Issue Date: May 6, 2014

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1 Issue Date: May 6, 2014 Tallahassee Community College Attn: Bobby Hinson, Purchasing Manager TCC Purchasing Department Hinson Administration Building 444 Appleyard Drive Tallahassee, Florida Request for Proposal RFP For TAX EXEMPT LOAN FINANCING Tallahassee Community College (TCC), a political subdivision of the State of Florida, is seeking proposals for tax exempt financing up to $1,300,000 (principal and interest) in the form of a loan or a line of credit. The proceeds will be used to finance the new Gadsden Center Building in Gadsden County for Tallahassee Community College. Proposals will be accepted in the Purchasing Department (at address shown above) on Friday, May 23, 2014 until 1:45 p.m. EDST and may not be withdrawn for 60 days after opening. Proposals must be sealed and clearly labeled with the RFP number. Proposals will be opened at 2:00 p.m. EDST on Friday, May 23, 2014 in the Eagle Conference Room of the Hinson Administration Building. Upon receipt of this Request for Proposal (RFP), any and all communications regarding this proposal must be made to the Purchasing Office as noted above. Any violation of this condition could result in disqualification of proposal response. Calendar of Events: RFP Release Date: May 6, 2014 Questions Due: May 12, 2014 by 5:00 p.m. EDST Addendum if needed: May 15, 2014 Proposals Due: May 23, 2014 by 1:45 p.m. EDST Proposals opened: May 23, 2014 at 2:00 p.m. EDST Page 1 of 11

2 I. GENERAL CONDITIONS 1. INSTRUCTIONS TO PROPOSERS: To insure consideration of your proposal, please follow these instructions. Proposals not in compliance with conditions specified herein are subject to rejection. 2. SEALED PROPOSALS: AN ORIGINAL AND THREE COPIES along with One (1) USB flash drive containing the entire proposal (unless otherwise specified) must be in the Purchasing Department by the date and time specified. The Proposal Response Cover Sheet, Proposal Response Form, and all other required forms any addenda issued must be included. Proposals must be sealed and clearly labeled with the following information: a) Name and address of Proposer b) Proposal number c) Date and time of Proposal Opening 3. PREPARATION OF PROPOSAL: All information shall be entered in ink or typewritten or produced by computer. It is your responsibility to make certain that unit prices and extended prices are correct. The College will not be responsible for errors or omissions made by the proposer in determining proposal price(s). The proposal must contain a manual signature of an authorized representative of the agency proposing. In order to insure uniformity, proposals must be submitted on this Proposal Form and the attached pages. 4. NO PROPOSAL: If unable to proposal, please sign and return Statement of No Proposal reply form by return mail or fax advising the reason for not submitting a proposal. For inclusion in future proposals, a proposer must submit a NO PROPOSAL to be received by the purchasing department no later than the stated proposal opening dated and time. 5. OBLIGATION OF PROPOSER: By submitting a proposal, the proposer covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information. 6. PROPOSAL INTERPRETATION: Proposers requiring clarification or interpretation of Proposal Documents shall send them by to the Purchasing Manager at no later than 5:00 p.m., Monday, May 12, Interpretations will not be made orally. Requests for clarifications shall be responded to by an addendum sent out on or about Thursday, May 15, 2014 to all Proposers who have received Proposal Documents. 7. ADDENDA: All addenda issued during the time of the proposal shall become part of the Proposal Documents, and receipt thereof shall be acknowledged with the proposer s proposal. 8. LATE PROPOSALS: Proposals will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the request for proposal. It is the proposer s responsibility to make certain that his/her proposal is in the hands of the Purchasing Manager prior to the opening time at the specified location. Tallahassee Community College accepts no responsibility for late or misdirected mail deliveries. Page 2 of 11

