REQUEST FOR PROPOSALS
Financial Advisory Services Date: April 1, 2013 City of Buena Vista City Manager's Office 2059 Sycamore Avenue Buena Vista, VA 24416
Phone: (540) 261-8601 Fax: (540)261-2142
Sealed proposals, subject to the terms and conditions contained herein, will be received at the City Manager's office, 2039 Sycamore Avenue, Buena Vista, Virginia, 24416, through the due date and hour shown below (local prevailing time), for furnishing the following described materials, and/or services, for delivery and/or performance Buena Vista, Virginia.
Scope of Work: The purpose of this RFP is to establish a term contract with a qualified firm to provide various financial advisory services to the City for three (3) years, with the option to renew the contract for up to two (2) additional one (1) year periods.
Proposals Due: June 10, 2013 by 2:00pm
Contract Officer: Jay Scudder, City Manager, (540) 261-8601, email:jscudder@bvcity.org
ONE ORIGINAL AND THREE COPIES OF YOUR SUBMITTAL IS REQUIRED 1
In compliance with this Request for Proposals, and subject to all the conditions thereof, the undersigned offers to furnish the materials requested and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this proposal, and is authorized to contract on behalf of firm named below.
Company Name: __________________________________________________________________________
Address: _________________________________________________________________________
City/State/Zip: __________________________________________________________________________
Telephone: __________________FAX No.: ____________________ E-mail: _______________________ Federal Tax ID (or Social Security #):
Print Name: _______________________________________ Title: ____________________________
Signature: ______________________________________________ Date: _____________________________
NOTICES
Inquiries regarding the technical aspects of this need and the procedures of this solicitation should be directed to Tim Dudley, Director of Finance, at (540) 261-8631.
GENERAL TERMS AND CONDITIONS
1. Governing Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of Buena Vista, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations (§ 15.2-1235, Code of Virginia).
2. Anti-Discrimination: By submitting their proposals, offerors certify they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia). In every contract over $10,000 the provisions in "a" and "b" below apply:
a. During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.
b. The Contractor will include the provisions of "1" above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.
3. Ethics in Public Contracting: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or sub-contractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.
4. Immigration Reform And Control Act Of 1986: By submitting their proposal), offerors certify that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended (§ 2.2-4311.1 Code of Virginia).
5. Debarment Status: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia or any government entity from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
6. Antitrust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the City of Buena Vista all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Buena Vista under said contract.
7. Clarification of Terms/Addenda: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the contract officer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the contract officer and posted on the public posting board in City flail. It is the offerors sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer. (§ 2.2-4316, Code of Virginia).
8. Drug Free Workplace: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subContractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
9. Availability of Funds: It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available "subject to appropriation" by the City Council for the purpose of this agreement, ref § 15.2 Chapter 25 Code of Virginia.
10. Precedence of Terms: Paragraphs 1-10 of these General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply.
11. Identification of Proposal Envelope: If a special envelope is not furnished, or if return in a special envelope is not possible, the signed proposal should be returned in a special envelope or package, sealed and identified with the Offeror's Name, Solicitation Number and Due Date and Time. Prices or changes shown on the outside of an envelope is not acceptable and will not be considered.
12. Late Proposals: To be considered for selection, proposals must be received by the City Manager's office by the designated date and hour. Proposals received in the City Manager's office after date and hour designated are automatically non-responsive and will not be considered. The City is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or the Inter-Departmental City Mail System. It is the sole responsibility of the offeror to ensure that its proposal reaches the City Manager's office by the designated date and hour. If the City is closed for business at the time scheduled for the receipt of proposals, the proposals will be accepted on the next business day of the City, at the originally scheduled hour.
13 .0ualification of Offerors: The City Manager may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the City Manager all such information and data for this purpose as may be requested. The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
14. Additional Information: The City reserves the right to ask any bidder to submit information missing from its proposal, to clarify its proposal, and to submit additional information which the City Manager deems desirable. By submitting their offers, bidders certify they understand these prohibitions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these prohibitions are breach of contract and can result in default action being taken by the City.Award Notices: Awards or Decision's to Award shall be posted on the public posting board in City Hall, ref. § 2.2-4360, Code of Virginia.
15. Protest of Award or Decision to Award: Any Offeror who desires to protest the award or decision to award a contact shall submit such protest in writing to City Manager no later than ten days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The City Manager shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten days by instituting legal action as provided in § 2.2-4364 of the Code of Virginia.
16. Assignment of Contract: The resulting contract shall not be assignable in whole or in part without the City's written consent.
17.Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City Manager, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have.
18. Cancellation of Contract: The City Manager reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.
19. Contractual Disputes: In accordance with § 2.2-4363 of the Code of Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the City of Buena Vista, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached, to the City Manager. The City Manager shall render his/her decision within thirty (30) days.
