HomeMy WebLinkAboutR-2019-063 City Authorizing the City Manager to Enter into a ''Piggyback'' Agreement for Real Estate Brokerage & Lease Management Services w/ Colliers International South Florida, LLC and the City RESOLUTION NO. 2019-063
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A "PIGGYBACK" AGREEMENT FOR REAL ESTATE BROKERAGE
AND LEASE MANAGEMENT SERVICES WITH COLLIERS
INTERNATIONAL SOUTH FLORIDA, LLC AND THE CITY OF DANIA
BEACH, FLORIDA ("CITY"); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2014 the City Commission unanimously adopted the Dania Beach Ocean
Park Master Plan to determine future capital improvements, amenities, and opportunities for the
Dania Beach Ocean Park to better serve the public and residents of Dania Beach; and
WHEREAS, on June 11, 2019, the City Commission by consensus unanimously agreed
to pursue a solicitation for the development of a new beach grill restaurant and adaptive reuse of
the existing beach grill building for concessionaire use; and
WHEREAS, the City of Fort Lauderdale, Florida and one of its vendors have given
permission to the City of Dania Beach to utilize available pricing under Bid 975-11940 Real
Estate Brokerage Services dated April 7, 2017, awarded to Colliers International South Florida,
LLC ("Colliers International") for which the contract has been renewed effective September 1,
2018 through August 31, 2019, a copy of which is attached as Exhibit "A" and which is made a
part of and is incorporated into this Resolution by this reference; and
WHEREAS, in furtherance of the advancement of the Dania Beach Ocean Park Master
Plan the City finds it is in its best interest to enter into a "piggyback" agreement with Colliers
International for Real Estate Brokerage and Lease Management Services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That the City Manager is authorized to execute an agreement with Colliers
International and the City of Dania Beach, Florida (the "City") to provide real estate brokerage
and lease management services; an Agreement is attached as Exhibit"B", and it is made a part of
and is incorporated into this Resolution by this reference.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the related documents which are deemed necessary and proper and in the best
interest of the City.
Section 4. That the Brokerage Agreement provides that all Brokerage Commissions
(as such term is defined in the Brokerage Agreement) are to be paid by the Buyer or the Lessee
(as such terms are defined in the Brokerage Agreement), as applicable, and all Management Fees
shall be paid by the Lessee. No Brokerage Commissions, Management Fees or any other kind of
fees shall be due from the City under the Brokerage Agreement.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6. That this Resolution shall take effect immediately upon its passage and
adoption.
PASSED and ADOPTED on June 25, 2019.
ATTEST:
THOMAS SCHNEIDER, CMC LLEN
CITY CLERK �.t�. �pd` MAYOR
4et/SHE��'
APPROVED AS O RM AND CORRECTNESS:
THO S Y. A S RO
CITY ATTORNEY
2 RESOLUTION 2019-063
City of Fort Lauderdale Bid 975-11940
Solicitation 975-11940
Real Estate Brokerage Services
Bid Designation: Public
OITY OF FART LAUDERDALE
City of Fort Lauderdale
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City of Fort Lauderdale Bid 975-11940
Bid 975-11940
Real Estate Brokerage Services
Bid Number 975-11940
Bid Title Real Estate Brokerage Services
Bid Start Date Apr 7, 2017 4:46:25 PM EDT
Bid End Date May 1, 2017 2:00:00 PM EDT
Question&Answer
End Date Apr 24, 2017 5:00:00 PM EDT
Bid Contact Hendry J Lopez
Procurement Specialist I
Finance / Procurement
hlopez@fortlauderdale.gov
Pre-Bid Conference Apr 13, 2017 12:00:00 PM EDT
Attendance is optional
Location: City of Fort Lauderdale- City Hall
100 N. Andrews Avenue
8th floor, Conference Room
Fort Lauderdale, FL 33301
Description
The City of Fort Lauderdale, Florida(City)is seeking qualified,experienced and licensed firm(s)to provide proposals for Real Estate
Brokerage Services for Citywide use, in accordance with the terms,conditions,and specifications contained in this Request for
Proposals(RFP).
All questions must be submitted in writing through the BidSync questions and answers section. BidSync will charge no fee on
awards made by the City of Fort Lauderdale.
All pricing should be identified on the Cost Proposal page provided in this RFP. No additional costs may be accepted,other than the
costs stated on the Cost Proposal page. Failure to use the City's Cost Proposal page and provide costs as requested in this RFP may
deem your proposal nonresponsive.
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City of Fort Lauderdale Bid 975-11940
City of Fort Lauderdale
Real Estate Brokerage Services
RFP # 975-11940
SECTION I —INTRODUCTION AND INFORMATION
1.1 Purpose
The City of Fort Lauderdale, Florida (City) is seeking qualified, experienced and licensed
firm(s) to provide Real Estate Brokerage Services for the City's Manger's Office, in
accordance with the terms, conditions, and specifications contained in this Request for
Proposals (RFP).
1.2 Submission Deadline
Sealed proposals shall be delivered during the City's normal business hours in a sealed
envelope and addressed to the City of Fort Lauderdale Procurement Services Division, 100 N.
Andrews Avenue, #619, Fort Lauderdale, FL 33301 (City Hall) no later than the date and time
specified, at which time and place the proposals will be publicly opened and the names of the
firms will be read. After the deadline, proposals will not be accepted. Firms are responsible for
making certain that their proposal is received at the location specified by the due date and
time. The City of Fort Lauderdale is not responsible for delays caused by any mail, package
or courier service, including the U.S. mail, or caused by any other occurrence or condition.
The City's normal business hours are Monday through Friday, 8:00 a.m. through 5:00 p.m.
excluding holidays observed by the City.
1.3 Pre-proposal Conference and Site Visit
There will be a pre-proposal conference and/or site visit scheduled for this Request for
Proposal. It is strongly suggested that all Contractors attend the pre-proposal conference
and/or site visit.
While attendance is not mandatory, meetings at other times will not be available. It is the sole
responsibility of the Contractor to become familiar with the scope of the City's requirements
and systems prior to submitting a proposal. No variation in price or conditions shall be
permitted based upon a claim of ignorance. It is strongly suggested that all Contractors attend
the pre-proposal meeting.
1.4 BidSync
The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive
solicitation process, including but not limited to soliciting proposals, issuing addenda, posting
results and issuing notification of an intended decision. There is no charge to register and
download the RFP from BidSync. Proposers are strongly encouraged to read the various
vendor Guides and Tutorials available in BidSync well in advance of their intention of
submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be
responsible for a Proposers inability to submit a Proposal by the end date and time for any
reason, including issues arising from the use of BidSync.
1.5 Point of Contact
For information concerning procedures for responding to this solicitation, contact Procurement
Specialist Hendry Lopez at (954) 828-5189 or email at hlopeza-fortlauderdale.gov. Such
contact shall be for clarification purposes only.
For information concerning technical specifications, please utilize the question / answer
feature provided by BidSync at www.bidsvnc.com. Questions of a material nature must be
received prior to the cut-off date specified in the RFP Schedule. Material changes, if any, to
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City of Fort Lauderdale Bid 975-11940
the scope of services or bidding procedures will only be transmitted by written addendum.
(See addendum section of BidSync Site). Contractors please note: Proposals shall be
submitted as stated in PART IV— Submittal Requirements. No part of your proposal can be
submitted via FAX. No variation in price or conditions shall be permitted based upon a claim
of ignorance. Submission of a proposal will be considered evidence that the Contractor has
familiarized themselves with the nature and extent of the work, and the equipment, materials,
and labor required. The entire proposal must be submitted in accordance with all
specifications contained in this solicitation. The questions and answers submitted in BidSync
shall become part of any contract that is created from this RFP.
END OF SECTION
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City of Fort Lauderdale Bid 975-11940
SECTION II -SPECIAL TERMS AND CONDITIONS
2.1 General Conditions
RFP General Conditions (Form G-107, Rev. 02/15) are included and made a part of this RFP.
2.2 Addenda, Changes, and Interpretations
It is the sole responsibility of each firm to notify the Buyer utilizing the question / answer
feature provided by BidSync and request modification or clarification of any ambiguity, conflict,
discrepancy, omission or other error discovered in this competitive solicitation. Requests for
clarification, modification, interpretation, or changes must be received prior to the Question
and Answer (Q & A) Deadline. Requests received after this date may not be addressed.
Questions and requests for information that would not materially affect the scope of services
to be performed or the solicitation process will be answered within the question / answer
feature provided by BidSync and shall be for clarification purposes only. Material changes, if
any, to the scope of services or the solicitation process will only be transmitted by official
written addendum issued by the City and uploaded to BidSync as a separate addendum to the
RFP. Under no circumstances shall an oral explanation given by any City official, officer, staff,
or agent be binding upon the City and should be disregarded. All addenda are a part of the
competitive solicitation documents and each firm will be bound by such addenda. It is the
responsibility of each to read and comprehend all addenda issued.
2.3 Changes and Alterations
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline;
however, no oral modifications will be allowed. Modifications shall not be allowed following the
Proposal deadline.
2.4 Proposees Costs
The City shall not be liable for any costs incurred by proposers in responding to this RFP.
2.5 Pricing
All pricing should be identified on the Cost Proposal page provided in this RFP. No
additional costs may be accepted, other than the costs stated on the Cost Proposal page.
Failure to use the City s Cost Proposal page and provide costs as requested in this RFP may
deem your proposal non-responsive.
Contractor must quote a firm, fixed price for all services stated in the RFP. All costs including
travel shall be included in your proposal. The City shall not accept any additional costs
including any travel associated with coming to the City of Fort Lauderdale.
Prices proposed shall be valid for at least One-Hundred and Twenty (120) days from time of
RFP opening unless otherwise extended and agreed upon by the City and proposer.
2.6 Invoices/Payment
Payment terms will be considered to be net 45 days after the date of satisfactory delivery at
the place of acceptance and receipt of correct invoice at the office specified, whichever occurs
last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer
cash discounts for prompt payment but they will not be considered in determination of award.
2.7 Related Expenses/Travel Expenses
All costs including travel are to be included in your proposal. The City will not accept any
additional costs.
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City of Fort Lauderdale Bid 975-11940
2.8 Payment Method
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor
of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for
checks to be printed and mailed. Payments will be made utilizing the City's P-Card
(MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card
payment or take whatever steps necessary to implement acceptance of a credit card before
the commencement of a contract. See Contract Payment Method form attached.
2.9 Mistakes
The consultant shall examine this RFP carefully. The submission of a Proposal shall be prima
facie evidence that the consultant has full knowledge of the scope, nature, and quality of the
work to be performed; the detailed requirements of the specifications; and the conditions
under which the work is to be performed. Ignorance of the requirements will not relieve the
consultant from liability and obligations under the Contract.
2.10 Acceptance of Proposals/ Minor Irregularities
2.10.1 The City reserves the right to accept or reject any or all proposals, part of proposals,
and to waive minor irregularities or variances to specifications contained in proposals
which do not make the proposal conditional in nature and minor irregularities in the
solicitation process. A minor irregularity shall be a variation from the solicitation that
does not affect the price of the contract or does not give a respondent an advantage or
benefit not enjoyed by other respondents, does not adversely impact the interests of
other firms or, does not affect the fundamental fairness of the solicitation process. The
City also reserves the right to reissue a Request for Proposal.
2.10.2 The City reserves the right to disqualify Proposer during any phase of the competitive
solicitation process and terminate for cause any resulting contract upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Proposer.
2.11 Modification of Services
2.11.1 While this contract is for services provided to the department referenced in this
Request for Proposals, the City may require similar work for other City departments.
Successful Proposer agrees to take on such work unless such work would not be
considered reasonable or become an undue burden to the Successful Proposer.
2.11.2 The City reserves the right to delete any portion of the work at any time without cause,
and if such right is exercised by the City, the total fee shall be reduced in the same
ratio as the estimated cost of the work deleted bears to the estimated cost of the
work originally planned. If work has already been accomplished and approved by the
City on any portion of a contract resulting from this RFP, the Successful Proposer shall
be paid for the work completed on the basis of the estimated percentage of
completion of such portion to the total project cost.
2.11.3 The City may require additional items or services of a similar nature, but not
specifically listed in the contract. The Successful Proposer agrees to provide such
items or services, and shall provide the City prices on such additional items or
services. If the price(s) offered are not acceptable to the City, and the situation
cannot be resolved to the satisfaction of the City, the City reserves the right to
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City of Fort Lauderdale Bid 975-11940
procure those items or services from other vendors, or to cancel the contract upon
giving the Successful Proposer thirty(30) days written notice.
2.11.4 If the Successful Proposer and the City agree on modifications or revisions to the
task elements, after the City has approved work to begin on a particular task or
project, and a budget has been established for that task or project, the Successful
Proposer will submit a revised budget to the City for approval prior to proceeding with
the work.
2.12 No Exclusive Contract
Proposer agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services from another vendor at the City's sole option.
2.13 Sample Contract Agreement
A sample of the formal agreement template, which may be required to be executed by the
awarded vendor can be found at our website
http://fortlauderdale.gov/purchasing/AWARDS/CONTRACT TEMPLATE SERVICES.pdf
2.14 Responsiveness
In order to be considered responsive to the solicitation, the firm's proposal shall fully conform
in all material respects to the solicitation and all of its requirements, including all form and
substance.
2.15 Responsibility
In order to be considered as a responsible firm, firm shall be fully capable to meet all of the
requirements of the solicitation and subsequent contract, must possess the full capability,
including financial and technical, to perform as contractually required, and must be able to
fully document the ability to provide good faith performance.
2.16 Minimum Qualifications
Proposers shall be in the business of Real Estate and must possess sufficient financial
support, equipment and organization to ensure that it can satisfactorily perform the services if
awarded a Contract. Proposers must demonstrate that they, or the key staff assigned to the
project, have successfully provided services with similar magnitude to those specified in the
scope of services to at least one entity similar in size and complexity to the City of Fort
Lauderdale or can demonstrate they have the experience with large scale private sector
clients and the managerial and financial ability to successfully perform the work.
Proposers shall satisfy each of the following requirements cited below. Failure to do so may
result in the proposal being deemed non-responsive.
2.16.1 Proposer or principals shall have relevant experience in Real Estate and Brokerage
services. Project manager assigned to the work must have experience as a real estate
agent and/or broker and have served as project manager on similar projects.
2.16.2 Before awarding a contract, the City reserves the right to require that a Proposer
submit such evidence of qualifications as the City may deem necessary. Further, the
City may consider any evidence of the financial, technical, and other qualifications and
abilities of a firm or principals, including previous experiences of same with the City
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City of Fort Lauderdale Bid 975-11940
and performance evaluation for services, in making the award in the best interest of
the City.
2.16.3 Firm or principals shall have no record of judgments, pending lawsuits against the City
or criminal activities involving moral turpitude and not have any conflicts of interest that
have not been waived by the City Commission.
2.16.4 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of
any debt or contract involving the City, (as a party to a contract, or otherwise); nor
have failed to perform faithfully on any previous contract with the City.
2.17 Lobbying Activities
Any contractor submitting a response to this solicitation must comply, if applicable, with City of
Fort Lauderdale Ordinance No. C-00-27 & Resolution No. 07-101, Lobbying Activities. Copies
of Ordinance No. C-00-27 and Resolution No. 07-101 may be obtained from the City Clerk's
Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The
ordinance may also be viewed on the City's website at:
http://www.fortlauderdale.gov/clerk/LobbyistDocs/lobbyist ordinance.pdf.
2.18 Local Business Preference
2.18.1 Section 2-199.2, Code of Ordinances of the City of Fort Lauderdale, provides for a
local business preference. In order to be considered for a local business preference, a
proposer must include the Local Business Preference Certification Statement of this
RFP, as applicable to the local business preference class claimed at the time of
Proposal submittal:
2.18.2 Upon formal request of the City, based on the application of a Local Business
Preference the Proposer shall within ten (10) calendar days submit the following
documentation to the Local Business Preference Class claimed:
a. Copy of City of Fort Lauderdale current year business tax receipt, or Broward
County current year business tax receipt, and
b. List of the names of all employees of the proposer and evidence of employees'
residence within the geographic bounds of the City of Fort Lauderdale or Broward
County, as the case may be, such as current Florida driver license, residential
utility bill (water, electric, telephone, cable television), or other type of similar
documentation acceptable to the City.
2.18.3 Failure to comply at time of Proposal submittal shall result in the Proposer being found
ineligible for the local business preference.
2.18.4 The complete local business preference ordinance may be found on the City's web site
at the following link: http://fortlauderdale.gov/home/showdocument?id=6422
2.18.5 Definitions
The term "Business" shall mean a person, firm, corporation or other business entity
which is duly licensed and authorized to engage in a particular work in the State of
Florida. Business shall be broken down into four(4) types of classes:
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City of Fort Lauderdale Bid 975-11940
1. Class A Business — shall mean any Business that has established and agrees to
maintain a permanent place of business located in a non-residential zone and
staffed with full-time employees within the limits of the City and shall maintain a
staffing level of the prime contractor for the proposed work of at least fifty percent
(50%) who are residents of the City.
