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HomeMy WebLinkAboutExhibitCity of Miami, FL RFQ 1414387 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2023 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), Lambert Advisory, LLC,. a Florida Limited Liability Company whose principal address is 100 Biscayne Blvd., Suite 2510, Miami, FL 33132, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1414387 on January 27, 2023 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Economic Impact and Feasibility Analysis Consulting Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the City's Planning Department (Planning), and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Economic Impact and Feasibility Analysis Consulting Services Pool for the purposes of providing Economic Impact and Feasibility Analysis Consulting services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1414387), and all associated addenda and 1 City of Miami, FL RFQ 1414387 attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, March 16, 2023, in response to RFQ 1414387, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated March 16, 2023, 2 City of Miami, FL RFQ 1414387 acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of nine (9) years: Initial term of five (5) years with two (2), two (2) year options to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) 3 City of Miami, FL RFQ 1414387 all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a 4 City of Miami, FL RFQ 1414387 proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 5 City of Miami, FL RFQ 1414387 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 City of Miami, FL RFQ 1414387 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 City of Miami, FL RFQ 1414387 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords(&miamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 City of Miami, FL RFQ 1414387 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 City of Miami, FL RFQ 1414387 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 City of Miami, FL RFQ 1414387 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 City of Miami, FL RFQ 1414387 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 City of Miami, FL RFQ 1414387 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 City of Miami, FL RFQ 1414387 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 14 City of Miami, FL RFQ 1414387 TO CONSULTANT: Eric Liff Principal Lambert Advisory, LLC 100 Biscayne Blvd., Suite 2510 Miami, FL 33132 TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Lakisha Hull Director, Planning Department 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective 15 City of Miami, FL RFQ 1414387 unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an 16 City of Miami, FL RFQ 1414387 independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or 17 City of Miami, FL RFQ 1414387 required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the 18 City of Miami, FL official logo of the City. 26. NO CONFLICT OF INTEREST: RFQ 1414387 Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this 19 City of Miami, FL RFQ 1414387 Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT VERIFICATION: Consultant shall E-Verify the employment status of all employees and subcontractors or subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Consultant knowingly employs unauthorized 20 City of Miami, FL RFQ 1414387 aliens, such violation shall be cause for termination of the Agreement. Furthermore, Consultant agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp to verify the employment eligibility of all employees during the term of this Agreement. Consultant shall also include a requirement in subcontractor or subconsultant agreements that the subcontractors or subconsultants shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractors or subconsultants during the term of this Agreement. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 City of Miami, FL RFQ 1414387 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. MELINDA CHMIELARZ ▪ Notary Public - State of Florida • Commission # NH 326904 .••• My Comm. Expires Feb 21, 2027 Bonded through National Notary Assn. ATTEST: Title: ATTEST: "Consultant" Lambert Advisory, LLC a foreign limited liability company authorized to do business in Florida By: -- Pr1nt Name: _Eric Liff Title: Principal "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 22 City of Miami, FL RFQ 1414387 EXHIBIT A RFQ No. 1414387 23 City of Miami, FL RFQ 1414387 EXHIBIT B SCOPE OF WORK Provide economic impact and feasibility analysis consulting services in the applicable service areas, as provided in the individual Work Orders, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 City of Miami, FL RFQ 1414387 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation 25 City of Miami, FL RFQ 1414387 Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer' s Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $2,000,000 General Aggregate Limit $2,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. V. Umbrella Liability Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto polices. 26 City of Miami, FL RFQ 1414387 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 City of Miami, FL RFQ 1414387 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 City of Miami, FL RFQ 1414387 COMPANY RESOLUTION WHEREAS, Lambert Advisory, LLC (Company Name), a _Florida Limited Liability Company_(State and type of incorporation, e.g., New York Corporation/LLC), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Agreement with the City, and _Paul Lambert (1st Name), the _MG Principal (1st Title), and _Eric Liff (2nd Name), the _Principal (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 30th day of November 20 23 Lambert Advisory, LLC ("Full Name of Company") An _Florida Limited Liability Company (State and type of incorporation) By:A, , (Signature of 1lt Name above) Name & Title: _Paul Lambert, MG Principal (print) 13y;-----/ ‘ (Signature of 2nd Name above) Name & Title: Eric Liff, Principal (print) 29 City of Miami, FL RFQ 1414387 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2023 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and PFM Group Consulting LLC, a foreign company, qualified to do business in the State of Florida whose principal address is 1735 Market Street, 42nd Floor, Philadelphia, PA 19103, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1414387 on January 27, 2023 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Economic Impact and Feasibility Analysis Consulting Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the City's Planning Department (Planning), and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Economic Impact and Feasibility Analysis Consulting Services Pool for the purposes of providing Economic Impact and Feasibility Analysis Consulting services to the City that shall conform to the Scope of Services; 1 City of Miami, FL RFQ 1414387 City's Request for Qualifications (RFQ No. 1414387), and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, March 16, 2023, in response to RFQ 1414387, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) 2 City of Miami, FL RFQ 1414387 Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated March 16, 2023, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of nine (9) years: Initial term of five (5) years with two (2), two (2) year options to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond 3 City of Miami, FL RFQ 1414387 claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall 4 City of Miami, FL RFQ 1414387 be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 5 City of Miami, FL RFQ 1414387 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 City of Miami, FL RFQ 1414387 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 City of Miami, FL RFQ 1414387 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords(&miamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 City of Miami, FL RFQ 1414387 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 City of Miami, FL RFQ 1414387 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 City of Miami, FL RFQ 1414387 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 City of Miami, FL RFQ 1414387 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 City of Miami, FL RFQ 1414387 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 City of Miami, FL RFQ 1414387 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual 14 City of Miami, FL RFQ 1414387 receipt, whichever is earlier. TO CONSULTANT: Michael Nadol President/Managing Director PFM Group Consulting LLC 1735 Market Street, 42nd Floor Philadelphia, PA 19013 TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10t" Floor Miami, FL 33130-1910 Lakisha Hull Director, Planning Department 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6t" Floor Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any 15 City of Miami, FL RFQ 1414387 subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: 16 City of Miami, FL RFQ 1414387 Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. 17 City of Miami, FL RFQ 1414387 In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written 18 City of Miami, FL RFQ 1414387 consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, 19 City of Miami, FL RFQ 1414387 the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT VERIFICATION: Consultant shall E-Verify the employment status of all employees and subcontractors or subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant of unauthorized aliens a violation of Section 20 City of Miami, FL RFQ 1414387 274A(e) of the Immigration and Nationality Act. If Consultant knowingly employs unauthorized aliens, such violation shall be cause for termination of the Agreement. Furthermore, Consultant agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Agreement. Consultant shall also include a requirement in subcontractor or subconsultant agreements that the subcontractors or subconsultants shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractors or subconsultants during the term of this Agreement. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 City of Miami, FL RFQ 1414387 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: [WO, A K ,.f 01102/2024 11'.10 AM EST "Consultant" PFM Group Consulting LLC a foreign limited liability company authorized to do business in Florida 01/02/2024 11:08 AM EST By: By: Lauren Kaufman Print Name: Michael Nadol Name: Title: Managing Director Municipal Bond Assistant Title: Working in the County of Washtenaw, State of Michigan Online Notary Public. This notarial ad Involved the use of online ataudio�ldeN communication technology. Notarization farili ATTEST: "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 22 City of Miami, FL RFQ 1414387 EXHIBIT A RFQ No. 1414387 23 City of Miami, FL RFQ 1414387 EXHIBIT B SCOPE OF WORK Provide economic impact and feasibility analysis consulting services in the applicable service areas, as provided in the individual Work Orders, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 City of Miami, FL RFQ 1414387 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation 25 City of Miami, FL RFQ 1414387 Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer' s Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $2,000,000 General Aggregate Limit $2,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. V. Umbrella Liability Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto polices. 26 City of Miami, FL RFQ 1414387 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 City of Miami, FL RFQ 1414387 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 pfm CERTIFICATE OF AUTHORITY December 5, 2023 As Secretary of PFM Group Consulting LLC ("PFM"), I affirm that Michael Nadol is a Managing Director of this firm and is authorized to make, enter into, sign, seal and deliver on behalf of PFM each agreement and all other documents and certificates to be delivered by PFM to the City of Miami, FL. PFM Group Consulting LLC ChI D. Maddox Secretary City of Miami, FL RFQ 1414387 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ('Agreement') is entered into this day of 2024 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and The Concourse Group, LLC, a foreign company, qualified to do business in the State of Florida whose principal address is 2553 Housley Rd., Suite 100, Annapolis, MD, 21401, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1414387 on .January 27, 2023 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Economic Impact and Feasibility Analysis Consulting Services', ("Services" as more fully set forth in the scope of work "Scope". attached hereto as Exhibit B) for the City's Planning Department (Planning), and Consultant's proposal ("Proposal", attached hereto,, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, ids been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Economic Impact and Feasibility Analysis Consulting Services Pool for the purposes of providing Economic Impact and Feasibility Analysis Consulting services to the City that shall conform to the Scope of Services; Z City of Miami, FL RFQ 1414387 City's Request for Qualifications (RFQ No. 1414387), and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, March 16, 2023, in response to RFQ 1414387, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) 2 City of Miami, FL RFQ 1414387 Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated March 16, 2023, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of nine (9) years: Initial term of five (5) years with two (2), two (2) year options to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond 3 City of Miami, FL RFQ 1414387 claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultants risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall 4 City of Miami, FL RFQ 1414387 be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 5 City of Miami, FL RFQ 1414387 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. E. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 City of Miami, FL RFQ 1414387 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 City of Miami, FL RFQ 1414387 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords.gmiamigovecom, or regular email at City of Miami Office of the City Attorney, 444 SW 2" " Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 City of Miami, FL RFQ 1414387 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this 9 City of Miami, FL RFQ 1414387 Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 10 City of Miami, FL RFQ 1414387 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than 11 City of Miami, FL RFQ 1414387 that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. S. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. . In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City 12 City of Miami, FL RFQ 1414387 Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at 13 City of Miami, FL RFQ 1414387 its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party 14 City of Miami, FL RFQ 1414387 may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONSULTANT: Laurie Roberts Chief Operating Officer The Concourse Group, LLC 2553 Housley Rd., Suite 100 Annapolis, MD, 21401 TO THE CITY: Arthur Noriega V 444 SW 2"d Avenue, 10t" Floor Miami, FL 33130-1910 Lakisha Hull Director, Planning Department 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2"d Avenue, 61" Floor Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights 15 City of Miami, FL RFQ 1414387 to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 16 City of Miami, FL RFQ 1414387 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military 17 City of Miami, FL RFQ 1414387 authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no Tess than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this 18 City of Miami, FL RFQ 1414387 project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 19 City of Miami, FL RFQ 1414387 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 20 City of Miami, FL RFQ 1414387 31. E-VERIFY EMPLOYMENT VERIFICATION: Consultant shall E-Verify the employment status of all employees and subcontractors or subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Consultant knowingly employs unauthorized aliens, such violation shall be cause for termination of the Agreement. Furthermore, Consultant agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- v rify.uscis,,gov/emp,, to verify the employment eligibility of all employees during the term of this Agreement. Consultant shall also include a requirement in subcontractor or subconsultant agreements that the subcontractors or subconsultants shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractors or subconsultants during the term of this Agreement. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 City of Miami, FL RFQ 1414387 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: Title: IJd Virginia Haft NOTARY PUS Baltimore MARY MY* COMMISSION ATTEST: "Consultant" The Concourse Group, LLC a foreign limited liability company authorized to do business in Florida By: Print N e: Luucila \ A Title: ((a.11 6 C_e 0 "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 22 City of Miami, FL RFQ 1414387 EXHIBIT A RFQ No. 1414387 23 City of Miami, FL RFQ 1414387 EXHIBIT B SCOPE OF WORK Provide economic impact and feasibility analysis consulting services in the applicable service areas, as provided in the individual Work Orders, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 City of Miami, FL RFQ 1414387 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability $1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability 25 City of Miami, FL RFQ 1414387 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $2,000,000 General Aggregate Limit $2,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. V. Umbrella Liability Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto polices. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 26 City of Miami, FL RFQ 1414387 The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 City of Miami, FL RFQ 1414387 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 City of Miami, FL RFQ 1414387 COMPANY RESOLUTION WHEREAS, Ma ,L\_C (Company Name), a '11 n4.1-TrAr.,c) \ LLC (State and type of incorporation, e.g., New York Corporation/LLC), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Agreement with the City, and \,31�ct-acler\c; (1st Name), the OusterC E O (1st Title), and (2nd Name), the k he (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose._ IN WITNESS WHEREOF, this 54 day of JCa. 20 . CL) e G4r41U C ("Full Name of Company") An _jr1r\�Gv US: (State and type of incorporation) By: (Signature of 1st Name above) Name & Title: Uxvt a 1C' wnC)f ( Sprint) By: kk (Signature of 2nd Name above) Name & Title: N ` (print) 29 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager FROM: Annie Perez, CPPO Director, Procurement Recommendation: DATE: November 9, 2023 SUBJECT: Award Recommendation for Multiple Contracts to Establish the Economic Impact and Feasibility Analysis Consultant Pool REFERENCES: Request for Qualifications ("RFQ") 1414387 ENCLOSURES: Qualification Review/Score Sheets, Sec. 62-2.2, Miami, FL Code of Ordinances Based on the findings below, the City of Miami's Department of Procurement ("Procurement") hereby recommends approval for the award of professional services agreements ("PSA")'s to Lambert Advisory LLC, PFM Group Consulting LLC, The Concourse Group, LLC collectively, the ("Consultants"), for inclusion in a pre -qualified pool for the provision of economic impact and feasibility analysis consultant services ("Pool"), pursuant to RFQ No. 1414387, for an initial term of five (5) years, with two (2) two (2) year renewal options. Detailed scopes of work will be developed for each work assignment, which will be awarded on a rotating basis, among Pool consultants. Fiscal Impact: There will be no direct fiscal impact to the City resultant of this RFQ because the cost of each analysis performed by a Pool Consultant shall be paid by the developers who propose large-scale development projects to the City, pursuant to Section 62-2.2 of the Code of the City of Miami, as amended, titled "Independent Feasibility and Economic Impact Studies" (enclosed). Background: On January 27, 2023, Procurement, on behalf of the Planning Department ("Planning"), issued RFQ No. 1414387, under full and open competition, to obtain proposals from experienced and qualified firms for the provision of Economic Impact and Feasiblity Analysis Consulting Services. Proposers were required to meet all the minimum qualifications and other requirements established in the RFQ, in order to be considered for inclusion within the Pool. On March 16, 2023, six (6) proposals were received in response to the Solicitation. Subsequently, the Proposals were reviewed by Procurement for responsiveness, and one (1) was deemed non -responsive because it did not adhere to the requirements of the RFQ. The Evaluation Committee met on September 25, 2023. A discussion and evaluation of the Proposals occurred, and a consensus was reached by the Committee pursuant to the guidelines published in the RFQ. The Committee decided not to hold oral presentations, as the Proposals did not require further PR24009 clarification. The Committee voted to set a threshold of seventy percent (70%), or three hundred fifty (350) of the available maximum of five hundred (500) points, for inclusion within the Pool. Three (3) out of the five (5) responsive Proposals were scored above the threshold set by the Committee. The final scores are listed below in order of ranking: Awardee Composite Score 1 Lambert Advisory, LLC 459 2 PFM Group Consulting LLC 452 3 The Concourse Group, LLC 406 4 Business Trade Services, Inc d/b/a BTS Consulting 201 5 The Research Associates, Inc. 191 Due diligence was conducted, including verifying corporate status. There were no adverse findings related to any of the Proposers' responsibility. Notwithstanding the foregoing, the City does not guarantee the number of work assignments, if any, issued during the contract period, or the number of work assignments in which an individual member of the Pool will participate. The City retains the right to add Consultants to or remove Consultants from the Pool at its sole discretion. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: l uve^"vv Arthur Noriega V City Manager Date: November 14, 2023 1 10:39:37 EST Cc: Pablo J. Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement Lakisha Hull, AICP, LEED AP BD+C, Director, Planning 2 EVALUATION OF PROPOSALS RFQ 1414387 Economic Impact and Feasibility Analysis Consulting Services Pool Elbert Waters, Principal, E. L. Waters and Company, LLC SELECTION PROPOSERS CRITERIA Maximum Points The Concourse Group, LLC Business Trade and Services, Inc., . d/b/a BTS Consulting PFM Group Consulting LLC Lambert Advisory, LLC The Research Associates, Inc. Proposer's relevant experience, qualifications and past performance 25 2-2) -2fJ 25'5 'Z® Relevant experience and qualifications of key personnel and subcontractors performing services 40 -3® 25 35° IG 1 Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 'j 2_6' '0 % 242 TOTAL TECHNICAL POINTS 100 Local Office 5 TOTAL INCLUDING LOCAL OFFICE 105 q-9c-'WZ3 Date EVALUATION OF PROPOSALS RFQ 1414387 Economic Impact and Feasibility Analysis Consulting Services Pool Keith Carswell, Sr. Advisor to the City Manager, Office of the City Manager, City of Miami SELECTION PROPOSERS CRITERIA Maximum The Concourse Group, LLC Business Trade and Servicests, Inc. dIbIa BTS Consulting PFM Group Consulting LLC Lambert Advisory, LLC The Research Associates, Inc. Proposer's relevant experience, qualifications and past performance 25 i ZC Relevant experience and qualifications of key personnel and subcontractors performing services 40 '2- C6 3S- • 3C Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 29 `07" 3 ° 3 0 TOTAL TECHNICAL POINTS 100 1 s 0 ctO Local Office 5 G' -- -E- TOTAL INCLUDING LOCAL OFFICE 105 rl c. - 10 ci 0 -G— i Date EVALUATION OF PROPOSALS RFQ 1414387 Economic Impact and Feasibility Analysis Consulting Services Pool John&Lorfils, Director, Economic Development & Strategic Initiatives, City of North Maximum Points The Concourse Group, LLC Business Trade and Services, Inc., d/b/a BTS Consulting PFM Group Consulting LLC Lambert Advisory, LLC The Research Associates, Inc. aP&UcERKERIA Proposers relevant experience, qualifications and past performance 25 3II a5 oZLi j 0 Relevant experience and qualifications of key personnel and subcontractors performing services 40 35 1 O 3 3 /D Proposers approach to providing the services requested in the solicitation and ability to meet schedules 35 3 j 10 35 .3 q /0 TOTAL TECHNICAL POINTS 100 q ( 31 ci)_ g 30 Local Office 5 TOTAL INCLUDIN94OCAL OFFICE 105 Signature ,209-3 Date EVALUATION OF PROPOSALS RFQ 1414387 Economic Impact and Feasibility Analysis Consulting Services Pool Anna -Bo Emmanuel, Executive Director, North Miami Community Redevelopment Agency SELECTION PROPOSERS CRITERIA J '! Maximum Points The Concurse Group, LLC Business Trade and Services, Inc. PFM Group Consulting LLC Lambert Advisory, LLC The Research Associates, Inc. Proposer's relevant experience, qualifications and past performance 25 �� Z� �2 1s Relevant experience and qualifications of key personnel and subcontractors performing services 40 3 Z 2-5 3S Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 a5 \ 5 --2,2 OP TOTAL TECHNICAL POINTS 100 0 0 0 0 0 Local Office 5 -1 '1 SS q 0 % "1- S TOTAL INCLUDING LOCAL OFFICE 105 0 0 0 0 0 Signature G251?-3 Date EVALUATION OF PROPOSALS RFQ 1414387 Economic Impact and Feasibility Analysis Consulting Services Pool Sevanne Steiner, Assistant Director, Planning Dept, City of Miami SELECTION PROPOSERS CRITERIA Maximum Points The Concourse Group, LLC Business Trade and Services, Inc. d/b/a BTS Consulting PFM Group Consulting LLC Lambert Advisory, LLC Research Associates ' Inc. Proposer's relevant experience, qualifications and past performance 25 Zu /]C. !� Relevant experience and qualifications of key personnel and subcontractors performing services 40 �6 2-0 .....5`tO )] 2c9 Proposer's approach to providing the services requested in the solicitation and ability to meet schedules 35 ZO 1 O '',)0 306 TOTAL TECHNICAL POINTS 100 L5 q Local Office 5 0 0 0 0 TOTAL INCLUDING LOCAL OFFICE 105 sS(Th LAC' Z`P.';c R S ' 5 1\tutkkitki JIAA Signature Date EVALUATION OF PROPOSALS RFQ 1414387 Economic Impact and Feasibility Analysis Consulting Services Pool Composite Scores SELECTION PROPOSERS CRITERIA Maximum The Concourse Group, LLC Business Trade and Services, Inc. d/b/a BTS Consulting PFM Group Consulting LLC Lambert Advisory, LLC The Research Associates, Inc. Proposer's relevant experience, qualifications and past performance 25 109 61 118 121 60 Relevant experience and qualifications of key personnel and subcontractors performing services 40 160 80 177 179 70 Proposers approach to providing the services requested in the solicitation 35 137 60 157 159 61 TOTAL TECHNICAL POINTS 100 406 201 452 459 191 Local Office 5 0 0 0 0 0 TOTAL INCLUDING LOCAL OFFICE 105 406 201 452 459 191 Rank Chairperson PRINT NAME: Charles Johnson 2/3/22, 2:00 PM ATTACHMENT D Miami, FL Code of Ordinances Sec. 62-2.2. - Independent feasibility and economic impact studies. The city requires independent feasibility studies and economic impact studies performeldy qualified independent providers registered and approved pursuant to the City Codend as indicated in this section. For developments that exceed 200,000 square feet of gross floor area and require development order or permit not conferred by -right (including but not limited to waivers,'varrants, exceptions, variances, special area plans, special certificates of appropriateness/approval)he city requires the applicant to provide an independent economic impact analysilhat examines both positive and negative impacts as described herein. Such economidmpact analysis shall be performed by an independent provider determined to be qualifiedby the city, pursuant to this section of the City Code. The analysis, at a minimum, shall analyze direct, indirect, and induced labor income and economic output using recognized platform approved by the city; total value added, including persona4vages and/or jobs, business revenues, and profits, if specified and as requestedfiscal benefits to the city, county, and other local taxing authorities; and service costs of the development to the city. Developments that exceed 200,000 square feelf gross floor area shall comply with this section of the City Code before any developmert rder or permit, as described herein, is issued. The analysis will measure how muchhe new development will absorb newly created demand rather than displace activityfrom existing businesses. If the analysis comes back unsatisfactory, the city's administrationshall work with the applicant on the addressing the issues and, if not resolved, thecity's administration shall refer the matter to the city commission to be heard fa:direction within 60 days of referral, which may result in a denial or modificationf the development permit or order, as described herein. The requirement for an independeneconomic analysis shall be waived for governmental entities and agencies. For developments that exceed 200,000 square feet of gross floor area, are on city-owneplroperty, and require a development order or permit not conferred by -right (includinbut not limited to waivers, warrants, exceptions, variances, special area plans, speciatertificates of appropriateness/approval), the city requires an independent feasibilitystudy to understand the value to the city of developing the site, including both positive and negative impacts as described herein. Such feasibility study shall be performedy an independent provider pursuant to this section of the City Code and in accordancwith applicable laws and regulations. The feasibility study shall include, at a minimuman evaluation of the highest and best use of the property, the expected pricing orrents, absorption pace if developed over the next 36 months, and the cost of operation.ln addition, an independent opinion on construction and development costs must be submitted by the developer. Compliance with this section is required before any developmerder or permit, as described herein, is issued. If the study comes back unsatisfactmthe city's administration shall work with the applicant on the addressing the issuesand, if not resolved, the city's administration shall refer the matter to the citycommission to be heard for direction within 60 days of referral, which may results a denial or modification of the development permit or order, as described hereirihe feasibility study requirement may be waived by a four -fifths vote of the cityommission. 1/2 2/3/22, 2:00 PM ATTACHMENT D Miami, FL Code of Ordinances The city manager shall create a pool of qualified providers to conduct independerffasibility studies and economic impact analyses. The pool of providers shall be establishedhrough a competitive process which shall include pricing, when appropriate, pursuanto the city's procurement procedures as established by chapter 18, article III, section 18-86 and subsequent approval by the city commission. The city manager will assign such independent feasibility studies and economic impact studies to members of the poc¢lf providers on a rotating basis. All expenses incurred in the undertaking and conducting of the independent feasibilitsitudies and economic impact studies shall be borne solely by the applicant of thproposed development. Prior to commencing a study, the applicant shall pay to thffity an amount equal to 100 percent of the estimated expenses for the services ofthe provider set to perform the independent study. The applicant shall satisfy any amount over and above the provider's estimated expenses prior to the issuance of thfanal report and the issuance of any development permit or order. No development permimr order shall be issued on the development or any other property requested by thapplicant until full payment is received and has cleared. (Ord. No. 13928, § 2, 10-8-20) 2/2 Titu of 41Thtmi ANNIE PEREZ, CPPO ARTHUR NORIEGA V Chief Procurement Officer City Manager November 14, 2023 All Responding Proposers (See Distribution List) SUBJECT: RFQ 1414387, Economic Impact and Feasibility Analysis Consultant Pool Dear Proposers: The Evaluation of the proposals tendered in response to the above cited solicitation has been completed. The City Manager has recommended award as shown within the enclosed document. This notice is provided in accordance with Section 1.20 of the solicitation, and Sections 18-74 of the City of Miami Code. Our provision of this notice also serves to confirm the lifting of the Cone of Silence from this procurement action as dictated by Section 18-74 (d) (2) of the City of Miami Code. We appreciate the participation of all proposers which responded to the subject action. If you have any questions, please contact me at 305-416-1924 or cjohnson@miamigov.com. Sincerely, 53'Af Charles Johnson, III, NIGP-CPP Senior Procurement Contracting Manager Distribution List: Lambert Advisory, LLC PFM Group Consulting LLC The Concourse Group, LLC Business Trade Services, Inc. d/b/a BTS Consulting The Research Associates, Inc. Munilytics, Inc. Enclosure: City Manager's Award Recommendation Memo c: City Clerk Lakisha Hull, AICP, LEED AP BD+C, Director, Planning Pablo Velez, Senior Assistant City Attorney Annie Perez, CPPO, Director/Chief Procurement Officer Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Commissioners DATE: November 9, 2023 of the City of Miami FROM: Arthur Noriega V City Manager SUBJECT: Report of Evaluation Committee for Request for Proposals ("RFQ") No. 1414387, Economic Impact and Feasibility Analysis Consultant Pool ENCLOSURES: Evaluation Committee Report Honorable Mayor and Members of the City Commission: Pursuant to Section 18-542, Financial Integrity Principle No. 12.a.(ii) of the Code of the City of Miami, as amended, which states, "the recommendation(s) of the evaluation committee shall be provided to the Mayor and City Commission on all such solicitations prior to presentation to the City Commission for official action," attached please find for your review, a memo from the City Manager regarding the ranking order of proposing firms, for RFQ No. 1414387, Economic Impact and Feasibility Analysis Consultant Pool, on behalf of the Planning Department. AP: cj c. Pablo J. Velez, Senior Assistant City Attorney Lakisha Hull, AICP, LEED AP BD+C, Director, Planning Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement 12/20/23, 10:55 AM Detail by Entity Name DIVISION OF CORPORATIONS jr, '-- I /yarmuf ail official L'ial'' of Flotiaa sveirlike Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company THE CONCOURSE GROUP, LLC Filing Information Document Number M16000009148 FEI/EIN Number 52-2332471 Date Filed 11/10/2016 State VA Status ACTIVE Last Event REINSTATEMENT Event Date Filed 08/30/2022 Principal Address 604 CAMERON ST. ALEXANDRIA, VA 22314 Mailing Address 604 CAMERON ST. ALEXANDRIA, VA 22314 Registered Agent Name & Address REGISTERED AGENTS INC. 7901 4TH STREET NORTH SUITE 300 ST.PETERSBURG, FL 33702 Name Changed: 08/30/2022 Address Changed: 03/25/2019 Authorized Person(s) Detail Name & Address Title GENERAL COUNSEL VP OF LEGAL AFFAIRS DAMIANI, DAVID 604 CAMERON ST. ALEXANDRIA, VA 22314 Annual Reports Report Year Filed Date https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=CONCOU.. 