20. Indemnification: Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered.
21. Cooperative Agreement: This solicitation is being conducted under the provisions of § 2.2-4304 of the Virginia Public Procurement Act, "Cooperative Procurement", as stated, a public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of the other public bodies. If authorized by the Bidder(s), the resultant contract(s) may be extended to any jurisdiction within the Commonwealth of Virginia to purchase at contract prices in accordance with contract terms. Any jurisdiction using such contract(s) shall place its own order(s) directly with the successful Contractor(s). The City Manager's office of the City of Buena Vista, VA acts as the Contracting Agent and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Contractor's responsibility to notify the jurisdictions of the availability of contract(s). Bidders desiring to offer to other jurisdictions under this clause should so indicate in their response.
SPECIAL TERMS AND CONDITIONS
1. Independent Contractor: The Contractor shall not be an employee of the City of Buena Vista, but shall be an independent Contractor. Nothing in this agreement shall be construed as authority for the Contractor to make commitments, which shall bind the City of Buena Vista or to otherwise act on behalf of the City of Buena Vista, except as the City of Buena Vista may expressly authorize in writing.
2. Supremacy Clause: Notwithstanding any provision in the offeror's response to the contrary, the offeror agrees that the terms and conditions contained in the City's Proposal shall prevail over contrary terms and/or conditions contained in the offeror's response.
3. Final Decision: The offeror agrees that the decisions of City Council is final and shall hold the City, their directors, employees, consultants and those involved in this solicitation and selection, and the successful vendor(s) harmless. The submission of a proposal indicates adherence to these conditions.
4. Renewal of Contract: This contract may be renewed by the City for a period of two (2) additional successive (1) one year periods under the terms and conditions of the original contract price, increases may be negotiated only at the time of renewal. Written notice of the City's intention to renew shall be given approximately 90 days prior to the expiration date of each contract period. City Council reserves the right to extend any contract; after its final expiration date on an annual basis, if deemed to be in the best interest of the City.
5. Questions: Questions about the proposal are to be submitted in writing, to the Finance Director, Tim Dudley, 2059 Sycamore Avenue, Buena Vista, VA 24416 or email at tdudley bvcity.org Request for additional information or interpretations on instructions may also be addressed. The City Manager's office urges interested vendors to communicate concerns during the response period to avoid misunderstandings. Questions received less than five (5) business days prior to the proposal due date may not be answered; Questions may be answered by written addenda. All addenda issued by the City Manager's office shall become part of the specification and may be made part of the contract documents. Addenda will be distributed to all that are known to the City Manager's office to have received a complete set of solicitation documents. Addenda will also be posted on the Buena Vista web site. No addenda will be issued later than three (3) days prior to the solicitation due date, except an addendum cancelling or postponing a solicitation may be issued at any time prior to the receipt of offers. It is the offerors sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer and acknowledged them in.their proposal response.
6. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement
SCOPE OF SERVICES
The City of Buena Vista ("City") is seeking proposals from qualified, government experienced, financial advisors to provide various financial services for an initial term ending three (3) years from the date the contract is awarded, with the City's option to renew for two (2) additional, one (1) year terms. Specifically, the City desires the successful offeror to provide the following services:
1. Assist in the establishment and review the City's financial policies. This should include suggestions for establishing or changing financial policies, such as the inclusion, deletion, or change of existing limitations that would better position the City for the future and positively impact the City's standing with existing and future investors.
2. Review and assist in establishing a viable City Capital Improvement Plan and the related financing plan initially, and each subsequent Capital Improvement Plan annually thereafter during the contract period. Concurrent with the review, prepare an annual debt capacity study. Propose modifications to the financing plan which would enhance cash flow, improve financing interest rates, conform to applicable tax regulations and ensure compliance with fiscal policies. This study should include considerations in the City's Comprehensive Plan, and any other major factors that may impact the need for capital facilities and the City's ability to address those needs within the necessary time frame.
3. To provide pertinent advice and counsel for the duration of the contract to the City concerning developments in the financial community in general and municipal finance in particular, to enable the City to remain in the best possible financial posture.
4. If advisable upon review of the past, current, and future financial position of the City, and upon the concurrence of City Council, to assist City officials in developing information to be presented to municipal bond rating services in order to achieve or establish more preferential credit worthiness with the objective of refinancing or financing new projects at preferred market rates.. The Financial Advisor would be responsible for meeting with City staff to determine the data to be presented, assist with the development of the presentation, and accompany officials to all presentations and interactions with the rating service. The Financial Advisor will also assist the City in any other related areas that may amend or improve means to obtain financing.
5. To provide guidance to the City in all matters regarding bond sales and assist in the preparation and development of all documents necessary for the completion of a bond sale. The Advisor shall analyze and make recommendations with respect to the type of sale of notes/bonds, assist the City in all actions regarding the selection of bond underwriting firms on negotiated sales, and assist in the preparation and development of all financing documents, to include the printing of the Official Statement and other offering documents.
6. To provide upon request, other duties as appropriate within the normal scope of financial advisor's relationship to a retained client.
