed to
operate as a waiver of any subsequent default or breach.
14.2 Severability
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The nonenforcement
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Purchasing and Contracts Division
CIty of Tamarac
of any provision by either party shall not constitute a waiver of that provision nor shall it
affect the enforceability of that provision or of the remainder of this Agreement.
The provisions of this section shall not prevent the entire Agreement from being
void should a provision, which is of the essence of the Agreement, be determined to be
void.
ARTICLE 15 - INTEGRATION AND MODIFICATION
This Agreement is adopted by the CITY and CONSULTANT as a complete and
exclusive statement of the terms of the Agreement between the CITY and CONSULTANT
regarding the matters set forth herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters or other communications
between the CITY and CONSULTANT pertaining to the Services, whether written or oral.
The Agreement may not be modified unless such modifications are evidenced in
writing signed by both the CITY and CONSULTANT.
ARTICLE 16 - SUCCESSORS AND ASSIGNS
The CITY and CONSULTANT each binds itself and its directors, officers, partners,
successors, executors, administrators, assigns and legal representatives to the other
party to this Agreement. This Agreement shall be binding on each party's legal
successors in interest, but neither party may assign all or any part of this Agreement
without the prior written consent of the other party.
ARTICLE 17 - CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee or consultant working solely for the
CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee or consultant working solely for the CONSULTANT, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a
truth-i n- negotiation certificate certifying that the wage rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete and current as
of the date of the Agreement.
The said rates and cost shall be adjusted to exclude any significant sums should
the CITY determine that the rates and costs were increased due to inaccurate,
incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to
outside consultants. The CITY shall exercise its rights under this "Certificate" within one
(1) year following payment.
ARTICLE 19 - OWNERSHIP OF DOCUMENTS
CONSULTANT shall be required to work in harmony with the CITY and its other
consultants relative to providing information requested in a timely manner and in the
specified form. Any and all documents, records, disks, original drawings, or other
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of Tarnarac
Purchasing and Contracts Division
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information shall become the property of the CITY upon completion for it's use and
distribution as may be deemed appropriate by the CITY.
ARTICLE 20 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder
shall be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
With a copy to the City Attorney at the same address.
CONSULTANT:
Jeffrey T. Larson, Senior Vice President
Kirkpatrick Pettis, Smith, Polian Inc.
3504 Lake Lynda Drive, Suite 155
Orlando, FL 32817
PH: 407-482-2327
Notices shall be effective when received at the address specified above. Changes
in the respective addresses to which such notice may be directed may be made from time
to time by any party by written notice to the other party. Facsimile is acceptable notice
effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on
weekends or holidays, will be deemed received on the next business day. The original of
the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of
routine communications between representatives of CONSULTANT and CITY.
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of Tamarac Parcnasing and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing by and through its Mayor and City Manager, and Kirpatrick Pettis
Smith & Polian, Inc., signing by and through its Senior Vice President, duly authorized
to execute same.
ATTEST:
Marion Swenson, CMC
City Clerk
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey t�Milf6r, City Manager
Date
I -;;
1. - �- / 0�'s
Approved asjo form anpf�gal sufficiency:
Date
ATTEST:
(Corporate Secretary)
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
MitchelILS. KraftL City Attorney
Date
Kirkpatrick, Peftis, Smith, Polian Inc.
Company Name A
ignaju�b,.kf qenior Vice President
Jeffrey T. Larson
Type/Print Name of Senior Vice President
Date
F1
Purchasing and Contracts Division
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF :
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jeffrey T. Larson, Senior Vice President of Kirkpatrick, Pettis, Smith, Polian Inc., a
Nebraska Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
" It -
WITNESS my hand and official seal this -1�) 1-. dayof
20,---..
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Signature of Notary Public
Shwft Skrrbo State of Florida at Large
rjMY CommW" D01980"
** Expkw Momh 30, 2W?
Print, Type or Stamp
Name of Notary Public
Zl-�Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath.
9
TR 10269
EXHIBIT I
REQUEST FOR PROPOSALS
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DATE: September 5, 20D3
City of Tamarac
"Cornmitied to Excellence ... Aiwoys"
REQUEST FOR PROPOSALS
ALL INTERESTED PARTIES-
RFP NO. 03-26R
The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals at
the office of the Purchasing & Contracts Manager, City Hall, 7525 NW 88th Avenue, Tamarac,
Florida 33321-2401, for furnishing the services described below:
UNDERWRITING AND FINANCIAL ADVISORY SERVICES,
UTILITIES REVENUE BONDS, SERIES 2003
Sealed Proposals must be received by the Purchasing and Contracts Manager, either by mail or
hand delivery, no later than 4:00 p.m. local time on Wednesday, September 24, 2003. Any
Proposals received after 4:00 p.m. local time on said date will not be accepted under any
circumstances. Any uncertainty regarding the time a Proposal is received will be resolved
against the Offeror.
Proposals are subject to all terms and conditions contained in this RFP. The City of Tamarac
reserves the right to retain all proposals submitted regardless of whether that proposal is
selected. Submission of a proposal indicates acceptance by the firm of the conditions contained
in this request for proposals, unless clearly and specifically noted in the proposal submitted and
confirmed in the contract between the City of Tamarac and the firm selected -
There is no expressed or implied obligation for the City of Tamarac to reimburse responding
firms for any expenses incurred in preparing proposals in response to this request.
CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities
in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or
more Offeror's, or take any other such actions that may be deemed to be in the best interests of
the CITY.
Documents may be obtained from the Purchasing and Contracts Office at the above address.
For inquiries, contact the Purchasing Office at (954) 724-2450.
James Nicotra, CPPB
Interim Purchasing and Contracts Manager
Publish Sun Sentinel: 09/07/03 & 09/14/03
7U5 NW 88th Avenue 0 lomcroc, �lcrldc 33321-2401 0 1954; 724-2450 N Fox (954) 724-2408 z www,t-.marac.org
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REQUEST FOR PROPOSALS
RFP 03-26R
UNDERWRITER AND FINANCIAL ADVISORY SERVICES,
UTILITIES REVENUE BONDS, SERIES 2003
I . Submission of Proposals
The City of Tamarac, Florida ("City") is soliciting qualifications and proposals from
investment banking firms and management consultant firms to serve either as Senior
Managing Underwriter or Financial Advisor for the City's proposed issuance of Utilities
Revenue Bonds, Series 2003. All financings are subject to Commission approval but
are part of the City's Capital Improvement Plan to purchase and construct equipment
and infrastructure related to the Water Treatment Plant and Distribution system and the
Stormwater system, The City expects to issue 20 year bonds in the $10 million range.
Debt service is to be funded by Utility rates and Stormwater fees. The City will review
the qualifications and proposals submitted by each firm to determine the most qualified
firm,
The specified number of written proposals should be submitted to:
James Nicotra, CPPB
Interim Purchasing and Contracts Manager
City of Tamarac
7525 N.W. 88"' Ave
Tamarac, FL 33321-2401
(5 Copies)
Copies of the qualifications and proposals must be delivered to the address listed
above, and received no later than 4:00 p.m. on Wednesday, September 24, 2003. Late
proposals will not be accepted. Proposals must be plainly marked "Request for
Proposals RFP 03-26R, Underwriting and Financial Advisory Services" on the
outside of the package.
2. Additional Information
It is the responsibility of the proposer to inquire about and clarify any aspect of the RFP
that is not understood. Questions and requests for clarification should be directed to
Jim Nicotra at 954-724-2443.
3. Provosal Timetable
The City has established a preliminary timetable for reviewing the responses. The
schedule is subject to change,
September 05, 2003 - RFP Issued
September 24, 2003 - Responses Due (4:00pm)
October 03, 2003 - Evaluation of Responses by Selection Committee
October 06, 2003 - Commence Negotiations with highest ranked firm(s)
October 2003 - Award of Contract(s)
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4. General Terms and Conditions
Proposals should be prepared simply and economically and should provide complete
and concise responses that satisfy the requirements of this RFP. The City shall not be
liable for any expenses incurred in the preparation or presentation of the proposals.
Joint proposals will not be accepted.
5. Proposal Format
Proposals must be consistent with the terms and conditions of this RFP as further
described herein. No printed brochures or materials other than written responses to the
questions outlined in this RFP should be submitted.
