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Res No 066-24-16171RESOLUTION NO. 066-24-16171 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT TO THE RESPONDENTS SELECTED PURSUANT TO REQUEST FOR QUALIFICATIONS NO. CSM2024-0l; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami (the "City") desires to receive proposals from responsible and qualified firms interested in redeveloping the City Hall site located at 6130 Sunset Drivee with a profitable, large-scale, multi-component, mixed-use development featuring a new municipal complex (the "Project"); and WHEREAS, the City issued Request for Qualifications No. CSM2024-0l ("RFQ") for the purpose of identifying responsible and qualified proposers for consideration of proposals for the Project under a Request for Proposals ("RFP''); and WHEREAS, five sealed responses were received by the RFQ deadline on March 25, 2024; and WHEREAS, on April 16, 2024, the City Commission adopted Resolution No. 049-24- 16154 selecting RUDO, LLC, 13th Floor Investments LLC, Adler Development, LLC, Integra Solutions, LLC and Sonnenblick Development (the "Selected Respondents") as qualified and responsible respondents that are eligible to submit proposals under an RFP; and WHEREAS, the City Commission desires to authorize the City Manager to issue the RFP for the Project to the Selected Respondents in substantially the form attached hereto as Exhibit "A", and with the changes directed by the City Commission at this meeting; and WHEREAS, the City Commission finds that the RFP and this Resolution are in the best interest and welfare of the City. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Issuance of Request for Proposals (RFP}. The City Manager is hereby authorized to issue the RFP for the Project to the Selected Respondents in substantially the form attached hereto as Exhibit "A," and with the changes directed by the City Commission at this meeting, subject to the approval of the City· Attorney as to form, content, and legal sufficiency. Page I of2 Res. No. 066-24-16171 Section 3. Imnlementation. That the City Manager is authorized to take any and all actions necessary to implement the issuance of the RFP and the purposes of this Resolution. Section 4. Co1Tections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 5. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 21'1 day of May, 2024. ATTEST: CITY•~ READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF LFMANCOLE ' .. CITY ATTORNEY COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: 5-0 Yea Yea Yea Yea Commissioner Corey: Yea Page2 of2 Agenda Item No:5. City Commission Agenda Item Report Meeting Date: May 21, 2024 Submitted by: Lillian Arango Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT TO THE RESPONDENTS SELECTED PURSUANT TO REQUEST FOR QUALIFICATIONS NO. CSM2024-01; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ) Suggested Action: Attachments: Memo-Resolution Issuance of RFP for South Miami City Hall Redev.DOCX 48T279702-Resolution Authorizing Issuance of RFP for South Miami City Hall Redevelopment.DOCX RFP for City Hall Redevelopment.DOCX 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Lillian Arango and Tony Recio, City Attorneys CC:Genaro “Chip” Iglesias DATE:May 21, 2024 City Commission Meeting SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT TO THE RESPONDENTS SELECTED PURSUANT TO REQUEST FOR QUALIFICATIONS NO. CSM2024-01; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. (MAYOR FERNÁNDEZ) The accompanying Resolution was prepared and placed on the agenda at the request of Mayor Fernández. 2 CITY OF SOUTH MIAMI REQUEST FOR PROPOSALS (RFP)NO. 2024-XX SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT City of South Miami Commission Mayor Javier Fernández Vice Mayor Lisa Bonich Commissioner Steve Calle Commissioner Brian Corey Commissioner Josh Liebman City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: [DAY], [DATE],2024 PROPOSAL OPENING DATE: [DAY], [DATE], 2024 PROPOSAL OPENING TIME: 10:30 A.M. 5 RFP No. 2024-XX Table of Contents TABLE OF CONTENTS Section Page Section 1: Information for Proposers XX Section 2: Scope of Redevelopment XX Section 3. Proposal Form Package XX Section 4: Terms and Conditions XX ATTACHMENTS Exhibit A.List of Potential Governing Agreements (“Agreements”) Exhibit B.Form of Performance and Payment Bond (if required) Exhibit C.Declaration/Affidavit of Representation 6 RFP No. 2024-XX Section 1 Page 1 of 18 SECTION 1. INFORMATION FOR PROPOSERS 1.1.INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting proposals from the firms that were determined to be the top-ranked, responsible and qualified proposers pursuant to Request for Qualifications No. 2024-XX and Resolution No. 2024-XX (the “Request for Qualifications”) for the long-term lease of the City Hall property (the “Project Site”), and its redevelopment, and operation as a profitable, large-scale, multi-component, and first-class mixed-use development featuring a new municipal complex for the SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT (the “Project”). The City’s primary objective in connection with the Project Site is to facilitate the development and construction of the Civic Improvements (as hereinafter defined) and the Developer Improvements (as hereinafter defined) on the Project Site (and/or City approved alternate sites) as part of a harmonious first-class mixed-use development. The Proposer or an affiliate thereof (hereinafter, the “Developer”) shall be responsible for the design and construction of the Civic Improvements and the Developer Improvements pursuant to arrangements to be identified by the Proposer in its submittal in response to the RFP that reflect a transaction structure acceptable to the City. Each Proposer is encouraged to propose such a transaction structure as it believes shall best help the City achieve its goal of financing the construction of the Civic Improvements in such a manner that shall eliminate or minimize the cash outlay by the City for the construction of the Civic Improvements. By way of example, one potential transaction structure could involve a master development agreement(s) and/or one or more ground leases and/or subleases for each component use or phase, including the Civic Improvements and Developer Improvements with a rent structure for parcels that include Developer Improvements. For purposes hereof, the following terms shall have the following meanings: “Civic Improvements” shall mean, collectively, (i) a new City Hall building containing not less than 30,000 square feet of space, (ii) a new police station containing not less than 25,000 square feet of space, (iii) a Miami-Dade County Public Library containing not less than 15,000 square feet of space; and (iv) Jean Willis Park, if relocation of the park is proposed. “Developer Improvements” shall mean all improvements that are not Civic Improvements, including such commercial, multifamily and office improvements to be constructed on the Project Site. “Project Improvements” shall mean the Civic Improvements and Developer Improvements collectively. Proposals for the Project must include the provision of all services, design, labor, materials, equipment, and all incidentals necessary, as set forth in Section 2 of this RFP. 1.2.SCHEDULE OF EVENTS. The following schedule is anticipated for this RFP process, but is subject to change by the City, in its sole discretion, at any time during the RFP procurement process. 7 RFP No. 2024-XX Section 1 Page 2 of 18 No.Event Date*Time* (EST) 1 Distribution of RFP 2 Mandatory Pre-Proposal Conference and Site Visit 6130 Sunset Drive South Miami, FL 33143 3 Deadline to Submit Questions / Requests for Clarification 4 City Issues Addenda to Respond to Questions 5 Deadline to Submit Sealed Proposals – Submission Deadline 6 Proposal Opening 7 Review of Proposals by Evaluation Committee 8 Oral Presentations before Evaluation Committee (if requested) 9 Recommendation from Evaluation Committee to City Manager 10 City Manager Issues Recommendation and/or Evaluation of Proposals to City Commission 11 Presentations before the City Commission (if requested) 12 Selection and Award to Selected Proposer by City Commission 13 Negotiation of Agreement(s) between City Manager and Selected Proposer 14 Award of Agreement(s) at City Commission Meeting 1.3.PROPOSAL DUE DATE. Sealed Proposals must be submitted in a sealed envelope by hand-delivery submitted at the receptionist’s desk located at City Hall located at 6130 Sunset Drive, South Miami, Florida 33143, by 10:00 a.m. E.S.T. on [Date], 2024 . (the “Submission Deadline”). 1.4.MANDATORY PRE-PROPOSAL CONFERENCE AND SITE(S) VISIT. A mandatory pre-Proposal conference, will be held at 11:00 a.m. on [Day], [Date], 2024 at the _____________. Attendance at this conference in person is required in order to submit a 8 RFP No. 2024-XX Section 1 Page 3 of 18 Proposal in response to this RFP and for the Project.The conference will also be broadcast via Zoom for members of the Proposer teams to watch, and shall be noticed by the City Clerk. All persons attending the pre-Proposal conference will receive the answers to all questions asked or submitted. A site(s) visit for interested Proposers will occur immediately following the pre- Proposal conference. Prior to submitting a Proposal, each Proposer should visit the Project Site and become familiar with the conditions that may, in any manner, affect the work to be performed by the awarded proposer or the approvals, consents, modifications to governing instruments, releases, closures/vacations, equipment, materials and labor required. The Proposer is also required to examine carefully the Scope of Redevelopmentset forth in Section 2of this RFPand be thoroughly informed regarding any requirements or conditions that may in any manner affect the Project to be implemented under the Agreement(s). No allowances will be made because of lack of knowledge of any conditions or requirements. 1.5.ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING PROPOSAL PROCESS. The City will not respond to oral inquiries or questions concerning this RFP. All written inquiries, requests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and received by the City no later than __________, 2024 at 10:00 a.m. All such interpretations or clarifications will be made in writing in the form of an Addendum to this RFP issued by the City to all known prospective Proposers identified by the Request for Qualifications. Each prospective Proposer shall acknowledge receipt of such Addenda by including it in the Proposal Form. All Addenda shall be a part of this RFP and a part of the Agreements that will govern development of the Project and each Proposer will be bound by such Addenda, whether or not received. It is the responsibility of each prospective Proposer to verify that it has received all Addenda issued before Proposals are submitted and opened. 