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HomeMy WebLinkAboutPSA between the CMB and National Council for Community Development, Inc. for Economic Development Consulting Services Pursuant to RFQ-2024-005-NDMwa n&i.elved> 70 R0a,.Qp,.,110-11CM-1906�PCErr 2 Q 2 4— 3 3 3 0 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC. FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES PURSUANT TO RF42024-005-ND LAN This Professional Services Agreement ('Agreement') is entered into this ("Effective Date'), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation Organized and existing under the laws of the State of Fiends, having Re principal offices at 1700 Convention Center Drive, Miami Beach. Forida, 33139 (the 'City'), and NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC., a New York Corporation, whose address is 633 Third Avenue, Suite 19J. New York, New York 10014 ('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 Gly Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Economic Development Department Director. Consultant' For the purposes of this Agreement. Consultant shall be deemed to be an independent contractor. and not an agent or employee of the City Services All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFO, No. 2024-005- NO for Economic Development Corseting Services, together with all amendments thereto. issued by the City in contemplation of this Agreement. the RFO, and the COnsultard's proposal in response thereto ('Proposal'), all of which are hereby incorporated and made a pan hereof. provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following orderof precedent shall prevail this Agreement. the RFO, and the Proposal. Doorsign Envelope ID: 7D056061-A C7430D-8C62-15C6A65FCEF1 Contract No. 24005-10 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. 26724; and fax number (305) 673-7529. 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' 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 perfomled in accordance with the terns and conditions set forth in Exhibit "A° and 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: Economic Development Department City of Miami Beach Rickells Williams, Director 1755 Meridian Avenue, Suite #200 Miami Beach, FL 33139 Ph: 305-673-7572 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit "B" hereto. 2.3 Consultant shall only commence any services, or portions thereof, upon issuance of a Consultant Service Order ('CSO"). In selecting the Consultant with whom to execute a CSO, the city may select the prequalified Consultant it deems most qualified for the project or seek proposals from one (1) or more qualified Consultants. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereoll), and shall have an initial term of three (3) years, with one (1) two-year renewal option, to be exercised at the City Managers 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. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services. as Docusign Envelope lD:]0086 1-A2 743 8CB2-15CBA85FCEF1 Contract No. 24-005-10 same istare set forth in the timeline and/or schedule referenced In the CSO attached hereto as Exhibit'B." SECTION 4 lE 4.1 In consideration of the Services to be provided, Consultant shall be compensated through individual CSOs (Exhibit W) issued for a particular future project in accordance with the established hourly rates (Exhibit "C"). Each future project will be awarded by a CSO, including a negotiated scope of services and cost (by deliverable). 4.2 The Services will be commenced by the Consultant upon receipt of a written CSO signed by the City Manager's designee. Consultant shall countersign the CSO upon receipt and return the signed copy to the City. CSOs shall be executed in accordance with Contract Approval Authority Procedure 03.02 or as amended. Any CSO not executed in accordance herewith shall be null and void. Any CSO exceeding $100k will require Commission Approval. 4.3 Additional services not included in Exhibit "A" shall be considered ancillary. The City Manager's designee and Consultant will negotiate such fee and will be approved in accordance with Contract Approval Procedure 03.02 or as amended. 4.4 Reimbursable expenses are NOT an allowance set aside by the City and shall be included in all bid pricing. 4.5 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, and shall be submitted to the City at the following address: Accounts Payable: Pavablesnmiamibeach0.c9v 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 Docusign Envelope ID'. 7D086061-A C7�300-8CB2-15C6A65FCEF1 Convect No. 24-005-10 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 Cityfor 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 deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attomeys' 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. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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 6A INDEMNIFICATION Consultant agrees to indemnify, defend 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 Docusign Envelope ID:7D086061-QC7430D4CB2-15C6A65FCEF1 Conowt No. 24-005-10 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. 6.2 INSURANCE REQUIREMENTS 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A, Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractorshall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000.000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined peraccident for bodily injury and property damage. D. Professional Liability (Erors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less then $1,OOO,000. 6.4 Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. D cusiin Envelope 10: 7009E061-A2C73300ACe2-15C6A65FCEF1 Con t No. 24-005-10 6.5 Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach cto EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage — Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work Commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified Copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(cNiskworks com 6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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. SECTION 7 LITIGATION JURISDICTIONNENUEIJURY 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. Deasign Envelope ID: 7D0 61-A2C7330D.BCB2-1506A65FCEF1 Cones No. 24005-10 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 $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. 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 $10,000 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 LAWSIPATENT RIGHTS COPYRIGHT AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services 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 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 shalt 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. Docusgn Envelope ID: 7D066N1-A 74WD-8CB2-15C6A65FCEF1 SECTION 10 GENERAL PROVISIONS 10.1 Contract No. 24-005-10 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 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-376 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D sign Envelope ID: 7po88061-A C74WDD8CB2-15CW5FCEF1 Contract No. 24-005-10 (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its oRcem, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 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. Docusign Envelope ID: 7D086061-A C7430D-BCe2-15CeA65FCEF1 Convect No. 24-005-10 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a Stale of Florida Form FUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division, i171��:Celr]kid:fl'II.r_\r[e]i 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 an 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 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 City. (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 ga), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the Oty'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 10 Dowsign Envelope ID: 7D086061-A2C74WMCB2-15C6A65FCEF1 Camuxor No. 24-005-10 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. (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 attorneys' 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. 11 Doovsgn Envelope ID: 7D088081-A C743OD8C132-15CI A85FCEF1 Contract No. 24-005-10 (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(cDMIAMIBEACHFL GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A' Force Majeure' event is an event that (i) In fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and III) is beyond the reasonable control of such party unable to perform the obligation, and (III) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, dot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (1) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are 12 Dowsign Envelops ID: 7DO66o61-A2G7-0 0D41Ce2-15C6M65FCEF1 Contract No. 24-005-10 only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent As inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section. 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. In no event will any condition of Force Majeure extend this Agreement beyond As stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ('E-Verity Statute'), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (6) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Cityshall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subcensultant. Consultant's failure 13 Decustgn Envelope ID: 7D086061-A2C7430D-8CB2-15C6A65FCEF1 Convect No. 24-005-10 to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (Bx1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (Bx1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (Bx1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. 10.10 Consultant agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Certification of Compliance with Anti -Human Trafficking Laws, as required by Section 787.06(13). Florida Statutes, a copy of which is attached hereto as Exhibit E" SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC. Attn: Daniel Marsh III 633 Third Avenue, Suite 19J New York, NY 10014 Ph: 262-682-1106 Email: dmarshC5dfOWamenca.ord TO CITY: Economic Development Department City of Miami Beach Attn: Rickelle Williams, Director 1755 Meridian Avenue, Suite #200 Miami Beach, FL 33139 Ph: 305-673-7572 Email: rickellewilliams4miamibeachfl.gov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. 14 Docusign Envelope ID:7D666661-A2C7436D-6Ce2-15C6A65FCEF1 SECTION 12 12.1 CHANGES AND ADDITIONS Contract No. 24-005-10 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. 122 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. 12.3 WAIVER OF BREACH A parry's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 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] 15 D� EaWIOM ID 71)(1118161 N' C743DO-SCU-15C6465FCEFI COnVa[I Nu, 2� U05 II) IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the dale first entered above FOR CITY ATTEST / By �— Rafael E. Grarlado. City Clerk Date JAN 2 1 !01S FOR CONSULTANT: CITY OF MIAMI BEACH, FLORIDA %1 ht 'N Eric Carpenter, pty Manager APPROVED AS TO FORM B LANGUAGE & FOR EXECUTION '%�t�( k�S.K 12IUrIZH City Attorney Dale NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC. By --- Daniel Marsh Ill, President & CEO Print Name and Title Date: 126QO24 16 Docueign Envelope ID: 7D0NWl-AZC74800-8CB2-15CB FCEF1 Connect No. 24-005-10 EXHIBIT A SCOPE OF SERVICES I. Scope of the Services. A pool of multidisciplinary consultant teams has been established to provide economic development consultant services to the City. These services may include but are not limited to comprehensive economic development strategic planning, developing high-level evaluation of market opportunities and position strategies for key commercial corridors and areas, evatuation of current market dynamics and economic assets, benchmarking and competitive assessment, asset -based economic development, sustainable development, costmnancial modeling, leadership and organizational development models, business development strategies, targeted industry analysis, real estate development fiscal analysis, cost -benefit analysis, data collection and assessment, marketing and branding plans, prospect identification and outreach, competitive and responsible economic development incentive policies, workforce trends, forecasts analysis and talent development, and community outreach and engagement. If. Awarding Work. This Agreement is to ensure that there is a sufficient pool of consultants to assist the City with its future economic development needs on a project -by -project basis. In selecting the consultant with whom to execute a CSO, the City may select the prequalified consultant it deems most qualified for the project or seek proposals from one (1) or more prequalified consultants. Execution of this Agreement does not guarantee that the prequalified consultant will receive any work, only that the consultant shall be prequalified to be considered for future work, if and when needed. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] fit Contract Contract a Dept. C SON - Change Order k Consultanti Protect fide: t. Fshmdled cdlenddt ddys to unnylete the wurs: ]. Total amount original C SO 3. total amount all previous Amendments 0. Total amount this Amendment S. Total Amount for Engagement 6. Fee for ancillary items for this Service Order Account Code: Notes I of Ciry (Hamel Stgnalurc I'. n. For Consudant(Name) Stgnatu" Dale Docusign Envelope ID:'/D086061-A 74300-8CB2-15C6A65FCEF1 Contract No. 24003-10 EXHIBIT C HOURLY RATES ECONOMIC DEVELOPMENT CONSULTANT SERVICES HOURLY RATES 1 Princl t-in-ch r /Economis ni r Senior Pro ectM na er 238.50 2 196.10 Pm ect Mana er/P nner/Economist l nior Assistant Pr tMina er 185.50 4 EconomicOmiopmentAnaryst 159.00 Senior PosldonS and/or Ancillary Rates Inicudingbutaw Umlted to: 6 Senior Urban Designer Engagement and Research Director (Economic Development. Organizational Management) Economic Development Analyst/Research Manager Sublect Matter Specialist Business Analyst Senior FinancialAnalyst Senior Digital Channel Branding Specialist Marketing Channel Management Specialist Strategist M' - se DevellIgintint Market Strategist JuniorAnatirst NTE$159.00 7 9 10 1 12 itEconomicDevelopment 17 M.50 18 IGISTectimcian lunlorPosition and/wAncillary Rates Inlcudingbut not iimRed to: 19 Urban Designer Marketing/Advert sing Specialist Community Outreach Specialist Public Relations/Media Specialist Graphic Designer Webslte Designer Social Media Specialist Videographer Photographer Video Editor Copywriter Business Analyst Junior Financial Analyst Junior Designer NTES321.90 20 1 2 23 o 25 26 27 28 TUrban iB1 Docusign Envelope ID'. 7D086061-A C7<30"CB2-15C6A65FCEF1 Contract No. 24-005-10 EXHIBIT D APPROVED SUB•CONSULTANTS Technical Advisory Services Group: project co -leads, point of contact for Miami Beach. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 20 Docu*n Eneebpe ID: 7D066061-A C7430D-8C82-15C6A55FCEF1 Cw=tNo.24-005-10 EXHIBIT E HUMAN TRAFFICIONG CERTIFICATION Certification of Compliance with Anti -Human Trafficking Laws In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity named below ("Entity"), hereby attests under penalty of perjury that the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Entity National Council for Community Development, Inc. (Vendor Signature) (Company Name) Daniel Marsh III 633 Third Ave, 19J, New York, NY 10017 (Print Name) (Address) State of Vermont County of Bennington The foregoing instrument was acknowledged before me by means of ® physical presence or O online notarization, this 12/5 by Daniel Marsh III known to me to be the person described herein, or who produced a Driver's License N TA Y PUBL (Signature) Reed Bongartz (Print Name) My commission expires: 12/31/2025 identification, and who did/did not take an oath. 21 1V�bl" Veff Bee BO QanZ Cam? ev30 tNo-1611101 ]0e1• ATTACHMENT A RESOLUTION & COMMISSION AWARD MEMO RESOLUTION NO. 2024-33302 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2024- 005-1,10, FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES, AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PRE - QUALIFIED CONSULTANTS FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DAEDALUS CAPITAL, LLC, AS THE FIRST -RANKED PROPOSER; ERNST & YOUNG LLP, AS THE SECOND -RANKED PROPOSER; HUNDEN STRATEGIC PARTNERS, INC., JONES LANG LASALLE AMERICAS, INC., AND PFM GROUP CONSULTING LLC, AS THE TIED THIRD -RANKED PROPOSERS; WILLDAN FINANCIAL SERVICES, INC., AS THE SIXTH -RANKED PROPOSER; L.M. GENUINE SOLUTIONS LLC, AS THE SEVENTH -RANKED PROPOSER; ACCENTURE LLP, AS THE EIGHTH -RANKED PROPOSER; GOMAN YORK PROPERTY ADVISERS LLC AND NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC., AS THE TIED NINTH -RANKED PROPOSERS; VISIONFIRST ADVISORS, AS THE ELEVENTH -RANKED PROPOSER: AND CAMBRIDGE ECONOMETRICS INC. AND ECONSULT SOLUTIONS, INC., AS THE TIED TWELFTH -RANKED PROPOSERS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on May 16, 2024. the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2024-005-ND for Economic Development Consultant Services; and WHEREAS, Request for Qualifications No. 2024-005-ND (the "RFQ') was issued jointly by the City of Miami Beach, the Miami Beach Redevelopment Agency (RDA), and the North Beach Community Redevelopment Agency (NBCRA) on May 17, 2024; and WHEREAS, a voluntary pre -proposal meeting was held on May 30, 20241 and WHEREAS. on August 6, 2024, the City received a total of 18 proposals; and WHEREAS, On September 11, 2024, the City Commission adopted Resolution No. 2024- 33225, shortlisting the following firms to be fuller considered in the RFQ evaluation process: Accenture LLP, Cambridge Econometrics Inc., Daedalus Capital, LLC, Ecensult Solutions, Inc., Ernst 8 Young LLP, Goman York Property Adviser; LLC, Hunden Strategic Partners. Inc.. Janes Lang Lasalle Amedcas, Inc., L.M. Genuine Solutions LLC, National Council for Community Development, Inc., PFM Group Consulting LLC, VisionFirst Advisors, and Willdan Financial Services, Inc.; and WHEREAS, the Evaluation Committee, appointed by the City Manager via LTC# 318-2024; convened on September 26, 2024, to interview the shortlisted firms; all WHEREAS, the Evaluation Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Evaluation Committee ranked the proposers as follows. Daedalus Capital, LLC, as the first -ranked proposer; Ernst & Young LLP, as the second -ranked proposer; Hunden Strategic Partners, Inc., Jones Lang Lasalle Americas, Inc., and PFM Group Consulting LLC, as the tied third -ranked proposers; Willdan Financial Services. Inc., as the sixth -ranked proposer, L.M. Genuine Solutions LLC, as the seventh -ranked proposer, Accenture LLP, as the eighth -ranked proposer; Goman York Property Advisers LLC and National Council For Community Development, Inc., as the tied ninth -ranked proposers; VisionFirst Advisors, as the eleventh -ranked proposer; and Cambridge Econometrics Inc. and Econsult Solutions, Inc., as the tied twefth-ranked proposers: and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and analysis, the City Manager concurs with the Evaluation Committee and recommends that the Mayor and City Commission authorize the Administration to establish a pool of pre -qualified consultants for economic development consultant services; authorize the Administration to enter into negotiations with Daedalus Capital, LLC, as the first -ranked proposer; Ernst & Young LLP, as the second -ranked proposer; Hunden Strategic Partners, Inc., Jones Lang Lasalle Americas, Inc., and PFM Group Consulting LLC, as the tied third -Winked proposers; Willdan Financial Services, Inc., as the sixth -ranked proposer; L.M. Genuine Solutions LLC, as the seventh -ranked proposer: Accenture LLP, as the eighth -ranked proposer; Goman York Property Advisers LLC and National Council For Community Development, Inc., as the tied ninth -ranked proposers; VisionFirst Advisors, as the eleventh -ranked proposer. and Cambridge Econometrics Inc. and Econsult Solutions, Inc., as the tied twelfth -ranked proposers: and further authorize the City Manager and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration. 