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PSA with CBRE, Inc.PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CBRE, INC. FOR REAL ESTATE BROKERAGE SERVICES, PURSUANT TO RFQ 2016 -152 -WG This P o essional Services Agreement ("Agreement") is entered into this a l day of ac beK , 20 /7 , between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and CBRE, Inc., a corporation, whose corporate address is 400 South Hope Street, 26th Floor, Los Angeles, California 90071; and whose local address is 777 Brickell Avenue, Miami, Florida 33131 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism, Culture and Economic Development Department Director. Consultant: Services: Fee: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2016 -152 - WG for REAL ESTATE BROKERAGE SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement RFQ, and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A", sections! and 11, hereto (the "Services"). Although Consultant may be provided with a schedule of the available hours to provide its services, the City shall not control nor have the right to control the hours of the services performed by the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by the Consultant shall be to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, Consultant should contact the following person: Tourism, Culture and Economic Development City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager E-mail: MarkMilisits(a�miamibeachfl.gov 2.2 City may assign work to the Consultant on a project by project or individual lease basis. Consultant shall only commence any Services, or portions thereof, upon issuance of a written notice to proceed by the City. The City Manager shall have the delegated authority to accept, approve, and authorize additional real estate services for up to an amount not -to -exceed $50,000.00. Any additional real estate services in excess of $50,000 shall be subject to City Commission approval. Any additional real estate services not executed in accordance herewith shall be null and void. 2.3 NON -EXCLUSIVITY This Agreement is non-exclusive. The City reserves the right, at its sole discretion, to cause for the Services or any portion thereof, for any City facility or proposed lease, to be performed by any other broker or contractor, or to perform the work with its own employees. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of three (3) years, with two (2), one (1) year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. 2 SECTION 4 FEE / COMMISSION 4.1 Commissions paid to the Consultant for Services within the scope, as stipulated on Exhibit A, Sections 1 and 11 of this agreement, shall be based on the net aggregate base rent (not including operating expenses or pass through expenses) of no more than five (5) years of the initial term of the lease ("Base Rent"). 4.2 The Commission shall be four percent (4%) of the Base Rent, payable to the Consultant in two payments, fifty percent (50%) upon lease execution and fifty percent (50%) upon occupancy of the premises by tenant and rent commencement. In the event tenant is represented by a broker, Consultant shall be paid three percent (3%) of the Base Rent, and tenant's broker shall be paid three percent (3%) of the Base Rent. 4.3 Other / Additional Real Estate Services may be negotiated, as stated on Exhibit A, Section 111, of this Agreement. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, the Purchase Order Number (PO No.), and shall be submitted to the City at the following address: Accounts Payable Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it 3 deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 4 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: A. Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability Insurance in an amount not less than $1,000,000.. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability for all owned, non -owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. The Consultant's Risk Management Department shall be responsible for providing written notice to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in any policy. A letter from the Consultant's insurance broker referencing the policy number(s) and paid status will be provided upon renewal of each policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement in favor of the City. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY 5 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 the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damages from any action for breach of contract to be limited to a maximum amount of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami -Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub -consultants, without the prior written consent of the City Manager. 6 SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NON-DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST 7 Consultant herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the Employer. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City 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 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 the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant 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. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. 8 (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE 9 MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(" NIAMIBEACHFL.GOV PHONE: 305-673-7411 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S, Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: TO CITY: With a Copy to: CBRE, Inc. 777 Brickell Avenue Miami, FL 33131 Attn: Shay Pope, Senior Vice President City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Jimmy L. Morales, City Manager City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY 10 If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: Date: CITY OF MIAMI BEACH, FLORIDA FOR CONSULTANT: ATTEST: Print Name and Tit Date: )0h iir-7 12 ayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney (LAI" Date CBRE, INC Print Na e and Title EXHIBIT A SCOPE OF SERVICES I, Consultant is expected to provide customary real estate services to the City for City -owned facilities. Broker(s) shall at a minimum have five (5) years of leasing experience representing landlords or owners of real estate within the City Miami Beach, including, but not limited to the following: s Procuring tenants and assisting in negotiating leases for available various types of properties, such as office, retail, and restaurant facilities. • Developing and implementing marketing/advertising and leasing plan(s) for the Facilities. ♦ Providing Comparative Market Analysis ♦ Consulting on the marketability of future City developments s Lease Analysis and due diligence regarding prospective tenants. ♦ Samples of standard report(s) along with the reporting period of marketing, advertising, and other activities involving prospective tenants for the landlords. • Any other relevant experience. 11. Specifications: Services provided by the consultant shall include, but not be limited to, the following: • Provisions for Broker to provide a full and detailed Marketing plan for a Facility including a marketing budget and expense schedule within thirty (30) days of being assigned said Facility by the City. If marketing plan is accepted, City will bear approved marketing expenses. • Show the Facility to interested parties • Assist in negotiating the terms of the Agreement with Tenant. • Advise City regarding valuation of the Facilities. City will obtain appraisal of the Facilities, at its sole cost, if the City so desires. • While assigned Facilities are vacant, Broker will provide monthly reports of marketing, advertising, and other activities involving potential tenants for those Facilities. Reports will be standardized and submitted as exhibited in the Agreement. • Transferring the account to a different Broker without the City's approval is grounds for termination without cause of the Agreement by the City. • All other Terms, Commissions, and conditions as stated in Appendix D of the RFQ. 13 • All real estate transactions to be processed with approval of the City and in accordance with applicable rules, regulations and ordinances of the City of Miami Beach. • Commission will only be paid to successful Broker and Co -Broker upon execution of a lease agreement with a Tenant if procured by successful Broker. If Tenant is rejected by the City for any reason or if negations are unsuccessful in executing a lease agreement with Tenant, the City shall not be liable for any costs, claims, or commissions associated with procuring potential Tenants. • The City reserves the right to delete or cancel any portion or all services provided for in the agreement for any or all Facilities at any time without cause and for convenience. If such right is exercised by the City, it shall compensate for costs associated with the partial termination of the agreement on the basis of the estimated percentage of completion, as reasonably determined by the City. Consultant and the City may agree on modifications or revisions to the task elements after the City has assigned a facility to the Broker and a budget has been established for that task or project. The Broker will submit a revised budget to the City for approval prior to proceeding with the work. 111. Other/Additional Real Estate Services: The City may purchase additional services related to real estate management, support, operations, or other similar real estate related services. The City will provide a detailed scope of services, timelines for performance, business strategies, and desired pricing model for the service needed. Related real estate consulting and transactional services include, but may not be limited to: • Relocation Services • Project Management Services • Acquisition Services • Sale, lease, or disposition of properties • Trading and/or Swapping of properties • Strategic consulting • Real estate financial services • Facilities management services The Consultant will provide a quote in the format/method desired by the City, which can be either a commission based quote, a flat fee for service quote, or an hourly rate quote, at rates to be negotiated, and accepted by the City prior to commencing any work. The corresponding Department Director shall have the delegated authority to accept and approve additional real estate services for up to an amount not -to -exceed $50,000. Any additional real estate services in excess of $50,000 must be reviewed and approved by the City Manager. Any additional real estate services not executed in accordance herewith shall be null and void, 14 RESOLUTION 15 MIAMI BEACH Resolutions - C7 N COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FINAL NEGOTIATED AGREEMENTS BETWEEN THE CITY AND CBRE, INC. AND THE KONIVER STERN GROUP, RESPECTIVELY, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2016- 152 -WG (THE "RFQ") FOR REAL ESTATE BROKERAGE SERVICES; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENTS BETWEEN THE CITY AND CRBE, INC. AND KONIVER STERN GROUP, RESPECTIVELY, IN THE FORM ATTACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION. RECOMMENDATION Approve the Resolution. ANALYSIS On July 13, 2016, the Mayor and City Commission approved the issuance of 2016 -152 -WG, for Real Estate Brokerage Services. On August 30, 2016 the City received a total of two (2) proposals, one from CBRE, Inc., and the other from The Koniver Stern Group, Inc. On March 1, 2017, the Mayor and City Commission approved Resolution 2017-29785 accepting the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2016 -152 -WG (the RFQ), for Real Estate Brokerage Services, authorizing the Administration to enter into negotiations with both proposers; CBRE, Inc and The Koniver Stern Group, Inc.; and further requiring the administration to present the final agreement to the Mayor and City Commission for approval prior to execution. As directed by the City Commission, negotiations have been ongoing with the CBRE, Inc. and The Koniver Stern Group, Inc. Said negotiations resulted in the awarded firms providing customary real estate services to the City for City -owned facilities such as; procuring tenants and assisting in negotiating leases for available various types of properties, such as office, retail and restaurant facilities; developing and implementing marketing/advertising and leasing plans; providing comparative marketing analysis; consulting on the marketability of future City developments; lease analysis and due diligence regarding tenant; and sample standard reports, also with the reporting period of marketing, advertising, and other activities involving prospective tenants for the landlords. The Commission shall be four percent (4%) of the Base Rent, payable to the Consultant in two payments, fifty percent (50%) upon lease execution and fifty percent (50%) upon occupancy of the Page 507 of 2974 premises by tenant and rent commencement. In the event tenant is represented by a broker, Consultant shall be paid three percent (3%) of the Base Rent, and tenant's broker shall be paid three percent (3%) of the Base Rent. Therefore, after considering the results of the rankings pursuant to the RFQ, as well as subsequent negotiations agreed to by CBRE, Inc. and The Koniver Stern Group, Inc., I recommend that the City Commission approve the Resolution authorizing the Administration and the City Attorney's to finalize the Agreements with each of the proposers, CBRE, Inc. and The Koniver Stern Group, Inc., as negotiated by the Administration; and further authorize the Mayor and City Clerk to execute final agreements with each. CONCLUSION The City Manager recommends that the City Commission approve the Resolution authorizing the Administration and City Attorney's Office to finalize the agreements with both, CBRE, Inc. and The Koniver Stern Group, Inc., as negotiated by the Administration; and to further authorize the Mayor and City Clerk to execute final agreements with each. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term FINANCIAL INFORMATION No grant funds will be utilized for this pro ect. Legislative Tracking Tourism, Culture and Economic Development/Procurement ATTACHMENTS: Description o Resolution o CBRE Agreement o Koniver Stern Group Agreernent Page 508 of 2974 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FINAL NEGOTIATED AGREEMENTS BETWEEN THE CITY AND CBRE, INC. AND THE KONIVER STERN GROUP, RESPECTIVELY, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2016152 -WG (THE RFQ) FOR REAL ESTATE BROKERAGE SERVICES; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENTS BETWEEN THE CITY AND CRBE, INC. AND KONIVER STERN GROUP, RESPECTIVELY, IN THE FORM ATTACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION. WHEREAS, on July 13, 2016, the Mayor and City Commission approved the issuance of 2016 -152 -WG, for Real Estate Brokerage Services; and WHEREAS, on August 30, 2016 the City received a total of two (2) proposals, from CBRE, Inc., and The Koniver Stern Group, Inc.; and WHEREAS, on March 1, 2017, the Mayor and City Commission approved Resolution No, 2017-29785, accepting the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2016 -152 -WG (the RFQ), for Real Estate Brokerage Services; authorizing the Administration to enter into negotiations with each of the proposers, and providing that the final negotiated agreement shall be subject to the advance approval of the Mayor and City Commission; WHEREAS, the Administration has completed its negotiations, and recommends approval of the final agreements attached as an exhibit to the Commission Memorandum accompanying this Resolution; and WHEREAS, the Agreements will permit the City to use each of the firms to provide customary real estate services to the City for City -owned facilities, including procuring tenants and assisting in negotiating leases for available various types of properties, such as office, retail and restaurant facilities; developing and implementing marketing/advertising and leasing plans; providing comparative marketing analysis; consulting on the marketability of future City developments; lease analysis and due diligence regarding tenants, and other activities involving prospective tenants. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the final negotiated agreements between the City and CBRE, Inc. and The Koniver Stern Group, respectively, pursuant to Request for Qualifications No, 2016- 152 -WG (the RFQ) for Real Estate Brokerage Services; and authorize the Mayor And City Clerk to execute the agreements between the City and CBRE, Inc. and Koniver Stern Group, respectively, in the form attached to the Commission Memorandum accompanying this Resolution. Page 509 of 2974 PASSED AND ADOPTED this day of 2017. ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR T:'AGENDA\201 7V7- July\Procurement Department\RFQ2016-152-WG Rea tEstate Brokerage Services \RFQ 2017 -152 -WG - BAFO Resolution,doo APPROVED AS TO FORM & LANGUAGE & FOR EXECLMON Cly Attorney Page 510 of 2974 Date PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CBRE, INC.. FOR REAL ESTATE BROKERAGE SERVICES, PURSUANT TO RFQ 2016 -152 -WG This Professional Services Agreement ("Agreement") is entered into this day of , 20 , between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and CBRE, Inc., a corporation, whose corporate address is 400 South Hope Street, 26th Floor, Los Angeles, California 90071; and whose local address is 777 Brickell Avenue, Miami, Florida 33131 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism, Culture and Economic Development Department Director, Consultant: Services: Fee: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2016.152 - WG for REAL ESTATE BROKERAGE SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement RFQ, and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. 1 Page 511 of 2974 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A", sections 1 and II, hereto (the "Services"). Although Consultant may be provided with a schedule of the available hours to provide its services, the City shall riot control nor have the right to control the hours of the services performed by the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by the Consultant shall be to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, Consultant should contact the following person: Tourism, Culture and Economic Development City of Miami Beach 1755 Meridian Ave., 31.d Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager E-mail: MarkMilisits(a,miamibeachfl.gov 2.2 City may assign work to the Consultant on a project by project or individual lease basis. Consultant shall only commence any Services, or portions thereof, upon issuance of a written notice to proceed by the City. The City Manager shall have the delegated authority to accept, approve, and authorize additional real estate services for up to an amount not -to -exceed $50,000.00. Any additional real estate services in excess of $50,000 shall be subject to City Commission approval. Any additional real estate services not executed in accordance herewith °shall be null and void. 2.3 NON -EXCLUSIVITY This Agreement is non-exclusive. The City reserves the right, at its sole discretion, to cause for the Services or any portion thereof, for any City facility or proposed lease, to be performed by any other broker or contractor, or to perform the work with its own employees. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of three (3) years, with two (2), one (1) year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. 2 Page 512 of 2974 SECTION 4 FEE / COMMISSION 4.1 Commissions paid to the Consultant for Services within the scope, as stipulated on Exhibit A, Sections 1 and II of this agreement, shall be based on the net aggregate base rent (not including operating expenses or pass through expenses) of no more than five (5) years of the initial term of the lease ("Base Rent"). 4.2 The Commission shall be four percent (4%) of the Base Rent, payable to the Consultant in two payments, fifty percent (50%) upon lease execution and fifty percent (50%) upon occupancy of the premises by tenant and rent commencement. In the event tenant is represented by a broker, Consultant shall be paid three percent (3%) of the Base Rent, and tenant's broker shall be paid three percent (3%) of the Base Rent. 4.3 Other / Additional Real Estate Services may be negotiated, as stated on Exhibit A, Section III, of this Agreement. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, the Purchase Order Number (PO No.), and shall be submitted to the City at the following address: Accounts Payable Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it 3 Page 513 of 2974 deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 4 Page 514 of 2974 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: A. Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability Insurance in an amount not less than $1,000,000. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability for all owned, non -owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. The Consultant's Risk Management Department shall be responsible for providing written notice to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in any policy. A letter from the Consultant's insurance broker referencing the policy number(s) and paid status will be provided upon renewal of each policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement in favor of the City. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this. Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY 5 Page 515 of 2974 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 the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damages from any action for breach of contract to be limited to a maximum amount of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to this Agreement, Tess any amounts actually paid by the City as of the date of the alleged breach, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS COPYRIGHT, AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami -Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub -consultants, without the prior written consent of the City Manager. 6 Page 516 of 2974 SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NON-DISCRIMINATION. In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST 7 Page 517 of 2974 Consultant herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the Employer. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City 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 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 the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service, If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant 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. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. 8 Page 518 of 2974 (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119,10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed an its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE 9 Page 519 of 2974 MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADORMIAMIBEACHFL.GOV PHONE: 305-673-7411 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and, communications shall be addressed as follows: TO CONSULTANT: TO CITY: With a Copy to: CBRE, Inc, 777 Brickell Avenue Miami, FL 33131 Attn: Shay Pope, Senior Vice President City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Jimmy L. Morales, City Manager City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12A CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY 10 Page 520 of 2974 If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11 Page 521 of 2974 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Date: Rafael Granado, City Clerk Philip Levine, Mayor FOR CONSULTANT: ATTEST: By: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney fj . P Date CBRE, INC Print Name and Title Print Name and Title Date: 12 Page 522 of 2974 EXHIBIT A SCOPE OF SERVICES L Consultant is expected to provide customary real estate services to the City for City -owned facilities. Broker(s) shall at a minimum have five (5) years of leasing experience representing landlords or owners of real estate within the City Miami Beach, including, but not limited to the following: ♦ Procuring tenants and assisting in negotiating leases for available various types of properties, such as office, retail, and restaurant facilities. o Developing and implementing marketing/advertising and leasing plan(s) for the Facilities. s Providing Comparative Market Analysis • Consulting on the marketability of future City developments ♦ Lease Analysis and due diligence regarding prospective tenants, ♦ Samples of standard reports) along with the reporting period of marketing, advertising, and other activities involving prospective tenants for the landlords. ♦ Any other relevant experience. 11 Specifications: Services provided by the consultant shall include, but not be limited to, the following: • Provisions for Broker to provide a full and detailed Marketing plan for a Facility including a marketing budget and expense schedule within thirty (30) days of being assigned said Facility by the City. If marketing plan is accepted, City will bear approved marketing expenses. • Show the Facility to interested parties • Assist in negotiating the terms of the Agreement with Tenant. • Advise City regarding valuation of the Facilities. City will obtain appraisal of the Facilities, at its sole cost, if the City so desires, While assigned Facilities are vacant, Broker will provide monthly reports of marketing, advertising, and other activities involving potential tenants for those Facilities. Reports will be standardized and submitted as exhibited in the Agreement. • Transferring the account to a different Broker without the City's approval is grounds for termination without cause of the Agreement by the City. • All other Terms, Commissions, and conditions as stated in Appendix D of the RFQ, 13 Page 523 of 2974 • All real estate transactions to be processed with approval of the City and in accordance with applicable rules, regulations and ordinances of the City of Miami Beach. • Commission will only be paid to successful Broker and Co -Broker upon execution of a lease agreement with a Tenant if procured by successful Broker. If Tenant is rejected by the City for any reason or if negations are unsuccessful in executing a lease agreement with Tenant, the City shall not be liable for any costs, claims, or commissions associated with procuring potential Tenants. • The City reserves the right to delete or cancel any portion or all services provided for in the agreement for any or all Facilities at any time without cause and for convenience. If such right is exercised by the City, it shall compensate for costs associated with the partial termination of the agreement on the basis of the estimated percentage of completion, as reasonably determined by the City. Consultant and the City may agree on modifications or revisions to the task elements after the City has assigned a facility to the Broker and a budget has been established for that task or project. The Broker will submit a revised budget to the City for approval prior to proceeding with the work. III. Other/Additional Real Estate Services: The City may purchase additional services related to real estate management, support, operations, or other similar real estate related services. The City will provide a detailed scope of services, timelines for performance, business strategies, and desired pricing model for the service needed. Related real estate consulting and transactional services include, but may not be limited to: • Relocation Services • Project Management Services • Acquisition Services • Sale, lease, or disposition of properties • Trading and/or Swapping of properties • Strategic consulting • Real estate financial services • Facilities management services The Consultant will provide a quote in the format/method desired by the City, which can be either a commission based quote, a flat fee for service quote, or an hourly rate quote, at rates to be negotiated, and accepted by the City prior to commencing any work. The corresponding Department Director shall have the delegated authority to accept and approve additional real estate services for up to an amount not -to -exceed $50,000. Any additional real estate services in excess of $50,000 must be reviewed and approved by the City Manager. Any additional real estate services not executed in accordance herewith shall be null and void. 14 Page 524 of 2974 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE KONIVER STERN GROUP, INC. FOR REAL ESTATE BROKERAGE SERVICES, PURSUANT TO RFQ 2016 -152 -WG This Professional Services Agreement ("Agreement") is entered into this day of 20 , between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and THE KONIVER STERN GROUP, Inc., a corporation, whose corporate address is 1665 Washington Avenue, PH, Miami Beach, Florida 33139 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism, Culture and Economic Development Department Director. Consultant: Services: Fee: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2016 -152 - WG for REAL ESTATE BROKERAGE SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement RFQ, and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. 1 Page 525 of 2974 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A", sections I and II, hereto (the "Services"). Although Consultant may be provided with a schedule of the available hours to provide its services, the City shall not control nor have the right to control the hours of the services performed by the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by the Consultant shall be to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, Consultant should contact the following person: Tourism, Culture and Economic Development City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager E-mail: MarkMilisitsAmiamibeachfl.gov 2.2 City may assign work to the Consultant on a project -by -project or individual lease basis. Consultant shall only commence any Services, or portions thereof, upon issuance of a written notice to proceed by the City. The City Manager shall have the delegated authority to accept, approve, and authorize additional real estate services for up to an amount not -to -exceed $50,000.00. Any additional real estate services in excess of $50,000 shall be subject to approval by the City Commission, Any additional real estate services not executed in accordance herewith shall be null and void. 2.3 NON -EXCLUSIVITY This Agreement is non-exclusive. The City reserves the right, at its sole discretion, to cause for the Services or any portion thereof, for any City facility or proposed lease, to be performed by any other broker or contractor, or to perform the work with its own employees. SECTION 3 TERM The initial term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall expire on November 27, 2017. This Agreement may be renewed for an additional term of three (3) years, at the City Manager's sole option and discretion, provided that all requirements of the City Code are satisfied, including but not limited to Section 2-487 of the City Code ("First Renewal Term"). Prior to the expiration of the First Renewal Term, this Agreement may be renewed for an additional term of one (1) year, at the City Manager's sole option and discretion ("Second Renewal Term"). 2. Page 526 of 2974 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A", sections I and II, hereto (the "Services"). Although Consultant may be provided with a schedule of the available hours to provide its services, the City shall not control nor have the right to control the hours of the services performed by the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by the Consultant shall be to the reasonable satisfaction of the City Manager. If there are anyquestions regarding the services to be performed, Consultant should contact the following person: Tourism, Culture and Economic Development City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager E-mail: MarkMilisits@miamibeachfl.gov 2.2 City may assign work to the Consultant on a project -by -project or individual lease basis. Consultant shall only commence any Services, or portions thereof, upon issuance of a written notice to proceed by the City. The City Manager shall have the delegated authority to accept, approve, and authorize additional real estate services for up to an amount not -to -exceed $50,000.00. Any additional real estate services in excess of $50,000 shall be subject to approval by the City Commission. Any additional real estate services not executed in accordance herewith shall be null and void. 2.3 NON -EXCLUSIVITY This Agreement is non-exclusive. The City reserves the right, at its sole discretion, to cause for the Services or any portion thereof, for any City facility or proposed lease, to be performed by any other broker or contractor, or to perform the work with its own employees. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall expire on November 27, 2017. This Agreement may be renewed for a period of four (4) years, at the City Manager's sole option and discretion, provided that all requirements of the City Code are satisfied, including but not limited to Section 2-487 of the City Code. 2 Page 527 of 2974 SECTION 4 FEE / COMMISSION 4.1 Commissions paid to the Consultant for Services within the scope, as stipulated on Exhibit A, Sections I and II of this agreement, shall be based on the net aggregate base rent, not including operating expenses or pass through expenses, of no more than five (5) years of the initial term of the lease ("Base Rent"). 4.2 The Commission shall be four percent (4%) of the Base Rent, payable to the Consultant in two payments, fifty percent (50%) upon lease execution and fifty percent (50%) upon occupancy of the premises by tenant and rent commencement. In the event tenant is represented by a broker, Consultant shall be paid three percent (3%) of the Base Rent, and tenant's broker shall be paid three percent (3%) of the Base Rent. 4.3 Other / Additional Real Estate Services may be negotiated, as stated on Exhibit A, Section III, of this Agreement. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, the Purchase Order Number (PO No.), and shall be submitted to the City at the following address: Accounts Payable Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it 3 Page 528 of 2974 deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's. performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 4 Page 529 of 2974 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: A. Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability Insurance in an amount not less than $1,000,000. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability for all owned, non -owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida, This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S 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 the 5 Page 530 of 2974 compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damages from any action for breach of contract to be limited to a maximum amount of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami -Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub -consultants, without the prior written consent of the City Manager. 6 Page 531 of 2974 SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e, 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NON-DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and 7 Page 532 of 2974 Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the Employer. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City 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 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 the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. AH 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. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the 8 Page 533 of 2974 requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time, (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) if a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 9 Page 534 of 2974 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: TO CITY: With a Copy to: The Koniver Stern Group, Inc. 1665 Washington Avenue, PH Miami Beach, FL 33139 Attn: Lyle Stern, Director City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Jimmy L. Morales, City Manager City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Attn: Mark Milisits, Asset Manager Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 10 Page 535 of 2974 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11 Page 536 of 2974 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: Rafael Granado, City Clerk Date: FOR CONSULTANT: ATTEST: By: CITY OF MIAMI BEACH, FLORIDA Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ty Attorney ,e4 Date THE KONIVER STERN GROUP, INC Print Name and Title Print Name and Title Date: 12 Page 537 of 2974 EXHIBIT A SCOPE OF SERVICES I. Consultant is expected to provide customary real estate services to the City for City -owned facilities. Broker(s) shall at a minimum have five (5) years of leasing experience representing landlords or owners of real estate within the City Miami Beach, including, but not limited to the following: • Procuring tenants and assisting in negotiating leases for available various types of properties, such as office, retail, and restaurant facilities. • Developing and implementing marketing/advertising and leasing plan(s) for the Facilities. • Providing Comparative Market Analysis • Consulting on the marketability of future City developments • Lease Analysis and due diligence regarding prospective tenants. s Samples of standard report(s) along with the reporting period of marketing, advertising, and other activities involving prospective tenants for the landlords. • Any other relevant experience. IL Specifications: Services provided by the consultant shall include, but not be limited to, the following: • Provisions for Broker to provide a full and detailed Marketing plan for a Facility including a marketing budget and expense schedule within thirty (30) days of being assigned said Facility by the City. If marketing plan is accepted, City will bear approved marketing expenses. • Show the Facility to interested parties • Assist in negotiating the terms of the Agreement with Tenant. • Advise City regarding valuation of the Facilities. City will obtain appraisal of the Facilities, at its sole cost, if the City so desires. • While assigned Facilities are vacant, Broker will provide monthly reports of marketing, advertising, and other activities involving potential tenants for those Facilities. Reports will be standardized and submitted as exhibited in the Agreement. • Transferring the account to a different Broker without' the City's approval is grounds for termination without cause of the Agreement by the City. • All other Terms, Commissions, and conditions as stated in Appendix D of the RFQ. 13 Page 538 of 2974 • All real estate transactions to be processed with approval of the City and in accordance with applicable rules, regulations and ordinances of the City of Miami Beach. • Commission will only be paid to successful Broker and Co -Broker upon execution of a lease agreement with a Tenant if procured by successful Broker. If Tenant is rejected by the City for any reason or if negations are unsuccessful in executing a lease agreement with Tenant, the City shall not be liable for any costs, claims, or commissions associated with procuring potential Tenants. • The City reserves the right to delete or cancel any portion or all services provided for in the agreement for any or all Facilities at any time without cause and for convenience. If such right is exercised by the City, it shall compensate for costs associated with the partial termination of the agreement on the basis of the estimated percentage of completion, as reasonably determined by the City. Consultant and the City may agree on modifications or revisions to the task elements after the City has assigned a facility to the Broker and a budget has been established for that task or project. The Broker will submit a revised budget to the City for approval prior to proceeding with the work. 111. Other/Additional Real Estate Services: The City may purchase additional services related to real estate management, support, operations, or other similar real estate related services. The City will provide a detailed scope of services, timelines for performance, business strategies, and desired pricing model for the service needed. Related real estate consulting and transactional services include, but may not be limited to: • Relocation Services • Project Management Services • Acquisition Services • Sale, lease, or disposition of properties • Trading and/or Swapping of properties • Strategic consulting • Real estate financial services • Facilities management services The Consultant will provide a quote in the format/method desired by the City, which can be either a commission based quote, a flat fee for service quote, or an hourly rate quote, at rates to be negotiated, and accepted by the City prior to commencing any work. The corresponding Department Director shall have the delegated authority to accept and approve additional real estate services for up to an amount not -to -exceed $50,000. Any additional real estate services in excess of $50,000 must be reviewed and approved by the City Manager. Any additional real estate services not executed in accordance herewith shall be null and void. 14 Page 539 of 2974 SOLICITATION (RFQ) AND CORRESPONDING ADDENDA 16 MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 2 RFQ 2016 -152 -WG Real Estate Brokerage Services July 27, 2016 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. !. ANSWERS TO QUESTIONS RECEIVED Q1) Can you provide a copy of the sign in sheet for the Pre -submittal meeting held July 27, 2016? Al) Yes, please see attached. Any questions regarding this Department to the attention RafaeIGranado(a7miamibeachfl.a Addendum should be submitted in writing to the Procurement Management of the individual named below, with a copy to the City Clerk's Office at ov. Procurement Contact: William Garviso Telephone: 305-673-7000, ext. 6650 Email: WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Alex Denis Procurement Director 1 MIAMI BEACH CITY OF MIAMI BEACH PRF -PROPOS \L MEETING SIGN -IN SHEET DATE July 27, 2016 TITLE: RFQ 2016-152.WG Real Estate F3okeroeService5 N\ME (PLE.AsE PRINT) Arleta Kamyezek C:OMPANV E.NTALL Atti)itESg Procurement - CNITi anetakamyezekiihpiamihcachtlzpv 'CS'5,V-lterV11i"''' 61, .„,,C r ivocie.skit •wyr: 10. 2 MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 1 RFQ 2016 -152 -WG Real Estate Brokerage Services July 22, 2016 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. I. ANSWERS TO QUESTIONS RECEIVED Q1) With regards to the number of real estate broker(s) selected, does this contract anticipate any disposition (sale) of real estate owned by the City of Miami Beach and would the City be willing to employ a broker specifically for property sales as opposed for example, to property leasing? Our firm does not perform leasing brokerage activities. Al) This City is seeking a full service commercial real estate provider with an emphasis on leasing. Q2) Would the City consider competitive bidding sales, relative to the sale of City -owned real estate, to be an acceptable method of sale of the properties, or will it require traditional list/sell methods? A2) No, the City would not use an auction as the method of sale. Q3) Will the City consider the use of the "Buyer Premium" upon which the Buyer, rather than the Seller, pays our compensation? A3) No, the City will not accept a "Buyer Premium" method as broker compensation. Q4) Will the City consider the reimbursement of out-of-pocket advertising and marketing costs for the sale of its properties with no markup? A4) This RFQ did consider the possibility of other brokerage services, but it did not provide specifications for those services. The specific terms and conditions for those services would be negotiated at that time. Q5 Can the City provide a list of the City's leased and owned asset inventory? A5) See attached 2015 Inventory of City -Owned Property. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov. Procurement Contact: William Garviso Telephone: 305-673-7000, ext. 6650 Email: WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Alex Denis Procurement Director 1 REQUEST FOR QUALIFICA11O\S (RFQ) REAL ESTATE BROKERAGE SERVICES RFQ 2016 -152 -WG RFQ ISSUANCE DATE: JULY 14, 2016 STATEMENTS OF QUALIFICATIONS DUE: AUGUST 30, 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 305.673.7000 x 6650 1 www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 EVALUATION PROCESS 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 29 APPENDIX F INSURANCE REQUIREMENTS 31 RFQ 2016 -152 -WG 2 m MIAMI REACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposer to submit their Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase,com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ, Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City is seeking qualified and experienced commercial real estate broker(s) to provide customary real estate services including, but not limited to the marketing and leasing, landlord representation, and transaction consulting of City -owned offices, retail stores, restaurant facilities, and other City properties as needed. The City would prefer to work with a single broker but reserves the right to select multiple brokers in the best interest of the City, as determined by the City Manager. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: Solicitation Issued July 14, 2016 Pre -Submittal Meeting July 27, 2016 @ 10:O0AM Deadline for Receipt of Questions Monday, August 22, 2016 @ 3:00PM Responses Due Tuesday, August 30, 2016 @ 3:O0PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: William Garviso, CPPB Telephone: 305 673-6650 Email: WilliamGarviso . miamibeachfl,sov Additionally, the City Clerk is to be copied on all communications via e-mail at RafaelGranado@miamibeachfloov or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. REQ 2016 -152 -WG 3 CA MIAMI BEACH 5. PRE -PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre -proposal meeting or site visit(s) may be scheduled, A Pre -PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room C 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre -Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre - submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(c�miamibeachfl,gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl,gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE SECTIONS 2 107 THROUGH 2 110 RFQ 201 •-152- G MIAMIBEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -CERTIFIED SERVICE - DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS, This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code, 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County, 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities, For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred, 17. INTENTIONALLY OMITTED RFQ 2016-152 WG MIAMI BEACH 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise, 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. Postponement/Cancellation/Acceptance/Rejection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re -advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one -hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the RFQ 2016-152- G 6 MIAMIBEACH Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. 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 proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format, 29, COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of RFQ 2016-152- G 7 MIAMI BEACH knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties, Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract, Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof. 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre -award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach, E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to RFQ 2016 -152 -WG 8 el MIAMI C any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors, The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement, 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor, 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119,07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier, Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and RFQ 2016 -152 -WG MIAMIBEACH 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 public agency all public records in possession of the contractor upon termination of the 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 public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates, 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these RFQ 2016-152- G 10 ejA MIAMI BEACH quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page lntentonall Left Blank RFQ 2016-152- G MIAMI BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals, Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, Responses should list a minimum of five projects, within the last 5 years, which demonstrates the Broker's experience in providing the services as required under this RFQ. Please provide the following information for each sample project, a. Name of project b. Location c. Owner's name d. Contact information e. Reference letter f. Years of operation (term of contract) g. Total square footage h. Monthly vacancy rates during contract term i. Tenant mix - include categories of tenants (Office, restaurant, retail) PSF Gross rental rate(s) RFQ 2016 -152 -WG 12 PIAA BEACH k. Total gross annual revenue I. Annual marketing budget 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. TAB 3 Approach and Methodology Submit detailed information on the approach and methodology proposer plans to utilize to provide the City with full range of real estate brokerage services, including but not limited to services referenced in Section 0200, Paragraph 2. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub -consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFQ 2016-152- G 13 el MIAMI BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria, In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1 Qualitative Criteria Maximum Points Proposer Experience and Qualifications Approach and Methodology 50 50 TOTAL AVAILABLE STEP 1 POINTS. 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 = Quantitative Criteria Veterans Preference TOTAL AVAILABLE STEP 2 POINTS RFQ 2016 -152 -WG 14 MIAMI BEACH 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step Land 2 scores will be converted to rankings in accordance with the example below: Committee Member 1 Committee .. Member 2 Committee Member 2 Step 1 Points Step 2 Points Total Rank Step 1 Points Step 2 Points Total Rank Step 1 Points Step 2 Points Total Rank Low Aggregate Score Final Ranking* Proposer A 82 22 104 79 22 101 80 22 102 Proposer B 76 15 91 85 15 100 74 15 89 Proposer 80 12 92 72 12 84 66 12 78 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. RFQ 2016-152 G 15 APPENDIX A MIAMI BEACH Response Certification, Questionnaire & Requirements Affidavit RFQ 2016 -152 -WG REAL ESTATE BROKERAGE SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2016-152- G 16 Solicitation No: RFQ 2016 -152 -WG Solicitation Title: Real Estate Brokerage Services Procurement Contact: William Garviso, CPPB Tel: 305 673-7000 #6650 Email: williamgarviso@miamibeachf.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information, FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO,: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2016-152- G 17 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2, Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www,miamibeachfl.gov/procurement/. RFQ 2016 -152 -WG 18 7. o provide services pursuant to this Agreement, the hourly living w4 oscrs benefits -and $12.92/hr without benefits. • .. • .. - .. - - _ .. _' •• .. :o indexed annually for inflation using thc Consumer Price Index fo _ .. _. • _ •• . c, i,•sued by thc U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding thc preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index th- ' same (in a particular year). Proposers' failure to comply with this provision shall be dc his -proposal, under which thc City may, at-its-sele-eptienicnmediately deem said Proposer as non responsive, and may further subject Proposer to additional -penalties availabi ocurcment/. to the living wage roquircmcnt. e nal submittal is required. By virtue of executing this affidavit document, Proposer agrees 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach, A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C, Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation, Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl,gov/procurement/. RFQ 2016-152- G 19 9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation, Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. lfa Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 dditional confirmation of addendum is reauired. submit under separate cover. RFQ 2016-152- G 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Financial Capacity. At the request of the City, each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:/Isupplierportai.dnb.comlwebapp/wcs/storeslservletlSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800.424.2495. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that_any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation, By submission of a Statement of Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The RFQ 2016 -152 -WO 21 previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2016 -152 -WG 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer 's Authorized Representative: Title of Proposer 's Authorized Representative: Signature of Proposer 's Authorized Representative: Date: State of On this day of , 20 , personally appeared before me who County of stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: RFQ 2016 -152 -WG 23 APPENDIX B CLA MIAMIBEACH "No Bid" Form RFQ 2016 -152 -WG REAL ESTATE BROKERAGE SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Notaglirs important for those vendors who hrve received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. RFQ 2016 -152 -WG 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond _ Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB STATEMENTS OF QUALIFICATIONS #2016 -152 -WG 1755 Meridian Avenue, 3rd Floor MIAMI BEACH, FL 33139 RFQ 2016 -152 -WG 25 APPENDIX C m MIAMI BEACH Minimum Requirements & Specifications RFQ 2016 -152 -WG REAL ESTATE BROKERAGE SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2016 -152 -WG 26 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. Broker(s), Brokerage Team, or Team, defined as the specific broker(s) and/or sales associates from the brokerage firm submitted and assigned by the Bidder to manage the City's account. These terms shall be used interchangeably to refer to the team or broker managing the account. Facility or Facilities defined as offices, retail stores, restaurant facilities, and other City properties the City may have available for lease. C1.1 The Broker shall be licensed by the State of Florida Department of Professional Regulation by real estate license law under Florida Statute, Chapter 475, Part I. Required Submittal: The Proposer shall provide proof, in the form of licenses and certificates in their proposal. C2. Statement of Work Required. The City of Miami Beach (City) is seeking qualified commercial real estate brokers to provide customary real estate services to the City for City -owned facilities, Broker(s) shall at a minimum have five (5) years of leasing experience representing landlords or owners of real estate within the City Miami Beach, .including, but not limited to the following: ♦ Procuring tenants and assisting in negotiating leases for available various types of properties, such as office, retail, and restaurant facilities. ♦ Developing and implementing marketing/advertising and leasing plan(s) for the Facilities, ♦ Providing Comparative Market Analysis ♦ Consulting on the marketability of future City developments ♦ Lease Analysis and due diligence regarding prospective tenants. ♦ Samples of standard report(s) along with the reporting period of marketing, advertising, and other activities involving prospective tenants for the landlords. ♦ Any other relevant experience. RFQ 2016 -152 -WG 27 C3. Specifications Agreement negotiated with the successful Bidder will include all of the following: • Provisions for Broker to provide a full and detailed Marketing plan for a Facility including a marketing budget and expense schedule within thirty (30) days of being assigned said Facility by the City. If marketing plan is accepted, City will bear approved marketing expenses. • Show the Facility to interested parties • Assist in negotiating the terms of the Agreement with Tenant. • Advise City regarding valuation of the Facilities. City will obtain appraisal of the Facilities, at its sole cost, if the City so desires. • While assigned Facilities are vacant, Broker will provide monthly reports of marketing, advertising, and other activities involving potential tenants for those Facilities. Reports will be standardized and submitted as exhibited in the Agreement. • Transferring the account to a different Broker without the City's approval is grounds for termination without cause of the Agreement by the City. • All other Terms, Commissions, and conditions as stated in Appendix D of this RFQ. • All real estate transactions to be processed with approval of the City and in accordance with applicable rules, regulations and ordinances of the City of Miami Beach. • Commission will only be paid to successful Broker and Co -Broker upon execution of a lease agreement with a Tenant if procured by successful Broker. If Tenant is rejected by the City for any reason or if negations are unsuccessful in executing a lease agreement with Tenant, the City shall not be liable for any costs, claims, or commissions associated with procuring potential Tenants. • The City reserves the right to delete or cancel any portion or all services provided for in the agreement for any or all Facilities at any time without cause and for convenience. If such right is exercised by the City, it shall compensate for costs associated with the partial termination of the agreement on the basis of the estimated percentage of completion, as reasonably determined by the City. Successful Bidder and the City may agree on modifications or revisions to the task elements after the City has assigned a facility to the Broker and a budget has been established and for that task or project. The Broker will submit a revised budget to the City for approval prior to proceeding with the work. RFQ 2016 -152 -WG 28 APPENDIX D el MIAMI BEACH Special Conditions RFQ 2016 -152 -WG REAL ESTATE BROKERAGE SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2016 -152 -WG 29 1) TERM OF CONTRACT The term of the Brokerage Agreement will be for an initial term of three (3) years. 2) OPTIONS TO RENEW. The City will have two (2) options to renew for a period of one (1) year each. The renewal period(s) are to be exercised at the sole and absolute discretion of the City with 30 days written notice. 3) FEES /COMMISSION. a) Commission is based on the aggregate base rent (not including operating expenses or pass throughs) of no more than five years of the initial term of the lease. b) The Commission shall be four percent (4%) payable to the Broker in two payments, fifty percent (50%) upon lease execution and fifty percent (50%) upon occupancy of the premises by tenant and rent commencement. In the event tenant is represented by a broker, Landlord's Broker shall be paid 3% and tenant's broker shall be paid 3%. c) Other services may be negotiated. 4) METHOD OF AWARD. Award of this contract may be made to multiple responsive, responsible brokers who meet the qualifications set forth in this solicitation. Selection of any one broker for a specific project may be based on proposed marketing costs, experience and/or availability of the broker to meet necessary timelines. Award to a broker for a specific project or individual action does not preclude the remaining pre -qualified vendors from being selected on other specific projects. 5) NON -EXCLUSIVITY. It is the intent of the City to enter into an agreement with the successful Bidder that will satisfy its needs as describe herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the work with its own employees. RFQ 2016 -152 -WG 30 APPENDIX E CA MIAMI BEACH Insurance Requirements RFQ 2016 -152 -WG REAL ESTATE BROKERAGE SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2016 -152 -WG 31 PROFESSIONAL SERVICES Before beginning any work and throughout the term of the contract (including renewal periods), the Provider shall indicate that insurance coverage has been obtained which meets the requirements as outlined below: A.Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability Insurance in an amount not less than $1,000,000. B.Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C.Automobile Liability for all owned, non -owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D._Professional Liability Insurance in an amount not less than $1,000,000. The insurance coverage required above must include a waiver of subrogation in favor of the City. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. RFQ 2016 -152 -WG 32 VENDOR'S RESPONSE / PROPOSAL 17 w /uauca czn •au suopna z/nno ucnuzzuzJ Jana7 Jaw 1.1 Cover Letter August 30, 2016 City of Miami Beach Mr. William Garviso, Procurement Contracting Officer II Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 MIAMIBEACH CBRE, Inc. ("CBRE") is pleased to provide the real estate brokerage services response as outlined by this RFQ for the City of Miami Beach. As the largest provider of commercial real estate services in the world, CBRE has the depth of resources and experience to provide unparalleled value and expertise to the City of Miami Beach, which you will find outlined in the associated response. Of note, the broker chosen to lead this account is Shay Pope. Shay is proud to be a resident of the City of Miami Beach and would take special pride in representing the City. Local Commitment Since 1978, CBRE Miami has served the diverse commercial real estate needs of property owners, corporate users, public institutions, and the Federal Government across the entire Miami area. Today, more than 147 commercial real estate (CRE) professionals, continue to reinforce our market -leading position in the region, supported by the strength of our comprehensive service delivery platform. Unmatched Public Sector Experience CBRE's Public Institutions and Education Solutions (PIES) group has unmatched experience providing comprehensive real estate services to cities, counties, and states throughout the nation, which include real estate consulting, brokerage (acquisitions and dispositions) and public private partnership representation. The group's most recent clients include (but are not limited to) the States of New York, Florida, and Maryland; and the cities of Orlando, Miami, Pensacola, and Indianapolis. Services Provided CBRE will provide the primary services of marketing and leasing, market research, landlord representation and transaction consulting to City of Miami Beach. In the course of providing those services, ancillary services such as appraisal and project / construction management could be required as well as specialty practices such as office, multi -family, hotel and transaction management. Therefore, you will find on our organizational chart the core day-to-day team members associated with consulting and transaction management as well as other services CBRE anticipates may be beneficial to City of Miami Beach. The CBRE Team would be honored to partner with City of Miami Beach as their real estate services provider. The City of Miami Beach has the personal commitment of our executive leadership team, local professionals, and members of the public sector practice that our partnership will embody RESPECT, INTEGRITY, SERVICE, and EXCELLENCE. These are CBRE's RISE values and the foundation on which our company is built. Sincerely, Mary Jo Eaton Global President Asset & Advisory Services CBRE, Inc CBRE +; CITY OF MIAMI BEACH REAL ESTATE BROKERAGE SERVICES i RFQ *2016-152 ANC; CBREf3 LL 11 r or IVIA1v1IBEACH 0 TA B 1 Cover Letter & Minimum LL Qualification Requirements LLI TAB2 Experience & Qualifications 4,, • 4., • 4.Thooto....ofti - Flow 1,11,1 Approach & Methodology CBRE luaulimn •aj suopna ffnvnO =lumpy 7s. . ama7 .cavo 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A) VIAVIIBEACH Solicitation No: RFO 2016 -152 -WG Solicitation Title: Real Estate Brokerage Services Procurement Contact William Ganriso, CPPB Tel: 305 673-7000 #6650 Email: williamgarviso@miamibeachil.