HomeMy WebLinkAbout2024 03 11 Regular 501 - RFP 1-24-01 City of Winter Springs Executive Search FirmREGULAR AGENDA ITEM 501
CITY COMMISSION AGENDA | MARCH 11, 2024 REGULAR MEETING
TITLE
RFP 1-24-01 City of Winter Springs Executive Search Firm
SUMMARY
On Monday January 22nd, 2024 The City Commission directed staff to prepare an
Request for Proposal for search firms for the purposes of filling the vacant City
Manager position.
Proposals were Due March 01st, 2024 at 2:00pm; and were logged in and electronic
copies sent to Commission members for review and evaluation.
The City received four (4) proposals from: (1) ActOne; (2) Netsynk, Inc.; (3) S. Renee
Narloch & Associates; and (4) Slavin Management Consultants. However, under
Florida Law, the sealed bids, proposals, or replies received by the City pursuant to this
competitive solicitation are exempt from public records disclosure until such time as
the City provides notice of an intended decision or until 30 days after opening the bids,
proposals, or final replies, whichever is earlier. The proposals were distributed to the
Mayor, City Commission, City Manager, and City Attorney under separate cover prior
to the meeting.
The following list of Rules were established for RFP 1-24-01
1) Commissioners will have between March 1 st and March 11 th to complete their
evaluations. Discussion on their evaluations will take place at the March 11th City
Commission meeting.
2)All Scoring must be done individually, confidentially and not discussed with other
elected officials or the public until the Commission discussion on March 11th
3) Scores do not have to be Maximum or 0, use a scale to express your comfort level
with the proposal
4) Evaluators can adjust their scores as a result of the Commission discussion on
March 11th before they are considered final
5) Use the top of each column to identify the name of who you are scoring
6) All scoring is considered confidential until the selected vendor is under agreement
7) Return a copy of your scoring sheet to the City Clerk at the conclusion of the March
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11th commission meeting.
8) Following the March 11 th Commission meeting Staff will prepare a recap of all
scores for each vendor which will become part of the public record of the process. The
recap of the scores will be presented for commission consideration on March 25th.
FUNDING SOURCE
RECOMMENDATION
Staff is requesting the City Commission discuss the proposals and finalize their scores
for RFP 1-24-01 and submit to the City Clerk.
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RFP # 01-24-01 WS Executive Search Services
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
REQUEST FOR PROPOSALS
PROPOSAL : RFP # 01-24-01 LH DATE: January 26, 2024
Sealed Proposals for the provision of Executive Search Services for the position of City Manager will be received by the City
of Winter Springs (CITY) Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter
Springs, Florida 32708, until:
March 01, 2024
2:00 p.m., local time
FOR
Executive Search Services
Said Proposals shall conform to the minimum requirements outlined in the Request For Proposal. The CITY reserves the
right to reject any and all offers and to waive minor informalities.
The CITY issues this Request for Proposals in order to select a Proposal for further contract negotiation. Selection by the
CITY Commission may not result in the formation of a contract.
Submission and Receipt of RFP’s:
PROPOSERS shall submit their Proposal response to this RFP by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your RFP
response to this office by the date and time indicated above.
The outside of your package must be clearly labeled with the RFP number, title, opening date and time, and the name
and address of the PROPOSER. The CITY is not responsible for submittals via postal or mail courier services, receipt by the
post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.
Proposals received after March 01, 2024 at 2:00 p.m., will be rejected.
Deadline for questions is February 14, 2024 1:00pm local time
Any Addenda, if required, will be issued by 2:00pm on February 16, 2024 on the Demand Star platform if questions are
received and require clarification.
If you have any questions regarding this Request for Proposal, please contact Stuart MacLean, Procurement Manager, at
(407) 327-7581, or via email at smaclean@winterspringsfl.org
PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM:
www.demandstar.com
or
https://www.winterspringsfl.org/rfps
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RFP # 01-24-01 WS Executive Search Services
Request for Proposal Table of Contents
PART I SCOPE OF SERVICE/EVALUATION CRITERIA ............................................................................................................. 1
Background ............................................................................................................................................................................... 1
Project Overview ....................................................................................................................................................................... 1
Scope of Service ......................................................................................................................... .............................................1
Position Details ......................................................................................................................................................................... 1
Evaluation Criteria ..................................................................................................................................................................... 3
Timeline of Events ..................................................................................................................................................................... 4
PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS ................................................................................... 5
Definitions ................................................................................................................................................................................. 5
Preparation of Request for Proposal ........................................................................................................................................ 5
Submission and Receipt of Proposals ....................................................................................................................................... 6
Selection of Proposal ................................................................................................................................................................ 6
Acceptance of Offer .................................................................................................................................................................. 7
Notice of Award ........................................................................................................................................................................ 7
Discrepancies, Errors, and Omissions ....................................................................................................................................... 7
Right to Reject Proposals .......................................................................................................................................................... 7
Compensation ........................................................................................................................................................................... 7
Rights of the CITY ...................................................................................................................................................................... 7
Conflict of Interest .................................................................................................................................................................... 8
Public Entity Crimes .................................................................................................................................................................. 8
Options ...................................................................................................................................................................................... 8
Subcontracting .......................................................................................................................................................................... 8
Failure to Submit Proposal ........................................................................................................................................................ 8
Default of Contract ................................................................................................................................................................... 9
Modification for Changes .......................................................................................................................................................... 9
Order of Precedence ................................................................................................................................................................. 9
Examination of Records ............................................................................................................................................................ 9