1/2 12/20/23, 10:55 AM 2021 08/30/2022 2022 08/30/2022 2023 01/10/2023 Document Images 01 /10/2023 -- ANNUAL REPORT 08/30/2022 -- REINSTATEMENT 05/05/2020 --ANNUAL REPORT 04/30/2019 --ANNUAL REPORT 01 /16/2018 --ANNUAL REPORT 01/09/2017 --ANNUAL REPORT 11/10/2016 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=CONCOU... 2/2 12/20/23, 10:57 AM Detail by Entity Name DIVISION OF CORPORATIONS 'If %Ifll/�org 1:).! YE10.11 D RL Arf`f�``'� an official L'au'' of Floridasveirliie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company LAMBERT ADVISORY LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 100 Biscayne Blvd Suite 2510 MIAMI, FL 33132 Changed: 03/24/2018 Mailing Address 100 Biscayne Blvd Suite 2510 MIAMI, FL 33132 L99000006187 65-0952060 09/29/1999 FL ACTIVE LC NAME CHANGE 01/31/2022 NONE Changed: 03/24/2018 Registered Agent Name & Address LAMBERT, PAUL 100 Biscayne Blvd Suite 2510 MIAMI, FL 33132 Name Changed: 04/19/2007 Address Changed: 03/24/2018 Authorized Person(s) Detail Name & Address Title MGR https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=CAMBER... 1 /3 12/20/23, 10:57 AM Detail by Entity Name LAMBERT, PAUL 100 Biscayne Blvd Suite 2510 MIAMI, FL 33132 Title MGR LIFF, ERIC 100 Biscayne Blvd Suite 2510 MIAMI, FL 33132 Annual Reports Report Year Filed Date 2021 04/09/2021 2022 04/22/2022 2023 04/14/2023 Document Images 04/14/2023 --ANNUAL REPORT 04/22/2022 --ANNUAL REPORT 01/31/2022 -- LC Name Change 04/09/2021 --ANNUAL REPORT 04/23/2020 --ANNUAL REPORT 03/25/2019 --ANNUAL REPORT 03/24/2018 --ANNUAL REPORT 03/16/2017 --ANNUAL REPORT 03/08/2016 --ANNUAL REPORT 04/20/2015 --ANNUAL REPORT 04/28/2014 --ANNUAL REPORT 03/12/2013 --ANNUAL REPORT 03/23/2012 --ANNUAL REPORT 04/15/2011 --ANNUAL REPORT 04/06/2010 --ANNUAL REPORT 04/03/2009 --ANNUAL REPORT 04/02/2008 --ANNUAL REPORT 04/19/2007 --ANNUAL REPORT 04/25/2006 --ANNUAL REPORT 02/10/2005 --ANNUAL REPORT 02/20/2004 --ANNUAL REPORT 03/17/2003 --ANNUAL REPORT 05/08/2002 --ANNUAL REPORT 04/13/2001 --ANNUAL REPORT 04/12/2000 --ANNUAL REPORT 09/29/1999 -- Florida Limited Liabilites View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=LAM BER... 2/3 12/20/23, 10:57 AM Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=LAM BER... 3/3 12/20/23, 10:57 AM Detail by Entity Name DIVISION OF CORPORATIONS 'If %Ifll/�org 1:).! VE101 j D RL Arf`f�``'� an official L'au'' of Floridasveirliie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company PFM GROUP CONSULTING LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 1735 Market Street 42nd Floor Philadelphia, PA 19103 Changed: 04/27/2022 Mailing Address 1735 Market Street 42nd Floor Philadelphia, PA 19103 M16000005388 81-1642478 07/06/2016 DE ACTIVE Changed: 04/27/2022 Registered Agent Name & Address REGISTERED AGENT SOLUTIONS, INC. 2894 REMINGTON GREEN LANE SUITE A TALLAHASSEE, FL 32308 Address Changed: 04/27/2023 Authorized Person(s) Detail Name & Address Title Manager, President Nadol, Michael 1735 Market Street 42nd Floor Philadelphia, PA 19103 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=PFMGRO.. 1 /3 12/20/23, 10:57 AM Title Manager Detail by Entity Name Pugh, Bethany 1735 Market Street 42nd Floor Philadelphia, PA 19103 Title Manager Matte, June 1735 Market Street 42nd Floor Philadelphia, PA 19103 Title Manager, CEO Hartman, Daniel 1735 Market Street 42nd Floor Philadelphia, PA 19103 Title Assistant Secretary Eichenthal, David 1735 Market Street 42nd Floor Philadelphia, PA 19103 Title Secretary Maddox, Cheryl 1735 Market Street 42nd Floor Philadelphia, PA 19103 Annual Reports Report Year Filed Date 2021 04/30/2021 2022 04/27/2022 2023 04/27/2023 Document Images 04/27/2023 --ANNUAL REPORT 04/27/2022 --ANNUAL REPORT 04/30/2021 --ANNUAL REPORT 04/14/2020 --ANNUAL REPORT 09/03/2019 --AMENDED ANNUAL REPORT 01 /24/2019 --ANNUAL REPORT 01 /12/2018 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=PFMGRO.. 2/3 12/20/23, 10:57 AM Detail by Entity Name 01/09/2017 --ANNUAL REPORT View image in PDF format 07/06/2016 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=PFMGRO... 3/3 City of Miami, FL RFQ 1414387 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ('Agreement') is entered into this day of 2024 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and The Concourse Group, LLC, a foreign company, qualified to do business in the State of Florida whose principal address is 2553 Housley Rd., Suite 100, Annapolis, MD, 21401, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1414387 on .January 27, 2023 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Economic Impact and Feasibility Analysis Consulting Services', ("Services" as more fully set forth in the scope of work "Scope". attached hereto as Exhibit B) for the City's Planning Department (Planning), and Consultant's proposal ("Proposal", attached hereto,, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, ids been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Economic Impact and Feasibility Analysis Consulting Services Pool for the purposes of providing Economic Impact and Feasibility Analysis Consulting services to the City that shall conform to the Scope of Services; Z City of Miami, FL RFQ 1414387 City's Request for Qualifications (RFQ No. 1414387), and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, March 16, 2023, in response to RFQ 1414387, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) 2 City of Miami, FL RFQ 1414387 Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated March 16, 2023, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of nine (9) years: Initial term of five (5) years with two (2), two (2) year options to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond 3 City of Miami, FL RFQ 1414387 claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultants risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall 4 City of Miami, FL RFQ 1414387 be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 5 City of Miami, FL RFQ 1414387 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. E. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 City of Miami, FL RFQ 1414387 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 City of Miami, FL RFQ 1414387 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords.gmiamigovecom, or regular email at City of Miami Office of the City Attorney, 444 SW 2" " Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 City of Miami, FL RFQ 1414387 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this 9 City of Miami, FL RFQ 1414387 Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 10 City of Miami, FL RFQ 1414387 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than 11 City of Miami, FL RFQ 1414387 that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. S. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. . In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City 12 City of Miami, FL RFQ 1414387 Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at 13 City of Miami, FL RFQ 1414387 its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party 14 City of Miami, FL RFQ 1414387 may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONSULTANT: Laurie Roberts Chief Operating Officer The Concourse Group, LLC 2553 Housley Rd., Suite 100 Annapolis, MD, 21401 TO THE CITY: Arthur Noriega V 444 SW 2"d Avenue, 10t" Floor Miami, FL 33130-1910 Lakisha Hull Director, Planning Department 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2"d Avenue, 61" Floor Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights 15 City of Miami, FL RFQ 1414387 to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 16 City of Miami, FL RFQ 1414387 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military 17 City of Miami, FL RFQ 1414387 authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no Tess than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this 18 City of Miami, FL RFQ 1414387 project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 19 City of Miami, FL RFQ 1414387 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 20 City of Miami, FL RFQ 1414387 31. E-VERIFY EMPLOYMENT VERIFICATION: Consultant shall E-Verify the employment status of all employees and subcontractors or subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Consultant knowingly employs unauthorized aliens, such violation shall be cause for termination of the Agreement. Furthermore, Consultant agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- v rify.uscis,,gov/emp,, to verify the employment eligibility of all employees during the term of this Agreement. Consultant shall also include a requirement in subcontractor or subconsultant agreements that the subcontractors or subconsultants shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractors or subconsultants during the term of this Agreement. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 City of Miami, FL RFQ 1414387 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: Title: IJd Virginia Haft NOTARY PUS Baltimore MARY MY* COMMISSION ATTEST: "Consultant" The Concourse Group, LLC a foreign limited liability company authorized to do business in Florida By: Print N e: Luucila \ A Title: ((a.11 6 C_e 0 "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 22 City of Miami, FL RFQ 1414387 EXHIBIT A RFQ No. 1414387 23 City of Miami, FL RFQ 1414387 EXHIBIT B SCOPE OF WORK Provide economic impact and feasibility analysis consulting services in the applicable service areas, as provided in the individual Work Orders, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 City of Miami, FL RFQ 1414387 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability $1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability 25 City of Miami, FL RFQ 1414387 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $2,000,000 General Aggregate Limit $2,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. V. Umbrella Liability Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto polices. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 26 City of Miami, FL RFQ 1414387 The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 City of Miami, FL RFQ 1414387 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 City of Miami, FL RFQ 1414387 COMPANY RESOLUTION WHEREAS, Ma ,L\_C (Company Name), a '11 n4.1-TrAr.,c) \ LLC (State and type of incorporation, e.g., New York Corporation/LLC), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Agreement with the City, and \,31�ct-acler\c; (1st Name), the OusterC E O (1st Title), and (2nd Name), the k he (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose._ IN WITNESS WHEREOF, this 54 day of JCa. 20 . CL) e G4r41U C ("Full Name of Company") An _jr1r\�Gv US: (State and type of incorporation) By: (Signature of 1st Name above) Name & Title: Uxvt a 1C' wnC)f ( Sprint) By: kk (Signature of 2nd Name above) Name & Title: N ` (print) 29 City of Miami, FL RFQ 1414387 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2023 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), Lambert Advisory, LLC,. a Florida Limited Liability Company whose principal address is 100 Biscayne Blvd., Suite 2510, Miami, FL 33132, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1414387 on January 27, 2023 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Economic Impact and Feasibility Analysis Consulting Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the City's Planning Department (Planning), and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Economic Impact and Feasibility Analysis Consulting Services Pool for the purposes of providing Economic Impact and Feasibility Analysis Consulting services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1414387), and all associated addenda and 1 City of Miami, FL RFQ 1414387 attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, March 16, 2023, in response to RFQ 1414387, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated March 16, 2023, 2 City of Miami, FL RFQ 1414387 acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of nine (9) years: Initial term of five (5) years with two (2), two (2) year options to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) 3 City of Miami, FL RFQ 1414387 all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a 4 City of Miami, FL RFQ 1414387 proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 5 City of Miami, FL RFQ 1414387 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 City of Miami, FL RFQ 1414387 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 City of Miami, FL RFQ 1414387 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords(&miamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 City of Miami, FL RFQ 1414387 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 City of Miami, FL RFQ 1414387 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 City of Miami, FL RFQ 1414387 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 City of Miami, FL RFQ 1414387 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 City of Miami, FL RFQ 1414387 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 City of Miami, FL RFQ 1414387 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 14 City of Miami, FL RFQ 1414387 TO CONSULTANT: Eric Liff Principal Lambert Advisory, LLC 100 Biscayne Blvd., Suite 2510 Miami, FL 33132 TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Lakisha Hull Director, Planning Department 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective 15 City of Miami, FL RFQ 1414387 unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an 16 City of Miami, FL RFQ 1414387 independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or 17 City of Miami, FL RFQ 1414387 required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the 18 City of Miami, FL official logo of the City. 26. NO CONFLICT OF INTEREST: RFQ 1414387 Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this 19 City of Miami, FL RFQ 1414387 Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT VERIFICATION: Consultant shall E-Verify the employment status of all employees and subcontractors or subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Consultant knowingly employs unauthorized 20 City of Miami, FL RFQ 1414387 aliens, such violation shall be cause for termination of the Agreement. Furthermore, Consultant agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp to verify the employment eligibility of all employees during the term of this Agreement. Consultant shall also include a requirement in subcontractor or subconsultant agreements that the subcontractors or subconsultants shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractors or subconsultants during the term of this Agreement. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 City of Miami, FL RFQ 1414387 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. MELINDA CHMIELARZ ▪ Notary Public - State of Florida • Commission # NH 326904 .••• My Comm. Expires Feb 21, 2027 Bonded through National Notary Assn. ATTEST: Title: ATTEST: "Consultant" Lambert Advisory, LLC a foreign limited liability company authorized to do business in Florida By: -- Pr1nt Name: _Eric Liff Title: Principal "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 22 City of Miami, FL RFQ 1414387 EXHIBIT A RFQ No. 1414387 23 City of Miami, FL RFQ 1414387 EXHIBIT B SCOPE OF WORK Provide economic impact and feasibility analysis consulting services in the applicable service areas, as provided in the individual Work Orders, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 City of Miami, FL RFQ 1414387 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation 25 City of Miami, FL RFQ 1414387 Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer' s Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $2,000,000 General Aggregate Limit $2,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. V. Umbrella Liability Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto polices. 