1.6.SUBMISSION OF PROPOSAL. Sealed Proposals must submitted in a sealed envelope by hand-delivery submitted at the receptionist’s desk located at City Hall located at 6130 Sunset Drive, South Miami, Florida 33143, by 10:00 a.m. E.S.T. on [Date], 2024 by the Submission Deadline. Sealed Proposals must be clearly labeled with the identity of the individual, firm, partnership, or corporation under the same name as identified in the Request for Qualifications, must be marked as “Proposal to City of South Miami, RFP No. 2024-XX, South Miami City Hall Redevelopment” and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 9 RFP No. 2024-XX Section 1 Page 4 of 18 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov Sealed Proposals must contain all of the following materials: · One (1) original sealed proposal; · Ten (10) bound paper copies of the sealed proposal; and · One (1) readable and reproducible flash drive that contains the entire sealed proposal. Proposals shall be typed or printed in ink. All blanks on the Proposal form(s) must be completed. Names must be typed or printed below the signature. Proposals submitted by facsimile and/or email will not be accepted. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to bind the Proposer and enter into a contractual relationship in the name of the Proposer. The submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the Proposer to implement the Project, upon the terms and at the prices stated by the Proposer. THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF PROPOSALS. THE CITY RESERVES THE RIGHT IN ITS DISCRETION TO WAIVE MINOR IRREGULARITIES IN ITS SOLE DISCRETION AND AS GENERALLY ALLOWED BY LAW. THE CITY WILL NOT ACCEPT, AND SHALL NOT CONSIDER, PROPOSALS SENT VIA, FACSIMILE AND/OR EMAIL. Sealed Proposals will be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the Proposal opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the Proposal opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Only one (1) Proposal from any individual, firm, partnership, or corporation, under the same name as identified in the Request for Qualifications, will be considered. If the City determines that any Proposer has interest in more than one (1) Proposal for the Project contemplated, all proposals in which such Proposer s interested shall be rejected. By submitting this Proposal, Proposer certifies that this Proposal is made without previous understanding, contract, or connection with any person, firm, or corporation making a Proposal for this RFP, and Proposer’s participation is in all respects fair and without collusion or fraud. 1.7.PROPOSAL REQUIREMENTS & FORMAT. Each Proposer must present its proposal, including its Master Development Plan, financial offer, financing strategy, anticipated development timeline, and maintenance and operation plan in a clear and concise manner that demonstrates the Proposer’s concept for the Project. The emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the Project. Proposals MUST include the following: 10 RFP No. 2024-XX Section 1 Page 5 of 18 1.7.1. Executive Summary and Overall Approach. 1.7.1.1.Title Page.Include a title page titled “Proposal to City of South Miami, RFP No. 2024-XX, South Miami City Hall Redevelopment Project,” together with all information identifying the Proposer, including the Proposer’s name, address, telephone number, e-mail address, and date. 1.7.1.2.Table of Contents:Include a clear identification of the Proposal’s materials by section and page number. 1.7.1.3.Executive Summary.Briefly introduce the Proposer; the Proposer’s commitment to the City; the Proposer’s understanding of the City’s development vision and goals for the Project; the Proposer’s understanding of the Project throughout each anticipated Project phase; and the elements of the Proposal, including any unique aspects of the Proposal. The executive summary shall be signed by the party authorized to negotiate terms, render binding decisions, and commit the Proposer’s resources and make a positive commitment to design, construct, develop, and operate and manage the Project in accordance with the terms of the Proposal being submitted. The Executive Summary shall not exceed one (1) page, single-spaced, in Times New Roman font size 12 or equivalent font typeface and size. 1.7.2. Master Development Plan. Proposals submitted in response to this RFP must include a Master Development Plan for the Project. The Master Development Plan must demonstrate the Proposer’s understanding of the City’s development vision and goals for the Project, familiarity with the Project Site and the neighboring community, and extensive knowledge and experience in implementing similar projects. The Master Development Plan must include the following components: A. Summary and Overall Approach. 1. A summary describing the proposed Master Development Plan and the Proposer’s general approach to planning, design, developing, constructing, maintaining, operating, and managing the proposed Project. The summary must also include an explanation of why the proposed development is the highest and best use of the Project Site and the method used in making that determination. 2. A description of the overall proposed Master Development Plan. The Master Development Plan shall include a description of the Proposer’s concept for the entire Project Site and the approximate square footage to be included in each component. B. Planning and Site Plan Approach. 1. Proposers must include a conceptual site plan of the Project Site, including all required components of the Project (as provided under Section 2 herein). In particular, conceptual site plans must identify and indicate the phasing plan for each component phase of the Project, the location of the proposed building(s), amenities, and other structures and features, including vehicular and pedestrian 11 RFP No. 2024-XX Section 1 Page 6 of 18 access points, roadways, sidewalks, open areas, landscaping, etc. Additionally, Proposers must include elevations, floor plans, landscape plans, and renderings of the proposed Project development that emphasizes and illustrates the key components of the proposed Project in the conceptual site plan. If development is proposed in phases, Proposers should clearly identify each phase either on the conceptual site plan or as a separate phasing plan. 2. An explanation of how the Project complies with zoning requirements and/or zoning changes and land use changes that will be pursued by the Proposer if awarded an Agreement(s) pursuant to this RFP. Proposals that require rezonings and land use changes to the Project Site should weigh their proposed changes for compatibility with the City’s Comprehensive Plan and the surrounding neighborhood. 3. A description of the entitlements (including but not limited to zoning approvals, subdivision approvals, environmental permitting, releases, building permitting and any significant operating licenses) required by the proposed Project, how the Proposer will pursue said entitlements, and a timeline for obtaining said entitlements. 4. A Project table for each component phase with gross and net floor area proposed for each use, including residential, workforce housing, retail, office, medical, lodging, and civic as provided in Section 2, etc. 5. At a minimum the Proposal shall provide for the following Civic Improvements and uses with the minimum e following net floor area, either on the Project Site or at an alternate location identified and secured by the Proposer subject to the consent and approval of the City:(1) a 30,000 square foot City Hall component; (2) a 25,000 square foot Police Station component; (3) a 15,000 square foot Miami-Dade County Library component, the location of which is also subject to County approval if not on the Project Site; and (4) a 27,500 square foot park component in the current location of Jean Willis Park or at an alternate location on the Project Site. The Project may provide any other uses, residential density, and floor area as may be permitted under the City’s land development code, as may be amended, and shall provide adequate parking. 6. A detailed description of each development component, including Civic Improvements, Developer Improvements, and residential density (if applicable) and gross and net floor area proposed for each use within the component. Proposers may propose uses that are not currently permitted on the Project Site, but must clearly identify how the proposed use is compatible and how the Proposer will obtain the necessary approvals to implement the proposed use. 7. Detailed plan to preserve and incorporate the City’s historic Sylva Martin Building into the overall development scheme or providing for relocation of the building to a suitable location, subject to the consent and approval of the City. C. Public Areas Approach 12 RFP No. 2024-XX Section 1 Page 7 of 18 1. Development plan for the public areas of the Project that incorporates, at minimum: a. Identification of park area for Jean Willis Park, including park design and amenities. b. Enhancements and locations of pedestrian interconnectivity to public transit and the City’s Town Center. c. Placemaking enhancements to rights-of-way, and a description of the degree to which such placemaking enhancements are consistent with, or depart from, the City’s placemaking design efforts. d. Other public amenities, if any, such as plazas, paseos, public art, bicycle storage and supporting services, and required infrastructure. e. Relationship of site design to Sunset Drive and the Underline Project. D. Common Area Approach. 1. Development plan for common areas of the Project that incorporates, at a minimum: a. Security systems, cameras, and license plate readers. b. Impact windows and doors. c. High efficiency lighting systems. d. Outdoor recreational elements, especially walking paths, bike paths, playgrounds, pavilions, and/or other similar elements. Interconnectivity with the proposed Underline Project is highly encouraged. e. Elevators. f. Motion sensor exterior lights. g. Gated parking areas with key fob entry or card entry sheltered from the elements for residential uses (if necessary) h. 24/7 staffed security guard houses, preferably located at resident vehicle entry points (if provided) i. Back-up Generators. j. Maximum amount of vegetation, trees and shaded areas as feasibly possible. k. Waste disposal facilities. 2. Development plan for parking that provides, at a minimum: 1. At least 90 parking spaces for the City Hall component; 2. At least 60 parking spaces for the Police Station component; 3. At least 39 parking spaces for the Library component; 4. Bicycle parking. Adequate parking in accordance with the City’s Land Development Code must also be provided for each proposed use. Parking design and layouts should not be featured as a focal point of the Project and should instead emphasize the Project’s walkability, livability, and pedestrian-friendliness. Additionally, parking layouts should not detract from the architectural design approach for the Project. 