2. Class B Business - shall mean any Business that has established and agrees to
maintain a permanent place of business located in a non-residential zone and
staffed with full-time employees within the limits of the City or shall maintain a
staffing level of the prime contractor for the proposed work of at least fifty percent
(50%) who are residents of the City.
3. Class C Business - shall mean any Business that has established and agrees to
maintain a permanent place of business located in a non-residential zone and
staffed with full-time employees within the limits of Broward County.
4. Class D Business — shall mean any Business that does not qualify as either a
Class A, Class B, or Class C business.
2.19 Protest Procedure
2.19.1 Any Proposer or Bidder who is not recommended for award of a contract and who
alleges a failure by the city to follow the city's procurement ordinance or any applicable
law may protest to the director of procurement services division (director), by delivering
a letter of protest to the director within five (5) days after a notice of intent to award is
posted on the city's web site at the following link:
http://www.fortiauderdale.gov/departments/finance/procurement-services/notices-of-
intent-to-award.
2.19.2 The complete protest ordinance may be found on the city's web site at the following
link: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf
2.20 Public Entity Crimes
Contractor, by submitting a proposal attests she/he/it has not been placed on the convicted
vendor list. 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 a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
2.21 Subcontractors
2.21.1 If the Contractor proposes to use subcontractors in the course of providing these
services to the City, this information shall be a part of the bid response. Such
information shall be subject to review, acceptance and approval of the City, prior to any
contract award. The City reserves the right to approve or disapprove of any
subcontractor candidate in its best interest and to require Contractor to replace
subcontractor with one that meets City approval.
2.21.2 Contractor shall ensure that all of Contractor's subcontractors perform in accordance
with the terms and conditions of this Contract. Contractor shall be fully responsible for
all of Contractor's subcontractors' performance, and liable for any of Contractor's
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City of Fort Lauderdale Bid 975-11940
subcontractors' non-performance and all of Contractor's subcontractors' acts and
omissions. Contractor shall defend, at Contractor's expense, counsel being subject to
the City's approval or disapproval, and indemnify and hold harmless the City and the
City's officers, employees, and agents from and against any claim, lawsuit, third-party
action, or judgment, including any award of attorney fees and any award of costs, by or
in favor of any Contractor's subcontractors for payment for work performed for the City.
2.21.3 Contractor shall require all of its subcontractors to provide the required insurance
coverage as well as any other coverage that the contractor may consider necessary, and
any deficiency in the coverage or policy limits of said subcontractors will be the sole
responsibility of the contractor.
2.22 Proposal Security— NIA
2.23 Payment and Performance Bond— N/A
2.24 Insurance Requirements
2.24.1 The Contractor shall furnish proof of insurance requirements as indicated below. The
coverage is to remain in force at all times during the contract period. The following
minimum insurance coverage is required. The City is to be added as an
"additional insured" with relation to General Liability Insurance. This MUST be written
in the description section of the insurance certificate, even if you have a check-off box
on your insurance certificate. Any costs for adding the City as "additional insured" will
be at the contractor's expense.
2.24.2 The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or
modification of any stipulated insurance. The insurance provided shall be endorsed or
amended to comply with this notice requirement. In the event that the insurer is
unable to accommodate, it shall be the responsibility of the Contractor to provide the
proper notice. Such notification will be in writing by registered mail, return receipt
requested and addressed to the Procurement Services Division.
2.24.3 The Contractor's insurance must be provided by an A.M. Best's "A-" rated or better
insurance company authorized to issue insurance policies in the State of Florida,
subject to approval by the City's Risk Manager. Any exclusions or provisions in the
insurance maintained by the contractor that precludes coverage for work
contemplated in this RFP shall be deemed unacceptable, and shall be considered
breach of contract.
Workers' Compensation and Employers' Liability Insurance
Limits: Workers' Compensation —Per Florida Statute 440
Employers' Liability- $500,000
Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers'
Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk
Manager, if they are in accordance with Florida Statute. For additional information contact the
Department of Financial Services, Workers' Compensation Division at (850) 413-1601 or on
the web at www.fldfs.com.
Commercial General Liability Insurance
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City of Fort Lauderdale Bid 975-11940
Covering premises-operations, products-completed operations, independent contractors and
contractual liability.
Limits: Combined single limit bodily injury/property damage $1,000,000. This coverage
must include, but not limited to:
a. Coverage for the liability assumed by the contractor under the indemnity provision
of the contract.
b. Coverage for Premises/Operations
c. Products/Completed Operations
d. Broad Form Contractual Liability
e. Independent Contractors
Automobile Liability Insurance
Covering all owned, hired and non-owned automobile equipment.
Limits: Bodily injury $250,000 each person, $500,000 each occurrence
Property damage $100,000 each occurrence
Professional Liability(Errors &Omissions)
Consultants
Limits: $2,000,000 per occurrence
2.24.4 A copy of AM current Certificate of Insurance should be included with your proposal.
2.24.5 In the event that you are the successful Proposer, you will be required to provide a
certificate naming the City as an "additional insured" for General Liability. Certificate
holder should be addressed as follows:
City of Fort Lauderdale
Procurement Services Division
100 N. Andrews Avenue, Room 619
Fort Lauderdale, FL 33301
2.26 Award of Contract
A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the
right to execute or not execute, as applicable, a contract with the Proposer(s) that is
determined to be in the City's best interests. The City reserves the right to award a contract to
more than one Proposer, at the sole and absolute discretion of the in the City.
2.26 Unauthorized Work
The Successful Proposer(s) shall not begin work until a Contract has been awarded by the
City Commission and a notice to proceed has been issued. Proposer(s) agree and understand
that the issuance of a Purchase Order and/or Task Order shall be issued and provided to the
Successful Proposer(s) following Commission award; however, receipt of a purchase order
and/or task order shall not prevent the Successful Proposer(s) from commencing the work
once the City Commission has awarded the contract and notice to proceed is issued.
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City of Fort Lauderdale Bid 975-11940
2.27 Damage to Public or Private Property— N/A
2.28 Safety— N/A
2.29 Uncontrollable Circumstances ("Force Majeure")
The City and Contractor will be excused from the performance of their respective obligations
under this agreement when and to the extent that their performance is delayed or prevented
by any circumstances beyond their control including, fire, flood, explosion, strikes or other
labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage,
act or omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance,
provided that:
2.29.1 The non performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the Force Majeure;
2.29.2 The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
2.29.3 No obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and
2.29.4 The non performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the
City may excuse performance for a longer term. Economic hardship of the Contractor
will not constitute Force Majeure. The term of the agreement shall be extended by a
period equal to that during which either party's performance is suspended under this
Section.
2.30 Canadian Companies
The City may enforce in the United States of America or in Canada or in both countries a
judgment entered against the Contractor. The Contractor waives any and all defenses to the
City's enforcement in Canada, of a judgment entered by a court in the United States of
America. All monetary amounts set forth in this Contract are in United States dollars.
2.31 News Releases/Publicity
News releases, publicity releases, or advertisements relating to this contract or the tasks or
projects associated with the project shall not be made without prior City approval.
2.32 Manufacturer/Brand/Model Specific Request— N/A
2.33 Contract Period
The initial contract term shall commence upon date of award by the City or June 17, 2017,
whichever is later, and shall expire one year from that date. The City reserves the right to
extend the contract for three, additional one year terms, providing all terms conditions and
specifications remain the same, both parties agree to the extension, and such extension is
approved by the City.
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In the event services are scheduled to end because of the expiration of this contract, the
Contractor shall continue the service upon the request of the City as authorized by the
awarding authority. The extension period shall not extend for more than 120 days beyond the
expiration date of the existing contract. The Contractor shall be compensated for the service
at the rate in effect when this extension clause is invoked by the City.
2.34 Cost Adjustments
Prices quoted shall be firm for the initial contract term of one year. No cost increases shall be
accepted in this initial contract term. Please consider this when providing pricing for this
request for proposal.
Thereafter, any extensions which may be approved by the City shall be subject to the
following: costs for any extension terms shall be subject to an adjustment only if increases or
decreases occur in the industry. Such adjustment shall be based on the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the
Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent(5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available
for the calendar year ending 12/31, prior to the end of the contract year then in effect, as
compared to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety
(90) days prior to the contract anniversary date. Any approved cost adjustments shall become
effective on the beginning date of the approved contract extension.
The City may, after examination, refuse to accept the adjusted costs if they are not properly
documented, or considered to be excessive, or if decreases are considered to be insufficient.
In the event the City does not wish to accept the adjusted costs and the matter cannot be
resolved to the satisfaction of the City, the Contract will be considered cancelled on the
scheduled expiration date.
2.35 Service Test Period
If the Contractor has not previously performed the services to the city, the City reserves the
right to require a test period to determine if the Contractor can perform in accordance with the
requirements of the contact, and to the City's satisfaction. Such test period can be from thirty
to ninety days, and will be conducted under all specifications, terms and conditions contained
in the contract. This trial period will then become part of the initial contract period.
A performance evaluation will be conducted prior to the end of the test period and that
evaluation will be the basis for the City's decision to continue with the Contractor or to select
another Contractor(if applicable).
2.36 Contract Coordinator
The City may designate a Contract Coordinator whose principal duties shall be:
Liaison with Contractor.
Coordinate and approve all work under the contract.
Resolve any disputes.
Assure consistency and quality of Contractor's performance.
Schedule and conduct Contractor performance evaluations and document findings.
Review and approve for payment all invoices for work performed or items delivered.
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2.37 Contractor Performance Reviews and Ratings
The City Contract Coordinator may develop a Contractor performance evaluation report. This
report shall be used to periodically review and rate the Contractor's performance under the
contract with performance rating as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements
Fair Just meets requirements.
Poor Does not meet all requirements and contractor is subject to penalty
provisions under the contact.
Non-compliance Either continued poor performance after notice or a performance level
that does not meet a significant portion of the requirements.
This rating makes the Contractor subject to the default or cancellation
for cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Contractor
shall be provided with a copy of the report, and may respond in writing if he takes exception to
the report or wishes to comment on the report. Contractor performance reviews and
subsequent reports will be used in determining the suitability of contract extension.
2.38 Substitution of Personnel
It is the intention of the City that the Contractor's personnel proposed for the contract will be
available for the contract term. In the event the Contractor wishes to substitute personnel, he
shall propose personnel of equal or higher qualifications and all replacement personnel are
subject to City approval. In the event substitute personnel are not satisfactory to the City and
the matter cannot be resolved to the satisfaction of the City, the City reserves the right to
cancel the Contract for cause. See Section 5.09 General Conditions.
2.39 Insurance for Collection of Credit Card Payments— N/A
2.40 Ownership of Work
The City shall have full ownership and the right to copyright, otherwise limit, reproduce,
modify, sell, or use all of the work or product produced under this contract without payment of
any royalties or fees to the Contractor above the agreed hourly rates and related costs.
2.41 Condition of Trade-In Equipment— NIA
2.42 Conditions of Trade-In Shipment and Purchase Payment— N/A
2.43 Verification of Employment Status— N/A
2.44 Service Organization Controls—N/A
2.45 Warranties of Usage
Any estimated quantities listed are for information and tabulation purposes only. No warranty
or guarantee of quantities needed is given or implied. It is understood that the Contractor will
furnish the City's needs as they arise.
END OF SECTION
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City of Fort Lauderdale Bid 975-11940
SECTION III -TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES
01. PURPOSE
The purpose of this Request for Proposal (RFP) is to select a qualified Real Estate Brokerage
firm to provide professional services related to real property assets owned by the City of Fort
Lauderdale.
The selected firm will be responsible for assisting the City Manager's staff with brokerage
services, which may include: (i) providing advice regarding property valuation, (ii) portfolio
organization and analysis, (iii) strategic planning for property leasing and disposal, (iv) listing
services for sale of City surplus property, (v) overseeing escrow for such sales and (vi) lease
management. The deliverables may include valuation, marketing and strategic planning
reports as specified in each task order that may be issued during the term of the agreement.
The City is looking for a firm with experience in the Fort Lauderdale market area in marketing,
leasing and selling properties for owners with large portfolios of properties. The brokers of the
firm to be assigned to this contract should have familiarity with laws and practices applicable
to public agency real estate matters.
The successful proposer is referred to as the Contractor throughout this RFP.
02. BACKGROUND
The City, with its current broker on contract, manages a real estate portfolio of approximately
40 properties, some of which are used for City operations and services. The City desires to
develop a strategic plan that inventories all City-owned vacant surplus and/or controlled
property, its current use, and outlines recommendations for the best use of the property. The
Contractor shall be responsible for identifying which properties have the most potential to
generate revenue, through sale or leasing, proposed marketing strategies and timelines for
appropriate action.
Further, the City desires for the Contractor to manage City leases with City as lessor and City
license agreements.
03. SCOPE OF SERVICES
Upon award of the contract, the Contractor shall provide a review and assessment of all City-
owned vacant and/or underutilized property, its current use, and recommendations for the
best use of the property. This review and assessment should not include single-family lots.
The City reserves the right to add or subtract parcels from their portfolio:
A. The Contractor shall evaluate City-owned vacant and/or underutilized land; and as a result
provide an assessment of revenue potential and recommendations and planning for
expedited/streamlined disposition of that City-owned land.
B. The Contractor is expected to produce a draft report, including a recommendation section for
City review, by no later than one hundred and twenty (120) days after the commencement of
the contract. The report should summarize the costs and potential revenue associated with
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the sale of each property; state goals as they relate to the City; identify properties which
present an opportunity as they are determined to be underutilized or surplus to City needs and
present a specific plan of action to meet the City's goals of revenue generation. In accordance
with Florida Statute 166.0451, the report shall identify all real property that is appropriate for use
as affordable housing. The final report will reflect City comments and be produced within one
hundred and eighty (180) days of commencement of the contract. Recommendations made by
the Contractor, at any time during the creation of the strategic plan, may be brought to the City
and, if approved, be assigned as a project. Such projects should be identified within, and will
count toward, the fulfillment of the goals of the strategic plan.
C. The Contractor will also identify best practices related to public sector real estate portfolio
management that would be beneficial to the City in the ongoing management of its real estate
assets. Such practices may include digital applications made available to the City to
accurately review the inventory of City-owned property.
D. All real estate transactions are to be processed with approval of the City and in accordance
with applicable rules, regulations, ordinances, and City Charter of the City of Fort Lauderdale.
E. In all matters concerning the above Section A, compensation for work performed shall be
performance based. Specifically, compensation shall be derived from the sales transaction
proceeds
F. The Contractor shall include, in response, proposed commission percentage. All sales
commission to be paid by the buyer.
1) Through the term of the contract, the Contractor, under the direction and control of the
City:
➢ The Contractor shall provide quarterly updated reports of all identified City-owned
surplus and under-utilized sites, including escheated properties; and Contractor shall
continue to prioritize opportunities for utilization or disposal, identifying which have the
greatest opportunity to maximize revenue to the City in the shortest period of time.
➢ The Contractor shall manage all City leases with City as lessor and all City license
agreements. The Contractor shall be required to immediately report to the applicable
City staff when the party in contract with the City is in violation of respective
agreement.
➢ The Contractor shall handle marketing of properties for sale or lease including
providing updated and accurate listing information on the City's website.
➢ All lease matters are to be processed with approval of the City and in accordance with
applicable rules, regulations, ordinances, and City Charter of the City of Fort
Lauderdale.
➢ In all matters concerning this Section, compensation for work performed shall be
performance based. Specifically, compensation shall be derived from the percentage
of lease costs.
➢ The Contractor shall include, in response, proposed lease cost percentage.
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➢ The Contractor shall include, in response, their hourly rate of advisory services where
a Commission will not be earned.
➢ The Contractor team should include experts in:
a. Commercial and Industrial Development
b. Hospitality Industry
c. Multi-family and Condominium Industry
d. Marina Industry
➢ The Contractor shall periodically, but no less than two times per year, and at mutually
agreed upon dates, present to applicable staff the current state of the City of Fort
Lauderdale real estate market. The presentations will serve the purpose of highlighting
local real estate trends and forecasts.
END OF SECTION
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City of Fort Lauderdale Bid 975-11940
SECTION IV—SUBMITTAL REQUIREMENTS
4.1 Instructions
4.1.1 Although proposals are accepted `hard copy', the City of Fort Lauderdale uses Bidsync
(www.bidsync.com) to administer the competitive solicitation process, including but not
limited to soliciting proposals, issuing addenda, responding to questions / requests for
information. There is no charge to register and download the RFP from Bidsync.