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. The City information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. FIRM NAME: CBRE, Inc No of Years in Business: 45 Years No of Years in Business Locally: No of Employees: 74,000+ 38Years OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): 400 South Hope Street, 26th Floor CITY: Los Angeles STATE: Califomia ZIP CODE: 90071 TELEPHONE NO.: (213)613-3333 TOLL FREE NO.: FAXNO.: (213)613-3005 FIRM LOCAL ADDRESS: 777 Brickell Avenue CITY: Miami STATE: Florida ZIP CODE: 33131 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Shay Pope ACCOUNT REP TELEPHONE NO.: (305)519-6717 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: shay.pope@cbre.com FEDERAL TAX IDENTIFICATION NO.: 95-274-3174 CBRE 15 ivazua nn • au suopna ?pm() wnzunnpv Ja.na7 nano 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A) MIAMI BEACH Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contacts Email and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES,' Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurementf. CBRE I 6 .ivawann•ag suo ria zjnnb ucnunuipv Jana7nano 1.2 Response Certification, Questionnaire Sc Requirements Affidavit (Appendix A) MIA • MIBEACH shall be required to pay all employees who provide services pursuant to this Agreement, the hourly -living wage rates listed below: • Commencing wi • . benefits, and $12.92/hr without benefits. r urr ;s (CPI U) k icmilFt. Lauderdale, issue a annual index shall exceed three percent (3%). The City may also, by anally for inflation sane ;in 2 partidJlar year). to the living wage requirement. cquircd. By virtue of executing this affidavit document, Proposer agrees 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits' to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. k Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES 1 I NO X B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners" or to domestic partners of employees? X YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health X X Sick Leave X X Family tvledical Leave . X X Bereavement Leave X X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. CBRE 17 ivazua nn e au suopvaAnnO ucnuc2UJpv Jafa,I Jam 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A) MIAMI BEACH 9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor fist following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. If a Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 dditional confirmation of addendum is reauired. submit under separate raver CBRE I 8 ivaucann suopnaffip nO ucnwzulpv 28 danaTnano 1.2 Response Cert flcation, Questionnaire & Requirements Affidavit (Appendix A) M l AM I B EAC H FRCPO••SER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer 's Authored Representative: Title of Proposer 's Authorized Representative: Signature of Proposs Authorized Representative: Date: SA.00 12DVO State of C r'i a 6,, ) • County of 5 1 co-ci ) of C E , a corporation, the said corporation by authority of instrument to be its voluntary act and On this tLr day of h t6k 2014 personalty appeared before me itj __-t__ who stated that (s)he is the Retho rc3 KIP �- and that the instrument was signed in behalf of its board of directors and acknowledged said deed. B ore me: Zip Notary Public for the State of My Commission Expires: iC4t}erlbpY 2c1i 2Q1 CBRE 19 D W .zuauca nn • ag suopnarinb ucnunuljy dana7 Jaw 1.3 / C.1 Florida Real Estate Licenses CBRE'S RESPONSE RICK SCOTT, GOVERNOR MIA (Ca MI—BEACH KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE LICENSE NUMBER The SALES ASSOCIATE Named below -IS LICENSED Under the provisions of Chapter 475 FS. Expiration date: -SEP 30, 2016 KORST, LEE ANN 1487 ALLIGATOR DRIVE PANACEA FL 32346 ISSUED: 09/30/2014 DISPLAY AS REQUIRED BY LAW SEQ # L1409300004615 RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION KEN LAWSON, SECRETARY p -t-7410.3 Busines (\' Professional Requiitol-1 DIVISION OF REAL ESTATE THE SALES ASSOCIATE HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES POPE, SHAY EMERSON 10 VENETIAN WAY 404 MIAMI BEACH FL 33139 7 LICENSE NUMBER: SL695337 EXPIRATION DATE: SEPTEMBER 30, 2016 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. CBRE I 1 .luawa_fn gaff suov.94. rr�nO wnwiuryA 28 .cana7 nano 1.3 / C1.1 Florida Real Estate Licenses ete MIAMIBEACH RICK SCOTT. GOVERNOR Y'� KEN LAWSON, SECRETARYe1,1 Business Professional 1",, . ,I I:_ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE THE BROKER HEREIN 15 LICENSED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES MCSHEA, MICHAEL B 17356 TAM 0 SHANTER DR POWAY CA 92064 LICENSE NUMBER: BK3077020 EXPIRATION DATE: SEPTEMBER 30, 2017 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. STATE OF FLORIDA DEPARTNI, . F BUSINESS AND PROFE'LV ?UTATION BK3247403 t- ' -'Y 191 /22/2015 REAL ESTATE EATON, MART 9 j44'ed Cin Of° IS LICENSED under the provisions of Ch.475 FS. Efepirstian dot. MAR 31, 2017 L1501220000643 CBRE 1 11 00 1 )uazuannba? suopv3 11nnO iunwiulyv 7s. .cad,ia7nano 1.3 I Florida Real Estate Licenses MIA State of Florida Foo WE 07/05/2016 VIIBEACH Department of Business & Professional Regulation 2601 BLAIR STONE ROAD TALLAHASSEE, FL 32399-0783 NUNES, RYAN J 1160 HILLSBORO MILE # 903 HILLSBORO BEACH, FL 33062 LICENSURE CERTIFICATION For Florida Licensee: NUNES, RYAN J License Number: SL3268645 Current License Status: Current, Active Date of Initial License: 01/10/2013 License Type: Real Estate Sales Associate Date of License Expiration: 09/30/2018 EDUCATION: Sales Associate: Minimal education requirements - 63 hours of prelicense education; 45 hours of post license education completed by expiration date after initial licensing date; 14 hours of continuing education biannually to maintain license after the initial renewal. EXAMINATION: Licensee has successfully completed a Real Estate Broker or Sales approved examination. A "Law Only" exam indicates the person came to our state through mutual agreement with one of the states we have written agreements to accept their licensees based on having similar licensing requirements to our state. See our web site for the current list of agreements, http://www.myfloridalicense.com/dbpr/re/MutualRecognition.html Real Estate Sales Associate Exam - Real Estate Sales Associate Exam: 12/20/2012 EXPERIENCE: Licensee has the following amount of active experience from the past 4 years. 40 Months, 25 Days 02/26/2013 to 07/05/2016 RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY d �s r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE THE SALES ASSOCIATE HEREIN I5 LICENSED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES BALKUS, KIMBERLY M 6526 POND APPLE RD. BOCA RATON FL 33433 LICENSE NUMBER: SL3315576 EXPIRATION DATE: SEPTEMBER 30, 2018 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. )uauca nn suopna ipind ucnunuijj 7s, .rana7 nano 1.31 C.2 Statement of Work Required CBRE'S RESPONSE MIAMIBEACH CBRE's full service office in Miami was established in 1978 and has a team of professionals who are active in the City of Miami Beach area, including Shay Pope, the proposed lead broker who resides in the City of Miami Beach. Please see the below list of transactions representative of CBRE's work in the City of Miami Beach. Close Date Tenant/Buyer Property Type City Deal Type 1/12/2015 12/12/2014 5/12/2016 2/10/2014 2/10/2015 6/1/2013 Sparkle Decor & Events Miami, LLC We Work Retail - Free -Standing Building (food) Office - Mixed Use Office Hardbox Gym Retail - Neighborhood Shopping Center Quattour Group Office - Mixed Use Office 232 Collins Washington Retail - Mixed Use Holdings, LLC Retail Universal Music Group Office - Mixed Use Office 12/14/2016 Marriott Ownership Resorts, Inc. 4/11/2014 SMG Management LLC 1/20/2015 4/12/2016 Office - Mixed Use Office Land - Other Land Z Capital Florida Re- Lodging/Hospitality - sort, LLC Full Service Hotel CLPF- Lincoln LLC Office - Mixed Use Office Miami Beach Miami Beach Miami Beach Miami Beach Miami Beach Miami Beach Miami Beach Lease - Represented the Landlord Lease - Represented the Landlord Lease - Represented the Tenant Lease - Represented the Tenant Lease - Represented the Tenant Lease - Represented the Tenant Lease - Represented the Tenant Miami Beach Sale - Represented the Seller Miami Beach Sale - Represented the Seller Miami Beach Sale - Represented the Seller MARKETING STRATEGY CBRE uses a variety of marketing tools. The marketing strategy for each City of Miami Beach assignment will be customized and tailored to the specific challenges and opportunities related to the property. However, the below marketing means are available and oftentimes utilized. They are intended to give the City a sense of marketing means CBRE would utilize to market City property. EMAIL MARKETING :: Email blast announcing the offering to a list of targeted investors ::Custom email campaigns seamlessly transition investors to mobile friendly websites CBRE DEALFLOW :: Accessible via secured login and password :: Houses marketing materials and due diligence "war room DIRECT MAIL :: Scripted video to be provided with initial flyer PUBLIC PROPERTY WEBSITE :: Accessible to the general public CBRE 1 13 )uaucadzn • suozfz7a/fzlz7nd urnzwuz Jana? Jano 1.3 / C.2 Statement of Work Required MARKETING STRATEGY CBRE utilizes a branding strategy that includes marketing materials used to excite & promote: MIA,VIIBEACH »» World -Class Print Collateral • Professionally designed print brochures that can be distributed online in PDF version via websites and e-mail communications. »» Direct mail/email campaigns • Postcards and e-mails created in the same theme as our flyers, e-mailed to prospective tenants and brokers »» Digital Media Campaigns • CoStor • LoopNet • Xceligent • Recognized Industry Associations >> Creative Social Media Campaigns • Linked In • Twitter and other social platforms • Google AdWords • Blogging WEEKLY EMAILS MARKET 1NTELUGENC'. .10•01.-V" ”» Proactive Public/Media Relations (e.g. press releases) »» Exclusive Broker Marketing Events TENANT Acrtvmr, »» Direct Broker Outreach »» Mobile Marketing Applications »» Marketing boards and welcome suite »» Enhanced red carpet property tour experience Our full CBRE network is at the disposal of the City of Miami Beach, including teams in: >> Debt & Equity »» Valuation & Advisory Services »» Investment Sales / Capital Markets »» Industrial Specialty Groups »» Property / Asset Management »» Global Research »» Economic Incentives »» Labor Analytics CBRE Florida also recently combined forces with our CBRE Caribbean & CBRE Latin America offices »» CBRE maintains offices and liaison relationships in countries such as;Australia, Brazil, Canada, France, Germany, Ireland, Japan, Mexico, Netherlands, Spain, Switzerland, and the UK Ft DELING — i - WEEKLY CALLS CBRE 114 uopna 11nnb aauauadx 2.1 Qualifications of Proposing Firm COMPANY ORGANIZATION HISTORY AND GROWTH IAMI BEACH Since its founding in 1906, CBRE has grown through mergers and acquisitions, as well as organically in order to form a truly global firm. The illustrated timeline below describes CBRE's organization history and growth. While CBRE's organizational roots began in San Francisco following the 1906 earthquake, the firm's 1998 acquisition of Richard Ellis brought an organizational lineage dating back to 1 773 in London. 1906 1970sand 1980s Founded in San Francisco • Company expands both its service portfolio and geographic coverage to become a full- service provider with growing presence in all major U.S. markets National accounts program is established. Torto Wheaton Research is acquired - later becomes known as CBRE Econometric Advisors (CBRE-EA) RECENT GROWTH • 19905 • 2000s • First global outsourcing client is secured; company moves aggressively to accelerate growth• and cultivate global capabilities to meet client demands CBRE Global Investors is formed as the company's investment t1 management • subsidiary L.J. Melody & Company acquired - later becomes known as CBRE Debt & • Structured Finance. Acquires leading • firms to increase service offerings and becomes first real estate services firm with a platform to deliver global real estate services CBRE TODAY CBRE bec;mes the largest commercial real estate services leader 2004: Firm completes initial public offering and begins trading its Class A Common Stock on the New York Stock Exchange 2005: Recognized as Fortune 1000 Company; the only commercial real estate firm on the distinguished list 2006: CBRE merges with Trammell Crow Company to create a real estate • services firm with unprecedented scale, scope and service offerings • 2007: Company • pledges to become carbon -neutral making CBRE the first commercial A real estate services company to announce such a goal «2203: Firm becomes first real estate services company ever included among the Fortune 500 • 2011: CBRE becomes the first global real estate services company to achieve carbon • neutrality CBRE acquires ING's investment management business in Europe and Asia • 2012: Waff Street Journal cites CBRE as the best real estate brand 2013: CBRE acquires Norland Managed Services Ltd, the leading provider of building technical engineering services in the U.K. and Ireland 2012: CBRE voted Fortune's most admired real estate services company for fourth consecutive year possesses the most comprehensive service offerings, broadest geograahic reach, sharpest market intelligence and brightest talent in the industry Over the years, CBRE has benefited from our long-standing strategy of diversifying our service offerings through organic growth and acquisitions. We currently have 487 offices in over 60 countries and manage over 5.2 BSF of space globally, up from 462 offices and 3.7 BSF, respectively, 2 years ago. This past year, CBRE continued the company's growth strategy by acquiring Global Workplace Solutions (GWS) from Johnson Controls further strengthening our breadth of resources and extending our reach in global facilities management. 2015 was another year of exceptional performance for CBRE with revenue increasing 20% for the full year totaling $10.9 billion. CBRE anticipates double-digit growth again in 2016, supported by our company's continued investments in our service platform and continued gains in market share. CBRE's strong financial stability allows for investments in platform resources, particularly in technology and data analytics, training, and leadership—all of which will work to support the City of Miami Beach throughout our partnership. As a product of CBRE's stability and growth over recent years, please consider that our firm is the only CRE firm in the prestigious Fortune 500, ranking at #321 for 2015. CBRE has also been voted the industry's top brand by the Lipsey Company for 14 consecutive years and has been named one of Fortune's "Most Admired Companies" in the real estate sector for 3 years in a row. The Wall Street Journal also recently described CBRE as "the world's leading provider of real estate services to Fortune 500 companies" and highlighted CBRE's leadership in capturing the most new enterprise opportunities and outperforming our competition since 2008. CBRE 1 16 Experience & Qualifications Property & Corp Facilities Managed Loan Originations Loan Servicing Investment Assets Under Management Development in Process Valuation & Advisory Under Assignments Project Management Contract Value 2.1 Qualifications of Proposing Firm global leader in strat+2 management, and strategies for real pro. 400+ offices and 70,000 employees throughout the world. This global reach will provide the City of Miami Beach the tools needed to ract the most sought after landlords, investors and developers in the world. 20 OFFICES 168 OFFICES 4 24 126 OFFICES OFFICES f IAMI BEACH w OFFICES 19 In 2015, CBRE completed 87,1 0 real estate transactions worldwide, totaling more than $311 B. SALES 25,300 $206.2B Transactions Value LEASING TOTAL TRANSACTION VALUE Transactions Value $89.013 CBRE 1 17 D N uopna 11nno aauauadx 2.1 Qualifications of Proposing Firm CBRE: PUBLIC INSTITUTIONS MIAMIBEACH CBRE's Public Institutions and Education Solutions Group (PIES) is a national division of the company that partners with state, county, city and educational institutions to formulate and implement real estate strategies. Government and education entities access the specialized services of the PIES group from more than 160 offices across the country. At CBRE, we understand that State and local government entities have specialized commercial real estate requirements and face unique challenges in the marketplace, including financial pressures related to funding limitations and budget reductions. State and local government entities also must confront constant pressure to accommodate directives without materially increasing staff and resource constraints. Our network of dedicated public institution and education advisors provides the full resources of CBRE's integrated platform to help state and local entities solve these challenges. The services we most frequently provide our state and local government clients include the following: Acquisition and disposition of government property Real estate portfolio planning and management Evaluation and structure of public-private partnerships Development advisory and financial modeling Special purpose buildings: City Hall / laboratory and data centers / government centers Economic development studies Highest and best -use studies CBRE STATE AND LOCAL GOVERNMENT PARTIAL CLIENT LIST CBRE provides state and local government entities with comprehensive real estate solutions. The map below shows the entities with which we maintain current contracts or our team has recent experience. LEGEND (0110Y Uff lip (matt C City dssa* IM ----fit Ory of PadaedIt ---- - GA, d Geo ty D I.+.._ tilyalSoanerm D-- DAelSaamEVA : --.-t Son GM ul lesA.Rde It Ins Attics Vint kind Poi SP. I [nope(mRrt 4iar.•ynicYn Aatenty i— hropc Coot C 8 51.1 beta Cwah IIA) Drf d St pete PPP GArl@mMMDot C lim.opa Emir C 9— GA. .IRemit S 0i- 6poiGcae C. 5d ■ RFP development, distribution and analysis • Energy / sustainability consultations • Asset valuations ▪ Construction cost estimating • Facility management • Construction / project management • Tenant Representation ■ Landlord Representation STATES • trIMO SP. R • Maim D • Ref!`rtry D • Coiixer Tt • .Ala4bRe SP, It, & D • Rew ARA It. )P • Cahe3r SP It • Mawr hese!: Tt C • Hmli(mint sP?t • Cuarottm C • Milavot SP 1 • • Nude lt, sP DAC • Bchwato. B • Pan.sdtmt SP 1 • Mom 0 • Hew BRlorahie 0 • ;eahCswim 7 D 1 • tora C • He. lever SP C • !Nara* C OrB C@dDAaeIlk PP9 IR cooly ol.M/e•kee C iM (ofetal•. C PPP, D Di eltbaeipa.. C rtr D ORO bda mpoi$ PPP, la -CW of Aw Lha: C PPt @ "lyof Boat DIA.,.:. *000 • I'm, 1 D • u4. tt • *Room 1 • AtrA DC SP Tt DA • ::eia.itr It en a V s.lreert Dmaonar lak 9 It Er 5P. It I tkiaad St til 8 Ealsm9I C Canal* IdPOamla Iu 3 edam EA WsGales EA PIP Weft Mpeedrt Sbnd Nod B Gp861aPPP,R 0 Dirpeeoea At Dweki.% khnotyFk /rntrsspawrraet Cif Peek IRR& howdy Y Stwu Pb. (8 Tera teremsatre CBRE 1 18 D3 N uotfz9a !inn() aauaz.cadx 2.1 Qualifications of Proposing Firm CBRE: LOCAL FLORIDA REPRESENTATION ��,Tallahassee Niff CBRE is Florida's leading commercial real estate services provider with over 900 commercial real estate (CRE) professionals, includ- ing 150 brokers, in nine offices throughout the entire State. Since 1978, CBRE has served the diverse needs of Florida property owners, corporate users and public institutions—helping them to achieve their objectives of disposition, acquisition, consolidation, expansion, or asset enhancement within the State. MIAWIBEACH MIAMI MARKET PRESENCE In 2015, the Miami Florida offices completed 327 transactions totaling more than $2.594B in transaction value. *Jacksonville ndo *Tampa *Sarasot VAN Ft WAIN147+ CRE kievonds asp III 327 ed Tr 35+ ws in Make dill $2 611 IcitIT on Value CBRE j 19 uopva 11Dnb 2s. aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH The CBRE Miami office is home to more than 147 commercial real estate (CRE) professionals, which is located on Brickell Avenue. It is a full service office that offers all of the services previously described in the above graphic and in the chart below. CBRE will create value for the City by linking the local Miami team to a deep pool of global experts throughout the CBRE organization that is advantageous to the City of Miami Beach for the following reasons: ▪ Improved Speed to Market — With the Public Institutions team in place, local market presence and best in class local resources, CBRE can hit the ground running. ■ Buyer Targeting — In addition to broad market knowledge, CBRE focuses on specific real estate product types such as hospitality, multifamily, capital markets, investment sales, and land uses enabling the team to quickly target logical buyers, tenants, and investors. ▪ Broad Exposure — CBRE is able to ensure a broad reach to the most capable buyers with our database of over 120,000 active world-wide investors. Market Recognition — CBRE is the most recognized real estate brand in the world, bringing a level of global, national, and regional exposure unmatched in the marketplace. Experience — Having done the most real estate transactions in Florida and for public municipalities, CBRE has the experience to ensure a successful outcome for the City of Miami Beach. CBRE 120 uol/na inn() aauauadx 2.1 Qualifications of Proposing Firm MIAMItiEACH CBRE LOCAL TEAM + PUBLIC INSTITUTIONS + GLOBAL PLATFORM SERVICE DELIVERY TO THE CITY OF MIAMI BEACH The CBRE Team that will provide the City of Miami Beach with real estate advisory services is comprised of the CBRE Public Institutions group and the CBRE Miami Florida group. As demonstrated in the graphic below, members of the Public Institutions group will provide project oversight, Public -Private Partnership advisory and consulting services by utilizing public sector best practices. The local Miami Florida group will provide Advisory & Transaction Services, capital markets and valuation and advisory services, along with in-house research and marketing capabilities. This cohesive team will collaborate to provide the City of Miami Beach brokerage representation services by capitalizing on the strength of CBRE's global service platform. Each of these specialty practice areas is described in the paragraphs to follow. We thought it was important for the City to see the breadth and experience of each of the specialty practive areas. CBRE PUBLIC INSTITUTIONS • DEVELOPMENT ADVISORY • PUBLIC SECTION CONSULTING • PUBLIC-PRIVATE PARTNERSHIP ADVISORY • PROJECT WIDE MANAGEMENT BROKERAGE REPRESENTATION CBRE MIAMI • CAPITAL MARKETS — HOTELS — INVESTMENT PROPERTIES — LAND — MULTIFAMILY • RESEARCH AND MARKETING • AGENCY BROKERAGE • OCCUPIER BROKERAGE • ASSET SERVICES • CAPITAL MARKETS • RESEARCH CBRE GLOBAL PLATFORM • DEVELOPMENT • FACILITIES MANAGEMENT • INVESTMENT MANAGEMENT • PROJECT MANAGEMENT • CONSULTING • RECOVERY AND RESTRUCTURING • RESIDENTIAL REAL ESTATE • VALUATION AND ADVISORY • SPECIALTY SECTORS ER''• , ., _ „ CBRE 1 21 uo v.) 11nnd 2g aaua7.1adx 2.1 Qualifications of Proposing Firm VALUATION AND ADVISORY SERVICES MIAMIBEACH CBRE's Valuation and Advisory Services (VAS) provides its services for all types of real estate: retail, office, industrial, multi -family and land. The group is industry leader, having provided 45,706 VAS assignments in the United States in 2014 The VAS service products include market value appraisals, highest and best use studies, litigation support, lease analysis, discounted cash flow analysis (using all commercial cash flow programs), market analysis, product absorption studies, portfolio valuation and analysis and ad valor -em tax appraisals and representation. • Property specializations include: • Business Parks • Commercial • Condominiums/Conversions • Golf Courses/Clubs • Hotels/Resorts/Casinos • Industrial • Manufactured Housing • Multifamily • Net Lease Investments • Residential Subdivisions • Retail The group has a worldwide presence spanning 58 countries with 1,500 + appraisal professionals across the globe. The Florida VAS group has expertise in the appraisal of multifamily, retail, industrial, office, hotels, and special purpose properties such as long-term care, self -storage, marinas, and golf courses. The State-wide group is comprised of 35 appraisers, which is led by 15 experienced MAls. The Florida VAS group's primary offices are located in Miami, Orlando, and Tampa with branches in Boca Raton, Jacksonville, Palm Beach Gardens and Tallahassee. These offices offer statewide coverage for the City of Miami Beach. 