13 RFP No. 2024-XX Section 1 Page 8 of 18 E. Architectural Design Approach. 1. Architectural design that is both aesthetically appealing, and that intentionally integrates with the street and neighborhood to promote and foster a livable, pedestrian-friendly, walkable, healthy, and vibrant community. The architectural design approach should exemplify excellence, creativity, and innovation in the architectural and site design of the Project, with a layout that maximizes the use of the Project Site and provides for efficient vehicular and pedestrian site access while minimizing conflicts with the road network of the surrounding area. 2. Amenities that will be attractive and beneficial to the residents and/or users of the Project and the neighboring community. 3. Explanation of the energy efficiency, sustainability, and resiliency features to be included in the Project, including the energy efficient standards met (e.g. LEED, Green Globes, etc.), which at a minimum meet the requirements of the City’s Land Development Code. 4. Explanation of the Project’s compliance with the City’s Art in Public Places requirements. F. Infrastructure Approach 1.Identification of existing infrastructure and modifications needed to accommodate the Project, both on the Project Site and within any surrounding rights-of-way. 2.Identification and proposed location for new or modified infrastructure. 3.Anticipated timing and construction approach to making infrastructure modifications. G. Management and Operation Approach. 1. Management plan for the Project, including but not limited to long-term upkeep, general maintenance, provision of utilities, maximizing rental of floor area, and other related services for management of the Project Site. Please include any information on a third-party management firm, if applicable. A Project management approach narrative should be included describing: a. Approach to leading the Project Team through Project administration b. Day-to-day Project management and reporting c. Design management d. Document management e. Contract management f. Change management g. Quality control/quality assurance h. Risk management i. Operations 14 RFP No. 2024-XX Section 1 Page 9 of 18 j. Any other areas that the Proposer believes may be of interest to the City. 2. Identify the quality control procedures and mechanisms that will be implemented for the proposed Project and an analysis of the Proposer’s quality control procedures for previous projects. 1.7.3. Financial Offer. Proposals must provide for a Financial Offer to the City for the long- term ground lease(s), development, and operation of the Project. The Financial Offer shall include and identify (i) all base rent payments under ground lease(s), and any component leases, to the City (with annual increases and periodic adjustments for market conditions), and (ii) any additional consideration payable to the City as an inducement to award and enter into Agreement(s) with the Proposer. Additional consideration may include without limitation any proposed revenue sharing and parking revenue sharing plans, detailing the Proposer’s proposed revenue sharing structure with the City at the initiation of the Project and/or during the course of the Project’s operation and management phase. Please provide details of all base rent payments under ground lease(s) to the City and any component leases, and all proposed revenues to be shared with or paid to the City, and when and how revenues will be issued to the City. The City will give due consideration to the ability of the finished structures and management to produce revenue on an ongoing basis. The Financial Offer should provide for the following: 1.7.3.1.Annual base rent payments to the City pursuant to ground lease(s) and any component leases on a triple net basis for the Project Site at a minimum amount equal to ___% of the fair market value of the unencumbered Development Improvement parcel(s) based on an appraised highest and best use of each parcel at the commencement of the ground lease terms, together with proposed annual rent increases in the amount of not less than __ (%) of the base rent for the preceding year, and periodic base rent adjustments every [ ___ ] years to the extent required for market conditions. 1.7.3.2.Whether the Proposer will provide for a share of revenues/netcash flow payments to the City, including, but not limited to retail and parking revenues, and when and how such revenue sharing payments will be made to the City. 1.7.3.3.If any stabilization or grace period is proposed prior to payment of annual ground lease payments and/or revenue sharing payments. 1.7.3.4.Whether the Proposer will provide the City with any other compensation structure, benefit or payments. 1.7.3.5.The total monetary value of the proposed Project Improvements (Civic Improvements and Developer Improvements) provided to the City. Please be advised that the total monetary value (cash and/or improvements) received by the City as a part of the Proposal must be equal to or greater than the value of the Project Site as determined by an independent property appraiser selected by the City. 1.7.4. Finance Plan. Proposals must provide for a Finance Plan for the development of the Project, and each component phase, and all Project Improvements. The Finance Plan 15 RFP No. 2024-XX Section 1 Page 10 of 18 must address the Proposer’s Financing and Budgeting Approach for the Project and Project Improvements, and the Proposer’s Financial Strength and Capacity. A. Financing and Budgeting Approach.Financing/budget plan for the Project that includes the full cost of design, construction, and management and operation activities. The City will consider proposals utilizing a variety of financing methods for the Project, including but not limited to conventional financing, direct investment by third parties, public-private partnerships, and/or such other feasible financing methods. City may, at its sole discretion, work and cooperate in financial efforts by the selected Proposer to identify and secure Project funding. It is the City’ goal and intent to have the Project Improvements funded solely and independently by the selected Proposer with no contributions or out-of-pocket payments by the City. Proposers may submit proposals that include options to raise funds to support the Project, if desired. City reserves the right to reject any submittal that may not be budgeted or capable of being independently funded. The Financing/Budget Plan should include: 1. Information pertaining to the financing strategy and proposed methods that will be utilized to identify and obtain the maximum funding required to design, construct, and manage and operate the Project and Project Improvements. Please specify the estimated amount of funding needed for completion for each component phase of the Project proposed (specify for each of the Civic Improvements and Developer Improvements, the source of the funding, and how the funds will be secured by the Proposer. 2. Information regarding the Proposer’s approach to managing financial risk associated with the Project. The Proposer should explain if it anticipates that tariffs, lower than anticipated equity prices, construction prices, or permanent loan interest rate increases will impact the design, finishes, amenities, or other anticipated fifteen (15) year operating projections. Describe any procedures or analysis that is performed to project these concerns and how they would be addressed. The proposed financing of the Project and Project Improvements may not allow for cross-collateralization or cross-defaulting with any other property, project, or other assets. 3. A description of any new, innovative, and/or other opportunity financing technique that may be utilized or of interest to City to further support and fund the Project and Project Improvements. 4. Explanation of the Proposer’s understanding of state and local requirements and procedures that will enable necessary equity to be raised to sufficiently fund the Project and Project Improvements. 5. Information regarding the Proposer’s guarantee of obligations, including guarantee of payment and performance obligations, completion of all Project Improvements, and all financial obligations due the City under the Agreement(s). 16 RFP No. 2024-XX Section 1 Page 11 of 18 B. Financial Strength and Capacity. a.Financial Statements. The Proposer shall submit evidence of financial ability, capacity and strength to complete all obligations under the Agreement(s), including all obligations to the City under the Agreement(s), performance and completion of all Project Improvements, and the attainment and satisfaction of all financing and lender obligations and payments. The Proposer shall also submit Financial Statements for the three (3) most recently completed fiscal years The Financial Statements must include an Opinion Letter, a Balance Sheet, an Income Statement and a Statement of Changes in Cash Flow. Financial Statements must be prepared in accordance with US Generally Accepted Accounting Principles (USGAAP) or International Financial Reporting Standards (IFRS). The Financial Statements must be audited by an independent party qualified to render audit opinions. If audited statements are not available, the Proposer shall include unaudited Financial Statements, certified as true, correct and accurate by the chief executive, chief financial officer or treasure (or equivalent) of the entity. b.Insurance Certificates. Proposer shall provide certificates of insurance demonstrating ability and capacity for compliance with the minimum requirements set forth under Section 4 of this solicitation, including but not limited to: i. Commercial General Liability; ii. Workers Compensation & Employer’s Liability; iii. Business Automobile Liability; and iv. Professional Liability THE CITY IN ITS SOLE DISCRETION MAY REQUIRE HIGHER LIMITS OF INSURANCE AND/OR ADDITIONAL COVERAGES IF DEEMED NECESSARY. C.Project Schedule Plan.Each Proposal must include a Project implementation schedule. The Project schedule must: A.Provide a realistic, detailed Project schedule for the development of each component phase of the Project Improvements, from award of Agreement(s) to issuance of the last Certificate of Occupancy, identifying key tasks and duration of each. B.At a minimum, the Project schedule must contain the following key tasks for development of each component phase of the Project Improvements, if applicable (specify the proposed duration of each task in number of months from award of the Agreement(s) until completion of each component phase or task.): 1. Time period from award of Agreement(s) until completion of design; 2. Time period from award of Agreement(s) until commencement of construction; and 3. Time period from award of Agreement(s) until issuance of Certificate