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 accept the recommendation of the City Manager. pursuant to Request For Qualifications ('RFQ') No. 2024- 005-ND, for Economic Development Consultant Services: authorize the Administration to establish a pool of prequalified consultants for specific tasks relating to economic development consultant services; authorize the Administration to enter into negotiations with Daedalus Capital. LLC, as the first -ranked proposer; Ernst & Young LLP, as the second -ranked proposer; Hunden Strategic Partners, Inc., Jones Lang Lasalle Americas, Inc., and PFM Group Consulting LLC, as the lied third - ranked proposers; Willdan Financial Services, Inc., as the sixth -ranked proposer; L.M. Genuine Solutions LLC, as the seventh -ranked proposer; Accenture LLP, as the eighth -ranked proposer, Goman York Property Advisers LLC and National Council For Community Development. Inc., as the tied ninth -ranked proposers: VisionFirst Advisors, as the eleventh -ranked proposer, and Cambridge Econometrics Inc. and Econsult Solutions, Inc., as the tied twelfth -ranked proposers: and further authorize the City Manager and City Clerk to execute agreements with each of the proposers upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 30 day of ry 2024. Steven Meiner, Mayor A>TESTL,7' / NOV 0 5 2024 � 9' .wPRoveD As TO Rafael E. Granado, City Clerk FORM & LANGUAGE Atomey 5rY- Date hk Procurement Requests - C2 A MIAMI BEACH COMMISSION MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: October 30, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2024- 005-ND, FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES, AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PREQUALIFIED CONSULTANTS FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DAEDALUS CAPITAL, LLC, AS THE FIRST -RANKED PROPOSER; ERNST & YOUNG LLP, AS THE SECOND -RANKED PROPOSER; HUNDEN STRATEGIC PARTNERS. INC., JONES LANG LASALLE AMERICAS, INC., AND PFM GROUP CONSULTING LLC, AS THE TIED THIRD -RANKED PROPOSERS; WILLDAN FINANCIAL SERVICES, INC., AS THE SIXTH -RANKED PROPOSER; L.M. GENUINE SOLUTIONS LLC, AS THE SEVENTH -RANKED PROPOSER; ACCENTURE LLP, AS THE EIGHTH -RANKED PROPOSER; GOMAN YORK PROPERTY ADVISERS LLC AND NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC., AS THE TIED NINTH -RANKED PROPOSERS; VISIONFIRST ADVISORS, AS THE ELEVENTH -RANKED PROPOSER; AND CAMBRIDGE ECONOMETRICS INC. AND ECONSULT SOLUTIONS, INC., AS THE TIED TWELFTH -RANKED PROPOSERS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. (ECONOMIC DEVELOPMENT) JOINT CITY COMMISSION, RDA, AND NBCRA RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ('City Commission') approve the Resolution. The solicitation is currently under the cone of silence. The City is dedicated to fostering a robust economy that stimulates balanced growth by connecting business, community, people, and jobs through business assistance and resources. corridor development and redevelopment. real estate, and creating a diverse economy that produces a dynamic and resilient community To meet City goals, objectives, and expectations, a pool of Economic Development consultants (Consultants) is secured to assist the City assess economic development potential. develop economic development strategies, implement projects, provide professional industry insight, build capacity, promote economic development awareness and more (collectively. "Consultant Services') The Consultants are contracted to assist as needed and by specialty The current pool of Consultants contracts is set to expire on December 11. 2024 Page 43 of 2497 In anticipation of the expiring Consultant contracts, the Administration requested approval to issue Request for Qualifications (RFQ) 2024-005-ND for Economic Development Consultant Services for an initial term of three (3) years with one (1) two-year renewal tens or two (2) one-year renewal terms at the City Manager's sole discretion. ANALYSIS On May 15, 2024. the Mayor and the City Commission authorized the issuance of RFQ No. 2024- 005-ND for Economic Development Consultant Services. On May 17. 2024, the RFO was issued jointly by the City of Miami Beach, the Miami Beach Redevelopment Agency (RDA). and the North Beach Community Redevelopment Agency (CRA). A voluntary pre -proposal conference to provide information to proposers submitting a response was held on May 30, 2024, Two (2) addenda were issued, and 89 prospective bidders accessed the advertised solicitation RFQ responses were due and received on August 6, 2024. The City received a total of eighteen (18) proposals. On September 11, 2024, the City Commission adopted Resolution No. 2024-33225, shortlisting the following firms to be further considered in the RFQ evaluation process: Accenture LLP, Cambndge Econometrics Inc., Daedalus Capital, LLC, Econsult Solutions, Inc., Ernst & Young LLP, Goman York Property Advisers LLC, Hunden Strategic Partners, Inc.. Jones Lang Lasalle Americas, Inc., L.M. Genuine Solutions LLC, National Council for Community Development, Inc.. PFM Group Consulfing LLC, VisionFirst Advisors, and Willdan Financial Services, Inc. The Evaluation Committee (the 'Committee-), appointed by the City Manager via Letter to Commission (LTC) # 318-2024, convened on September 26, 2024, to interview the shorListed firms. The Committee was comprised of Justin Karr, Economic Development Manager, Economic Development Department, Rogelio Madan, Development and Resiliency Officer. Planning Department. Colette Satchell, Senior Project Manager, Office of Capital Improvement Projects. and Luis Wong, Administrative Services Manager. Economic Development Department The Committee was provided an overview of the request for qualifications and information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law, general information on the scope of services. and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in Attachment A. A summary of each top -ranked firth is available upon request. The Administration has considered the qualifications of the top thirteen firms and finds them to be vaned in capabilities and experience and, thus, a diverse selection of consultants. The types of economic development activities scheduled and projected vary from strategic planning, industry and market research, statistical and empirical economic analysis, workforce development viability, community and neighborhood development programming, economic impact studies, public -private partnership evaluations, and more. Access to a robust pool of consultants, ranging from small, local, and regional to national and global expertise. ensures access to diverse approaches and talent and the ability to engage multiple consultants simultaneously. As the solicitation was jointly issued by the City. RDA. and CRA. a wide variety of services may be needed Therefore, it is recommended that the thirteen (13) firms be awarded to establish a pool of prequalified economic development consultants to aid the City advance the economic development goals, mission, and vision of the City Commission. FISCAL IMPACT STATEMENT Page 44 of 2497 Fees will be established through the negotiation process. The Economic Development Department has budgeted $100.000 for these services. Services shall be subject to the availability of funds approved through the City's budgeting process. Grant funding is not anticipated to be utilized for this project. Does this Ordinance require a Business Impact Estimate? iFOR ORDINANCES ONLY) If applicable, the Busirwss Impact Estimate (BIE) was published on: See BIE at: httosat 'h achFl agv/city-hallic tyCle klmeetina-noticesr FINANCIAL INFORMATION 1W1-0531_000312-35-404 334-00-00.00 ( $100.000'i CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution authorizing the Administration to establish a pool of prequalified consultants for specific tasks relating to economic development consultant services: authorizing the Administration to enter into negotiations with Daedalus Capital, LLC. as the first -ranked proposer, Ernst 8 Young LLP, as the second -ranked proposer, Hunden Strategic Partners, Inc., Jones Lang Lasalle Americas, Inc.. and PFM Group Consulting LLC, as the tied third -ranked proposers. Willdan Financial Services. Inc., as the sixth -ranked proposer, L.M. Genuine Solutions LLC. as the seventh -ranked proposer, Accenture LLP, as the eighth -ranked proposer, Goman York Property Advisers LLC and National Council For Community Development, Inc, as the tied ninth -ranked proposers, VlsionFirst Advisors, as the eleventh -ranked proposer. and Cambridge Econometrics Inc. and Econsuk Solutions, Inc., as the tied twelfth -ranked proposers, and further authorizing the City Manager and City Clerk to execute agreements with each of the proposers upon conclusion of successful negotiations by the Administration Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-177 No Is this item related to a G.O. Bond Protect? No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2481, includes a principal engaged to lobbying? No it so specify the name of lobbyist(sl and principal(s) Department Procurement Sponsorfs) Page 45 of 2497 Co-soonsorlsl Condensed Title Joint, Award RPt] 2024-005-ND, Economic Development Consultant Services ED/PR Page 46 of 2497 � �, — _ , -$: —, 3 s 20 ya 2' 3 a �, N O O P a 0 N C O c4i $ O c a v 0 m d� 4 a - m = N ci (7 (1 C a O T c d R o a U o p w N c U c V c w y p a c a d u 0 o 0 = 0 W 0 0 N z = ATTACHMENT B ADDENDUM AND RFQ SOLICITATION M I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3b Floor Miami Beach, Florida 33139 v .miamibeachfl.gov ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2024-005-ND FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES June 26, 2024 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 RFO is amended in the following particulars only (deletions are shown by stdkethrough, and additions are underlined). Q1. (In reference to Section 3 — Conflict of Interest, page 7 of bid packet) Considering the size of our firm (over 300,000 global employees), can disclosure of any immediate family member who is also an employee of the City of Miami Beach be limited to those of the personnel identified for this RFQ? At: Disclosure of any immediate family member who is also an employee of the City of Miami Beach can be limited to those of the Bidder's personnel identified in the proposal. Any questions regarding this Addendum should be submitted in wrRing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfi.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Natalia Delgado Procurement Contracting Officer III 1 I AbbENOUM NO-2 REQUEST FOR QUALIFICATNINS NO.2o2a4a4ND FOR ECONOMIC DEVELORMENTCONSULTANT SERVICES M I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3- Floor Miami Beach, Florida 33139 w uniamibeachg.gov ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS NO.2024-005-ND FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES June 24, 2024 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 (deletions are shown by strikethrough, and additions are underlined). I. REVISION. Section 0400, Proposal Evaluation, Subsection 4. Evaluation Criteria is hereby amended as follows: 4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria: Experience and N r Approach, Methodology (Tab •r TOTAL AVAILABLE POINTS for Qualitative Criteria 100 Quantitative Criteria Maximum Points TOTAL AVAILABLE POINTS for Qualitative and 105 Quantitative Criteria II. RESPONSES TO QUESTIONS RECEIVED: Q7: Who are the current on -call contract holders? Al: Lambert Advisory, L.C., The Corradino Group, Inc., Wilidan Financial Services, Inc., and Daedalus Capital I.I.C. Q2: Should teams have experience doing all parts of the scope, or can firms submit competitive proposals with deeper but more narrow experience? A2: The City is looking for consultant teams that specialize in all or a portion of the competencies identified in the RFQ. The City will engage consultant teams based on their area(s) of expertise. Q3: Is there any local preference in the selection process? A3: No, please refer to Section 0400, Proposal Evaluation for the evaluation criteria. 1 I ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS NO.2029 140 FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES M I AM I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3" Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q4: How are subcontractors evaluated in the scoring process? A4: Please refer to Section 1. Revision. The subcontractor(s) will be scored in accordance with Section 0400, Proposal Evaluation. Any questions regarding this Addendum should be submitted In writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGmnado@miamibeachfl.gov Contact: Telephone: Email: Natalia Del do 305-673-7000 ext. 26263 nalaliadel ado miamibeachfl. ov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, � ae� Natalia Delgado Procurement Contracting Officer III ADDENDUM NO.1 REQUEST FOR QUAUFICATIONS NO. M4OMD FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES MIAMI BEACH Request for Qualifications (RFQ) 2024-005-ND Economic Development Consultant Services TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C INSURANCE REQUIREMENTS MIAMI BEACH SECTION 0100 I.GENERAL. This Request for Qualifications (RFD) is issued jointly by the City of Miami Beach, Florida (the "City"), the Miami Beach Redevelopment Agency (the "RDA"), and the North Beach Community Redevelopment Agency (the 'CRA"), collectively referred to herein as the "City," as the means for prospective Bidders to submit proposals for the City's consideration in evaluating qualifications to select a fine or multiple fines with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Periscope S2G (formerly known as BidSync) (www.oedscopeholdincis.com or www.bidsvnc.ceml for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFO. Any prospective Bidderwho has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the proposal submitted. 2. PURPOSE. For approximately five (5) years, the City of Miami Beach has had agreements with multiple fens for economic development consultant services on an "as needed" basis. As the need for services arises, firms are contacted to provide professional services according to a negotiated scope of work and cost. The current term of the agreement expires on August 12, 2024. To consider a replacement agreement, this RFQ seeks to establish a prequalified pool of multidisciplinary consultant teams to provide economic development consultant services to the City. These services may include but are not limited to comprehensive economic development strategic planning, developing high-level evaluation of market opportunities and position strategies for key commercial condors and areas, evaluation of current market dynamics and economic assets, benchmarking and competitive assessment, asset -based economic development, sustainable development, oostffnancial modeling, leadership and organizational development models, business development strategies, targeted industry analysis, real estate development fiscal analysis, cost -benefit analysis, data collection and assessment, marketing and branding plans, prospect identification and outreach, competitive and responsible economic development incentive policies, workforce trends, forecasts analysis and talent development, and community outreach and engagement. This RFQ is not issued for a particular project or service need. The RFQ is being issued to ensure that there is a sufficient pool of consultants to assist the City with its future economic development needs on a project -by -project basis. Therefore, the City may award a pool of two (2) or more consultants that may be eligible to be considered for future work. A master agreement shall be established with each awarded firm. Each future project will be awarded by a Consultant Service Order (CSO), including a negotiated scope of services and cost (by deliverable). In selecting the consultant with whom to execute a CSO, the City may select the prequalifed consultant it deems most qualified for the project or seek proposals from one (1) or more prequalified consultants. Award of this RFQ does not guarantee that the prequalified consultant will receive any work, only that the consultant shall be prequalified to be considered for future work, if and when needed. 2.1 Interested Parties. Interested parties are invited to submit proposals in accordance with Section 0300. A Pre -proposal conference will be held in accordance with Section 0100, Sub -sections 3 and 6. All proposals will be evaluated in accordance with the criteria found in Section 0400. 3. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: 77 RFD Issued May 17, 2024 Pre -Proposal Meeting May 30, 2024, at 10:00 am ET Join on your computer or mobile app BEACH Join the meeting now Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 725 334134# Deadline for Receipt of Questions June 13, 2024, at 5:00 pm ET Responses Due July 1, 2024, at 3:00 pm ET Join on your computer or mobile app Join the meeting now Or call in (audio only) +1 786-636.1480 United States, Miami Phone Conference ID: 711808488# Evaluation Committee Review TBD Tentative Commission Approval 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: Prowremem Camas[ Tdeptiaae Emaif. Natalia nclnadn 305-673-7000 z26263 Nata The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than fifteen (15) calendar days prior to the date proposals are due as scheduled in Section 0100- 5. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. 5 PRE -PROPOSAL MEETING OR SITE VISIT(S). A pre -proposal meeting or site visit(s) may be scheduled. Attendance for the pre -proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Bidders interested in participating in the Pre -Proposal Meeting must follow these steps: Join on your computer or mobile app Join the meeting now Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 725 334134# Bidders who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent to participate. 6. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at the 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. The addendum will be released through Periscope S2G. Any prospective Bidder who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. M,IAMIBEACH 7. CONE OF SILENCE. This RFQ is subject to, and all Bidders are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2486 of the City Code. Bidders 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 rafaelaranado(dmiamibeachfi.aov 8. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Bidders (or Bidder team members or sub -consultants) to determine qualificafions (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). 9. BIDDER'S RESPONSIBILITY. Before submitting a response, each Bidder 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 Bidder 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 Bidder. 10. DETERMINATION OF AWARD. The City Manager/RDA Executive Director/CRA Executive Director (collectively referred to herein as the "City Manager) may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the City Manager. The City Manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Managers recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity, and skill of the Bidder to perform the contract. (2) Whether the Bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Bidder with laws and ordinances relating to the contract. The City Manager may recommend to the City Commission the Bidder(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission/RDA Boaid/CRA Board (collectively referred to herein as the "City Commission") shall consider the City Managers recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Managers recommendation and select another Proposal or Proposals that it deems to be in the best interest of the City, or it may also reject all Proposals. 11. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Bidder. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Bidder in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Bidders 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. 12. E-VERIFY. As a contractor, you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verity the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verity the employment eligibility of all new employees hired by the subcontractor during the Contract term. MIAMI BEACH 13. PERISCOPE S213 (FORMERLY BIDSYNCI. The Procurement Department utilizes Periscope S2G, a Supplier -to - Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City, you must register and complete your vendor qualifications through Periscope S2G, Supplier -to - Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications, and submit electronic bids, visit https:/Avww miamibeachfl aov/city-halVorocurementffor-approval-how-lo-beoomea-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier-to-Govemment, at supportftidsvnc.com or 800.990.9339, option 1, option 1. 14 HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE WSSI. In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self -Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self - Service (VSS) webpage (https:llselfservice.miamibeachfl.aov/vss/Vendorsidefault.asl)x) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, please submit them to vendorsupportlalmiamibeachfi.aov. 15. SUPPLIER DIVERSITY. The City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC), and small and disadvantaged businesses, as certified by Miami - Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC or as a small or disadvantaged business by Miami -Dade County, dick on the link below to be added to the City's supplier registry (Vendor Self -Service) and bid system (Periscope S2G, Supplier -to -Government). These are two different systems, and it is important that you register for both. Click to see acceptable certification and to register: https7/AVWW.miamibeachfl.aov/city-halllprocurementmow-to- become-a-vendorl. Balance of Pape Intentionally Left Blank SECTION 0200 GENERAL CONDITIONS FORMAL SOLICITATIONS TERMS 3 CONDITIONS - GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, the Bidder agrees to be bound by and in compliance with the Terms and Conditions for Services (dated 10.27.2022), incorporated herein, which may be found at the following link: h0ps:llwww miamibeachfl goy/city-halVprocurementtstandard-terms-andcondi0onsl Balance of Page Intentionally Left Blank VIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A Bidder may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions induced in Section 4 below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Biddees responsibility to ensure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll -free) or S2GAveriscopeholdinps.cem. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for proposal submittals. 2. NON -RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non - responsiveness. Non -responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 2. Failure to comply with the Minimum Eligibility Requirements (if applicable). 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. With the exception of the Bid Submittal Questionnaire (completed and submitted electronically), the City reserves the right to seek any omitted information/documentation or any additional information from the Bidder or other source(s), including but not limited to any firth 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 Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in the proposal being deemed non -responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. Cover Letter and Table of Contents 1.1 Cover Letter and Table of Contents. The cover letter must indicate the Bidder and Bidder's primary contact for the purposes of this solicitation. MIAMI BEACH 2.1 Organizational Chart: An organizational chart depicting the relationship and reporting hierarchy for all firms, principals and personnel involved in the proposal. The organizational chart should include the scope of responsibility for the prime proposer, its personnel, and any sub -contractor and its personnel. 2.2 Qualifications of Bidder. Submit detailed information regarding the relevant experience and proven track record of the fine or its principals in providing a similar scope of services as identified in this solicitation, including experience in providing a similar scope of services to public sector agencies. Submit at least three (3) client references within the last five (5) years, exemplifying experience in providing economic development consultant services. For each reference that the Bidder submits as evidence of similar experience for the firm or any principal, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. For each project, identify whether the experience is for the firm or for a principal (include the name of the principal). 2.3 Similar Experience of Sub-consultant(s)ISub-contractor(s): Summarize projects in which the sub- oonsultant(s)lsub-oontractor(s) and/or its principals have provided services similar to those defined herein. For each project, provide the following: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. For each project, identify whether the experience is for the firm or for a principal (include the name of the principal). 2.4 Evidence of Prior Working Experience: If sub-consultant(s)Isub-contractor(s) are included in the proposal, submit evidence that the proposed team has successfully collaborated on prior projects. For each project, submit the project description, agency name, agency contract, contact telephone & email, year(s), and tern of Submit detailed information on how Bidder has accomplished the required scope of services for current or past clients, including detailed examples of services provided, which addresses Bidders approach and methodology to the following areas of work, including but not limited to: • General economic development services • Economic development strategic plans • Benchmarking • Competitive assessments • Asset -based economic development • Sustainable development • Costlfinancial modeling • Real estate development fiscal analysis • Cost -benefit analysis • Data collection and assessment • Leadership and organizational modeling • Business development strategies • Target industry analysis • Marketing plans • Prospect identification • Economic development incentive plans • Workforce trend analysis • Economic forecast analysis VA101BEACH • Contract negotiations • Project management competencies • Event management and production services • Strategic meeting management • Hotel and Hospitality services • Venue Management • Workforce/Affordable Housing Balance of Paoe Intentionally Left Blank SECTION 0400 PROPOSAL EVALUATION 1. EVALUATION COMMITTEE. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without requiring presentations. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The City Manager will utilize the results to take one of the following actions: a. In the event that only one (1) responsive proposal is received, the City Manager, after a 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; or b. The City Manager may recommend that the City Commission authorize negotiations or award a contract to one (1) or more firms in accordance with Section 0100, Sub -section 12, or c. The City Manager may Recommend that the City Commission short-list one (1) or more firms for further consideration by the Evaluation Committee or d. The City Manager may recommend to the City Commission that all firths, if more than one (1) responsive submittal is received, be rejected. 2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short -listing of firms responding to this RFQ is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms, the Evaluation Committee will utilize the criteria set forth in Sub -section 4 below. 3. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to assist the evaluation committee or the City Manager in evaluating proposals. 4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria: Experience and Qualifications of Prime Bidder (Tab 2) r Approach and Methodology (Tab 3) 40 TOTAL AVAILABLE POINTS for Qualitative Criteria 100 Quantitative Criteria Maximum Points • TOTAL AVAILABLE POINTS for Qualitative and 105 Quantitative Criteria 5. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g., veteran's preference) in its review of proposals. The Evaluation Committee shall act solely in an advisory capacity to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants, or any other third party in developing an award recommendation in accordance with Section 0100, Sub -section 12. In its review of proposals received, the Evaluation Committee may review and score all proposals, with or without conducting interview sessions, in accordance with the evaluation criteria. 6. QUANTITATIVE CRITERIA. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Bidders may receive additional points, which will be added by City staff. Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code. 7. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the example below: It is important to note that the results of the proposal evaluation process in accordance with Section 0400 do not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process and any other information shethe deems appropriate to develop an award recommendation to the City Commission, which may differ from the results of the proposal evaluation process and final rankings. Balance of Page Intentionally Left Blank APPENDIX A MIAMIBEACH Special Conditions RFQ No. 2024-005-ND ECONOMIC DEVELOPMENT CONSULTANT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 31d Floor Miami Beach, Florida 33139 1. TERM OF CONTRACT. The term of the Agreement resulting from this RFQ shall be for an initial term of three (3) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for one (1) two-year renewal term or two (2) one-year renewal terms at the City Manager's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same cost, terms, and conditions incuded within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative and not a right of the successful contractor. 3. ADDITIONAL TERMS OR CONDITIONS. This RFQ, incuding the attached Contract, contains all the terms and conditions applicable to any service being provided to the City resulting from award of Contract. By virtue of submitting a proposal, Consultant agrees not to require additional terms and conditions at the time services are requested, either through a separate agreement, work order, letter of engagement, or purchase order. 4. CHANGE OF PROJECT MANAGER. A change in the Consultants project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who, in this case, shall be a Deputy/Assistant City Manager). Replacement (including reassignment) of an approved project manager shall not be made without submitting a resume for the replacement and receiving prior written approval from the City Manager or her/his designee (i.e., the City project manager). 5. SUB -CONSULTANTS. The Consultant shall not retain, add, or replace any sub -consultant without the prior written approval of the City Manager in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub - consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub -consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub -consultants shall be the sole responsibility of the Consultant. APPENDIX B MIAMIBEACH Sample Contract RFQ No. 2024-005-ND ECONOMIC DEVELOPMENT CONSULTANT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Contract No. XX-XXX-XX PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [FILL IN CONSULTANT NAME] FOR 1,PURSUANTTO [FILL IN RFP, RFQ, OR ITB#] This Professional Services Agreement ("Agreement") is entered into this ("Effective Date"), 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 (the 'City"), and [FILL IN CONSULTANT NAME], a [FILL IN TYPE OF ENTRYII.E. CORPORATION, LLC, ETC.], whose address is _ ("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 Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach [FILL IN RFP, RFQ, OR ITB] No. rfor DO XXXXXXXXXXXXXXXXXX7DO, together with all amendments thereto, issued by the City in contemplation of this Agreement [FILL IN CORRECT ABBREVIATION RFP, RFQ, OR ITB], 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 [FILL IN RFP, RFQ, or ITB]; and the Proposal. Contract No. XX-XXX-XX 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. 26724; and fax number (305) 673-7529. 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" hereto (the "Services"). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION OF 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 performed in accordance with the terms and conditions set forth in Exhibit "A" and 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: 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit 10O1j hereto. [NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT "A" OR IN SEPARATE EXHIBIT] SECTION 3 TERM The tens of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of Imo, with XXX�XXX 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. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit FXXXI hereto. Coatmct No. XX-XXX-XX SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of SXXXX)D XX , for a total annual amount not to exceed $XXXXXXX . 4.2 [NOTE: INCLUDE AMOUNT FOR REIMBURSABLES, IF ANY]. 4.3 [NOTE: INCLUDE HOW FEE IS TO BE PAID — I.E. "X" PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.]. 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, and shall be submitted to the City at the following address: Accounts Payable: Payables0miamibeachfi.aov 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 deems to be in its best interest in order to enforce the City's rights 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 Contract No. XX-XXX-XX 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. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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, defend 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 Contract No. XX-XXX-XX 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. 6.2 INSURANCE REQUIREMENTS [NOTE: INSURANCE TYPES AND LIMITS BELOW SHOULD ALWAYS BE SAME AS WHAT WAS SPECIFIED IN BID DOCUMENTS] 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. General Liability, in the amount of $1,000,000 combined single limit, for bodily injury and property damage. The City of Miami Beach must be endorsed as an Additional Insured as their interest may appear. B. Consultant Professional Liability, in the amount of $1,000,000; and C. Workers Compensation & Employers Liability, as required pursuant to Chapter 440, Florida Statutes. A waiver of subrogation endorsement must be provided. 6.4 Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. 6.5 Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach clo EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJl1A). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage — Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Contract No. XX-XXX-XX CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH clo EXIGIS Insurance Compliance Services P.O. Box 947 Mumieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachCdriskworks.com 6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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. SECTION 7 LITIGATION JURISDICTIONIVENUEMURY 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 Citys 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 $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. 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 $10,000 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. Contract No. XX-XXX-XX 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 Services 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 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. 