Proposers are strongly encouraged to read the various vendor Guides and Tutorials
available in Bidsync well in advance of their intention of submitting a proposal to
ensure familiarity with the use of Bidsync. The City shall not be responsible for a
Proposer's inability to submit a proposal by the end date and time for any reason,
including issues arising from the use of Bidsync.
4.1.2 Careful attention must be given to all requested items contained in this RFP.
Proposers are invited to submit proposals in accordance with the requirements of this
RFP. Please read entire solicitation before submitting a proposal. Proposers must
provide a response to each requirement of the RFP. Proposals should be prepared in
a concise manner with an emphasis on completeness and clarity. Notes, exceptions,
and comments may be rendered on an attachment, provided the same format of this RFP
text is followed.
4.1.3 All information submitted by Proposer shall be typewritten or provided as otherwise
instructed to in the RFP. Proposers shall use and submit any applicable or required forms
provided by the City and attach such to their proposal. Failure to use the forms may
cause the proposal to be rejected and deemed non-responsive.
4.1.4 Proposals shall be submitted by an authorized representative of the firm. Proposals must
be submitted in the business entities name by the President, Partner, Officer or
Representative authorized to contractually bind the business entity. Proposals shall
include an attachment evidencing that the individual submitting the proposal, does in fact
have the required authority stated herein.
4.1.5 All proposals will become the property of the City. The Proposer's response to the RFP
is a public record pursuant to Florida law, which is subject to disclosure by the City
under the State of Florida Public Records Law, Florida Statutes Chapter 119.07
("Public Records Lave'). The City shall permit public access to all documents, papers,
letters or other material submitted in connection with this RFP and the Contract to be
executed for this RFP, subject to the provisions of Chapter 119.07 of the Florida
Statutes. Any language contained in the Proposer's response to the RFP purporting to
require confidentiality of any portion of the Proposer's response to the RFP, except to
the extent that certain information is in the City's opinion a Trade Secret pursuant to
Florida law, shall be void. If a Proposer submits any documents or other information to
the City which the Proposer claims is Trade Secret information and exempt from
Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly
designate that it is a Trade Secret and that it is asserting that the document or
information is exempt. The Proposer must specifically identify the exemption being
claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether
any information contained in the Proposer's response to the RFP constitutes a Trade
Secret. The city's determination of whether an exemption applies shall be final, and
the Proposer agrees to defend, indemnify, and hold harmless the city and the city's
officers, employees, and agent, against any loss or damages incurred by any person
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City of Fort Lauderdale Bid 975-11940
or entity as a result of the city's treatment of records as public records. In the event of
Contract award, all documentation produced as part of the Contract shall become the
exclusive property of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 954-828-5002,
PRRCONTRACTcD..FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE,
100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301.
4.1.6 One original and two copies plus five electronic (soft) copy of your proposal shall be
delivered in a sealed package with the RFP number, due and open date, and RFP title
clearly marked on the outside by the due date and time (deadline) to the address
specified in Section I, 1.2 — Submission Deadline. It is the sole responsibility of the
respondent to ensure their proposal is received on or before the date and time stated, in
the specified number of copies and in the format stated herein.
4.1,7 By submitting a response Proposer is confirming that the firm has not been placed on the
convicted vendors list as described in Section §287.133 (2) (a) Florida Statues; that the
only person(s), company or parties interested in the proposal as principals are named
therein; that the proposal is made without collusion with any other person(s), company or
parties submitting a proposal; that it is in all respects fair and in good faith, without
collusion or fraud; and that the signer of the proposal has full authority to bind the firm.
4.2 Contents of the Proposal
The City deems certain documentation and information important in the determination of
responsiveness and for the purpose of evaluating proposals. Proposals should seek to avoid
information in excess of that requested, must be concise, and must specifically address the
issues of this RFP. The City prefers that proposals be no more than 50 pages double-sided,
be bound in a soft cover binder, and utilize recyclable materials as much as practical.
Elaborate binders are neither necessary nor desired. Please place the labeled DVD/CD in a
paper sleeve. The proposals shall be organized and divided into the sections indicated herein.
These are not inclusive of all the information that may be necessary to properly evaluate the
proposal and meet the requirements of the scope of work and/or specifications. Additional
documents and information should be provided as deemed appropriate by the respondent in
proposal to specific requirements stated herein or through the RFP.
4.2.1 Table of Contents
The table of contents should outline in sequential order the major areas of the
submittal, including enclosures. All pages should be consecutively numbered and
correspond to the Table of Contents.
4.2.2 Executive Summary
Each Offeror must submit an executive summary that identifies the business entity, its
background, main office(s), and office location that will service this contract. Identify
the officers, principals, supervisory staff and key individuals who will be directly
involved with the work and their office locations. The executive summary should also
summarize the key elements of the proposal.
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4.2.3 Experience and Qualifications
Indicate the firm's number of years of experience in providing the professional services
as it relates the work contemplated. Provide details of past projects for agencies of
similar size and scope, including information on your firm's ability to meet time and
budget requirements. Indicate the firm's initiatives towards its own sustainable
business practices that demonstrate a commitment to conservation. Indicate business
structure, IE: Corp., Partnership, LLC. Firm should be registered as a legal entity in the
State of Florida; Minority or Woman owned Business (if applicable); Company
address, phone number, fax number, E-Mail address, web site, contact person(s), etc.
Relative size of the firm, including management, technical and support staff; licenses
and any other pertinent information shall be submitted.
4.2.4 Approach to Scope of Work
Provide in concise narrative form, your understanding of the City's needs, goals and
objectives as they relate to the project, and your overall approach to accomplishing the
project. Give an overview on your proposed vision, ideas and methodology. Describe
your proposed approach to the project. As part of the project approach, the proposer
shall propose a scheduling methodology (time line) for effectively managing and
executing the work in the optimum time. Also provide information on your firm's
current workload and how this project will fit into your workload. Describe available
facilities, technological capabilities and other available resources you offer for the
project.
4.2.6 References
Provide at least three references, preferably government agencies, for projects with
similar scope as listed in this RFP. Information should include:
• Client Name, address, contact person telephone and E-mail addresses.
• Description of work.
• Year the project was completed.
• Total cost of the project, estimated and actual.
Note: Do not include City of Fort Lauderdale work or staff as references to
demonstrate your capabilities. The Committee is interested in work experience
and references other than the City of Fort Lauderdale.
4.2.6 Minority/Women (M/WBE) Participation
If your firm is a certified minority business enterprise as defined by the Florida Small
and Minority Business Assistance Act of 1985, provide copies of your certification(s). If
your firm is not a certified M/WBE, describe your company's previous efforts, as well
as planned efforts in meeting M/WBE procurement goals under Florida Statutes
287.09451.
4.2.7 Subcontractors
Proposer must clearly identify any subcontractors that may be utilized during the term
of this contract.
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4.2.8 Required Forms
a. Proposal Certification
Complete and attach the Proposal Certification provided herein.
b. Cost Proposal
Provide firm, fixed, costs for all services/products using the form provided in this
request for proposal. These firm fixed costs for the project include any costs for
travel and miscellaneous expenses. No other costs will be accepted.
c. Non-Collusion Statement
This form is to be completed, if applicable, and inserted in this section.
d. Local Business Preference (LBP)
This form is to be completed, if applicable, and inserted in this section
e. Contract Payment Method
This form must be completed and returned with your proposal. Proposers must
presently have the ability to accept these credit cards or take whatever steps
necessary to implement acceptance of a card before the start of the contract term,
or contract award by the City.
f. Sample Insurance Certificate
Demonstrate your firm's ability to comply with insurance requirements. Provide a
previous certificate or other evidence listing the Insurance Companies names for
the required coverage and limits.
END OF SECTION
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City of Fort Lauderdale Bid 975-11940
SECTION V— EVALUATION AND AWARD
5.1 Evaluation Procedure
5.1.1 Bid Tabulations/Intent to Award
Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation
process, requiring City Commission action, may be found at
http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-of-
intent-to-award. Tabulations of receipt of those parties responding to a formal
solicitation may be found at
http://www.fortlauderdale.gov/departments/finance/procurement-services/bid-results,
or any interested party may call the Procurement Office at 954-828-5933.
5.1.2 Evaluation of proposals will be conducted by an Evaluation Committee, consisting of a
minimum of three members of City Staff, or other persons selected by the City
Manager or designee. All committee members must be present at scheduled
evaluation meetings. Proposals shall be evaluated based upon the information and
references contained in the responses as submitted.
5.1.3 The Committee may short list no less than three Proposals, assuming that three
proposals have been received, that it deems best satisfy the weighted criteria set forth
herein. The committee may then conduct interviews and/or require oral presentations
from the short listed Proposers. The Evaluation Committee shall then re-score and re-
rank the short listed firms in accordance with the weighted criteria.
5.1.4 The City may require visits to the Proposer's facilities to inspect record keeping
procedures, staff, facilities and equipment as part of the evaluation process.
5.1.5 The final ranking and the Evaluation Committee's recommendation may then be
reported to the City Manager for consideration of contract award.
5.2 Evaluation Criteria
5.2.1 The City uses a mathematical formula to determine the scoring for each individual
responsive and responsible firm based on the weighted criteria stated herein. Each
evaluation committee member will rank each firm by criteria, giving their first ranked
firm a number 1, the second ranked firm a number 2, and so on. The City shall multiply
that average ranking by the weighted criterion identified herein to determine the total
the points for each proposer. The lowest average final ranking score will determine the
recommendation by the evaluation committee to the City Manager.
5.2.2 Weighted Criteria
ABILITY TO MEET OBJECTIVES
Understands the scope of the project 10%
Percent Sales Commission to Contractor 0%
Percent Lease Cost to Contractor 20%
Hourly rate for advisory services where a Commission will not be 15%
earned
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References, Past Performance, Staff Experience, Experience of the 25%
Firm, Firms Resources and Facilities
Problem identification and the proposed method to accomplish the 10%
work required.
TOTAL PERCENT AVAILABLE: 100%
5.3 Contract Award
The City reserves the right to award a contract to that Consultant who will best serve the
interest of the City. The City reserves the right, based upon its deliberations and in its opinion,
to accept or reject any or all proposals. The City also reserves the right to waive minor
irregularities or variations of the submittal requirements and RFP process.
END OF SECTION
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City of Fort Lauderdale Bid 975-11940
SECTION VI -COST PROPOSAL PAGE
Proposer Name:
Proposer agrees to supply the products and services at the prices bid below in
accordance with the terms, conditions and specifications contained in this RFP.
Cost to the City: Contractor must quote firm, fixed, costs for all services/products
identified in this request for proposal. These firm fixed costs for the project include any
costs for travel and miscellaneous expenses. No other costs will be accepted.
Notes:
Attach a breakdown of costs including but not limited to labor, equipment, materials and parts.
1. Proposed commission percentage as defined in Section III %
2. Proposed lease cost percentage as defined in Section III %
3. Hourly rate for advisory services where commission is not earned $
(The estimated number of hours the city expects to utilize these services is 500 hours per
year. The hours may vary depending on the need of the city.)
Failure to use the City's COST PROPOSAL Pane and provide costs as requested in this RFP,
may deem your proposal non-responsive.
Submitted by:
Name (printed) Signature
Date Title
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City of Fort Lauderdale Bid 975-11940
ARTICLE VIII.-PUBLIC PROPERTY
Sec. 8.01.-Sale of personal property; procedure; public notice.
Personal property belonging to the city shall not be sold, except where competitive bidding
conditions have been maintained.Where the value of the personal property exceeds five thousand dollars
($5,000.00), same may not be sold except after public notice to bidders by publication. The sale shall be
made to the highest and best bidder for cash, and no personal property shall be sold on terms. The
provisions of this section shall not apply in instances where depreciated personal property is traded in on
new equipment, bought by the city, but in such instances the amount allowed for personal property traded
in on new equipment purchased must be definitely specified in the bid.
Sec. 8.02.-Sale of public lands and of public property to public bodies.
City of Fort Lauderdale is hereby authorized and empowered to enter into contracts with and to sell,
alienate, exchange, give, grant or convey to United States of America or any of its departments or
agencies, State of Florida or any of its counties, districts, subdivisions or agencies, or to any public body,
any public places or any public property, real or personal, now owned by said City of Fort Lauderdale or
hereafter acquired, to be used by such public body or agency for a public purpose, or make
improvements upon public property used for a public purpose, under the following conditions, to-wit:
(a) The city commission shall first adopt a resolution determining and declaring its intention to sell,
alienate, give, exchange, grant, or convey certain public property to a designated public body,
or make improvement to public property, and such resolution shall particularly describe the
public lands, public property, improvements or places intended to be conveyed or improved, the
purchase price to be paid, if any, the public purpose for which such land or such property will be
used by the grantee, and other details of the sale, and designate a day not less than thirty (30)
days after the adoption of such resolution, on which a public hearing will be had before the city
commission upon such proposal.
(b) If any public property intended to be sold, alienated, given away, granted or conveyed to any
other public body is encumbered by any bonds or obligation for which such property or the
revenue derived therefrom is specially pledged, provision must be made in the proposal and
plan to simultaneously discharge and pay the obligations for payment of which such lands or
revenues derived therefrom are specially pledged.
(c) Such resolution shall be published in full in two (2) issues of a newspaper published in said city
with the first publication not less than ten (10) days before such public hearing and the second
publication one (1)week after the first publication.
(d) At the time designated for a public hearing, the terms of the proposal and the use of the
property shall be explained to the public and opportunity given for citizens and taxpayers to be
heard upon such proposal.
(e) At such meetings, or any designated adjourned meeting, the city commission shall pass another
resolution either confirming or repealing the resolution previously adopted, or confirming the
previous resolution with amendments or additions. If the previous resolution is confirmed in its
original form, or with amendments or additions, such confirming resolution shall direct the
proper city officials to execute and deliver deed of conveyance under the terms and conditions
set out in the resolution as confirmed.
(f) The provisions of this section to the contrary notwithstanding, the city may sell (for fair market
value) or trade (for like value) surplus stock of supplies or equipment belonging to the city to
another governmental entity by any procedure as may be established under the "Purchasing
Ordinance of the City of Fort Lauderdale"[Code ch. 2, art.V, div. 2].
Sec. 8.03.-Acquiring right-of-way for purpose of conveying same to a public body.
Page 1
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City of Fort Lauderdale is hereby authorized and empowered to give, grant and convey to the State
of Florida and its political subdivisions or agencies, or the County of Broward, for right-of-way purposes,
any lands owned by the city or lands acquired by the city for the purpose of conveying same to a public
body, and to enter into contracts with such public body providing for the acquisition or conveyance of any
of such lands or public property by the city; and to expend public moneys of the city and exchange public
property of the city with private persons in acquiring or conveying needed right-of-way, removing utility
installation, furnishing easements and making improvements upon public property, under such terms and
conditions as the city commission by resolution may prescribe. The power herein granted is in addition to
the authority elsewhere granted herein and the exercise of same is not limited or restricted by the
procedure provided in section 8.02 above. The provisions of this section shall apply only to conveyances
and expenditures for public road purposes within the corporate limits.
Sec.8.04. -Sale of real property to private persons,firms or corporations.
City of Fort Lauderdale is hereby authorized and empowered to sell any public lands and
improvements thereon, title to which is vested in City of Fort Lauderdale, to any private person, firm or
corporation (other than a public body) under the following conditions, to-wit:
(a) Resolution declaring property not needed for public use. The city commission shall adopt a
resolution at a regular meeting of the city commission particularly describing the land by metes
and bounds, reference to a recorded plat or government survey, its location by street number, if
any there be, a description of all improvements located upon the land, and shall declare how
said land has been used since same has belonged to the city, why it is desirable to sell same,
and that the city does declare and determine that it is for the best interests of the city that such
lands and facilities be sold. The resolution declaring that such lands be sold shall state whether
the sale shall be made for cash or terms. Where the value of the land is determined by the city
commission to be less than ten thousand dollars($10,000.00), the sale shall be for cash.Where
the value of the land is determined by the city commission to exceed ten thousand dollars
($10,000.00), the city commission may sell same for twenty-five (25) percent cash and the
balance upon terms, with installments due yearly, not exceeding ten (10) years, with interest to
be determined by the city commission. The city shall sell, without competitive bidding, to the
party making the best offer, but the city may reject any and all offers at any time. Offers shall be
accompanied by cashier's checks or certified checks payable to the city in an amount equal to
at least ten (10) percent of the offer. In no event shall the sale be for less than seventy-five (75)
percent of the appraised value of the property as determined by the city commission.
(b) Notice; offers. Within seven (7)days after the adoption of the resolution, it shall be published by
the city in one (1) issue of the official newspaper. Offers shall be accompanied by cashier's
checks or certified checks payable to the city in an amount equal to at least ten (10) percent of
the offer.