3 9. CONSIDERATION OF PROPOSALS: The College reserves the right to reject any or all proposals and to waive minor technicalities in offers if, in doing so, the best interest of College is served. All proposals submitted must satisfy the specifications as outlined in this document. The proposals will be evaluated on criteria as listed in the specifications. After all proposals are reviewed, the College may select certain providers for interview. The College reserves the right, for any reason, to withdraw this Request for Proposal prior to the date/time proposals are due and/or to make no award and/or withdraw the Request for Proposal, or to reject individual items, should proposed budget be insufficient or circumstances change after the Request for Proposal is issued. This Proposal does not commit the College to award a contract, nor shall the College be responsible for any cost or expense incurred by the Proposer in preparing or submitting a proposal, or any cost incurred prior to the execution of a contract agreement. 10. QUALIFYING PROPOSERS: Tallahassee Community College reserves the right to require a proposer to submit such evidence of qualifications as it may deem necessary and may consider any evidence available concerning the financial and other qualifications of the proposer. 11. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide 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 award or perform work as a contract supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 12. PROPOSAL ACCEPTANCE PERIOD: Any proposal in response to this solicitation shall be valid for 60 days following opening of proposals, to allow for formal action by the College Board of Trustees. The Proposer agrees that during such time his proposal will remain firm and irrevocable. At the end of the 60 days, the proposal may be withdrawn at the written request of the Proposer. If the proposal is not withdrawn at that time, it remains in effect until a contract is awarded or the solicitation is canceled. 13. PROPOSAL AWARD: Award will be made to the proposer who best meets the requirements of Tallahassee Community College, considering responsibility, responsiveness and costs. As the best interest of the College may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical basis and/or statewide basis, with one or more proposers; to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. All awards made as a result of this RFP shall conform to applicable Florida Statutes. A written contract and/or purchase order detailing agreed terms will be rendered between the College and the proposer achieving a successful proposal. Terms of the contract will include any and all items as specified in the invitation, plus mutually agreed upon terms and conditions Vendors have certain rights under Chapter 120, Florida Statutes. Failure to follow proper procedures for a timely protest shall constitute a waiver of all further proceedings under Florida Statutes (3). Page 3 of 11

4 14. CLARIFICATIONS: The College reserves the right to request clarification of information submitted and to request additional information of one or more proposers, if needed. 15. COOPERATIVE PURCHASE AGREEMENT: With the consent and agreement of the successful proposer(s), purchases may be made under this proposal by other community college, state universities, district school boards, and other state agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions stated in the proposal/proposal solicitation as provided in the State Board of Education Rule 6A (2) (d). If the period of time is not defined within this solicitation, the prices, terms and conditions shall be firm for 120 days from date of award. Proposer(s) shall note exceptions to the above paragraph, if any. 16. CONFLICT OF INTEREST: The award hereunder is subject to the laws of the State of Florida. All proposers must disclose, with their proposal, the name of any officer, director, or agent who is also an employee of the College. Further, all proposers must disclose the name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the proposer s firm or any of its branches. 17. LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county and local laws, and all ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes which may arise between proposer(s) submitting a proposal response hereto and the College. Lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. 18. TAXES: Sales to Tallahassee Community College are exempt from state sales tax. State sales tax certificate of exemption will be issued upon request. FLORIDA SALES TAX EXEMPTION NO: C PROPOSAL RESULTS: Notice of decision to recommend award of Proposal or to reject Proposals shall be posted in the TCC Purchasing Office, The State of Florida s Vendor Proposal System (VBS) and the TCC Purchasing website on or about May 30, Vendor Registration Requirements Prior to the submission of your solicitation documents, all vendors must be listed as a registered vendor in TCC s database. If you previously submitted these forms and received your TCC vendor id number, you will not need to re-submit, just reference this number on Page 6 of the Proposal Response Cover Sheet. If you are not a registered TCC vendor, you will need to complete our online TCC Vendor Application Form and W-9 at: forms are submitted to a secure Purchasing mailbox electronically which protects your information. Once your forms have been submitted and information has been processed by Purchasing, you will receive an containing your TCC Vendor ID Number. If you are unsure about your registration status in TCC s database, please Cheri Davis at and include the company name and Federal ID # or the last four digits of the vendor social security number. Page 4 of 11