PROPOSAL SUBMISSION REQUIREMENTS
A. Executive Summary - This should include a statement of understanding of the Scope of Services, and a brief overview of the key elements of your proposal. Highlight any features or areas that differentiate your services from competitors.
B. Request for Proposal - A signed and initialed Request for Proposal document with any addenda acknowledgements filled out and signed as required.
C. Work Approach - Describe how the Financial Advisor will plan, conduct, and report on the various financial services, and coordinate their work with City management. Include milestones and deliverables.
D. Qualifications and Experience of Firm - Describe the firm's qualifications to perform the financial advisory services, and the firm's experience with other local governments and authorities. Include references from similar projects. Discuss availability of staff that may be considered as experts in the field of governmental accounting, debt financing, rate analysis, accounting, development activities and information technology.
E. Qualifications and Experience of Financial Advisor - Identify the individual consultants assigned to the work, and their qualifications, training and experience to perform the services. Describe the plan to maintain the quality and continuity of staff during the term of the contract.
F. Joint Ventures or Associated Firms - Name and describe any associated firm or joint venture that would be involved in the assignment. Show the names and addresses of all individuals or organizations included, and describe their particular areas of anticipated responsibility(ies) with respect to the requested services.
G. Cost Proposal - The cost for the services offered that is described in sufficient detail to allow an understanding of all cost elements. Any hourly rates shall be fully loaded to include all costs, administrative, travel or otherwise, that the Advisor expects to charge. In the case of annually renewable contract options, the Advisor may submit a request to the City for a price adjustment no more than once annually. Such requests must be submitted at least thirty (30) days prior to the end of the then current contract period or renewal period, as the case may be, and shall apply prospectively to the following renewal period or periods.
H. Resumes - Resumes of individual who will be assigned to the work. Specifics such as professional certifications, college degrees, experience in local government and/or authorities performing comparable work should be dearly shown.
EVALUATION CRITERIA (Listed in order of relative importance)
Each proposal will be evaluated for full compliance with the RFP instructions to the offeror and the mandatory terms and conditions set forth within the REP document. The objective of the evaluation will be to recommend the firm who is most responsive to the herein described needs of the City. The proposal will be evaluated on the following criteria:
1. Qualifications, Resources, and Experience of the Firm --- specific financial advisory experience and client references for similar services on previous projects.
2. Capability and Skill - qualifications and prior job experience of proposed assigned auditors, and their professional competence to provide the required services.
3. Work Approach and Plan - general understanding of the scope of services, the firm's corresponding adaptability to the work, the project approach and demonstrated solutions to achieving a cost-effective project
4. Responsiveness - ability to perform the services in a reasonable period and within budget
5. Proximity - proximity and ability to be on site as necessary to perform the services.
6. Completeness of the proposal.
PROPOSAL EVALUATION PROCESS
Proposals will be evaluated and interviews scheduled with selected firms in accordance with the " professional services" method of selection outlined in § 2.2-4301 (3) (a) of the Code of Virginia. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposals (RFP). Interviews shall then be conducted with selected offerors. After interviews and negotiations have been completed, the City shall select the offeror, which, in its opinion, has made the best proposal, and shall award the contract to that offeror. Should the City determine that only one offeror is fully qualified or that one offeror is dearly more highly qualified than others, a contract may be negotiated and subsequently awarded to that offeror.
AWARD
Award shall be made to the responsible offer whose proposal is determined in writing to be the most advantageous to the City taking into consideration the evaluation factors set forth in the request for proposals. The contract file shall contain the basis on which the award is made. The award of a contract shall be the sole discretion of the City. The award shall be based on the evaluation of all information as the City may request. The City reserves the right to accept or reject any or all proposals in whole or in part and to waive any informalities in the RFP. Further, the City reserves the right to enter into a contract deemed to be in its best interest
CONTRACT TERM
The initial contract term for the items shall be three (3) years from the date of award of the contract, with the City's option to renew for two (2) additional one (1) year terms.
AVAILABILITY OF FUNDS
It is understood and agreed between parties to any agreement resulting from this proposal that the City shall be bound hereunder only to the extent of funds available or which may become available for the purposes of this agreement.
It is further understood and agreed between the parties to any agreement resulting from this proposal that the City shall not be obligated to purchase or pay for services covered by this agreement unless and until they are ordered, delivered, and performed for the City.
METHOD OF PAYMENT
The bidder will be paid on the basis of the invoice submitted to the City of Buena Vista Finance Department after delivery and acceptance by the designated City representative. All payments will be made in accordance with the Code of Virginia's Prompt Payment provisions. Code of Virginia p2.2-4347 & 2.2-4352
DEBRIEFING
Using the RFP process, the City will use all reasonable efforts to keep all information as to persons or firms making offers or the contents of any offers as confidential. This information will only be available after an award or decision to award has been made.
After an award is made, or the decision to make an award is made, the file is available.
INFORMATION