(c) Protests. During the period intervening between the adoption of the resolution and the date of
sale, taxpayers and registered electors of the city may protest or object to the sale, or propose
other public uses for the said property, and the city commission may rescind its former action
and repeal the resolution declaring the property should be sold, if it deems same expedient and
proper.
(d) Authority to sell, cemetery lots excepted. Subject to the foregoing provisions, City of Fort
Lauderdale is hereby empowered to sell and dispose of any lands, improvements, public
buildings, recreational parks and other lands now owned or hereafter acquired by said city, and
in the deed of conveyance may place such conditions, limitations and restrictions on the use of
such property by the purchasers as to the city commission shall seem proper. The above
restrictions as to sale of public property shall not apply to sale of municipal cemetery lots, which
are subject to rules and regulations governing same.
(e) Resolution accepting offer and authorizing conveyance. At any regular meeting after publication
of the resolution as heretofore provided in paragraph (b), the city commission may adopt a
resolution accepting the best offer and authorizing the execution of a deed of conveyance;
provided that if such property is encumbered by any bonds or obligations for which such
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property or the revenue derived therefrom is specially pledged, the purchase price must be
sufficient to pay and discharge such bonds or obligations according to the terms thereof.
(f) Notwithstanding the provisions of this section or other provisions of this article, City of Fort
Lauderdale shall have the right to exchange, deed or convey portions of publicly owned lands,
or grant concessions, leases or rights therein to private persons, in consummating a transaction
whereby City of Fort Lauderdale acquires property needed in connection with a public
improvement or a public use.
(g) The City of Fort Lauderdale is hereby authorized to pay a real estate commission to any
registered real estate broker, licensed to do business in the State of Florida, who negotiates and
procures a purchaser or tenant for any real estate sold or leased by the City of Fort Lauderdale.
Such real estate commission shall only be paid, however, on the consummation of such sale or
lease, and the commission paid shall in each instance be determined by the city commission
based upon what it believes to be a fair and equitable commission for the service to be
rendered.
Sec. 8.05. -Leases for not more than one year.
(a) The City of Fort Lauderdale is hereby empowered to lease or grant concessions for a period not
exceeding one (1) year in any public property, upon a majority vote of the city commission, or by or
through any board, commission, officer, manager or city manager designated by ordinance to do so.
Included in properties which may be leased are airports and airport property, public recreational
facilities, golf courses, tennis courts, recreational halls, stadiums, football fields, baseball fields,
playgrounds, public beaches, swimming pools, fishing piers, yacht basins, docks and wharves; and
the list enumerated is not exclusive but merely indicative of the class of public property deemed to be
operated in a proprietary capacity. The provisions of this section shall also be applicable to leases to
civic or charitable organizations, public nonprofit corporations, and like organizations, not exceeding
one (1) year.
(b) Any and all leases of one (1) year or less previously entered into by the City of Fort Lauderdale with
any civic or charitable organizations, public nonprofit corporations, or like organizations are hereby
ratified and confirmed.
Sec. 8.06. -Leases at Bahia-Mar.
Leases for the city property known as Bahia-Mar may be negotiated by the city commission without
the necessity of public bid; provided, however, that no such lease shall be for an initial term longer than
fifty (50) years. Extensions of or amendments to such leases may likewise be negotiated without
necessity of public bid; provided, however, that no such extension or amendment shall be for an
additional term longer than fifty(50) years beyond the original termination date of the lease which is to be
extended or amended. The provisions of this section are notwithstanding the limitations provided in
sections 8.05 and 8.09.
Sec. 8.07. -Leases with governmental entities or agencies for governmental purposes.
The City of Fort Lauderdale is hereby empowered to lease to other governmental entities or
agencies for governmental purposes, for periods of not more than fifty(50) years, any property of the city,
without the necessity for submitting the same to competitive bidding, upon such terms and conditions as
the city commission shall by resolution determine. Any and all such leases previously entered into by the
City of Fort Lauderdale are hereby ratified and confirmed.
Sec. 8.08.-Leases of parking spaces in parking facilities owned or operated by the city.
Notwithstanding anything herein to the contrary, the city is hereby empowered to lease or
concession, by negotiation and without competitive bidding, to private persons firms or corporations for
nonpublic purposes, parking spaces in parking facilities owned or operated by the city, for a period of not
more than fifty(50) years.
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Sec. 8.09.-Leases for more than one year and not more than fifty years.
City is hereby empowered to lease or concession to private persons, firms or corporations, for
nonpublic purposes, any lands, improvements, public buildings, recreational parks or facilities, golf
courses, public beaches, public utility plants, or any public works or public property of any kind including
air space over public property owned or operated by the City of Fort Lauderdale, and not needed for
governmental purposes, whether used in a governmental or in a proprietary capacity, for a period of not
more than fifty (50) years, plus such length of time, not to exceed five (5) years, determined by the city
commission to be reasonably necessary to complete construction of the improvements proposed for the
demised premises by such persons, firms or corporations. Each lease shall be authorized only after
public hearing, under authority of a resolution duly adopted at a meeting duly held at a designated
adjourned meeting, under the following conditions, to wit:
(a) One (1) of the conditions for leasing such public property may be obligations of the lessee to
construct thereon buildings or improvements to be used in connection with an existing facility, or
to construct improvements on said property, if same is vacant, and in a manner not detrimental
or harmful to the operation of the proposed facility. In no event shall the fee title of the city be
subordinated except upon terms and conditions as approved by the city commission.
(b) The city commission shall adopt a resolution at a regular meeting of the city commission
specifying the facility to be leased, described by metes and bounds, or by reference to a
recorded plat, if any, and giving its location by street number, if any, and a description of all
improvements located upon the land, and shall declare how said land and improvements have
been used since same have belonged to the city and the reasons for offering such land and
improvements for lease.
(c) At any time, not less than thirty (30) days nor more than sixty (60) days, after the adoption of
such resolution the land and improvements shall be offered upon competitive conditions for
lease as desired and a notice shall be published by the city in the official newspaper for two (2)
issues prior to the date set for receiving such bids for lease, with the first publication not less
than ten (10) days before said date of receiving bids and the second publication one (1) week
after the first, on which date sealed bids shall be received by the city commission for the lease
of said publicly owned lands and facilities. The sealed bids must be accompanied by cash,
cashier's check or certified check payable to the city in an amount equal to at least ten (10)
percent of the first year's rental. The city commission, in offering such public property or public
owned facility for lease, shall set out in said resolution and notice such terms and conditions as
deemed pertinent under which said facility will be leased and the number of years for which said
facility shall be leased. The city commission shall consider any and all proposals and accept the
proposal which, in its judgment, shall be the most advantageous lease for the city; but the city
commission may reject any and all bids. Upon the city commission approving any proposal
submitted as provided herein, said proposal shall be accepted by resolution duly adopted,
authorizing preparation of the lease, provided a valid referendum petition has not been filed. If
before the day advertised for receiving bids for lease of such property, a referendum petition is
filed with the city clerk signed by fifteen (15) percent of the registered voters, demanding a
referendum election upon the question of leasing such property, no lease shall be executed by
the officials of the city until after approved by a majority of the voters participating in such
referendum election. Such referendum election shall be called and held as provided in this
charter.
(d) The resolution accepting the bid shall require the preparation of a form of lease for execution,
embodying the terms and conditions of the bid and other legal requirements, for submission to
the commission at its next regular meeting or at a designated meeting. At least three (3) days
before the meeting date, the lease shall be posted on a public bulletin board by the city clerk
and each commissioner shall be given a copy of the lease with a covering summary letter,
providing, however, that in case of emergency, such procedure may be waived by the
affirmative vote of three (3) of the commissioners. The city attorney or city manager shall be
required to give a summary of the lease to the public at such meeting which shall be open to the
public. Citizens and taxpayers shall have an opportunity to object to the terms and conditions of
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City of Fort Lauderdale Bid 975-11940
such lease. If the commission is satisfied with the terms and conditions of such lease, it shall
pass a resolution authorizing execution of such lease by the proper officials of the city, upon
compliance upon the part of the lessee. Amendment to such lease may be made from time to
time by mutual consent, observing the same formality as in the original lease.
Sec. 8.10. -Fort Lauderdale Executive Airport(Prospect Field).
Notwithstanding any provision herein to the contrary, relative to the requirements of leasing city
owned property, the city commission acting through the city manager shall have the power to negotiate
any and all leases of land within the city owned airport known as Fort Lauderdale Executive Airport
(Prospect Field); provided, however, that the following conditions are fulfilled: (a) No lease shall be for a
term longer than ninety-nine (99) years; (b) the lessee pursuant to the requirements of the lease shall be
required to construct suitable improvements on the leased premises that will be of such a nature that they
will aid in the development of said Fort Lauderdale Executive Airport (Prospect Field), or that portion of it
available for such development, as an industrial center; (c) a general plan for the development of such
site for an industrial center shall first have been adopted by resolution of the city commission, although
this requirement shall not prevent subsequent amendments of such plan; and (d) the city manager
certifies to the city commission and the city commission by resolution declares that the leasing of the
property is in the best interests of the city and the development of the said industrial center and is the
most advantageous lease that the city can make at the time of the area involved. No advertising or
solicitation for public bid shall be required in connection with such leases; provided, however, that at least
once every three (3) years, and within two (2) months before or two (2) months after, the start of the
applicable third fiscal year, there shall be a public hearing held after a resolution calling for same and the
advertising of said public hearing in the manner prescribed by section 10.03 of the charter, at which public
hearing, or some adjournment thereof, the city commission shall publicly determine and publish in the
minutes of said meeting, the following:
(a) The minimum rent or rent per acre or per parcel of property that may be accepted in the
aforesaid negotiations, which minimum may include the payment of a brokerage commission.
(b) The amount of brokerage that may be paid and the procedures and standards that will govern
the payment of brokerage commission, which payment is hereby authorized.
No lease shall be effective unless the aforesaid public hearing and the action above required shall have
taken place prior to the adoption by the city commission of a resolution accepting the terms of any such
negotiated lease.
Nothing herein shall prohibit the holding of such public hearings, more frequently than the time above
prescribed. Any such other public hearing shall be held pursuant to the above requirements, except as to
the time of holding same; and the same action, as above set forth, shall be required as a result of any
such hearing.
(Ord.No. C-85-40, § 3, 5-7-85)
Sec. 8.11. -Sale of real property at Fort Lauderdale Executive Airport(Prospect Field).
Notwithstanding any provision herein to the contrary relative to the requirements of selling city owned
property, the city commission shall have the power to negotiate by conclude sales of land within the city
owned airport known as Fort Lauderdale Executive Airport (Prospect Field), without the necessity of
putting the same out to competitive bidding, upon such terms and conditions as the city commission shall
by resolution determine.
Sec. 8.12. -Leases of Shops in Central Business District Parking Garage.
Notwithstanding any provision in this charter to the contrary, leases of the city property known as
Shops in Central Business District Parking Garage may be negotiated by the city commission acting
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through the city manager without the necessity of public bid; provided, however, that no such lease, or
any extension of or amendment to same, shall be for a term longer than twenty(20)years.
Sec. 8.13.-Leases to civic and charitable organizations.
City of Fort Lauderdale is hereby authorized to lease to civic organizations, charitable organizations,
public nonprofit corporations and like organizations, any public lands, improvements, buildings,
recreational parks and areas or other public places, now owned or hereafter acquired by the city, for a
period exceeding one (1) year but not exceeding fifty (50) years, to be used by such lessee for purposes
consistent with the public good, where such use will not conflict with use by the public of other portions of
public land adjacent thereto, under the following conditions:
(a) The city commission shall first adopt a resolution declaring its intention to lease to a named civic
or charitable organization, nonprofit corporation or like organization, a definitely described
property or portion thereof, which resolution shall state the reasons why the city commission
believes such lease should be made, the purpose for which such public property will be used by
the lessee, the compensation, if any, to be paid for the lease, and other information calculated
to advise taxpayers and electors of the nature of the lease. Such resolution shall designate a
day, not less than thirty (30) days after the adoption of such resolution, when a public hearing
will be had before the commission upon such proposal.
(b) If the property intended to be leased is encumbered by any bonds or obligations for which such
property or revenue derived therefrom are specifically pledged, provisions must be made in the
proposal to discharge or satisfactorily comply with the requirements of the pledge.
(c) At any time, not less than thirty (30) days nor more than sixty (60) days, after the adoption of
such resolution, a public hearing shall be had before the city commission upon such proposal to
lease, and a notice shall be published by the city in the official newspaper for two (2) issues
prior to the date set for considering such proposal, with the first publication not less than ten
(10) days before said date of hearing. The city commission in offering said publicly owned
facility or public lands for lease shall state in said resolution and notice such terms and
conditions as deemed pertinent under which said facility will be leased and the number of years
for which said facility shall be leased.
If before the day, fixed for such public hearing, a referendum petition is filed with the city
clerk signed by fifteen (15) percent of the registered voters, demanding a referendum election
upon the question of leasing such property, no lease shall be executed by the officials of the city
until after approval by a majority of the voters participating in such referendum election. Such
referendum election shall be called and held as provided in this charter.
At least three (3) days before said public hearing date, a copy of the proposed lease shall be posted on a
public bulletin board by the city clerk and each commissioner shall be given a copy of such proposed
lease together with a covering summary letter; providing, however, that in case of emergency, such
procedure may be waived by the affirmative vote of three(3) commissioners. Citizens and taxpayers shall
have the opportunity at such public hearing to object to the execution, form or conditions of such
proposed lease. If the commission is satisfied with the terms and conditions of the proposed lease, and if
no persuasive objections are voiced at such public hearing, the commission shall pass a resolution
authorizing the execution of such lease by the proper officials of the city subject to the approval by the city
attorney prior to its execution by the proper city officials.
Sec. 8.14.-Form and execution of leases.
All leases shall be for a definite period of time, shall be in writing, executed in duplicate, with one (1)
copy retained by the City of Fort Lauderdale. The form of lease shall be approved by the city attorney.
Such leases shall be signed by the officers of the city designated by charter to sign same, except that
leases or concession rights for a period of not exceeding one (1) year may be signed in the name of the
city by the city manager, manager of the concession, or other officer designated to do so.
Sec. 8.15.-Granting franchises.
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The city commission may by ordinance, after public notice and public hearing, grant a franchise to
any individual, company, firm or corporation to exercise public functions in the city and to construct and
operate any and all public utilities in the city and in, under, or over the streets and public places in the city
and to use such public property in connection therewith; but no such grant or franchise or renewal thereof
shall be for a longer period than thirty (30) years. No such grant or franchise shall be exclusive. All
franchises or grants or rights to make extension of any public utility shall be subject to such terms and
conditions as the city commission shall impose. Such franchise or grant shall be evidenced by an
agreement in writing, executed in duplicate, with a copy recorded in the public records of the county, or by
ordinance duly enacted by the city commission and a certified copy recorded in the public records of the
county. All such individuals or corporations performing functions under such franchise shall be liable for
damages occasioned by acts, negligence or injuries to the rights of others, and the city shall not be liable
therefor. Franchises may be amended by mutual consent with the same formality.
Sec. 8.16. -Rates to be charged.
Where the rates to be charged by any utility company are regulated by the public service
commission, or successor, the city commission shall have no power to fix such rates, but when not so
regulated, the grant, agreement or franchise shall provide that the rates to be charged at all times shall be
under the supervision, direction and control of the city commission, and no rate shall be in effect unless
same is approved by the city commission; provided the rate allowed shall be sufficient to insure a
reasonable return on the investment.
Sec. 8.17.-Conditions of grant or franchise.
The city commission shall in the written franchise agreement or in the ordinance granting or
renewing any franchises to construct and operate a public utility or to use public property, prescribe the
amount of money, fees, percentage of gross income and consideration which shall be paid for such
franchise, the kind and quality of use, service or product to be furnished, the manner in which public
streets and public places shall be used and occupied, and other terms and conditions conducive to the
public interest. All such grants and renewals thereof shall reserve to the city the right to terminate the
same upon purchase by the city of the property and property rights of the utility and the extensions
thereof within and without the city, used in or useful in or connected with such utility and including all
contracts for service or motive power fairly and reasonably made in good faith by the utility, at a price
either fixed in the ordinance or agreement or to be fixed in the manner provided in the ordinance making
the grant or renewal of the grant. Nothing in such ordinance shall prevent the city from acquiring said
property of any such utility by condemnation proceedings, or in any other lawful manner; and all such
methods of acquisition shall be alternative to the power to purchase reserved in the grant or renewal
thereof as herein provided. Upon the acquisition by the city of the property of any utility by purchase,
condemnation, or otherwise, all franchises, grants or renewals shall at once terminate.
Sec. 8.18.-Assignments of grants.