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. iDlpmIZI JX61G1 AlciZI: 14 J3 WArl rl Yi rl fd: lii= Contract No. XX-XXX-XX (A) pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, backchange documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and Contract No. XX-XXX-XX performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: I. If this Agreement is completely or partialty terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, Its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 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 FUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO 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. Contract No. XX-XXX-XX 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 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 Stales 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 City. (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. 10 Contract No. XX-XXX-XX (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 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 attorneys' 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 10.8 11 Contact No. XX-XXX-XX (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (it) is beyond the reasonable control of such party unable to perform the obligation, and (III) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (ill) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period 12 Contract No. XX-XXX-XX greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a suboonsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (8)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (8)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES iRl Convect No. XX-XXX-XX Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: [FILL IN] TO CITY: [FILL IN] All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. 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 tern and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A parry's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to forth a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 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 14 Contract No. XX-XXX-XX 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] 15 Contract No. XX-XXX-XX 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 E. Granado, City Clerk FOR CONSULTANT: By: Print Name and Title Date: V Aline T. Hudak, City Manager Contract No. XX-XXX-XX EXHIBIT A SCOPE OF SERVICES 17 APPENDIX C MIAMIBEACH Insurance Requirements RFQ No. 2024-005-ND ECONOMIC DEVELOPMENT CONSULTANT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 311 Floor Miami Beach, Florida 33139 INSURANCE REQUIREMENTS The vendor shall maintain the below -required insurance in effect prior to awarding the Contract and for the duration of the Contract. The maintenance of proper insurance coverage is a material element of the Contract and failure to maintain or renew coverage may be treated as a material breach of the Contract, which could result in withholding of payments or termination of the Contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injurywith limits no less than $1,000,000 peroccurence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured - The City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor, including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the forth of an endorsement to the contractors insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach Go EXIGIS Insurance Compliance Services. Waiver of Subrogation — The Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers— Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — The contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certfied copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668 — ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach6ilriskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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. Balance of Page Intentionally Leff Blank ATTACHMENT SUNBIZ & PROPOSAL RESPONSE TO RFO .vivo or Coaooeer�oee a�I�If U!'i U19i; ri/ rg �JiUY_r�J_tz'I'�U! I. QgpsMert or Slate / o'v sron m Cdoorations / S ch Record I 520th Icy EE 1E N Nurser I Detail by FEI/EIN Number Foreign Not For Profit Corporation NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC. EWn9 Information Document Number P25857 FEIIEIN Number 13-6532871 Date Filed 0829/1989 State NY Status ACTIVE Pdnctpat Address 633 Third Ave Suite 19J New York, NY 10014 Changed: 04/23/2024 1Aa18ag Address 633 Third Ave Suite 19J New York, NY 10014 Changed: 04/23/2024 Rea stared Anent Name A Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 03/26/2009 Address Changed: 0326/2009 tNBcano'rector Detail Name & Address Title Director, Chairman Bonganz, Seth 633 Third Ave Suite 19J New York, NY 10014 The Authorized Representative Kieser, Matt 633 Third Ave Suite 19J New York, NY 10014 This Treasurer Ennis, Adam 633 Third Ave Suite 19J New York, NY 10014 TNe President, CEO Marsh, Daniel, III 633 Third Ave Suite 19J New York, NY 10014 TNe Secretary Costello, Jessica 633 Third Ave Suite 19J New York, NY 10014 Annual ReppDs Report Year Filed Date 2022 03/23/2022 2023 03/10/2023 2024 04/23/2024 Document lmagas NO2 2024-ANNUAL REPORT Viaw'mwge in PDF formes 0311012023 -ANNUALREPORT Yew Image n PDF formes 0312W2022-ANNUAL REPORT Yew image in PDF formal 02/1 M021 -ANNUAL REPORT YIeW large In PDF rent Osfi) 020-ANNUAI REPORT YeW Image In PDF(Omi61 01N12019-ANNUAL REPORT Yaw image In PDF formal 01117IM10-MNUALREPOW Yew image In PDF banal 01131/2017-ANNUAL REPORT View irvge In POF formal OZOW2016-ANNUAL REPORT Yaw imagam PDF formal 0111412015-ANNUALRLPORT Vie wimegein POF romal 01/092014-ANNUAL REPORT Yaw image in PDF formal T Yew Image in PDF formal j Yew unagn in PDF lanai 01113IM11 -ANNUAL REPORT Maw, image N PDF format 011OW2010 -ANNUAL REPORT Mi Image In PDF mi 0313012009-ANNUAL REPORT Ylew image in PDF format 0W26QO09 - Reg,ggg0(�0;1pgfl New Image in PDF format Ot 114aDN-ANNUAL REPORT Ylewimagein PDF format 0211 --ANNUAL REPORT Yew image in PDF formal OW31IMM -ANNUAL REPORT Yew image in PDF formal OCHU2005 -ANNUAL REPORT Yew image in PDF format ' 0211--ANNUAI REPORT V,.wlmageln PDF formal 0112WO03 -ANNUAL REPORT Yawimaaein PDF formal 03114aOO2 -ANNUAL REPORT Yaw arri in POF brat Yew Image in PDF farmer Yaw Image in POF formal Yew Image in PDF brat Yew Image in PDF format 02fl Wl997--ANNUAL REPORT Yewlmage in PDF format 02114119M-ANNUAL REPORT Uaremegein PDF format M0111995-ANNUALREPORT View image In PDF format BID SUBMITTAL QUESTIONNAIRE SECTION 1 - Bi IN FORM Ivs dar.,rnent s REQUIRED FORM d -ully completed and submitted. SollGtetlon No: 3dicitetlOF Tllle: BID NUMBER PROJECT TITLE aooERs NVAE: x.NaN.I coNNarw camNNNIn D.wlwrwm INC NO OF YPNv IN BUSINESS: 9 NOOFYEMSINBVSINESSLO Y M NO OF EMPLOYEES:M OTNERNMIE(3)BILOER INS WEMTED VNOER INTXE IASi fB YFMS:NE BIWER PRIMMVPCOREBS rvFPh]VARIENS): W]LJ/mnw. SWb 141 Cm:Xx YwX TELEPHONE NO.: IUY]IIN TOLL FREE NICK at FAYNO. NF BIDDERLOC LA➢ORESS: NE crm N, BTAIE' NE APCWE: M PRIMNiY.YCCWNTREPRESENTAT FORTHE ENOAOFMENY OFdFI llnthfl ACCWNT REP TELEPHONE NO.:=t NM ACCO NT REP TOLL FREE NO:M ACCWNTREDFML: JmEMaN,mNuwNPiLM FEDERALW DENTIFNRF. W NO: 13 Y 71 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or parry to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Daniel Marsh III, President & CEO Daniel Marsh III SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Confirm Receipt Enter Initial to Confirm I Recei t I Enter Initial to Confirm Receipt DM 1 Addentlum 1 Addendum 6 Addendum 11 OM Addendum 2 Addendum 7 Addendum 12 Addendum 3 1 Addendum 8 r��IAddendum Addendum 13 Addendum 4 1 1 Addendum 9 Addendum 14 Addendum 5 1 1 Addendum 10 15 If additional confirmation of addendum is required, submit under separate cover. SECTION 3 - CONFLICT OF INTEREST All bidders 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. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entitv or anv of its affiliates. FIRST AND LAST NAME RELATIONSHIP 1 WA 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY of request Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder 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. SECTION 5 - REFERENCES AND PAST PERFORMANCE work similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: Suffolk County Department of Economic Development and Planning Contact Individual Name and Title: Sarah Landsdale, Commissioner of Economic Development Address: 100 Veterans Memorial Hwy # 3, Hauppauge, NY 11788 Telephone:631-853-6088 Contact's Email: SLansdale@suffolkcountyny.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Grow America works closely with Suffolk County staff with most of the projects that seek direct financial assistance from the County and/or the Towns with which it collaborates on targeted development. Grow America also does the feasibility studies and layering analysis for developments which seek funding assistance through its Workforce Development and Transit Oriented Development Funds. Through its contract with the County, Grow America also assists with right -size the financial incentives packages that are considered and offered through the Suffolk County IDA. 2014-present. Reference No.2 Firm Name: City of New Rochelle Contact Individual Name and Title: Adam Salgado, Commissioner of Economic Development Address: 515 North Ave, New Rochelle, NY 10801 Telephone: (914) 654-2083 Contact's Email: asaigado@newrochelleny.com Narrative on Scope of Services Provided, Project Budget, and Project Dates: Grow America suggested revising the Cityk A-A-A¢A A A--A.-A-k A-Ans Uniform Tax Exemption Policy (AOA-iA-iA0Ai A. A:-AFIAnA-A--A,,UTEPAFA-A ARA. A '..A -A -A- A-A-.AF) to streamline the parameters of requests for tax abatements. Grow America subsequently created a model policy based on hypothetical growth that would both allow development to be financially feasible and result in a positive fiscal impact to the City. On an on -going basis, Grow America provides regular third -party analysis for financial incentives for approved developments with project costs exceeding $3 billion in the last forty-eight (48) months. Each project requires a AFIAFIAFIAOA-A-AFlAF1AnAFIA-]A.-but- forA A A A¢A_A.. A A A A..A _A_ analysis to determine need and ensure positive cost -benefit to the city and public bodies. City officials used DC analysis as the basis to substantiate the financial incentives offered. 2016-present. Reference No.3 Firm Name: Nassau County Office of Community Development Contact Individual Name and Title: Theresa Dukes, Deputy Director Address: 1550 Franklin Avenue Mineola, NY 11501 Telephone: (516) 572-1924 Contact's Email: tdukes@nassaucountyny.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Assisted with the administration and programming of its community development program. It has reviewed proposals, helped size the assistance packages, and conducted all layering analysis for projects that have been assisted with HOME funding. Multiple grant programs totaling over $28 Million funded by ARPA and CDBG funds. 2014-present. SECTION 6 — SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? 0 YES p0 NO If answer to above is "YES,' bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade County that have been certified as Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? = YES p� NO SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Ente rise Certification b the NGLCC? QYES 19 NO SECTION 9 - BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION Ff1RM APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying Amendment Certification. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Daniel Marsh III, President & CEO Daniel Marsh III SECTION 10 - SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Daniel Marsh III, President & CEO Daniel Marsh III SECTION 11 — CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence:' The Cone of Silence ordinance is available at hUpa;dkrarv.municode.com/fi/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at Eafa9fgranado miamibeach8 gQy . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 12 — CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations inducing, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at hUpJ/wwwmiamibeach8.gov/city- [g�ll(procuremenVprocurement-related-ordinance•and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? p� YES = NO Bidder adopts the City of Miami Beach Code of Business Ethics? p0 YES 0 NO SECTION 13 — LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (11t(ps:/Ilibrarymun6codecoMfl/miam6 beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO ISM) Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (b_U i r ry.municod%001 lmiaMj beach/codes/code f ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. SECTION 14 — NON-DISCRIMINATION The Non -Discrimination ordinance is available at: btipa2ibM[ymunFcode.com/fl/miami beach/codes/codeof_ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375N$CCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 — FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: jdj[p%/flibrervmunicodecom/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. SECTION 16 —PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: httpaittn m.flsenai%goy/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. VETERAN BUSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://Iibrary.municode com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2- 374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder 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 and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids 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. Is the bidder a service -disabled veteran business enterprise certified by the State of Flo OO YES p0 NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Govemmenf? p= YES p0 NO SECTION 18 - 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 fime 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 bids, 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. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? p� YES NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? p� YES 0 NO 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 Bidder Provides for Employees with Spouses Bidder Provides for Employees with Domestic Partners Bidder does not provide Benefit Health x x Sick Leave Family Medical Leave Bereavement Leave If Bidders 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 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 Si . /.uu a .0 SECTION 19 — MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? Q= YES Q� NO If yes, explain. PROPOSED FOR Miami Beach, Florida REQUEST FOR QUALIFICATIONS Economic Development Consultant Services B. . PROPOSED BY Grow America T.&adquarters1 6333rdAyenu Erin Howardoat act 6333rdAvenue Erin Howard 19thFloorSuitel Field Director 4: NewYork,NY10017 (860)638-9684 (800)501-7489 ehoward@growamerica.org www.growamerica.or9. July 1, 2024 IGrow i America July 1, 2024 Natalia Delgado Procurement Departme City of Miami Beach NataliaDelgado@miamibeachfl.gov RE: RFQ 2020-005-ND /Economic Development Consultant Services Dear Mrs. Delgado: On behalf of the National Council for Community Development, Inc. dba Grow America (formerly National Development Council), we are pleased to submit for your consideration the enclosed proposal for the City of Miami Beach for Economic Development Consultant Services. Grow America understands all aspects of the solicitation and as such, is committed to performing these services. GA was established in 1969 and is the nation's oldest nonprofit community development organization. GA is both a Community Development Financial Institution (CDFI) and a technical assistance provider in the areas of affordable housing, economic development, and community development finance to over 100 municipalities and public benefit corporations throughout the country. GA has been a national leader in creating innovative capital structures and a collaborator providing "best in class" training and advisory services as a part of a comprehensive community development service delivery model. Grow America is uniquely qualified to deliver the requested services as it has been an innovator in helping clients develop, implement and refine affordable housing programs and has served as a national leader in providing capital to economically underserved communities. Grow America frequently provides its clients with financial modeling analysis, cost -benefit analysis, and implementing economic development incentive policies. Our project team brings the in-depth knowledge and unparalleled technical expertise necessary to successfully assist the City with its economic development goals. Grow America appreciates the opportunity to submit this proposal. Please contact Kevin Gremse, East Team Managing Director, at (917) 559-7181 or kgremse@growamerica.org if you have any questions or need additional information. Thank you for considering Grow America for this vital role. 633 Third Avenue 19th Floor, Suite I New York NY 10017 (800) 5 01-7489 growamerica ore i•� Grow Ii America Warm regards, viWid l f&',d /// Daniel Marsh III President & CEO 633 Third Avenue 19th Floor, Suite New York, NY 10017 (800) 501-7489 grnwamerica.nre Table of Contents TAB 2: Experience and Qualifications............................................................................................I Tab 3. Approach and Methodology............................................................................................. 14 TAB4: Other................................................................................................................................ 