Proposals Received ................................................................................................................................................................... 9
Lobbying/Cone of Silence ......................................................................................................................................................... 9
Insurance and Hold Harmless Indemnitication ....................................................................................................................... 10
Qualifications of Proposer ...................................................................................................................................................... 11
Disqualification of Proposer .................................................................................................................................................... 11
Licenses and Permits ............................................................................................................................................................... 11
Applicable Law and Venue ...................................................................................................................................................... 11
Proposal Disclosure; Public Records Responsibilities ............................................................................................................. 11
E-Verify .................................................................................................................................................................................... 12
Additional Information ............................................................................................................................................................ 12
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RFP # 01-24-01 WS Executive Search Services
Modification and Withdraw .................................................................................................................................................... 12
Prohibition on Gifts to CITY Employees and Officials ............................................................................................................. 12
Discrimination ......................................................................................................................................................................... 13
PART III SPECIFIC PROPOSAL REQUIREMENTS ................................................................................................................. 14
Format ..................................................................................................................................................................................... 14
Section A – PROPOSER Information and Acknowledgement Form ........................................................................................ 14
Section B – Table of Contents ................................................................................................................................................. 14
Section C – Introduction Letter ............................................................................................................................................... 14
Section D – Qualifications ....................................................................................................................................................... 14
Section E - Other Information ................................................................................................................................................. 14
Section F – Cost and Time ....................................................................................................................................................... 15
Section G – Mandatory Proposal Forms ................................................................................................................................. 15
Section H – Florida State Corporate Filing .............................................................................................................................. 15
MANDATORY PROPOSAL FORMS
• PROPOSER Information and Acknowledgement
• Reference Information
• Insurance Requirements
• Scrutinized Company Certification
• Non-Collusion Affidavit
• Drug Free Workplace Certification
• Public Entity Crimes Statement
• E-Verify Statement
• Conflict of Interest Statement
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PART I
SCOPE OF SERVICE/EVALUATION CRITERIA
FOR
RFP #-01-24-01 WS
Executive Search Services
Background
The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford
Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles.
Project Overview
The City of Winter Springs is requesting Proposals from qualified Executive Search companies (PROPOSER or PROPOSERS)
for the purposes of providing their services in assisting the CITY in identifying, screening and recruiting candidates for the
position of City Manager for the City of Winter Springs. The detailed requirements are included in this document as detailed
below.
Scope of Service
The City of Winter Springs is requesting Quotations from qualified professional firms to support the CITY with the
recruitment and hiring of a City Manager and the successful PROPOSER shall:
• Prepare for and attend Project Kick off-Meetings with City of Winter Springs Officials and staff.
• Identify potential candidates on a nation-wide basis
• Perform initial candidate screening to ensure they have the necessary qualifications and experience to meet the
requirements of the position
• Provide a shortlisted group of the most qualified candidates to the City Commission for the purpose of interviewing
for the position
• Assist the City in the interview process for agreed upon candidates for the position
• Assist the City in the negotiation process with the selected candidate(s)
Position Details
A Recruiting Summary:
1. The City Manager position is classified as full-time and exempt.
2. The City of Winter Springs has a City Commission/City Manager form of government substantially based on the
Model Charter published by the National Civic League
3. The City Commission consists of five (5) city commissioners who each reside in separate at-large voting districts
and are full voting members, and one (1) Mayor who is a non-voting member unless required to break a tie-
vote of the City Commission
4. The City Manager position is a City Charter office appointed (or terminated) by 4/5ths vote of the CITY
Commission
5. Pursuant to the CITY Charter, the CITY Manager shall be responsible for the administration of all CITY affairs,
including the CITY’s water, sewer, reuse and stormwater utilities, land use and zoning, intergovernmental
relations, solid waste (franchise), streets and right-of-way, code enforcement, police, fire (contracted with the
County) and public safety, parks and recreation, compliance, finance and accounting, purchasing, economic
development and such other duties assigned by the CITY Commission
Candidates are not to contact the Mayor, Members of the City Commission, Interim City Manager or any City Employees
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B Scope of Work:
Under policy direction of the CITY Commission, the CITY Manager is responsible for planning, directing, managing
and reviewing the activities and operations of the City of Winter Springs
This position is tasked with coordinating CITY services and activities among CITY departments and with outside
agencies; and providing highly responsible and complex administrative support to the CITY’s Mayor and
Commission
The CITY Manager is responsible for directing all CITY functions through subordinate department heads, including
financial and personnel activities of the CITY. The position exercises direct supervision over management,
supervisory, professional, technical, and administrative support staff
The CITY Manager also aids the Mayor and Commission regarding policy decisions and their implementation
Whether presenting ideas in a public meeting or advising a committee, the CITY Manager is called upon to work
with the public on a regular basis and must be able to listen to and inform the public about the CITY’s policies and
procedures and receive feedback
C Requirements:
1. Bachelor’s degree from an accredited college or university in Public Administration, Business Management, or a
related field. Master’s degree is preferred
2. Ten (10) years of proven management experience
3. Previous municipal and local government experience; including experience with fund accounting and managing a
pension plan
4. Advanced legal knowledge
5. Advanced budget knowledge
6. Valid driver’s license
7. Some work is required outdoors (attending CITY events etc.)
8. This position requires the ability to hear (with or without correction), see (with or without correction), and speak
clearly
D Responsibilities:
- Formulates and recommends new and revised policies and operating procedures for approval by the CITY
Commission
- Prepares the agenda for Commission meetings. Schedules decisions and reviews documents submitted for
completeness and clarity. Attends meetings and presents oral reports
- Ensures that all laws, provisions of the Charter and acts of the Commission are faithfully executed and enforced
- Completes a report on the finances and administrative activities of the CITY at the end of each fiscal year.