5 II. SCOPE Tallahassee Community College (TCC) is seeking proposals for tax exempt financing up to $1,300,000 (principle and interest) in the form of a loan or a line of credit. The desire is secure financing for a time period not to exceed twenty (20) years. The proceeds will be used to build the Gadsden Center in Gadsden County for Tallahassee Community College. The financing will be repaid utilizing existing operating funds currently earmarked for lease or rent. The Gadsden County Center will be built on 1.42 acres of vacant land situated on Pat Thomas Parkway between Clark Street and Laura Street. A recent appraisal of the property is attached under Attachment A. The Gadsden Center will house both limited curriculum, continuing education and after school programs for the College. It is anticipated that the Center will be constructed during with an opening date of fall The architectural and engineering planning for the building will begin once financing is obtained. The most recent audited financial statements for the College are attached for review under Attachment B. III. SPECIFICATIONS These loan proceeds will be used to build the Gadsden Center in Gadsden County. The proposer may offer any loan options, provided that such options comply with the laws of the State of Florida. The College is requesting loan proposals for $1,300,000 payable over a 20-year term with annual payments including principal & interest (P&I) not to exceed $65,000. TCC would expect very little or no pre-payment penalties in addition to minimal up-front legal and closing costs. Financial information and other data pertaining to the college are available upon request. The quotations must be submitted in writing and signed by an authorized officer. Included in the submittal are all of the following: sample loan/financing documents, amortization schedules, (quarterly and semi-annually) and other necessary legal documents. Proposals must be sealed and clearly marked RFP Proposals should be mailed or delivered to: Tallahassee Community College RFP Purchasing Department Hinson Administration Building 444 Appleyard Drive Tallahassee, Florida The proposals will be publicly opened at 2:00 PM and recorded on Friday, May 23, 2014, in the Eagle Conference Room located in the Hinson Administration Building. Proposals received after the deadline will be rejected and returned unopened. The college reserves the exclusive right to evaluate all proposals and select the proposal that is in the best interest of the college. The college also reserves the right to reject all proposals at our discretion. A response form and other documents follow that are to be used in your reply. Please address any questions via to Cheri Davis at Page 5 of 11

6 Tallahassee Community College Purchasing Department Hinson Administration Building 444 Appleyard Drive Tallahassee, Florida (850) Proposal Response Cover Sheet Tax Exempt Financing Invitation to Proposal RFP Sealed Proposals will be accepted in the Purchasing Department by 1:45 p.m. EDST before the opening time of 2:00 pm on Friday, May 23, 2014 and may not be withdrawn for 60 days after opening. I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same service, and is in all respects fair and without collusion or fraud. I agree to be bound by all conditions of these proposal specifications; and, I certify that I am authorized to sign this proposal. Legal Name of Proposer: Mailing Address: City, State, Zip Code: Telephone Number: By: Signature (Manual): By: Signature (Typed): Title: TCC Vendor ID # 4 Page 6 of 11

7 Tallahassee Community College Proposal Response Form Tax Exempt Loan Financing Request for Proposal RFP BORROWER: Tallahassee Community College LENDER: TERM: PAYMENTS: 20 years (Enclose payment schedule) $1,300,000 Fixed Rate % Loan Principal Legal Fees Prepayment Penalty if any Other (explain below) Please provide a list of general conditions and what Security is required. Clearly detail any and all costs associated with the loan at closing or otherwise. Specify whether any prepayment penalties would apply. Page 7 of 11

8 IV. STATEMENT OF NO PROPOSAL/PROPOSAL If your company does not intend to propose on this request, please complete and return this form prior to the date shown for receipt of Proposals: No Proposal - Please include reason for No Proposal Proposal reply sheets must be completed and signed, as indicated below. I certify that I am an authorized representative of this company: Authorized Signature Printed Name Date Phone Name of Company Address Fax Page 8 of 11

9 SWORN STATEMENT UNDER SECTION (3) (1). FLORIDA STATUTES, 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, Proposal or Contract for 2. This sworn statement is submitted by [name of entity submitting sworn statement] whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is. (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). 3. My name is and my relationship to the entity named above is. 4. I understand that a "public entity crime" as defined in Paragraph (1) (g), Florida Statutes, means a violation of any state of 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 an 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 (91) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court or recording, relating to charges brought by federal or state trial court or recording, relating to charges brought by federal or state trial court or recording, relating to charges brought by indictment or information after July 1, 1989, as a result of a just verdict, nonjury trial, or entity of a plea of guilty or nolo contendere. 6. I understand the "affiliate" as defined in Paragraph (1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public crime: or (2) 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 ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered and affiliate. 7. I understand that a "person" as defined in Paragraph (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which proposals or applies to proposal on contracts for the provisions 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, Page 9 of 11

10 executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, that 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, or one more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor 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 the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] Date: [Signature] STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, [name of individual signing] who after first being sworn by me, affixed his/her Signature in the space provided above on this day of, 2 My commission expires: Notary Public Print, Type, or Stamp of Notary Public Personally known to me, or Produced Identification: Type of I.D. Page 10 of 11

11 NON-COLLUSION AFFIDAVIT State of County of, being first duly sworn, deposes and says that: He/she is of, the Proposer that has submitted the attached Proposal; He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Proposer nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, 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 Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Board of Trustees of Tallahassee Community College. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signed Title Subscribed and sworn to before me this day of, 2. Title My Commission Expires: Page 11 of 11

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