No such grant or franchise, or renewals thereof, shall be leased, assigned, or otherwise alienated,
except with the consent of the city commission expressed by ordinance, and evidenced by a written
assignment and consent to same, recorded in the public records of Broward County, Florida.
Sec. 8.19. -Right of regulation.
All grants shall be subject to the right of the City of Fort Lauderdale, whether in terms reserved or
not, to control at all times the distribution of any space in, over, across or under all streets, alleys, public
grounds or other public places, occupied by public utility fixtures, and when, in the opinion of the city
commission, the public interest so requires to cause such fixtures to be reconstructed, relocated, altered
or discontinued at the expense of the holder of the franchise; and said city shall at all times have the
power to pass all regulatory ordinances affecting such utilities which, in the opinion of the city
commission, are required in the interest of the public health, safety, welfare or accommodation.
Sec. 8.20.-General provisions.
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Nothing in this charter contained shall operate in any way, except as herein specially stated, to limit
the city commission in the exercise of any of its lawful powers, respecting public utilities, or to prohibit the
city commission from imposing in any such grant such further restrictions and provisions as it may deem
to be in the public interest, provided only that the same are not inconsistent with the provisions of this
charter or the Constitution of the State of Florida.
Sec. 8.21. -Disposing of public property.
The right of the city to sell, exchange, lease, franchise or deed public property, under the methods
and procedures provided in this article, shall not be limited, restricted or abridged on account of the
method, source or means by which such property was acquired, the source from which funds were
obtained to acquire such property, the use to which this property has been devoted or is presently
devoted, or whether such property is used and operated in a governmental or proprietary capacity.
Notwithstanding anything to the contrary in this Charter, the city shall not sell, transfer, or lease for
more than one (1) year, any land zoned park in accordance with the City's Unified Land Development
Regulations without a unanimous vote of the entire city commission. Additionally, any land zoned park on
November 10, 2004, shall require a unanimous vote of the entire city commission to remove such
designation.
(Ord. No. C-04-36. § 1, 9-13-04)
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City of Fort Lauderdale Bid 975-11940
CITY OF FORT LAUDERDALE
GENERAL CONDITIONS
These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale
Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a
particular contract by indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications,
Instructions,Proposal Pages,Addenda,and Legal Advertisement.In this general conditions document, Invitation to Bid(ITB),
Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable.
PART I BIDDER PROPOSAL PAGES)CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific
Commodity Class item through our bid issuing service,BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the
selection of bidders who have fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who
may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are
responsible for registering with BidSync in order to view the bid documents.There is no fee for doing so. If you wish bid
notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a
different address, please so indicate in your bid response. If you wish payments sent to a different address, please so
indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel
any orders, or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the
Bidder and accepted by the City.
1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each
shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort
Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached
to the outside of shipment may result in refusal of shipment at Contractors expense.
1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net
45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office
specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in
determination of award. If a Bidder offers a discount,it is understood that the discount time will be computed from the date
of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified,whichever
occurs last.
1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted
from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid.
1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the prices quoted in the bid will be firm
for acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise
stated in the ITB.
1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General
Conditions,Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a
Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and
referenced in the space provided on the bidder proposal pages. If variances are not stated,or referenced as required,it
will be assumed that the product or service fully complies with the City's terms,conditions,and specifications.
By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject
to review and approval by the City. If any bid contains material variances that, in the City's sole opinion,make that bid
conditional in nature,the City reserves the right to reject the bid or part of the bid that is declared,by the City as conditional.
1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or
service, unable to meet specifications,schedule would not permit,or any other reason, in the space provided in this ITB.
Failure to bid or return no bid comments prior to the bid due and opening date and time, indicated in this ITB, may result in
your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB.
1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort
Lauderdale wants to increase the participation of Minority Business Enterprises(MBE),Women Business Enterprises(WBE),
and Small Business Enterprises(SBE)in its procurement activities. If your firm qualifies in accordance with the below
definitions please indicate in the space provided in this ITB.
Minority Business Enterprise(MBE)"A Minority Business" is a business enterprise that is owned or controlled by one or
more socially or economically disadvantaged persons. Such disadvantage may arise from cultural,racial,chronic economic
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City of Fort Lauderdale Bid 975-11940
circumstances or background or other similar cause. Such persons include,but are not limited to: Blacks,Hispanics,Asian
Americans,and Native Americans.
The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group
members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group
members. For the purpose of the preceding sentence, minority group members are citizens of the United States who
include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans.
Women Business Enterprise(WBE)a"Women Owned or Controlled Business" is a business enterprise at least 51 percent
of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is
owned by females.
Small Business Enterprise(SBE)"Small Business"means a corporation,partnership,sole proprietorship,or other legal entity
formed for the purpose of making a profit,which is independently owned and operated, has either fewer than 100
employees or less than$1,000,000 in annual gross receipts.
BLACK,which includes persons having origins in any of the Black racial groups of Africa.
WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent
including Pakistani and East Indian.
HISPANIC,which includes persons of Mexican, Puerto Rican,Cuban,Central and South American,or other Spanish culture
or origin,regardless of race.
NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians.
ASIAN AMERICAN,which includes persons having origin in any of the original peoples of the Far East,Southeast Asia,the
Indian subcontinent,or the Pacific Islands.
1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WEE)
businesses in its contracting and procurement programs. While the City does not have any preference or set aside
programs in place,it is committed to a policy of equitable participation for these firms. Proposers are requested to include in
their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are
considering minority or women owned enterprise participation in their proposal,those firms,and their specific duties have to
be identified in the proposal. If a proposer is considered for award,he or she will be asked to meet with City staff so that
the intended MBEM/BE participation can be formalized and included in the subsequent contract.
1.11 SCRUTINIZED COMPANIES
Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht
Construction,Inc., v. Secretary, Florida Department of Transportation,715 F.3d 1268(11th Cir.2013),with regard to the
"Cuba Amendment,"the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott
Israel List created pursuant to Section 215.4725,Florida Statutes(2016),that it is not engaged in a boycott of Israel,and that
it does not have business operations in Cuba or Syria,as provided in section 287.135, Florida Statutes(2016),as may be
amended or revised. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted
a false certification as provided under subsection(5)of section 287.135,Florida Statutes(2016),as may be amended or
revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725,Florida Statutes(2016),or is engaged in a boycott of Israel or has been engaged in business operations
in Cuba or Syria,as defined in Section 287.135,Florida Statutes(2016),as may be amended or revised.
1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation,that neither it nor its principals and
subcontractors are presently debarred or suspended by any Federal department or agency.
Part II DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions,technical
specifications,instructions to bidders,addenda and any other document used in the bidding process:
INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders.
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REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers.
REQUEST FOR QUALIFICATIONS(RFQ)when the City is requesting qualifications from qualified Proposers.
BID—a price and terms quote received in response to an ITB.
PROPOSAL—a proposal received in response to an RFP.
BIDDER—Person or firm submitting a Bid.
PROPOSER—Person or firm submitting a Proposal.
RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITB.
RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements, as
stated in the ITB,and the integrity and reliability that will assure good faith performance.
FIRST RANKED PROPOSER— That Proposer, responding to a City RFP,whose Proposal is deemed by the City,the most
advantageous to the City after applying the evaluation criteria contained in the RFP.
SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the
City.
CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract, Blanket Purchase
Order agreement,or Term Contract to provide goods or services to the City.
CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform
a certain act or acts, including all types of agreements, regardless of what they may be called,for the procurement or
disposal of equipment,materials,supplies,services or construction.
CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City.
The following terms may be used interchangeably by the City: ITB and/or RFP;Bid or Proposal;Bidder,Proposer,or Seller;
Contractor or Consultant;Contract,Award,Agreement or Purchase Order.
2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these
General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions
are made in the Special Conditions,then the General Conditions shall prevail in their entirety,
PART III BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time.
Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated,
but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink
and initialed by Bidder in ink. All information submitted by the Bidder shall be printed,typewritten or filled in with pen and ink.
Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes
properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single
envelope or package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically
states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be
rejected. Bids will be publicly opened in the Procurement Office,or other designated area, in the presence of Bidders,the
public,and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and
made available for review by Bidder's and the public in accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available
and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder
proposal page. In the case of an updated model with new specifications,Bidder shall provide adequate information to allow
the City to determine if the model bid meets the City's requirements.
3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of
a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.O.B.
destination,freight prepaid(Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims),
unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or
items contained in the ITB with any other business with the City.
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible
property. Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1.
3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and
information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor
will furnish the City's needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog
number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features
desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by
qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features
desired by the City,the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's
responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required criteria.
If adequate information is not submitted with the bid,it may be rejected. The City will be the sole judge in determining if the
item bid qualifies as an approved equal.
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City of Fort Lauderdale Bid 975-11940
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are
considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items,and feels that the
technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately. Such
notification must be received by the Procurement Services Division prior to the deadline contained in the ITB,for questions of
a material nature,or prior to five(5)days before bid due and open date,whichever occurs first. If no such notification is
received prior to that deadline,the City will consider the technical specifications to be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits, addenda,delivery
instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not
entitle the bidder to any relief from the conditions imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless
otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should
be received by the City within seven(7)working days of request. Samples,when requested, must be furnished free of
expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty(30)
days of bid award at Bidder's expense. When required,the City may request full demonstrations of units prior to award.
When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient
location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid.
3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost
of ownership. In using Life Cycle Costing,factors such as the following may be considered: estimated useful life,
maintenance costs,cost of supplies, labor intensity,energy usage,environmental impact,and residual value. The City
reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of
use and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages
Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with
recycled content,Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers
packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB,the City
may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled.
3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and
utilize other available governmental contracts,if such action is in its best interest.
3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of
commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities,equipment,personnel,
and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement
Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be in
the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable
after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if
required;acceptance of insurance coverage, if required;and full execution of contract documents,if required;or conditions
as stated in Special Conditions.
3.15 PUBLIC RECORDSITRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida
law,which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter
119.07("Public Records Law"). The City shall permit public access to all documents,papers, letters or other material
submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter
119.07 of the Florida Statutes.
Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the
Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant
to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims
is Trade Secret information and exempt from Florida Statutes Chapter 119.07("Public Records Laws"), the Proposer shall
clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer
must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of
whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's
determination of whether an exemption applies shall be final,and the proposer agrees to defend, indemnify, and hold
harmless the city and the city's officers,employees,and agent,against any loss or damages incurred by any person or
entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright
protection in full or in part will be rejected.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO
NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE
RFP OR ANY PART THEREOF AS COPYRIGHTED.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or
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employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances
relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in
disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any
business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part
of bids,and to waive minor irregularities or variations to specifications contained in bids,and minor irregularities in the
bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual
item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to
the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB
and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the
responsibility of the Bidder,the following shall be considered when aoolicable: the ability,capacity and skill of the Bidder to
perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference;
the character,integrity, reputation,judgment,experience and efficiency of the Bidder;the quality of past performance by the
Bidder;the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's
financial resources;the availability,quality and adaptability of the Bidder's supplies or services to the required use;the ability
of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid.
If the ITB provides for a contract trial period,the City reserves the right, in the event the selected bidder does not perform
satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder
has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the
contract is re-bid,at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations,
shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all
claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its
officers,employees and authorized representatives,or any other person, natural or otherwise;and lack of knowledge by
any bidder shall not constitute a cognizable defense against the legal effect thereof.
3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT
AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY
APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION(DIRECTOR),BY
DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE(5)DAYS AFTER A NOTICE OF INTENT TO
AWARD IS POSTED ON THE CITY'S WEB SITE AT THE FOLLOWING LINK:
http://www.fortlauderdale.gov/purchasing/notices_of_intent.htm
THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK:
http://www.fortlauderdale.gov/purchasing/protestordinance.pdf
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15)
working days after notification of award,furnish to the City a Performance Bond, payable to the City of Fort Lauderdale,
Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions
of the contract. If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City
thirty(30)days prior to the termination date of the existing Performance Bond.The Performance Bond must be executed by
a surety company of recognized standing,authorized to do business in the State of Florida and having a resident agent.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not
intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the
Contractor to the City in the event of a material breach of this Agreement by the Contractor.
4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the
Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in
Special Conditions.
The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of
approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The
Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an
ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of
cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of
the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting
the bid,agrees to abide by such modifications.
PART V PURCHASE ORDER AND CONTRACT TERMS:
5.01 COMPLIANCE TO SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid
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specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's
expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or
late delivery may also result in:
Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be
recommended for any award during that period.
All City Departments being advised to refrain from doing business with the Bidder.
All other remedies in law or equity.
5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of
the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must
comply fully with the terms of the ITB,be of the required quality,new,and the latest model. All containers shall be suitable
for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not
accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's
expense. Payment will be made only after City receipt and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the
Occupation Safety and Health Act of 1970 as amended,and be in compliance with Chapter 442,Florida Statutes. Any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be
accompanied by a completed Safety Data Sheet(SDS).
5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder, by virtue of bidding, certifies that if
awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free.
5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may,if the bidder
has sufficient capacity or quantities available, provide to other governmental agencies, so requesting,the products or
services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B.
delivered to the requesting agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor
as a result of any discussions with any City employee. Only those communications which are in writing from an authorized
City representative may be considered. Only written communications from Contractors,which are assigned by a person
designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of
Contractors.
5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services
provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as
officers, employees, or agents of the City. Personnel policies,tax responsibilities,social security, health insurance,
employee benefits,procurement policies unless otherwise stated in this ITB,and other similar administrative procedures
applicable to services rendered under this contract shall be those of the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend, indemnify,and hold harmless the
City of Fort Lauderdale and its officers,employees and agents from and against any and all losses,penalties,damages,
settlements,claims,costs,charges for other expenses,or liabilities of every and any kind including attorney's fees, in
connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any
agreement that may arise due to the bidding process. Without limiting the foregoing,any and all such claims,suits,or other
actions relating to personal injury,death, damage to property, defects in materials or workmanship, actual or alleged
violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be
included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon
written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or
parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to
the City by reason of such default and termination. In the event of such termination,any completed services performed by
the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be
entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor,however,
shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by
the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the
amount of damages due to the City from the Contractor can be determined.
5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City,to cancel
contract by giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation.
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the
availability of funds appropriated in a current fiscal period,and continuation of the contract into a subsequent fiscal period is
subject to appropriation of funds,unless otherwise authorized by law.
5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in
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accordance with generally accepted accounting practices and standards for records directly related to this contract. The
Contractor agrees to make available to the City Auditor or designee,during normal business hours and in Broward,Miami-
Dade or Palm Beach Counties,all books of account, reports and records relating to this contract should be retained for the
duration of the contract and for three years after the final payment under this Agreement, or until all pending audits,
investigations or litigation matters relating to the contract are closed,whichever is later.
5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all
licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations
applicable to business to be carried out under this contract.
5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordinances
rules and regulations that would apply to this contract.
5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in the operations
conducted under this contract.
5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are
restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the
contract occur,and those circumstances significantly affect the Contractor's cost in providing the required prior items or
services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The
circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The
City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are
considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept
the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following
options:
1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to
the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date
contained in the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until
the termination of the contract term then in effect.
3. If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use
this section of the contract to relieve them of a legitimate obligation under the contract,and no unusual circumstances
had occurred,the City reserves the right to take any and all action under law or equity. Such action shall include,but
not be limited to,declaring the Contractor in default and disqualifying him for receiving any business from the City for a
stated period of time.
If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives
notice in writing signed by a person authorized to bind the City in such matters.
5.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in
accordance with Florida State Statutes,prior to entering into a contract with the City.
5.18 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its
employees from liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented
or un-patented invention, process,or article manufactured or used in the performance of the contract,including its use by
the City. If the Contractor uses any design,device,or materials covered by letters,patent or copyright,it is mutually agreed
and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design,
device,or materials in any way involved in the work.
5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent
of the City. Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable
except with the prior written approval of the City Commission or the City Manager or City Manager's designee,depending on
original award approval.
5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts
shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the
Southern District in and for the State of Florida.
5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation, requests the
location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any
person or entity providing a facility locating service, and underground facilities are marked with paint, stakes or other
markings within the City pursuant to such a request,then the Contractor,shall be deemed non-responsive to this solicitation
in accordance with Section 2-184(5)of the City of Fort Lauderdale Code of Ordinances.
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5.22 PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT : ( 954 -828-5002,
PRRCONTRACT@FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH
ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301)
Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by the City in
order to perform the service.
2. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes (2016), as may be amended or
revised, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of this contract if the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of
the Contractor or keep and maintain public records required by the City to perform the service. If the
Contractor transfers all public records to the City upon completion of this Contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon completion of this
Contract, the Contractor shall meet all applicable requirements for retaining public records.All records
stored electronically must be provided to the City, upon request from the City's custodian of public
records, in a format that is compatible with the information technology systems of the City.