Submits this report to the Commission and makes it available to the public
- Ensures development of individual department plans to implement CITY goals and objectives. Conduct
necessary analysis to evaluate City performance
- Participates in programs and activities to strengthen employer/employee relationships
- Hires and supervises all department heads and evaluates performance in a timely manner
- Represents the CITY and Commission to media, citizens, and local organizations regarding questions,
suggestions and complaints
- Assists the Commission in the development of long-range goals for CITY services and finances
- Prepares and submits the CITY’s annual budget and capital program to the Commission
- Responsible for maintaining, on behalf of the CITY, an adequate record of property
- Advises, counsels and consults with the CITY Commission in connection with beautification and preservation of
natural beauty of the CITY including the CITY’s beautification plan
- Works closely with the CITY Attorney, who pursuant to the CITY Charter, is appointed and serves under the
direction of the CITY Commission
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3 RFP # 01-24-01 WS Executive Search Services
These essential and additional job functions are not to be construed as a complete statement of all duties
performed. The CITY Manager will be required to perform other job related marginal duties as requested
Evaluation Criteria
Proposals will be evaluated by the CITY, and the PROPOSER will be selected based upon, but not limited to, the following
criteria:
a. The background, and experience of the PROPOSER in providing similar services elsewhere, including the level of
experience in working with municipalities and the quality of services performed or items supplied.
b. Reasonableness/competitiveness of proposed costs and/or benefits to the City of Winter Springs. The CITY is not
bound to select the PROPOSER who proposes the lowest cost or most benefits for service. The City of Winter
Springs reserves the right to negotiate fees and/or benefits with the selected PROPOSER.
c. Determination that the selected PROPOSER has no contractual relationship which would result in a conflict of
interest with the CITY.
d. The PROPOSER‘s ability, capacity, and skill to fully and satisfactorily, provide these services required in this RFP.
e. Whether the PROPOSER can provide the service and/or items in a prompt and timely fashion.
Proposals will be evaluated by the CITY, and selection will be based on, but not limited to, the following scoring criteria:
Criteria: Max Points:
Experience: The Proposer’s comprehension of the needs of the CITY as demonstrated by the description of its services,
capabilities, capacity and approach to the requirements listed within this document.
Understanding of the public sector market and it’s unique challenges, established relationships to
identify key candidates who have the experience and capabilities to fulfill the CITY Manager role
20
Proposers Background/Experience in recruiting for this position level in the public sector 20
Identifies an experienced project leader with a commitment to results, clear and timely
communication skills and a sense of discretion required when working on such a critical position
20
Experience Total: 60
References: Evaluation of the Proposer’s work from previous organizations receiving similar services to those
proposed within this RFP. See the Mandatory Proposal Form, Reference Information Form.
Reference 1 10
Reference 2 10
References Total 20
Cost: The cost of the Proposal is important to the CITY, however, based on the evaluation of the other
criteria, the CITY will not necessarily select the lowest Proposer. Cost Total
20
EXTRA BONUS POINTS: Certified Minority Business Enterprise: (3 Extra Bonus Points if Yes)
The firm is a certified minority business enterprise as defined by the Florida Small and Minority Business
Assistance Act.
3
Total Possible Points 103
Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference
based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.
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Timeline of Events
Release of RFP January 27, 2024
Deadline to receive questions (electronically) - 1:00pm local time February 14, 2024
Addendum Released by 1:00pm local time February 16, 2024
RFP Submittals Due by 2:00 pm local time March 01, 2024
RFP Opening 2:15pm local time March 01, 2024
Evaluation Scoring Completed, PROPOSER or PROPOSERS identified for further detailed
discussions on the project
March 11, 2024
CITY Commission Approval of PROPOSER Selection and Consideration of Contract TBD
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PART II
INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS
FOR
RFP #01-24-01 WS
Executive Search Services
Definitions (as used herein)
a. The term "Request for Proposal" means a solicitation of proposals. The acronym "RFP" means Request for Proposal.
b. The term "Proposal" means the offer of qualitative evaluations by the PROPOSER.
c. The term "professional services" means those services of architects, auditors, dentists, engineers, landscape
architects, lawyers, physicians, psychologists, surveyors, and any other professional service as determined by the
CITY.
d. The term " PROPOSER " means the person, company, or entity making an offer.
e. The term "Change Order" means a written order signed by the Finance Department or authorized representative
directing the PROPOSER to make changes to a contract or purchase order resulting from the RFP.
f. The term "CITY" means the City of Winter Springs, Florida.
g. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the
only body that can award Proposals.
h. The term “Evaluation Committee” for this project is the CITY Commission and they will review and rank all
Proposals and identify a PROPOSER or PROPOSERS for further detailed discussions prior to final vendor selection.