6. Legal Requirements
Federal, State, and local laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply, Lack of knowledge by the Proposers shall in no
way be cause for relief from responsibility. Proposers are to be in full compliance with
the following laws, specifically, but not limited to: (i) Conflict of Interest, (ii) Government
in Sunshine Laws, and (iii) Florida Public Records Law.
Proposers doing business with the City are prohibited from discriminating against any
employee, applicant, or client because of handicap, race, creed, national origin, sex or
age with regard to but not limited to the following: employment practices, rates of pay or
other compensation methods and training selection.
7. Public Records
Responses to the RFP shall be confidential pursuant to the Florida Statues, Chapter
119, entitled Public Records 119.07 (2)(m).
8. Conditions of Award
The City intends to award the project to the firms whose proposals, in the City's sole
opinion, are most advantageous to the City based upon the criteria set forth in the RFP.
The City reserves the right to reject any and all proposals received and to request
clarification of information from any source, The City also reserves the right to waive
any irregularity or informality if it is deemed to be advantageous to do so.
9. Background
The City of Tamarac is located in southeast Florida in the northwest portion of Broward
County. The City has a population of 56,000 and a geographical area of about 12
square miles. It provides a full range of municipal services, authorized by statute and
charter, including water, sewer, and stormwater utilities.
The City of Tamarac is operated legislatively by a Mayor elected at large and four
Commissioners elected by district. The City Manager, as chief executive officer,
manages the operatibrs of the City and reports directly to the City Commission, With
the exception of the City Attorney, all employees report to the City Manager.
As of October 1, 2002, the City of Tamarac had two general obligation bonds with
approximately $5.8 million outstanding, two revenue bonds with approximately $21.3
million outstanding, and two series of Utility System refunding revenue bonds with
approximately $14 million outstanding.
10. Specific Response Requirements
Each response should be accompanied by a letter of transmittal not exceeding one
page which summarizes the key points of the response and should indicate whether the
firm is proposing on Underwriter or Financial Advisor. If a firm is willing to fulfill either
position, the response should so indicate. The letter of transmittal must be signed by an
officer of the firm who is authorized to commit the firm's resources.
Responses should address the following questions or requests for information and be
organized so that the specific questions or requests for information each begin on a new
page with the question repeated at the top of the page.
a) Tax -Exempt Financing Experience: Provide your firm's experience as senior
managing underwriter and/or financial advisor including par amount, issue,
and issuer for completed tax-exempt financings since October 2000.
1. Total number of financings during this period
2. Total par amount of financings during this period
3. Total number of Florida financings during this period
4. Total paramount of Florida financings during this period
b) Tax -Exempt Sales Experience: Please provide the volume and percent of
your firm's completed sales (as underwriter and listed separately as
Financial Advisor) of tax-exempt securities in the following categories of
customers since October 2000.
1 . Institutions
2. Bond Funds
3. Retail
4. Other (specify)
5. Total
c) Capital Position: Please provide the most recent available data (include
date) for your firm's total capital and excess net (uncommitted) capital.
d) Promect Experience: Provide a narrative summary of your firm's experience
with completing transactions for Florida local governments.
e) Innovative Techniques: Provide examples of innovative techniques your
firm may suggest for this proposed transaction.
of
f) Marketing Strategy: Briefly describe your firm's marketing strategy and
distribution capabilities of tax-exempt securities targeting institutional and
local retail buyers as they apply to the City's financing. Provide examples of
your interest rates achieved compared to similar issues sold at
approximately the same time.
g) Personnel: Identify the organizational structure through which the City's
engagement will be managed by your firm. Identify and provide the
background of the senior banker/advisor who will assume the day-to-day
responsibilities for managing and supporting the City's financings. This is
the individual who will be expected to regularly represent your firm at all
financing meetings. Please indicate others who will serve the City directly
with banking responsibility with respect to structuring, pricing, marketing, re-
marketing, and analysis of results achieved. Brief biographies of key
banking, advising, and marketing personnel should be included.
h) Underwriters' Cou n sel: Provide the name and location of three firms,
ranked in order of preference, which you would propose to serve as
Underwriters'Counsel for the City's engagement. The City's Bond Counsel
is Duane Draper of Bryant, Miller and Olive, P.A.
i) Disclosure Requirement: Disclose any company or person, other than a
bonaficle employee working solely for your firm that your firm has retained to
solicit or secure any agreement or contract for underwriting or financial
advisor services. Also, disclose if your firm has paid or agreed to pay any
person, company, corporation, individual or firm, other than a bonafide
employee working solely for your firm, any fee, commission, percentage, gift
or other consideration contingent upon or resulting from the award of any
type of underwriting or advisor agreement or contract. If arrangements are
found to exist and are not disclosed, the City shall have the right to
terminate any type of contract or agreement without liability at its sole
discretion, to deduct from the contract or agreement price, or otherwise
recover, the full amount of such fee, commission, percentage, gift or
consideration,
k) Litigation: Describe in a separate attachment any pending or threatened
securities litigation or regulatory action involving your firm in the last five
years, and the resolution thereof. Provide a statement of assurance that
your firm or personnel are not presently being investigated or in violation of
any statutes or regulatory rules, including those of the Securities and
Exchange Commission, Municipal Securities Rule Making Board or National
Association of Securities Dealers.
1) Miscellaneous: Provide additional information, if desired, relative to your
firm that is relevant to the City (please limit to 1 page)
m) Client References: Provide contact information for three clients, including
name, mailing address, and phone number,
n) Timetable: Provide a proposed timetable for the bond issue
o) Collusion: The Proposer, by affixing its signature to this proposal, certifies
that its proposal is made without previous understanding, agreement, or
connection either with any previous firms or corporations offering a Proposal
for the same items, or with the City. The Proposer also certifies that its
proposal is in all respects fair, without outside control, collusion, fraud, or
otherwise illegal action.
11. Scope of Services
The services Underwriter and Financial Advisor should be able to provide incluce, but
are not limited to:
a) Evaluate the financial resources of the City's utilities systems.
b) Describe the repayment sources available to bondholders,
c) Review the City's financial, operating, capital improvement and debt service
projections and work closely with City staff in developing an optimum,
aggregate debt structure.
d) In coordination with other members of the project team, develop and
maintain a timetable to structure, rate, and sell the bonds.
e) Work with bond counsel, disclosure counsel, the City staff, and the project
team to draft the Bond Resolution, the Preliminary and Final Official
Statement, and other relevant financing documents.
f) Structure the financing to meet the needs of the City and meet with
acceptance by the rating agencies and the market for tax-exempt bonds.
Be available upon reasonable request to meet with the City Commission
and the City Staff.
In addition, the services the Underwriter should be able to provide include, but are not
limited to:
Market the bonds at the lowest possible interest rates at the time of
marketing for the City,
b) Close the issue and deliver net Project Fund proceeds to the City in a timely
manner.
In addition, the services the Financial Advisor should be able to provide include, but are
not limited to. -
a) Assist in obtaining the lowest interest rates possible.
b) Advise on the condition of bond market and reasonableness of
Underwriter's pricing of the bonds.
1C
12. Evaluation Criteria
The evaluation of RFPs will be based on the following weighted criteria:
a) Experience of the individuals assigned to the project team (20 points).
b) Capital position and experience of the firm with Florida financings (20
points).
c) Marketing strategy (15 points),
d) Innovative techniques (10 points).
e) Responsiveness to the specifications of the RFP (5 points).
0 Client references (20 points).
9) Cost for services provided (10 points).
It should be clearly understood by the proposers that cost is only one
of the criteria to be evaluated by the selection committee and that this
RFP is not to be considered a competitive bid. Contracts will not be
awarded on the basis of price alone.
13. Selection Criteria
All responses submitted prior to the specified deadline will be reviewed by a selection
committee appointed by the City Manager. The City does not intend to hold oral
presentations but reserves the option to do so and adjust the selection schedule
accordingly. The information requested by the RFP will be evaluated to identify the
firms that are best qualified to serve the City as senior managing underwriter and
financial advisor,
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�,J,IkT,3.7rs D,visbn
REQUEST FOR PROPOSALS
RFP 03-26R
Underwriting and Financial Advisory Services,
Utilities Revenue Bonds, Series 2003
Fee Proposal:
Underwriters' ComocnS2tion
Underwriter's Discount (per $1000 bonds) $
Reimbursable Expenses* not to exceed $
'List what is included in reimbursable expenses:
Financial Advisor Comoensation
Flat Fee $
Reimbursable Expenses* not to exceed $
*List what is included in reimbursable expenses:
This Fee Proposal is to be enclosed in a sealed envelope
with your submittal.
INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
RFP 03-26R
1. DEFINED TERMS
Terms used in these Instructions to Offerors are defined and have the meanings indicated
as follows:
"Offeror" - this term is interchangeable with "Proposer" -
"Proposer" - one who submits a Proposal directly to CITY, as distinct from a Sub -Offeror,
who submits a Proposal to the Offeror.
"Successful Proposer" - the qualified, responsible and responsive Proposer to whom
CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award.
"City" - City of Tamarac, a municipal corporation of the State of Florida.
"Proposal Documents" - the Request for Proposals (RFP), Instructions to Offerors,
Proposer's Submittal, Certification, Certified Resolution, Offeror's Qualifications Statement,
Non -Collusive Affidavit, Foreign Corporations Statement, Vendor Drug Free Workplace
Statement, and all Addenda issued prior to receipt of Proposals.
"Consultant" shall mean the individual(s) or firm(s) to whom the award is made and who
executes the Contract Documents.
2. INTERPRETATIONS AND ADDENDA
If the Proposer should be in doubt as to the meaning of any of the Proposal Documents, is
of the opinion that the Conditions and Specifications contain errors or contradictions or
reflect omissions, or has any question concerning the conditions and specifications, they
shall submit a written request directed to the Purchasing and Contracts Manager or
designee for interpretation or clarification. Such request must reference the date of
Proposal opening and Proposal number and should be received by the Purchasing and
Contracts Manager or designee at least ten (10) calendar days before the date of the
formal opening of the Proposals. Interpretations or clarifications in response to such
questions will be issued in the form of written addenda by certified mail, return receipt
requested, mailed to all parties recorded by CITY'S Purchasing and Contracts Manager or
designee as having received the Proposal Documents. The issuance of a written
addendum shall be the only official method whereby such an interpretation or clarification
will be made.
3. NON -COLLUSIVE AFFIDAVIT FORM
Each Proposer shall complete the Non -Collusive Affidavit and shall submit the form with
the Proposal, CITY considers the failure of the Proposer to submit this document to be a
major irregularity and may be cause for rejection of the Proposal.
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4. PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
Consultant, supplier, subconsultant, 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.
5. CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida
Statutes. Proposers must disclose with their Proposal the name of any officer, director,
partner, proprietor, associate or agent who is also an officer or employee of CITY or any of
its agencies. Further, all Proposers must disclose the name of any officer or employee of
CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the
Proposers firm or any of its branches or affiliate companies.
6. PERFORMANCE BONDS AND INSURANCE
Prior to acceptance of the proposal, the Successful Proposer, when required by the
Special Conditions, shall submit performance bonds, certificates and/or policies of
insurance in the manner, form and amount(s) specified in the Special Conditions.
7. SUMMARY OF FORMS TO BE SUBMITTED WITH PROPOSALS
The following is a summary of forms, which should be submitted by the Proposer to be
considered responsive. These forms should accompany your firm's submittal, but must
be provided with three (3) business days of City's request.
a) Certification
b) Certified Resolution
c) Offeror's Qualification Statement
d) Non -Collusive Affidavit
e) Foreign Corporation Statement
f) Vendor Drug Free Workplace Statement
g) Proof of Insurance
SUBMISSION OF PROPOSALS
8.1 Proposals must be typed or printed in ink. Use of erasable ink is no',
permitted, All corrections to prices made by the Proposer must be
initialed.
8.2 Proposals must contain a manual signature of the authorized
representative of the Proposer. Proposals should contain an
acknowledgment of receipt of all Addenda. The address and telephone
number for communications regarding the Proposal must be shown,
8.3 Proposals by corporations must be executed in the corporate name by
the President or other corporate officer accompanied by evidence of
authority to sign. The corporate address and state of incorporation must
be shown below the signature.
8.4 Proposals by partnerships must be executed in the partnership name
and signed by a partner, whose title must appear under the signature
and the official address of the partnership must be shown below the
signature.
8.5 Proposals shall be submitted at or before the time and at the place
indicated in the Request for Proposals and shall be submitted in a
sealed envelope (faxed proposals will not be accepted under any
circumstances). The envelope should be clearly marked on the exterior
"Underwriting and Financial Advisory Services", and shall state the
name and address of the Proposer and shall be accompanied by any
other required documents. No responsibility will attach to the Purchasing
and Contracts Office for the premature opening of a Proposal not
properly addressed and identified.
8.6 In accordance with Chapter 119 of the Florida Statutes (Public Records
Law), and except as may be provided by other applicable state and
federal law, the Request for Proposal and the responses thereto are in
the public domain. However, the Proposers are requested to identi
specifically any information contained in their Proposals which they
consider confidential and/or proprietary and which they believe to be
exempt from disclosure, citing specifically the applicable exempting law.
8.7 All Proposals received from Proposers in response to the Request for
Proposal will become the property of CITY and will not be returned to
the Proposers. In the event of Contract award, all documentation
produced as part of the Contract shall become the exclusive property of
CITY.
9. MODIFICATION AND WITHDRAWAL OF PROPOSALS
Proposals may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Proposal must be executed) and delivered to the place where Proposals
are to be submitted at any time prior to the deadline for submitting Proposals. A request
for withdrawal or a modification must be in writing and signed by a person duly authorized
to do so. Evidence of such authority must accompany the request for withdrawal or
modification. Withdrawal of a Proposal will not prejudice the rights of an Proposer to
submit a new Proposal prior to the Proposal opening date and time. After expiration of the
period for receiving Proposals, no Proposal may be withdrawn or modified.
10, REJECTION OF PROPOSALS
10.1 To the extent permitted by applicable state and federal laws and
regulations, CITY reserves the right to reject any and all Proposals, to
waive any and all informalities not involving price, time or changes in
the work with the Successful Proposer, and the right to disregard all
nonconforming, non -responsive, unbalanced or conditional Proposals.
Proposal will be considered irregular and may be rejected, if they
show serious omissions, alterations in form, additions not called for,
conditions or unauthorized alterations, or irregularities of any kind.
10.2 CITY reserves the right to reject the Proposal of any Proposer if CITY
believes that it would not be in the best interest of the CITY to make
an award to that Proposer, whether because the Proposal is not
responsive or the Proposer is unqualified or of doubtful financial ability
or fails to meet any other pertinent standard or criteria established by
CITY.
11, INSURANCE
Consultant agrees to, in the performance of work and services under this Agreement,
comply with all federal, state, and local laws and regulations now in effect, or hereinafter
enacted during the term of this agreement that are applicable to Consultant, its employees,
agents, or subconsultants, if any, with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such form and
amount as required by the City's Risk and Safety Manager before beginning work under
this Agreement. Consultant shall maintain such insurance in full force and effect during
the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager
certificates of all insurance required under this section prior to beginning any work under
this Agreement,
Consultant shall indemnify and save the City harmless from any damage resulting to it for
failure of either Consultant or any subconsultant to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the
Consultant agrees to maintain during the term of this contract -
Lire of Business/ Coverage
Commercial General Liability
Including:
Premises/OpeFaticns
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Occurrence Aggregate
$1,000,000 $1,000,000
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Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
Professional Liability (Errors and Omissions) $1,000,000
Insurance
The City reserves the right to require higher limits depending upon the scope of work
under this Agreement.
Neither Consultant nor any subconsultant shall commence work under this contract until
they have obtained all insurance required under this section and have supplied the City
with evidence of such coverage in the form of an insurance certificate and endorsement.
The Consultant will ensure that all subconsultants will comply with the above guidelines
and will maintain the necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will
give the City sixty (60) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac
as an "additional insured". The Consultant's Workers' Compensation carder will provide a
Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -insured
retentions. The City may require that the Consultant purchase a bond to cover the full
amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the Consultant
must provide the City with evidence of Professional Liability insurance with, at a minimum,
a limit of $2,000,000 per occurrence and in the aggregate. 'Claims -Made" forms are
acceptable for Professional Liability.
