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
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CITY OF MIAMI BEACH
::ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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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.
~
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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