Preparation of Request for Proposal
a. PROPOSERS are expected to examine the minimum requirements and all special and general conditions. Omission
on the part of the PROPOSER to make the necessary examinations and investigations, or failure to fulfill every detail
the requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY
or the compensation to the PROPOSER. Failure to properly and fully complete the Proposal is at the PROPOSER's
risk. The PROPOSER shall sign the Request for Proposal and print or type his/her name, address, and telephone
number on the face page.
b. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a
detailed description concerning any point will be regarded as meaning that only the best commercial practices are
to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made
upon the basis of this statement.
c. PROPOSERS should submit their response to this RFP by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of PROPOSER’s
Proposal to this office by the date and time indicated in Part I Timeline of Events.
The outside of PROPOSER’s package must be clearly labeled with the RFP number, title, opening date and time and the
name and address of the PROPOSER. The CITY is not responsible for submittals via postal or mail courier services, receipt by
the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.
d. The PROPOSER should retain a copy of all documents for future reference.
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e. All Proposals must be signed with the PROPOSER’s name and by an officer or employee having authority to bind the
PROPOSER by his/her signature as indicated by the Florida Department of State, Division of Corporations
(www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. You may use
the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the
corporate signer.
f. Failure to follow the instructions in the Request for Proposal is cause for rejection of your offer.
Submission and Receipt of Proposals
a. Proposals must be received before the specified time as designated in the RFP Timeline of Events. A list of
PROPOSERS who submitted Proposals will be furnished, upon request, following opening of the Proposals.
b. Proposals shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the RFP
number, and the name and address of the PROPOSER.
c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered
by the specified time so that a Proposal can be considered.
d. Email and Facsimile (FAX) Proposals will not be considered, however, Proposals may be modified by email and FAX
notice, provided such notices are received prior to the hour and date specified.
e. Late Proposals will be rejected.
f. Proposals having any erasures or corrections must be initialed by the offer or in ink. Proposals shall be signed in ink.
All amounts shall be typewritten or completed in ink.
g. All Mandatory Proposal Forms must be completed and attached to the Proposal.
h. All costs of Proposal preparation, inspection of the RFP documents, and presentation of the Proposal shall be solely
borne by the PROPOSER. The CITY shall not be liable for any cost incurred by the PROPOSER during the preparation
and submission of its Proposal in response to this RFP.
Selection of Proposal
SELECTION OF THE PROPOSER AND PROPOSAL DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST
INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS SOLE AND ABSOLUTE
DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL
APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT
TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be
terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY
Commission determines that the negotiation of terms acceptable to the CITY will not be successful.
Only the CITY Commission can select Proposals, authorize the CITY Manager to engage in negotiations, and ultimately enter
into a contract.
The RFP Evaluation Committee scores the Proposals based on the Evaluation Criteria and identifies a PROPOSER or
PROPOSERS for discussions with the CITY Commission.
After the initial Evaluation process the CITY Commission, may require one or more of the top-ranking PROPOSERS to attend
a meeting to make an oral presentation, answer questions. This meeting will be exempt from the requirements of the
Sunshine Law in accordance with section 286.0113, Florida Statutes. PROPOSER(s) will be notified of any further meeting
requirements.
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Acceptance of Offer
The signed Proposal shall be considered an offer on the part of the PROPOSER; however, such offer shall be deemed
accepted only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual
document deemed acceptable to the CITY.
The contract will be awarded to the most responsible and responsive, qualified PROPOSER(s) whose Proposal is deemed the
most advantageous and in the best interests of the CITY in accordance with the criteria set forth in this RFP.
The CITY reserves the right to accept or reject any and all Proposals or parts of Proposals, waive minor informalities, and to
request clarification of information from any PROPOSER.
Notice of Award
Within ten (10) calendar days from the date stipulated in the Notice of Award notifying PROPOSER that its Proposal has
been accepted, unless a longer term is otherwise mutually agreed, the successful PROPOSER shall execute the Agreement.
Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the Request for Proposals or addenda (if any) should be reported in writing to
the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Request for
Proposals and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any
oral instructions, clarifications, or other communications.
Right to Reject Proposals
The CITY reserves the right to reject any or all Proposals, and to disregard typographical, mathematical, or obvious errors.
The CITY will not pay costs incurred by any PROPOSER in the preparation of Proposals.
Compensation
Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a
final contract with the selected PROPOSER.
Rights of the CITY
This RFP constitutes an invitation for submission of Proposals to the CITY. This RFP does not obligate the CITY to procure or
contract for any of the scopes of services set forth in this RFP. The CITY reserves and holds at its sole discretion, various
rights and options under Florida law, including without limitation, the following:
• To prepare and issue Addendums to the RFP that may expand, restrict, or cancel any portion or all work described
in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP.
• To receive questions from potential PROPOSERS and to provide such answers in writing as it deems appropriate.
• To waive any informalities, technicalities or irregularities in the PROPOSALS submitted.
• To reject any and all PROPOSAL submissions.
• To change the date for receipt of PROPOSAL or any deadlines and dates specified in the RFP.
• To change the procurement and/or selection process prior to receipt of Proposals.
• To conduct investigations with respect to the information provided by each PROPOSER and to request additional
information (either in writing or in presentations and interviews) to support such PROPOSER’s responses and
submittals.
• To visit facilities referenced in the PROPOSER’s submittal at any time or times during the procurement process.
• To seek clarification of Proposals from the PROPOSER either in writing or in presentations and interviews
• To cancel the RFP: with or without the substitution of another RFP.
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Conflict of Interest
PROPOSER acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112,
Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs.
The PROPOSER certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City
of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or
indirectly, in providing the goods or services specified in this Proposal. Financial interest includes ownership of more than
five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of
the business submitting the Proposal or of any subcontractor or supplier thereof providing goods or services in excess of
ten percent (10%) of the total Proposal amount.
