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97-22620 RESO RESOLUTION NO. 97-22620 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FROM QUALIFIED DEVELOPMENT TEAMS, FOR THE DEVELOPMENT OF PUBLIC-PRIVATE PARKING FACILITIES IN MIAMI BEACH, SOUTH OF 21ST STREET. WHEREAS, the Capital Improvements and Finance Committee, at its July 14, 1997 meeting, identified a package of parking projects to be included in the 1997 Parking Revenue Bond Issue; and WHEREAS, the Capital Improvements and Finance Committee directed the Administration to develop a Request for Letters ofInterest (RFLI) or Request for Proposals (RFP) to pursue the development of public-private parking facilities involving the use of any privately, and/or publicly owned property in the South Beach area (south of 21 st Street); and WHEREAS, the Mayor and City Commission, at its July 16, 1997 meeting, adopted the recommendations of the Capital Improvements and Finance Committee, and directed the Administration to develop a RFLI or RFP for public-private parking initiatives; and WHEREAS, the Administration, in preparing the document, felt that the RFLI process would not yield specific proposals; and WHEREAS, the RFP process should result in more specific proposals for the City to evaluate; and WHEREAS, the Mayor and City Commission, at its December 3, 1997 meeting, instructed the Administration to amend the RFP to address any proposed project's compatibility with the surrounding neighborhood, and to further limit any accessory or ancillary uses of the project; and WHEREAS, the most difficult commodity in the parking garage equation is land, and the RFP process will seek to prioritize proposals that might include land as part of their project, and not just projects that seek to develop City-owned property. 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 herein approve the issuance of a Request for Proposal for the development of public-private parking facilities involving the use of any privately and/or publicly owned property in the South Beach area (south of 21 st Street). PASSED AND ADOPTED this 17th day of December 1997 MmR ATTEST: .~r~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /hIkttM-:- Cit~ Attorney /..'-'/11117 0... CITY OF MIAMI BEACH ::ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lttp:\\ci.miam i-beach. fl. us COMMISSION MEMORANDUM NO.:J:l.Z.: 9, TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: December 17, 1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION 0 T MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, Fe RillA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FROM QUALIFIED DEVELOPMENT TEAMS, FOR THE DEVELOPMENT OF PUBLIC-PRIVATE PARKING FACILITIES IN MIAMI BEACH, SOUTH OF DADE BOULEVARD. RECOMMENDATION: Approve the Resolution. BACKGROUND: At the July 14, 1997 meeting of the Capital Improvements and Finance Committee, the Committee recommended the issuance of $21 million in Parking Revenue Bonds. The Committee identified a package of parking projects to be included in the Bond Issue: 1. Acquisition of land for, and construction of, a new parking garage in the Collins Park/Cultural Center area. 2. Acquisition of land for a surface parking lot and/or new parking garage in the area between Lincoln Road and 18th Street, between Collins Avenue and Washington A venue. 3. Expansion, renovation, improvement and/or repair of various parking garages in the City. 4. Renovation, improvement and/or repair of various surface parking lots. 5. Replacement of parking meter mechanisms with electronic meters. The Capital Improvements and Finance Committee further recommended that the Administration develop a RFLI or RFP to pursue public/private parking facilities involving the use of any privately and/or publicly owned property in the South Beach area (south of 21 st Street). AGENDA ITEM fZlA f2... (r-Cf7 DATE At the City Commission Meeting of July 16, 1997, the Mayor and City Commission ratified the recommendations of the Capital Improvements and Finance Committee, and approved the issuance of the $21 million Parking Revenue Bonds. The Mayor and City Commission approved the package of parking projects recommended by the Capital Improvements and Finance Committee, and further directed the Administration to develop a RFLI or RFP for public-private parking facilities involving the use of any publicly and/or privately owned property in the South Beach area (south of 21st Street). ANALYSIS: In preparing the document to solicit proposals from the private sector, the Administration felt that the RFLI process would not yield specific proposals, and would result in a much more protracted process. The RFP process should result in actual proposals that the City can evaluate. The most difficult commodity in the garage equation is land. The RFP process will seek to prioritize proposals that might include land as part of their project, not just proposals that seek to develop parking garages on City property. The City is looking for opportunities to develop parking garages on privately owned property, and to partner in the development of parking garages on existing City-owned properties. The attached RFP for a coordinated public-private development project will be issued upon approval by the Mayor and City Commission. Proposers will have ninety (90) days to prepare and submit their proposals. At the December 3, 1997 City Commission meeting, the Mayor and City Commission instructed the Administration to amend the proposed RFP. The RFP has been amended to include language addressing the following concerns: 1. Compatibility of the project with the surrounding neighborhood. 