16 TAB 2: Experience and Qualifications The National Council for Community Development, Inc dba Grow America (GA), formerly National Development Council, is pleased to submit its proposal to develop an Economic Development Strategic Plan for the City of Prescott, Arizona. Established in 1969, at the beginning of the community development movement, GA has played an integral role in shaping the strategies and methodologies that have set the standards of excellence in the practice of economic development, affordable housing, and community development. That history, perspective and efficient results -oriented culture continues to serve GA and its clients well. GA's over -arching mission is to direct capital to support the development and preservation of affordable housing, create and retain jobs through small business lending combined with entrepreneur and enterprise development, assist with the development economic and community plans, advance livable communities with social infrastructure investment, and build capacity with hands-on technical assistance to local governments and community development organizations. GA undertakes this work through two major focus areas: CAPACITY BUILDING FINANCING & DEVELOPMENT is Technical Training & Corporate Equity Small Business Housing & Econ Assistance Certification Fund lending Development Corp m mroa. ir,, Grow AmMuinstmnon Go. ..a serves as 6mw Tmerb [mues jobs HEM is a 5011d131 rS hep lethal bath Me sills and development partner as through, its small 0usmess nimilgarolut iffitee of Grow design, am execute knowledge needed to well as provides lending programs the Amerl[a that finances and development and business successfinflyfundians, syndnttd use.lownho Grow Amen. Fund and builds community and finamembades. (lousing and monomic lowllcme and FaulkCommunlW Impact tow, public polities on behalf developmerrt ggMs tax credlls Fand target in flexible ofourmmmunnow lending to MWIF small Nmugh public private supoess and LMl partnesm sand new canmunue, markets lm cracks. Grow America services include: Training: Recognizing that local capacity means local empowerment, over 40 years ago Grow America created the first professional education and certification program for community -based economic, housing and community development practitioners. Since then, Grow America has trained more than 85,000 individuals from a range of communities —urban and rural, large, and small —in the art and science of community development and finance. This work continues in every course with up-to-date curricula that reflect the changing finance and policy landscapes, with innovations in remote and in -person classroom technologies, and with practical, hands-on problem -solving experience in actual development projects. Technical Assistance: Grow America is one of the nation's leading not -for -profit providers of technical assistance in the areas of economic development and housing development finance and underwriting, including small business as well as development project underwriting. For over 50 years, Grow America's staff has worked with nonprofit and public practitioners in every one of the 50 states, in hundreds of large and small cities and rural areas, to help plan and execute development strategies, and to access, leverage, and deploy financing from public and private sources. We work side -by -side with our local partners, and with each project completed and program created, these local practitioners gain experience and knowledge for their continuing work in creating long-term and sustainable community wealth. Technical assistance is provided by field directors with a minimum of ten years progressively responsible experience in the field of housing and economic development. They are subject matter experts in federal programs and achieve required certifications to provide clients guidance on their most difficult community development projects, policies, and strategies. Affordable Housing: Affordable housing, a critical element in creating equitable communities, has been a Grow America focus from the beginning. Our technical assistance has helped the hundreds of communities we serve plan and finance housing throughout the 50 years of changing federal and state policies. When the Low -Income Housing Tax Credit became the primary source of financing, we created Grow America's Housing & Economic Development Corporation (HEDC) Corporate Equity Fund (CEF). CEF's syndicated multi -investor funds provide equity capital for the construction and rehabilitation of affordable housing using Low Income Housing, Historic Preservation and Renewable Energy Tax Credits. Grow America's CEF works with local housing sponsors and developers from project inception, guiding the financial structuring and, again, building local technical capacity. CEF has financed 13,000 housing units. Small Business Lending: Access to capital for small businesses is another cornerstone of equitable community development. Grow America first entered this field of work with a service that helped minority business owners access credit from conventional banks through SBA and other loan programs. Grow America Fund: We began our own small business lending activities over 30 years ago with Grow America Fund (GAF), the nation's first and only SBA -licensed Small Business Lending Company (SBLC) owned and operated by a nonprofit organization. GAF, which became certified as a Community Development Financial Institution (CDFI) in 1997, is a small business loan fund whose mission is to create jobs, stimulate investment, and build the strength of the entrepreneurial and small business sector in low-income communities. GAF's loans range from $150,000 to $2,000,000, with over 60%or more of its loans made to businesses in CDFI eligible areas. GAF has loaned almost one half billion dollars to more than 3,200 small businesses, creating and retaining over 50,000 jobs, including thousands of construction jobs. Additionally, Grow America has considerable experience operating non -SBA loan funds capitalized with both public and private funds that offer a range of loan sizes, including loans under $50,000. Community Impact Loan Fund: Recognizing another unmet need in equitable community development, better access to credit for smaller, younger, minority -owned businesses, Grow America created its Community Impact Loan Fund (CILF) in 2014. A CDFI since 2016, CILF works through community networks and engages with local partners to conduct outreach, connect businesses to networks of support, and build local capacity. CILF helps businesses anticipate problems, help solve them when they arise, and position them to emerge with greater equity and greater wealth. Close to 95% of CILF's lending activities have assisted low-income and minority/woman-owned entrepreneurs or non -profits that serve low-income communities or communities of color. Multicultural Community investment (MCI) Initiative: In 2019, Grow America created its MCI Initiative to engage with local community development ecosystems more deeply in delivering capital and technical assistance to BIPOC businesses and their communities. MCI debuted in Broward County, FL; Cleveland and Cuyahoga County, OH; and the Greater St. Louis Region, MO. MCI collaborates and creates partnerships to engage in outreach and identify businesses that need capital or technical assistance. These outreach partners include business support organizations; neighborhood, social, civic, and religious organizations; local outposts of public agencies; and other community stakeholders. These partners are not only culturally integrated into their neighborhoods and social infrastructure, but they are also skilled in providing technical assistance, business counseling, capacity building, and training in various aspects of small business operations. MCI connects businesses with GAF, CILF, and other Grow America affordable housing and community development resources. GROW AMERICA IMPACT COVID Response & Recovery & ® Business Assistance Funding Deployed ® Small Businesses Assisted Housing Assistance Funding Deployed Low Income Households Assisted Pandemic -Related Small Business Assistance and Housing Assistance: Shortly after the COVID- 19 pandemic began its march across the nation, Grow America's existing client communities called upon Grow America to aid them in redesigning and redeploying their existing programs to respond to the crisis faced by local small businesses and low-income households. Additionally, Grow America began serving as a third -party administrator and/or lender for many statewide entities, counties, and cities across the nation and helped to deploy over $715 million in COVID- 19 financial assistance to 33,272 businesses and 2,541 low-income households. As a result of our participation in these initiatives, we collected both quantitative and qualitative data on the current (and evolving) state of small businesses and community needs. 2.1 Organizational Chart Project Team Expertise Grow America's staff is a talented group of former bankers, government employees, developers, entrepreneurs, economic development leaders, and affordable housing and community development professionals. This diverse mix of backgrounds gives Grow America a special understanding of both private and public sector financing/funding sources and their respective community planning and compliance requirements. Kevin Gremse, Managing Director and Erin Howard, Director with the Technical Advisory Services Group, will serve as Project Co -Leads and the primary points of contact for the City of Miami Beach. PROJECT TEAM Kevin Gremse is an economic development professional with over two decades of experience. Mr. Gremse has used his working knowledge of business credit and real estate underwriting and proven experience with federal, state, and local economic development incentive programs to structure business and real estate development transactions exceeding $2 billion throughout the country. As a Managing Director at Grow America, Mr. Gremse manages a team of professionals who work in over thirty municipalities in the eastern United States. Mr. Gremse coordinates a multi -disciplined set of economic and housing development services, including technical assistance, training, and small business lending, and tax credit equity to public and private sector clients. Mr. Gremse assists to advance the work of NDC's affiliated programs, including its federal tax credit investor programs, its public facility development division, and its small business lending company in client communities. Mr. Gremse is a widely experienced instructor for many of NDC's economic and housing development finance courses and professional development programs and is also a frequent panelist at national and state economic development trade conferences on the practical use of federal and state finance programs. Mr. Gremse is a graduate of the University of Scranton and earned a masters degree in public finance from the University of Pennsylvania's Fels Institute of Government. Prior to his career with Grow America, Mr. Gremse worked in the economic development field with several municipalities and also served in the Jesuit Volunteer Corps (JVC). He serves on the board of directors for Catholic Charities of Fairfield County and a community development financial institution (CDFI). Erin Howard is a Field Director with Grow America. She has more than 10 years of experience within municipal economic and community development, is an American Institute of Certified Planner, and holds a CT Realtor license. Prior to joining Grow America, she was the Economic Development Director for the City of Hartford. Erin is a graduate from the University of Connecticut and earned a Master's Degree in Regional Planning with a focus on economic development from the University of Massachusetts Amherst. John Gerber first joined Grow America as a contractor responsible for outreach to small businesses within the NY Forward Loan Fund. His day-to-day administration involved reaching out to small business owners, understanding their needs, and finding ways to aid them. As time progressed, he transitioned to underwriting small loans within the NY Forward Loan Fund, Southern Opportunity and Resilience Fund (SOAR), and Small Business Flex Fund as well as being the business owners' main point of contact throughout the lending process. John joined NDC full- time in October of 2021 as an Associate Field Director. John graduated from the University of Pennsylvania with a degree in Philosophy, Politics & Economics. Ryne Johnson is an economic development and finance professional with over 20 years of experience in public and capital projects finance, small business development and community and economic development. Mr. Johnson utilizes his extensive experience in business and public sector management, financial analysis and political economic to structure real estate development, small business expansion and community development projects. Prior to joining Grow America, Ryne also served as Dean of Career and Technical Education at a community college. Mr. Johnson also served in several financial and economic development consulting roles. For 16 years, he served as founder and CEO of his own small business development consulting practice. He also directed business incubator programs for the County of Butte and California State University, Chico. Prior to that Mr. Johnson worked in several international consulting and financial management capacities, first with KPMG and later with Lockheed where he managed capital project financings in excess of $1 billion, and asset sales and acquisitions valued at more than $1.5 billion. Mr. Johnson also worked at HUD headquarters in Washington, D. C. where he administered UDAG, CDBG, Section 8 and homeless assistance programs. Raquel F. Favela is a recognized expert with over 30 years of experience in economic development and housing. As the Executive Managing Director at Grow America, an organization dedicated to revitalizing communities through strategic economic development and housing initiatives, she provides strategic leadership to the Training and Technical Advisory Teams. Favela excels in market analysis, long-range planning, and leveraging federal, state, and local tools, which enables her to proactively meet client needs. Her approach empowers technical advisors with the necessary resources to assist public sector clients in understanding their markets, devising tailored strategic plans, and developing policy solutions. These efforts are crucial for fostering ecosystems that support equitable job growth and diverse housing options, ensuring balanced problem -solving within client communities. Renowned as a thought leader in her field, Favela has extensive experience across the real estate development spectrum, having worked as an owner, investor, developer, consultant, governmental official, lender, and landlord. Her track record for achieving tangible results is notable. While serving the City of San Antonio, she developed the city's inaugural Strategic Community Development Plan in 2007. A decade later, as Dallas' Chief of Economic Development and Neighborhood Services, Favela crafted the city's first Comprehensive Housing Policy, tackling long-standing fair housing challenges and issues of disparate impact. In her leadership role at Grow America, Favela's past direct service experience uniquely positions her to effectively guide the team of technical advisors and trainers. This experience provides her with invaluable insights into the challenges and opportunities facing communities, allowing her to drive strategic planning and execution within the organization. Her expertise not only shapes the direction of Grow America but also enriches the support provided to public sector clients, making a lasting impact on community development and housing solutions. Raquel F. Favela's strategic foresight, innovative thinking, and proven track record continue to contribute significantly to the field of economic development and housing. Fellowship Program gives graduate students an opportunity to gain valuable applied experience in the fields of affordable housing, community development and economic development. Grow America recruits graduate students from the University of Texas' (at Austin) LBJ School of Public Affairs, University of California -Los Angeles' Luskin School of Public Affairs and the University of Washington's Evans School of Public Policy and Governance. Graduate Fellows provide a wide range of support to include research, data analytics, stakeholder outreach and community engagement. 2.2 Qualifications of Bidder 2.2.1 Cost/finoncial modeling Richmond, Virginia - Financial Structuring for Prioritized Development Projects The City of Richmond has had a lengthy, productive relationship with Grow America. Grow America has worked with the City of on several major projects to assist with revitalizing its neighborhoods. Richmond is a capital city and has a rich history with Civil War and African American culture. The redevelopment of the historic Leigh Street Armory as the Black History Museum and Cultural Center of Virginia was a high -priority project with which Grow America assisted. Grow America provided direction and assistance in budget development and devising an ownership structure. The capital stack includes funding from federal and state historic rehabilitation tax credits, state grant funds, and a Section 108 loan from the City. Grow America drafted the HUD request for the Section 108 loan approval and responded to HUD questions regarding the loan eligibility to ensure the availability of funds crucial to completing the project. Black History Museum of Virginia Other key developments involved the evaluation of request from private developers for public subsidies in projects that range from office towers in need of assistance with the development of structured parking to nonprofit housing developers looking to provide housing for low- and moderate -income families. Philadelphia, PA —Assessment of Protect Funding sources and identification of Best Practices Contracted by the Philadelphia Industrial Development Corporation (PIDC), the City of Philadelphia's economic development agent, Grow America is coordinating a strategic review that includes summarizing PIDC's existing programs, characterizing project finance focus areas (signature real estate projects, community facilities, and mixed -use "commercial corridor" buildings) and identifying PIDC's national peer group in economic development and community development finance. Grow America is compiling a "best practices" analysis from successful and impactful programs from around the country. 2.2.2 Cost benefit analysis Rock Hill, SC - Master Developer Selection and Tax Increment Financing advisement In Rock Hill, SC, Grow America is assisting the City with the disposition and master development agreement for 24 acres of land that is strategically located in-between Winthrop University and the historic downtown. The property is within the 250-acre Textile Corridor that contains several historic mill properties. Overall redevelopment efforts guided by the Textile Corridor Master Plan that created a vision for the area becoming a mixed -use pedestrian friendly urban village. Grow America's assistance is centered on a former mill complex that the City acquired and undertook environmental remediation. The recent engagement was an extension of Grow America's prior work with the City in successfully developing a tax increment financing ("TIF") package for a 1,000-acre acetate processing plant that required significant environmental remediation. The Knowledge Park development plan calls for student housing to support the adjacent Winthrop University, an office building, public sports facility, and other housing. Grow America helped develop the RFP, analyze responses from a financial and market due diligence perspective, and recommend the developer. Grow America is working closely with the City's attorney to draft the development and financing agreements based on "best practices." Knowledge Park, Rock Hill, SC Stamford, Connecticut - Tax Increment Financing Justification Grow America worked with the City of Stamford to create the infrastructure financing plan that has led to the enormous redevelopment in South Stamford, an entire community within walking distance of the Metro -North train station. Grow America reviewed the plans and financial projections, negotiated with the developer regarding the public sector improvements and amenities that would accompany the $4 billion, 10-year investment. Grow America made recommendations to the City regarding the amount, terms, and conditions of public sector financing. Harbor Place is currently one of largest comprehensive redevelopment initiatives in the country. 