of Occupancy or Certificate of Completion 17 RFP No. 2024-XX Section 1 Page 12 of 18 C.Provide for development of the Project Site and Project Improvements in an expeditious manner that complies with all requirements necessary to ensure a safe and sound development. D.Measures to mitigate any disruption to existing City facilities, and/or other public and/or private operations and facilities. Mitigation measures must include the provision of temporary facilities to ensure seamless and ongoing City operations during development and construction of the Project Improvements, and ultimately be approved in writing by the City prior to commencement of any work that may impact City or private operations and/or facilities. Note: Proposers are cautioned to be realistic in proposing the above-described time periods as this information will be relied upon in evaluating proposals and in establishing the Project schedule. The Agreement(s) resulting from this RFP will include damages for failing to complete the key tasks included in the Project schedule. D.Proposal Form Package.Proposer shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Proposal Package: Form 1.Proposal Form Package Acknowledgement. Form 2.Proposal Guaranty Form 3.Cost Recovery Agreement E.Special Consideration.Describe any special resources that Proposer or Proposer’s personnel assigned to develop, operate, and maintain the Project may bring or in-house expertise in technical areas, which will specifically benefit the City. Not to exceed three (3) pages in 12 point Times New Roman (or equivalent) font and single-spaced. Excess pages will be removed prior to submission to the Evaluation Committee. 1.7.5.Cost Recovery.Proposer shall submit a cost recovery deposit of $7,500 to cover the City’s costs of administering this RFP, including but not limited to costs of professionals used by the City to evaluate the RFP and advise the City Manager or City Commission. The cost recovery deposit shall be non-refundable. By submitting its proposal, Proposer acknowledges and agrees that it shall be required to submit an additional cost recovery deposit in an amount to be determined by the City Manager, but in no event less than $50,000, if selected for the award, to be applied to the City’s costs incurred in connection with evaluating and implementing the award. Such cost recovery deposit shall be due prior to negotiations and shall be replenished as necessary. 1.8.EVALUATION CRITERIA. Award shall be made to the responsive Proposer(s) (i.e. in compliance with the requirements and criteria of the RFP) whose Proposal is determined to be the most advantageous to the City and in the City’s best interest. Proposals will be evaluated according to the following criteria and respective weight: Evaluation Criteria Maximum Points 18 RFP No. 2024-XX Section 1 Page 13 of 18 Master Development Plan An evaluation of the overall Master Development Plan and each component phase of the Master Development Plan, considering the City’s development vision and goals for the Project. 250 Total Overall Approach 20 Planning and Site Plan Approach – Civic Improvements 50 Planning and Site Plan Approach – Developer Improvements 50 Public Areas Approach 30 Common Areas Approach 10 Architectural Design Approach 50 Infrastructure Approach 15 Management and Operations Approach 25 Financial Offer 100 Total Overall Finance Plan An evaluation of the Proposer’s financial strength, capacity, and the Finance Plan. 50 Total Financing and Budgeting Approach 40 Financial Strength and Capacity 10 Project Schedule Evaluation of the proposed Project implementation schedule for all component phases of the Project (Civic Improvements and Developer Improvements) taking into account the timeline for completion, the feasibility of the Project implementation schedule, and the method of ensuring Project implementation in a manner that complies with all safety requirements and causes minimal disruption to the community and City facilities. 100 Total Total Possible Points 500 1.9 SELECTION PROCESS 1.9.1 Phase 1: Staff Level Review for Compliance with Minimum Requirements.City Staff and consultants shall review and evaluate the Proposals submitted to ensure the minimum criteria and requirements of the RFP have been met. The City Manager or designee may reject those Proposals that do not meet the minimum requirements of the RFP. 1.9.2 Phase 2: Evaluation Committee Review. The City Manager or City Manager’s designee will appoint an Evaluation Committee to review and evaluate the responsive Proposals (i.e. those Proposals that are in compliance with the requirements and criteria of the RFP) during a public meeting (the City will provide instructions on how to participate and access the meeting). The Evaluation Committee reserves the right to request additional information or seek clarifications as it deems necessary. Failure to comply with any mandatory requirements may disqualify a proposal. The Evaluation Committee reserves the right to conduct interviews or require 19 RFP No. 2024-XX Section 1 Page 14 of 18 presentations prior to finally ranking the Proposals. The Evaluation Committee shall rank the responsive Proposals in terms of their relative advantage to the City and the City’s best interest, based on the evaluation criteria set forth above. 1.9.3 Phase 3 (if requested by Evaluation Committee): Oral Presentations.The Evaluation Committee may call Proposers for oral presentations before the Evaluation Committee regarding their Proposal, Project approach, and the ability to furnish all aspects required for implementation of the Project. All Prime Consultants and subconsultants in each Project team shall be present at the assigned time for a 20-minute presentation followed by up to a 10-minute question-and-answer session. The Proposers are encouraged to be represented only by the Lead/Project Manager and the staff identified in the Proposal. Additional details on the oral presentations may be provided to the Proposers. If oral presentations are requestedby the Evaluation Committee, the oral presentation will be worth an additional 200 points. The City will notify the Proposers where the oral presentations, if any, will be conducted and whether the Proposers may appear virtually or must appear in person. The Evaluation Committee shall rank the Proposers and provide its written recommendations to the City Manager. 1.9.4 Recommendation to City Commission. After the Evaluation Committee evaluates and ranks the Responsible Proposers, the City Manager shall review, evaluate, and present a recommendation to the City Commission for selection and award of a Proposer(s) and Proposal, or rejection of all proposals at a City Commission meeting, taking into consideration the recommendations of the Evaluation Committee. If the City Manager issues a recommendation for selection of a responsive Proposer and Proposal, the recommendation shall recommend selection of the Proposer and Proposal that the City Manager determines is the most advantageous to the City and in the City’s best interest. The City Manager’s recommendation shall be provided to the City Commission together with the Evaluation Committee’s rankings and recommendations. 1.9.5 Phase 4: City Commission Presentation (if requested). The City Commission may call Proposers for oral presentations before the City Commission regarding their Proposal, Project approach, the ability to furnish all aspects required for implementation of the Project, and such other factors determined by the City Commission to be necessary to determine the responsive Proposer who submitted the Proposal that is the most advantageous to the City and in the City’s best interest. The City Commission may request oral presentations from the Proposers, provided, however, that nothing herein shall be construed to restrict the City Commission’s ability to request presentations from any and/or all Proposers. If oral presentations are requested by the City Commission, instructions governing the presentation shall be provided to the Proposers selected to provide oral presentations. 1.9.6 Phase 5: City Commission Meeting to Select Responsible Proposer.The City Commission may select the Proposal from the responsive Proposer(s) that it determines is compliant with the criteria and requirements of this RFP, and is the most advantageous to the City and in the City’s best interest, taking into consideration all aspects of each Proposer’s Proposal, including oral presentations, if requested. 1.9.7 Phase 6: City Manager Negotiation of Agreement(s): After selection of the Proposer(s) by the City Commission, the City Manager and/or designee(s) shall negotiate such Agreement(s) with the selected Proposer(s) that are necessary to fully implement all aspects of the Project. The City Manager shall negotiate Agreement(s) that incorporate the major terms and conditions 20 RFP No. 2024-XX Section 1 Page 15 of 18 contained in this RFP and all aspects of the Proposer(s) Proposal, including the Proposer(s) Financial Offer, that the City Manager, in his/her sole discretion, determines is fair, competitive, and reasonable. Any award and execution of agreement(s) shall be subject to approval by the City Attorney as to form, content, and legal sufficiency. Should the City Manager be unable to negotiate satisfactory agreements with the Selected Proposer, the City Manager shall terminate negotiations with the Selected Proposer, and the City Commission shall have the right to cancel the RFP process or select and award the Agreement(s) to a qualified Proposer pursuant to the process in Section 1.9.6, in its sole discretion, and authorize the City Manager to negotiate Agreement(s) with the next Selected Proposer. P. The City anticipates entering into the Agreement(s) listed in Exhibit “A” with the selected Proposer. 1.9.8 Phase 7. City Commission Meeting to Award and Approve Agreement(s).Upon reaching mutually agreeable terms with the selected Proposer(s), the Agreement(s) negotiated with the selected Proposer(s) shall be presented to the City Commission for final approval. 1.9.CITY’S RIGHTS; WAIVER OF IRREGULARITIES The City reserves the right to: 1.9.1.Reject any or all proposals which is in any way incomplete or irregular, reissue the entire solicitation, or enter into contracts with more than one Proposer; 1.9.2.Utilize the services of one or more technical experts to assist in the evaluation of any aspect of the proposals received in response to the RFP at any stage of the RFP, and to negotiate and draft Agreement(s); 1.9.3.Accept or reject any and/or all Proposals or parts of Proposals; 1.9.4.Workshop or negotiate any and all Proposals; 1.9.5.Select and award Proposer(s) for all or any portion of the Project 1.9.6.Waive irregularities in any Proposal; 1.9.7.Cancel or discontinue this RFP process; 1.9.8.Request new Proposals for implementation of the Project; and 1.9.9.Short list Proposers and conduct personal interviews or require presentations by any or all Proposers prior to ranking, or at any time during the evaluation process, or at any duly noticed City Commission Meeting where selection and award is made. All materials submitted in response to this Request for Proposals become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any Proposal or responses to the RFP, whether amended or not, and selection or rejection of Proposal does not affect this right. The City Commission shall make the final determination and award of the Project to the selected Proposer(s) based on their Proposal(s), 21 RFP No. 2024-XX Section 1 Page 16 of 18 subject to negotiation and approval of Agreements. All costs of preparing the Proposal and participating in the RFP shall be borne by each Proposer. 