26 City of Miami, FL RFQ 1414387 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 City of Miami, FL RFQ 1414387 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 City of Miami, FL RFQ 1414387 COMPANY RESOLUTION WHEREAS, Lambert Advisory, LLC (Company Name), a _Florida Limited Liability Company_(State and type of incorporation, e.g., New York Corporation/LLC), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Agreement with the City, and _Paul Lambert (1st Name), the _MG Principal (1st Title), and _Eric Liff (2nd Name), the _Principal (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 30th day of November 20 23 Lambert Advisory, LLC ("Full Name of Company") An _Florida Limited Liability Company (State and type of incorporation) By:A, , (Signature of 1lt Name above) Name & Title: _Paul Lambert, MG Principal (print) 13y;-----/ ‘ (Signature of 2nd Name above) Name & Title: Eric Liff, Principal (print) 29 City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool Response to RFQ # 1414387 March 7, 2023 Contact/Liasion: Michael Nadol nadolm@pfm.com 215.557.1433 (direct) Corporate Federal ID# (FEIN): 81-1642478 Primary Office: 1735 Market Street, 42nd Floor Philadelphia, PA 19103 215.567.6100; 215.567.4180 (fax) Local Business Address: 2222 Ponce De Leon, 3rd Floor Coral Gables, FL 33134 786.671.7480 Table of Contents I. Executive Summary 2 II. Relevant Experience, Qualifications and Past Performance 4 III. Relevant Experience and Qualifications of Key Personnel 10 IV. Proposed Approach to Providing the Services 19 V. Appendices 24 ABOUT PFM PFM is the marketing name for a group of affiliated companies providing a range of services. All services are provided through separate agreements with each company. Financial advisory services are provided by PFM Financial Advisors LLC and Public Financial Management, Inc. Both are registered municipal advisors with the SEC and the Municipal Securities Rulemaking Board ("MSRB") under the Dodd -Frank Act of 2010. Swap advisory services are provided by PFM Swap Advisors LLC which is registered as a municipal advisor with both the MSRB and SEC under the Dodd -Frank Act of 2010, and as a commodity trading advisor with the Commodity Futures Trading Commission. Additional applicable regulatory information is available upon request. Consulting services are provided through PFM Group Consulting LLC. PFM's financial modeling platform for strategic forecasting is provided through PFM Solutions LLC. For more information regarding PFM's services or entities, please visit www.ofm.com. Executive Summary The PFM Group was founded in 1975 with the mission of providing independent financial advice to state and local governments, and governmental agencies and authorities. Today, PFM is comprised of four affiliates with approximately 350 employees nationwide, and we are enthusiastic about this opportunity to bring our commitment and our experience to the City of Miami ("City"). Primary services for this engagement will be provided by PFM Group Consulting LLC, the PFM Group consulting services affiliate. Our team of nearly 50 professionals delivers in-depth analysis and creative, actionable insight to inform decision -makers in the public and non-profit sectors. Areas of expertise and experience include: economic development and real estate analytics and strategy; operational efficiency studies and organization reviews; multi -year financial planning and fiscal recovery projects; and workforce policies and management. Where beneficial, certain support for this engagement may also be provided by PFM Financial Advisors LLC, our municipal advisory affiliate which already serves the City of Miami as financial advisor for debt issuance and capital financing. Our proposed team for the City will bring this engagement extensive experience with real estate feasibility analysis, economic impact analysis, and fiscal impact analysis, supported by in-house GIS capability. Three of our key personnel for the team, Lead Managing Consultant Stan Geberer, Senior Project Manager Kevin Plenzler, and GIS Specialist Jackie Berry are based in Orlando, and will contribute decades of insight and experience regarding Florida development and economic factors. These Orlando - based professionals joined PFM Group Consulting LLC when the PFM Group acquired Fishkind & Associates, Inc., which provided services including economic and feasibility analyses with a focus on Florida markets, for more than three decades prior to becoming a part of PFM. Since 2019, the former Fishkind & Associates, Inc. team has now been integrated into the broader firm — joining experts such as Garrett Hincken, another Senior Project Manager proposed for this engagement, and highly trained analysts, many with masters degrees in related fields -- to provide these services. As further detailed in the proposal that follows, highlights of the PFM team qualifications and experience include: • Comprehensive Technical Qualifications: PFM not only has strong experience with conducting economic impact analyses — including extensive use of a broad range of data inputs, as well as broadly recognized tools such as the IMPLAN modeling system — but can combine those capabilities with well -established methodologies for real estate market analytics, including absorption projection, highest and best use analysis, and pro forma evaluation. In addition, for determining service cost impacts, PFM offers a professionally reviewed, fiscal impact model accepted as a safe -harbor method of evaluation by the State of Florida. • Deep Experience with Florida Development Analysis: The PFM team has conducted scores of economic impact and market feasibility analyses for major projects across Florida, where several of our senior project team members are based. Over the years, we have evaluated the Orange County Convention Center in Orlando, the Swimming Hall of Fame Redevelopment in Fort Lauderdale, and many more large-scale projects and/or investments, many well above the 200,000 square foot threshold referenced in the City of Miami's new Ordinance. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 2 • Independent National Insights and Perspectives: As a national firm, PFM is also active and continuously learning from experiences, market dynamics, and emerging practices across the United States. Recent and ongoing assignments outside of Florida range from evaluation of a proposed NBCUniversal studio campus in DeKalb County, Georgia, a proposed stadium development in California's Central Valley, and a set of statewide tax incentives on behalf of New York State. • Organizational Depth and Resources: Our economics consulting practice can bring the City of Miami depth, with multiple experienced project managers well -versed in the range of analyses outlined in the City's RFQ. And we also bring a breadth of perspectives, as our economic impact and real estate feasibility experts regularly interact and collaborate with colleagues who specialize in adjacent disciplines, such as tax policy, affordable housing, and local government budgeting and finance. Drawing on these capabilities and resources, the PFM team is exceptionally well -positioned to provide the services outlined in the City's RFQ. We are ready to hit the ground running to deploy professionally recognized methodologies to quantify both positive and negative impacts of proposed, major developments — inclusive of direct, indirect, and induced labor income and economic output, total value added, and, if requested, fiscal impacts (both tax revenue and service demand) for the City, Miami -Dade County, and other local taxing authorities — all framed by analysis of newly created demand versus displacement from existing businesses. In addition, we stand ready to use similarly well -established, professionally recognized methodologies to conduct feasibility studies that evaluate highest and best use, expected pricing or rents, absorption pace, and cost of operation. Overall, the PFM team brings a deep and detailed understanding of the mechanisms of conducting such analyses, and our commitment to the purpose and use of the results for the benefit of local governments. We are highly qualified to provide expert services for the RFQ Scope of Work and highly enthusiastic about this opportunity to support the City of Miami in making well-informed development decisions consistent with the objectives of the City Commission and Section 62-2.2 of the City Code. Sincerely, Michael Nadol President, Managing Director PFM Group Consulting LLC Federal ID# (FEIN): 81-1642478 215.567.6100 / 215.557.1433 (direct) March 6, 2023 City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 3 II. Relevant Experience, Qualifications and Past Performance a) Organizational History and Background The PFM Group was founded in 1975 as Public Financial Management, Inc. with the mission of providing independent financial advice to state and local governments, and governmental agencies and authorities. PFM and its affiliates today (described below) are owned by its 54 Managing Directors, who set the firm's strategic direction. The PFM Group is comprised of four affiliates that are indirect, wholly owned subsidiaries of a holding company known as PFM II, LLC. PFM Group Consulting LLC delivers in-depth analysis and creative, actionable ideas to help make the public and non-profit sectors more effective, efficient, and equitable. Areas of expertise and experience include: economic development analytics and strategy; operational efficiency studies and organization reviews; multi -year financial planning and fiscal recovery projects; and workforce management and policies. PFM Financial Advisors LLC advises on debt management and portfolio optimization, transaction structuring and execution, capital and financial planning, credit analysis, and policy development, among other services. PFM Financial Advisors LLC is a registered municipal advisor with the Securities and Exchange Commission ("SEC") and the Municipal Securities Rulemaking Board ("MSRB"). Our SEC Number is 867-02030 and our MSRB ID is K1162. PFM Financial Advisors LLC currently serves as financial advisor to the City of Miami. PFM Swap Advisors LLC includes professionals dedicated to advising clients on obtaining interest rate swaps, caps, and collars to help manage exposure to interest rate risk. PFM Solutions LLC is our affiliate through which innovative services are developed, such as Synario, a flexible financial modeling platform designed to produce dynamic, multi -year financial projections. Employees of our affiliates are co -located in PFM's offices across the country, including Orlando and the Miami area (Coral Gables). Overall, we focus on serving public sector and nonprofit clients nationwide, with an extensive client base across Florida. This engagement will be led by PFM Group Consulting LLC, Federal ID# (FEIN): 81-1642478, with proposed project team members based in our Orlando office and our Philadelphia headquarters. PFM Group Consulting LLC was organized in 2016 and has now been in business for approximately seven (7) years using the same FEIN providing economic and financial consulting services. Certain key personnel for this engagement joined PFM Group Consulting LLC when assets representing the general consulting business of Fishkind & Associates, Inc., their former employer, were purchased by the PFM Group in 2019. Fishkind & Associates, a Florida corporation founded in 1987, provided services including economic and feasibility analyses for more than three decades prior to joining PFM. In the four (4) years since the 2019 acquisition, the former Fishkind & Associates, Inc. staff have collaborated with other members of the firm to provide these same services as part of PFM Group Consulting LLC. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 4 PFM Group Consulting LLC has advanced financial and economic sustainability for our public sector clients through services including financial planning, economic and feasibility analysis, and operational and organizational reviews for more than half the states and many of the nation's largest local governments. As one indicator of our impact, the Ash Center for Democratic Governance and Innovation at Harvard University's John F. Kennedy School of Government launched the Operational Excellence Project in 2017, which analyzed thousands of recommendations from over 200 government and consultant efficiency reports. From these, 30 studies were judged best -in -class from across the nation; PFM served as primary consultant in support of three of those studies — more than any other consulting firm. b). Corporate Leadership The following table lists all principals, partners, officers, and owners of PFM Group Consulting LLC: Board of Managers Corporate Officers Managing Directors Daniel Hartman, June Matte, Michael Nadol, Bethany Pugh Daniel Hartman, Chief Executive Officer Michael Nadol, President Cheryl Maddox, Secretary David Eichenthal, Assistant Secretary David Eichenthal, Dean Kaplan, Gordon Mann, Michael Nadol, Sarah Schirmer Ownership PFM II, LLC. See Appendix for list of individual PFM II shareholders. c). Past City of Miami Contracts From 2010 through 2013, Public Financial Management, Inc., predecessor to the current PFM Group firms, held an agreement with the City of Miami for budget and financial analysis. PFM Financial Advisors LLC, an affiliated company of PFM Group Consulting LLC, currently has an agreement in effect with the City to provide financial advisory services related to debt issuance and related capital financing. This agreement is effective as of May 24, 2022 through January 31, 2027. d). Comparable Contracts (Selected) Below are five (5) PFM Group Consulting LLC contracts similar in scope to the services requested by the City of Miami. Client: City of Port St. Lucie, FL Description: Real Estate Market Analysis for the City Center Master Plan PFM is currently engaged to conduct a highest and best use study for an approximately 42-acre grouping of parcels known as City Center to support development of the master plan for the site. Led by Kevin Plenzler with support from Stan Geberer and Trae Jordan, the study has evaluated multi -family residential, retail, office and hotel development at the site. In addition, the City has engaged PFM to provide an economic impact analysis of the District's development to St. Lucie County and a fiscal impact analysis of the District's development to the City of Port St. Lucie. This economic development planning engagement built on a 2020 PFM project pro forma analysis. At that stage, the assemblage of parcels was encumbered with existing bond debt associated with the installation of infrastructure in the amount of City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 5 $18,865,000. The pro forma used construction cost estimates as provided by the City or developed by PFM using local cost averages; taking into account debt service and taxes owed for existing infrastructure improvements, and outstanding assessments by parcel (e.g., principal and interest, remaining term). Total Contract Value: $97,425 Project Dates: 4/14/2022-ongoing Client Contact: Jennifer Davis, 772-344-4342 PFM Role: Prime PFM Responsibilities: PFM has conducted a highest and best use study, economic impact analysis, and a fiscal impact analysis. Project Results: PFM provided its study. Development planning remains ongoing. Completion Time Met: Yes, and Ongoing Engagement. Client: City of Fort Lauderdale, FL Description: Pro forma and Market Analysis for International Swimming Hall of Fame Redevelopment PFM conducted financial analysis to evaluate a Public -Private Partnership (P3) proposal in the City of Fort Lauderdale for the redevelopment of the International Swimming Hall of Fame Museum Buildings. Led by Kevin Plenzler, this work was completed in November of 2020. P3 evaluation tasks included: (1) audit of the financial calculations contained in the business model; (2) examination of the proposed P3 structure; (3) review of the key assumptions contained in the Proposal; (4) evaluation of the costs and benefits of the Proposal; and (5) conclusions and recommendations concerning the Proposal. Based on the PFM report and P-3 proposal the City has voted to proceed with the museum building redevelopment and P-3 program Total Contract Value: $10,000 Project Dates: 8/29/2022 — 12/31/2022 Client Contact: Susan Grant CPA, Director of Finance, 954-828-5145 PFM Role: Prime PFM Responsibilities: PFM conducted the financial analysis to evaluate a Public -Private Partnership proposal. Project Results: PFM's work product is currently being used by the City which is in negotiations with the third -party development partner. Completion Time Met: Yes. Client: Orange County Convention Center (OCCC) Description: Fiscal and Economic Impact Analysis of OCCC PFM Group Consulting is currently engaged to conduct a study of the Economic and Fiscal Impacts of the Orange County Convention Center. Stan Geberer leads the PFM team, with support from Garrett Hincken and Jackie Berry. Stan Geberer and Jackie Berry also developed prior versions of this analysis City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 6 in 2002, 2007, 2012, and 2018 as part of Fishkind & Associates Inc. (which became part of PFM in 2019). These studies address economic and fiscal impacts of the Center budget; Event Sponsor spending; and spending of out-of-town attendees and their guests. Economic and Fiscal Impacts are also calculated for annual capital maintenance programs outside of operational budgets. In addition, economic and fiscal impacts of the Convention Center Campus Expansion Plan construction activity and future expanded operations are calculated. Analysis provides economic impacts of jobs, wages and multiplier effect of all Convention Center activity. Fiscal impacts include analysis of cost and revenues associated with ad - valorem taxes, and tax base analysis of convention -oriented properties. Tourist Development Taxes collected are also estimated. Total Contract Value: $50,000 Project Dates: 2002, 2007, 2012, 2018, 2023 (ongoing) Client Contact: Ray Walls, Deputy Director, 407-685-5684 PFM Role: Prime PFM Responsibilities: PFM prepared the fiscal and economic impact analysis. Project Results: These Fiscal and Economic Impact Reports are used throughout the five-year interval to support national competitive positioning and public/stakeholder awareness and education. Completion Time Met: Yes; preparation of the 2023 report currently underway. Client: Assembly Community Improvement District; City of Doraville; DeKalb County, GA Description: Doraville, GA and DeKalb County Economic Impact & Fiscal Impact Analysis In 2022, the Assembly CID ("Assembly CID" and / or "District") was developing a mixed -used site in Doraville, GA, anchored by NBCUniversal Studios. As part of the process, the Assembly CID engaged PFM to provide a detailed analysis of forecasted revenues to support financing, an economic impact analysis for DeKalb County and a fiscal impact analysis for the City of Doraville. Key project team members included Kevin Plenzler, Stan Geberer, and Trae Jordan. The film/tv production and studio campus portion of the District's project is currently under construction and is targeted for delivery to NBCUniversal Studios in September 2023. This Phase 1 element of the project includes an estimated 989,887 square feet of combined studio, warehouse, office and other production facilities. The balance of the project is currently planned to include: 1) approx. 