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City of Fort Lauderdale Bid 975-11940
NON-COLLUSION STATEMENT:
By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion.
Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such
officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is
in a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or
requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to
this procurement is presumed, for purposes hereof, to be in a position to influence this procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of
the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the
contract is awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in
which they or their immediate family members hold a controlling financial interest (e.g. ownership of
five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting
with the City subject to the same general rules.
Failure of a vendor to disclose any relationship described herein shall be reason for
debarment in accordance with the provisions of the City Procurement Code.
NAME RELATIONSHIPS
N/A N/A
ll-
N/A N/A
N/A
N/A
In the event the vendor does not indicate any names, the City shall interpret this to mean that the
vendor has indicated that no such relationships exist.
SIGNATURE
4/7/2017 2:49 PM p•41
City of Fort Lauderdale Bid 975-11940
LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT
The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further
certifies and agrees that it will re-affirm it's local preference classification annually no later than thirty(30)calendar days prior to the
anniversary of the date of a contract awarded pursuant to this ITB.Violation of the foregoing provision may result in contract termination.,:
is a Class A Business as defined in City of Fort Lauderdale Ordinance No.C
12-04, Sec.2-199.2. A copy of the City of Fort Lauderdale current year
Business Tax Receipt and a complete list of full-time employees and
(1) evidence of their addresses shall be provided within 10 calendar days of a
formal request by the City.
Business Name r
is a Class B Business as defined in the City of Fort Lauderdale Ordinance No.
C-12-04,Sec.2-199.2.A copy of the Business Tax Receipt or a complete list of
(2) Colliers International full-time employees and evidence of their addresses shall be provided within
10 calendar days of a formal request by the City.
Business Name
is a Class C Business as defined in the City of Fort Lauderdale Ordinance No.
C-12-04, Sec.2-199.2. A copy of the Broward County Business Tax Receipt
(3) _ shall be provided within 10 calendar days of a formal request by the City.
Business Name
requests a Conditional Class A classification as defined in the City of Fog 4"
(4) Lauderdale Ordinance No. C-12-04, Sec.2-199.2.Written certification of intent
shall be provided within 10 calendar days of a formal request by the City.
Business Name
requests a Conditional Class B classification as defined in the City of Fog
(5) Lauderdale Ordinance No. C-12-04,Sec.2-199.2.Written certification of intent
shall be provided within 10 calendar days of a formal request by the City.
Business Name
is considered a Class D Business as defined in the City of Fort Lauderdale „
Ordinance No. C-12-04, Sec.2-199.2. and does not qualify for Local
(6) __. Preference consideration.
Business Name
BIDDER'S COMPANY:
AUTHORIZED Ken Krasnow
COMPANY
PERSON:
NAME SIGNATURE DATE
f
i
4/7/2017 2:49 PM p.42
City of Fort Lauderdale Bid 975-11940
CONTRACT PAYMENT METHOD BY P-CARD
THIS FORM MUST BY SUBMITTED WITH YOUR RESPONSE
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor
of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for
checks to be printed and mailed.
Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms
must presently have the ability to accept credit card payment or take whatever steps
necessary to implement acceptance of a credit card before the commencement of a contract.
Please indicate which credit card payment you prefer:
❑ Master Card
❑■ Visa Card
Company Name: Colliers International
Ken Krasnow
Name (Printed) Signature
Executive Managing Director&Market Leader
Date: Title
4/7/2017 2:49 PM p.43
City of Fort Lauderdale Bid 975-11940
BID/PROPOSAL CERTIFICATION
Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will
prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant
the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in
that field.
If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of
state,
in accordance with Florida Statute§607.1501 (visit http://www.dos.state.fl.us/).
Company: (Legal Registration) Colliers International
Address: 200 East Broward Boulevard Suite 120
City: Fort Lauderdale State: FL Zip: 33301
Telephone NO. 954-652-4600 FAX N0. 954 652 4637 Emall: Ken.Krasnow@colliers.com
Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions):
Total Bid Discount (section 1.05 of General Conditions):
Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE ❑WBE ❑
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received
and are included in the proposal:
Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued
VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or
requirement in this competitive solicitation you must specify such exception or variance in the space provided
below or reference in the space provided below all variances contained on other pages within your response.
Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the
response submitted unless such is listed and contained in the space provided below. The City does not, by
virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below
space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not
have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must
also click the "Take Exception" button.
4/7/2017 2:49 PM p.44
City of Fort Lauderdale Bid 975-11940
The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated
subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in
the bid/proposal. I have read all attachments including the specifications and fully understand what is required.
By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers
all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue
of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct,
indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this
competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits,
evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars($500.00).This
limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance
contained in this competitive solicitation.
Submitted by:
Ken Krasnow
Name (printed) Signature
�— Executive Managing Director&Market Leader
Date: Title
4/7/2017 2:49 PM p.45
City of Fort Lauderdale Bid 975-11940
Question and Answers for Bid #975-11940 - Real Estate Brokerage Services
Overall Bid Questions
There are no questions associated with this bid.
Question Deadline: Apr 24, 2017 5:00:00 PM EDT
4/7/2017 2:49 PM p.46
AGREEMENT FOR
REAL ESTATE BROKERAGE
AND
LEASE MANAGEMENT SERVICES
THIS AGREEMENT, made this 3 W-day of Quggs4 2017, is by and
between the City of Fort Lauderdale, a municipal corpo ation of the state of Florida,
("City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, FL 33301-1016,
and Colliers International South Florida, LLC, a Delaware limited liability company
authorized to transact business in the State of Florida ("Contractor" or "Company').
whose address and phone number are 200 Broward Boulevard, Suite 120, Fort
Lauderdale, FL 33301, Phone: 954 652-4600, Fax: 954-652-4637, Email:
ken.krasnow@colliers.com.
colliers.com.
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein and other good and valuable consideration, the City and the Contractor
covenant and agree as follows:
WITNESSETH:
1. DOCUMENTS
The following documents (collectively "Contract Documents") are hereby incorporated
into and made part of this Agreement(Form P-0001):
(1) Request for Proposal No. 975-1 1 940, Real Estate Brokerage Services, including
any and all addenda, prepared by the City of Fort Lauderdale, ("RFP"or"Exhibit A").
(2) The Contractor's Response to the RFP, dated April 28,2017, ("Exhibit B").
(3) Schedule 1.
All Contract Documents may also be collectively referred to as the "Documents." In the
event of any conflict between or among the Documents or any ambiguity or missing
specifications or instruction, the following priority is established:
A. First, specific direction from the City Manager(or designee)
B. Second,this Agreement(Form P-0001)dated Q J— 2017, and
any Addenda.
C. Third, Exhibit A, RFP No. 975-11940
D. Fourth, Exhibit B, Contractor's Response dated April 28,2017
Form P-0001
II. SCOPE
The Contractor shall perform the Work (as described in Schedule 1) and as set forth in
the Contract Documents with respect to those properties owned or leased by the City
("Facilities") except for those Facilities excluded in Schedule 1. No work under this
Agreement is authorized until a Notice to Proceed is issued by the City and accepted by
the Contractor.All Notices to Proceed shall be issued by the Contract Administrator.
Unless otherwise specified herein,the Contractor shall perform all Work identified in this
Agreement. The parties agree that the scope of services is a description of Contractor's
obligations and responsibilities, and is deemed to include preliminary considerations and
prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable
part of the work described that exclusion would render performance by Contractor
impractical, illogical, or unconscionable.
Contractor acknowledges and agrees that the City's Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify the Scope
of Services to be provided under this Agreement. For purposes of this Agreement,
Contract Administrator is the City Manager, or his designee.
By signing this Agreement, the Contractor represents that it has thoroughly reviewed the
documents incorporated into this Agreement by reference and that it accepts the
description of the Work and the conditions under which the Work is to be performed.
III. TERM OF AGREEMENT
The initial contract period shall commence on September 1, 2017, and shall end on
August 31, 2018. In the event the term of this Agreement extends beyond the end of any
fiscal year of City,to wit, September 30th, the continuation of this Agreement beyond the
end of such fiscal year shall be subject to both the appropriation and the availability of
funds. The City reserves the right to extend the contract for three (3) additional one (1)
year terms, providing all terms and conditions and specification remain the same, both
parties agree to the extension; and such extension is approved by the City Manager.
IV. COMPENSATION
The Contractor agrees to provide the services and/or materials as specified in the
Contract Documents at the cost specified in Schedule 1. It is acknowledged and agreed
by Contractor that this amount is the maximum payable and constitutes a limitation upon
City's obligation to compensate Contractor for Contractor's services related to this
Agreement. This maximum amount, however,does not constitute a limitation of any sort
upon Contractor's obligation to perfonn all items of work required by or which can be
reasonably inferred from the Scope of Services. Except as otherwise provided in the
solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses
related to its performance under this Agreement.
Form P-0001 2
V. METHOD OF BILLING AND PAYMENT
The method, amount, process and limitations on payment for Management Services
rendered unto the City and the entitlement to Brokerage Commissions are set forth in
Schedule 1.
VI. GENERAL CONDITIONS
A. Indemnification
Contractor shall protect and defend at Contractor's expense, counsel being subject
to the City's approval, and indemnify and hold harmless the City and the City's
officers, employees, volunteers, and agents from and against any and all losses,
penalties, fines, damages. settlements,judgments, claims,costs,charges, expenses,
or liabilities, including any award of attorney fees and any award of costs, in
connection with or arising directly or indirectly out of any act or omission by the
Contractor or by any officer, employee, agent, invitee, subcontractor, or
sublicensee of the Contractor or breach or violation of the terms of this
Agreement. The provisions and obligations of this section shall survive the
expiration or earlier termination of this Agreement and is not limited by insurance
coverage. To the extent considered necessary by the City Manager, any sums due
Contractor under this Agreement may be retained by City until all of City's claims
for indemnification pursuant to this Agreement have been settled or otherwise
resolved, and any amount withheld shall not be subject to payment of interest by
City.
B. Intellectual Property
Contractor shall protect and defend at Contractor's expense, counsel being subject
to the City's approval, and indemnify and hold harmless the City from and against
any and all losses, penalties, fines, damages, settlements,judgments, claims, costs.
charges, royalties, expenses, or liabilities, including any award of reasonable
attorney fees and any award of costs, in connection with or arising directly or
indirectly out of any infringement or allegation of infringement of any patent.
copyright, or other intellectual property right in connection with the Contractor's
or the City's use of any copyrighted, patented or un-patented invention, process.
article, material, or device that is manufactured, provided, or used pursuant to this
Agreement. If the Contractor uses any design, device, or materials covered by
letters, patent or copyright, it is mutually agreed and understood without exception
that the bid prices shall include all royalties or costs arising from the use of such
design,device, or materials in any way involved in the work.
C.Termination for Cause
The aggrieved party may terminate this Agreement for cause if the party in breach
has not corrected the breach within ten (10) days after written notice from the
aggrieved party identifying the breach. The City Manager may also terminate this
Agreement upon such notice as the City Manager deems appropriate under the
Form P-0001
circumstances in the event the City Manager determines that termination is
necessary to protect the public health or safety. The parties agree that if the City
erroneously. improperly or unjustifiably terminates for cause. such termination
shall be deemed a termination for convenience, which shall be effective thirty(30)
days after such notice of termination for cause is provided.
This Agreement may be terminated for cause for reasons including, but not
limited to, Contractor's repeated (whether negligent or intentional)
submission for payment of false or incorrect bills or invoices, failure to
perform the Work to the City's satisfaction; or failure to continuously
perform the work in a manner calculated to meet or accomplish the objectives
as set forth in this Agreement.
D. Termination for Convenience
The City reserves the right, in its best interest as determined by the City, to cancel
this contract for convenience by giving written notice to the Contractor at least
thirty (30) days prior to the effective date of such cancellation. In the event this
Agreement is terminated for convenience, Contractor shall be paid for any services
performed to the City's satisfaction pursuant to the Agreement through the
termination date specified in the written notice of termination. Contractor
acknowledges and agrees that he/she/it has received good, valuable and sufficient
consideration from City, the receipt and adequacy of which are hereby
acknowledged by Contractor, for City's right to terminate this Agreement for
convenience.
E. Cancellation for Unappropriated Funds
The City reserves the right, in its best interest as determined by the City, to cancel
this contract for unappropriated funds or unavailability of funds by giving written
notice to the Contractor at least thirty (30) days prior to the effective date of such
cancellation. The obligation of the City for payment to a Contractor is limited to the
availability of funds appropriated in a current fiscal period. and continuation of the
contract into a subsequent fiscal period is subject to appropriation of funds, unless
otherwise provided by law.
F. Insurance
The Contractor shall furnish proof of insurance requirements as indicated below.
The coverage is to remain in force at all times during the contract period. The
following minimum insurance coverage is required. The commercial general
liability insurance policy shall name the City of Fort Lauderdale, a Florida
municipality, as an "additional insured." This MUST be written in the description
section of the insurance certificate, even if there is a check-off box on the insurance
certificate. Any costs for adding the City as "additional insured" shall be at the
Contractor's expense.
Form P-0001 4
The City of Fort Lauderdale shall be given notice 30 days prior to cancellation or
modification of any required insurance. The insurance provided shall be endorsed
or amended to comply with this notice requirement. In the event that the insurer is
unable to accommodate, it shall be the responsibility of the Contractor to provide
the proper notice. Such notification will be in writing by registered mail, return
receipt requested and addressed to the Procurement Services Division.
The Contractor's insurance must be provided by an A.M. Best's "A-VIII" rated or
better insurance company authorized to issue insurance policies in the State of
Florida, subject to approval by the City's Risk Manager. Any exclusions or
provisions in the insurance maintained by the contractor that excludes coverage for
work contemplated in this solicitation shall be deemed unacceptable, and shall be
considered breach of contract.
Workers' Compensation and Employers' Liability Insurance
Limits: Workers' Compensation—Per Chapter 440, Florida Statutes
Employers' Liability-$500,000
Any firm performing work for or on behalf of the City of Fort Lauderdale must
provide Workers' Compensation insurance. Exceptions and exemptions will be
allowed, by the City's Risk Manager, if they are in accordance with Florida
Statutes.
Commercial General Liability Insurance
Covering premises-operations, products-completed operations, independent
contractors and contractual liability.
Limits: Combined single limit bodily injury/property damage $1,000,000.
This coverage must include, but not limited to:
a. Coverage for the liability assumed by the contractor under the
indemnity provision of the contract.
b. Coverage for Premises/Operations
c. Products/Completed Operations
d. Broad Form Contractual Liability
e. Independent Contractors
Automobile Liability Insurance
Covering all owned hired and non-owned automobile equipment.
Limits:Bodily injury $250,000 each person,
$500,000 each occurrence
Form P-0001 5
Property damage $100,000 each occurrence
Professional Liability(Errors& Omissions)
Contractor
Limits: $1,000,000 per occurrence
Certificate holder should be addressed as follows:
City of Fort Lauderdale
Procurement Services Division
100 North Andrews Avenue, Room 619
Fort Lauderdale, FL 33301
G. Environmental. Health and Safety
Contractor shall place the highest priority on health and safety and shall maintain
a safe working environment during performance of the Work. Contractor shall
comply, and shall secure compliance by its employees. agents, and
subcontractors, with all applicable environmental, health, safety and security laws
and regulations, and performance conditions in this Agreement. Compliance with
such requirements shall represent the minimum standard required of Contractor.
Contractor shall be responsible for examining all requirements and determine
whether additional or more stringent environmental, health, safety and security
provisions are required for the Work. Contractor agrees to utilize protective
devices as required by applicable laws, regulations, and any industry or
Contractor's health and safety plans and regulations, and to pay the costs and
expenses thereof, and warrants that all such persons shall be fit and qualified to
carry out the Work.
H. Standard of Care
Contractor represents that he/she/it is qualified to perform the Work, that
Contractor and his/her/its subcontractors possess current, valid state and/or local
licenses to perform the Work and that their services shall be performed in a
manner consistent with that level of care and skill ordinarily exercised by other
qualified contractors under similar circumstances. Contractor acknowledges that it
represents the City as a Single Agent which requires an undivided loyalty to the
City. Any transaction to a Transaction Broker, in which an expectation of
undivided loyalty, is no longer in effect shall require the consent of the City as
evidenced by an amendment to the Notice to Proceed and execution of the
disclosures in form and content acceptable to the City and as required by law.
Further,any transition to a Designated Sales Associate shall require the consent of
the City, as evidenced by an amendment to the Notice to Proceed, and execution
of the required disclosures.