2. Sensitivity of the project to historic preservations concerns. 3. Conformity of proposed development plans to all applicable zoning requirements. 4. Limitation of any accessory/ancillary uses of the project to a minimum; the main objective of the RFP is to address the demand for parking in this area of the City. The procedure for evaluation and selection of the proposal, is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. All proposals opened and listed. 4. An Evaluation Committee, appointed by the City Manager, meets to evaluate and rank the proposals in accordance with the requirements of this RFP. I The Evaluation Committee will base its recommendation on the following factors: a. Firm's experience - proven design capability oflocal or national reputation. b. Qualifications of the project team. c. Previous comparable projects. d. Demonstrated historic preservation experience. e. Proposals that involve privately owned property. f. Proposals that address the City's needs and concerns to the greatest extent. g. Proposals that maximize the return to the City. h. Proposals that are of high quality, and are compatible with the scale and character of the areas in which they are being proposed. 1. Proposals that have minimal accessory/ancillary uses. J. Location of proposals. k. Proposed timing of the project. The Evaluation Committee will recommend to the City Manager, in rank order, the top proposals that the Evaluation Committee believes to be in the best interest of the city. The City Manager will recommend to the Mayor and City Commission a ranked list of all proposals. The Mayor and City Commission will consider the Manager's recommendations and direct the Administration on which proposals to accept. CONCLUSION: The Administration recommends the immediate issuance of the RFP from qualified development teams, for the development of public-private parking facilities to help resolve the parking issues in the South Beach area. ~ JGP/SR/HSM/JYG/lrv A:\COMM\RFLI.RES ~ DRAFT RFP NO. CITY OF :MIAMI BEACH REQUEST FOR PROPOSALS (RFP) FOR A MULTI-LEVEL PUBLIC PARKING GARAGE IN:MIAMI BEACH DATE: 120 RFP NO. CITY OF MIAMI BEACH REQUEST FOR PROPOSALS (RFP) FOR A MULTI-LEVEL PUBLIC PARKING GARAGE IN MIAMI BEACH The City of Miami Beach announces an exciting opportunity for a coordinated public/private development project. The City is aggressively seeking to address the shortage of parking. To this end, the City is seeking qualified development teams to submit proposals to develop a multi-level parking facility or facilities involving the use of any publicly and/or privately owned property in the South Beach area (south of 21st Street). The City is seeking development teams which have the proven experience, fmancial resources, and professional expertise to deliver the highest quality, economically feasible project(s). To this end, the following factors will rank highly in the selection of a development team: o Firm 's experience - Proven design capability of local or national reputation o Qualifications of project team o Firm 's financial capacity to undenake the project(s) o Previous comparable projects o Demonstrated historic preservation experience o Proposals which involve available privately-owned property o Proposals which address the City 's needs and concerns to the greatest extent o Proposals which maximize the return to the City o Proposals which are of high quality and are compatible with the scale and character of the areas in which they are being proposed. o Location of the proposed project(s) o Proposed timing of the project(s) RFP NO: DATE: 1 121 Please refer to the Proposal Submission Requirement section as well as Appendix A-I of this RFP for the necessary items needed for a complete response. All inquiries concerning this RFP should be directed to: Harry Mavrogenes, Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7193 Questions will be received until 4:00 P.M. on Day, Date, 1997. Fifteen (15) copies of the proposals following the required submittal format, must be delivered in sealed boxes to: Ms. Judith Ford, Purchasing Agent Procurement Division City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 The deadline for receipt of proposals is Day. Date. Time. 1998 Proposals will not be accepted after the submission deadline of 4:00 P.M., Day, Date, 1998. Responses received after that date and time will be returned unopened and will not be considered. The information contained in this RFP sets forth the basic guidelines for potential proposers and establishes the minimum requirements for proposals. The City will accept and evaluate information or other .materials with the submittal of proposals which meet or exceed the established minimum requirements for proposal responses. This RFP is not to be construed as an offer by the City of Miami Beach. The contents of this RFP are neither warranted nor guaranteed by the City of Miami Beach. Developers interested in pursuing this development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions concerning statements made in this RFP and any supplements thereto. Jose Garcia-Pedrosa City Manager RFP NO: DATE: 2 122 BACKGROUND Over the last ten years Miami Beach has evolved from being a predominantly tourist destination with a large retirement population, to one which may be characterized as a vibrant residential