Additionally, the PROPOSER, on company letterhead, must divulge at the time of Proposal submittal, any relative, other
than those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial
interest, as defined herein, in providing the goods or services specified in the Proposal. The CITY, at its sole discretion, will
determine whether a conflict exists and whether to accept or reject the Proposal.
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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract
with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of
real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
Options
When the CITY requests Proposals with options regarding the extent of services to be provided, the CITY requests all
PROPOSERS to provide a cost breakdown for each option proposed. Although all options may be purchased, some options
may not ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased.
The CITY reserves the right to engage more than one (1) PROPOSER if it is believed that different PROPOSERS might best
serve the CITY's interests in performing different segments of the work (e.g., one PROPOSER to provide building estimates,
and another to provide infrastructure estimates).
Subcontracting
Where PROPOSERS do not have the "in-house" capability to perform work desired in the Request for Proposal,
subcontracting may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and
agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of
any intended subcontractor(s) should be given in the Proposal.
Failure to Submit Proposal
If PROPOSER does not wish to submit a Proposal, return the RFP and state the reason therefor; otherwise, PROPOSER’s
name may be removed from CITY’s mailing list.
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Default of Contract
In case of default by the PROPOSER, the CITY may procure the requested services from other sources and hold the
PROPOSER responsible for any excess costs occasioned or incurred thereby.
Modification for Changes
No agreement or understanding to modify this RFP and resultant purchase order or contract shall be binding upon the CITY
unless made in writing by the City of Winter Springs.
Order of Precedence
In the event of an inconsistency between provisions of the RFP, the inconsistency shall be resolved by giving precedence in
the following order: (a) Instructions to PROPOSERS and General Provisions; and (b) the minimum requirements.
Examination of Records
The PROPOSER shall keep adequate records and supporting documentation applicable to the subject matter of this RFP to
include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria or
standards by which findings or data are measured. Said records and documentation shall be retained by the PROPOSER for
a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated
before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning
this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and
documentation during the record retention period stated above; provided, however, such activity shall be conducted only
during normal business hours and shall be at CITY expense. PROPOSERS shall be authorized to retain microfilm copies in lieu
of original records if they so desire.
Any subcontractor(s) employed by a PROPOSER who is subject to these requirements and the PROPOSER itself are required
to so notify any such subcontractor(s).
Proposals Received
All Proposals received in response to this RFP become the property of the CITY.
Lobbying/Cone of Silence
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate,
corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the
CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation
Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the
issuance of this solicitation document.
If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a
Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting
Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black-
out Period will be reinstated until such time as the CITY Commission meets to consider the item for action.
Bidders, PROPOSERS, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives
shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department,
Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during the
Lobbying/Cone of Silence Black-out Period.
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10 RFP # 01-24-01 WS Executive Search Services
Insurance and Hold Harmless Indemnification
To the fullest extent permitted by laws and regulations, Bidder shall indemnify and hold harmless CITY and its consultants,
agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including
but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs)
arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work
itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of
Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish
any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
In any and all claims against CITY or any of their consultants, agents or employees by any employee of PROPOSER, any
Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph
shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or
for Bidder or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts,
disability benefit acts or other employee benefit acts.
PROPOSER's Liability Insurance - The PROPOSER shall not commence any work under this Contract until he has obtained all
insurance required under the Agreement. PROPOSER shall purchase and maintain such comprehensive general liability and
other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set
forth which may arise out of or result from PROPOSER's performance and furnishing of the Work and PROPOSER's other
obligations under the Contract Documents, whether it is to be performed or furnished by PROPOSER, by any Subcontractor,
by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the
limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability
insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include
Contractual Liability Insurance applicable to Bidder's obligations under the Hold Harmless Indemnification. All of the policies
of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a
provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days’ prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until
final payment and at all times thereafter when PROPOSER may be correcting, removing or replacing defective work in
accordance with the Contract Documents. PROPOSER's General Liability Insurance shall include the CITY, and CITY's
consultants as insured or additional insured which may be accomplished by either an endorsement of PROPOSER's
Comprehensive General Liability policy or by PROPOSER 's carrier issuing a separate protection liability policy.
Qualifications of PROPOSER
A PROPOSER may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they
have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within
the time specified.
Disqualification of PROPOSER
Any or all Proposals will be rejected if there is any reason for believing that collusion exists among the PROPOSERS, and
participants in such collusion will not be considered in future Proposals for the same work.
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11 RFP # 01-24-01 WS Executive Search Services
Licenses and Permits
The PROPOSER shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as
required by the United States, the State of Florida, or by the City of Winter Springs. The PROPOSER must fully comply with
all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance
of the work.
Applicable Law and Venue
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without
regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the
exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court
in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United
States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this
Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in
any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named
courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in
an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject
matter hereof may not be enforced in or by such courts.
Proposal Disclosure; Public Records Responsibilities
Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section
119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law,
information and materials received by the CITY in connection with an RFP response and under any awarded contract shall
be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time
period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily
provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the PROPOSER believes any
of the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by
Florida law, the PROPOSER must, in its response, specifically identify the material which is deemed to be exempt and cite
the legal authority for the exemption; otherwise, the CITY will treat all materials received as public records.