Form P-0001 6
I. Rights in Documents and Work
Any and all reports. photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
City; and Contractor disclaims any copyright in such materials. In the event of
and upon termination of this Agreement, any reports, photographs, surveys, and
other data and documents prepared by Contractor, whether finished or unfinished,
shall become the property of City and shall be delivered by Contractor to the
City's Contract Administrator within seven (7) days of termination of this
Agreement by either party. Any compensation due to Contractor shall be
withheld until Contractor delivers all documents to the City as provided herein.
Performance of the services hereunder by Contractor shall not be deemed to be a
prohibition of, or interference with Contractor's provision of similar services to
third parties, provided that Contractor in so doing does not disclose any
confidential information of the City or disclose any documents or portions thereof
that would otherwise be exempt from the disclosure under the public records laws
of the State of Florida.
J. Audit Right and Retention of Records
City shall have the right to audit the books, records, and accounts of Contractor
and Contractor's subcontractors that are related to Contractor's work performed or
required to be performed under this Agreement. Contractor shall keep, and
Contractor shall cause Contractor's subcontractors to keep. such books, records,
and accounts as may be necessary in order to record complete and correct entries
related to this Agreement. All books, records, and accounts of Contractor and
Contractor's subcontractors shall be kept in written form, or in a form capable of
conversion into written form within a reasonable time. and upon request to do so.
Contractor or Contractor's subcontractor, as applicable, shall make same available
at no cost to City in written form.
Contractor and Contractor's subcontractors shall preserve and make available, at
reasonable times for examination and audit by City in Broward County, Florida,
all financial records, supporting documents, statistical records, and any other
documents pertinent to this Agreement for the required retention period of the
Florida public records law, Chapter 119, Florida Statutes,as may be amended from
time to time, if applicable, or, if the Florida Public Records Act is not applicable,
for a minimum period of three (3) years after termination of this Agreement. If any
audit has been initiated and audit findings have not been resolved at the end of the
retention period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida
public records law is determined by City to be applicable to Contractor and
Contractor's subcontractors' records. Contractor and Contractor's subcontractors
shall comply with all requirements thereof; however, Contractor and Contractor's
subcontractors shall violate no confidentiality or non-disclosure requirement of
either federal or state law. Any incomplete or incorrect entry in such books,
Form P-0001 7
records. and accounts shall be a basis for City's disallowance and recovery of any
payment upon such entry.
Contractor shall, by written contract, require Contractor's subcontractors to agree
to the requirements and obligations of this Section.
The Contractor shall maintain during the term of the contract all books of account.
reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
K. Public Entity Crime Act
Contractor represents that the execution of this Agreement will not violate the
Public Entity Crime Act, Section 287.133, Florida Statutes. as may be amended
from time to time, which essentially provides that a person or affiliate who is a
contractor, consultant. or other provider and who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to City, may not
submit a bid on a contract with City for the construction or repair of a public
building or public work, may not submit bids on leases of real property to City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with City,and may not transact any business with City
in excess of the threshold amount provided in Section 287.017, Florida Statutes, as
may be amended from time to time, for category two purchases for a period of 36
months from the date of being placed on the convicted vendor list. Violation of
this section shall result in termination of this Agreement and recovery of all
monies paid by City pursuant to this Agreement, and may result in debarment
from City's competitive procurement activities.
L. Independent Contractor
Contractor is an independent contractor under this Agreement. Services provided
by Contractor pursuant to this Agreement shall be subject to the supervision of the
Contractor. In providing such services, neither Contractor nor Contractor's agents
shall act as officers, employees, or agents of City. No partnership,joint venture,
or other joint relationship is created hereby. City does not extend to Contractor or
Contractor's agents any authority of any kind to bind City in any respect
whatsoever.
M. Inspection and Non-Waiver
Contractor shall permit the representatives of CITY to inspect and observe the
Work at all times.
The failure of the City to insist upon strict performance of any other terms of this
Agreement or to exercise any rights conferred by this Agreement shall not be
Form P-0001 8
construed by Contractor as a waiver of the City's right to assert or rely on any such
terms or rights on any future occasion or as a waiver of any other terms or rights.
N. Assignment and Performance
Neither this Agreement nor any right or interest herein shall be assigned.
transferred, or encumbered without the written consent of the other party. In
addition, Contractor shall not subcontract any portion of the work required by this
Agreement. City may terminate this Agreement, effective immediately, if there is
any assignment, or attempted assignment, transfer, or encumbrance, by Contractor
of this Agreement or any right or interest herein without City's written consent.
Contractor represents that each person who will render services pursuant to this
Agreement is duly qualified to perform such services by all appropriate
governmental authorities, where required, and that each such person is reasonably
experienced and skilled in the area(s) for which he or she will render his or her
services.
Contractor shall perform Contractor's duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of Contractor's
performance and all interim and final product(s) provided to or on behalf of City
shall be comparable to the best local and national standards.
In the event Contractor engages any subcontractor in the performance of this
Agreement, Contractor shall endeavor to ensure that all of Contractor's
subcontractors perform in accordance with the terms and conditions of this
Agreement. Contractor shall be fully responsible for all of Contractor's
subcontractors' performance, and liable for any of Contractor's subcontractors'
non-performance and all of Contractor's subcontractors' acts and omissions.
Contractor shall defend at Contractor's expense, counsel being subject to City's
approval or disapproval, and indemnify and hold City and City's officers.
employees, and agents harmless from and against any claim, lawsuit, third party
action, fine, penalty, settlement, or judgment, including any award of attorney fees
and any award of costs, by or in favor of any of Contractor's subcontractors for
payment for work performed for City by any of such subcontractors, and from and
against any claim, lawsuit, third party action, fine, penalty, settlement, or
judgment, including any award of attorney fees and any award of costs, occasioned
by or arising out of any act or omission by any of Contractor 's subcontractors or
by any of Contractor's subcontractors' officers, agents, or employees.
Contractor's use of subcontractors in connection with this Agreement shall be
subject to City's prior written approval, which approval City may revoke at any
time.
O. Conflicts
Contractor employees in a supervisory position with respect to the services shall
be collectively referred to as the "Key Contractor Personnel." For purposes of this
Agreement, "Key Contractor Personnel" shall include but is not limited to Ken
Form P-0001 9
Krasnow and Brooke Berkowitz. Upon issuance of a Notice to Proceed by the
City, the Contractor shall identify the team of professionals assigned to the work
described in the Notice to Proceed and whether any of the individuals have a
conflict of interest. Before proceeding with any work under the Notice to Proceed.
the conflict must be resolved to the satisfaction of the City which resolution may
include seeking a waiver from the City or replacing the team member with the
conflict. Neither Contractor nor any of Contractor's employees shall have or hold
any continuing or frequently recurring employment or contractual relationship
that is substantially antagonistic or incompatible with Contractor's loyal and
conscientious exercise of judgment and care related to Contractor's performance
under this Agreement. If, at any time, any Key Contractor Personnel actually
becomes aware that City is involved in any material way in any proposed
transaction whereby Contractor or an affiliate represents any other party to that
transaction, Contractor agrees to notify City promptly upon discovering such
facts. Upon discovery of such conflict, Contractor shall proceed no further with
the transaction on City's behalf until such time as the conflict is resolved to the
satisfaction of the City.
Contractor further agrees that none of Contractor's officers or Key Contractor
Personnel employees shall, during the term of this Agreement, serve as an expert
witness against City in any legal or administrative proceeding in which he, she, or
Contractor is not a party, unless compelled by court process. Further, Contractor
agrees that such persons shall not give sworn testimony or issue a report or
writing, as an expression of his or her expert opinion, which is adverse or
prejudicial to the interests of City in connection with any such pending or
threatened legal or administrative proceeding unless compelled by court process.
The limitations of this section shall not preclude Contractor or any persons in any
way from representing themselves, including giving expert testimony in support
thereof, in any action or in any administrative or legal proceeding.
In the event Contractor is permitted pursuant to this Agreement to utilize
subcontractors to perform any services required by this Agreement, Contractor
agrees to require such subcontractors, by written contract, to comply with the
provisions of this section to the same extent as Contractor.
P. Substitution of Personnel
In the event the Contractor wishes to substitute personnel, Contractor shall
propose personnel of equal or higher qualifications and all replacement personnel
are subject to City's prior written approval. In the event substitute personnel are
not satisfactory to the City and the matter cannot be resolved to the satisfaction of
the City,the City reserves the right to cancel the Contract for cause.
Form P-0001 10
Q. Schedule and Delays
Time is of the essence in this Agreement. By signing, Contractor affirms that it
believes the schedule to be reasonable; provided, however, the parties
acknowledge that the schedule might be modified as the City directs.
R. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth
herein was bargained for at arms-length and is agreed to by the parties in
exchange for quid pro quo, that each is substantial and important to the formation of
this Agreement and that each is, therefore. a material term hereof.
City's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
S. Compliance With Laws
Contractor shall comply with all applicable federal, state. and local laws, codes,
ordinances, rules, and regulations in performing Contractor's duties,
responsibilities,and obligations pursuant to this Agreement.
T. Severance
In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid or unenforceable, the provisions not having been found
by a court of competent jurisdiction to be invalid or unenforceable shall continue
to be effective.
U. Limitation of Liability
The City desires to enter into this Agreement only if in so doing the City can place
a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such
breach never exceeds the sum of $1,000. Contractor hereby expresses its
willingness to enter into this Agreement with Contractor's recovery from the City
for any damage action for breach of contract or for any action or claim arising
from this Agreement to be limited to a maximum amount of $1,000 less the
amount of all funds actually paid by the City to Contractor pursuant to this
Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to Contractor for damages
in an amount in excess of$1,000 which amount shall be reduced by the amount
Form P-0001 I1
actually paid by the City to Contractor pursuant to this Agreement, for any action
for breach of contract or for any action or claim arising out of this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon City's liability as set forth in
Section 768.28, Florida Statutes.
No representation or recommendation is or will be made by Contractor or its
subcontractors, agents or employees as to the legal sufficiency, legal effect, tax or
accounting consequences of any transaction or documentation.
V. Jurisdiction,Venue,Waiver,Waiver of Jury Trial
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for any lawsuit by either party
against the other party or otherwise arising out of this Agreement, and for any
other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for
Broward County, Florida, or in the event of federal jurisdiction, in the Southern
District of Florida, Fort Lauderdale Division.
In the event Contractor is a corporation organized under the laws of any province
of Canada or is a Canadian federal corporation, the City may enforce in the United
States of America or in Canada or in both countries a judgment entered against the
Contractor. The Contractor waives any and all defenses to the City's enforcement
in Canada of a judgment entered by a court in the United States of America.
W. Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Mayor-
Commissioner and/or City Manager, as determined by City Charter and
Ordinances, and Contractor or others delegated authority to or otherwise
authorized to execute same on their behalf.
X. Prior Agreements
This document represents the final and complete understanding of the parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The
parties agree that there is no commitment, agreement, or understanding concerning
the subject matter of this Agreement that is not contained in this written document.
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representation or agreement, whether oral or written.
Y. Payable Interest
Except as required and provided for by the Florida Local Government Prompt
Payment Act, City shall not be liable for interest for any reason, whether as
prejudgment interest or for any other purpose, and in furtherance thereof
Form P-0001 12
Contractor waives, rejects, disclaims and surrenders any and all entitlement it
has or may have to receive interest in connection with a dispute or claim based on
or related to this Agreement.
Z. Representation of Authority
Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute
this Agreement on behalf of such party and does so with full legal authority.
AA. Uncontrollable Circumstances ("Force Majeure")
The City and Contractor will be excused from the performance of their respective
obligations under this agreement when and to the extent that their performance is
delayed or prevented by any circumstances beyond their control including, fire,
flood, explosion, strikes or other labor disputes, act of God or public emergency,
war, riot, civil commotion, malicious damage, act or omission of any
governmental authority, delay or failure or shortage of any type of transportation,
equipment,or service from a public utility needed for their performance, provided
that:
(a) The non performing party gives the other party prompt written notice
describing the particulars of the Force Majeure including, but not limited to,
the nature of the occurrence and its expected duration, and continues to
furnish timely reports with respect thereto during the period of the Force
Majeure;
(b) The excuse of performance is of no greater scope and of no longer
duration than is required by the Force Majeure;
(c) No obligations of either party that arose before the Force Majeure causing
the excuse of performance are excused as a result of the Force Majeure;and
(d) The non-performing party uses its commercially reasonable efforts to
remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this
Section for a period in excess of two (2) months, provided that in extenuating
circumstances,the City may excuse performance for a longer term. Economic
hardship of the Contractor will not constitute Force Majeure. The term of the
agreement shall be extended by a period equal to that during which either
party's performance is suspended under this Section.
BB. Scrutinized Companies
Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D.
Form P-0001 13
Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida
Department of Transportation, 715 F.3d 1268 (11 th Cir. 2013), this Section
applies to any contract for goods or services of$1 million or more:
The Contractor certifies that it is not on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List and that it does not have business operations in Cuba or Syria
as provided in section 287.135, Florida Statutes, as may be amended or revised.
The City may terminate this Contract at the City's option if the Contractor is
found to have submitted a false certification as provided under subsection (5) of
section 287.135, Florida Statutes, as may be amended or revised, or been placed
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or has been
engaged in business operations in Cuba or Syria. as defined in Section 287.135,
Florida Statutes,as may be amended or revised.
CC. Public Records
Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, as may be
amended or revised,or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to the City, all public records in possession of the contractor upon
termination of this contract and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
City in a format that is compatible with the information technology
systems of the City.
(e) If Contractor or any contractor has questions regarding the application of
Chapter 119, Florida Statutes, to Contractor's duty to provide public
records relating to its contract, contact the CITY's custodian of public
records by telephone at 954-828-5002 or by e-mail at
PRRCONTRACT@FORTLAUDERDALE.GOV or by mail at 100
Form P-0001 14
North Andrews Avenue. Fort Lauderdale. FL 33301 Attention:
Custodian of Public Records.
IN WITNESS WHEREOF, the City and the Contractor execute this Contract as
follows:
CITY OTFO L UDE ALE
M
By:
Jo &"Jack' Se er, gayor
By:
L e R. Feld an, City Manager
Approved as to form:
Cynthia E t, City Attorne
Lynn Solomon, Assistant City Attorney
ATTEST: ar
Jeffrey A. Modarelli, City le
Form P-0001 15
ATTEST CONTRACTOR
By: Colliers International South Florida, LLC, a
Delaware limited liability company
Step a Rutchik, V ce resident
By:
rasnow, Vice President
(CORPORATE SEAL)
STATE OF F 10 r' i ClCA
COUNTY OF t&22,jfrJ
I— —'
The foregoing instrument was
acknowledged before me this day of P�t )st- , 2017, by Ken
Krasnow as Vice President for Colliers Internationa South Florida, LLC, a Delaware
limited liability company, authorized to transact business in the State of Florida. He is
personally known to me X or has produced as
identification and did not take an oath.
Notary Public,Sta a of Florida
(Signature of Notary taking
Acknowledgment)
ft IAGe4 Brooke J Berkowitz � � 1�, n -�I,-/t,o U3 r f L.
z Notary Public•Stale of Florida a of Notary+ l�Typed, '`� +c_
Commission#GG 28172
OFF�a� Expires 9.'812020 Printed or Stamped
My Commission Expires:q
Commission Number
Form P-0001 16
SCHEDULET 1 TO AGREEMENT FOR
REAL ESTATE BROKERAGE
AND
LEASE MANAGEMENT SERVICES
Management Fees and Brokerage Commissions
This Addendum establishes the method, amount, process, and limitations on payment of
Management Fees for management services rendered by Contractor to City and the
method of establishing the entitlement, amount, process, and limitations on the payment
of Brokerage Commission to Contractor for Contractors' brokerage services.
1. Broker Commission. In accordance with the Contractor's response to the RFP, the
Contractor shall be entitled to collect a Brokerage Commission of four (4%) percent
of the purchase price on the sale of all City owned assets in which a Notice to
Proceed which shall detail the scope of the project) is issued, the City is the Seller in
the transaction and the Contractor is the procuring cause. The fee shall be paid by the
Buyer without setoff, credit or deduction on the proceeds owed to the City in the
transaction provided the Buyer signs a purchase and sale agreement, in form and
content acceptable to the City, acknowledging its obligation to pay a commission to
Contractor. In addition, Contractor shall be entitled to earn a Brokerage Commission
of four(_4%) on all new leases in which a Notice to Proceed (which shall detail the
scope of the project) is issued by the City, the City is the Lessor and in which the
Contractor is the procuring cause. Both parties acknowledge this is not an"exclusive"
relationship and Contractor is only entitled to a Brokerage Commission according to
the conditions set forth herein. Notwithstanding this Agreement, commissions earned
on non-aviation airport leases are subject to limitations set forth in the City Charter
and resolutions approved by the City Commission in accordance therewith, as
regularly amended and updated. The current fees for Brokerage Services and
Management Services for Fort Lauderdale Executive Airport non-aviation Leases will
be provided at the time a Notice to Proceed is issued. The City shall not be obligated
to pay a commission on certain transactions and assets excluded from this Agreement
as set forth below. The City reserves the right to rescind a Notice to Proceed at any
time and remove the real property from any marketing activity or listing for sale or
lease Both parties acknowledge the commissions on new leases shall be paid to
Contractor over time from an Escrow Account (as defined below). With respect to
new Leases, the CONTRACTOR'S Brokerage Commission shall be a Lessee expense
which will be paid by the Lessee into the Escrow Account in equal periodic
installments together with Lessee's payment of rent. All Leases shall incorporate such
language that obligates Lessee to pay such a Brokerage Commission and shall be
presented to the City for review and approval. Upon termination of this Agreement
CONTRACTOR will be entitled to Brokerage Commission, if CONTRACTOR was
the procuring cause and other conditions set forth herein are satisfied.