5 000 ' N 51 FLORIDA COUNT ES TOP 10 COUNTIES NOTED Pinellas Hillstxvou; • •1 • Lee.. -Orar ce .Brevard '.Palm Beacr .Browaro •MiamiiDade CBRE 122 uopvo z/z,nb; aauauadx 2.1 Qualifications of Proposing Firm MIANIBEACH CAPITAL MARKETS CBRE is the undisputed #1 real estate services provider in the world, leveraging a plethora of resources to successfully complete any real estate assignment. Our ability to coordinate all business lines, effectively utilize both international and local expertise, and openly share relationships and information ensures that even the most complicated assignment will be executed success- fully. The Capital Markets platform leverages these resources, allowing our professionals to be as effective on a single -asset, local -market assignment as on a sophisticated, multi -location portfolio. This highly efficient network lends itself to unparalleled service delivery and solidifies CBRE as the global leader in institutional investment real estate. OUR CLIENTS BENEFIT FROM THE FOLLOWING ■ A global platform that has been refined over three decades and is supported by a network of 462 offices around the world >• A core philosophy of "teaming to win," ensuring that the strengths of the entire company are applied to each client's needs ▪ A technology platform that enables transparent, but protected, access to all information pertinent to clients and opportunities ■ Broker-dealer licensure ■ Top in-house Capital Markets talent to provide expertise in: Consulting (buy -side and sell -side) — Investment sales — Valuation and underwriting — Financing Loan servicing and sales Mortgage banking Unmatched network of professionals to ensure the best and most qualified team is assembled for each client and assignment CAPITAL MARKETS U.S. ACTIVITY $122B FULL YEAR 2015 CAPITAL MARKETS U.S. ACTIVITY BY PRODUCT TYPE FULL YEAR 2015 Source: CBRE Capital Markets • TOTAL LOAN ORIGINATIONS • OFFICE • MULTIFAMILY • INDUSTRIAL • RETMi • TOTAL LOAN SALES • BUYER REP • HOTEL Multimmily Office Indusml • Retail $8.46 $2.2 ▪ Hotel . $0.4 $1.15 Othermg X0.87 Inas Soles Emi • SALES • TINANQN6 $24.69 $21.42 $27.39 $5.66 515.58 50.0 55.0 510.0 515.0 520.0 525.0 530.0 $35.0 540.0 S45.0 550.0 $ Billions CBRE 1 23 ?wpm zjz'nb 9.7. aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH HOSPITALITY Hotel investors, developers and financiers must navigate a global competitive landscape, shifting market trends and a complex mix of decisions. Only those who deftly juggle location, brand, management, facilities, amenities and technology into a cohesive solution will find success. CBRE Hotels is one of the only organizations in the world with the focused expertise, market intelligence and global connections to secure that kind of success for its clients. We know it because we've worked it — hotels, resorts, casinos and every aspect of the hospitality sector. That's why the professionals of CBRE Hotels can give clients the meaningful, relevant insight that elevates ideas and adds value. Through first- hand experiences as principals, operators and developers, we are seasoned experts that know how to mitigate risks, find the best solutions and unlock the opportunities. As part of the world's largest commercial real estate service firm, CBRE Hotels can link its clients to a global network of capital and best practices, ensuring superior results. Delivering credible, creative, on -the -ground expertise in every major market, CBRE Hotels has access to the largest and most sophisticated service platform in the world. At CBRE Hotels, we maintain a diverse group of specialized service lines all focused on supporting our clients' growth and success while maximizing the value of their investments. By offering strategic direction, operational advice and a global network of services, CBRE Hotels helps clients stay significantly ahead of evolving markets. CBRE HOTELS AMERICAS CBRE Hotels Americas is comprised of more than 220 dedicated professionals, located in 44 offices, all of whom are exclusive to the hospitality sector. $3.1B 2015 TOTAL INVESTMENT SALES $716M 2015 FINANCIAL ASSIGNMENTS $69.1 B 2015 VALUATION ASSIGNMENTS mrnicout • SUTTEE S 2AME4ro • maroon • mama unneraucie wen* MEMO • WARE • aCIDERN -ORO TO * EAPOUS • WIL111/AUMf• •DETROIT • c:;4i4 • teite•S �ci�ttGG nlnAo(Eruu • $ a A ,,:-sr • (ALS m. SrxureuS • 44 ,;.; • sat uu arr • 00MYER LAS RE6AM • COtORADO SPpNGS • • PROM • Tuaor rRETTEVILE • Uuus•• ma •AUSTM SIN ANTOMq • OR N"1;', • NEG(o '", • 4_; rr; • NASMIAEIf CBRE 124 uopna !inn() 2s. aaua2Jadx 2.1 Qualifications of Proposing Firm MIAV IBEACH MULTIFAMILY CBRE multifamily continues to set the bar as the industry leader. With the most powerful platform, covering all facets of the apartment industry, we provide our client's access to the most experienced and highly specialized professionals in every market. In terms of total dollar volume, CBRE has completed more multifamily property transactions than any other brokerage firm in the United States since 2001. CBRE's Capital Markets Platform, comprised of property sales, finance and investment banking businesses, works as a seamless, fully integrated service offering to assure clients that all investment strategies are evaluated. As the recognized worldwide leader in advising our clients on the purchase and sale of income-producing properties, Debt & Structured Finance, and entity -level consultancy and execution, we offer complete capital markets solutions on both a national and global level. With multifamily finance professionals in nearly every major market, CBRE Capital Markets is able to offer comprehensive investment sales services. Seahle l if Ponicnd • 5ooanremo Reno On dend • Son Fran cinco •• •ykjhnje Ce • Sat love CA L A. Nanh,"Ynntera Co. ,,ad Los vcfloe *eerily Nile* L � ani n0_ S.A. Boy S. • Andtn] m Newport Red n• •S0_^ Diele Honolalu'S ,:,..� • Phoenix • Fecmn LIN A'Irn.v000ls• ' "" RIMY, I0_• Ne •e b% W Gm n Rnpiea •Halliard Milwaukee • • • • n Lo,.o. •oN Ck-elQ,d 5<10. 8•oos*N k City De Mamas •u • •• 0. cage • Toledv• P1tila pltia • tit • Pieha-•rgh •Bahl more Inilonopoli5• Coh,n•hn y McLean Noah neon, OC • Den -.et n • Cincinncti co Kant.>City • u- Lwk • • ANnnteerd as ken vD •15.i.rrnaA Grernshonc • • • NasIINI n WIs� • • FayeleviN- TN •CM0.1011• Oki 61,0m0 Ciey* •.`ornelnic ••Grc Cake -rib; n os • Atlanta • Cho alta en IX Aavlin • Sun Antonio • cn • Dollos •l xlrxn•n lie H minion # Orlando • I cmpo • NopIc •! • FF. Mrs •Went P,IIN BsOih • F- Lnnci r•lale •Mj.v 0. • Arai irievar LL Z.Mule Corte 2015 MULTIFAMILY INVESTMENT SALES BY TRANSACTION VOLUME se0 535 0 530_0 525.0 5200 5150 518 0 5S0 • CBRE 'Source: Reel (apltai Annlyllc; HFF US & NF:WMRIR GRIM [NNP B116NT FRANK RSTOII SECURED TOP FIRM SINCE 2001 U. 5 MULTIFAMILY PER RCA S24.6B+ • MULTIFAMILY SALES TRANSACTIONS 2015FY $ 12.4B+ AGENCY LOAN ORIGINATIONS CBRE 1 25 w N UOJWa i/nnd aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH RETAIL CBRE's Retail professionals are experts in the ever-changing world of the retail environment. Whether its population density and diversity, or the redefining of missed -use trade areas, retailing must meet the needs of the time. At CBRE, we provide seamless and comprehensive real estate Advisory & Transaction Services to both retailers and property owners in downtown markets, urban environments and specialty retail centers around the world. As industry leaders our Retail professionals have a thorough understanding of the special requirements of retail properties in these markets, with strong relationships and easy access to the local, national and international retail communities. This knowledge vase creates exceptional value for property owners by attracting the right combination of retail tenants to each property we represent. At the heart of the retail environment lies the intersection of data and the consumer experience. Where information and analytics come together to reveal market trends. Where a deep understanding of consumer behavior informs the physical experience. Where ideas become actions that directly impact business success. At CBRE, we are passionate retail experts. We know how to leverage this powerful combination of data and consumer insight, unifying and mobilizing them into outcomes that build true business advantage. RETAIL SPECIALTIES • Anchor retailers • Lifestyle centers • Malls • Mixed-use properties • Neighborhood Centers ■ Urban retail, restaurant and entertainment • Food and drug and financial institutions Expertise • Leasing and sale negotiation ■ Capital markets positioning and dispositions • Portfolio and market analysis • Demographic and competitive mapping services • Development • Strategic planning and consulting ■ Proiect construction manaaement WE UNDERSTAND EVERY ASPECT OF THE BUSINESS OF RETAIL. WE DELIVER MORE TO CLIENTS AND DRIVE BETTER BUSINESS OUTCOMES MARKET EXPERTISE 11=1.- - r — Boston — Los Angeles — San Francisco — Buenos Aires — Mexico City — Santiago, Chile — Chicago — Miami — Sao Paulo, Brazil — Dallas — Montreal — Seattle — Honolulu — New York City — Toronto — Houston — Philadelphia — Vancouver — Las Vegas — Rio De Janeiro — Washington D.0 CBRE 1 26 uol.'/va 11vn J 2s. aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH The City of Miami Beach requested specific information regarding representative experience. It the table below, we describe CBRE's recent contracts with the six public sector clients described below. Each is followed by a case studies and letters of reference which describe, in more detail, the services we are currently performing for each client. CLIENT State of Florida CONTACT Tom Berger Division of Real Estate Florida Dept. of Management Services Office of the Secretary 4050 Esplanade Way Tallahassee, FL 32399 T: 850.487.9921 Please see Mr. Berger's letter of recommendation on page 31 City of Miami \�� F I HNP Ua ' „, t Daniel Rotenberg Director, Department of Real Estate & Asset Management 444 S.W. 2nd Ave, 3rd Floor Miami, FL 33130 T: 305.416.1450 Please see Mr. Rotenberg's letter of recommendation on page 35 County of Orange, CA 1-4. 04, o , C - c}\ •1:: H f-��, Scott Mayer Chief Real Estate Manager 333 W. Santa Ana Blvd, 3rd Floor Santa Ana, CA 92702 T: 714.834.3046 scottmayer@ocgov.com ocgov.com www.ocgov.com Please see Mr. Mayer's letter of recommendation on page 38 Port of Pensacola M. Clark Merritt, Jr. Business Development Manager Port of Pensacola P.O. Box 889 Pensacola, FL 32591 T: 850.436.5070 Please see Mr. Merritt's letter of recommendation on page 41 *.+ s„ State of Maryland R „ ?' ` Robert S. Suit Chief, Lease Management & Procurement Office of Real Estate, Maryland Department of General Services 300 West Preston Street, Room 601 Baltimore, MD 21201 T: 410.767.3000 Please see Mr. Suit's letter of recommendation on page 44 ��- '`= '' State of South Carolina , Ashley Lancaster Real Property Director South Carolina Department of Administration 1200 Senate Street, Suite 460 Columbia, SC 29201 T: 803.734.8120 Please see Ms. Lancaster's letter of recommendation on page 48 7� uo va 21nnb 2S1 aauaidadx 2.1 Qualifications of Proposing Firm MIAMIBEACH Ask° STATE OF FLORIDA b" Name of project State of Florida Location Statewide Locations Owner's name Various State of Florida agencies and departments Contact information Tom Berger, Director of Real Estate and Development Reference Letter See attached Years of operation (term of contract) 2008-2019 + 5 year extension Total square footage Actively representing the State on 475,000 SF of Tenant Representation Brokerage plus disposition of 40+ Surplus assets Monthly vacancy rates during contract term N/A as the services provided are Tenant Representa- tion and Consulting Tenant mix- including categories of tenants (office, Office restaurant, retail) PSF Gross rental, rate(s) Range from $10 PSF to $35.99 PSF Total gross annual revenue 51,066,667.00 Annual marketing budget $16,000.00 CBRE 128 uopna 21nnb aaualdadx 2.1 Qualifications of Proposing Firm MIAMIBEACH STATE OF FLORIA DMS CHALLENGE The State of Florida has a large and diverse real estate portfolio. The State leases more than 6.7 Million Square Feet of space from the private sector and owns more than 20 Million Square Feet of space. The State has a broad geography from very rural areas to major metropolitan areas like Miami, Orlando and Tampa. As such, the challenge is creating a cohesive and comprehensive real estate strategy designed to reduce costs and/or generate revenue while managing the day to day occupancy needs and ensure the state's real estate supports state agencies who serve Floridians and visitors. Additionally, the State desires to sell underutilized or surplus assets. Oftentimes, the assets are challenging either by location and / or type (e.g. vacant correctional institutions). The State wants to sell these assets, reduce ongoing liability associated with ownership and return the properties to the local tax base. SOLUTIONS CBRE is one of two firms who have represented the State of Florida as a tenant broker since 2008. Since 2012, CBRE has completed over 100 lease transactions totaling more than 475,000 SF, serving more than ten different State agencies. Through these efforts, CBRE has contributed to the nearly $50M of savings achieved by the State. Since 2014, CBRE has sold seven State-owned facilities, achieving an average of more than 32.4% above minimum price for the properties. Please see the chart below. PROPERTY MINIMUM BID WINNING COMMENTS BID Broward Correctional Institution $8.7M $13.5M 55% above the minimum bid Hillsborough Correctional Institution $2.9M $3.5M 20% above the minimum bid Sebring /Highlands County $75k $77k 2% above the minimum bid Hendry Correctional Institution $3.75M $3.75M Future use will have significant economic impact in a very rural region of Florida. The buyer has a contract with the US Government and will re -purpose the site and facilities for military special operations training to potentially create 190 jobs. Plantation Business Park/ Broward County $975,000 $2.0M 105% above the minimum bid G. Pierce Wood Hospital/Desoto County $2.49M $2.5M .4% above the minimum bid. The property will be developed with a hotel, ATV manufacturing plant, and motocross track. The ATVs will be manufactured and tested for the US Department of Defense, which will create approximately 120 local jobs. Indian River Correction Institution, Vero Beach $749,000 $876,250 16% above the minimum bid. The property will be repurposed into a housing and rehabilitation center for adult children with Autism. CBRE i 29 uo m 1pnnd aauaidadx 2.1 Qualifications of Proposing Firm REAL ESTATE OPTIMIZATION PLAN Vi IA,VI l BEAC H In 2012, the Florida Department of Management Services chose CBRE to complete a thorough review of the way the State runs its real estate, both owned and leased, and produce a real estate optimization report. The Governor challenged DMS to find ways to optimize its real estate portfolio and identify opportunities to save money. The final Implementation Plan proposed five principal strategies developed to save money and generate revenue for the State, including cit minimum of $77M in efficiencies that can be realized. STRATEGY SAVINGS STRATEGY IMPLEMENTATION Occupancy Management $28.5M Reduction of overall occupancy costs using current occupancy management initiatives. 12 months Facilities $28 - $36M* Reduction of overall occupancy costs using current occupancy management initiatives. 12 months* Operations & Maintenance $16M Bundling common facility -related service contracts across agencies to aggregate spend, conforming scopes of different service con- tracts, and reducing the overall number of vendors. 12-16 months Energy $4.7M Five -percent reduction in energy costs from all agencies. 24 months* Asset Valuation TBD Streamlining the state's disposition process. TBD* * The timeline and estimated cost savings are fully contingent upon legislative action and authority, budget changes, and cooperation from agency partners. Changes in external factors would have a negative effect on cost savings and timeline. CBRE SERVICES — Strategic Planning — Real Estate Advisory — Tenant Representation — Lease Administration Space Management Dispositions ANN ROSSINI Transaction Manager T 407.839.3162 ann.rossini@cbre.com MICHAEL MCSHEA Executive Vice President T 202.585.5775 michael.mcshea@cbre.com cbre.com LEE ANN FORST First Vice President T 850.251.9319 IeeAnn.korst@cbre.com CBRE 130 uo7]va 1lbnb 7s. aauaz.uadxr 2.1 Qualifications of Proposing Firm Rica ScoTr Governor DEPARTMENT OF MANAGEMENT SERVICES V'IAMIBEACH Canto J. Nxcfxozs Agency Secretary 4050 Esplanade Way I Tallahassee, Florida 32399-0950 ( Tel: 850.488.2786 ( Fax: 850.922.6149 December 11, 2012 CBRE 311 East Park Avenue Tallahassee, FL 32301 To whom it may concem: Since 2008, CBRE has been one of the state's three tenant brokers on state term contract, to provide real estate consulting and brokerage services to the State of Florida. CBRE's extensive network of brokers throughout the state has enabled their company to represent the Florida Department of Management Services and the agencies it serves in every major market. Their professional staff, efficient work and superior service delivery has led to a reduction in occupancy cost for the State of Florida. Most recently, CBRE was selected to assist with strategic planning and the creation of a Real Estate Optimization Plan. Their broad expertise and extensive background positioned them to develop a comprehensive plan that was delivered on time and within the defined scope of work. Should you need to reach me please contact me at 850-487-9921 or email Tom.Bernerrdms_myflorida.com. Sincerely, /ti Tom Berger, Direfdr Division of Real Estate Development and Management www.dms.MyFlorida.com CBRE 1 31 uopria z1 nnb 2si aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH CITY OF MIAMI Name of project City of Miami Location Various locations throughout the City Owner's name City of Miami Contact information Daniel Rotenberg, Department of Real Estate & Asset Management Reference Letter See attached Years of operation (term of contract) Coincides with the State of Florida contract (the City "piggy backed" off the State contract) Total square footage James L. Knight/Hyatt: 4.132 acres; the complex consists of a 459,570 SF 4 story building with a 608 room Hotel Virginia Key Marina: 27 acres Miami Riverside Center (MRC): 374,661 SF, approxi- mately 3 acres Miamarina: 15 boat slips Monthly vacancy rates during contract term 0% Tenant mix- including categories of tenants (office, Office, hotel, restaurant, marina restaurant, retail) PSF Gross rental rate(s) Varied across product type Total gross annual revenue $2,225,000.00 Annual marketing budget $33,375.00 CBRE 32 uol/va i/vnb aauauadx: 2.1 Qualifications of Proposing Firm N IAMIBEACH CHALLENGE City of Miami's Department of Real Estate Asset Management currently manages over one hundred leases and licenses of City -owned property and additional leases throughout the City's 30+ square miles. The Department maintains the City's property inventory consisting of approximately 631 parcels including parks, fire stations, City administrative buildings, public facilities, vacant lots and housing sites. The City's expansion and vast growth has increasingly shaped Department's need to seek a leading Real Estate Firm that encompasses a strong understanding of Public Sector and the potential challenges that arise with local government and municipalities to achieve the highest and best use of several key City owned assets. CBRE has served as the real estate provider for the State of Florida since 2008 and has been awarded another 5 year contract which commenced in 2014. Therefore, the City is utilizing the State of Florida contract to hire CBRE. SOLUTIONS The City of Miami Real Estate Asset Management Department has partnered with CBRE to provide Tenant -Broker and Real Estate Consulting services for the Disposition of the Miami Riverside Center and relocation of the City's administrative facility, the redevelopment of the James L. Knight Center/Hyatt Hotel positioned over 5 acres, and the redevelopment Virginia Key Marina consisting of 53 acres, as well as act as the exclusive agent for the opportunity to showcase the City by developing a state of the art maritime experience with charters and boat tours in the Bayside-Miamarina. • CBRE's Development Advisory and Brokerage Service resources develop proprietary tools optimizing maximum exposure for the Disposition and relocation of the Miami Riverside Center. • CBRE's Public Institutions, Hospitality/Hotel and Multi -Family Group assignment of the James L. Knight Center/Hyatt Hotel positioned to focus on achieving the highest and best use and redevelopment for the project. • Virginia Key Marina assignment executed by CBRE's Marina Specialty Group and Public Institutions focus on the financial profitability and extensive long term growth and stability for Virginia Key and its residents. CBRE's global platform and expertise including public sector, capital markets, valuation, hospitality, maritime and land services allows the City to reach the national and international audience generating global interest. CBRE 1 33 'tow.) !pm() aauaz.cadx 2.1 Qualifications of Proposing Firm MIAMIBEACH RESULTS Authored, and developed Offering Memorandum for the Disposition by Sale and Relocation of Miami Riverside Center with distribution launched to over 5000 recipients nationwide. Project's provides an opportunity for the City to generate approximately $1.5M in annual tax revenue and a net present value approaching $50M. • Secured proposed operators for the Virginia Key Marina, Virginia Key's specialized maritime development project with capital contribution range of $67M and approaching $100M in fully automated state of the art mixed-use marina development; an average base rent minimum of $2.1M; minimum capital contribution of $3.4M in proposed construction of municipal parking garage; and a Net Present Value of $50M to $77M over 45 years. ■ Lead negotiations of ground lease and highest and best use for redevelopment and acquisition of adjacent land parcels of the James L Knight/Hyatt Hotel and G-4 Garage. • The City of Miami has additionally engaged CBRE in a variety of projects with our Project Management Group including the Construction Consulting and Administrative Services for the renovation and construction management. • CBRE's global distribution efforts have reached over one hundred thousand international based marina -related industries in over 85 countries. CBRE SERVICES — Strategic Planning - Real Estate Advisory — Tenant Representation — Lease Administration — Space Management - Dispositions MICHAEL MCSHEA Executive Vice President T 202.585.5775 michael.mcshea@cbre.com cbre.com LEE ANN KORST First Vice President T 850.251.9319 IeeAnn.korst a cbre.com SHAY POPE Senior Vice President T 305.381.6444 shay.pope@cbre.com RYAN NUNES Senior Associate T 954.331.1711 ryan.nunes@cbre.com O.. JASON SPALDING Associate T 954.331.1719 jason.spalding@cbre.com KIMBERLY BALKUS Senior Transaction Manager T 954.331.1776 jason.spalding@cbre.com CBRE 134 uopv.9 nvnO 2s, aouaidadx 2.1 Qualifications of Proposing Firm August 15, 2016 CBRE 311 East Park Avenue Tallahassee, Florida 32301 To whom is may concern: MIAIAIBEACH DANIEL I ALFuNSO Cit) Manager In 2014 the City of Miami adopted the State of Florida contract for tenant -broker and real estate consulting services, engaging CBRE and one other tenant -broker. Since that date, CBRE has been an exceptional asset to the City, providing numerous services, including project management, appraisal, development advisory, and disposition brokerage services. In addition to CBRE's standing as a worldwide leader in real estate, CBRE has proven its expertise of local markets. The Public Institutions and Education Solutions division has specialized knowledge and experience in the public sector process and has a broad network of brokers Specializing in different areas such as Marinas, Hotels, etc., CBRE provides the City with a broad array of services, and consistently accomplishes our requests in a timely and first-rate manner. We would gladly recommend CBRE to any government entity wishing to obtain expert real estate consulting services. Should you have any questions, please feel free to contact me at (786) 778-4794 or by email at Drotenberg@miamigov.com. Daniel Rotenberg, Director Department of Real Estate & Asset Management DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT 444 S W. 2nd Avenue. 