and resort community. Access to the City's beaches, close proximity to Miami's downtown business district, and the popularity of the Historic Art Deco District are all contributing factors to the discovery of Miami Beach as a place to live and work. The influx of younger residents and families, coupled with the establishment of new businesses in the area, has created a need for supporting services and infrastructure. New parking facilities rank as one of the City's most urgent needs. The area in the City experiencing the most critical shortage of daytime and evening parking is South Beach. The area has emerged as one of the fastest-growing concentrations of new retail, restaurant, and business activity in the City. Major development activity in recent years, as well as imminent projects, will have an even greater impact on parking demand in an already congested area. Among the projects underway are the new 800-room Loews Miami Beach Hotel and the 425-unit Crowne Plaza Resort both located on Collins Avenue between 15th and 16th Streets; the 127-unit II Villagio condominium; the Ill-unit 1500 Ocean Drive condominium and retail projects, located on the north end of Ocean Drive at 15th Street; and the South Beach Cinema project, a l6-screen movie theater and retail complex located on the corner of Lincoln and Alton Roads. Perhaps the greatest demand for new parking in the area stems from the historic hotels located along Collins A venue between Lincoln Road and 23rd Street, many of which have undergone extensive rehabilitation and conversion. Even though the Loews and Crowne Plaza Hotel projects and the movie theater project will have their own parking facilities (800 cars and 300 cars, respectively), it is anticipated that there will be a significant shortage of parking in these areas. SITE DESCRIPTIONS Proposals involving privately owned property are strongly encouraged. In addition, the City has identified certain City-owned parcels for the development of public-private parking ventures and is considering the acquisition of privately owned parcels for future development. Proponents may consider one or more of the following sites and/or any other publicly and/or privately owned properties in the South Beach area. RFP NO: DATE: 3 123 A. 1025-1041Collins Avenue - Located on the east side of Collins Avenue between 10th and 11th Streets, the site comprises a 14,OOO-square-foot City-owned surface parking lot and an adjoining 7,000 square foot parcel which the City has recently acquired. The City already has plans prepared for this site involving a 250-space parking facility with ancillary retail space, and is waiting for development proposals. B. 1672 - 1684 Lenox Avenue - Located on the southwest comer of Lenox Avenue and 17th Street, the 37,500-square-foot site extends from 17th Street south to a lot that is used as parking for the Sun Trust building. It has 250 feet of frontage on Lenox A venue to the east and is bordered on the west by a vehicular alley that separates the property from one-story shops facing Alton Road. The lot is currently a City-owned surface parking lot and is striped for 91 spaces. According to a feasibility analysis performed by Marilyn P. Hett in 1995, demand justified a minimum of 450 spaces and a maximum of 525 spaces in this area. The maximum number of spaces was based upon the parking requirements of a proposed public/private movie theater project that was being considered at the time the report was issued. Since that time, the South Beach Cinema project, a private movie theater development is under construction on the comer of Alton and Lincoln Roads and includes a 300-space privately-built garage. As such, the City-owned Lenox Avenue site would most likely serve a demand for 250-300 spaces. C. An approximately 400-space facility to be located on a site to be assembled by the City in the area generally bounded by Collins A venue and Washington Avenue between Lincoln Road and 18th Street - The Collins Avenue corridor between Lincoln Road and 23rd Street is experiencing a boom of hotel rehabilitations, including the Raleigh Hotel, the Ritz Plaza, the Delano, the National and many others which are planned or underway. Due to the fact that these properties have limited on-site parking capacity and cannot meet the needs of their valet parking operations and hotel guests, the City has been approached by the hotel owners to build a parking facility in the area, however has not selected a site yet. RFP NO: DATE: 4 124 PROJECT OBJECTIVES The City of Miami Beach is seeking to provide adequate parking to meet the needs of the businesses, residents, and visitors of these areas. To this end, proposers are expected to determine projected parking demand and the appropriate number of spaces to be located in each facility for which a proposal is made. The City of Miami Beach will rank proposals on the basis of the following criteria: o Finn's experience - Proven design capability of local or national reputation o Qualifications of project team o Finn's financial capacity to undenake the project(.