1.10.CODE OF ETHICS PROVISIONS. 1.10.1. Cone of Silence. The provisions of City’s Cone of Silence are applicable to this RFP. The City’s Cone of Silence provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov The Cone of Silence as used herein means a prohibition of any communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or invitation/request for Proposal, between a potential vendor, service provider, proposer or Proposer (hereinafter referred to as the "potential Proposer"), or agent, representative, lobbyist or consultant for the potential Proposer; (hereinafter referred to as the "Proposer's representative"); and (i) Members of the City Commission; or (ii) City's professional staff; or (iii)Any member of the City's selection, evaluation or negotiation committee. The provisions of the Cone of Silence shall not apply to: (i) Communications at a duly noticed pre-Proposal conferences or at any duly noticed public selection or negotiation committee meeting or duly noticed public City commission meeting at which the City Manager has placed the subject of the solicitation on the agenda; (ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in F.S. § 286.0113; (iii)Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion ofthe selection or negotiation committee meetings; (iv)Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City clerk by the potential Proposer or Proposer's representative. The City clerk shall make copies available to any person upon request; 22 RFP No. 2024-XX Section 1 Page 17 of 18 (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's purchasing agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (vi)Communications with the City attorney and his or her staff; (vii)Communications during any duly noticed site visits to determine the competency and responsibleness ofProposers regarding a particular Proposalduring the time period between the opening of proposals and the time the City Manager makes a written recommendation; (viii)Any emergency procurement of goods or services pursuant to City code; (ix) Responses to a request made by the City's purchasing agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (x) Communications prior to Proposal opening between City's professional staff and potential Proposers and/or Proposer's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential Proposers and/or Proposer's representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. 1.10.2. Lobbying Prohibited. All potential Proposers and their agents who intend to submit, or who submitted, a Proposal or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for City Commissioner, or any employee of the City in connection with this solicitation. The term "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5(c)(9), of the City Code of Ordinances and completing 23 RFP No. 2024-XX Section 1 Page 18 of 18 Attachment B to this RFP. Any person who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. All Proposers are strongly encouraged to review Section 8A-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk. END OF SECTION 1 24 RFP No. 2024-XX Section 2 Page 1 of 7 SECTION 2. SCOPE OF REDEVELOPMENT 2.1.PROJECT BACKGROUND AND DEVELOPMENT GOALS The City of South Miami (the “City”) is centrally located in Miami-Dade County and is closely located to important countywide resources, including the South Miami Metrorail Station, South Miami Hospital, Sunset Place, the University of Miami, and other major commercial and governmental assets. In order to revitalize the City’s downtown area, the City is seeking qualifications from experienced Proposers that are able and willing to redevelop South Miami City Hall with a profitable, large-scale, multi-component, first-class mixed-use development (the “Project”) at the approximately 176,300 - 295,455 square foot property located at 6130 Sunset Drive (the “Project Site”). The City’s primary objective in connection with the Project Site is to facilitate the development and construction of the Civic Improvements (as hereinafter defined) and the Developer Improvements (as hereinafter defined) on the Project Site (and/or City approved alternate sites) as part of a harmonious first-class mixed-use development. The Proposer or an affiliate thereof (hereinafter, the “Developer”) shall be responsible for the design and construction of the Civic Improvements and the Developer Improvements pursuant to arrangements to be identified by the Proposer in its submittal in response to the RFP that reflect a transaction structure acceptable to the City. Each Proposer is encouraged to propose such a transaction structure as it believes shall best help the City achieve its goal of financing the construction of the Civic Improvements in such a manner that shall eliminate or minimize the cash outlay by the City for the construction of the Civic Improvements. By way of example, one potential transaction structure could involve a master development agreement(s) and/or one or more ground leases and/or subleases for each component use or phase, including the Civic Improvements and Developer Improvements with a rent structure for parcels that include Developer Improvements. For purposes hereof, the following terms shall have the following meanings: “Civic Improvements” shall mean, collectively, (i) a new City Hall building containing not less than 30,000 square feet of space, (ii) a new police station containing not less than 25,000 square feet of space, (iii) a Miami-Dade County Public Library containing not less than 15,000 square feet of space; and (iv) Jean Willis Park, if relocation of the park is proposed. “Developer Improvements” shall mean all improvements that are not Civic Improvements, including such commercial, multifamily and office improvements to be constructed on the Project Site. “Project Improvements” shall mean the Civic Improvements and Developer Improvements collectively. Specifically, the City is seeking proposals by proposers that possess the technical expertise, experience, financial capacity, and such other qualifications necessary, to implement the Project consisting of the following components: A. Civic Improvements. Develop the Project and identify Civic Improvements which shall include a new (1) City Hall that is at least 30,000 square feet, (2) City Police 25 RFP No. 2024-XX Section 1 Page 2 of 7 Station that is at least 25,000 square feet, (3) Miami-Dade County Public Library that is at least 15,000 square feet in size and within 0.25 miles of the South Miami Metrorail Station, and (4) a 27,500 square foot park component in the current location of Jean Willis Park or at an alternate location on the Project Site.. Note that Successful Proposers must be aware of the restrictions and requirements of the Interlocal Agreement between the City and Miami-Dade County governing the redevelopment or relocation of the Miami-Dade County Public Library currently located on the Project Site. Alternate development locations of the City Hall, City Police Station and Park Site components are subject to approval by the City, in its sole discretion. The same alternate location for the Miami-Dade County Library may also be proposed, provided that the proposed location is within 0.25 miles of the South Miami Metrorail Station and Miami Dade- County and the City approve the proposed location, which approval shall be at the sole discretion of Miami-Dade County and the City. B. Developer Improvements. Construction of a first-class mixed-use development on the Project Site that incorporates transit-oriented development principles to build upon the transit and civic infrastructure of the area. In addition to the required components in Sec. 2.1 above, the mix of uses to be featured may include, but is not limited to, residential, workforce housing, retail, office, medical, lodging, and other land uses. In determining what mix of uses to propose, developers are encouraged to consider the highest and best use for the Project and the feasibility of uses under prevailing market conditions. C. Parking. Provide parking, which should be designed to accommodate a minimum of 90 parking spaces for City Hall, 60 parking spaces for the City Police Station, and 39 parking spaces for the Miami-Dade County Public Library, on the same site as the Civic Improvements. . Sufficient parking necessary to support the Developer Improvements, including residential, workforce housing, retail, office, medical, lodging, and other land use components proposed for the Project shall also be provided in accordance with the City’s land development regulation requirements. Parking provided to support non- governmental Developer Improvements may be adjusted based on the proximity to existing mass transit assets. D. Preserve the historic Sylva Martin Building or historic features of the building. Proposers may incorporate and preserve the historic Sylva Martin Building or historic features of the building into the overall development scheme or provide for the safe and secure relocation of the building to a suitable location, subject to the consent and approval of the City in its sole discretion. E. Provide competitive revenue streams to the City in the form of ground lease payments, revenue sharing arrangements, or other compensation structures or benefits. Additional parcels may be incorporated into the overall development of the Project in order to maximize available revenue streams to the City. F. Improve transit connections to the Project Site, especially by improving site accessibility to the South Miami Metrorail Station. Additional parcels of property that are contiguous to the Project Site or which connect the Project Site to the South Miami Metrorail Station may be incorporated into the overall development of the Project to improve transit connections. 26 RFP No. 2024-XX Section 1 Page 3 of 7 G.A Park site of at least 27,500 square feet shall be provided on the Project Site. Relocation of the existing Jean Willis Park currently located on property designated as Property Folio No. 09-4036-025-0170 may be proposed provided the location of the Park remains within 0.25 miles of its current location and remains contiguous with the City Hall Project Site, and subject to the approval of the City in its sole discretion. 