3rd Floor, Miami, Florida 33130 / (305) 416-1450 / Fax: (305) 416-2156 CBRE 1 35 uol.fzaa 71Dnd aaual.cadx 2.1 Qualifications of Proposing Firm 1V'IAVIBEACH COUNTY OF ORANGE, CA Name of project County of Orange, CA Location Various Owner's name Various Contact information Mr. Scott Mayer, CEO Real Estate Reference Letter See Attached Years of operation (term of contract) 2011 -Current Total square footage Various Monthly vacancy rates during contract term 0% Tenant mix- including categories of tenants (office, N/A restaurant, retail) PSF Gross rental rate(s) N/A Total gross annual revenue N/A Annual marketing budget N/A Note: Contract RFP -017 -C00145 -MS is to provide comprehensive real estate services including Appraisals, Financial Analysis, Real Property Analysis & Transactions and Asset Management Services CBRE 1 36 a ov uopna inn() 2' aauauadx 2.1 Qualifications of Proposing Firm MIA v !BEACH CHALLENGE The County of Orange has been a client of CBRE since 201 1 . The comprehensive services contract allows CBRE to provide consulting/strategic planning, valuation and appraisals, facilities management and transaction (brokerage) services. The original assignment included the restructuring of an existing lease with a landlord that had defaulted on their loan. This was a very difficult negotiation that included communications with the loan service and receiver until a transaction could be structured. The next significant assignment included developing an inventory of all county owned property (over 3,000 parcels) and transmitting that information electronically to a county maintained portal for constituent access. The most recent assignment includes renegotiating a 90,000 square foot lease for a health care services agency. SOLUTIONS CBRE was awarded the most recent contract in 2015. In addition to two significant tenant representation assignments, CBRE has developed the most accurate database of County owned property since the County's inception. The database as well as recommendations on how to maintain it going forward has been uploaded to the County's own portal for transpar- ent access by County staff, legislators and constituents. MICHAEL MCSHEA Executive Vice President T 202.585.5775 michael.mcshea(cbre.com LEE ANN KORST First Vice President T 850.251.9319 IeeAnn.korst(@cbre.com CBRE 1 37 D N .uo va 11nnOaauauadx2 2.1 Qualifications of Proposing Firm County of grange MIAMIBEACH August 15, 2016 Mr. Michael B. McShea Executive Vice President CBRE, Inc. 750 9th Street, NW Suite 900 Washington, DC 20001 Dear Mike: County Executive Office During the past three years, it has been my pleasure to work with you and the CBRE team on several real estate projects. Through CBRE's participation, the County of Orange has extended key real estate capabilities in the areas of information gathering, marketing, and asset management. CBRE's assistance has been beneficial in recent leasing, acquisition, and asset disposition transactions. CBRE's assistance with the development of a County real property inventory has enhanced timely access to property details. Should inquiries arise regarding CBRE's participation in the County's real estate program, please contact t 714-834-3046 or scott.mayer@ocgov.com. egards, cott D. Mayer 1 Chief Real Estate Officer 333 W .Santa Ana Blvd., 3t° Flour, .S.inta Ana, CA 92701-4062 • Phone (714) 834-620(1 • Fa,, (714) 834-3678 • www ?ceov.com CBRE 1 38 uo2fzia 1Jnnb aauauadx 2.1 Qualifications of Proposing Firm WAN (BEACH PORT OF PENSACOLA Name of project City of Pensacola Location Port and Airport Owner's name City of Pensacola Contact information Clark Merritt Reference Letter See Attached Years of operation (term of contract) Since 2013 Total square footage Airport ±350 acres Port ±50 acres and 200,000 SF of covered warehouse Monthly vacancy rates during contract term 100% of the land that CBRE is marketing is vacant Tenant mix- including categories of tenants (office, Potential uses include: office, retail, restaurants and restaurant, retail) industrial PSF Gross rental rate(s) Contingent upon use time and term Total gross annual revenue TBD Annual marketing budget 1.5% of gross revenue TBD CBRE ( 39 N 03 uopza z1Dnd aauaz.uadx 2.1 Qualifications of Proposing Firm N IAMIBEACH CHALLENGE The City of Pensacola owns and operates a substantial amount of underutilized real estate. Community Maritime Park is a beautiful 10 -acre waterfront site in downtown Pensacola. It features a newly constructed amphitheater and a Minor League baseball stadium - home of the Pensacola Blue Wahoos. The site is otherwise undeveloped. The City's deep -water Port is located in an historic, residential area downtown. While the City would like to see more industrial and Port users, the Port is considered a "light" Port and not conducive to heavy cargo. The City also purchased 64 sites around the Airport to grow and develop for industrial uses. Pensacola had no representation to proactively market and monetize the assets at Community Maritime Park, the Airport or the deep -water Port. SOLUTIONS Utilizing the State of Florida contract as a procurement vehicle, the City of Pensacola hired CBRE to conduct a highest and best use study for Community Maritime Park and, as a follow on activity; CBRE will provide brokerage services for the Maritime Park, Airport and Port. CBRE's comprehensive platform including public sector, retail, industrial, residential, hotel and marina specialists will allow the City to reach a national and global audience and help generate interest in all of the Pensacola properties. RESULTS Mid -way through the feasibility study for Community Maritime Park, the City has expressed interest in offering either land leas- es for individual parcels or a development package for the entire site. The preliminary study is complete and demonstrates the potential for retail, hotel, marina, and office development. Florida's top industrial broker has visited the Airport and Port sites and is currently developing a marketing plan to attract end users. CBRE SERVICES • Public Institutions and Education Solutions (PIES) • Hotel Valuation • Multi -Family • Marina • Retail • Industrial MICHAEL MCSHEA Executive Vice President T 202.585.5775 Michael.McShea(cbre.com LEE ANN KORST First Vice President T 850.251.9319 LeeAnn.Korstna cbre.com CBRE 1 40 uo7v.9 25) amaidadx 2.1 Qualifications of Proposing Firm August 25, 2.016 Dear Selection Committee, AivitiBEACH Please accept this letter as my enthusiastic backing of CBRE and their team who have been supporting real estate efforts at the Port of Pensacola over the past three years. I have personally been involved with their staff since they were selected to represent the Port and other City of Pensacola enterprises and properties. As one of Florida's 14 deep water state ports, we have real estate needs that are similar to municipalities and local governments with a few differences. Specifically, we have limited resources to appropriately market our available land and facilities, and it is often a challenge to value it properly when negotiating with prospective tenants. From day one. CBRE and their marketing professionals quickly gained an in depth knowledge of our properties and developed a comprehensive strategy and marketing materials that reach a world-wide audience. Additionally, we rely heavily on their in-depth knowledge of the commercial real estate market and comparable properties when it comes to developing leases and rates that are "market based" and not discounted because they are government parcels. In summary, CBRE's performance as described in the previous paragraph has been superior and working with their professional staff a pleasure. We consider them a true teammate as we endeavor to maximize our Port properties to the benefit of the citizens and business regionally, nationally, and world-wide. Sincerely, M. Clark Merritt, jr. Port of Pensacola Business Development Manager par to#peniocoici ;Dm CBRE J 41 co N uo1WWa 11one) 2s, aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH STATE OF MARYLAND Name of project State of Maryland - multiple projects Location Statewide Owner's name State of Maryland Contact information Robert Suit Reference Letter See attached Years of operation (term of contract) Since 2009 Total square footage Monthly vacancy rates during contract term Varied across the state Tenant mix- including categories of tenants (office, Office restaurant, retail) PSF Gross rental rate(s) Varied across the state Total gross annual revenue $16,017,283 Annual marketing budget $240,259 CBRE f 42 uopna 'and 2s. aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH CHALLENGE The Office of Real Estate (ORE) at Maryland Department of General Services (DGS) sought to maximize the performance of its commercial lease portfolio by engaging a partner to provide strategic real estate services and consultation. In particular, the State hoped to reduce its real estate costs by negotiating lower rents and creating better space utilization. The State also sought better access to market data during lease negotiations and a stronger negotiating position for forthcoming discussions with seasoned landlords. The CBRE team was engaged in the inaugural project in that started 2009. As a testament to their success, the CBRE team won the 2014 rebid with an expanded scope of services that included strategic planning services. SOLUTIONS Strategic Planning: CBRE team members spent the first six months of the new contract in detailed discussions with representatives of 14 of the State's largest agencies to thoroughly understand their methods of service delivery and operations. The team toured several leased and owned properties, compiled the information, and analyzed the data. The team plans to use this information to develop a strategic plan that will be provide the State long-term savings. Advisory: The CBRE team has advised on the implementation of several new systems and processes, including SalesForce, to centralize and organize the State's lease portfolio database. Recently, CBRE's advisory role has expanded to include organizational re-engineering, development, and disposition work. RESULTS Since 2009, the CBRE team has: • Assisted State agencies in restructuring over 152 leases comprising of 2.2 MSF • Provided the State with tangible savings, including 9% per year through new leases, and projected term savings totaling $37.8M • Exceeded minority-owned small business participation goals by 150% • Implemented new technology platforms leading to improved communication and reporting between the CBRE, ORE and the agencies they serve • Streamlined the new/renewal lease procurement process • Assisting with consolidations, relocations, economic development, and underutilized asset dispositions „ t • Improved space quality due to tenant improvements and relocations • Reorganized processes and communications within DGS ORE CLIENT QUOTE: "CBRE's service approach is what has impressed me the most. Their central account personnel are insightful and diligent, and their field personnel—on- site with us at the Department of General Services—are hard-working and detail - oriented. The results we've seen speak for themselves. CBRE has been a terrific partner." – Linda McGovern, Chief, Management and Procurement, State of Maryland (2009-2014) CBRE 1 43 D ov uoz7Da zlDnd aau n adx 2.1 Qualifications of Proposing Firm Larry Hogan Govenlor Boyd K. Rutherford L t. Getvrnor MIA V1IBEACH Ellington E.Churchill, Er set rd w1( MARYLAND DEPARTMENT OF GENERAL SERVICES FACILITIES OPERATIONS & MAINTENANCE • FACILITIES PLANNING. DESIGN CONSTRUCTION & ENERGY PROCUREMENT & LOGISTICS • REAL ESTATE August 25, 2016 To Whom It May Concern, Please accept this letter of support for CBRE, Inc. CBRE has provided real estate transaction and advisory services to the State of Maryland since 2009. In addition to the global platform of services, CBRE has a team of professionals who understand public sector challenges and issues. CBRE has been able to successfully understand and navigate Maryland's state processes and public procurements for a variety of different state agency needs. I would highly recommend them to serve the real estate needs of other public sector entities Sincerely, obert S. Suit, Chief Lease Management & Procurement uoira ?1nnb 78 aauauadx 2.1 Qualifications of Proposing Firm MIAMIBEACH STATE OF SOUTH CAROLINA Name of project Location Owner's name Contact information State of South Carolina - multiple projects Statewide State of South Carolina Ashlie Lancaster Reference Letter See attached Years of operation (term of contract) Since November, 2014 Total square footage 42 surplus property dispositions, 4 tenant representa- tion assignments Monthly vacancy rates during contract term 100% occupied Tenant mix- including categories of tenants (office, Various restaurant, retail) PSF Gross rental rate(s) Varied across the state in different markets (e.g. Columbia, Greenville, Charleston and smaller rural markets) Total gross annual revenue $745,00 Annual marketing budget $11,175 CBRE 1 45 uopna 11nn) 2s, aauauadx- 2.1 Qualifications of Proposing Firm MIAN !BEACH STATE OF SOUTH CAROLINA CHALLENGE The South Carolina Department of Administration hired CBRE to develop a Comprehensive Real Estate Evaluation and Real Estate Strategic Plan and has engaged CBRE to implement priority projects in the plan. South Carolina administers an extensive portfolio of leased and owned properties and manages a database that holds over 15,000 records representing buildings, land, structures, and utilities. Buildings and land constitute over 10,000 of these records. Stated goals for the project included a desire to: 1) identify and implement best practices for owned and leased space; 2) increase operational efficiencies; and 3) project future trends and space needs. SOLUTIONS CBRE was tasked with evaluating and creating a strategic plan that would meet all of the above project goals while helping the State benchmark operations against best practices. Other goals included establishing operational metrics in order to drive cost savings by reducing the footprint and enhancing the quality of occupied space. Specifically, CBRE: • Worked with the architectural firm Gensler, to develop recommendations for space standards and design to reduce space requirements. • Recommended consolidating all real estate management authority under the Department of Administration to implement state standards across agencies, enhance property negotiations in the market and leverage state buying power as both a landlord and tenant. ■ Reviewed the state property database to improve the level of information and identify all state real estate property records. ■ Prepared Facility Condition Assessments on 5.6 million SF to estimate deferred maintenance and make recommendations on the level of capital expenditure required over the next 30 years. RESULTS CBRE has completed the final strategic plan and is currently working with the State on the implementation of the comprehensive plan. In completing the Strategic Plan, CBRE: • Assessed space utilization across the portfolio and estimated the State of South Carolina could reduce its primary office portfolio by 18% - 25% if revised space standards are put in place. CBRE 1 46 uoina 71nnd aauauadx[q 2.1 Qualifications of Proposing Firm MIAMIBEACH • Performed an operating expense analysis of nearly 5 million SF and benchmarked The Department of Administration's data against "similar state" data to identify over $35 million in potential savings across the portfolio. s Realized potential cost savings and sale proceeds of $5.6 million by disposing of three State assets. ■ Identified 8 additional properties for disposal that can generate an estimated savings of $30.42 million simply through the cost avoidance of capital expenses. CBRE SERVICES — Dispositions Created Management policies for 81 MSF portfolio — Reviewed 5.6 MSF for facility conditions — 116 Owned properties for O&M expense DATABASE REVIEW — Reviewed 15,000 records for 10,352 properties — Certified & transferred data to State MICHAEL MCSHEA Executive Vice President T 202.585.5775 michael.mcshea@cbre.com LEE ANN KORST First Vice President T 850.251.9319 leeAnn.korst@cbre.com ROLF KEMEN Senior Vice President T 952.924.4849 rolf.kemen@cbre.com ADVISORY & TRANSACTION SERVICES BEN BRANTLEY Vice President T 803.744.6855 ben.brantley@cbre.com MARTIN MOORE Senior Vice President T 803.744.6842 martin.moore@cbre.com CBRE 1 47 uo na !rind ' aauauadx 2.1 Qualifications of Proposing Firm admin THE SOUTH CAROLINA DEPARTMENT nfADMINISTRATION August 26, 2016 MIAMIBEACH Nikki Haley, Governor Marcia S. Adams, Executive Direct() To whom it may concern: Through a competitive solicitation process, the state of South Carolina awarded CBRE a contract in November of 2014 to create a statewide strategic real estate plan. This effort included validation of the State's real property inventory, 138 operations and maintenance surveys, facility condition assessments for 150 buildings, an audit of 187 leases, and space utilization site visits for 222 properties. CBRE analyzed the data to produce the South Carolina Department of Administration (Admin) Comprehensive Real Property Evaluation, Strategic Planning and Implementation Report, which is located at admin.sc.gov. Since receiving this report in October of 2015, Admin has continued to work with CBRE to implement the recommendations it contains, including the development of a standard chart of accounts for tracking real estate expenses, reduction of the State's real estate footprint through the application of space standards and the sale of functionally obsolete facilities, and identification of strategic sourcing initiatives for operations and maintenance. Throughout this process, CBRE has been a valued partner, and we anticipate this positive working relationship will continue over the coming year as we work toward full implementation of the Statewide Strategic Real Estate Plan. Sincerely, Ashlie Lancaster Real Property Director South Carolina Department of Administration 1200 Senate Street, Suite 460 Columbia, SC 29201 Post Office Box 2825, Columbia, SC 29211 Ph: 803.734.8120 Fx: 803.734.9002 www.admin.sc.gov CBRE 1 48 Kimberly Balkus Trailsor.`ion V1o'oger TAB 2 2.2 Quat flcations of Proposer Team CBRE has assembled an organizational chart that we believe would best meet the needs of the City of Miami Beach based upon the RFQ specifications. The proposed Account Manager, Lee Ann Korst, has a private sector real estate background and government experience having run the Division of Real Estate for the State of Florida. The lead broker, Shay Pope, has completed transactions in the City of Miami Beach, understands local codes, zoning and the real estate market dynamics. Kimberly Balkus will serve as the City's Transaction Manager to ensure regular reporting requirements are met as well as contract compliance. Executive Oversight ry ra Global President / Ni Mike McShea Executive VP Additional Services Stuart Lieberman ion & Advisory ORGANIZATIONAL CHART 4. MIAMIBEACH Account Manager Lee Ann Karst First Vice President Center of Excellence Alternate Workplace Strategies Consulting Energy & Sustainability Research & Advisory Services Data Center Economic Incentives Group Labor Analytics Group Cost Segregation Facilities Management Lead Broker Transaction Management Ryan Nunes Senior Associate Specialty Practice Areas CBRE D N uo2.ln3 11 nnj 28 aauauadx 2.1 Qualifications of Proposing Firm LEE ANN KORST T: 850.251.9319 Ieeann.korst@cbre.com CBRE, Inc. Licensed Real Estate Broker Representative Clients: Cadence Bank City of Fort Lauderdale City of Orlando City of Pensacola City of Miami FAMU — Merrill Lynch Sprint State of Florida DEP DMS EOG DCF DOR DJJ DOACS DOE DOT State of South Carolina State of Tennessee USPS PROFESSIONAL PROFILE MIAN118EA H Lee Ann Korst joined the Tallahassee office of CBRE, Inc. in March, 2011 as First Vice President. Ms. Korst has extensive government experience serving in high level positions at two Departments with the State of Florida. She served as the Director of Real Estate and Deputy Secretary at the Department of Management Services which included oversight and management of 7.9 millions square feet in the Florida Facilities Pool as well as 10 million square feet of private sector leasing. Ms. Korst then served as the Deputy Executive Director, Department of Highway Safety and Motor Vehicles for the State of Florida, with responsibility for direct management and oversight of the Division of Driver Licensing, Division of Motor Vehicles, Customer Service Center and Cabinet Affairs. She also served the Department of Highway Safety and Motor Vehicles as the Chief of Staff, a role that included oversight and management of the administrative functions of that 4,500 -employee state agency and $280 million budget. Prior to her public service, Ms. Korst worked for Equity Office Properties for more than 10 years, leasing and managing a variety of property types and ultimately serving as General Manager for One Ninety One Peachtree Tower in Atlanta, Georgia, where her responsibilities include the successful financial and operational performance of the 50 -story, 1.2 million square foot Class A office tower in downtown Atlanta. CREDENTIALS • Florida Governor Mansion Commission • Steering Committee, FSU Real Estate Trends Conference • Tallahassee Chamber of Commerce Action 2010 Committee • Board of Directors, Girl Scouts of the Apalachee Bend • Blueprint 2000, Capital Cascades Executive Advisory Committee • 2002 TOBY Winner (over 1,000,000 SF category) • 2001 TOBY Judge (250,000- 499,000 SF category) • 2000 TOBY Winner (250,000 — 499,000 SF category) • 1999 Equity Office Properties Building of the Year • 1999 TOBY (The Office Building of the Year) Winner (100,000 — 249,000 SF category) • 1997 International Tenant Handbook of the Year Award EDUCATION • Licensed Real Estate Agent • Oglethorpe University, Atlanta, GA — Masters in Business Administration Illinois State University, Normal, IL — Bachelors of Science in Management and Quantitative Methods • Harvard University - Strategic Negotiations: Deal Making for the Long Term CBRE 1 50 uo ma 11rind Z' aauauadx 2.1 Qualifications of Proposing Firm MICHAEL MCSHEA T: 202.585.5775 Michael.mcshea@cbre.com CBRE, Inc. Licensed Real Estate Broker SELECT CLIENTS State of Alabama State of Florida State of Maryland State of Michigan - State of New York State of South Carolina State of Wisconsin City of Indianapolis City of New York City of Pensacola City of Reno City of Sacramento City of San Diego City of Tulsa District of Columbia County of Cuyahoga, OH County of Fairfax, VA County of Marin, CA County of Orange, CA PROFESSIONAL PROFILE MIAMIBEACH Michael B. McShea, Executive Vice President, is a co -leader of CBRE's state and local government practice. Mike provides development advisory, strategic planning, Advisory & Transaction and other associated real estate services to government entities, education institutions and corporations nationwide. Mike manages some of the nation's most significant government and education projects and portfolios. He was responsible for the oversight of a contract with the Government of the District of Columbia, involving the restructuring of over 1 MSF of municipal space under the auspices of the congressionally established Financial Control Board. Mike has developed strategic real estate plans for the several government entities including, most recently, the City of Reno, and the States of Florida, Maryland, and Michigan. He has implemented strategic real estate plans for the City of New York, as well as the states of Alabama, Arizona, Colorado, and Pennsylvania. Mr. McShea also led the renegotiation of government centers in Tallahassee, Florida encompassing 1.5 MSF of leased space at a savings to the State of over $60M. Mike has provided development consultant and PPP advisory services for the College of William and Mary, Alexandria City Public Schools, The City of San Diego, CA, James F. Oyster School, National Institutes of Health, John Hopkins Applied Research Laboratory and the University of Cincinnati. He is currently advising the City of Indianapolis on the redevelopment of a city block in one of its strongest retail corridors through a public-private partnership between the City and a regional developer. He and the CBRE team developed the RFP, solicited proposals, vetted qualified developers and are now in negotiating development agreements with the selected developer. INDUSTRY RECOGNITION / SCHOLARSHIP Mike has been a guest lecturer on various topics involving corporate, municipal and educational real estate including the National Association of College and University Business Officers (NACUBO), National Association of State Facility Administrators (NASFA), American Institute of Architects, American Association of Port Authorities, California Association for Local Economic Develop and the Keenan Flagler Business School at the University of North Carolina Chapel Hill. AWARDS United States Conference of Mayors Outstanding Achievement in Public Private Partnership, City of Tulsa, City Hall AcquisitionOglethorpe University, Atlanta, GA — Masters in Business Administration National Association of State Facility Administrators Outstanding Achievement Award, Portfolio Management, State of Michigan Washington Business Journal Best Office Lease and Best Residential Development Transaction EDUCATION • Bachelor of Science, Business and Management, University of Maryland CBRE 1 51 D N uopna iinnO aauauadx- 2.1 Qualifications of Proposing Firm MARY JO EATON T: 305.428.6329 F: 305.381.6462 maryjo.eaton@cbre.com CBRE, Inc. Licensed Real Estate Broker MIAMIBEACH PROFESSIONAL PROFILE Mary Jo Eaton is Global President of Asset Services and Valuation & Advisory Services (VAS) for CBRE. For Asset Services, she leads a global business line with responsibility for managing more than 2.9 billion square feet of commercial property. For VAS, she leads a global business line responsible for nearly 150,000 valuation assignments annually around the world. Prior to her current role, Ms. Eaton was the President of CBRE Florida and Latin America. In this role, Ms. Eaton was responsible for 18 CBRE owned offices and 4 affiliate offices with more than 3,000 employees in Florida, Latin America and the Caribbean. Ms. Eaton led CBRE's Florida region since 2011, successfully aligning the firm's state-wide management, operations and sales professional teams, as well as expanding the firm's full-service capabilities throughout Florida. This includes recruiting numerous sales professionals across the state, .rebuilding CBRE's Asset Services and Project Management business lines in Florida, and establishing marketing, research and operations centers of excellence. Ms. Eaton also serves as the executive sponsor of the CBRE Hispanic Network Group, the affinity group supporting Hispanic and Latino professionals across the Americas. A champion for inclusion and diversity in the workplace, Ms. Eaton serves on CBRE's Diversity Council and is also a former board member of The Commonwealth Institute, a non-profit that helps women -led businesses become and stay successful. With over 26 years of experience in commercial real estate, Ms. Eaton is experienced in virtually every aspect of the real estate business, including brokerage, management and operations, construction management, asset management, acquisition and disposition and contract negotiations. Prior to relocating to Florida in 2011, Ms. Eaton was Managing Director of CBRE's Baltimore office and simultaneously oversaw the firm's Asset Services business in the Baltimore -Washington D.C. region, which consisted of approximately 50 million square feet of retail, office and industrial assets under management. She was also instrumental in the merger of the Trammell Crow Company and CBRE. Ms. Eaton started her career with CBRE as Managing Director of Asset Services in the Philadelphia region, and has held positions with Equity Office Properties Trust (EOP) and Lincoln Property Company. CREDENTIALS • Top 100 Power Leaders, South Florida Business Journal, 2015 • Women Making Waves in Commercial Real Estate, The Real Deal, 2015 Top 50 Women -Led Business Leaders in Florida, The Commonwealth Institute, 2014 • Women Changing the World of Real Estate, IREM, 2013 • Top 100 Power Leaders, South Florida Business Journal, 2013 • President's Performance Award, CBRE, 2011 & 2010 • Heavy Hitters in Real Estate, South Florida Business Journal, 2012 100 Power Leaders, South Florida Business Journal, 2012 Market Leader of the Year, CBRE, 2009 CBRE 1 52 uoiwa Twine) 28 aauauadx 2.1 Qualifications of Proposing Firm SHAY POPE T: 305.381.6415 F: 305.381.6462 shay.pope@chre.com CBRE, Inc. Licensed Real Estate Broker MIA VIIBEACH PROFESSIONAL PROFILE Shay Pope is a member of CBRE's Occupier Services team, providing corporate real estate advisory services to Fortune 500 companies, nonprofits and academic institutions throughout South Florida. He and business partner Grant Killingsworth help companies maximize productivity, secure top talent and drive financial success through innovative workplace solutions. Drawing on best -in -class market intelligence, the team specializes in strategic estate planning designed to increase firm profitability and operational efficiencies while aligning real estate portfolios with short- and long- term financial, operational and labor objectives. Since launching his career in 2001, Mr. Pope has been involved in over 2 million square feet of commercial property leases and served as exclusive advisor to some of the most esteemed names in the financial services, legal, technology and health care industries. Prior to joining CBRE, Mr. Pope held positions at both Newmark Grubb Knight Frank and in Trammell Crow Company's Corporate Advisory Services (CAS) practice. NOTABLE TRANSACTIONS • BankUnited — 280,000 SF, Portfolio Restructure • Kaplan, Inc. — 230,000 SF, Multiple Locations • Sheridan Healthcare — 120,000 SF • Interval International — 100,000 SF, multiple locations • Moneygram International — 95,000 SF • Northern Trust — 80,000 SF, multiple locations • Alorica — 78,000 SF • Cancer Treatment Centers of America — 73,000 SF • Starwood Hotels & Resorts Worldwide — 72,000 SF, multiple locations • Lenovo — 71,000 SF • CrossMatch Technologies — 70,000 SF • HP — 60,000 SF • Avaya, Inc. — 53,000 SF • Univision Communications — 34,000 SF • ADT — 30,000 SF • E&Y — 24,000 SF EDUCATION • Bachelors in Business Administration, University of Florida • Masters in Corporate Real Estate (MCR) from the leading, global corporate real estate advisory thinktank, CoreNet CBRE 1 53 uoiwa 21Dnb 2s, aauauadx 2.1 Qualifications of Proposing Firm RYAN NUNES T: 954.331.1711 F: 305.381.6462 ryan.nunes@cbre.com CBRE, Inc. Licensed Real Estate Broker MIAMIBEACH PROFESSIONAL PROFILE Ryan joined CBRE in 2013. Before coming to South Florida, Ryan worked with Studley in Washington, D.C. beginning in 2006. He has created financial models and cost analysis for real estate projects throughout the United States. He also has a breadth of experience in headquarters relocation assignments as well as the consolidation of multiple facilities. Ryan has completed numerous mathematics based analytical projects, receiving awards from multiple institutions. He also holds a patent on a pseudo -random number generator, which utilizes an irrational number table interacting with a Fibonacci Series. The generator has broad applications in encryption and computer security. His strong mathematics background, combined with his prior experience in marketing and public relations, gives him the ability to fully serve a client's planning and analytical needs. Ryan has been a guest lecturer at Georgetown University's McDonough School of Business and Catholic University's Columbus School of Law. PROFESSIONAL AFFILIATIONS • Licensed Real Estate Salesperson State of Florida PROFESSIONAL ACHIEVEMENTS • Licensed Real Estate Salesperson - State of Florida EDUCATION • Bachelor of Arts, University of Pennsylvania, Sociology CBRE ( 54 uopna land aauauadx- 2.1 Qualifications of Proposing Firm KIMBERLY BALKUS T: 954.331.1776 F: 954.468.3069 kimberly.balkus@cbre.com CBRE, Inc. licensed Real Estate Broker CLIENTS REPRESENTED - CIII Asset Management - Invesco - Torchlight Investors - City of Fort Lauderdale MIAMIkiEACH PROFESSIONAL PROFILE Kimberly Balkus, who joined CBRE in 2014 as Real Estate Manager with Asset Services, has been named Senior Transaction Manager for the Global Occupier Services/PIES Division and will be positioned in the Fort Lauderdale office. Her primary responsibilities will be related to the City of Fort Lauderdale and City of Miami contracts. Kimberly has over 16 years of commercial management experience specializing in overall increased financial profitability for assets of direct national and international ownerships. Her experience across all asset types will serve both of these clients well. While serving as Real Estate Manager, Kimberly was assigned to strategic accounts as well as transitional assets. Her assignment of transitional and challenging assets contributed to the success of several Dispositions and Acquisitions for CBRE clients whose concentration in repositioning the assets was achieved with above overall satisfaction. In early 2016, Kimberly assumed the interim Transaction position with primary focus on the City of Fort Lauderdale and FXE Airport properties on behalf of Occupier Services/PIES Division. With her new role as Senior Transaction Manager, Kimberly will continue to support multiple assignments for these two important clients as well as help the PIES business grow across South Florida. PROFESSIONAL AFFILIATIONS/ACCREDITATIONS • 2014 TeamWorkAward — First Service Residential • Property Management Professionals • Project Manager Network • Licensed Real Estate Salesperson - State of Florida • Licensed Florida Community Association Manager EDUCATION • University of Central Florida, Legal Studies CBRE 155 uopna 11nnO 253. aauauadx 2.1 Qualifications of Proposing Firm QUINN EDDINS T: 305.428.6325 F: 305.381.6462 quinn.eddins@cbre.com BUSINESS SECTORS - Office - Industrial - Retail - Multifamily - Hotel MIA PROFESSIONAL PROFILE V1IBEACH Quinn Eddins is Director of Research and Analysis for the state of Florida. As thought leader for the state, Mr. Eddins leads Florida's research teams and is responsible for generating market intelligence and ensuring that clients receive thorough, timely and strategic research information. Prior to joining CBRE, Mr. Eddins was Director of Research for Radar Logic Inc., where he collaborated with partners in the securities industry to launch markets for financial derivatives based on proprietary property price indices. He also developed research and data products covering residential real estate markets throughout the United States and Europe. Earlier in his career, Mr. Eddins worked for the World Bank in Washington, DC, and in Yemen, where he helped to develop water supply and sanitation projects in remote towns and villages. EDUCATION • Masters in Real Estate Development, MIT • Masters in City Planning, MIT • Masters in Middle Eastern Studies, Harvard • Bachelor's, Stanford CBRE 1 56 uopna ?1nne aau niadx 2.1 Qualifications of Proposing Firm 1 STUART LIEBERMAN, MAI T: 305.381.6472 F: 305.381.6441 stuart.lieberman@cbre.com PROFESSIONAL PROFILE MIAMIBEACH Stuart J. Lieberman, MAI is a Vice president with over 25 years of real estate appraisal and consulting experience. Mr. Lieberman is in the Valuation & Advisory Services Group's Miami office in the South Florida/Caribbean Region. Since 1987, Mr. Lieberman has provided real estate valuation and consulting services to the financial lending community, institutional clients, government agencies, corporate entities, legal & accounting professionals, developers and private individuals. Mr. Lieberman has experience providing market studies, feasibility studies, highest & best use analysis, market rent studies, expert testimony & litigation support and portfolio analysis. Mr. Lieberman's experience encompasses a wide variety of property types including single & multi -family residential, senior housing, mobile home parks, high density urban & ocean front developments, open space & public parks, automobile dealerships, service stations & convenience stores, funeral homes, medical office & surgical centers, mixed-use office, financial institutions & branch banks, retail shopping centers & regional malls, parking garages, restaurants & night clubs, movie theaters, health & fitness clubs, marinas & shipping terminals, FBOs (fixed base operations), industrial flex warehouses, bulk distribution, truck terminals, refrigeration warehouses, R&D, business parks, self -storage facilities; and, special purpose properties, including bowling alleys, broadcasting facilities, car wash, historical properties, public & private schools, day care facilities, houses of worship & religious facilities, tourist attractions, sport arenas and entertainment venues & theaters. PROFESSIONAL AFFILIATIONS/ACCREDITATIONS/CERTIFICATIONS • Appraisal Institute — Designated Member No. 12003 • Certified General Real Estate Appraiser, State of Florida License RZ 1074 • Licensed Real Estate Broker — Associate, State of Florida License BK 0477878 EDUCATION • University of South Florida, Tampa, FL, BA, Political Science — 1985 • Appraisal Institute, American Institute of Real Estate Appraisers, Society of Real Estate Appraisers and Florida Real Estate Commission core courses, electives and seminars. CBRE 1 57 co N uoiwa 21nnb ; aauauadx 2.1 Qualifications of Proposing Firm TESS FLEMING T: 904.633.2607 F: 904.791.8953 tess.fleming@cbre.com MIAMIBEACH PROFESSIONAL PROFILE Tess Fleming joined CBRE in May 2015, and serves as Client Services Coordinator for the Public Institutions and Education Solutions group out of CBRE's Jacksonville Florida office. Mrs. Fleming is responsible for client proposals and presentation development, as well as general administrative support to both the PIES group and the Northwest -Florida office. Prior to joining the CBRE team, Mrs. Fleming worked as a Brokerage Assistant for JLL Commercial Real Estate in Jacksonville Florida. Mrs. Fleming brings more than 10 years in real estate experience, and 20 years of account management and administrative support. PROFESSIONAL AFFILIATIONS • Real Estate License, California EDUCATION • Associates of Arts, Florida State College of Jacksonville CBRE 1 5 r ;o1opozilaN 3Do.cdd► Approach and Methodology MIAMIBEACH CBRE's full spectrum of services include: sales advisory, strategic planning, acquisition and disposition studies, highest and best use analysis, construction and development management, site selection, facilities and property management, landlord and tenant representation and lease negotiations, benchmarking studies, innovative financial strategies, and public-private partnerships PORTFOLIO MANAGEMENT ■ Strategic Portfolio Planning • Public -Private Partnership ■ Market and Financial Analysis • Workplace Design Strategies ■ Lean Six Sigma • Training • Supply Chain Optimization • Development/Consulting • Revenue Generation • Portfolio Optimization FACILITIES MANAGEMENT • Asset Management • Operations and Maintenance • Energy Management ■ Sourcing ■ Safety and Security • Critical Facilities Management ■ Disaster Recovery • Commission/De-Commission STRATEGIC PLANNING • Environmental Sustainability • Infrastructure • Financial and Land Use Analysis • Labor Analytics • Fiscal/Economic Redevelopment • Right of Way TRANSACTION MANAGEMENT • Tenant Representation • Acquisitions and Dispositions • Sale/Leasebacks • Lease Terminations • Valuations/Appraisals ■ Lease Administrations ■ Financing Strategies • Market Research • RFP Oversight and Development PROJECT MANAGEMENT/ DEVELOPMENT • Construction Administration • Build -to -Suit • Move Management • LEED Consulting • Cost Estimating/Bidding • Value Engineering • Furniture Procurement Oversight • Project Team Selection • Enterprise Facilities Management (EFM): Facility management professionals delivering integrated maintenance, soft services, and employee support services. Value Highlights: Enhanced workplace environments; operating expense savings; budget certainty; uptime; stewardship of energy & sustainability • Advisory & Transaction Services (A&T): Transaction managers, brokerage professionals, and portfolio administrators leveraging the world's deepest and broadest advisory capability. Value Highlights: Optimized rental rates; improved speed to market, reduced portfolio footprint; compliance • Project Management (PJM): Variable or dedicated project managers worldwide, offering advantaged pricing and integrated delivery. Value Highlights: Safety; capital planning, reduced capital costs; on-time projects • Real Estate Management Consulting: Seasoned professionals advising clients on transformational delivery models, innovations, and management practices. Value Highlights: CRE strategy development: organization design (including centralization and globalization); CRE alignment to enterprise/BU goals CBRE 1 60 r . olopo lam avadd , Approach and Methodology LAI\ DLORD REPRESENTATION/ GOALS & OBJECTIVES MIAMIBEACH Our first objective is to align our services with the City's goals. As representatives on your behalf, we provide superior leasing and marketing services, strive to maintain the highest levels of occupancy and tenant satisfaction, and drive lease values to their full potential. CBRE agency leasing professionals serve the increasingly complex property marketing needs of corporate, institutional, and entrepreneurial property owners in Florida and other major global markets. The CBRE marketing and leasing plan for each property is thoughtfully planned and designed to meet the following objectives: ■ Leverage market data We can see the market better than anyone. CBRE's comprehensive market data and trend analyses reaches beyond typical market statistics to assemble information on tenants seeking space, assess competing buildings, and draw on the collective knowledge of other CBRE service lines. ■ Raise awareness We have the broadest community reach. CBRE leverages long-term, established relationships with others in the brokerage community and responds quickly to proposals and requests. The result is a "broker -friendly" property reputation. • Create a cohesive identity Our knowledge of the market conditions and audience facilitates implementation of the most effective program to reflects an asset's image and desired tenant base. • Assess capital investments Our objective is to increase net asset value, based on ownership's short- and long-term investment objectives. CBRE balances the need for tenant improvement dollars with ownership's expected investment return at the time of the asset's ultimate disposition. • Build the best tenant mix We strategically evaluate the impact that major leases will have on value and offer creative methods to increase occupancy and enhance asset value. CBRE 1 61 r olopoipapv 7s• ziano.tddd Approach and Methodology SUCCESSFUL CAMPAIGN PROCESS MIAMIBEAC;H CBRE utilizes a signature process to thoroughly examine and understand the assets of each agency assignment before developing a comprehensive marketing and leasing strategy. Based on an objective review of the project, as well as competing properties and the surrounding market, our strategy leverages our current network of relationships and applies it to the unique demands of a property. This five-step approach is outlined below: 1. DISCOVERY SCOT analysis Data analytics User profiling Identify targeted tenants Market identification 2. CANVASSING Direct user canvassing CBRE GCS data base CBRE network CBRE SPOCs Brokerage community Consultants Equity sources 4. MEETINGS/ SHOWING Advertising Press releases Email campaigns Direct mailings Marketing flyers Website(s) Signage Broker events CoStar/LoopNet Local broker calls Local broker showings Property/market tours Target meetings with industry leaders, corporate end users and business development groups S. CLOSINGS Lease/ contract negotiation Executed transaction Project management of planned build -out CBRE 1 62 r 28 avo.tdd Approach and Methodology PROVEN