2.2.3 Competitive and responsive economic development incentive policies Bridgeport CT— Implementation Strategies for Mixed -Use Developments Grow America has provided economic development advisory services to the City of Bridgeport periodically over the last twenty years. The City has utilized the professional services and products of Grow America to shape its community development agenda. Grow America has assisted the City of Bridgeport with its efforts to create a more vibrant mixed -use community in its central business district. During the last ten years, over $120 million in development has been completed or under construction in the central business district ("CBD"). Bijou Square — Before Bijou Square —After Bijou Square at Night M&F Bank Building, Bridgeport C7 Grow America assisted the City in framing the development opportunities for the dormant and vacant commercial buildings and land parcels in the CBD by drafting requests for proposals. Grow America introduced additional development opportunities with existing property owners by outlining financial structuring approaches that addressed the fundamental cost -value differential that is common in the Bridgeport market. Specifically, Grow America introduced and justified the utilization of the necessary tools for such developments to occur. These tools include historic tax credits, New Markets Tax Credits, HUD Section 108 loans, payment in lieu of taxes (PILOT), and discounted property sales, to name a few. Some of the Bridgeport developments required over ten funding sources to complete the capital structure. As complex as the initial transactions were, the more recent developments involve fewer funding resources, a trend that points to the strengthening of the market due to the completion of the pioneering early -stage developments. Grow America's involvement illustrates its value to economic development efforts in Bridgeport. Grow America played an instrumental role in creating the financial structure for several mixed - use and mixed -income developments. Its various roles included: • Generating over $30 million indirect investment using Grow America's Newmarket Tax Credit (NMTC) program; • Attracting investment to the developments by securing three institutional investors (Citi, US Bank, and Wells Fargo) and other NMTC community development entities; 911 • Structuring sources of subordinated funds including HUD credit and grant facilities and State of Connecticut investments from DECD and DOH; • Securing equity investment for the rehabilitation of historic buildings using Grow America's Corporate Equity Fund (CEF); and • Delivering credit facilities for the commercial tenants of the mixed -use buildings with Grow America Fund and the City's local community development financial institution, Community Capital Fund. New Rochelle, NY - Real Estate Tax Assistance Structuring for Transit Oriented Development (TOD) The City of New Rochelle (the "City") approved a new zoning plan for their downtown that is immediately adjacent to a transit station. This "up -zoning" effort was accompanied by generic environmental approvals to speed and reduce the cost of development. The City also focused on extracting community benefits for arts and affordable housing concurrent with the new zoning. This was set in place with mandatory and incentive -based standards in the new zoning. To facilitate inclusive growth, however, the City first needed to attract development. Grow America suggested revising the City's Uniform Tax Exemption Policy ("UTEP") to streamline the parameters of requests for tax abatements. Grow America subsequently created a model policy based on hypothetical growth that would both allow development to be financially feasible and result in a positive fiscal impact to the City. Rendering of18-Story Mixed -Use Building (presently under construction) 11 On an on -going basis, Grow America provides regular third -party analysis for financial incentives for approved developments with oroiect costs exceeding $3 billion in the last forty-eight (48) months. Each project requires a "but -for" analysis to determine need and ensure positive cost - benefit to the city and public bodies. City officials used DC analysis as the basis to substantiate the financial incentives offered. Client References Agency Name: Suffolk County Department of Economic Development and Planning Contact Name: Sarah Landsdale, Commissioner of Economic Development Phone No.: 631-853-6088 E-mail: SLansdale@suffolkcountyry.gov Description: Grow America works closely with Suffolk County staff with most of the projects that seek direct financial assistance from the County and/or the Towns with which it collaborates on targeted development. Grow America also does the feasibility studies and layering analysis for developments which seek funding assistance through its Workforce Development and Transit Oriented Development Funds. Through its contract with the County, Grow America also assists with right -size the financial incentives packages that are considered and offered through the Suffolk County IDA. Term 2014-Current Agency Name: City of New Rochelle Contact Name: Adam Salgado, Commissioner of Economic Development Phone No.: (914) 654-2083 E-mail: asalgadoCdnewrochellenv.com Description: Grow America suggested revising the City's Uniform Tax Exemption Policy ("UTEP") to streamline the parameters of requests for tax abatements. Grow America subsequently created a model policy based on hypothetical growth that would both allow development to be financially feasible and result in a positive fiscal impact to the City. On an on -going basis, Grow America provides regular third -party analysis for financial incentives for approved developments with project costs exceeding $3 billion in the last forty-eight (48) months. Each project requires a "but -for" analysis to determine need and ensure positive cost -benefit to the city and public bodies. City officials used DC analysis as the basis to substantiate the financial incentives offered. Term 2016-current Agency Name: Nassau County Contact Name: Theresa Dukes, Deputy Director Phone No.: (516) 572-1924 E-mail: tdukesOnassaucountvnv.gov 12 Description: Assisted with the administration and programming of its community development program. It has reviewed proposals, helped size the assistance packages, and conducted all layering analysis for projects that have been assisted with HOME funding. Multiple grant programs totaling over $28 Millon funded by ARPA and CDBG funds Term 2014-current 2.3 Similar Experience of Sub-consultant(s)/Sub-contractor(s) N/A 2.4 Evidence of Prior Working Experience N/A 13 Tab 3. Approach and Methodology Grow America will work closely with City staff in every phase of the review process, including credit underwriting, subsidy layering, cost allocation and market study review. While available every dayvia phone and e-mail, Grow America staff will also provide on -site technical assistance, as needed. Based upon information contained in the solicitation, Grow America proposes the following as an initial approach. 1. Reviewthe development program forthe area of work. Grow America's analysis maythen include the preparation of a financial model for a specific project, or review a proposed project due diligence reports, development budget, and operating pro forma. We will review costs, income, and expenses for reasonableness and consistency with both the market and programmatic goals. 2. Determine if both debt and developer equity have been maximized based upon the application of standard underwriting ratios (debt coverage and loan to value) and developer yield expectations (developer fee, cash on cash, yield to cost, and internal rate of return). 3. Review cost estimates and other third- party reports such as appraisal and/or market studies, as appropriate, to determine that the capital budget and operating budget are consistent to other comparable developments in the area market. 4. Review and determine whether other sources of unconventional funding from sources such as community development finance institutions (CDFIs), state and federal agencies, and foundations, among others, have been considered for the capital structure of the development. S. Review financial projections for each respective project as well as potential sources of tax -advantaged, tax -credit, or publicly supported real estate financing. Among the sources of funds to be considered as part of the funding structure are: • Conventional Debt • City and/or State CDBG or HOME • State Historic Tax Credits • Federal Historic tax Credits • Low Income Housing Tax Credits (9% and 4%) • Private activity tax-exempt bonds • Other funding programs from Department of Housing and Connecticut Housing Finance Agency • New Markets Tax Credits 14 6. Review experience and capacity of development team, including developer, contractor, architect/engineer and property manager. 7. Determine the feasibility for the development based upon the assumptions made in the development budget, operating budget, and development program, based upon Grow America's knowledge of the City of Bridgeport market and the common metrics utilized for within the real estate industry for financial underwriting and investment thresholds. 8. Provide market analysis based upon demographic and market data which determines the need and demand for such proposed product and the likelihood for the market to absorb such product(s). Also use such market analysis for prioritizing the type of development that are best suited to the market. 9. Grow America will engage with relevant stakeholders, such as local authorities, community organizations, and potential investors. 10. Grow America shall provide technical assistance to the Client as requested via teleconference, email, phone, in -person or other means. 11. Grow America shall provide technical assistance and general recommendations to inform City in their efforts to determine the feasibility and structuring of their projects to review and include an assessment of City's existing resources as a HUD certified housing counseling agency and its application to the existing development programs. 12. Grow America will assist in the development of tools that leverage economic development incentives and programmatic goals. Grow America will prepare feasibility analysis reports and present its findings to staff and/or advisory board, as necessary. Grow America will work with City staff and the applicants as needed on the application contents and source documentation that is needed in order to conduct the layering analysis for the selected projects. 15 TAB 4: Other 4.1 Standard Disclosure Grow America respectfully requests the addition of the following Standard Disclosure in the agreement: Standard disclaimer regarding Grow America's compliance with Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act ("Dodd -Frank") and amended Section 15B of the Securities and Exchange Act of 1934 ("Exchange Act"): Grow America is not a Registered Municipal Advisor as defined in Dodd -Frank and the Exchange Act and therefore cannot provide advice to a municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities, including structure, timing, terms, or other similar matters concerning such financial products or issues. The general information contained in this document is factual in nature and consistent with current market conditions and does not contain or express subjective assumptions, opinions, or views, or constitute a recommendation, either express or implied, upon which a municipal entity or obligated person may rely with respect to municipal products or the issuance of municipal securities. In connection with these matters, it is expressly understood by all parties that Grow America is not acting as your agent, advisor, municipal advisor, or fiduciary. Grow America may have financial and other interests that differ from yours. You should discuss the information contained herein with your own municipal, financial, legal, accounting, tax, and/or other advisors, as applicable, to the extent that you deem appropriate. 16 4.2 Insurance OVA NATIDEV-02 CERTIFICATE OF LIABILITY INSURANCE eAQH;Rryry THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO MOWS 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. INSURED the Inc. National Council for Community Development, Inc. Go Grow Amxice 03 Third Avenue, I M Floor, Suite J New York, NY 10017 He. N be and need. A atebment on (ARco,NN ENI: (206) 204-9140 jvv ,. I:(208) 204-9205 T,0k. INSUPERIEI MFORDING COVEMGE NAICE INSURERA. Federal Insurance Company 20281 INSURERIA Chubb Indemnity Insurance Company 12777 1... PER Cr. PartnerRe Ireland insurance dae 178009 IM6.RER D: INSURER E. 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 ONO CLAIMS. f PO E ERP 29 TYPEOFINSUMMCE ADOLSUM MMYM ME0. 100AM .sera A X CONNFACMLGEXEMLLIANVIY 1,000,000 EACH CE E CWMEIMOE X OCCUR % X 35338064 SH12024 SHI2025 DANIGE TO REMED 1,000,000 PREMSES(EE•memN) $ NED.P(uy onew+onl 1 10,000 PERSCNALaA➢VINAW E 1,000,000 GI AGGRE APPUES PER: GENEMLAGGRE. S 2,000,000 p&LL�IIMIIT FOUCr ITX LOC PRODUCTS-COMPNa AGG 5 Included OTHER A AOTOMDNL[LwE1n M IT 1,000000 lCFOOMNNEEDSINGLE E AMAUTO X X 735122" SIM024 5/1T2025 SOMLY INJURY(P.Px•n^) s OVED90IIEDUULLEEDDNONLY mePI) .5 X NY X PoI�eoAINAGE M A X VNBRELIA LAS X OCCUR EACH OCCURRENCE S 10,000,000 ... UAB cWMSMDE MM760 5IMM 51112025 10,000,000 AGGREGATE $ DED RErEMYONS B wpLNEM CONPENMTMX X PER OTH AND EMPLOVERYLIWUIY YIN STATUTE ' ER MY PROPRIETORNIX ARTHER/ECUTYC X 7165610 W112024 SIMMS EL ERGIACCIOENT S 1,000,000 pF„ECWMEMSE0. FXCLU[ED? NIA 'Y ry,ANN) EL DISEASE - EA EMPLOYEES 1,000,000 T .• ,IAE O&scR,PrION .r0PEMnoxs lEwN EL DISEASE -FCUcv UNIT S 1,000,000 C EAO 81282FI1305929 12112023 121112024 $100,000 OEO 3,000,000 OEeCMPTpX OF MUTIONSI LOCATIOxnl VENCLEs II1CU1m TDs, Amnmw R•T•IM• B[IMUM.m•v n•tlMNnM en xTPn •Nu I•,pu1 Re: RFO 2D34-005a1D Economic DE ND opmem muMrN Services SHOULD ANY OF THE ABOVE DESCRBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN do ACCORDANCE WITH THE POLCY PROVISIONS. SON ON 9 Insurance Compliance Services P.O.P.84T MurtiMa, CA 92564 AUTNNULEO rNPREOEMAINE The ACORD name and logo are registered mane of ACORD 19 Mobile Only those "autos" that are land vehicles and that would qualify under the definition Equipment of "mobile equipment" under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Insurance Law B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have covemge for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto' for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service bemuse of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss", or e. Destruction. SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages bemuse of'bodily injury" or "property damage" to which this insurance applies, mused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, mused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" 'd there is either "bodily injury" or "property damage' to which this insurance applies that is mused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a'covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 ® Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered 'auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees', partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the 'Insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "Insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -stale vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured' would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 1013 0 Insurance Services Office, Inc., 2011 Page 3 of 12 ENDORSEMENT Named Insured NATIONAL COUNCIL FOR COMMUNITY Effective Date: 05-01-24 12:01 A.M., Standard Time Agent Name ALLIANT INSURANCE SERVICES INC AgentNo. 31004-999 Primary and Non -Contributory Liability Insurance Schedule Name(s) of Persons) or Organization(s): The following is ae to Item 5. - "Other Insurance" of Item B. - "General Conditions" under Section IV. - "Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownershi , maintenance, use, rental, lease, loan, hire or borrowing by an 'insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 1 G02-0252(Ed. 1-01) 4. Loss Payment —Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Freud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other 'insured", at any time, intentionally conceals or misrepresents a material fact conceming: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee— Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, stoning or transporting property for a fee regardless of any other provision of this Coverage Form. S. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto' which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer' is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered 'auto' you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 01 1013 © Insurance Services Office, Inc., 2011 Page 9 of 12 POLICYNUMBER (24)7351-22-44 COMMERCIALAUTO CA D4 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Dale: SCHEDULE Name(s) Of Person(s) Or Orgarizafon(s): PERSONS OR ORGANIZATIONS FOR WHICH YOU ARE OBLIGATED, PURSUANT TO A CONTRACT OR AGREEMENT, TO WAIVE YOUR RIGHTS OF RECOVERY YOU WOULD OTHERWISE HAVE AGAINST SUCH PERSONS OR ORGANIZATIONS FOR "LOSS" TO WHICH THIS INSURANCE APPLIES. The Transfer Of Rights Of Recovery Against Offers To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accidenP or the 'loss" under a contract with that person or organization. CA 04 M 1013 C Insurance Services Office, Inc., 2011 Page 1 of 1 Other Insurance We will share the remaining lass, if airy, with any ather insurance that is not described in this (continued) Excess Insurance provision and was rot negotiated snecifaagy, to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. MelhodolSharing If all of the other inamorata permits contribution by equal shares, we will fallow this method also. Under this method each insurer contributes equal amounts until it burs paid its applicable limits of imurmce or none of the loss remaim, whicbrwr cumes fast If any of the other insurance does not permit contribution by equal shores, we will contribute by limits. Under this method, each instances sbare is based on the ratio of its applicable limits of insurance to the mml applicable limits of insurance of all insurers. Premium Audit We will compute all premiums far this insurance in accordance with am rules and rules. In accordance with the Estimated Premnums station of the Premium Summary, premiums shown with an asterisk (e) are estimated premiums and are subject to audit. In addition to or in lieu of sucb desiRration in the Premium Summary. premiums may be designated as estimated premiums elsewhere in this policy. In that case, dose premiums will also be subject to audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. Separation Of Insureds Except with respect an the Limits Of Insurance, and any rights or duties specifically assigned in this imwa ace to the fast named insured, this insurance applies: • as if each named insured were the only named Insured: and separately to each insured against whom claim is made or suit is brought. Transfer Or Waiver Of We will waivs the right of recovery we would otherwise have had against another person or Rights Of Recovery organization, for loss in which this instance applies, provided the insured has waived their rights Against Others of recovery against such p rsup or organization in a contract or agreement that is executed bar= such lass. To the extern that the insureds rights in recover all or part of spy payment made under this Insurance: have act been waived those rights are transferred to us. The inured most do nothing after loss to impair them. At our request, the insured will bring salt or transfer those rights to us and help us entrance them. Tins condition does rot apply to medial expenses. Ludsy Lwurena Fwm 1]-02-SpaO(Rev. MI) Curbed Pagc24WW CH U BB' Liability Insurance Endorsement Policy Period MAY 1, 2024 TO MAY 1, 200 Effective Date MAY 1, 2024 Policy Number 3533-60-64 WUC Insured NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued FEBRUARY 23, 2024 This Endorsement applies to the following forms: GENERAL LIABILITY ITY Under Who Is An Insured, the fallowing provision is added. Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are iretvedv; but they are ®urede only if you are Scheduled Person obligated moment to a contactor agreement to pmvide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an hnored only: • if and then only to the extent the person or organization is described in the Schedule; • to the esmnt such contract or agreement requires the cement or organization to be afforded smms as an lown.d; • for activities that did net occur, in whole or in part, before the execution of the contractor agreement; and • with respect to damages, loss, cost or expense for in my or damage in which this Insurance applies. No person or organization is an humoxl under this prevision: • that is more specifically idendfied under my other provision of the Who Is An Insured section (regardmssof any limitation applicable therem). • with respect many assumption of liability (of mother person or organization) by them in a contract or agreement. This limitation does act apply m the liability for damages loss, costar expense for injury or damage, to which this m armce applies, that the person or organization would have in the absence of such contact or agreement. Liability Inmrmm Addlbsal Intoned- aclwdulad Pwsnn Or Qpmumnn ..mad Fdmr amma-2307(fist 5•10) Ergaaanam peps I CHUBB' LlabiUry Endorsement (continued) Under Condidons, the fallowing provision is added to the condition titled00er Insurance. CondWons Other Insurance — If you are obligated, pursuant to a contract or agreement, an provide the person or organization Primary, Noncontributory shown m the Schedule with primary insurance such as is aHarded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from mmmoce available to such person Person Or Organization or organization. Schedule PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO WRITTEN CONTRACT OR AGREEFffiNT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THUS POLICY; BUT THEY ARE INSUREDS ONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED. HOWEVER, NO PERSON OR ORGANIZATION IS AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS POLICY (REGARDLESS OF ANY LB.IIIATION AMICABLE THERETO). AI other terms and conditions remain unchanged. Audronzsd Rapisenmbva Q,_-- A-,' i, Liability lnsursoco AdfYbrW Nwrod- Sdpprpd Person Or 0spnr®Mon Naalpaga Form ep02-23a7fftw Sall rrMbe l Page 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed, 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule AS REQUIRED BY WRITTEN CONTRACT For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and o effective on the dale issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation or the policy.) Endorsement Effective 05-01-24 Policy No, 71656165 Endorsement No. Insured NATIONAL COUNCIL FOR COMMUNITY DEVELOPNE Premium $ Incl . Insurance Company Chubb Indemnity Insurance Compaay WC 00 03 13 (Ed 4-841 a +sea ua'ooai co•nui on como•os.non mao.•nc•. Countersigned By �o„w coPr C H U B B' Policy Condition Endorsement Policy Period MAY 1, 2024 TO MAY 1, 2025 Effective Date MAY 1, 2024 Policy Number 3533-60-64 WUC Insured NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT, INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued FEBRUARY 23, 2024 This Endorsement applies in the following ferns: COMMON POLICY CONDITIONS Unda Conditions, the fallowing condition a added. Conditions Notice Of Cancellation When we cancel this policy for my reason, other than non-payment of premium we will notify To Scheduled Persons person(s) or organization(&) shown in the Schedule at least 30 days in advmce of the cancellation Or organizations When date. We Cancel Any failure by us m notify such pasoo(s) or organization(s) will M: • impose any liability or obligation of any kind upon us; or • invalidate such cancellation. Schedule Persons) or Organization(s): IF YOU ARE OBLIGATED, PURSUANT TO A WRITTEN CONTRACT OR AGREEMENT, TO PROVIDE PERSONS OR ORGANI7ATIONS Address: WITH NOTICE OF CANCELLATION, THEN WE WILL NOTIFY SUCH PERSONS OR ORGANIZATIONS PROVIDED THAT WITHIN 15 DAYS OF THE DATE WE SEND NOTICE OF CANCELLATION TO THE FIRST NAMED ENSURED, THE FIRST NAMED INSURED OR r acerasN To acMdaMPwsw& a apwaaa Poacy CorMiaore XWpfN Aiym OlPamaan) Form aen our (H &I1) Endoae Pegs 1 Cond/tlons (ccnOnued) Person(s)uOrgavizaa n(s): PRODUCER OF RECORD PROVIDES US WITH A SPREADSHEET CONTAR 1NG THE NAME, MARANO ADDRESS AND, IF Address; AVARABI$ 6MAR. ADDRESS OF THE PERSONS OR ORGANIZATIONS. PersvIXs)m Orgamzation(s): MARICOPACOUNTY Address: CIO RISKMANAGEMENT 301 W JEFFERSON ST., SUITE 910 PHOENIX, AZ M3 H you are obligated, pursuant to a wriuen convict or agmemam, to provide persons) or organization(s) with notice of caace0ation, then we will ramify such person(s) or organization(s) provided that within 15 days of the date we send notice of cancellation in the first named insured, the Rust named insured or producer of record provides as with a spreadsheet containing the name, mailing address and, if available, e-mail address of the pera (s) or organization(s). All other turns and conditions remain unchanged. AulboruW nWnuanlraba QLQ nbtlaa dGrcMaaan io 3claa4ded Porooria dQ'paraxetldro Poky CpMdpK ([dapr NamPoYrrwnrpgenaum) YNpaga Farce $?M(Ed.a11) Errdwa .l Pogi2 4.3 Resumes Kevin F. Gremse 277 Fairfield Ave., 4th Floor Bridgeport, CT 06604 Ph: (917) 559.7181 kgremse@ndconline.org Professional Experience 1997-Present National Development Council, New York, NY Director Coordinate and deliver multi -disciplined set of economic and affordable housing development services, including technical assistance, training, and financial services to municipal economic and housing development offices, housing community housing development corporations, and national financial institutions. Represent and deliver NDC financial products, including a tax credit investment fund, development division, and small business lending company to client communities. Develop training materials and leach multiple Gasses in commercial credit analysis, real estate finance and housing development finance as part of NDC's nationally renowned certification Gasses for practicing economic and housing development officials. Assisted with the financial structuring of over $600 million in closed transactions for real estate developments and small business finance transactions. 1993-97 City of Bridgeport, Bridgeport, CT Economic Development Specialist Prepared business plan and organized effort to establish Grow Bridgeport Fund, an $8 million community development bank. Secured over $4 million in state and federal funding which leveraged financial commitments in excess of $4 million from seven local financial institutions. Authorized proposal and organized city-wide effort which resulted in the City of Bridgeport being designated as one of the first three cities in the country to receive a U.S. EPA pilot grant for the Brownfields Economic Redevelopment Program, an effort to reclaim and redevelop abandoned and underutilized industrial land. Organized community planning process and process and co-authored the City of Bridgeport's Strategic Plan. Process involved participation from over 500 individuals from community, business and government. Authored the document of the Overall Economic Development Program (OEDP) and coordinated the community -wide process for its preparation. 1990.91 Camden Redevelopment Agency, Camden, NJ Executive Assistant Wrote grant applications and identified government funding sources for development projects. Prepared requests for proposals, monitored contracts of developers and consultants, and administered multi -million dollar project budgets. 1990 Economic Research Associates, Chicago, IL Research Associate (Summer Intern) Assisted project directors of real estate consulting firm in preparing proposal and reports. Conducted market and feasibility study for the development of a municipal golf course and prepared funding options for a regional light -rail system. 1989-90 Portland West Neighborhood Planning Council, Portland, ME Housing Management Coordinator Managed renovation/construction work for 16 Community development corporation -owned buildings. Coordinated fundraising campaign, Raising the Roof, for the CDC's affordable housing program. 1988 Jesuit Volunteer Corps, Portland, ME Jesuit Volunteer Education Edited neighborhood newspaper for a community development corporation. Administered youth restitution and community service program. University of Pennsylvania, Fels of Government, Philadelphia, PA Master of Arts, Governmental Administration University of Scranton, Scranton, PA Bachelor of Arts, Public Administration National Development Council Economic Development Finance Professional Certification Housing Development Finance Professional Certification NATIONAL DEVELOPMENT COUNCIL Erin E. Howard, AICP 196 N. Parker Hill Road Killingworth, Cr o6419 (860)638-9684 Erinchowarch6na gmail.com Profile From fieldwork and educational experience, have acquired exposure and substantial knowledge in Economic Development and Planning along with gaining experience working with local, state, and federal government officials and stakeholders. Dedicated professional looking to further expand my career within all facets of community and economic development. Over two years of experience in a consulting firm, ten years of full-time work experience in municipal government with nine years of part-time/paid internship experience and of that municipal experience, ten years focused on Economic Development, and six years of education with four years in Political Science and Economics and two years with a Master's Degree in Regional Planning with a focus on Economic Development. Education Work Experience University of Massachusetts, Amherst, City of Hartford: January 2023 — Present Massachusetts Full -Time Director of Planning since January 2024 and Acting Director Master of Regional Planning Graduate of Planning from January 2023 to December 2023. Oversees and Planning Student Organization, President 2008 manages the Planning Division including the plan review, zoning September 2oo7-September 2009, Graduate enforcement and transportation planning teams within the Development Services Department. Conducts plan review, engages with applicants University of Connecticut, Storrs, Connecticut regularly and facilitates meetings and discussions with multiple Bachelor of Arts in Political Science and departments to assist applicants throughout the entire development Economics process. Provides support to Planning related boards and commissions August 2oo5-May 2007, Graduate including the Hartford Planning & Zoning Commission. Currently overseeing system improvements to the City's Accela permitting system Roger Williams University, Bristol, Rhode Island and is in the process of updating the City's zoning regulations. Major in Political Science August 2003 - May 2005 City of Hartford: March 2oiq — December 2024 Full -Time Director of Economic Development. Oversaw and managed the Certification/License Economic Development Division within the Development Services Department. Assisted property owners, businesses, and potential American Institute of Certified Planners (AICP) businesses within the City regarding growth and economic opportunities. CT Real Estate License: RES-0792246 Responsible for moving economic development initiatives such as the recent American Rescue Plan Act including the City's successful Hart Lift Technology Program in partnership with the Hartford Chamber of Commerce, the creation and management of the Hartford Revolving Loan Fund of approximately $30 Million of development funds administered by the Microsoft Office, Adobe Photosho ,and Geographic PCapital Region Development Authority (CRDA) and managed the Information Systems (G1S) relationship and disposition of (Sty owned properties to the Hartford Land Bank Oversaw the management of City owned properties and Boards, Commissions & performed asset management for City facilitated development deals. Memberships Negotiated development deals with public incentives, such as land dispositions, public subsidies and/or tax firing agreements. Prepared a Middlefield Planning & Zoning number of grants and successfully leveraged over $u Million in Commission: Community Challenge Grant funds from the State of Connecticut for two January 2013 to December 2016 — Alternate key transformational projects within Hartford's neighborhoods. Collaborated with the City's Planning Division on developing and January 2017 to December 2017 — Regular implementing Planning Studies, Redevelopment plans etc., including the Member January 2oi8 to January 2019- Chairwoman most recent Arrowhead Gateway Study and the City-wide Hartford Parking Study in partnership with the Hartford Parking Authority. Oversaw the City's Special Event process, City's overall marketing program and the CiWs opportunity zone strategy. Provided direct support to the Director of Development Services and the Mayor. Collaborated with stakeholders and organizations across the City, such as the Hartford Chamber of Commerce, Hartford Parking Authority, Hartford Business Improvement District, multiple NRZ's, Community Development Partners such as NINA, SINA, Habitat for Humanity and the State to support and advocate for the future growth & sustainability of the City. American Planning Association (Sty of Torrington: February 2014 — March 2oig Connecticut Chapter: Member since 2012. Full -Time Director of Economic Development. Assisted property owners, Assisted with the "Start With Planning" new businesses, and residents within the City regarding economic growth Initiative and co -wrote the Economic Policy and development. Provided direct support to the Mayor in addition to Position paper in 2018. As part of the advocacy boards & Commissions such as the Economic Development Commission, efforts, spoke at both the 2018 Southern New Torrington Development Corporation and served as the City England APA conference and the 2oi8 representative on the Northwest Connecticut Economic Development Connecticut Conference of Municipalities Corporation responsible for the regional CED's implementation, Conference. coordinates brownfield redevelopment and grant writer. Specifically, from 2014 to 2019, leveraged and administered $1,5 Million in DECD Connecticut Economic Developers Municipal Brownfield grants including a Brownfield Area -Wide planning Association: A CEDAS Board Director and grant, in addition to salvaging $625,000 EPA Revolving Loan Fund in past Chairwoman of the Communications 2ot4. Acted as a liaison to businesses through the coordination of the Committee responsible for the CEDAS E-news local development process and state programs including the Enterprise and website and past co -Chairwoman of the Corridor Tax Abatement program. Also sat on the City's Blight Task Policy Committee focused on state-wide policies Force. Forged relationships with multiple state and federal departments and advocating for economic development in order to move multiple projects forward within the City. related initiatives. 