Pursuant to section 119.0701, Florida Statutes, for any tasks performed by PROPOSER on behalf of the CITY, PROPOSER
shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”),
required by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of
public records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or
copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as
otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records
disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and
following completion or termination of this Agreement, if PROPOSER does not transfer the records to the CITY in
accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and
absolute discretion, requests that all Public Records in possession of PROPOSER be transferred to the CITY, PROPOSER shall
transfer, at no cost, to the CITY, all Public Records in possession of PROPOSER within thirty (30) days of such request or (ii) if
no such request is made by the CITY, PROPOSER shall keep and maintain the Public Records required by the CITY to perform
the work contemplated by this Agreement. If PROPOSER transfers all Public Records to the CITY pursuant to (d)(i) above,
PROPOSER shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records
disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and provide the CITY with
written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If
PROPOSER keeps and maintains Public Records pursuant to (d)(ii) above, PROPOSER shall meet all applicable requirements
for retaining Public Records. All Public Records stored electronically must be provided to the CITY, upon request from the
CITY’s custodian of public records, in a format that is compatible with the information technology of the CITY. If PROPOSER
does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable
amount of time, the CITY may pursue any and all remedies available in law or equity including, but not limited to, specific
performance. The provisions of this section only apply to those tasks in which PROPOSER is acting on behalf of the CITY.
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12 RFP # 01-24-01 WS Executive Search Services
IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org
E-Verify
Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY contractors shall register with and use
the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work
authorization status of all employees hired on and after January 1, 2021. CITY contractors must provide evidence of
compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the PROPOSER stating all
employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system
and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material
breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. PROPOSER
shall be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased
costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the PROPOSER utilizes
subcontractors the following shall apply:
PROPOSER shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any
employees they may hire during the term of the Agreement.
PROPOSER shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. PROPOSER shall provide a copy
of all subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement.
Additional Information
Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual
listed on the RFP cover letter.
Modification and Withdraw
Proposals may not be modified after submittal.
Proposals may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be
received by the CITY’s Procurement Manager before the time and date stated or, as amended, for the Proposal Opening.
Properly withdrawn Proposals will be returned unopened to the PROPOSER submitting the Proposal.
A PROPOSER who timely withdraws his Proposal may submit a new Proposal in the same manner as specified herein under
“Submission of Proposal.” A Proposal submitted in place of a withdrawn Proposal shall be clearly marked as such on the
outside of the envelope and on the Bid Form.
If a Contract is not awarded within 90 calendar days after opening of Proposals, a PROPOSER may file a written request with
the CITY’s Procurement Manager for the withdrawal of its Proposal.
Prohibition on Gifts to City Employees and Officials
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item
of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and
CITY Administrative Policy.
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13 RFP # 01-24-01 WS Executive Search Services
Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a
specified period of time;
b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time,
including but not limited to: submitting bid/Proposals, RFP, and/or quotes; and,
c. Immediate termination of any contract held by the individual and/or firm for cause.
Discrimination
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, Proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, Proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids, Proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public entity.
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14 RFP # 01-24-01 WS Executive Search Services
PART III
SPECIFIC PROPOSAL REQUIREMENTS
For
RFP 01-24-01 WS
Executive Search Services
Format
To assure consistency, Proposals must conform to the following format:
A. PROPOSER Information and Acknowledgement Form
B. Table of Contents
C. Introduction Letter
D. Qualifications
E. Other Information
F. Cost & Time
G. Mandatory Proposal Forms
H. Florida State Corporate Filing
Section A – PROPOSER Information and Acknowledgement Form
1. Use the form provided in the Mandatory Proposal Forms titled “PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM.”
(See Proposal Form 1)
Section B – Table of Contents
1. Identify Proposal material by section and page number.
Section C – Introduction Letter
1. Summarize the key points of the Proposal including an understanding of the scope of work. Must be signed by an authorized
official of the PROPOSER.
Section D – Qualifications
1. General – Provide general information about the PROPOSER, including size, office location(s), and structure of PROPOSER.
Identify and explain any significant changes in organizational structure, ownership, or management both firm-wide and within
Fixed Income/ Public Finance during the past five (5) years.
2. PROPOSER Experience – Describe the PROPOSER’s experience with providing Fireworks services, focus on the PROPOSER’s
experience with Fireworks shows for municipalities
3. Team Experience – Identify key members of PROPOSER’s team that will service the CITY. Identify the proposed project
manager. Provide brief resumes for key team members that will service the CITY as an Appendix.
4. References – Use the form provided in the Mandatory Proposal Forms titled “REFERENCE INFORMATION FORM”
5. Conclusion – Briefly summarize why PROPOSER should be selected, including why PROPOSER is pursuing the City of Winter
Springs’ business. In short, summarize what makes PROPOSER different and why the CITY should select PROPOSER above all
others.
Section E - Other Information
This section should address any other information necessary for a full understanding of PROPOSER’s services. Please provide relevant
information on any additional services offered by PROPOSER.
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15 RFP # 01-24-01 WS Executive Search Services
Section F – Cost and Time
This section must clearly state the cost and estimated completion time associated with the project. Cost details should include, as
applicable, Base Engagement Fee, Variable Fees based on actual cost plus defined administration fee/%, Monthly Recurring Fee with
definition of contents and any other costs tht the CITY will be expected to pay. The format is up to the PROPOSER, but must be clear and
concise to allow the CITY to reasonably estimate the costs expected
Section G – Mandatory Proposal Forms
1. Fill out and return the forms provided; PROPOSER Information and Acknowledgement Form, References Information Form,
Insurance Requirement Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Drug Free
Workplace Form, Public Entity Crimes Statement, E-Verify Statement, Conflict of Interest Statement
Section H – Florida State Corporate Filing
1. All Proposals must be signed with the PROPOSER’s name and by an officer or employee having authority to bind the
PROPOSER by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org).