2.2.PROJECT SITE The City Hall Site consists of two (2) parcels located at 6130 Sunset Drive (Property Folio Nos. 09-4036-025-0170 and 09-4036-000-0030). The Miami-Dade County Library parcel (09-4036- 026-0031) is also a part of the Project Site, subject to Miami-Dade County and the City entering into an interlocal agreement. The parcels are graphically depicted below. The Project Site land area (including the MDC library parcel) is 195,455 square feet. The future land use map designation of the property is Public and Institutional and the property is zoned Public/Institutional. Land Use Public and Institutional Zoning Public/Institutional Site Square Footage 195,455 Acreage 4.48 The City Commission is currently contemplating changes to the future land use and zoning that would render the Project Site Transit Supportive Development District (TSDD) –Core, which 27 RFP No. 2024-XX Section 1 Page 4 of 7 would permit a base height of eight (8) stories with bonuses to allow a total of 14 or more stories, and a residential density of 150 units per acre. Please note, that although the City Commission is contemplating these changes, the Successful Proposer(s) shall ultimately be solely responsible for receiving all development approvals necessary for the development of the Project, including rezoning of the property and seeking an amendment to the current future land use map (FLUM) designation. The Successful Proposer(s) may seek to vacate a portion of 61st Court adjacent to the City parcels. The Project Site identified above represents the parcels of property owned by the City and/or Miami-Dade County. However, the City shall provide preference to those Proposers that demonstrate experience in combining contiguous or connected properties as part of an overall development proposal. Proposers with experience improving access to nearby transit resources shall also be provided preference. 2.3.PROJECT OVERVIEW Successful Proposer(s) who have executed a development agreement or contract with the City (hereafter “Selected Proposer(s)”) shall be responsible for all aspects related to and payment of all expenses associated with the planning, design, construction, maintenance, and operation of the proposed development at the Project Site. Accordingly, the Selected Proposer shall provide all aspects of the Project, , including but not limited to: a. Overseeing all aspects of the design and construction of the Project at the Project Site, including the development of the Civic Improvements and the Developer Improvements, and all public facilities, infrastructure, utilities and common areas. b. Securing all financing as required by the Agreement(s) to be awarded if selected and payment of all costs related to the planning, design, construction, and maintenance and operation of the proposed development, including any monetary contributions that may be necessary to defray costs associated with the lease of the Project Site. Proposed financing for the Project shall not allow for the cross-collateralization or cross-defaulting with any other property, project, or other assets. c. Improving connectivity to major transit assets, especially South Miami Metrorail Station. Contiguous properties or properties connected to the Project Site may be incorporated to improve connectivity to mass transit assets. d. Combining contiguous properties to provide for a more expansive Project development at the Project Site. e. Developing competitive revenue streams for the City in the form of lease payments, revenue sharing, or other compensation structure or benefits. f. Obtaining certified, insured, experienced and reputable architectural, engineering, and construction services including a general contractor, project manager and subcontractors for the Project. g. Duly applying for, obtaining and maintaining any and all permits, licenses, easements, property rights and approvals, necessary prior to and after construction. Required 28 RFP No. 2024-XX Section 1 Page 5 of 7 development approvals may include, but are not limited to, rezoning of the Project Site and seeking a Future Land Use Map (FLUM) amendment to the Project Site’s existing FLUM designation. h. Platting of the Project Site, if necessary. i. Paying all development fees imposed in connection with the development of the Project. j. Implementing all off-site public improvements and/or infrastructure required for development of the Project Site (streets, street widening, streetlights, sidewalks, water/sewer infrastructure, utilities, landscaping, etc.) will be the responsibility of the Selected Proposer(s). k. Incorporating and preserving the historic Sylva Martin Building into the overall development scheme or providing for relocation of the building to a suitable location, subject to the consent and approval of the City. l. Extending, relocating and/or upgrading all utilities, including utilities serving existing City facilities, or connecting new utilities, if necessary. m. Altering, relocating, or replacing any City and/or private facilities, either temporarily or permanently, and implementing any measures required to maintain City and/or private operations ongoing with minimal disruption during development, at the sole cost of the Selected Developer(s). n. Submitting plan(s) to mitigate any disruption to City, other public and/or private operations and/or impacts to City, public and/or private facilities. The plan(s) must be approved in writing by the City prior to commencement of any work that may impact City or private operations and/or facilities. Any damage or impacts to City, public, and/or private systems, facilities, or operations resulting from activities undertaken or authorized by the Selected Proposer(s) must be immediately remediated at the Selected Proposer(s) s sole expense. If required by the City, the Selected Proposer(s)must prepare and submit a mitigation and remediation plan. The plan must receive the written approval of the City and be executed by the Selected Proposer(s). o. Certain activities which may potentially impact City facilities and/or operations may require that City employees or representatives monitor and coordinate such activities. Accordingly, the Selected Proposer(s) shall be responsible for covering all costs incurred as a result of such activities, including payment for costs incurred by the City in providing County employees or representatives to monitor and coordinate the activities. p. Conducting environmental review and assessments required by any authority having jurisdiction over such matters including any and all studies and analyses required for such review and assessments and for any remediation of the Site if required, at its sole expense of the Selected Proposer(s). q. Filing of Development Agreement or any other agreements awarded at the conclusion of this procurement process, including payment of all recording fees. 29 RFP No. 2024-XX Section 1 Page 6 of 7 r. Paying any and all taxes associated with the development of the Project Site, including but not limited to, ad valorem real estate taxes, that may be associated with the Project and/or the Developer Improvements. s. Submitting monthly status reports to the City regarding the Project development upon award of Agreement(s). Frequency, subject matter and details covered in status reports will be determined by the City and may be changed at any time at the discretion of the City. t. Commencing and completing construction of the Project in a timely manner in accordance with the Agreement(s) or contract(s) to be awarded and all applicable rules, regulations, ordinances, and standards required by the City and any other applicable regulatory agency. u. Prior to construction, ensuring that the Selected Proposer(s)’ designated Project Manager, Contractors and/or Subcontractors, and any other employees and/or representatives of the Selected Proposer(s) as the City may require, meet with City staff to provide relevant information and to coordinate construction related activities. Upon commencement of construction, such meetings will be required as frequently as deemed appropriate by the City. v. Participating in community outreach activities as requested by the City. w. Obtaining bonding and/or guarantees or assurances of completion as required by law and as acceptable to the City. x. Obtaining all insurance coverages as required by the City. y. Applying for and obtaining any zoning changes and/or any other land use planning changes and/or waivers from the appropriate agency having jurisdiction. (The City does not make or offer any representation or warranty that any such requested changes will be granted.); z. Obtaining any and all access permits from the state, county, City and/or any authority having such jurisdiction. aa. Vacating and/or obtaining appropriate releases of easements, rights-of-way, or any other encumbrance to enable development of the Project Site. 2.3.1.The Project Site is being offered for development on an “as is” basis. The Proposer is solely responsible for completing a comprehensive due diligence process regarding the condition and suitability of the Project Site for development. . The City disclaims all responsibility and liability for the completeness or accuracy of any information that it provides. 