2015 to present Town of Windsor: January 2o13-February 2oi4 Full -Time Assistant Planner & GIS Coordinator in the Planning Connecticut Brownfield land Bank, Inc: Department. Assisted applicants with the development process, reviewed Vice President (2023) & Board Member site plans such as the Amazon distribution center, processed applications, attended meetings and public workshops, and helped Hartford Chamber of Commerce: Sits as facilitate the Transit -Oriented Development Study in Windsor Center. the Hartford City representative as a Board Also served as the Liaison for the Historic District Commission. Member since 2020. Mflone and MacBroom, Inc.: June 2010-January 2013 Full -Time Planner in the Transportation/Traffic Department focusing on References transportation planning. Assisted with transit -oriented development (TOD) projects, traffic impact plans, parking studies and corridor Elinor Carhone management plans. Also assisted the planning department on numerous Mayor planning projects such as redevelopment plans, land use development, City of Torrington feasibility plans and market and fiscal impact studies. Assisted and/or Elinor Carbone0torringtonct.Qrg prepared GIS tasks such as build -out scenarios, school redistricting, and (860) 489-2228 numerous mapping projects. Conducted research for numerous projects (86o) 387-3247 (Cell) and groups within the company. Michael Freimuth City of Middletown: August zoog — June 2010 Executive Director Planner (Grant Funded) in the Planning Conservation and Development Capital Region Development Authority Department. Worked on the United States Environmental Protection mfreimuthfl" adact.net Agency (EPA) Brownfield Assessment and Cleanup grants. Coordinated (86o) 527-0100 GIS for the awarded assessment grant and prepared a cleanup grant. (860) 478-1868 (Cell) Organized GIS framework for town wide purposes and acted as the 2010 Census liaison for the City of Middletown by outreaching to local Armindo "Mingo' Gomes communities and coordinating a town wide workshop. Conducted Chief Executive Officer research for the creation of a master bicycle plan. Hartford Parking Authority MingogomesP)hartfordoarkinecom Real Estate Experience: August auto — Present (86o) 757-0720 Part-time real estate agent. Work with several types of clients and (860) 712-182o stakeholders regarding residential real estate in Middlesex County. Have gained knowledge of the real estate market and the impacts on the local Michael Piscitelli economy. Economic Development Administrator April 2022- Present — eXp Realty City of New Haven August 2010-April 2022 — William Raveis Real Estate mpiscitenv newhavenct.eov (203) 946-2867 Other Past Experience: (2o3) 640-0364 (Cell) Part -Time Land Use Assistant for the Town of Ellington (2008-2009), Research Assistant for the Center of Economic Development at the William Warner, AICP University of Massachusetts, Amherst, (2007-2008) and Interned for the Town Planner — Town of Haddam City of Middletown (2001-2008) in multiple departments including the Previous Director of Planning, Conservation & Mayor's Office, Planning, Conservation and Development and Building Development City of Middletown Department. Townplannerfahaddam.or (860) 345-8531 Ext: 219 (860) 575-5570 (Cell) John Gerber (203) 540-9114 172 Maspeth Ave Ill, Brooklyn, NY 112111 johnmgerbs@gmail.com EDUCATION University of Pennsylvania I The College of Arts & Sciences Philadelphia, PA Bachelor of Arts /Cum Laude Graduation: May 2020 GPA: 3.52/4.00 Major: PPE (Philosophy, Politics & Economics) WORK EXPERIENCE Grow America (Formerly National Development Council) New York, NY Associate Field Director (Technical Advisory Services Division) October 2021 — Present • Operate under East Team Senior Director to provide economic and housing development technical assistance to municipalities, nonprofits, and public benefit corporations. • Underwrite mixed -use, mixed -income, and commercial real estate developments to assess project financial feasibility and right -size tax incentives for municipal clients; write reports and present summarized findings from said analyses. • Size and underwrite CDBG-DR and HOME funds for municipal clients and provide digestible layering analysis reports. Underwriter (Small Business Lending Division) September 2020—October 2021 • Provided small business assistance to and underwrote low -interest loans fen Minority/Women-owned Business Enterprises (MWBEs) and small businesses owned by persons of low-income. • Underwrote a total of $11.4 million in loans to 185 small businesses throughout NY, WA, CT, and the southeastern US. Cohen & Steers, Inc. New York, NY Marketing Summer Associate June 2019 —August 2019 • Managed summer -long project to analyze marketing/outreach strategies of other asset managers and presented to senior management, resulting in the start of a company -wide ESG marketing campaign. • Worked in Salesforce and Airtable to recognize and analyze firm's email, websiw, and social media marketing trends. • Assisted VP of channel marketing department in day-to-day tasks, including researching various marketing analytical tools, organizing/updating spreadsheets, writing/edifing client update entails, and attending conferences. Cristin McCarthy Vahey for CT House of Representatives Fairfield, CT Campaign Intern July 2018 —August 2018 • Researched voter trends to target campaign efforts towards specific town regions. • Led door-to-door campaign team of other volunteers and drafted talking point scripts utilized by those who were less experienced. Kevin Kiley for Fairfield Selectman Fairfield, CT Campaign Intern May 2017—June 1017 • Phone banked and led door-te-door campaigning team that specifically focused on independent voters. • Helped campaign achieve a successful result with 59.3%of the vote. LEADERSHIP AND ACTIVITIES St. Baldrick's Foundation, Team Teddy Fairfield, CT Team Captain January 2010 — Present • Raise money throughout the year, in return for shaving head in March, to help fund pediatric cancer research. • Have brought in approximately $230k individually and $1.6 million team -wide to date. Penn for Youth Debate Member Philadelphia, PA September 2017—May 1019 Mentored freshmen and sophomores attending Hardy Williams High School in West Philadelphia Trained students for school -wide and local debate competitions, including a debate where two fteshmen placed second in the school district. SKILLS AND INTERESTS Skills: Microsoft Office (Word, PowerPoint, Excel), Economic Development Finance, Small Business Credit Analysis, Rental Housing Development Finance, Public Speaking, Time Management Interests: Running, Film, Philadelphia Eagles Geoffrey Person Field Director Location Hartford, Connecticut Areas of Expertise ✓ Financial Underwriting ✓ Subsidy layering ✓ Development Process ✓ Economic Development ✓ Program Design, Implementation and Management Education BS, Business Administration, University of Connecticut, Storrs MBA — Finance Concentration University of Hartford, CT Years of Experience Total: 14 Time Commitment 100% as Needed Geoffrey is an experienced community development professional with over twelve years of experience in community and economic development, with expertise in real estate finance and small business development. As a field director, he specializes in providing guidance and technical advice to local government agencies around community development strategies, gap financing, underwriting and program management. He has in depth knowledge and experience with federal, state, and local economic development finance programs. RELEVANT AND RELATED EXPERIENCE Grow America Feld Director 1 (02/2021— Present) Technical assistance on federal, state and local financial programs to communities in New York, Connecticut, and the U.S. Virgin Islands, including financial underwriting of real estate projects and program development. • Technical assistance in drafting RFP/RFD's and reviewing the responses. Technical assistance in reviewing financial requests from grant or loan programs available in the community. Teaches Real Estate Development Finance classes available at Grow America. • Interacts with borrowers, bankers, applicants, technical assistance providers, and community members. • Collaborates with other financial resources to ensure full utilization of available public and private resources. Capital For Change, CT Commercial Loan Officer 1 (02/2019 — 02/2021) • Source, underwrite, and dose multifamily loan types related to predevelopment, acquisition, construction and/or permanent loans including small multifamily, Low -Income Housing Tax Credit, and State/Federal Historic Tax Credit transactions. . Independently created and maintain commercial loan portfolio dashboard, used by multiple departments, that tracks, analyzes, and displays key performance metrics related to portfolio composition, health, and trends. Work closely with Finance Department to manage capital debt structure, adequately price loans, and optimize fee income and net interest margin. Geoffrey Person Field Director • Independently led a cross -sectional team that significantly improved the funding requisition process related to an eleven (11) bank multifamily loan fund consortium, by leveraging Microsoft Access to increase accuracy and substantially reduce processing time of each funding request from approximately one week to one hour. • Perform loan restructures, modifications, and technical assistance. Connecticut Housing Finance Authority, CT Financial Analyst 111 (09/2017 — 09/2019) Multifamily Underwriter 1 (12/2013 — 09/2017) Asset Manager 1 (10/2012 — 12/ 2013) Multifamily Mortgage Underwriting Analyst 1 (08/2010 — 10/2012) • Underwrote approximately $45 million of tax-exempt, taxable bond or special financing mortgage loans used to construct or rehabilitate 360 units of affordable housing. • Team leader responsible for guiding financing request through various phases of development, including application, commitment, initial closing, construction requisition release/completion, and final closing. • Prepared and compiled periodic reporting packages for internal and external purposes including various financial, investment, regulatory, and rating agency queries and periodic reports. • Collected data from primary and/or secondary sources to analyze and interpret data, trends, and patterns regarding CHFA's multifamily and single-family programs. • Maintained debt management database tracking approximately $4 billion of fixed rate and variable rate bonds. • Prepared ad -hoc analysis which sometimes includes regression modeling, research of programs relative to multifamily lending and single-family loan purchase and additional duties as assigned. • Analyzed development portfolio and presented a development presentation to the CHFA Board of Directors encompassing the development process, CHFA's review process, and an analysis relative to cost data. • Participated in strategic planning task force designed to better align the organizations stated mission with desired outcomes. • Monitored multifamily housing portfolio consisting of 2,200 units for fiscal and physical health. • Reviewed financial statements, operating budgets, and interim statements of operations; analyze revenue and expense data for trends or large variances. • Performed credible financing analysis of proposed operating expenses to determine acceptability of proforma cost estimates based on internal comparable data. Raquel Favela Executive Managing Director Tel: (210)215-0T0T ifavela@growamerica.org Professional Summery Ms. Favela is a recognized expert in economic development andhouting with 30 years of experience. As Executive Managing Director at the nation's oldest non-profit technical advisory services firm, GrowAmerxa, she leads the Training & Technirol Advisory Services Team in helping clients understand their markets and develop customized strategic plans andpaliry, solutions that build no -systems critical to the creation of egd[nblejob, small business and diverse housing options. A thought kaderand authority, she has walked in the shoes of most of the maim Participants in real estate development owner, investor, developer, consultant, governmental entity, leader and landlord. Known for delivering result; while at the City of San Antonio, Raquel is credited with producing San Antonio's first Strategic Community Development Plan in 5002. In 2018, while serving as tie City ofisollas'Chu faf Economic Development and Neighborhood Services, Raquel was lauded for delivering the city's first Comprehensive Housing Policy and Strategic Plan Mat addressed longstanding fair housing and disparate impact issues. Her unique brand of expertise in financing &real estate developmentjam her long-range planning acumen to bring bolancedproblem solving to communities. 2038-Present GnowArmi New York NY Executive Managing Director, Trotning & Technical Advisory Services • Leads team of housing and economic development technical advisors serving clients throughout the United States • Assists clients in helping understand markets with granulartythat allows them to more precisely use and leverage local, state and all federal housing and economic development financing tools • Certified Housing and Economic Development Finance Professional • Instructor in Grow America's Housing and Economic Development Finance Professional Certification Series 2017-2018 Cttyof Dallos, Dallas, TX Chief of Eronamh Development &Neighborhood Services • Oversee the departments of Planning & Urban Design, Housing & Neighborhood Revitalization, Offices of Economic Development, Code Compliance, and Office of Fair Housing and Human Rights (Direct reports, with over 660 FTEs; combined portfolio budget of over $850 million) • Resolved thirty-two longstanding internal and federal audit findings • Resolve legal issues ruled on by the Supreme Court of the United States to bring the City into compliance with affirmatively furthering fair housing laws and the Americans with Disabilities Act. • Managed the assessment and transition of twelve top tier executives and recruited qualified replacements • Led housing policy town halls that resulted In the development of the Cites first comprehensive housing policy and calling strategic plan to address the housing shortage crisis • Provide a transparent and consistent set of underwriting guidelines and uniform incentive application • Secured corporate sponsorship to Provide professional certification training for nearly IM employees and local non-profit partners in financial underwriting valued at $380,000 • Procured the consultant team to complete theCity's first Strategic Economic Development Plan in twentyyears 200T-201T GrowAmerhn. New York. NY MMwest Field Direttm • Provided technical assistance, training and financing to governments for real estate development projects utilizing Neighborhood Stabilization Program, New Market Tax Credits, Low Income Housing Tax Credits, Tax Increment Financing, HUD 108 Loans and other public financing mechanisms. • Served as course instructor of Housing Development Finance and Economic Development Finance Professional Certification Programs. • Served as advisor to city, county, state, federal, housing authorities and quasi -governmental entity officials on organizational, operational, programmatic and community relations related to housin& economic and community development. • Sample client list City of San Antonio, Texas; City of New Braunfels, Tens; City of Rockford, Illin0is; Las Angeles County Community Development Commission; State of Illinois Department of Commerce and Economic Opportunity; City of East Chicago, Indiana; San Antonio Housing Authority; Laredo Housing Authority; City of El Paso, Texas; City of Normal, Illinois; City of Shreveport, Louisiana; City of New Orleans, Louisiana; City of Westminster, Colorado, Madison County, Illinois; City of San Angelo, Texas; Gainesville Community Redevelopment Authority, Florida; Prichard Housing Authority, Alabama; 2007-2007 Plpnning & Comments, Development Dlrscsor, San Antonia. Tit City ci Attain Assistant 0frednr • Designed and implemented the figs first three-year strategic plan for community development and implementation of reinvestment plans designed to encourage sustainable development in transitional areas of the city. • Oversaw for the absorption of a fifty -year -old Urban Renewal and Redevelopment Agency, including assessment, financial reconciliation and transfer of all assets and liabilities. • Implemented and managed reorganization of support staff teams geared toward results. 199112002 Neighborhood Action Department San Antonio TX Spedal Projects c Ninneator • Responsible for management of projects designed to serve the needs of specific communities, enhance the appearance of neighborhoods, and improve neighborhood -based services. • Coordinated neighborhood service delivery. • Developed of project timetables from initial stage through implementation. • Concluded neighborhood meetings, which promoted departmental activities and developed project needs for implementation. • Analyzed issues related to scheduling, legalities, funding limitations, creating distinct service areas, etc. and provided findings and recommendations. • Worked extensively with City departments to develop and implement projects including serving on various committees, giving direction to other staff members and providing feedback to the Director. • Coordinated activities with City departments, private sector entities, community leaders, representatives and other affected stakeholders. • Maintained oversight and accountability through neighborhood follow-up meetings to answer questions and log work not completed, including providing handbooks of city services and community service logs to civic leaders for ongoing use. 1996-1998 Southwest Voter Regishotion Education "act San Antonln, M Regional Flehl Cnordleastor • Organized and managed 300 voter registration and Get Out The Vote (GOTV) projects throughout Texas, Colorado, California and New Mexico. • Hired staff and established operating budgets for each project. • Monitored performance and managed all finances for all projects. • Organized and led meetings with elected officials, community leaders. and candidates from each region to develop a strategy for the upcoming election cycle. • Prepared performance and budget reports for each project. 1994199T Catholic Ospdties of5an Antonio, Inc, San Antonio, TX Program Coordinator • Structured a naturalization program with services that consisted of application processing, civics classes, civics testing, accredited representation and provided specialized services to elderly and disabled clients. • Recruited and trained volunteers, solicited additional funding, held informational and pre-screening sessions for potential clients and increased the visibility of the agency. • Developed a successful internship program with lout universities. • Achieved an effective outreach program by convincing a local radio personality to allow me to host a one -hour call -in show mice week. • Maintained ongoing familiarity with federal regulations/laws related to immigration, welfare and naturalization. 199419% Neighborhood Housing Services cfSan Antonio, Inc., San Antonio, TX Assistant community Development Pionner • Assisted in land assembly and acquisition for affordable housing developments, teaching homebuyer education classes, creation of by-laws for newly formed neighborhood associations, wrote grant proposals and created reports for underwriters. HONORS 8, DISTINCTIONS • NDC Trainer of the year, 2016 • Robert L. Woodson, Jr. Award Affordable Showcase of Homes, 2005 • Innovations in American Government, Harvard School of Government, Neighborhood Sweeps, 1999 • NAHRO, Innovations Award, Tax Increment Financing Program, 2005