269,645 square feet of retail, 2) approx. 818,500 square feet of Class A office, 3) two hotels (220-room full service and 140-room limited service), 4) 15.7 acres of land that is expected to be sold to residential developers and 5) 9.8 acres of land are planned as an events center (including an e-gaming facility). If the events center is built, the 140-room limited -service hotel will not be built and that property will be repurposed. The balance of the mixed -use project elements of retail, office, hotel, residential (for -sale and for -rent) will be brought to market between 2024 and 2030. Total Contract Value: $74,500 Project Dates: 5/24/2021-12/31/2022 Client Contact: Nicole Hall, 678-535-3990 PFM Role: Prime City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 7 PFM Responsibilities: As part of the development process, the Assembly CID engaged PFM to provide a detailed analysis of forecasted revenues to support the Series 2022 Bond issuance and to provide an economic impact analysis of the District's development. Project Results: The Assembly CID issued its Series 2022 Bonds in December 2022. Completion Time Met: Yes. Client: City of Riviera Beach, FL Description: Riviera Beach Marina Village Study The Riviera Beach Community Redevelopment Agency (CRA) entered into a partnership with two developers to update the Riviera Beach Marina Village Master Plan, which included nine (9) elements of development. The City of Riviera Beach engaged PFM Group Consulting LLC to provide an economic and fiscal impact analysis for Element 7 (399-unit market rate apartment complex) and Element 8 (135- unit affordable, low-income housing credit apartment complex), In addition, the Client requested a brief market analysis of residential rental product within the market to compare to assumptions within the Element 7 pro forma as provided by the Developer. Led by Kevin Plenzler, PFM's final work product included a market feasibility study for the market rate apartment project as well as a general stress test of the developer -provided pro forma. In addition, PFM provided detailed economic impact analysis to the County associated with each proposed apartment project as well as a fiscal impact analysis for the City. Total Contract Value: $22,500 Project Dates: 9/20/2022 — 12/31/2022 Client Contact: Randy Sherman, City of Riviera Beach, Director of Finance and Administrative Services, 561-845-4045. PFM Role: Prime PFM Responsibilities: PFM was engaged to provide an economic and fiscal impact analysis for two major elements of a master plan, along with a market analysis. Project Results: Development planning is ongoing. Completion Time Met: Yes. e). Litigation PFM Group Consulting LLC is not involved in any litigation or regulatory actions. To the best of our information, knowledge and belief, there have not been any bankruptcies involving PFM Group Consulting LLC, its partners, manager(s), or other key staff members. f). References (Client Letterhead) See Appendix. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 8 g) Qualifications and Experience; h). Expertise and Unique Methodologies The preceding elements of this "Relevant Experience, Qualifications and Past Performance" section, as well as the "Relevant Experience and Qualifications of Key Personnel" section that follows, collectively detail the PFM team qualifications and experience that can benefit the City under this contract, as well as the expertise we bring to this engagement. This includes: decades of individual and team experience conducting comparable economic impact and feasibility studies, both across Florida and nationally; multiple well -trained professionals with significant education and experience in the field; and ready access to a wide range of datasets and tools, including but not limited to the IMPLAN modeling system, ESRI ArcGIS software, and specialized datasets such as provided by Moody's Analytics for economic forecasts, and CoStar and CoreLogic for real estate market information. With regard to unique approaches, PFM has developed a customized tool for fiscal impact analysis that can readily be adapted to meet the RFQ objectives to evaluate "fiscal benefits to the City, Miami -Dade County and other local taxing authorities; and service costs of the development to the City." For this type of analysis, the PFM team maintains a specialized "FIAM" (Fiscal Impact Analysis Model) tool. Based on a methodological approach pioneered by Burchell and Listokin of Rutgers University, FIAM can be specifically calibrated to each local jurisdiction. Originally developed on behalf of the Florida Department of Community Affairs ("DCA") by Fishkind & Associates, Inc. (now a part of PFM, as described elsewhere in this response), the PFM FIAM model reflects the collaborative input of more than 35 cities and counties, two Florida State departments, and all of the Regional Planning Councils. The FIAM model was submitted to a peer review panel that was hosted by the DCA, chaired by the Urban Land Institute, and that included Robert Burchell as an evaluator. The FIAM model evaluation rated an overall "Excellent" and was later included in the Florida Statutes (Subsection 163.3187(2), F.S.) as a "safe harbor" methodology for the State. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 9 III. Relevant Experience and Qualifications of Key Personnel a) Organizational Chart The chart below summarizes the project team available to the City of Miami for this engagement. Engagement Manager: Ensure team resources Oversight for quality control Lead Managing Consultant: Primary analytical direction Quality control for areas where a Senior Project Manager leads Senior Project Managers: Direct certain analyses based on expertise Provide quality control for areas where The Lead Project Manager conducts analysis Kevin Plenzler Senior Managing Consultant Garrett Hincken Senior Managing Consultant Additional Project Team Resources: Matt Stitt, Director Bill Fulton, Senior Advisor Deanna Kimball, Senior Managing Consultant Joe Buckshon, Senior Managing Consultant Key Analytical Staff: City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 10 b) Project Team Experience and Qualifications Key Team Member Project Role Qualifications Years of Relevant Experience Stan Geberer Lead Managing Consultant Led >100 economic and fiscal impact studies in Florida. Former Research Director, Broward Economic Development Board, B.A. Union College 42 years Michael Nadol Engagement Manager President of PFM Group Consulting LLC; partner -in - charge for hundreds of public sector consulting projects. M.P.A. University of Pennsylvania, B.A. Yale University 31 years Kevin Plenzler Economic and Fiscal Impact Analysis Led or supported >100 economic and real estate studies in Florida. M.B.A. University of Florida, B.S. University of Dayton 19 years Garrett Hincken Economic and Fiscal Impact Analysis Extensive economic impact and policy experience with the Pew Charitable Trusts and in both public and private sector research roles. M.C.R.P. Rutgers University, B.A. Temple University 13 years Ellen Ramage Economic and Fiscal Impact Support Economics Consulting senior analyst. B.A. Colby College, M.P.A. University of Pennsylvania 5 years Trae Jordan Economic and Fiscal Impact Support Economics Consulting analyst. B.A., M.C.P. University of Pennsylvania 1 year Jackie Berry GIS Specialist ESRI ArcGIS I & II certifications 19 years City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 11 c) Resumes Primary Project Team: Stan Geberer Senior Managing Consultant, PFM Group Consulting LLC Stan Geberer will serve as Lead Managing Consultant for this engagement, bringing expert understanding of economic and fiscal impact analysis grounded in more than four decades of project experience evaluating market conditions, demographic trends, and commercial and residential real-estate development across local Florida markets. Stan has been a senior member of the PFM Economics Consulting team since 2019, and served with the practice's predecessor firm, Florida -based Fishkind and Associates, Inc. from 1988 through the firm's acquisition by and integration into the PFM platform four years ago. Over more than four decades at PFM and Fishkind & Associates, representative projects among the hundreds where Stan has served as analytical lead have included: • Economic and fiscal impact studies of the Orange County Convention Center in 2002, 2007, 2012, 2018, and 2023 (ongoing), addressing impacts including: the Center operating and capital budget; event sponsor spending; spending of out-of-town attendees and their guests; and expansion plans. • Economic valuation of the Lake Worth Lagoon in Palm Beach County Florida, estimating direct environmental restoration investment value, wealth effect spending, local recreational spending, tourist/visitor recreational spending, business and commerce spending, fixed residential real- estate wealth created and non -market values including natural resource value and contingent valuation or willingness -to -pay for habitat existence and preservation. • Economic impact analysis of statewide economic incentives as a component of the evaluations conducted by PFM since 2016 for the State of Oklahoma Incentive Evaluation Commission. • Economic and feasibility analysis for scores of large-scale residential, hotel, and commercial development projects across Florida and the Southeast. Stan has also worked extensively with public and private interests in local communities on special projects such as comprehensive land use plan analysis, community redevelopment, defense contracting for base facilities analysis, strategic planning for businesses and economic development agencies, economic impact analysis and environmental economics. Stan has been a featured speaker at Urban Land Institute professional development seminars, the International Council of Shopping Center Developers, the Florida Retail Federation and the Association for University Business and Economic Research. Early in his career, he served as Research Director for the Broward Economic Development Board. Stan earned his B.A. in Economics from Union College. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 12 Michael Nadol President and Managing Director, PFM Group Consulting LLC Michael Nadol is President of PFM Group Consulting LLC, specializing in public sector financial sustainability. He joined the firm in 2000 and will serve as Engagement Manager for this project — ensuring availability of strong resources for project success, troubleshooting challenges, and coordinating quality control. Nationally, Mr. Nadol has played a lead role in long-range financial planning, turnaround consulting, and performance improvement for cities, counties, states, and federal agencies. Among his responsibilities, Mr. Nadol oversees PFM's Economics Consulting team and has directly led economic development consulting projects including a comprehensive evaluation of the New York State Centers of Excellence investments in regional growth and tax policy analysis for the City of Baltimore, Maryland. In addition, he has provided strategic, quantitative, and analytical support for human resources reforms on behalf of many of the nation's largest public employers, including the City of Austin, Texas, State of Tennessee, Commonwealth of Pennsylvania, and the City of New York. Prior to joining PFM in 2000, as Philadelphia's Director of Finance and in previous positions within the City's Office of the Mayor, Mike worked on management and budget initiatives key to the City's turnaround from the brink of bankruptcy in 1992 to its then -record $206 million surplus in 1999. Among other responsibilities, he served on the boards of multiple City economic development agencies, including the Philadelphia Industrial Development Corporation, and led Philadelphia's negotiations for a residential new construction tax abatement initiative that helped spark more than a decade of neighborhood reinvestment and renewed population growth. Mike has served on the adjunct faculty of the University of Pennsylvania's Master of Public Administration program and for two terms as an appointed adviser to the Government Finance Officers Association (GFOA) Committee on Governmental Budgeting and Fiscal Policy. Mike holds a B.A. in Political Science from Yale University and an M.P.A. from the University of Pennsylvania. Kevin Plenzler Senior Managing Consultant, PFM Financial Advisors LLC Kevin has nearly 20 years of experience in economic and real estate consulting, including economic impact analysis, highest and best use land use analysis, and detailed pro forma analysis associated with real estate transactions. Kevin has also been a senior member of the PFM Economics Consulting team since 2019, joining from the practice's predecessor firm, Florida -based Fishkind and Associates, Inc. where he worked from 2004 until the firm's acquisition by and integration into the PFM platform. Over almost two decades at PFM and Fishkind & Associates, representative projects among the scores where Kevin has served as analytical lead have included: • Feasibility analysis of a Public -Private Partnership proposal in the City of Fort Lauderdale for the redevelopment of the International Swimming Hall of Fame Museum Buildings. • Economic, fiscal impact, and feasibility analyses of a mixed -use development site, conducted on behalf of the host community for a proposed mixed -use development to be anchored by a 989,887 square foot NBCUniversal Studios film/tv production campus. The overall development plan also includes 269,645 square feet of retail space, 818,500 square feet of Class A office space, two hotels, residential communities, and an events center. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 13 • Economic and feasibility impact analysis, highest and best use study, and real estate pro forma analysis for an approximately 42-acre assemblage of parcels in the City of Port St. Lucie known as the City Center project. Kevin also has economics consulting experience with transportation toll and revenue studies, K-12 schools analysis and market studies related to sports, leisure and cultural facilities. In addition, his current responsibilities include providing financial advisory and assessment consulting services associated with PFM's Community Development Districts. Kevin holds a B.S. in Environmental Engineering Technology from the University of Dayton and an MBA from the University of Florida Warrington College of Business. He is registered as a Municipal Advisor Representative (Series 50). Garrett Hincken Senior Managing Consultant, PFM Group Consulting LLC Garrett Hincken is a Senior Managing Consultant with PFM Group Consulting, focused on economic research and policy challenges. His current economic and fiscal impact analysis engagements include: • Oversight for economic impact analysis within a study on behalf of the State of New York to evaluate more than 20 tax incentives. • Analytical support for the 2023 update to PFM's fiscal and economic impact analyses on behalf of the Orange County Convention Center. • Lead analytical support for an evaluation of the statewide impact of a proposed real estate transfer tax in the Commonwealth of Massachusetts. Prior to joining PFM, Garrett was an officer and research lead with The Pew Charitable Trusts, conducting in-depth analysis on key challenges affecting urban economic and fiscal health and neighborhood stability. One of the reports he authored examined Philadelphia's property tax and how it compares with 10 peer cities, detailing findings on the tax's contribution to the budget, the composition of the tax base, the structure of rates and exemption programs, as well as the recent history of the City's assessment function. For another initiative, Garrett analyzed Philadelphia homes with "tangled titles" (where the official deed does not bear the name of the apparent owner), authoring a report highlighting the impact on neighborhoods of different socio-economic characteristics and how this problem puts more than $1 billion in housing wealth at risk. Earlier in his career, Garrett served as Director of Research and Transportation Policy for the Center City District, Philadelphia's nationally recognized downtown business improvement district, where his work focused on the economy of Philadelphia's downtown core. While at Center City District, he produced reports addressing housing production, commercial development, employment trends, transit policy, inclusive growth, and residential demographics, as well as market analyses in support of business attraction. Prior to that role, Mr. Hincken was a Director for a regional economic consultancy, advising public and private sector clients across a range of economic and real estate analysis services, including economic impact modeling, fiscal impact modeling, spatial mapping, and real estate pro forma analysis. Garrett holds a Master of City and Regional Planning from Rutgers University where he also worked with the Center for Urban Policy Research and earned his bachelor's degree from Temple University. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 14 Ellen Ramage Senior Analyst, PFM Group Consulting LLC Ellen Ramage joined PFM's Management and Budget Consulting practice in 2019, primarily supporting the firm's Economics Consulting team. Among her recent projects, Ellen served as the lead analyst on a data center cost benefit analysis study for Prince William County, Virginia, a business tangible personal property tax policy study for Loudoun County, Virginia, and an economic forecasting analysis for a Florida -based internet service provider. Prior to joining PFM, Ellen worked as a Project Coordinator in a workforce development program. She earned a Bachelor of Arts from Colby College and a Master of Public Administration from the University of Pennsylvania. Trae Jordan Analyst, PFM Group Consulting LLC Trae Jordan is an analyst in PFM's Management and Budget Consulting (MBC), focusing primarily on projects within the Economic and Real Estate Consulting practice and the Center for Budget Equity and Innovation. Trae provides support for clients around the country by conducting economic and fiscal impact analyses as well as real estate market studies and tax incentive policy evaluations. In Florida, he has supported projects including real estate market analyses in Ocala, Avon Park, Osceola County, and Riviera Beach, including hotels, affordable and market rate housing, and commercial development, as well as the valuation of real estate holdings and market analysis of new commercial office space and land value for the Utilities Commission of New Smyrna Beach. Trae's work also includes advising clients regarding strategies for incorporating equity into local government practices. Prior to joining PFM, Trae's experience includes work with the Planning Department in Olathe, KS, the City Manager's Office in Overland Park, KS (Greater Kansas City) and the Strategic Initiatives Department at Amtrak. He holds a Master of City Planning from the University of Pennsylvania as well as a Bachelor of Science in Economics from the Wharton School of Business at the University of Pennsylvania. Jackie Berry GIS Specialist, PFM Group Consulting LLC Jackie Berry works in the Economics Consulting practice of PFM as a GIS Specialist. With nearly two decades of experience, she uses detailed geographic property databases to conduct market analysis, comprehensive land -use plan analysis, development trend evaluation, and forecasting support. These skills enable the firm to interface with clients and other team consultants using a common GIS format. Jackie holds ESRI ArcGIS I & II certifications. Additional PFM Economics Consulting Team Members: Matthew Stitt Director, PFM Group Consulting LLC Matt Stitt is a Director in PFM's Management and Budget Consulting team, coordinating the firm's Economic and Real Estate Consulting team and co -leading PFM's Center for Budget Equity and Innovation. He will serve as the primary project manager for all aspects of this engagement and will also focus on integrating equity considerations into each component of the work. Nationally, Matt advises City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 15 public sector leaders on structural changes, budget reforms and financial planning —with a particular focus on applying an equity lens to solving governing challenges. In 2021, Matt led PFM's multi -city engagement with the Bloomberg Philanthropies City Budgeting for Equity & Recovery initiative, which included technical assistance for 11 cities across the United States, including Tampa and West Palm Beach, Florida, is currently leading the firm's work with the Robert Wood Johnson Foundation -funded Public Finance Initiative developing programs that center the values of equity, sustainability, and inclusive growth in fiscal decision -making, and has co-authored multiple publications regarding emerging practices in budgeting for equity and effective change management — including an article (with colleague Michael Nadol) in the April 2021 Government Finance Review on "Equitable Recovery in Practice." Prior to joining PFM in 2020, Matt served as the chief financial officer for the City Council of Philadelphia, leading the annual review of the County/City's multi -billion dollar operating and capital budgets and strategic plans, as well as advising on all fiscal matters related to proposed legislation and key initiatives. As the finance lead on City Council's senior staff, Matt was responsible for advising on the annual adoption of Philadelphia's operating and capital budgets, evaluating major strategic initiatives, managing the Council Finance and Budget Team, and acting as a liaison for certain high -profile state and federal budget matters. Matt also supported City Council of Philadelphia on a myriad of economic development and housing initiatives, particularly those related to funding and tax strategies. Matt also served as the Council appointee on a number of boards and committees, including Philadelphia's Board of Pensions and Retirement, COVID-19 Recovery Steering Committee, the Housing Trust Fund and the Philadelphia Accelerator Fund promoting innovative funding for affordable housing and community development. Matt instructs at the Fels Institute of Government at the University of Pennsylvania as an adjunct lecturer and is appointed as a Distinguished Fellow. He also serves or recently served as a board member for the Economy League of Greater Philadelphia, the Philadelphia Energy Authority, the Philadelphia Green Capital Corp., the Haverford College Board of Managers as a Young Alumni Associate, and the Greater Philadelphia YMCA. Matt holds a B.A. from Haverford College, Executive MBA from Temple University and Executive MPA from the Fels Institute of Government at the University of Pennsylvania. William Fulton Senior Advisor, PFM Group Consulting LLC Bill Fulton is a national expert on urban planning and seasoned economic development practitioner with 30 years of experience. Prior to joining PFM as a Senior Advisor, Bill served as Director of the Kinder Institute for Urban Research at Rice University. At the Kinder Institute from 2014 to early 2022, Bill focused his efforts on improving underserved communities in Houston. The Kinder Institute's work successfully highlighted an affordable housing crisis for low -wage workers in Houston, especially after a series of disasters including three floods and an unusual winter freeze. He also led the Kinder Institute's work in partnership with the City of Houston to create racial equity indicators for the city, Harris County's first -ever affordable housing needs assessment, and Rice University's effort to obtain a Build Back Better Regional Challenge grant from the Economic Development Administration by linking research breakthroughs at Rice and other local universities to manufacturing jobs in the region. These projects regularly included extensive community engagement, inclusive of focus groups, neighborhood outreach, and surveys. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 16 Earlier in his career, Bill served as Director of Planning, Neighborhoods and Economic Development for the City of San Diego, where he helped draft and shepherded City Council approval of the 2014-2016 City of San Diego Economic Development Strategy, the first economic development strategy approved by the City in 15 years. As a City Councilmember and elected Mayor of Ventura, California from 2003 to 2011, Bill also led the effort to create a business incubator and city economic development fund. In addition, he was formerly a Principal and Shareholder at the urban planning firm and worked on economic development strategies for several cities in California and Arizona. Currently, Bill is Fellow with the University of California Berkeley Tener Center for Housing Innovation. Bill was the economic development columnist for Governing magazine for many years. His eighth book, Place and Prosperity: How Cities Help Us Connect and Innovate, was published in 2022 by Island Press. Bill received his urban planning degree from UCLA. Randall Bauer Director, PFM Group Consulting LLC Randall Bauer joined PFM's Management and Budget Consulting Group in 2005, where he leads the tax policy practice in coordination with the firm's Economics Consulting team. His clients have included over half of all U.S. states as well as major local governments, such as the cities of Chicago, Fort Worth, Memphis, and St. Louis. Randy specializes in tax policy, economic development incentives, financial and strategic planning, and organizational assessment. Prior to joining PFM, he served for seven years as budget director for the State of Iowa. During his tenure, Iowa created a results -focused budget process, implemented a performance reporting system and, to improve performance and create budget savings, restructured several major state agencies. Before his work as state budget director, he served for over 10 years as a senior adviser for the Iowa Senate with primary responsibilities on budget, tax, and economic development issues. Randy was a Fannie Mae Foundation Fellow at Harvard University's program for senior executives in state and local government. He served as president of the Iowa Society of Certified Public Managers, as finance chair and vice president for the U.S. Chess Federation and on the executive board of the National Association of State Budget Officers, where he has been voted life member status. He earned his B.A. in Economics from Coe College. Deanna Kimball Senior Managing Consultant, PFM Group Consulting LLC Deanna joined PFM's Management and Budget Consulting Practice in 2015. As a Senior Managing Consultant with the firm, she specializes in economic development incentive analysis, tax and revenue policy, organizational assessments, business process improvement and financial and strategic planning. Since 2017, Deanna has served as the deputy project manager for PFM's work with Oklahoma's Incentive Evaluation Commission. She has recently led projects including a study of the effectiveness of the State of Vermont's remote worker incentives, guidance for the City of New Orleans, Louisiana for permanent supportive housing options as part of the City Budgeting for Equity & Recovery initiative, and the organizational analysis within an economic development plan for the City of Ventura, CA. She was also a key member of the teams who conducted the data center fiscal impact analysis for Prince William City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 17 County, Virginia and comprehensive tax and revenue reviews for the State of Hawaii; Loudoun and Prince William Counties, Virginia; and the Long Island Regional Planning Council in New York. Prior to joining PFM, Deanna was a budget analyst at the University of Pennsylvania, and she previously served as a budget and management analyst for the State of Ohio's Office of Budget and Management. She received her Bachelor of Arts degree from Xavier University in Cincinnati, Ohio before going on to earn her Master of Public Administration degree from Northern Kentucky University. Joe Buckshon Senior Managing Consultant, PFM Group Consulting LLC Joe Buckshon is a member of the firm's Economics Consulting practice. He is currently providing day-to- day coordination for a statewide evaluation of tax incentives for the State of New York, and previously supported economic impact analysis for a large-scale mixed -used development in Vero Beach, Florida and an affordable housing demand analysis for Tampa, Florida. In 2021, Joe also served as a senior member of the PFM technical assistance team for 11 cities nationally under the Bloomberg Philanthropies City Budgeting for Equity & Recovery program. This included supporting West Palm Beach, Florida and Lincoln, Nebraska with development of a small- and minority -owned business loan programs. Prior to joining PFM, Joe served as a Policy and Performance Fellow in the City of Philadelphia's Department of Commerce where he co -led a working group to design the Quality Jobs Tax Grant program alongside Commerce Department, City Council and other Administration stakeholders. He has provided project management and analysis support to dozens of consulting engagements over the past decade. Joe holds a Master of Public Administration from the University of Pennsylvania's Fels Institute of Government and a B.A. in Economics and Spanish from Temple University. Additional PFM Team Resource: Sergio Masvidal Managing Director, PFM Financial Advisors LLC Sergio Masvidal joined PFM in 2003, and is now a Managing Director leading PFM's Miami office. He is primarily responsible for directing and providing technical financial advisory services to clients throughout Florida and the Southeast, with a primary focus in South Florida. He has extensive experience, having actively managed over $15 billion of bond transactions over the last 18 years. Sergio's clients include a variety of Counties, Cities, School Districts, Special Taxing Districts, Utilities and Transportation Authorities, including the City of Miami. In his role as project manager, Sergio has expertise in project financing, having helped develop long-term financing plans that create innovative and cost-effective structures. Sergio also has extensive experience assisting clients to develop financing strategies for long- term capital improvement programs. As advisor to municipalities with special taxes, transit funding, and general government financings, he has advised both competitive and negotiated public offerings, direct bank placements, as well as TIFIA/WIFIA funding. Sergio has also assisted issuers throughout South Florida to maintain high credit ratings from the major credit agencies through the pandemic. In the community Sergio serves as a volunteer at the Kendall Boys & Girls Club, as well as the Miami - Dade Public Schools Listeners/Oyentes Program. He earned his B.A. at Muhlenberg College and is a registered Municipal Advisor Representative (Series 50). City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 18 IV. Proposed Approach to Providing the Services a) Approach to Project Organization and Management The following summarizes the key components and differentiators of PFM's project approach — one that will ensure the City of Miami receives comprehensive, thoughtful, and actionable deliverables. • Committed, day-to-day project management. As the Lead Managing Consultant, Stan Geberer will ensure that each assignment under this engagement remains on time and on budget. He will also serve as the primary point of contact for the City and will facilitate seamless communication among the City and PFM project teams. In many cases, we anticipate that Stan will also direct the analyses assigned hands-on, however, there may be instances when the specific experience and expertise of Senior Project Managers Kevin Plenzler and/or Garrett Hincken makes them best suited to lead a particular evaluation. • Commitment to quality control. We view quality control as essential to our ability to provide high -quality, in -scope deliverables to our clients — particularly for technical work such as addressed by this RFQ. Under our rigorous and regular fact -checking process, all data collected and incorporated within our analysis will be maintained in a central PFM location. As part of the data collection and analysis process, all data used will be independently located and verified by a member of the project team. Further, for each assignment, one of the Senior Project Managers, Kevin Plenzler or Garrett Hincken will be assigned to quality control. (or Lead Managing Consultant, Stan Geberer, will fill this role if one of the Senior Project Managers is leading on a particular assignment). In this quality control role, there will be an early -project session to review methodologies and data sources to be used, a mid -project review to check major assumptions built into the analysis, and a final review to check accuracy. At each of these stages, there will also be opportunities for review by key City staff, as desired, prior to moving to the next phase of an assignment — in alignment with the work plan, draft report, and final study deliverable requirements set forth in the RFQ. • Designated executive support and defined project teams. As President of PFM Group Consulting and Engagement Manager, Mike Nadol will be responsible for ensuring that each project team receives all resources necessary for a successful outcome. As part of this role, Mike will ensure that each project team is assigned an appropriate level of dedicated support from a trained Senior Analyst, Analyst, or GIS Specialist where beneficial for providing supporting analysis under direction of the Lead Managing Consultant and/or Senior Project Managers to help execute the work efficiently and timely. • Project management controls. PFM understands that timeliness will be critical for some assignments under this engagement and appreciates the City's desire to complete each assignment within a six (6) week period, with even more accelerated 72-hour targets for submittal of preliminary findings and ten (10) business days for review of draft findings with the developer. With PFM's experience conducting similar studies, we are confident in our ability to work within the City's timeframe, although recommend consideration of more extended review for certain more complex evaluations to allow for more in-depth evaluations. To support delivery under deadlines, PFM project managers rely on a variety of safeguards to ensure projects do not City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 19 encounter bottlenecks, including use of a weekly staffing tracker and regular internal calls focused specifically on staffing needs and assignments. • Effective communication plans. In support of a successful engagement, it is important to develop a strong communication plan, with the goal of completing the project on time, on budget, and with the required deliverables and results. Given the relatively quick turnaround times expected for typical assignments under this engagement, we would recommend establishing certain of these guidelines upfront, so that subsequent assignments can move quickly within established parameters. To lay the groundwork for project success, PFM's communication plans are generally based on the following principles: Client