Form P-0001 19
2. Management Fees. The Contractor shall be entitled to receive a management fee of
three (3%) percent for management services related to Leases in which the City is the
Landlord. The City shall issue a Notice to Proceed for all Leases in which the
Contractor is entitled to earn a Management Fee. The Contractor shall serve as the
fiscal and accounting agent for collection of rents under Leases in which the City is
the Lessor. It will collect the rents and provide a monthly accounting to the City of
the rents received, deposits held as well as other accounting information requested by
the City. Further, Contractor shall send written notice of delinquency, according to
the term of the applicable lease, to the Tenant in accordance with the Lease and the
City's policies and procedures. The fees on Leases shall be calculated on the Total
Rent which is defined as the aggregate of all rental paid and received as required
during the initial term of the Lease excluding any sums payable for taxes, operating
costs. insurance, cost of living and other pass through expenses. In the event the City
hires a third party to collect delinquent rents from its tenants, the Contractor shall not
be entitled to receive its Management Fee from the recovery of any delinquent rents
by the third party vendor.
2.1. CONTRACTOR is not entitled to a Management Fee from the CITY
where the CITY is the Lessee.
2.2. CONTRACTOR will collect the rents from the CITY's Lessees and retain
three (3.0%) percent of the Total Rents collected by CONTRACTOR as a Management
Fee. The rents collected by the CONTRACTOR shall be deposited in the
CONTRACTOR'S Escrow Account described below.
2.2.1. CONTRACTOR will "invoice' City's Lessees, and remittance of
rents shall be directly to CONTRACTOR. CONTRACTOR shall deposit all rents
collected into CONTRACTOR'S Escrow Account. All interest earnings shall be
disbursed to CITY on a quarterly basis as provided.
2.2.1.1 The term "Escrow Accounf' shall mean, throughout this
Agreement, an interest bearing Escrow Account held by CONTRACTOR for the
exclusive benefit of the CITY'S leasehold or real property sales transactions. The
funds on deposit in the Escrow Account shall not be co-mingled with funds from
other transactions of Contractor. CONTRACTOR shall not be entitled to retain
interest earnings on CITY'S funds placed into the Escrow Account.
2.2.2. Management Fees are paid only as rents are collected by
CONTRACTOR. If no rent is collected in any given calendar month, then
CONTRACTOR does not receive its Management Fee until such time as the rent
at issue is paid.
2.2.3. Rents collected from Lessees, less Management Fee, will be paid
to the CITY monthly by the last day of the month in which the rent was paid to
CONTRACTOR.
Form P-0001 20
2.2.4. CONTRACTOR shall provide CITY with a monthly accounting as
to (a) rents paid by CITY's Lessees and the Management Fee paid to Contractor
and(b) rents not paid by CITY's Lessees, and(c) interest earned.
2.3 Unless otherwise agreed by the CITY in writing, CONTRACTOR shall
not be responsible for the rendition of Management Services nor entitled to Management
Fees on transactions under the following leasing transactions where the CITY is the
Lessor.
2.3.1 CITY Charter Section 8.07, Leases with government entities or
agencies for governmental purposes
2.3.2 CITY Charter Section 8.08, Leases of parking spaces in parking
facilities owned or operated by the City.
2.3.3 CITY Charter Section 8.13, Leases to civic and charitable
organizations.
3. Excluded Transactions.
3.1 Unless otherwise agreed by the CITY in writing, CONTRACTOR shall
not be entitled to a Brokerage Commission on a transaction under the following
transactions:
3.1.1 CITY Charter Section 8.02, Sale of public lands and of public
property to public bodies.
3.1.2 CITY Charter Section 8.03, Acquiring right-of-way for purpose of
converting same to a public body.
3.1.3 CITY Charter Section 8.06, Leases at Bahia Mar, including leasing
of Bahia Mar.
3.1.4 CITY Charter Section 8.07, Leases with government entities or
agencies for governmental purposes.
3.1.5 CITY Charter Section 8.08, Leases of parking spaces in parking
Facilities owned or operated by the City.
3.1.6 CITY Charter Section 8.11, Sale of real property at Fort
Lauderdale Executive Airport.
3.1.7 CITY Charter Section 8.13, Leases to civic and charitable
organizations.
3.1.8 Fort Lauderdale Executive Airport Aviation Leases.
Form P-0001 21
3.2 The Brokerage Commission is paid by the Lessee, not by the CITY. In
order for the Contractor to receive its Brokerage Commission. the Lease must include a
written obligation of the Lessee to pay the Commission without setoff,reduction or credit
against the rents owed to the City and such rent shall be deemed Additional Rent under
the Lease. Until such time as the CONTRACTOR'S Brokerage Commission is paid in
full, CITY and CONTRACTOR agree that 50% of the rents (which shall include a
prorata portion of the Brokerage Commission) collected will be disbursed from the
Escrow Account to the CONTRACTOR and the other 50% of the rents collected will be
disbursed from the Escrow Account to the CITY. After the Brokerage Commission has
been paid in full from the rents collected under this Paragraph 2.2, then the additional
sums paid by Lessee under Paragraph 2.2.1 shall be disbursed out of the Escrow Account
to CITY with CONTRACTOR deducting a 3.0% Management fee as to such additional
sums paid by Lessee.
3.2.1 In the event a co-broker is involved in a sales or lease transaction.
CONTRACTOR'S Brokerage Commission will be reduced from 4.0% to 3.0%.
The co-broker may earn a Brokerage Commission to be paid as a Buyer Expense
or Lessee expense, which such co-broker's Brokerage Commission, shall not
exceed 3.0%. On a lease transaction, the combined or overall brokerage
commission shall not exceed 6.0%, shall be paid by the Lessee and paid into the
CONTRACTOR'S Escrow Account with each monthly (or periodic) installment
of rent.
3.2.2. 50% of each periodic rent installment (which shall include the
Brokerage Commission) shall be disbursed from the CONTRACTOR'S Escrow
Account to the CONTRACTOR and co-broker proportionate to their share of the
overall Brokerage Commission until such time as the overall Brokerage
Commission, not exceeding 6.0%, has been paid.
3.2.3 In the event the overall Brokerage Commission exceeds 6.0% in a lease
transaction, then the Lessee shall be responsible for that portion of the overall
Brokerage Commission exceeding 6.0% in which case the Lessee shall pay such
portion of the overall Brokerage Commission that exceeds 6.0% directly to the
co-broker, independent of any periodic installments of rent.
3.2.4 The other 50% of each periodic rent installment shall be disbursed from
the Escrow Account to CITY, less the 3.0% Management Fee. At such time as the
overall brokerage commission, not to exceed 6.0% is paid in full to the
CONTRACTOR and co-broker, then 100% of each periodic rent installment shall
be disbursed from the Escrow Account to CITY, less the Lease Management Fee
which will be retained by CONTRACTOR.
3.2.5 In the context of a sales transaction, the overall Brokerage Commission
shall be a Buyer's expense and shall be disbursed from the gross sales proceeds to
the CONTRACTOR and co-broker at the time of the closing on the sale.
Form P-0001 22
3.2.6 Upon payment in full to CONTRACTOR of the Brokerage Commission
earned by the CONTRACTOR on a Lease transaction, thereafter 100% of the
rents collected will be paid into the CONTRACTOR'S Escrow Account and
thereafter disbursed to the CITY, less the CONTRACTOR'S Management Fee.
3.2.7 Upon termination of this Agreement, 2.4.3 On renewal of an
existing Lease Agreement with an existing tenant that was negotiated by
CONTRACTOR and where CONTRACTOR was the procuring cause of the
Amended and Restated Lease Agreement and where the Lessee remains in
possession after expiration of a prior lease. the Brokerage Commission shall be
2.0% of the rents due under the initial term of the Amended and Restated Lease
Agreement. Contractor shall not collect a Brokerage Commission on renewal of a
Lease with an existing tenant where the initial Lease contained renewal provisions
or options to renew.
3.2.8 There is no Brokerage Commission paid by CITY to
CONTRACTOR on a Lease where the CITY is the Lessee. However,
CONTRACTOR may be paid a brokerage commission by the Landlord where the
CITY is the Lessee.
3.2.9 As to sales transactions in which the Brokerage Commission will
be paid by the Buyer, (i) the Resolution offering the property for sale or (ii) the
RFP, as authorized by the CITY and (iii) the terms and conditions of the sales
contract must specify that the Buyer will be responsible for the Brokerage
Commission in the event the CONTRACTOR is the procuring cause of the sale.
3.2.10 On the sale of surplus property by the CITY under City Charter
Section 8.04, where the CONTRACTOR initiated the "surplus property sale"
procedure in cooperation with of the CITY and pursuant to a Notice to Proceed,
then CONTRACTOR shall be presumed to be the procuring cause of the sale and
shall be entitled to a Brokerage Commission to be paid by the Buyer and the
Buyer's obligation to pay a Brokerage Commission shall be referenced in the
Resolution offering the surplus property for sale and shall be further referenced in
the Contract for Purchase and Sale. With respect to the Brokerage Commission
paid to the Contractor, the Buyer shall not be entitled to a credit, setoff or
reduction against the Purchase Price. In the absence of a reference to the
CONTRACTOR'S Brokerage Commission in the Resolution or Contract for
Purchase and Sale, there shall be no Brokerage Commission payable to
CONTRACTOR
3.2.11 CONTRACTOR shall perform a review and assessment of all CITY-
owned and/or underutilized property and make recommendations for the best use
of such properties as set forth in Section III of the RFP, Scope of Services.
CONTRACTOR shall follow the procedures set forth in the Scope of Services
Form P-0001 23
leading to the Strategic Report and Final Report. Such service shall be provided
at no charge to the City.
4. Advisory Services. In all instances a Notice to Proceed shall be issued and executed
by the CONTRACTOR for the use of advisory services by the CONTRACTOR
where the CONTRACTOR shall not be entitled to a Brokerage Commission. The
Hourly Rate by the CONTRACTOR shall be $150 per hour as submitted in the
CONTRACTOR'S Bid Submittal. The not to exceed number of hours of advisory
services shall be stated within the Notice to Proceed. Notwithstanding, the total
Advisory Services hours shall not exceed 500 hours during the term of this
Agreement. Advisory services shall include but is not limited to analyzing and
evaluating leases and other real estate documents, preparing lease summaries, data
collection, market analysis, cash flow projections. pro forma statements, financial
analysis, and such other advisory services set forth in the Notice to Proceed.
5. Additional Services. Contractor shall provide the following services at no charge to
the City: (1) Annual presentations, whether to staff or the City Commission,
regarding the state of the Fort Lauderdale-Broward County Real Estate Market, (2)
any and all reports as required under the RFP, (3) inventory of all City owned real
estate and (4) assessment and strategic plan for disposition of City owned real estate
or recommendations regarding real estate best practices, including management
protocols, acquisition of software or qualifications, skills, experience. training of
employees,or hiring practices for employees, vendors or subcontractors.
Form P-0001 24
EXHIBIT "A"
RFP No. 975-11940
Form P-0001 17
City of For[Lauderdale Bid 975-11940
Solicitation 975-11940
Real Estate Brokerage Services
Bid Designation: Public
CITY OF FORT LAUDERDALE
City of Fort Lauderdale
CAM 17-0807
EXHIBIT 3
5/23/2017 12:32 PM Page 1 of 46
P.1
City of Fort Lauderdale Procurement Services Division
100 N.Andrews Avenue,619.Fort Lauderdale,Florida 33301
954-828-5933 Fax 954-828-5576
www.fortlauderdale.gov
1 . ..
i
June 18, 2018
Colliers International South Florida, LLC
Attn: Ken Krasnow
200 Broward Blvd,;Suite 120
Fort Lauderdale, FL 33301
SUBJECT: Renewal of Term Contract for Real Estate Brokerage Services, RFP 975-11940,
Amendment 1
Dear Mr. Krasnow:
The subject Contract will expire on August 31,2018.
In accordance with the terms and conditions of the subject Contract, the Contract may, by
mutual consent of the parties, be renewed for an additional twelve (12) month.period. The City
would like to exercise the right to renew this Contract for an additional year effective September
1, 2018, at the existing pricing, terms and conditions.
Please indicate your approval of this offer by having an officer of your firm execute the
acceptance portion below and return this letter by email to' Lura Rogers at
lroaers®fortlauderdale.gov by June 25, 2018.
Upon execution below by your firm's authorized representative, this Amendment will be your
official notice that the Contract has been extended for one (1) year and no additional
documentation will be required. Please be sure any required Insurance Certificates are up to
date'and attached to your response.
Thank yo for your immediate attention to this matter.
Sincer I , ACCEPT;
r4�;-':
By
Lee R 'old an, ICMA-CM of'old, Sig ature
City Manager
Title
Date
Approved by:Jodi S.Hart,Manager of Procurement and Contracts
Uncontrolled in hard copy unless otherwise marked
WE BUILD COMMUNITY
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND COLLIERS
INTERNATIONAL SOUTH FLORIDA, LLC FOR REAL ESTATE BROKERAGE AND
LEASE MANAGEMENT SERVICES UNDER THE CITY OF FORT LAUDERDALE,
FLORIDA AGREEMENT (BID 975-11940)
This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a
Florida municipal corporation, (the "CITY") with an address of 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, and Colliers International South Florida, LLC, a
Delaware limited liability company authorized to conduct business in Florida ("Contractor"),
with a mailing address of 200 Broward Boulevard, Suite 120, Fort Lauderdale, FL 33301.
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon,the parties agree to the following:
1. The agreement dated August 31, 2017 between the Contractor and the City of Fort
Lauderdale and any amendment(s) to it, under an award by the City of Fort Lauderdale
related to Bid 975-11940 and the contract renewal letter dated June 20, 2018, copies of
which are attached as composite Exhibit "A" (the "Fort Lauderdale Agreement"), are
made a part of and are incorporated into this Agreement by this reference, and shall be
considered as part of this Agreement between the CITY, and the Contractor; provided,
however, that if Contractor contracts with any other governmental agency in the South
Florida area and service rates are lower than those afforded to the City of Fort
Lauderdale, or any city in the area for these same services, then Contractor shall provide
such lower service rates to the CITY.
2. The goods and services to be provided consist of real estate brokerage and lease
management services related to the re-use of the Dania Beach Grill building, plans for a
new beach restaurant, Dania Beach Ocean Park Master Plan and any other projects
assigned through a Notice to Proceed. No work under this Agreement is authorized until
a Notice to Proceed is issued by the City and accepted by the Contractor. All Notices to
Proceed shall be issued by the Contract Administrator. The Contract Administrator for
purposes of this Agreement is the City Manager(or her respective designee).
3. All notices to the CITY shall be addressed as follows:
City of Dania Beach,Florida
100 West Dania Beach Boulevard,
Dania Beach, Florida 33004
Attention: Ana M. Garcia, ICMA-CM, City Manager
4. The term of this Agreement shall be through and including August 31, 2019. All parties,
upon mutual agreement, have the option to renew for a one (1)year period.
5. That despite any provision which is or may be to the contrary in the Agreement, no fees
or brokerage commissions of any kind will be paid by the CITY.
1
6. That in all other respects, the terms and conditions of the Fort Lauderdale Agreement
apply to this Agreement.
IN WITNESS of the foregoing, the parties have executed this Agreement on
, 2019.
ATTEST: CITY:
CITY OF DANIA BEACH,
a public body corporate and politic
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO FORM AND
CORRECTNESS ANA M. GARCIA, ICMA-CM
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
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WITNESSES: CONTRACTOR:
COLLIERS INTERNATIONAL SOUTH
FLORIDA,LLC,
a Delaware limited liability company
Signature Signature
PRINT Name PRINT Name
Signature Title
Dated: , 2019
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on 2019,
by , as of Colliers International South
Florida, LLC, a Delaware limited liability company authorized to conduct business in Florida, on
behalf of the company. He/she is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
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