METHODOLOGY FOR PRODUCING A TENANT DIRECT TENANT SOLICITATION CBRE Research maintains canvassing notes for the competitive buildings in each major market for use in identifying potential prospects and building -specific canvassing. a We also create a "prospect profile" of users to solicit in order to inspect available space. TENANTS -IN -THE -MARKET REPORT A CBRE Research maintains a list of tenants with active space requirements. • CBRE brokers to solicit possible tenants, analyze tenant requirement trends, and advise clients on lease -up strategies based on the latest market intelligence. CURRENT CBRE CLIENTS a Our unique culture of collaboration fosters communication and partnerships between markets and service lines to find opportunities for creative real estate solutions. ■ Beyond leasing vacant space, CBRE Landlord Representatives leverage relationships with clients in Global Corporate Services, Capital Markets, and Asset Services to provide multiple real estate solutions for each client. BROKER SOLICITATION ▪ CBRE maintains a mailing list of thousands of real estate brokers to whom we regularly distribute marketing materials. • For unique offerings, such as new developments or special incentives for cooperating brokers, hosted broker events at the property or at neighboring amenity locations build awareness and establish a brand. MEDIA PLACEMENT MIA\AIBEACH A Strategic press announcements reach a wide audience at no cost. CBRE Florida's cultivates strong relationships with all media outlets and is frequently consulted and quoted for trends and industry news. For guaranteed exposure, advertising campaigns can be developed in-house, with a consistency of design to advance recognition. THIRD -PARTY MARKETING OUTLETS 1 CBRE has customized marketing tools developed with LoopNet to market availabilities. These are visible to the public and at no cost to the client and linked through CBRE websites. • As a first stop by many brokers seeking space availability, CoStar is also used to ensure information is reaching the broadest audience possible. CBRE 1 63 r ; olopoipaN avo.cdd , Approach and Methodology N' IA,V LEACH • Specific to Section 0200, Paragraph 2 of the RFQ, CBRE's approach and methodology to the specific services requested are as follows: DISPOSITION AND DEVELOPMENT ADVISORY SERVICES MARKET ANALYSIS AND MARKETING PLAN FOR SURPLUS COMMERCIAL PROPERTIES CBRE will develop a comprehensive marketing plan specific to the disposition of City of Miami Beach properties. CBRE's world-wide network of real estate professionals and database of potential investors and developers allows our clients global access and reach to ensure maximum exposure to the opportunity. Our Miami based professionals will engage the services of CBRE communications and public relations departments to identify the best means to reach a broad audience. The marketing program will be reviewed and approved by the City of Miami Beach to ensure it meets the city's goals. Marketing materials include brochures, websites, direct mailings, email blasts, flyers, press releases and the commercial listing services of CoStar and LoopNet. CBRE will approach the disposition and/or development advisory of key assets through the following process. CBRE Capital Markets is able to offer comprehensive investment sales services. Phase 1 Due Diligence Phase 2 Vision & Planning PHASE 1: DUE DILIGENCE Phase 3 Phase 4 Market Evaluation Engagement Transaction tease 5 st Transaction CBRE will perform assessment and analysis of the City's property. This process is intended to allow the City to understand the likely outcomes and risks associated with pursuing various marketing strategies. CBRE will prepare a report outlining the disposition scenarios for the properties, the likely value range, and recommended marketing strategies. CBRE's report will reflect stakeholder input and current market conditions and make recommendations as to specific strategies and timing/phasing of project. Subject to the city's input, specific activities may include: 1. Meetings with internal and external stakeholders 2. A market study to determine demand and to identify disposition or development opportunities (for mixed-use, hospitality, retail, entertainment, limited residential) a. Demographic and economic analysis of the market area and identification of market area activity: Using a variety of publicly available data sources (such as the US Census Bureau and US Bureau of Labor Statistics data) and resources within CBRE's research group, our team will develop a demographic profile that will form the baseline for forward-looking projections. b. Demand projection: Our team will review supply and demand characteristics of major commercial real estate uses (including retail, hospitality, limited residential, and entertainment) within the broader market areas. 3. Identifying and evaluating potential transaction structures. 4. Consider the physical attributes of the property (location, demographics, size and configuration) Establish a market price, Provide Broker's Opinion of Value (BOV) for the property by evaluating comparable sales in the market Evaluate appraisals. 5. Financial analysis for recommended scenarios. CBRE 1 64 r 'oiopowaN aDoJdd Approach and Methodology PHASE 2: VISION AND PLANNING With data collected in previous tasks, CBRE will: 1. Meetings with internal and external stakeholders. 2. Present Phase I conclusions to City officials and stakeholders. 3. Identify timelines for each real estate use (mixed-use, hospitality, retail, entertainment, limited residential). 4. Prepare an Offering Memorandum (OM) to be distributed to the market. a. Interview relevant Stakeholders b. With City guidance, consider public or community input PHASE 3: MARKET ENGAGEMENT Armed with information gathered, CBRE will collaborate with the City to develop and implement an OM process to engage prospective investors and/ or developers by performing the following tasks: 1. Develop an OM template that details the selection process, respondent qualifications, project approach, value parameters, etc. 2. Create a target investor, developer, owner interest list based upon a proposer's financial capability, compatibility with City goals, financial stability, etc. 3. In conjunction with the City's surplus property process, oversee the OM process. a. Hold pre-bid conference b. Disseminate documents; contact respondents for clarifications; answer questions; collect submissions c. Review and qualify selection team 4. Working with the City's selection team, assess overall submission quality. a. Evaluate design and respondent expertise; critically review ability to deliver 5. Perform detailed financial analysis and conduct meetings with finalists as well as Best and Final Offers a. Understand guarantees and security b. Develop Letters of Intent/term sheet with top selected proposer 6. Review final Purchase and Sale contract for adherence to business terms \AIAMIBEACH The Power of the Platform: CBRE Local Marketing Capabilities :R/Ac, ng • Press release on new listing • QR codes • Social media campaign On -Site Events • Broker events • CBRE client open houses • Broker Tours Virtual Events • Launch 360 degree virtual tours • Virtual tours to decision makers Collateral • Marketing boards with floor plans and sub -market map • Project fact packages • Signs at other strategic locations Direct Mail • Postcards • Flyer mailing to brokers Email Campaigns • E-mail blasts • Continue e-mail campaigns to 1,000 + tenants • Bi -weekly digital brochure mailer • Broker blast • CBRE Global Corporate Services and specialty services group CBRE 1 65 r' o1opoipaN 3Vo.idd . Approach and Methodology MIANIBEACH PHASE 4: PROPOSAL EVALUATION, PARTNER SELECTION, TRANSACTION EXECUTION CBRE will evaluate all proposals on like -kind basis and participate considerations: 1. Submission quality including objective and subjective criteria 2. Interviews of proposal teams 3. Proposer financial strength 4. Risk issues for all parties in respondent selection based on the following CBRE will also negotiate and assist with executing all necessary documentation including the following transaction elements: 1. Letter of Intent 2. Due diligence 3. Purchase and Sale Documents 4. Common area and/or Easement Agreements PHASE 5: POST TRANSACTION SERVICES At the request of the City, CBRE will act as the City's representative after contract execution. At the City's request, services may include: 1. Oversee the leasing and/or management of select properties 2. Project/Construction Management THE FOLLOWING CHART PUTS INTO GRAPHIC FORM THE PROCESS DESCRIBED ABOVE FOR TASK 1 auE fll LI GEIYCE Evaluate ail docurnertotiortfdate os currently exists and onalys site conditions and constraints including but not limited to: 1) Environmental Iz—.,r.es 2) Access Tron•,it 3) Geological and Topological Issues 4) Zoning 5) Market study to determine demand for dispoition and/or development: a. Retail b. Restaurant c. Hospitality d. Mixed -Use e. Residential f_ Other TASK'2 • --- VI SI VISI ON/ PLAN! 1•11 'Arch data collected in previous tasks, CBRE will conchal" a vision/planning process that considers the following and results in design concepts to guide an REP: 1) Stakeholders 2) Public Input 3) Civic Needs 4) Decision team 5) Develop branding and timeline for each use 6) Design RFP to distribute to market DAY 150 TASK NiARICET Ef•1GAGEMENT Armed with information gathered in previous studies, develop and implement on RFQ'RFP process to engage developers, investors, and rsersthot defines the following transoction elements: 1) Mosier vs. Multiple Developer(s) 2) wrier comrnitrnent(s) 3) Developer vs. owner vision 4) Schedutelcon mitrnent 5) Guarantees/deposits /contingencies 6) Perform financial analysis DAY DO FAS K -!. PROP OSA L EVALUATI ON, PARTNER SELECTION, TRANSACTION EXECUTION CBRE will evaluate all proposals on like-fcird basis and panccrpote in developer selection Posed on the • fol lowi -y consrderah ons: 1) Submission quality 2) Interviews of proposal teams 3) Proposer financial strength 4) Risk issues for all parties Negotiate and focrlrtatethe falloWing nonsuch on elements-- 1) lements 1) Letter of Intent 2) Dewkprnent agreements 3) Lease. Purchtne agreements 4) Due diligence issues TASK 5 POST TRANSACTION SERVICES Employ representative throughout the construction and development pmce , which may include the following services: 1) Design mrruking 2) Comm.rurnon consulting 3) GreerVSustoinobility technology 4) FariImes Manogemert CBRE 1 66 rZ olopoitiaN ovoidd, Approach and Methodology SAMPLE MARKETING MATERIALS MIA - VIIBEACH To give the City of Miami Beach a sense of the type and quality of CBRE's marketing materials, we have included the following samples." Each are customized to the property type and requirements as well as to highlight the property's attributes and opportunities." Hillsborough County CI 11150 County Road 672 r` Revenrw. FL 33579 r000eery ueAs:Rlprtcxa mvcmem race ...de a .7w[ee. ovrw..vuw. cwerxxu ..11.-nce efr.11Nern me 0. 0.0.(kal awe nave. r nr..t e ®togas lealreWM+l • ?..,... • gaw • nee a,.ax..ata 1,13 AR0ICZb11`Y OOYE11Y*EW ele st...,.4 eAt may foerr. *n,««as .r..rw. aen.1. Of + raw. D enctamlxwrro t...a wwh caw m orn.te. the eee.�s..ean.ia...e ,w ma..wuma.�. a..a. ,.s a.l utmoloaw n+..w la.. wl id ro>.a rrw can»w Aare , ew a • a. le. ..aw n ;.., u.w..r .. trawl Ilse w.wat urif.0 ter saal.a stem Ole 0 elapwar..weN 120 to the W.mtr..N.va xna awwwa:,aveb SlO0C to iso. Im *_ vans. uM r expect men .m¢e.as wage en .1.0n a u.we re110aa..a1 aerweem.r. COR lA6t CBRE SALES GOMPttw9nl RI S. .03 61 Ank tM gee,. y000e. pee r...rw...«r.v.....w, e. aleen CO "A. Wen..re _ae ..aaa taxa szwraw xi>t Hillsborough County CI Contact Forel and sorr...allalg collet % Waders .0041. ill•On. C,on1A2t growing Faith based 0m025 w3h focus on rehab41$tntron or ressr0doono , low income 0005200, Or More church growth Coobtct the him aatustry, Sports.nen s Ck4ba. CaeWil aund operators an0 Storage operators Contact bled:cal research groups. Content large 00141! 0 0Mte Mersa jerk operators. We we use the failnwmq afaotronic tows. Costar. Loopne, CaeneePn Logbc. Also a CBRE created web site for all state alep0snlons assidnn+Onls we would 4200 !eke 10 Gnk td the stela wpb art* Enterprise Ronda CBRE CBRE 1 67 C8o1opoipayt ztanoJddd Approach and Methodology SAMPLE BROCHURE & CAMPAIGN LOGIC Softzfrou•Jor Aqua,* Alm Mew Mule Gamer lax,A.®.9r..I S.I6.MV aryl,0.wk(PSISI6069 Project Overview n ....a.aa n..a �%v+r• sr n. 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JV CULTURE NWGAflMwJI am wax ad .12 .ya..w.•rrW.w \AIAMIBEACH Executive .Summary The overall purpose of this undertaking is to bring together an orgarnzatton roto ane facility to improve organizational effectiveness, business strategies and doily operations that will ultimately better serve the citizens of Miami; and concurrently or subsequently. to dispose of the cumin administrative sue known as the t" MMRC"r property. lmestmeat Sale Activhy ..... . ..a._,...-. ...u.*hem =. ... Io• wan* N*0.:'ry...0-4.±. �. raps v.a a. .alar..ww+.rwo. .........a�.,...w�...0 C a .lona ®� - - rd p��..r.. WJGma a w.... 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N.., or, .• oar etommodemook ^ rob CBRE 1 69 WIAMIBEACH Lee Ann Korst First Vice President 311 East Park Avenue Tallahassee, FL 32301 T: +1 850 251 9319 Ieeann.korst@cbre.com Shay Pope Senior Vice President 777 Brickell Avenue, Suite 900 Miami, FL 33131 T: + 1 305 381 6444 shay.pope@cbre.com Michael McShea Executive Vice President 750 9th Street N.W, Suite 900 Washington, DC 20001 T: +1 202 669 2580 michael.mcshea@cbre.com --,r • r Detail by FEI/EIN Number Page 1 of 3 Flonda Department of State 444‘.. b .org (-,t J i) P 'J tipl rJ W t!'".i,! e ofFEortttrl tcrt� Department of State / Division of Corporations / Search Records / Detail By Document Number / DIVISioN OF CORPORATIONS Detail by FEI/EIN Number Foreign Profit Corporation CBRE, INC. Filing Information Document Number 847299 FEI/EIN Number 95-2743174 Date Filed 10/22/1980 State DE Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/04/2011 Event Effective Date NONE Principal Address 400 S. HOPE STREET 25TH FLOOR LOS ANGELES, CA 90071 Changed: 10/16/2014 Mailing Address 400 S. HOPE STREET 25TH FLOOR LOS ANGELES, CA 90071 Changed: 10/16/2014 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND RD. PLANTATION, FL 33324 Name Changed: 09/24/1999 Address Changed: 05/13/2002 Officer/Director Detail Name & Address Title PRESIDENT AND CHIEF EXECUTIVE OFFICER SULENTIC, ROBERT E http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 6/7/2017 Detail by FEI/EIN Number Page 2 of 3 400 S. HOPE STREET 25TH FLOOR LOS ANGELES, CA 90071 Title DIRECTOR AND SECRETARY MIDLER, LAURENCE H 400 S. HOPE STREET 25TH FLOOR LOS ANGELES, CA 90071 Title DIRECTOR, DEPUTY CHIEF FINANCIAL OFFICER AND CHIEF ACCOUNTING OFFICER BOROK, GIL 400 S. HOPE STREET 25TH FLOOR LOS ANGELES, CA 90071 Title SENIOR VICE PRESIDENT AND TREASURER FAN, DEBERA 100 NORTH SEPULVEDA BLVD, SUITE 1100 EL SEGUNDO, CA 90245 Title CHIEF FINANCIAL OFFICER GROCH , JAMES R 2929 ARCH STREET SUITE 1500 PHILADELPHIA, PA 19104 Title ASSISTANT SECRETARY, VP KEE , CINDY 400 S. HOPE STREET 25TH FLOOR LOS ANGELES, CA 90071 Title VICE PRESIDENT MOSS, WILLIAM S. 200 SOUTH ORANGE AVE. SUITE 2100 ORLANDO, FL 32801 Title SENIOR TAX MANAGER AND ASSISTANT SECRETARY WHITTIKER, LARRY J. 100 NORTH SEPULVEDA BLVD. SUITE 1100 EL SEGUNDO, CA 90245 Annual Reports http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 6/7/2017 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by FEI/EIN Number Page 3 of 3 Report Year 2016 2016 2017 Document Images Filed Date 04/20/2016 11/01/2016 04/25/2017 04/25/2017 — ANNUAL REPORT 11/01/2016 — AMENDED ANNUAL REPORT 04/20/2016 -- ANNUAL REPORT 04/16/2015 — ANNUAL REPORT 10/16/2014 — AMENDED ANNUAL REPORT 04/17/2014 -- ANNUAL REPORT 04/22/2013 — ANNUAL REPORT 04/09/2012 -- ANNUAL REPORT 11/18/2011 — ANNUAL REPORT 10/14/2011 — ANNUAL REPORT 10/04/2011 — Name Change 04/06/2011 — ANNUAL REPORT 02/16/2010 -- ANNUAL REPORT 04/21/2009 — ANNUAL REPORT 05/14/2008 — ANNUAL REPORT 04/11/2008 — ANNUAL REPORT 04/12/2007 — ANNUAL REPORT 04/18/2006 — ANNUAL REPORT 03/31/2005 — ANNUAL REPORT 11/12/2004 — ANNUAL REPORT 04/13/2004 — ANNUAL REPORT 05/05/2003 -- ANNUAL REPORT 05/13/2002 — ANNUAL REPORT 07/20/2001 —ANNUAL REPORT 04/04/2000 — ANNUAL REPORT 09/24/1999 — Req. Agent Change 04/19/1999 -- ANNUAL REPORT 05/28/1998 — ANNUAL REPORT 04/20/1998 — Name Change 11/24/1997 — Req. Agent Change 02/27/1997 — ANNUAL REPORT 05/01/1996 — ANNUAL REPORT 02/22/1995 — ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format - nr tla G+oarmenr r Scare. Deis•;,,., x __n... eat Jr' http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai.l?inquirytype=FeiNu... 6/7/2017 Name History Flonda Department of State g J1 Y1�1r�I i ✓J I �- . r� r �- r� ,, . , r . r ar � �J�� f J� Department of State / Division of Corporations / Search Records / Return to Detail Screen / Page 1 of 1 DIVISION OF CORPORATIONS Return to Detail Screen Events CBRE, INC. Document Number 847299 Date Filed 10/22/1980 Effective Date None Status Active Event Type Filed Effective Description Date Date NAME CHANGE AMENDMENT 10/04/2011 OLD NAME WAS : CB RICHARD ELLIS, INC. NAME CHANGE OLD NAME WAS : CB COMMERCIAL REAL ESTATE AMENDMENT 04/20/1998 GROUP, INC. NAME CHANGE OLD NAME WAS : COLDWELL BANKER COMMERCIAL 03/11/1991 AMENDMENT GROUP, INC. Return to Detail Screen Florida Department of State. Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/NameHistory?aggregateld=forp-847299... 6/7/2017 INSURANCE REQUIREMENTS 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: A. Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability Insurance in an amount not less than $1,000,000. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability for all owned, non -owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. The Consultant's Risk Management Department shall be responsible for providing written notice to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in any policy. A letter from the Consultant's insurance broker referencing the policy number(s) and paid status will be provided upon renewal of each policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement in favor of the City. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S 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 5 ACO/2O® v CERTIFICATE OF LIABILITY INSURANCE DATE(0/ ///D01 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. Stamford CT Off i ce 1600 Summer Street Stamford CT 06907-4907 USA CONTACT NAME: PHONE (866) 283-7122 FAX (800) 363-0105 (NC. No. Ext): (AIC. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED CBRE Group, Inc. and Subsidiaries 400 S Hope Street Los Angeles CA 90071 USA INSURER A: Zurich American Ins Co 16535 INSURER B: ACE Property & Casualty Insurance Co. 20699 INSURER C: 03/01/2018 INSURER D: $2,000,000 INSURER E: INSURER F: CLAIMS -MADE 1 X 1 OCCUR CERTIFICATE NUMBER: 570068910968 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested -EXP INSR LTR TYPE OF INSURANCE ADDL INSD SUBR MD POLICY NUMBER POLICY EFF (MMIDDIYYYY POLICY (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL0838419915 03/01/2017 03/01/2018 EACH OCCURRENCE $2,000,000 CLAIMS -MADE 1 X 1 OCCUR DAMAGE TO RENTE PREMISES (Ea occcur ence) $50, 000 MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO - JECT X LOC PRODUCTS - COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY BAP 8384200-15 03/01/2017 03/01/2018 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY ( Per person) X OWNED - SCHEDULED BODILY INJURY (Per accident) X AUTOS ONLY HIRED AUTOS X AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) X ONLY Comp ded - $1,000 _ X AUTOS ONLY Col ded -$1,000 B X UMBRELLALIAB X OCCUR G27952501002 03/01/2017 03/01/2018 EACH OCCURRENCE $8,000,000 EXCESSLIAB CLAIMS -MADE AGGREGATE $8,000,000 DED X RETENTION $10 000 A WORKERS COMPENSATION AND wC838419518 03/01/2017 03/01/2018 X PEATUTE OOTH ER EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE YIN N All Other States 03/01/2017 03/01/2018 E L EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A wC914173611 Wisconsin El DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CRE: RFQ# 2016 -152 -WG The City of Miami Beach, Florida c/o Insurance Tracking services, Inc. (ITS), P. 0. Box 20270, Lon Beach, CA 90801, miamibeach@instracking.com are included as Additional insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570068910968 Certificate No SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Mi ami Beach 1755 Meridian Ave., 3rd Floor Attn: Procurement Dept Miami Beach FL 33139 USA EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CZ `��k ._ /1� /+ / est cf i. ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570068910968 Certificate No ACS ® I`� CERTIFICATE OF LIABILITY INSURANCE DATE(M 10/10/2017/DD) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. Stamford CT Offi ce 1600 Summer Street Stamford CT 06907-4907 USA CONTACT PHONE(866)FAX (AIC. No. Ext): 283-7122 (AJC. No.): 8003630105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED CBRE Group, Inc. and Subsidiaries 400 5 Hope Street Los Angeles CA 90071 USA INSURER A: Lexington Insurance company 19437 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: CLAIMS -MADE ER: 570068911142 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSRTYPE LTR OF INSURANCE ADDL INSD SUER W VD POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (MMIDDIYYW) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE OCCUR EI DAMAGO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY I IPRO I J ILOC JECT PRODUCTS - COMP/OP AGG OTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY ( Per person) OWNED - SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY HIRED AUTOS - AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) ONLY _ AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND I PEATUTE ERR OTH EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE YIN E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N 1 A E.L. DISEASE -EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE -POLICY LIMIT A E&O-PL-Primary QC1603805 Errors & Omissions SIR applies per policy terms 11/01/2016 & conditions 11/01/2017 Per claim/Aggregate SIR $5,000,000 $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION Ci ty of Mi ami Beach 1755 Meridian Ave. , 3rd Floor Attn: Procurement Dept Miami Beach FL 33139 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� /l �Q ,(�' e....(4 � � e2b eJstttiaa0 c// �i . ✓�sa ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570068911142 Certificate No