The Successful Consultant agrees to perform the work under the Contract as an
independent Consultant, and not as a subconsultant, agent or employee of CITY.
12. INDEMNIFICATION
GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations,
Successful Proposer shall indemnify, defend, save and hold harmless the CITY, its
officers, elected officials, agents and employees, harmless from any and all claims,
damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or
in consequential arising out of or alleged to have arisen out of or inconsequential arising of
the products, goods or services furnished by or operations of the Successful Proposer or
their subconsultants, agents, officers, employees or independent Consultants pursuant to
the Contract, specifically including but not limited to those caused by or arising out of
1%5t J
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(a) any act, omission or default of the Successful Proposer and/or their subconsultants,
agents, servants or employees in the provision of the goods and/or services under the
Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or
destruction of tangible property, including the loss of use resulting there from; (d) the use
of any improper materials,- (e) a defective condition in any goods provided pursuant to the
Contract, whether patent or latent� (f) the violation of any federal, state, county or municipal
laws, ordinances or regulations by Successful Proposer, their subconsultants, agents,
servants, independent Consultants or employees; (g) the breach or alleged breach by
Successful Proposer of any term, warranty or guarantee of the Contract.
The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications including, but not
limited to, reasonable attorney's fees (including appellate attorney's fees) and costs.
CITY reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
Successful Proposer under the indemnification agreement. Nothing contained herein is
intended nor shall it be construed to waive CITY's rights and immunities under the
common law or Florida Statute 768.28 as amended from time to time.
13. NOWD ISCRIMI NATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Successful Proposer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex or
national origin. The Successful Proposer will take affirmative action to ensure that
employees are treated d.1ring employment, without regard to their race, creed, color, or
national original. Such action must include, but not be limited to, the following:
employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff
or termination; rates of pay or other forms of compensation; and selection for training,
inrJuding apprenticeship. The Successful Proposer(s) shall agree to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
14. TERMINATION FOR CAUSE AND DEFAULT
In the event Successful Proposer shall default in any of the terms, obligations, restrictions
or conditions in any of the Proposal documents, CITY shall give written notice by certified
mail, return receipt requested to Successful Proposer of the default and that such default
shall be corrected or actions taken to correct such default shall be commenced within ten
(10) calendar days thereof. In the event Successful Proposer has failed to correct the
conditions of default or the default is not remedied to the satisfaction and approval of
CITY, CITY shall have all legal remedies available to it, including, but not limited to
termination of the Contract in which case Successful Proposer shall be liable for all
procurement ard reprocurement costs and any and all damages permitted by law arising
from the default and breach of the Contract.
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15. TERMINATION FOR CONVENIENCE OF CITY
Upon seven (7) calendar days written notice delivered by certified mail, return receipt
requested, to Successful Proposer, CITY may without cause and without prejudice to any
other right or remedy, terminate the agreement for CITY's convenience whenever CITY
determines that such termination is in the best interests of CITY. Where the agreement is
terminated for the convenience of CITY, the notice of termination to Successful Proposer
must state that the Contract is being terminated for the convenience of CITY under the
termination clause and the extent of termination. Upon receipt of the notice of termination
for convenience, Successful Proposer shall promptly discontinue all work at the time and
to the extent indicated on the notice of termination, terminate all outstanding
subconsultants and purchase orders to the extent that they relate to the terminated portion
of the Contract and refrain from placing further orders and subcontracts except as they
may be necessary, and complete any continued portions of the work.
16. AUDIT RIGHTS
CITY reserves the right to audit the records relating to this contract of Successful Proposer
at any time during the performance and term of the Contract and for a period of three (3)
years after completion and acceptance by CITY. If required by CITY, Successful Proposer
shall agree to submit to an audit by an independent certified public accountant selected by
CITY. Successful Proposer shall allow CITY to inspect, examine and review the records
of Successful Proposer at any and all times during normal business hours during the term
of the Contract.
17. ASSIGNMENT
17.1 Successful Proposer shall not assign, transfer or subject the Contract or its
rights, title or interests or obligations therein without CITY'S prior written
approval.
17.2 Violation of the terms of this paragraph shall constitute a breach of the
Contract by Successful Proposer and CITY may, at its discretion, cancel the
Contract and all rights, title and interest of Successful Proposer shall
thereupon cease and terminate.
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CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Request for Proposal. We (1) certify that we(l) have read the entire document, and agree to
comply with all of the requirements of the entire Request for Proposal.
Indicate which type of organization below:
INDIVIDUAL 0 PARTNERSHIP Ej CORPORATION F-1 OTHER n
If "Other",
Authorized Signature
Title
Company Name
City/State/Zip
Fax Number
I f,: 7
Name (Printed Or Typed)
Federal Employer I.D./Social Security No.
Address
Telephone
Contact Person
CERTIFIED RESOLUTION
(Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws
of the State of , do hereby certify that the following Resolution
was unanimously adopted and passed by a quorum of the Board of Directors of the said
corporation at a meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the
duly elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute
and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the
Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds, The secretary shall certify the names and signatures of
those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and
shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or
damage resulting from or growing out of honoring, the signature of any person so certified or for
refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this — day of 2D—.
(S EAL)
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired, Such form need
not be followed explicitly, but the Certified Resolution submitted must clearly show to the
satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the
corporation has been properly empowered by the corporation to do so in its behalf.
!0
OFFEROR'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of
all answers to questions made hereinafter:
SUBMITTEDTO.- CityofTamarac
Purchasing and Contracts Manager
7525 NW 88" Avenue
Tamarac, Florida 33321
Submitted By:
Name:.
Address:
City, State, Zip
Telephone No.
Fax No.
Check One
L] Corporation
Partnership
Individual
Other
1 State the true, exact, correct and complete name of the partnership, corporation,
trade or fictitious name under which you do business and the address of the
place of business.
The correct name of the Offeror is:
The address of the principal place of business is:
ItA
If Offeror is a corporation, answer the following:
a) Date of Incorporation:
b) State of Incorporation:
C) President's narne:—
d) Vice President's name:
e) Secretary's name:
Treasurer's name:
Name and address of Resident Agent:__
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3. If Offeror is an individual or a partnership, answer the following:
a) Date of organization:
b) Name, address and ownership units of all partners:
State whether general or limited partnership:______
4. If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals:
5. If Offeror is operating under a fictitious name, submit evidence of compliance
with the Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present
business name?
7. Under what other former names has your organization operated?
8. Indicate registration, license numbers or certificate numbers for the businesses
or professions, which are the subject of this Bid. Please attach certificate of
competency and/or state registration.
9. Have you personally inspected the site of the proposed work?
n YES F-1 NO
10. Do you have a complete set of documents, including drawings and addenda?
El YES F-1 NO
11. Did you attend the Pre -Proposal Conference if any such conference was held?
Ll YES F� NO
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12. Have you ever failed to complete any work awarded to you? If so, state when,
where and why:
13. State the names, telephone numbers and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of
work which you have performed and to which you refer (government owners are
preferred as references).
Name Address -Telephone
14. List the pertinent experience of the key individuals of your organization (continue
on insert sheet, if necessary).
15. State the name of the individual who will have personal supervision of the work:
16. State the name and address of attorney, if any, for the business of the Offeror:
17. State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business ard/or individual:
18. State the names, addresses and the type of business of all firms that are partially
or wholly owned by Offeror:
f
19. State the name of Surety Company which will be providing the bond, and name
and address of agent:
20. Bank References:
Bank Address Tellpphon�_
21. Attach a financial statement including Proposer's latest balance sheet and
income statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable,
notes receivable, accrued income, deposits, materials, real estate, stocks
and bonds, equipment, furniture and fixtures, inventory and prepaid
expenses):
b) Net Fixed Assets
C) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued
expenses, provision for income taxes, advances, accrued salaries, real
estate encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings):
22. State the name of the firm preparing the financial statement and date thereof:
23, Is this financial statement for the identical organization named on page one?
D YES 1-1 NO
a) If not, explain the relationship and financial responsibility of the
organization whose financial statement is provided (e.g., parent -
subsidiary).
The Offeror acknowledges and understands that the information contained in
response to this Qualification Statement shall be relied upon by owner in
awarding the contract and such information is warranted by Offeror to be true.