~) o Previous comparable projects o Demonstrated historic preservation experience o Proposals which involve available privately-owned property o Proposals which address the City's needs and concerns to the greatest extent o Proposals which maximize the return to the City o Proposals which are of high quality and are compatible with the scale and character of the areas in which they are being proposed. o Location of the proposed project(s) o Proposed timing of the project(s) PROPOSAL SUBMISSION REOUlREMENTS Each proposer to this RFP shall submit fifteen (15) copies of its respective proposal package containing all the requested information identified in the "Proposer's Response Document" section of the RFP. The responses must be submitted in sealed boxes by Day, Date, 1998 to the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fl. , 33139. Additional information may be requested by the City following review of the initial submission. Each proposer must arrange all information and exhibits in the order it is requested in the Proposal Submission Requirement section of this RFP; this submittal must be bound in a manner to allow for quick location of the requested information. Signatures, wherever required, must be executed by a person having the authority to represent the proposer and disclose the information as requested. Each development proposal shall include, at a minimum, the following: 1. A Project Summary Sheet - Identifying key aspects of the proposed project(s), in a bullet-point format including but not limited the names of the developer, principals, RFP NO: DATE: 5 125 general partners, etc., principal architect and construction company, contact information (address, telephone, fax, etc.) of the proposing entity, project location, number of parking spaces and stories, any ancillary uses, estimated project costs and financing structure. 2. Acknowledgement Letter, Executed Disclosure and Disclaimer Document- See Appendix A-2 for sample letter, Disclosure and Disclaimer Document to be included with proposal submission. 3. Deposit - A cashier's check drawn on a U.S. Bank:, in the amount of $ , made payable to the City of Miami Beach, must accompany the proposal at the time of submission. The City shall return this deposit to those proposers not selected at the time the City selects a proposal or rejects all proposals received. 4. Proposers I Qualification Requirements - Responses to the Request for Proposals must include the following information concerning the principals involved: Complete identification of the proposer and associated team members, including a specific legal description of the proposer and the jurisdictions under which the proposer is organized, the principal representatives of each organization, and identification of the individual(s) authorized to negotiate and bind the proposer; t/ Current resumes of principal representatives involved; t/ Number of parking garages and/or comparable developments undertaken by the proposer; t/ Experience in developing, owning and/or operating parking garage facilities as appropriate; t/ Financial disclosure attesting to the ability of the respondents to undertake this project. This disclosure must include but not be limited to, current financial statements and recent banking or financing references. Specific references and at least two preferred banking references for each team member of the proposer, along with express written permission to contact these references, are required. 5. Disclosure: Competitive Projects, Bankruptcy and Litigation - All material litigation, administrative proceedings and bankruptcy proceedings currently pending or having occurred within the past ten years directly or indirectly involving any team member, regardless of cause or merit, shall be identified and the nature and status of such litigation and proceedings clearly described. RFP NO: DATE: 6 126 6. Site Control - Each proposal must address ownership of the property. If the developer's proposal includes private property, the developer must submit proof of site control at the time of proposal submission. The City of Miami Beach will prioritize proposals involving projects on privately owned property and secondly, those projects involving City-owned property. 7. Proposer's Development Plan - Each Proposal must include a detailed description of the proposed parking garage development including: square footage, total number of parking spaces, building height, accessory/ancillary uses to be housed in the facility, and compliance with the requirements specified on page 5 of this RFP. Special features proposed for this development as well as the architectural style should be described in this section. 8. Security Requirements - In order to ensure public safety within and nearby to the garage facility, proposals must contain a plan for the provision of appropriate security measures. 9. Project Design Drawings - Plans must include schematic drawings by an architect licensed to do business in the State of Florida, illustrating the proposed development. Schematic drawings shall include basic site and building relationship plans at 1/16 inch scale and diagrammatic sections and elevations showing vertical relationships also at 1/16 inch scale. The presentation of the proposer's development shall also include aerial perspectives or isonometric sketches. All schematic presentation drawings should be board mounted for the convenience of review by the City as well as included in the physical proposal book(s). The City will also welcome any concept plans, architectural drawings, or models the proposer may wish to submit in addition to the development plan description and the required schematic drawings. Additionally, the proposal must include information on how the construction will be contracted (i.e. proposer acting as contractor or proposer contracting with a general contractor or construction manager). 