2.3.2.The City does not make any type of representation or warranty, whatsoever, regarding the condition of the Project Site, its suitability for the uses contemplated by this RFP. . The Selected Proposer(s) shall be solely responsible for obtaining all such approvals and permits and for resolving any objections to the proposed uses, regardless of the source of such objections. Required development approvals may 30 RFP No. 2024-XX Section 1 Page 7 of 7 include, but are not limited to, rezoning of the Property and seeking a Future Land Use Map (FLUM) amendment to the Property’s existing FLUM designation. The City does not guarantee or represent, in any way, that it will provide support or assistance to the Selected Proposer(s) in obtaining development approvals or permits or resolving objections to the proposed uses, including but not limited to, objections to such uses by community organizations, community activists, elected City officials or officials charged with issuing such approvals and permits. END OF SECTION 2 31 RFP No. 2024-XX Section 3 Page 1 of 1 SECTION 3 PROPOSAL FORM PACKAGE As provided in the RFP, the following items must be attached to this Proposal: FORMS STATUS Form 1 – Proposal Form Package Acknowledgement  Form 2. Proposal Guaranty/Proposal Bond  Form 3. Cost Recovery Agreement  32 RFP No. 2024-XX Section 3 – Form 1 –Page 1 of 2 FORM 1 PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Request for Proposals, RFP No. 2024-XX. I agree that my Proposal will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Proposal. I certify that all information contained in this Proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Proposal on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement(s). I further certify, under oath, that this Proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Proposal; no officer, employee or agent of the City of South Miami or any other Proposer has an interest in said Proposal. Furthermore, I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Proposer acknowledges receipt of all Addenda issued by the City in connection with the RFP (Check the box next to each addendum received). ______ Addendum 1 Addendum 6 ______ Addendum 2 Addendum 7 ______ Addendum 3 Addendum 8 ______ Addendum 4 Addendum 9 _______ Addendum 5 Addendum 10 Attached hereto are the following forms/documents which form a part of this Proposal: Form 1.Proposal Form Package Acknowledgement. Form 2.Proposal Guaranty Form 3.Cost Recovery Agreement 33 RFP No. 2024-XX Section 3 – Form 1 –Page 2 of 2 FORM 1 PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF PROPOSER FIRM ____________________________________________ SIGNATURE OF PROPOSER ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 34 RFP No. 2024-XX Section 3 – Form 2 –Page 2 of 2 FORM 2 PROPOSAL GUARANTY KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and Proposer, and hereinafter called Surety, are held and firmly bound unto the City of South Miami (hereinafter, the “City”), a municipality within the State of Florida, and represented by its City Manager, for payment in the sum of FIFTY THOUSAND DOLLARS ($50,000.00)lawful money of the United States of America, which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Principal contemplates submitting or has submitted a Proposal to the City for the redevelopment of the City Hall property located at 6130 Sunset Drive, South Miami, Florida 33143, with a profitable, large-scale, first-class multi-component, mixed-use development featuring a new municipal complex, which is described in further detail in the Proposal and solicitation, entitled: REQUEST FOR PROPOSALS (RFP) NO. 2024-XX SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT The Principal and Surety agree that the penal sum of the Proposal Guaranty is a liquidated damage reasonably estimated to compensate the City for damages suffered as a result of the Principal’s default, including, but not limited to, any damages resulting from delays and re-procurement costs. Default of the Principal shall occur in the event that the Principal withdraws his or her Proposal within 180 days after opening of proposals (or any extension thereof agreed to in writing by the Principal and the City); or, after proper notification of award and intent to negotiate and/or enter into such contract(s) from the City, fails to comply with all pre-award requirements set forth in the RFP, and on that basis fails to enter into a written contract(s) with the City. Payment under this Proposal Guaranty shall be due and payable to the City upon the default of the Principal and within 30 days after receipt by the Principal and Surety of written notice of default from the City, which notice shall be given with reasonable promptness, identifying this Proposal Guaranty and the South Miami City Hall Redevelopment Project. [SIGNATURE PAGE FOLLOWS] 35 RFP No. 2024-XX Section 3 – Form 2 –Page 2 of 2 IN WITNESS WHEREOF, the said as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as Surety herein, has caused these presents to be signed in its name by its and attested in its name by its under its corporate seal, this day of , 20___. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Principal/Firm: In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Attorney-In-Fact: (Power of Attorney to be attached) Witness #2 Print Name: Resident Agent 36 RFP No. 2024-XX Section 3 – Form 3 –Page 1 of 1 FORM 3 COST RECOVERY AGREEMENT Proposer acknowledges and agrees that they shall submit a $7,500 cost recovery deposit with its proposal and that such cost recovery deposit is non-refundable. Proposer further acknowledges and agrees that, if selected for award by the City Commission, it shall be required to submit an additional cost recovery deposit in an amount to be determined by the City Manager, but in no event less than $50,000, to be applied to the City’s costs incurred in connection with implementing the award. Such cost recovery deposit shall be due prior to negotiations and shall be replenished as necessary. IN WITNESS WHEREOF, the said as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, has caused these presents to be signed in its name by its and attested in its name by its under its corporate seal, this day of , 20___. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Principal/Firm: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification:) Did take an oath; or Did not take an oath 37 RFP No. 2024-XX Section 4 Page 1 of 5 SECTION 4. TERMS AND CONDITIONS 4.1.PURPOSE OF PROPOSAL. The City requests proposals from qualified firms for the South Miami City Hall Redevelopment Project (the “Project”), which Project includes the redevelopment and operation of a profitable, large-scale, multi-component, and first-class mixed-use development featuring a new municipal complex, as further detailed in the Scope of Services provided in Section 2 herein. 4.2.PROPOSAL COSTS. Proposers submitting Proposal do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Proposals, providing additional information when requested by the City, or for participating in any selection interviews or oral presentations. 4.3.LICENSES AND PERMITS. Proposer shall secure any and all necessary and required licenses, certifications and permits to implement the Project, including, but not limited to, all Federal, State, County and City licenses and permits. All Proposers must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements. By submitting a Proposal in response to this RFP, Proposer represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to implement the Project. Proposer represents and warrants to the City that the Licenses shall be in full force and effect on the date of performance and further represents that it holds and will hold all Licenses throughout the term of the Agreement(s). Proposer shall provide the City with copies of all Licenses and any additional permits that may be required for implementation of the Project with its Proposal and during the term of the Agreement. Where the Proposer is required to enter onto City property, public rights-of-way or other property to deliver equipment or to perform work as a result of a Proposal award, the Proposer will assume the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and insurance required. The Proposer shall be liable for any damages or loss to the City property, or other property or persons, occasioned by the acts or omissions, or the negligence of the Proposer (or their agent) or any person the Proposer has designated in the performance of the work, as a result of the Proposal. 4.4.INSURANCE. 4.4.1.If selected, the Proposer shall secure and maintain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the 38 RFP No. 2024-XX Section 4 Page 2 of 5 Proposer’s insurance and shall not contribute to the Proposer’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Proposer’s actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Proposer shall provide a waiver of subrogation for the benefit of the City. The Proposer shall be responsible for assuring that the insurance policies and certificates required by this Section remain in full force and effect for the duration of the Agreement(s). 4.4.1.1.Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Proposer or its contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 4.4.1.2.Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Proposer or its contractor shall be allowed to provide any services pursuant to this RFP who is not covered by Worker’s Compensation insurance. 4.4.1.3.Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 4.4.1.4.Professional Liability Insurance in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, single limit. 4.4.2.The Proposer agrees to indemnify, defend and hold harmless the City from and against any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily injuries and/or property damage which arise or grow out of the Agreement or this RFP. 4.4.3.The Proposer shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of Contractor's timely payment of each insurance policy premium as required by the Agreement. 4.4.4.THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE AND/OR ADDITIONAL COVERAGES IF DEEMED NECESSARY. 39 RFP No. 2024-XX Section 4 Page 3 of 5 4.5.BONDS. The selected Proposer must, prior to performing any portion of the Project and within three (3) days of the Effective Date of the Construction Contract, deliver to the City the Bonds required to be provided by Proposer hereunder and the Construction Contract (collectively, the “Bonds”). The City, in its sole and exclusive discretion, may also require other bonds or security, in order to guaranty that the awarded contract with the City will be fully and appropriately performed and completed. The surety providing such Bonds must be licensed, authorized, and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be included in the contract price. If notice of any change affecting the scope of services/work, the contract price, contract time, or any of the provisions of the Construction Contract is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be the selected Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the selected Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to the City. 4.5.1.Performance Bond.If this provision is selected, the selected Proposer must deliver to the City a performance bond in an amount equal to 100 percent of the price specified in the contract. The performance bond shall provide that the bonding company will complete the project if the selected Proposer defaults on the contract with the City by failing to perform the contract in the time and manner provided for in the contract. 4.5.2.Payment Bond.If this provision is selected, the selected Proposer must deliver to the City a payment bond in an amount equal to 100 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the selected Proposer and the City if the selected Proposer fails to make any required payments only. 4.5.3.Additional Bonds, Security or Guarantees. The City, in its sole and absolute discretion, reserves the right to require additional forms of security for all obligations under the Agreement(s), including additional bonds, security, and/or guarantees of performance and payment, and as may be required by any lender providing financing for the Project. 