The discovery of any omission or misstatement that materially affects the
Offeror's qualifications to perform under the contract shall cause the owner to
reject the proposal, and if after the award, to cancel and terminate the award
and/or contract.
S ig na t u re
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the _ day of , 20_, before me,
the undersigned Notary Public of the State of Florida, personally appeared
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/sheithey executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
El Personally known to rne, or
13 Produced identification:
(Type of Identification Prodiced)
El DID take an oath, or
0 DID NOT take an oath
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of )
being first duly sworn,
deposes and says that:
1. He/she is the (Owner, Partner, Officer,
Representative or Agent) of the
Offeror that has submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Offeror, firm, or person to submit a collusive or sham Proposal in connection with
the Work for which the attached Proposal has been submitted; or to refrain from
bidding in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or communication, or conference with any
Offeror, firm, or person to fix the price or prices in the attached Proposal or of any
other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price
or the Proposal price of any other Offeror, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against (Recipient),
or any person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the
part of the Offeror or any other of its agents, representatives, owners, employees
or parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
By
Witness
Witness Printed Name
Title
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of _
On this the _ day of 20_, before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/shelthey executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
14
'(Z
hasi±;y4 C;; Dirac Divsi;n
L�
FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM
DEPARTMENT OF STATE CORPORATE CHARTER NO.
It your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST
CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of
Corporations at (904) 488-9000 for assistance with corporate registration or exemptions.
607.1501 Authority of foreign corporation to transact business required
(1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from
the Department of State.
(2) The following activities, among others, do not constitute transacting business within the meaning of
subsection (1):
❑ (a) Maintaining, defending, or settling any proceeding.
❑ (b) Holding meetings of the board of directors or shareholders or carrying on other activities
concerning internal corporate affairs.
❑ (c) Maintaining bank accounts.
❑ (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's
own securities or maintaining trustees or depositaries with respect to those securities.
❑ (e) Selling through independent contractors.
(f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the
orders require acceptance outside this state before they become contracts.
❑ (9) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property.
❑ (h) Securing or collecting debts or enforcing mortgages and security interests in property securing
the debts.
❑ (i) Transacting business in interstate commerce.
❑ Q) Conducting an isolated transaction that is completed within 30 days and that is not one in the
course of repeated transactions of a like nature.
❑ (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within
this state or voting the stock of any corporation which it has lawfully acquired.
❑ (1) Owning a limited partnership interest in a limited partnership that is doing business within this
state, unless such limited partner manages or controls the partnership or exercises the powers
and duties of a general partner,
❑ (m) Owning, without more, real or personal property.
(3) The list of activities in subsection (2) is not exhaustive.
(4) This section has no application to the question of whether any foreign corporation is
subject to service of process and suit in this state under any law of this state.
Please check one of the following if your firm is NOT a corporation:
(1) ❑ Partnership, Joint Venture, Estate or Trust
(II) ❑ Sole Proprietorship or Self Employed
NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II
above. If you do not check I or II above, your firm will be considered a corporation and subject to all
requirements listed herein.
BIDDER'S CORRECT LEGAL NAME
SIGNATURE OF AUTHORIZED AGENT OF BIDDER
-�[Tc-rr in:
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal
certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or 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. In order to have a drug -free workplace
program, a business shall:
1. Publish 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. Inform 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. Give 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), notify 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 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 that five (5) days
after each conviction.
5. Impose a section on, or require 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. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I
certify that this form complies fully with the above requirements.
Authorized Signature Company Name
Purchasing
Division
City of Tamarac
"Committed to ExceHence...Always"
ADDENDUM NO. 1
UNDERWRITING AND FINANCIAL ADVISORY SERVICES
RFP NO. 03-26R
DATE OF ADDENDUM: SEPTEMBER 15, 2003
PLEASE NOTE:
The following items are additional information relative to the above RFP
solicitation.
1. Question. Has there been a feasibility study done by the City's engineer on
the proposed utility improvements?
Answer: No recent feasibility study has been done. The Alternate Disinfection
Project is 50% designed and the 2MG Water Storage Tank and Pump Station
is 75% designed.
2. Question. Regarding section titled, "Debt Coverage -Water and Sewer
Revenue Bonds, on page 45of City's FY 2002 CAFR and the expense
numbers differ from the expense numbers listed in the table on page 91 of
the statistical section by $550,231. Relaying on the numbers on page 45 for
the 110% and 120% test, but want to be sure the reason for the difference
between the two. Is the difference between the two due to the inclusion of
administrative costs and payment in lieu of taxes in the expenses listed on
the table page 91?
Answer: Yes.
3. What are the terms of the $3,250,000 City of Tamarac General Obligation
Bonds, Series 1998? Can we obtain the documentation in order to review the
City debt?
Answer A debt service schedule for the City of Tamarac, Florida General
Obligation Bonds, Series 1998 is attached.
Please return this addendum with your proposal. If you have any questions regarding
this addendum, please call the Purchasing Office at (954) 724.2450,
NAME OF PROPOSER.
7525 `N�'sJ 881^ hvenue a ,omcrac, Florica 33321-24�11 c (954) 724-2450 a Fox (954) 724-2408 it www.tamoroc.org
EgoaD�ao!..n�•y =mpioye�
DEBT SFRV[ri= SrHEDL,
VAC�y�l
Due
►n6eip41
Coupes
1'idd
drier
I.Irml
Cap
Cap lalwd
Net
�rl
Debt
lucrar
Debi 5enicr
Ana YII
Srni4e
1-'1099
a1O199
1CIO I
,
42.711 94
4:,778 94
42,771194
con
CuOVm
.269
4269
100 DW
0.00
69371.23
69J7115
69.371 J3
ODO
123.630)9
4169
T` 69J7115
69,371_]
C.DO
69.3'1.2 5
C 00
4101/01
64A 101
4269
100 DW
123.630,39
•.
69J71...
193.00I M
0 00
193.001 64
26:J!2 to
I"IA1
1 :1.90t.16
4169
4.269
66.73236
66.732J6
000
66.732.36
O4AINI
00
1000
1:1.90116
W13236
19!.640.S2
000
I93.640.3_'
151D 1.02
134.41t15
4169
43.910.12
63-M 1.'
0.00
63.9t0 t2
262372.ti
04)01/0)
4169
IW.OW
I}4!1113
63.9110 L'
1911392.07
0.00
191-39207
16V 1i01
140.14917
4.269
4 169
100.000
61.IIL11
-- 61.11141
0,00
61, 111.11
74J7: 19
o4ro 1 A4
140.14927
61.1 11.1-1
201.261.D1
0 D0
2111 j61.D1
26-lJr_ n
I ONIRI4
146.1J:14
4269
4269
5t.12o32
31.120J2
0.00
51.1.03_
04101 I93
100 D00
146.1]'_3,
,
SLQDJ_
204152.56
0DO
2U11!: 56
l")w
13• ,
J>Ci
4269
55.001.1]
3!.D01.13
000
53.001.11
6:
Oupl iO6
4-69
100000
15'_370.62
53.00113
207J71,73
000
207371 :!
I"146
131.1161:
4]69
31.741.78
51.74371
0.00
51.74971
26237:-fd
aro127
41 69
100 000
I SIXJ2
51.748 71
210.62410
ooa
210.6:+
10
26:37:11
01
16!.63 "70
1'269
4169
100.000
41357.!9
4135759
0.DO
4335759
,1.