Proof of corporate signer must be included with the submittal with the Proposal. Use Sunbiz website screen shot or include a
copy of Corporate Resolution or a Power of Attorney.
471
RFP # 01-24-01 WS MANDATORY FORM
MANDATORY PROPOSAL FORMS
Proposal Form 1 - PROPOSER Information and Acknowledgement Form
Proposal Form 2 - References Information Form
Proposal Form 3 - Insurance Requirements Form
Proposal Form 4 - Scrutinized Company Certification
Proposal Form 5 - Non-Collusion Affidavit
Proposal Form 6 - Drug Free Workplace Form
Proposal Form 7 - Public Entity Crimes Statement
Proposal Form 8 - E-Verify Statement
Proposal Form 9 - Conflict of Interest Statement
Mandatory forms must be submitted with the Proposal.
Failure to submit forms may disqualify the PROPOSER from the RFP
472
RFP # 01-24-01 WS MANDATORY FORM
PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM
For
RFP #01-24-01 LH
Executive Search Services
The undersigned PROPOSER does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the
minimum requirements/evaluation criteria shown by the Request for Proposal to be delivered to the specified site for the price
indicated.
IT IS THE PROPOSER’S RESPONSIBILITY TO CHECK www.demandstar.com
FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL
THIS PROPOSAL MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION
OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Proposal. If not submitted, PROPOSER will
be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney.
PROPOSER NAME:
TAX ID# SNN or EIN:
PROPOSER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A. Acknowledges receipt of:
1. RFP # 01-24-01 WS Pertaining To: Executive Search Services
2. Addenda:
Number: _________, Dated _________________.
Number: _________, Dated _________________.
B. Has examined the site and all RFP Documents and understands that in submitting its Proposal, they waive all right to plead any
misunderstanding regarding the same.
C. Agrees:
1. To hold this Proposal open for 90 calendar days after the bid opening date.
2. To furnish the services specified in this RFP at the prices quoted in Proposal and in compliance with the RFP
Documents.
3. To accept the provisions of the Instructions to PROPOSERS.
4. To negotiate a contract with the CITY incorporating the Proposal prices, if selected on the basis of this Proposal.
5. To accomplish the work in accordance with the contract documents.
D. Certifies:
1. That all information contained in this Proposal is truthful to the best of my knowledge and belief.
2. That I am duly authorized to submit this Proposal on behalf of the PROPOSER and that the PROPOSER is ready, willing,
and able to perform if awarded the Proposal.
473
RFP # 01-24-01 WS MANDATORY FORM
REFERENCE INFORMATION FORM
RFP # 01-24-01 WS
Executive Search Services
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:
( )
Project Cost:
Date Performed:
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:
( )
Project Cost:
Date Performed:
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:
( )
Project Cost:
Date Performed:
PROPOSER Representative
Typed Name/Title:
PROPOSER Representative
Signature:
PROPOSER:
474
RFP # 01-24-01 WS MANDATORY FORM
INSURANCE REQUIREMENTS FORM
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’
fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
the City of Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
PROPOSER shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The
same PROPOSER shall provide the CITY with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability
where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned PROPOSER agrees to obtain, prior to award, if selected, insurance as stated above.
PROPOSER
Authorized Signature
Officer Title
Date
475
RFP # 01-24-01 WS MANDATORY FORM
SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a Proposal for,
or enter into or renew a contract with the CITY for goods or services of:
a. Any amount if, at the time of submitting a Proposal for, or entering into or renewing such contract, the PROPOSER
is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott
of Israel; or
b. One million dollars or more if, at the time of bidding on, submitting a Proposal for, or entering into or renewing
such contract, the PROPOSER:
Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to s. 215.473; or
Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. The PROPOSER must submit this required certification form attesting that it is not a
scrutinized company and is not engaging in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding body:
a. The PROPOSER is found to have submitted a false certification; been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
b. Been placed on the Scrutinized Companies that Boycott Israel List or
c. Is engaged in a boycott of Israel; or
d. Been engaged in business operations in Cuba or Syria.
The CITY shall provide notice, in writing, to the PROPOSER of any determination concerning a false certification.
a. The PROPOSER shall have five (5) days from receipt of notice to refute the false certification allegation.
b. If such false certification is discovered during the active contract term, the PROPOSER shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false certification
was made in error.
c. If the PROPOSER does not demonstrate that the CITY’s determination of false certification was made in error then
the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes.
476
RFP # 01-24-01 WS MANDATORY FORM
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS
FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this
solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business operations in Cuba
or Syria; and
d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its
company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized
Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
STATE OF _________________________________
COUNTY OF _______________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization,
this ______ day of __________, 2024 by _____________________ the _________________ of
___________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
Notary Public: _________________________________________________________________
Print Name: _________________________________________________________________
My Commission Expires: _______________________________________________________
477
RFP # 01-24-01 WS MANDATORY FORM
NON-COLLUSION AFFIDAVIT of PRIME PROPOSER
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ___________________________ of ___________________________________
Title PROPOSER
The PROPOSER that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent
circumstances respecting such solicitation.