4.6.COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Proposer shall conduct its operations in compliance with all applicable federal, State, County and City laws and regulations in providing the services for the Project required by this RFP. 4.7.ASSIGNMENT. The Proposer shall not transfer or assign the performance of its obligations for the Project required by this RFP and the Agreement(s) without the City’s prior written consent. Any award issued pursuant to this RFP and monies which may be payable by the City, are not assignable except with the City’s prior written approval. 40 RFP No. 2024-XX Section 4 Page 4 of 5 4.8.ATTORNEY’S FEES. If the City incurs any expense in enforcing the terms of the Agreement(s), whether suit be brought or not, the Proposer agrees to pay all such costs and expenses including, but not limited to, court costs, interest and reasonable attorney’s fees. 4.9.PROPOSER’S RELATION TO THE CITY. It is expressly agreed and understood that the Proposer is in all respects an independent contractor as to all aspects of the Project hereunder, and that the Proposer is in no respect an agent, servant or employee of the City. This RFP specifies the work and servicesto be performed by the Proposer for the Project, but the method to be employed to accomplish the work or services shall be the responsibility of the Proposer, unless otherwise provided in the Agreement(s) or by the City. 4.10.DISCRIMINATORY PRACTICES. The Proposer and its contractors shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Proposer will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 4.11.CANCELLATION. Failure on the part of the Proposer and its contractors to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the Proposer holding the City harmless. 4.12.INDEMNIFICATION. The Proposer shall indemnify, save harmless and defend the City, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, error, omission, negligent act, conduct or misconduct of the Proposer, its agents, servants or employees, in connection with all aspects of the Project pursuant to this RFP and/or from any procurement decision of the City including without limitation, awarding the Agreement(s) to a Proposer. 4.13.MULTIPLE /OTHER VENDORS. The City reserves the right to select and award multiple Proposers to provide one, some or all of the Project. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 4.14.PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287.133(3)(a), Florida Statute, all Proposers are advised as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to 41 RFP No. 2024-XX Section 4 Page 5 of 5 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 and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” 4.15.NO CONTINGENCY FEE. Proposer shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure the Agreement(s) and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making the Agreement(s). For the breach or violation of this provision, the City shall have the right to terminate the Agreement(s), without liability, at its discretion. 4.16.PUBLIC RECORDS; CONFIDENTIALITY. Proposers are hereby notified that all information submitted as part of or in support of Proposal submitted pursuant to this RFP are public records subject to public disclosure in accordance with Chapter 119, Florida Statutes, unless specifically exempted under State Law. If there is any apparent conflict between Florida’s Public Records Law and this RFP, Florida Law will govern and prevail. All Proposals submitted in response to this RFP shall become the property of the City. Unless the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Proposal in its best interest. Acceptance or rejection of any Proposal shall not nullify the City’s rights hereunder. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. 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 SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records:Nkenga “Nikki” Payne, CMC, FCRM Mailing address:6130 Sunset Drive South Miami, FL 33143 Telephone number:305-663-6340 Email:NPayne@southmiamifl.gov END OF SECTION 4 42 RFP No. 2024-XX Exhibit “A” Page 1 of 1 EXHIBIT “A” List of Potential Agreements 1. Ground Lease Agreement(s) 2. Master Development Agreement 3. Covenant in Lieu of Unity of Title 4. Easement and Operating Agreement(s) 5. Maintenance and Operation Agreement(s) 43 RFP No. 2024-XX Exhibit “B” Page 1 of 5 EXHIBIT “B” FORM OF PAYMENT AND PERFORMANCE BONDS PAYMENT BOND BY THIS BOND, we, , as Principal, (the “Contractor”) and , as Surety, are bound to the City of South Miami (the “City”), as Obligee, in the amount of Dollars ($) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract pursuant to RFP No. 2024-XX, which was awarded on , 2024, pursuant to Resolution No. , with the City, which contract documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated and other damages, and for the purpose of this Bond are referred to as the “Contract.” NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND/OBLIGATION are that if Contractor shall promptly make payment to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. Aclaimantis definedasanypersonsupplyingthePrincipalwithlabor,materialandsupplies, useddirectlyorindirectlybythesaidPrincipaloranysubcontractorin theprosecutionofthe workprovidedforinsaidContract,andisfurtherdefinedinSection255.05(1)oftheFlorida Statutes; and 2. TheabovenamedPrincipalandSuretyherebyjointlyandseverallyagreewiththeOwnerthat every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies bysuch claimant, maysue on this Bond for the use of such claimant, prosecutethesuit to finaljudgmentforsuchsum or sums asmaybejustlydueclaimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of anysuch suit; and 3. No suit or action shall be commenced hereunder byany claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days afterbeginning to furnish labor, materialsor supplies for theprosecutionofthework,furnishthePrincipalwithanoticethatheintendstolook to this bond for protection; b. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore; c. Afterthe expiration of one (1) yearfrom the performanceofthe labororcompletion of delivery of the materials and supplies; it being understood, however, that if any 44 RFP No. 2024-XX Exhibit “B” Page 2 of 5 limitation embodied in this Bond is prohibited by any law controlling the constructionhereofsuchlimitationsshallbedeemedto beamendedsoastobeequal to the minimum period of limitation permitted bysuch law; d. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, orin the UnitedStatesDistrictCourt forthedistrict in whichtheproject,or any part thereof, is situated, and not elsewhere. 4. ThePrincipalandtheSuretyjointlyandseverally,shall repaytheOwneranysum whichthe Owner maybe compelled to paybecauseof anylien forlabor or materials furnished forany work included in or provided bysaid Contract. 5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications applicable thereto shall in anywayaffect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterationsoforadditiontothetermsoftheContract,ortotheworkortotheSpecifications. 6. The Suretyrepresents and warrants to the Ownerthattheyhave a Best's KeyRating Guide General Policyholder's rating of "" and Financial Category of "Class ”. IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 2024, A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: If Sole Ownership or Partnership, two (2) Witnesses Required; If Corporation, Secretary Only will attest and affix seal. FOR THE CONTRACTOR: WITNESS: Secretary Name of Corporation By: (Affix Corporate Seal)Print Name: Title: FOR THE SURETY: WITNESS: Agent and Attorney-in-Fact Print Name: Title: Address: Telephone: 45 RFP No. 2024-XX Exhibit “B” Page 3 of 5 CERTIFICATE AS TO CORPORATE PRINCIPAL I,, certify that I am the Secretary of the Corporation named as Principal in the within Bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his/her signature, and his/her signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. (Affix Corporate Seal) Corporate Secretary In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Firm: State of Florida County of Before me, a Notary Public, duly commissioned, qualified and acting, appeared by means of physical presence or online notarization who being byme first dulysworn upon oath, says that s/he is the Attorney-in-Fact,forthe and thats/hehasbeenauthorizedby to execute the foregoing bond onbehalf of the Contractor named therein in favor of the City of Miami Springs, Florida Sworn and subscribed to before me this day of , 20 . Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath (Attach Power of Attorney) 46 RFP No. 2024-XX Exhibit “B” Page 4 of 5 PERFORMANCE BOND BY THIS BOND, we, , as Principal, (the “Contractor”) and , as Surety, are bound to the City of South Miami (the “City”), as Obligee, in the amount of Dollars ($) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into Contract RFP No. 2024- XX, awarded on , 2024, pursuant to Resolution No. , with the City, which contract documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated and other damages, and for the purpose of this Bond are referred to as the “Contract.” NOW, THEREFORE, THE CONDITION OF THIS PERFORMANCE BOND is that if Contractor: 7. Performs the Contract between Contractor and City for the services defined in the Contract, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 8. Pays the City all losses, damages, liquidated damages, expenses, costs, and any and all attorney’s fees, including for appellate proceedings, that the City sustains as a result of default by Contractor under the Contract; and 9. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, THEN THIS BOND WILL BE VOID. OTHERWISE, IT WILL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 10. Whenever Contractor is, and declared by the City to be, in default under the Contract, the City having performed the City’s obligations, the Surety may promptly remedy the default or will promptly: a. Complete the services defined in the Contract in accordance with the terms and conditions of the Contract; or b. Obtain a Proposal or proposals for completing the services defined in the Contract in accordance with the terms and conditions of the Contract, and upon determination by Surety of the Responsible Proposer, or if the City elects, upon determination by the City and Surety jointly of the Responsible Proposer, arrange for a contract between such Proposer and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the Contract Price,” as used in this paragraph, will mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor. 47 RFP No. 2024-XX Exhibit “B” Page 5 of 5 IT IS FURTHER AGREED THAT no right of action will accrue on this Bond to or for the use of any person or corporation other than the City; and IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety’s obligations under this Bond. Signed and sealed this day of , 20 . FOR THE CONTRACTOR: WITNESS: Secretary Name of Corporation By: (Affix Corporate Seal)Print Name: Title: FOR THE SURETY: WITNESS: Agent and Attorney-in-Fact Print Name: Title: Address: Telephone: 48