O4A1101 OI
16!.657.70
41.357.!9
214.01519
O W
214,01 L'9
I woo/Ot
17:.-296:
4.269
4.:69
44.CI.63
44.R163
0.00
u,a216J
:6:J72.Ib
04.'C1rtp
100000
17'-.T_9, 62
u. t7163
< ,
217._l1.5
0DO
217.531..'5
I Wo!/79
I IC.101 +S
4.269
4169
41,1)r.72
41.134.72
D00
41.13472
26:J7is
a,rol/IC
1OC. DW
11C.103 45
41.134.72
'_211)I 17
DW
21111a17
ICv01/lo
I I7.142 Od
416p
37190+1
37_•9041
000
37.20041
26'172.19
ouol/11
,-269
100 DDC
It^..792 06
37190+I
:2!01:,7
oW
z2]o324,
1arol; 11
19!.lat 90
a 169
33111 99
33111 99
O.CO
23111 99
262JT IS
W/Ol/;:
416Q
100 000
195.tO1_90
J2111 99
�-,q ow 19
O W
229.090 l9
262J72.p
1 D'C V 12
:a16tm
4169
4169
29.102 43
29.10: 45
0 0p
29,10245
W 10,,:1
la0000
2a,16aW
29.10: 45
23J17045
000
23311043
10'01,1i
24.144 41
74,7u ,t
coo
:4,7u 4a
262J7: 90
ai0V7a
.;: tIJ 93
42 6S
4 269
10C 000
212.113 S3
74.74a Al
2a7.62t 41
000
:37.621 41
26237: t0
I0'0114
.,
_ .9^. 19L
4169
4169
20.:DC 4'
201W,7
O W
2C 200 47
D"I, 15
10O00
2: 1,971.9.4
2C10C 47
:42,17241
D.00
24:. 17: 41
,
I b01:I-'
:31.a479)
4-
'�
+16p
15.46: 43
1 5.46: 41
000
15.46:41
26.JTL
W'oI It
IOC OOO
2)I.447.93
13.46: 43
24691047
0W
:46.91041
7t2J72 d9
:0'ol!It
69
1Wo00
2nJ2a4s
!:,`
,.,,
0D°
1Ds:_,2
a'C I'I'
10.!L,
31.13067
0Do
251.15067
10'ou17
:s; e1c 77
4269
:J71 De
5J71.D4
DDD
'_J7106
262J': 19
.J69
laooD
:31,6J07'7
rJ71 U6 237.00
Lai
000 l$7.W1.0
26:J7:19
3 'sc.Doo
��^� ._270,000 0p LS14.16: 13 ,,1 L,16: 13 ;I`.I SG 19 4,7y,71154
Purchasing and
Contracts Division
City ofTamaruc
"Committed to Excellence ... Alwoys"
ADDENDUM NO.2
UNDERWRITING AND FINANCIAL ADVISORY SERVICES
RFP NO. 03-26R
DATE OF ADDENDUM: SEPTEMBER 17, 2003
PLEASE NOTE:
The City's standard language consultant agreement is attached, which normally is
included in similar RFP sol,citations. It was inadvertently omitted with the original RFP
transmittal. The attached agreement will be the vehicle during the negotiation phase of
the solicitation process that will finalize a contract, if such negotiations are successful.
Please return or acknowledge receipt of this Addendum No. 2 and all such addendums
with your proposal.
NAME OF PROPOSER:
If you have any questions, please call the Purchasing Office at (954) 724-2450,
t7r
James Nicotra, CPPB
Senior Procurement Specialist
r EE'^ 5^ e � 7 mayoc. Frio,;do 33321-24C1 ■ 19 4; 724-2450 s .ox (954) 724-24CE 0 www.tamorac.org
ECoal 3;n P0"aniiy ;mDloyer
Underwriter and Financial Advisory Services RFP 03-26R
Evaluation Totals
Proposal Evaluations - Oct. 7, 2003
TR 10269
EXHIBIT 2
.q o �
4 47 y ayi �m
r w 3 c
ua°' $ m e
i y o
j L" m J
i o ii 3 a
Experience of Project Team of 60possible)
571
591 47
391
36
Average Expertise 8 Experience (of 20 possible)
1 19-001
19.671 15.571
_441
14.671
13.001
12.00
Ca ital Position/Ex . w1FL Financing. . Lof 60possible) 541
571
451
53
46
45
Average Capital Position/Exp. w/FL Financings (of 20 possible) 18.00
19.00
15.00
17.67
15.33
15 on
Marketin Strate of 45possible)38
37
33
3D
32
28
Average Marketing Strategy ( of 15 possible)
12.67
12.33
11.D0
10.00
10.67
9.33
Innovative Techniques of 30possible)
271
T81
281
18
20
18
Average Innovative Techniques (of 10 possible)
1 9.001
9,331
9.331
6.001
6.671
6.00
<es onse to bDeCITICations of RFP of 15possible) 15 12 15 12 101 11
LAverage Response to Specifications of RFP (of 5 possible) 1 5.00 4 00 5.00 4.001 3.331 3.671
Client References of 60possible)
591
54 56
48
45
45
Average Client References (of 20 possible)
19.67
1-8.001 18.671
16.001
15.00
15.00
Cost of Services of 30possible)
25.21
151
27.91
211
29.7
21.9
Average Cost of Services (of 10 possible)
1 8.401
5.001
9.301
7.001
9.90
7.30
Total Points of 300 ossible
27521
262
251.9
226
221.7
204,9
Average Points (of 100 possible)
91.73
87.33
83.97
75.33
73.90
68.30
Rank 1 1 2 1 3 14 5 6
TR 10269
EXHIBIT 3
of ; amarac=,..1� Purc.hasrng and :,ontrac?s L!Oslon
AGREEMENT FOR PROFESSIONAL SERVICES
v
THIS AGREEMENT made and entered into this day of
y`
20, by and between the City of Tamarac, a municipal corporation of the State of Florida
with principal offices located at 7525 NW 881h Avenue, Tamarac FL 33321, hereinafter
referred to as CITY, and Kirkpatrick Pettis, Smith, Polian, Inc., a Nebraska corporation with
offices located at 3504 Lake Lynda Drive, Suite 155, Orlando FL 32817, hereinafter
referred to as CONSULTANT:
WHEREAS, the CITY intends to utilize a Financial Advisor to oversee the issuance
of Utilities Revenue Bonds, Series 2003; and,
WHEREAS, the CITY requires certain professional services in connection with
said Financial Advisory services; and,
WHEREAS, the CONSULTANT represents that it is capable and prepared to
provide such Services:
NOW THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be upon notice to proceed and is
transaction -specific, as contained in the scope of Request for Proposals (RFP) 03-26R.
ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT
The CONSULTANT shall perform the services in accordance with the provisions
contained in the request for proposals as specifically stated in the general Scope of
Services, including the additional services required of the Financial Advisor as referenced
in RFP 03-26R, and as may be specifically designated and additionally authorized by the
CITY. Such additional authorizations will be in the form of a Purchase Order. Each
Purchase Order will set forth a specific Scope of Services, amount of compensation and
completion date.
ARTICLE 3 - COMPENSATION
The CITY shall pay CONSULTANT in accordance with the provisions contained in
RFP 03-26R as specifically stated in the Fee Proposal, Financial Advisor Compensation,
which is attached hereto and incorporated by reference as part of this Agreement.
ARTICLE 4 - STANDARD OF CARE
CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a professional under similar
circumstances and CONSULTANT shall, at no additional cost to the CITY, re -perform
services which fail to satisfy the foregoing standard of care. Although CONSULTANT
shall perform the Services diligently, competently, professionally and in good faith,
CONSULTANT does not guarantee that bonds can be issued at a particular interest rate.
ARTICLE 5 - INDEMNIFICATION
CONSULTANT shall, in addition to any other obligation to indemnify the CITY and
to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the
t
Oz,�
Parchasin and Contracts Division
City of Tamarac g ^_
CITY, their agents, elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any actual or alleged:
a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arising out of or
resulting, or claimed to have resulted in whole or in part from any actual or alleged act or
omission of the CONSULTANT, any subconsultant, if utilized under this agreement, and
anyone directly or indirectly employed by any of them, of anyone for whose acts any of
them may be liable in the performance of the WORK; or b). violation of law, statute,
ordinance, governmental administration order, rule, regulation, or infringement of patent
rights by CONSULTANT in the performance of the Work; or c). liens, claims or actions
caused by the CONSULTANT or any subconsultant under workers compensation acts;
disability benefit acts, other employee benefit acts or any statutory bar. Any cost of
expenses, including reasonable attorney's fees, incurred by the CITY to enforce this
agreement shall be borne by the CONSULTANT.
Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reasons, the terms
and conditions of this Article shall survive indefinitely.
ARTICLE 6 - INDEPENDENT CONTRACTOR
CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. CONSULTANT shall work closely with the CITY in performing
Services under this Agreement.
ARTICLE 7 - COMPLIANCE WITH LAWS
In performance of the Services, CONSULTANT will comply with applicable
regulatory requirements including federal, state, and local laws, rules regulations, orders,
codes, criteria and standards. This includes, without limitation, compliance with MSRB
Rule G-23 (Activities of Financial Advisors).