10. Estimated Construction Costs - Each proposer must furnish a detailed construction cost estimate for the entire proposed facility. Proposals must also include a schedule of the approximate dates that each significant improvement is expected to be started and completed, including the date when permits will be secured, as well as the construction start and completion dates. RFP NO: DATE: 7 127 11. Financing Requirements - Proposer(s) are required to provide evidence of the ability to obtain financing for a project. Proposer(s) shall describe how development of all aspects of the garage shall be fmanced (include the amount of equity capital, amount of interim or construction fmancing, amount of permanent financing, source of equity, operating capital, etc.). This section should also address the timing, magnitude and form of participation by the City, if any. The financial plan must be comprehensive and integrate all relevant financial aspects of the development. The financial plan must also include a ten-year proforma for the proposed project, reflecting revenues and expenses including anticipated real estate taxes and debt service or land lease requirements. Proposals shall include letters of commitment from financial institutions rated AA or better, documenting a proposer's ability to secure the necessary funds to complete the proposed development. In addition, the proposal shall include letters of commitment from bonding and insurance firms rated AA or better, demonstrating the project team's ability to obtain the required bonds and insurance. SCHEDULE AND PROCESS Dwing the proposal preparation period, City staff will be available to clarify any portion of this RFP or to answer any questions. Proposers should make their own evaluations with regard to the information provided in this RFP. Tours of the Miami Beach area and the preferred sites may also be arranged through the City and by City staff, if desired. The City anticipates but is not bound by the following proposed schedule: . Request for Proposals Available . Proposals received . Initial review of proposals and notification of proposers meeting minimum criteria . Interviews with qualifying proposers by the City's Review Committee . City Manager recommendations to the City Commission . Contract negotiations completed . Contract submitted to City Commission for approval ,1997 ,1998 ,1998 ,1998 ,1998 ,1998 ,1998 RFP NO: DATE: 8 128 SELECTION CRITERIA The City will evaluate proposals in a two-tier process. The first tier will involve a review of the proposals for conformance to submission requirements and a determination of whether proposals meet the minimum criteria established in this RFP. The first tier review will be conducted by the City Administration in conjunction with the City Attorney's Office. The second tier will involve an evaluation of the technical merits and financial terms of those development proposals which conform to, and comply with, the minimum established criteria. The second tier review will be jointly conducted by the City Administration, the City Attorney and a Review Committee comprised of individuals appointed by the City Manager. For the first tier evaluation, the City will consider, but not be limited to the following factors: Acceptance of the terms of the RFP and compliance with the submission and disclosure requirements of the RFP; Conformance to all project design objectives and requirements identified in the RFP; Compliance with all federal, state, county and city laws; Demonstration of financial resources to complete the project. Proposers are advised that each of the factors listed above are considered threshold criteria. Failure to meet anyone of these factors may be the basis to eliminate a proposal from further consideration. The determination of the City Manager and the City Attorney shall be fmal with regard to the first tier criteria. For proposers which meet the first tier criteria, a more detailed evaluation of technical and financial merits will be conducted. For the second tier review, the City and the Review Committee will consider but not be limited to the following factors: Project design, quality of facilities and amenities; Project management plan; Timing schedule and coordination with the City; Financial plan; and All other criteria and requirements specified in the Project Objectives and Proposal Submission Requirements sections of the RFP. RFP NO: DATE: 9 129 After an initial evaluation of these factors, the City Administration and the Review Committee intend to conduct interviews with qualifying proposers. During these interviews, the Administration and the Review Committee will further explore the technical and fmancial aspects of the qualifying proposals. Proposers will have the opportunity to clarify, but not amend, their proposals as well as advise the City of any additional factors which proposers deem relevant. After completion of the proposers interviews, the Review Committee will rank the proposals for review by the City Manager, who in turn will make a recommendation to the City Commission. Proposers excluded from consideration at any time in the process will be notified promptly in writing, and their deposits will be refunded. SUBMISSION OF PROPOSALS Fifteen (15) copies of the proposal in sealed boxes must be received at the address shown below by 5:00 P.M.. Day. Date. 1998. Late proposals will not be considered. After the proposals have been opened, the review process will commence