(3) Such Proposal is genuine and is not a collusive or sham solicitation.
(4) Neither the PROPOSER nor any of its officers, partners, owners, agent representatives, employees or parties in interest
including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other PROPOSER, firm
or person, to submit a collusive or sham response in connection with the RFP for which the attached Proposal has been
submitted or to refrain from proposing in connection with such RFP, or has in any manner, directly or indirectly, sought by
Agreement or collusion or communication or conference with any other PROPOSER, firm or person to fix the price or
prices in the attached Proposal or of any other PROPOSER, or to fix any overhead, profit or cost element of the proposed
price or the proposed price of any other PROPOSER, or to secure through any collusion, conspiracy, connivance or unlawful
Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy,
or unlawful Agreement on the part of the PROPOSER or any of its agents, representatives, owners, employees, or parties
of interest, including affiant.
(Signed) (Title)
STATE OF _______________________________________
COUNTY OF _____________________________________
The foregoing instrument was acknowledged before me this _________________________________by
_________________________________________, who is (___) personally known to me or (___) who has produced
_______________________________ as identification and who (did / did not) take an oath.
________________________________________ (Signature of Notary Public)
________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public
________________________________________ (Commission Number)
478
RFP # 01-24-01 WS MANDATORY FORM
DRUG FREE WORKPLACE FORM
The undersigned PROPOSER, in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________________________ does:
(Name of PROPOSER)
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 contract a copy
of the Drug-Free statement.
4. Notify the employees that as a condition of working on the commodities or contractual services that are under
contract, 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 than five (5) days after such conviction.
5. Impose a sanction 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.
7. As the person authorized to sign the statement, I certify that this business complies fully with the above
requirements.
(Authorized Signature) (Date)
(Print/Type Name as Signed Above
479
RFP # 01-24-01 WS MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ADMINISTER OATHS.
1. This sworn statement is submitted with Proposal for RFP #01-24-01 WS Executive Search Services.
2. This sworn statement is submitted by (PROPOSER) ___________________________ whose business address is
_____________________________________ and (if applicable) Federal Employer Identification Number (FEIN)
is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your
Social Security Number: ___________.
3. My name is ____________________ and my relationship to the PROPOSER named above is _____________________.
4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state
or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or
services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or
a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
• A predecessor or successor of a person convicted of a public entity crime; or
• An entity under the control of any natural person who is active in the management of the entity and who has been convicted of
a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by
one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of
equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that
one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods
or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management
of an entity.
directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,
members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public
interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)
____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the
Department of General Services.)
___________________________________________________________
Signature Date:
480
RFP # 01-24-01 WS MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT cont.
STATE OF __________________________________
COUNTY OF ________________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 2024, and is personally known to me, or
has provided ______________________ as identification.
____________________________________________ My Commission expires: ________________
Notary Public
481
RFP # 01-24-01 WS MANDATORY FORM
E-VERIFY STATEMENT
Proposal Number: RFP # 01-24-01 WS
Project Description: Executive Search Services
PROPOSER acknowledges and agrees to the following:
PROPOSER shall utilize the U.S. Department of Homeland Security’s E-Verify system, in
accordance with the terms governing use of the system, to confirm the employment eligibility of:
1. All persons employed by the PROPOSER during the term of the Contract to perform
employment duties within Florida; and
2. All persons assigned by the PROPOSER to perform work pursuant to the contract with
the CITY.
PROPOSER: __________________________________________________________________
Authorized Signature: __________________________________________________________
Title: ________________________________________________________________________
Date: _______________________________________________________________________
482
RFP # 01-24-01 WS MANDATORY FORM
CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Proposal for RFP # 01-24-01 WS Executive Search Services
This sworn statement is submitted by (PROPOSER) ___________________________________ whose business address is
__________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ____________.)
My name is ________________________ and my relationship to the PROPOSER named above is__________________.
1. The above-named PROPOSER is submitting a Proposal for the City of Winter Springs.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3. The Affiant states that only one submittal for the above Proposal is being submitted and that the above-named
PROPOSER has no financial interest in other entities submitting Proposals for the same project.
4. Neither the Affiant nor the above- named PROPOSER has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the PROPOSER’s submittal for the above Proposal. This statement restricts the discussion of pricing
data until the completion of negotiations if necessary and execution of the Contract for this project.
5. Neither the PROPOSER not its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
6. Neither the PROPOSER nor its affiliates, nor anyone associated with them have any potential conflict of interest due
to any other clients, contracts, or property interests for this project.
7. I certify that no member of the PROPOSER’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8. I certify that no member of the PROPOSER’s ownership or management, or staff has a vested interest in any aspect
of the City of Winter Springs.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
PROPOSER, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF ____________________________
COUNTY OF __________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 2024, and is personally known to me, or
has provided ______________________ as identification.
________________________________________ My Commission expires: ____________________
Notary Signature
483
ADDENDUM 2 - QUESTIONS AND RESPONSES
RFP 01-24-01 WS EXECUTIVE SEARCH SERVICES
RFP 01-24-01 WS Executive Search Services
Question Response
Is it mandatory for a company to be
registered in the State of Florida in order to
submit a proposal?
No, a company may be registered as a legal entity in
any other state, it just needs to be
licensed/authorized to do business in Florida,
Proposers can accomplish this through
www.sunbiz.org
484
Addenda 1 - - Replaces Page 17 of the document485