ARTICLE 8 - INSURANCE
During the performance of the Services under this Agreement, CONSULTANT
shall maintain the following insurance polices, and provide originals or certified copies of
all policies, and shall be written by an insurance company authorized to do business in
Florida.
1. Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Agreement, Workers' Compensation Insurance
covering all employees with limits meeting all applicable state and federal
laws. This coverage shall include Employer's Liability with limits meeting all
applicable state and federal laws. This coverage must extend to any
subconsultant, if utilized under this Agreement, that does not have their own
Workers' Compensation and Employer's Liability Insurance. The policy
must contain a waiver of subrogation in favor of the City of Tamarac,
executed by the insurance company, Sixty-(60) days notice of cancellation
is required and must be provided to the City of Tamarac via Certified Mail.
o`Tamarac +'. `�`jo Purchasing and Contracts Owision
2. Comprehensive General Liability: The CONSULTANT shall procure and
maintain, for the life of this Agreement, Comprehensive General Liability
Insurance. This coverage shall be on an "Occurrence" basis. Coverage
shall include Premises and Operations; Independent Contractors' Products
and Completed Operations and Contractual Liability with specific reference
of Article 5 of this Agreement. This policy shall provide coverage for death,
personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
The CITY must be named as an additional insured unless Owners and
Contractors' Protective Coverage is also provided, or required. Sixty (60) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
3. Business Automobile Liability: The CONSULTANT shall procure and
maintain, for the life of the Agreement, Business Automobile Liability
Insurance.
4. Professional Liability (Errors and Omissions) Insurance: $1,000,000
The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall
be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the
Policy. Sixty-(60) days written notice must be provided to the CITY via Certified Mail in the
event of cancellation.
In the event that subconsultants, if utilized under this agreement, used by the
CONSULTANT do not have insurance, or do not meet the insurance limits,
CONSULTANT shall indemnify and hold harmless the CITY for any claim in excess of the
subconsultants' insurance coverage, arising out of negligent acts, errors or omissions of
the subconsultants.
CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been approved by
the CITY.
ARTICLE 9 - CITY'S RESPONSIBILITIES
The CITY shall be responsible for providing access to all project sites, and
providing information on hand that are available in the files of the CITY the exception of
the City Attorney's files that are subject to confidentiality. It is agreed that CONSULTANT
may use and reasonably rely, without further inquiry or any duty to verify independently,
on information provided by the CITY.
ARTICLE 10 -TERMINATION OF AGREEMENT
The obligation to continue Services under this Agreement may be terminated for
cause by either party upon'seven (7) days' written notice of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating
pa rty.
of Tamarac Y �j.+,Sl,', � jw Purchasing and Contracts Division
CITY shall have the right to terminate this Agreement or suspend performance
thereof without cause for the CITY's convenience upon written notice to CONSULTANT,
and CONSULTANT shall terminate or suspend performance of Services on a schedule
acceptable to CITY. In the event of termination or suspension for CITY's convenience,
CITY shall pay CONSULTANT for all Services performed through the date of notice of
termination or suspension or as otherwise provided in said schedule acceptable to the
CITY.
City of Tamarac, Purchasing and Contracts Division
ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION
CONSULTANT shall consider all nonpublic, confidential and proprietary
information provided by CITY and all reports, studies, calculations, and other
documentation resulting from the CONSULTANT's performance of the Services to be
proprietary unless such information is available from public sources. CONSULTANT shall
not publish or disclose proprietary information for any purpose other than the performance
of the Services without the prior written authorization of CITY or in response to legal
process.
ARTICLE 12 - UNCONTROLLABLE FORCES
Neither the CITY nor CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the non -performing party
could not avoid. The term "Uncontrollable Forces" shall mean any event which results in
the prevention or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party. It includes, but is
not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The nonperforming party shall, within a
reasonable time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other parry describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this
Agreement.
ARTICLE 13 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all
legal action necessary to enforce the Agreement will be held in Broward County and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 14 - MISCELLANEOUS
14.1 Nonwaiver
A waiver by either CITY or CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party's rights with respect to any
other or further breach. The making or acceptance of a payment by either party with
knowledge of the existence of a default or breach shall not operate or be construed to
operate as a waiver of any subsequent default or breach.
14.2 Severability
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The nonenforcement
s
/MF
of Tamarac Purchasing and Contracts Division
of any provision by either party shall not constitute a waiver of that provision nor shall it
affect the enforceability of that provision or of the remainder of this Agreement.
The provisions of this section shall not prevent the entire Agreement from being
void should a provision, which is of the essence of the Agreement, be determined to be
void.
ARTICLE 15 - INTEGRATION AND MODIFICATION
This Agreement is adopted by the CITY and CONSULTANT as a complete and
exclusive statement of the terms of the Agreement between the CITY and CONSULTANT
regarding the matters set forth herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters or other communications
between the CITY and CONSULTANT pertaining to the Services, whether written or oral.
The Agreement may not be modified unless such modifications are evidenced in
writing signed by both the CITY and CONSULTANT.
ARTICLE 16 - SUCCESSORS AND ASSIGNS
The CITY and CONSULTANT each binds itself and its directors, officers, partners,
successors, executors, administrators, assigns and legal representatives to the other
party to this Agreement. This Agreement shall be binding on each party's legal
successors in interest, but neither party may assign all or any part of this Agreement
without the prior written consent of the other party.
ARTICLE 17 - CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee or consultant working solely for the
CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee or consultant working solely for the CONSULTANT, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
ARTICLE 18 -TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a
truth -in -negotiation certificate certifying that the wage rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete and current as
of the date of the Agreement.
The said rates and cost shall be adjusted to exclude any significant sums should
the CITY determine that the rates and costs were increased due to inaccurate,
incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to
outside consultants. The CITY shall exercise its rights under this "Certificate" within one
(1) year following payment.
ARTICLE 19 - OWNERSHIP OF DOCUMENTS
CONSULTANT shall be required to work in harmony with the CITY and its other
consultants relative to providing information requested in a timely manner and in the
specified form. Any and all documents, records, disks, original drawings, or other
J
of Tamarac `..1 Purchasing and Contracts Division
information shall become the property of the CITY upon completion for it's use and
distribution as may be deemed appropriate by the CITY.
ARTICLE 20 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder
shall be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
With a copy to the City Attorney at the same address.
CONSULTANT:
Jeffrey T. Larson, Senior Vice President
Kirkpatrick Pettis, Smith, Polian Inc.
3504 Lake Lynda Drive, Suite 155
Orlando, FL 32817
PH: 407-482-2327
Notices shall be effective when received at the address specified above. Changes
in the respective addresses to which such notice may be directed may be made from time
to time by any party by written notice to the other party. Facsimile is acceptable notice
effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on
weekends or holidays, will be deemed received on the next business day. The original of
the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of
routine communications between representatives of CONSULTANT and CITY.
of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing by and through its Mayor and City Manager, and Kirpatrick Pettis
Smith & Polian, Inc., signing by and through its Senior Vice President, duly authorized
to execute same.
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
ATTEST: Jeffrey L. Miller, City Manager
Marion Swenson, CMC Date
City Clerk
Approved as to form and legal sufficiency:
Mitchell S. Kraft, City Attorney
Date
ATTEST: Kirkpatrick, Pettis, Smith, Polian Inc.
Company Name
"4Ka
(Corporate Secretary) igna u f enior Vice President
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Jeffrey T. Larson
Type/Print Name of Senior Vice President
1Z> /o3
Date
s
City of Tamarac ' " Purchasing and Contracts Division,
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jeffrey T. Larson, Senior Vice President of Kirkpatrick, Pettis, Smith, Polian Inc., a
Nebraska Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this C'7 , day of J I=u�-_
20:_-`•
Signature of Notary Public
a""" skow State of Florida at Large
MY C M"W"W W191044
Exptra Mwch ao, 2W
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
09/18/2003 09: 48 FAX 402861711 ' HjLRRY A HOCH CO Z002
A CQ&D 0 F.