in accordance with the process outlined in this RFP. Proposers are encouraged, but not required, to utilize the proposal response checklist, included as Appendix A-I, as a framework format to organize responses. Proposals should be addressed to: Ms. Judith Ford Purchasing Director City of Miami Beach Purchasing Department 1700 Convention Center Drive Miami Beach, Florida 33139 All inquiries concerning this RFP should be directed to: Harry Mavrogenes, Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7193 RFP NO: DATE: 10 130 APPENDIX A-I SUBMISSION REOUIREMENT CHECKLIST RFPPAGE REQUIRED ITEMS REFERENCE CHECK/INITIAL 1) Project summary sheet 5 2) Detailed written narrative response and graphic presentation addressing the Project Design Objectives and Submission Requirements sections of this RFP: 5,6,7 3) Acknowledgement Letter with executed Disclosure and Disclaimer document: 5, Appendix A-2 4) $_ deposit in the form ofa cashier's check, drawn on a U.S. Bank: 5 5) Description of proposer and associated team members: 6 6) Current resumes of principal representatives involved: 6 7) Number of parking garages and/or comparable projects: 6 8) Description of relevant experience developing, owning and/or operating 6 parking garage facilities: 9) Financial disclosure as required in the RFP: 6 10) Disclosure of competitive projects, bankruptcy, administrative proceedings and litigation: 6 11) Proposer's development plan addressing project requirements identified in the RFP: 7 12) Security requirements: 7 RFP NO: DATE: 11 131 PAGE REQUIRED ITEMS REFERENCE CHECK/INITIAL 13) Project design drawings: 7 14) Site disposition: 3,5,7 15) Estimated project costs: 7 16) Financial plan, including a 10-year operating proforma: 8 17) Description of public investment assistance, if any: 8 18) Letters of commitment from qualified financial institutions: 8 19) Letters of commitment from qualified bonding and insurance firms: 8 20) Current financial statements: 6 21) Bank references: 6 22) 15 copies of proposal: 2,5,10 RFP NO: DATE: 12 132 APPENDIX A-2 ACKNOWLEDGMENT LETTER Proposers shall incorporate in their proposal the following letter and Disclosure and Disclaimer attachment on the proposer's letterhead stationary: RE: Request for Proposals for a Multi-Level Public Parking Garage in Miami Beach. Dear Sir or Madame: I have read the City of Miami Beach's Request for Proposals for a Multi-Level Public Parking Garage in Miami Beach. On behalf of our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. In addition, we have read, rely upon, acknowledge, and accept the City's disclosure and disclaimer which is attached hereto and is fully incorporated into this letter. Sincerely, [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] RFP NO: DATE: 13 133 DISCLOSURE AND DISCLAIMER This Request for Proposals (ltRFpIt) is being furnished to the recipient by the City of Miami Beach (the "Citylt) for the recipient's convenience. Any action taken by the City in response to proposals made pursuant to this RFP or in making any award or in failing or refusing to make any award pursuant to such proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, 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 RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP 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 proposals in response to this RFP. Following submission of a proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the proposal and the applicant including 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 development entities. 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 RFP. Any reliance on these contents, or on any communications with City officials, shall be at the recipient's own risk. Prospective bidders should rely exclusively on their own investigations, interpretations and analyses. The RFP 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 proposal conforming with these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions ofthis disclosure and disclaimer, is totally relying on this disclosure and disclaimer, and agrees to be bound by the terms hereof. Any proposals submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such proposal. This RFP 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. RFP NO: DATE: 14 134 The City and all proposers will be bound only as, if and when a proposal, 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 RFP 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 proposals and supporting documents shall be subject to disclosure as required by such law. All proposals shall be submitted in sealed bid 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. Proposers are expected to make all disclosures and declarations as requested in this RFP. By submission of a proposal, 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 proposal, 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 proposal is true, accurate and complete to the best of its knowledge and belief. Notwithstanding the foregoing or anything contained in the RFP, all proposers 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 RFP 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 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. RFP NO: DATE: 15 135 , In the event of any differences in language between this disclosure and disclaimer and the balance of the RFP, it is understood that the provisions of this disclosure and disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] RFP NO: DATE: 16 136