T V� L I --I
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER 402 861-7000
THE HARRY A. KOCH CO.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PC BOX 452"19
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
OMAHA NE 68145-0279
COMPANI'_S A=FOIRDING COVERAGE
COMIAANY THE CINCINNATI INSURANCE CO
INSURED
KS Comora-ion
COMIANT
B THE CINCINNATI CASUALTY CO
10250 Fe-enDy Circle,Suije 500
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C.-nahe NE 68114
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S IS 7^ CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED 70 THE INSURED NAMED ABOVE FOR 711 POLICY PERIOD
INDICATFI] NO-N717USTANDIN3 ANY REOUIREIVIEW7, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH -ri;5
CERTIFICATE V.AY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
FX::LUSIC',S PNO CONDITIONS CF SUCH POLICIES, LIMITS SHOWN WAY HAVE BaN REDUCED BY PAID CLAIMS.
POLICY EXPIRATION
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�FDZ-25F - PROPOSAL FOS C"IN7RACT TO PROVIDE UNDERWRITING AND
Flrs-"XA, ADVISORY SERVICES - KIRKPATRICK, She[7H_ POLIAN, iNIC.
C11' OF -I Mq PA rL IS GENERAL LIABILITY ADDITIONAL IF SL;REO'
-'=-SSiDNAL 5E7VICIES AF.-t =_XCL'"'r-,ED =-;m?OV -OV=RA,
C;_Y OF TAMARtC, FLC)'R]_r,)A
I"OUI&D ANY 09 THE ABOVE JrSCPIB_'G PQLK'-I"6 BE CANCLI D BEFORE TIE
EXPIRATIDN DATE YHrREOF, THE IS53WG COMPANY WILL ENDEAVOR TO VA.
;-T—N: JtIVIES `ICC�7, ;A, CONR M.C-P
3c
v4Ys wnr'-ry No-.izE TO THE CER71FICLTp HOLDER NAMED TO THE L-.;-,
7�2E N Vv. .=,VFNU=
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BUT FA` LEE 70 VAIL SUCK:NO-C2 SHAL. IMPOSE NO DVUGAT.PN OR LALI1
L 3 2 1 2 4 C
:7 ANY "fIND UPON C:,rAP4* rz Amvt's 0F RE-RnEwA.7v=z
At IORZ! /_'-%:ZENTA7V
04/17iO3 14:08 F.AX 954 724 132: CITY OF TI FI>;,t:'�CE
KP--TIUCK, PEMS, SNUTJ� POLLk-'�T Dic.
T pert 7. Lt:ni E
xecntive Vi;ePrcnceat General Cou-sel and Secretary af_lpa tie
Sr^lth PoL"a Inc. a Ise ka Corporation Me "Corporation"), do lsereb ce
k Pettis,
d'-a1s e iy hoI3 II �e Co po ation he officer os Y •iy Lhat ztie foll
P itiom next to ;heir rames below:
''ef{ey T. Larson Setior V;re P:esid=t
Ch:iStopheric $Iackwood Senior Vice Plesident
I- Kea, 7. Lund, Execut N., Vice President, G=era1 Counsel and 5ecre+aty of e Corporation, do
Q=by per zy hat each of o , T. Larson and ChastopharK Mack -Wood as 5eniot Vice
�stcer s of`t e Ccr�o.'aior,.
is au:honzed to act for and on behalf Of&.e Ceraoration in respect of the
nderw t ng °gam e` i �corae sect:,zt:es and including the -execution aid delivey
CncF, IIeatS protj {for Lhep trchase ozpia:ement o-.Fxed iaco�-ne secu:ties
tax-excrn t mixed itcorne s=*`es), firaacial cons lt2n
4r d fyed i:1CDTe advisory setvice a e,. t. Este] agency,
r en`s zed , deliti'e: all such documents .t g=a_:zl yio execuie end
P. p •a To effect,tat The �zd a=R e a]l such aetiors as may be necessary
znd a ono ^. t-
L g of said securities-
DATEb THIS Tu DAY OF ZilO�j
Kirk'Patrick, Pettis, Smith, Polian br
V--1
Executive �'ic President; General Counsel
and Secretary
24all
Kirkpatrick, Pettis, Smith, Pofian Inc.
10230 Regeicy Circle
Suite 530
Or-.aha, N_ 68114-57C'
422-397:7%-
820-776 77
September 17, 2003
lames Nicotra, CPPB
Interim Purchasing &, Contracts Manaeer
City of Tamarac
7525 N.W. 88"'Ave.
Tamarac, FL 33321-2401
RE: RFP 03-26R Underwrter & Financial Advisory Services
Dear Mr. Nicotra:
Kirkpatrick aPettis
Based upon the Firm's financial strength, our corporate policy :s to self -insure for
Professional Liabiliy, Insurance relative to Underurtine and Financial Advisory services
p-ovided by Kirkpatrick Pettis.
Enclosed for your review is the Firm's June 30, 2003 Audited Statement of Financial
Condition and the Firm's July 31, 2003 FOCUS.
Per the enclosed certificate of insurance, we meet all remaining insurance requirements
except for the Workers' Compensation waiver of subrogation. While we meet all federal
and state euidelines for Workers' Compensation, our policy roes not provide a waiver of
subrogation to the Ciry.
1` you are in need of additional information, please contact the undersigned.
Sincerely,
Kurt W. Kitson
Executive Vice President, T--easuier & CFO
Enclosures
c c.: Jeff Larson
MEMBER NhSD 5 5_'P-
PROPOSED COMPENSATION TO CONSULTANT;
A. BOND OR LONG-TERM LEASE PURCHASE ("COP") FLNANC24GS
The City shall pay to the Consultant a fee in accordance with the following Fee Schedule:
S15,000 Fee for any issue up to $10,000,000.
S15,000 Base Minimum Fee for any issue over $10,000,000, plus $1.25 per $1.000 for all
bonds over S10,000,001.
If the City receives a legal bid for the Obhgations from a bona fide purchaser which complies
with the bid specifications and offers acceptable interest rates, and thereafter, the City decides not
to issue the Obligations, the Consultant will be paid the appropriate compensation as set forth in
this Section A.
B. BANK OR LEASE Frl .kNCING
The City will pay to the Consultant a fee in accordance with the following Fee Schedule:
$5,000 Fee for any financings up to $5,000,000.
S10,000 Fee for any financings from $5,000,001 to $10,000,000.
S 15,000 Minimum Fee for any financings over S 10,000,000,
plus S0.75 per S1,000 for all financings over $10,000,001,
The fees paid under both A and B above will cover the Consultant's professional services. In
addition, the Consultant's travel, office, computer, communications and out-of-pocket expenses
for engagements in Section A and B, wzll be reimbursed by the City following receipt of an
invoice. Any City authorized out-of-state travel and related expenses will be billed at actual
costs, and approved by the City on each financing.
C. GENERAL SERVICES
In addition to the financings noted above, the Consultant agrees to be available to advise the City
from time -to -time as to budgetrplanning matters, financial planning, tax matters, economics, and
community development, referendum issues, investments and long-range capital planning. If the
Consultant assists the City in these areas or designs a capital improvement financing plan or
strategic operating plan at the request of the City, the Consultant shall be paid on an hourly basis
for al time expended by its personnel. The hourly rates shall be as follows:
Senior Vice President: $200.00/Hour
Vice President, or Assistant Vice President: S150.00/Hour
Consultant: $125.00/Hour
Administrative Assistant $ 35.00/Hour
In addition to such hourly fees, the Consultant's expenses will be payable by the City as set forth
above.
V. 6!'^2Y2C i '=s;,^^� 2^C ,.CnJdv;S JWlsior;
REQUEST FOR PROPOSALS
RFP 03-26R
Underwriting and Financial Advisory Services,
Utilities Revenue Bonds, Series 2003
Fee Proposal:
1 _ Underwriters' Compensation
Underwriter's Discount (per $1000 bonds) $ 6 - 0 o
Reimbursable Expenses` not to exceed S N/A
'List what is included in reimbursable expenses:
All expenses to be covered within proposed $6.00/1,000 gross
spread on an AAA rated, insured Utility Revenue Bond issue
except for (i) any out-of-state travel (as approved by the City)
and (ii) any local tombstone advertising if desired by the City.
Estimated initial issue size of $10,000,000.
or 2. Financial Advisor Compensation
*Flat Fee $ Please see attached
Reimbursable Expenses' not to exceed S. please sr e attached
'List what is included in reimbursable expenses:
*Please refer to the attached proposed fee schedule for ongoing
financial advisory services.
This Fee Proposal is to be enclosed in a sealed envelope
with your submittal.