Engagement r • PFM structures its projects to enhance the opportunities for client communication and involvement. This may entail the creation of a client guidance team, which includes the project sponsor and project manager as well as other key stakeholders. This helps establish project direction, resolves issues and maintains project continuity. Continuous Feedback • PFM provides regular updates to its clients on project progress, scheduling and issues to be resolved. PFM also provides regular opportunities for clients to vet recommendations and analysis to help ensure findings and recommendations are credible and actionable. Clear Milestones r • PFM projects use key project milestones to ensure continuous client involvement, project understanding and feedback. PFM projects generally are initiated with a project kickoff, which helps to introduce the PFM team to key project stakeholders. PFM projects also typically entail a mid -point project update to communicate key high level project findings and recommendations and provide updates on project schedules and next steps. b) Operational Plan PFM understands, and stands ready to successfully complete the City's desired tasks for assignments under this engagement, specifically to: • Review proposed development applications for feasibility and economic impact assessment. • Prepare a preliminary report of findings, work plan and timeline for completing the study within 72 hours • Prepare a draft of the study entitled "Independent Feasibility and Economic Impact Study" incorporating the key elements outlined in the RFQ; and, • Prepare a final report, incorporating any changes resulting from the review of the draft. Within this framework, the following summarizes how our team would approach the Economic Impact and Feasibility Study elements of each overall report. Economic Impact Study As a key tool for economic impact analysis, PFM recommends the use of IMPLAN, a powerful analytic modeling system that has been used by academic and professional economists for decades. As an input- output model, IMPLAN works by quantifying the interdependent relationships between sectors in an City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 20 economy, drawing on data from the Bureau of Economic Analysis, the Bureau of Labor Statistics, and the US Census Bureau. PFM regularly uses IMPLAN to estimate the total economic impact of an activity or project -- such as a large-scale development — on the local economy in terms of overall output, employment, earnings, and value added. Results capture the direct effects of the project spending, as well as the ripple effects generated by business -to -business purchases of services and supplies (indirect effects), and the household spending of proprietors and wage earners (induced effects). For a large-scale development project exceeding 200,000 square feet of gross floor area, those impacts would typically consider both the temporary effects of construction activity and, where appropriate, the ongoing effects of the operation of the development. Results can also be detailed by sector and occupation to demonstrate how an economic investment flows through the broader economy. For an input-output model like IMPLAN, correctly specifying the inputs is crucial to producing quality outputs. To ensure accuracy, PFM's economic impact analyses supplement developer -submitted project information with market statistics and real estate valuation metrics drawn from independent market research. PFM also leverages insights from our market feasibility analysis (described below), such as the projected absorption schedule (e.g., timing of development) and expected rent or sale prices, to further refine model inputs. To the extent quantifiable, the economic impact analysis will describe the newly created economic activity versus displacement of any existing economic activity. To quantify the costs and revenues for local governments associated with such land use decisions, PFM employs a modeling approach built on the Fiscal Impact Analysis Model (FIAM), which was developed by Fishkind and Associates (as detailed elsewhere in this RFQ response, now part of PFM) under contract with the Florida Department of Community Affairs. PFM's fiscal impact modeling examines both the long- range and near -term impacts of land use changes and provides estimates for the effects of development on both the operating budget and the capital budget of the local government. For this engagement, budget -based models can be calibrated for the City of Miami, as well as Miami -Dade County, Miami -Dade Public Schools, and/or other local taxing authorities as identified by the City. Revenues are directly estimated where possible, such as for property taxes, based on the expected appraised value of the development and the current millage rate, and for impact fees, based on the proposed land uses and the impact fee schedule. For revenues and expenditures that cannot be directly quantified, PFM's modeling generally relies on a modified per -capita approach, wherein the proposed development's impact on the budget is calculated on the basis of projected changes in the number of residents, workers, and visitors as they compare to the existing populations of residents, workers, and visitors and the revenues generated from and the cost of providing government services to those populations, as reflected in the current budget. The same modified per -capita methodology can be applied to a school district, based on projected changes in the school -aged population as compared to the current school -aged population and district budget. Feasibility Study Market feasibility analysis, sometimes also framed as a highest and best use study, involves examining both supply and demand data to assess the viability for a proposed real estate project in the economic City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 21 marketplace. Real estate feasibility analysis is tied to 1) historic absorption of development volumes and 2) an assessment of whether market demographics and projected growth in population, employment, and visitation represent sufficient demand to support the project. PFM's analysis of market conditions starts with a look at the national macroeconomic forces that affect the real estate market, such as inflation, employment levels, and interest rates. State and local market conditions are also considered, as reflected in trends in housing starts and completions, residential sale volumes and prices, foreclosure filings, effective rents, vacancy rates, absorption rates, and demographic changes. The feasibility analysis includes examination of current and prospective levels of comparable supply based on the existing land uses and the pipeline of planned projects. PFM uses detailed, locally calibrated, demographic models to project population growth by age and by income for ownership and renter populations. The projection models are used to generate demand -based residential development absorption programs based on price, product type, and the availability of alternatives in the market. When there is adequate demand and/or a lack of available competitive supply, the proposed project will have demonstrated feasibility in the marketplace. As a result, the highest and best use analysis will provide insight into how much new development can be supported in the market. This includes expected pricing or rents and pace of project absorption. This type of financial analysis typically includes development costs (provided by the developer/applicant) along with any significant operational costs that would impact overall project viability. PFM typically models such projects to stabilization which is a minimum of three (3) years; however, depending on the nature of the project can extend up to ten (10) years. The results of the market feasibility study are then used to refine the project absorption schedule (e.g., development timing) and associated rents/sale prices in the fiscal impact analysis. This operational plan would be completed using the project organization and management approach outlined in Section A. above for each assignment. c) Application of the Proposed Project Approach This PFM team has applied customized variations of the above project approach to the evaluation of a broad range of proposed urban development projects across Florida and nationally. In part (d) of the "Relevant Experience, Qualifications and Past Performance" section II of this RFQ response, we outline five examples of comparable contracts where we used some or all of the above approaches to evaluate major public investments that provide a representative perspective on this work. Across all of these prior and ongoing engagements — and many more successfully executed by the PFM team — we believe that our key impact is to inform and equip public sector decision -makers through sound analysis. For major developments, land use decisions can have generational effects on a community's economy, tax base, job opportunities, and quality of life. With thoughtful analytics to help assess such potential impacts in advance of a public investment and/or land use decision, we believe that our proposed approach can meaningfully inform better choices. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 22 d) Sample Economic Impact Analysis and Feasibility Study Please see the attached Economic Impact, Fiscal Impact, and Market Analysis for elements of a proposed Marina Village development as prepared for the Riviera Beach Community Redevelopment Agency (CRA) in October 2022. Additional work samples are available on request. e) Additional Services Available The PFM team offers a broad range of Economics Consulting services beyond those delineated in the City's RFQ, including: • Evaluation of existing and proposed tax and other economic incentives. Our incentives evaluation has supported both state governments (State of Oklahoma Incentives Commission, New York State) and local governments (City of St. Louis) with the evaluation and/or restructuring of the impact and effectiveness of incentives programs. • Economic Forecasting. We use regression and other analytical methodologies to forecast tax and non -tax revenue streams through economic cycles and under extraordinary conditions, such as the COVID pandemic. • Environmental Valuation — measuring non -market goods and eco-systems; policy; value of species preservation and future enjoyment. We would be happy to further discuss these and other applications of our economic, fiscal, and policy analysis capabilities. City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 23 V. Appendices City of Miami PFM Group Consulting LLC Economic Impact and Feasibility Analysis Consultant Pool I RFQ # 1414387 24 Certification Statement Request for Proposals No. 1414387 City of Miami Solicitation RFQ 1414387 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: Please see following pages for exceptions. We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: PFM Group Consulting LLC ADDRESS: PHONE: (215) 567-6100 FAX: (215) 567-4180 EMAIL: nadolm@pfm.com CELL(Optional): SIGNED BY: TITLE: President and Managing Director DATE: 2/27/2023 1/27/2023 3:03 PM p. 4 Request for Proposals No. 1414387 City of Miami Solicitation RFQ 1414387 Certifications Legal Name of Firm: PFM Group Consulting LLC Firm's Federal Employer Identification Number ("FEIN"): 81-1642478 Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Limited Liability Company Year Established: 2016 Office Location: City of Miami, Miami -Dade County, or Other Philadelphia, PA Business Tax Receipt/Occupational License Number: N/A Business Tax Receipt/Occupational License Issuing Agency: N/A Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) N/A If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 2/1/23). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 2/24/23 Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services 1/27/2023 3:03 PM p. 5 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. PFM respectfully requests the opportunity to negotiate adjustment to the provisions referenced on the following pages, however, I acknowledge that, if awarded, PFM will be required to execute the Professional Services Agreement in substantially the form attached with the RFQ, and that certain City clauses are non-negotiable. Net Prices: PFM understands that fees will be negotiated with the City for any individual assignments made pursuant to the economic impact and feasibility analysis consultant pool, based on the requirements of each such assignment. As a result, net pricing is not applicable at this stage. In developing our cost estimates for these negotiations, PFM will use the following hourly rates as a basis for our Fees: Level Hourly Rate Managing Director $365 Director $345 Senior Managing Consultant $325 Senior Analyst $265 Analyst $245 Associate/ GIS Specialist $155 Research Associate $75 RFP Pg. 10 - Terms and Conditions 1. General Terms and Conditions 1.8 AUDIT RIGHTS AND RECORDS RETENTION — To the extent that is practicable and upon reasonable notice, Tthe Successful Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions.... Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the audit rights language in any resulting agreement to allow for notice prior to an audit. RFP Pg. 21 - Terms and Conditions 1. General Terms and Conditions 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent; provided that Contractor's liability shall only be to the extent of claims and liabilities arising from its negligence. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the indemnification language in any resulting agreement so that PFM Group Consulting LLC's obligation to indemnify is limited to circumstances in which its performance has been wrongful, which would include negligent or intentionally wrongful acts. RFP Pg. 21 - Terms and Conditions 1. General Terms and Conditions 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured, except for Workers Compensation, Cyber Liability and Professional Liability. Explanation: Industry standards prohibit the inclusion of additional insureds on workers compensation, cyber liability and professional liability. RFP Pg. 22 - Terms and Conditions 1. General Terms and Conditions 1.51 MOST FAVORED NATIONS Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Proposer grants now or in the future to a similarly situated local government. Explanation: As a matter of firm policy, PFM Group Consulting LLC does not agree to most favored nation pricing provisions. PFM Group Consulting LLC has devoted significant effort to developing a fee schedule which, we believe, is highly competitive in the market. Our contractual fees are discussed with our clients to give effect to the complexity of the engagement. Given the customized nature of our services and our nationwide client base, we maintain as a matter of firm policy that we do not agree to fee -parity clauses, because it is impractical to determine compliance with such provisions and it is never possible to avoid incongruous results. RFP Pg. 25 - Terms and Conditions 1. General Terms and Conditions 1.63 PRICE ADJUSTMENTS Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. Explanation: see above RFP Pg. 37 - Terms and Conditions 2. Special Conditions 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent; provided that Contractor's liability shall only be to the extent of claims and liabilities arising from its negligence. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Succe"sful Proposer exprec•sly understand Successful Proposer shall in no way limit the responsibility to indemnify, keep and save provided. Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the indemnification language in any resulting agreement so that PFM Group Consulting LLC's obligation to indemnify is limited to circumstances in which its performance has been wrongful, which would include negligent or intentionally wrongful acts. II. Business Automobile Liability a. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit d Auto& Including Hired, Borrowed or Non -Owned Autos Explanation: PFM does not own autos. Auto liability coverage will be provided for hired and non -owned autos only. RFP Pg. 41 - Terms and Conditions 2. Special Conditions 2.24. TERMINATION B. FOR CONVENIENCE The City Manager Either party may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the termination language in any resulting agreement to allow for mutual termination rights. RFP Pg. 58 Attachment C Environmental Liability - It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Explanation: N/A to the work performed by PFM. RFP Pg. 59 Attachment C Builders Risk - It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Explanation: N/A to the work performed by PFM. RFP Pg. 59-60 Attachment C Additional Requirements - The Successful Proposer must furnish Certificates insurance listing the City of Miami as an additional insured, except for Workers Compensation, Cyber Liability and Professional Liability. All insurance certificates must be signed, dated and reference the City contract number. The insurance Proposer must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Successful Proposer. The Successful Proposer further agrees to have insurers, except for Professional Liability, waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. Explanation: Industry standards prohibit the inclusion of additional insureds on workers compensation, cyber liability and professional liability. Not all of PFM insurers will provide 30 days notice for all listed cases directly to PFM clients. In case of reduction in coverage, material changes, or cancellation, Proposer will provide 30 days prior of written notice to the City. Waiver of subrogation would not apply to Professional Liability. If the Successful Proposer or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements at the time of renewal or amendment. Explanation: PFM's insurance policies cannot be altered midterm. RFP Pg. 67 - PROFESSIONAL SERVICES AGREEMENT 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion unless disclosure is required by law or judicial or regulatory process.... Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the confidentiality language in any resulting agreement to allow PFM Group Consulting LLC to disclose confidential information if PFM Group Consulting LLC is required to do so by law or regulatory or judicial process. If PFM Group Consulting LLC is served with a subpoena requiring the production of the confidential information, we need to be able to comply with the subpoena, without that compliance constituting a breach of any resulting agreement. RFP Pg. 68 - PROFESSIONAL SERVICES AGREEMENT 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. To the extent that is practicable and upon reasonable notice, Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts.... Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the audit rights language in any resulting agreement to allow for notice prior to an audit. RFP Pg. 71 - PROFESSIONAL SERVICES AGREEMENT 11. INDEMNIFICATION: (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent; provided that Contractor's liability shall only be to the extent of claims and liabilities arising from its negligence. Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the indemnification language in any resulting agreement so that PFM Group Consulting LLC's obligation to indemnify is limited to circumstances in which its performance has been wrongful, which would include negligent or intentionally wrongful acts. RFP Pg. 74 - PROFESSIONAL SERVICES AGREEMENT 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A The Cit" acting by girl through ,tom City Manager Either party shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant the other party at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the termination language in any resulting agreement to allow for mutual termination rights. Addendum Acknowledgement Iit of �ittmi ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 1 RFQ 1414387 February 23, 2023 REQUEST FOR QUALIFICATIONS ("RFQ") FOR ECONOMIC IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES POOL The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Tuesday, March 7, 2023, at 5:OOPM. B. The following are inquiries received from Prospective Proposers and the City's corresponding responses: Q1: Are Proposers required to submit a bid bond pursuant to Section 1.11 of the RFQ? Al: No. Q2: a) Will the City negotiate contract terms and conditions with Successful Proposer(s) at the Work Order stage based upon what is appropriate for each individual Work Order? B) If so, would the City be willing to negotiate any of the terms listed as non-negotiable in the Certifications Questions on page 6 of the RFQ? A2: a) The City will negotiate the scope of services and price for each Work Order; b) No other terms or conditions will be negotiated at this stage. Q3: Section 1.35 discusses exceptions to the terms and conditions of the RFQ. Will the City consider allowing exceptions to the non-negotiable provisions of the Sample Professional Services Agreement ("Sample PSA") identified within the Certification Questions on page 6 of the RFQ? A3: The only exception the City will allow to these provisions is the modification of Article 11 of the Sample PSA, titled "Indemnification", to remove that certain language making the Successful Proposer(s) also responsible for the City's negligence, in addition to their own. ADDITIONAL INQUIRIES SUBMITTED IN ADVANCE OF THE DEADLINE LISTED IN THE RFQ WNOT ADDRESSED HEREIN WILL BE ADDRESSED IN A FUTURE ADDENDUM TO THE RFQ. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:cj cc. Lakisha Hull, Director, AICP, LEED BD+C, Director, Planning Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: PFM Group Consulting LLC SIGNATURE: DATE: February 24, 2023 ANNIE PEREZ, CPPO Procurement Director ait T of multi ADDENDUM NO. 2 RFQ 1414387 March 3, 2023 ARTHUR NORIEGA V City Manager REQUEST FOR QUALIFICATIONS ("RFQ") FOR ECONOMIC IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES POOL The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, March 14, 2023, at 5:OOPM. ADDITIONAL INQUIRIES SUBMITTED IN ADVANCE OF THE DEADLINE LISTED IN THE RFQ NOT ADDRESSED HEREIN WILL BE ADDRESSED IN A FUTURE ADDENDUM TO THE RFQ. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. 4 Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:cj cc. Lakisha Hull, Director, AICP, LEED BD+C, Director, Planning Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: PFM Group Consulting LLC DATE: March 7, 2023 SIGNATURE: l (tau of Aliami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 3 RFQ 1414387 March 13, 2023 REQUEST FOR QUALIFICATIONS ("RFQ") FOR ECONOMIC IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES POOL The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Thursday, March 16, 2023, at 5:OOPM. B. The following is an inquiry received from Prospective Proposer(s) and the City's corresponding response: Q1: Section 3.1, Scope of Services, subsection B.3.3.a. requires that Successful Proposer(s) "Analyze direct and induced labor income and economic output using a recognized platform approved by the City...". Please specify some of the platforms (e.g., economic impact tools), that are recognized and approved by the City. Al : The City of Miami ("City") doesn't currently process the type of analysis required in the RFQ, however, the City has identified the following tools/platforms it would consider acceptable: 1. Microsoft Power BI; 2. Google Analytics; or 3. Salesforce Tableau. The City would also consider any other platforms that are recommended by the Successful Proposer(s) as being "industry preferred". THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:cj cc. Lakisha Hull, Director, AICP, LEED BD+C, Director, Planning Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: err, �p .,j� I h--.) DATE: 40-1:/ v z�3 List of Partners PFM Financial Advisors LLC 1/1/2023 Partners Last Name First Name Title Company Description Office Location 1 Bass Jeremy Managing Director/Partner PFM II LLC Boston, MA 2 Berwanger Michael Managing Director/Partner PFM II LLC Los Angeles, CA 3 Blanchett Kari Managing Director/Partner PFM II LLC Ann Arbor, MI 4 Burmeister Jon Managing Director/Partner PFM II LLC Des Moines, IA 5 Cameron Jessica Managing Director/Partner PFM II LLC Minneapolis, MN 6 Carter JoAnne Managing Director/Partner PFM II LLC Arlington, VA 7 Case William Managing Director/Partner PFM II LLC Orlando, FL 8 Choi Christine Managing Director/Partner PFM II LLC San Francisco, CA 9 Conway Ryan Managing Director/Partner PFM II LLC Charlotte, NC 10 Daniel Lisa Managing Director/Partner PFM II LLC Memphis, TN 11 Doyle Jamie Managing Director/Partner PFM II LLC Harrisburg, PA 12 Eichenthal David Managing Director/Partner PFM II LLC New Orleans, LA 13 Fraizer Todd Managing Director/Partner PFM II LLC Charlotte, NC 14 Francoeur Mary Managing Director/Partner PFM II LLC New York, NY 15 Gallucci Brian Managing Director/Partner PFM II LLC San Francisco, CA 16 Gerlach Susanne Managing Director/Partner PFM II LLC Des Moines, IA 17 Glover Jay Managing Director/Partner PFM II LLC Orlando, FL 18 Hartman Daniel Managing Director/Partner PFM II LLC Arlington, VA 19 Hass Steven Managing Director/Partner PFM II LLC New York, NY 20 Hodge Darren Managing Director/Partner PFM II LLC Chandler, AZ 21 Hollenbeck Sarah Managing Director/Partner PFM II LLC San Francisco, CA 22 Jaworski Jill Managing Director/Partner PFM II LLC Chicago, IL 23 Kaplan Dean Managing Director/Partner PFM II LLC Philadelphia, PA 24 Kozloff Daniel Managing Director/Partner PFM II LLC Philadelphia, PA 25 Lover Chris Managing Director/Partner PFM II LLC Charlotte, NC 26 Lowe Lauren Managing Director/Partner PFM II LLC Memphis, TN 27 Mace Michael Managing Director/Partner PFM II LLC Charlotte, NC 28 Maddox Cheryl Managing Director/Partner PFM II LLC Philadelphia, PA 29 Mann Grodon Managing Director/Partner PFM II LLC Philadelphia, PA 30 Masvidal Sergio Managing Director/Partner PFM II LLC Miami, FL 31 Matte June Managing Director/Partner PFM II LLC Boston, MA 32 Matteo Brett Managing Director/Partner PFM II LLC Philadelphia, PA 33 Matthews Charles Managing Director/Partner PFM II LLC Philadelphia, PA 34 McCoy Joshua Managing Director/Partner PFM II LLC Orlando, FL 35 Miller David Managing Director/Partner PFM II LLC Orlando, FL 36 Nadol Michael Managing Director/Partner PFM II LLC Philadelphia, PA 37 Niedfeldt Jeremy Managing Director/Partner PFM II LLC Orlando, FL 38 Pugh Bethany Managing Director/Partner PFM II LLC Cleveland, OH 39 Remig Bradley Managing Director/Partner PFM II LLC Harrisburg, PA 40 Rich Robert Managing Director/Partner PFM II LLC Princeton, NJ 41 Rosenbluth Brandon Managing Director/Partner PFM II LLC Philadelphia, PA 42 Rotty Kevin Managing Director/Partner PFM II LLC Richmond, VA 43 Schirmer Sarah Managing Director/Partner PFM II LLC New Orleans, LA 44 Schlesinger Jamie Managing Director/Partner PFM II LLC Malvern, PA 45 Schnackenberg Matthew Managing Director/Partner PFM II LLC Minneaplis, MN 46 Shearer Scott Managing Director/Partner PFM II LLC Harrisburg, PA 47 Shellenberger Peter Managing Director/Partner PFM II LLC San Francisco, CA 48 Stauder Paul Managing Director/Partner PFM II LLC Ann Arbor, MI 49 Stewart Geoffrey Managing Director/Partner PFM II LLC Philadelphia, PA 50 Toepfer Thomas Managing Director/Partner PFM II LLC Seattle, WA 51 Waley Dennis Managing Director/Partner PFM II LLC Austin, TX 52 Watson Nate Managing Director/Partner PFM II LLC Ann Arbor, MI 53 Wilder Brent Managing Director/Partner PFM II LLC Orlando, FL 54 Willard Zachary Managing Director/Partner PFM II LLC Harrisburg, PA Page 1 of 1 Reference Letters ASSEMBLY Doraville, USA February 15, 2023 Mr. Charles Johnson Senior Procurement Contracting Officer City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Dear Mr. Johnson: PFM Group Consulting, LLC ("PFM") contacted us for a reference associated with the City of Miami's Solicitation RFQ 1414387 regarding Economic Impact and Feasibility Analysis Consultant Pool. The Assembly Community Improvement District (CID) ("CID") is providing the reference herein. The CID has worked (and continues to work) with PFM regarding the development of its studio -based mixed -use project within the CID. PFM provided an economic impact analysis of the proposed project to DeKalb County and a fiscal impact of the project to the City of Doraville, Georgia. In addition, PFM provided a detailed revenue analysis associated with proposed project which details the sources of revenue available fore repayment of the CID's Series 2022 Bonds. PFM is engaged by the CID to provide an annual update to the revenue analysis associated with the Series 2022 Bonds issuance. PFM has been a mindful and collaborative partner with the CID and was instrumental in supporting the CI Ds financing of the project infrastructure. PFM's work has provided actionable project insights and continues to bring value to the CID with respect to development of the project. Please feel free to contact me with any questions you may have. Sincerely, j\\ Nicole M. Hall Assembly CID Administrator Nickel Works Consulting 678.525.2500 CITY OF PORT ST. L UCIE Community Redevelopment Agency February 14, 2023 Charles Johnson Senior Procurement Contracting Officer City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Re: PFM Group Consulting, LLC Dear Mr. Johnson: Consistent with the reference criteria associated with the City of Miami's solicitation regarding Economic Impact and Feasibility Analysis Consultant Pool (RFQ #1414387), the Community Redevelopment Agency ("CRA") of the City of Port St. Lucie, Florida ("City") is providing the reference herein. The CRA has worked with PFM Group Consulting, LLC ("PFM") regarding the varying stages of development of the City Center Master Plan ("CCMP") since 2020. PFM has provided financial feasibility and market study work on the project to date. They continue to actively work on the development of the CCMP by providing economic impact and fiscal impact analyses associated with the master plan. PFM has been a mindful, collaborative and responsive partner with the CRA, City and the CCMP project team. PFM's work has provided actionable project insights and continues to bring value to the CRA and the City with respect to development of the CCMP. Please feel free to reach out to me at 772-344-4342 or JDavis@CityofPSL.com if you have any additional questions. erely, Jennier Davis Direc or, Community Redevelopment Agency 121 SW Port St. Lucie Boulevard • Port St. Lucie ■ FL 34984-5099 ■ 772.871.5212 City of Riviera Beach, Florida Finance & Administrative Services 600 W. Blue Heron Blvd., Suite Cl 14 Riviera Beach, FL 33404 Web: www.rivierabeach.org Office:561-845-4040 Email: finance@rivierabeach.org February 27, 2023 Mr. Charles Johnson Senior Procurement Contracting Officer City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Dear Mr. Johnson: Consistent with the reference criteria associated with the City of Miami's Solicitation RFQ 1414387regarding Economic Impact and Feasibility Analysis Consultant Pool, the City of Riviera Beach, Florida ("City") is providing the reference herein. The City has worked with PFM Group Consulting, LLC ("PFM") regarding the development of our City's Riviera Beach Marina Village ("RBMV"). PFM provided economic impact and fiscal impact analyses associated with elements of the project and provided market study work regarding the market rate apartment element of the project. PFM's work was important in providing proper vetting of the Developer's proposal to the City. PFM was and continues to be a willing and collaborative partner with the City regarding the RBMV. Please feel free to contact me with any questions you may have. Sincerely, Randy Sherman Director of Finance and Administrative Services City of Riviera Beach "The Best Waterfront City in Which to Live, Work And Play." ilVIERAHEACII 20,0 STRATEGIC 1 FOCUS AREAS Orange County Convention Center Mailing Address: P 0. Box 691509 Orlando, Florida 32869-1509 Express Mail Deliveries: 9860 Universal Boulevard Orlando, Florida 32819-8199 Tel: (407) 685-9800 Toll Free: (800) 345-9845 www.occc.net Business Division Tel: (407) 685-9829 Fax: (407) 685-9858 Dining Services Division Tel: (407) 685-9850 Fax: (407) 685-9859 Event Operations Division Tel: (407) 685-5869 Fax: (407) 685-9886 Facility Operations Division Tel: (407) 685-7112 Fax: (407) 685-7313 Information Services Division Tel: (407) 685-5817 Fax: (407) 685-1372 Sales, Marketing and Event Management Division Tel: (407) 685-5710 Fax: (407) 685-9876 Security and Transportation Division Tel: (407) 685-5856 Fax: (407) 685-5728 February 24, 2023 Mr. Charles Johnson Senior Procurement Contracting Officer City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Dear Mr. Johnson: Consistent with the reference criteria associated with the City of Miami's Solicitation RFQ 1414387regarding Economic Impact and Feasibility Analysis Consultant Pool, Orange County Convention Center (OCCC) is providing the reference herein. OCCC has worked (and continues to work) with PFM Group Consulting, LLC ("PFM") regarding the preparation of the Fiscal and Economic Impact Analysis of the Orange County Convention Center. PFM has periodically prepared the Fiscal And Economic Impact Report for OCCC (every five years) since 2002 and is currently under contract with OCCC/Orange County to conduct the 2022 analysis. PFM has been a mindful and collaborative partner with OCCC. PFM's work provides valuable information used by OCCC on an ongoing basis. PFM continues to bring value to the OCCC with respect to preparation of the Fiscal and Economic Impact Analysis of the Orange County Convention Center. Please feel free to contact me with any questions you may have. Sincergiy, n E. Schmidt, CPPB ontract Management Administrator Fiscal & Operations Support Division ORANGE COUNTY CONVENTION CENTER Ph: (407) 685-5822 Fax: (407) 685-9858 John. Schmidtoccc. net aMI 16" aS e M E M B E R ILAA 1 a TAE llb ) Sample Study pfm RIVIERA BEACH MARINA VILLAGE ELEMENT 7 AND ELEMENT 8 ECONOMIC IMPACT, FISCAL IMPACT AND MARKET ANALYSIS Prepared For: Rivera Beach Community Redevelopment Agency Prepared on October 21, 2022 PFM Group Consulting LLC 3051 Quadrangle Blvd., Suite 270 Orlando, FL 32817 Executive Summary PROJECT SUMMARY • The Riviera Beach Community Redevelopment Agency ("CRA") has entered into a partnership with developers APD Solutions and Tezral Partners to update the Riviera Beach Marina Village ("RBMV") Master Plan. The updated plan includes 9 Elements of development. The City of Riviera Beach ("City" and/ or "Client") requested PFM Group Consulting LLC ("PFM") provide an economic and fiscal impact analysis for Element 7 (market rate apartments) and Element 8 (affordable, low- income housing credit ("LIHC") apartments), (collectively, the "Project" and/or "Marina Village"). In addition, the Client requested a market analysis of the residential rental product within the market to compare to assumptions within the Element 7 pro forma as provided by the Developer. • The RBMV Master Plan includes 9 total Elements. Element 0 is the existing Marina Event Center. Elements 1-4 will be dining and retail development, led by APD Solutions. Element 5 will be Marketplace Retail. Element 6 will be a hotel and a public parking garage. Element 7 will consist of market rate apartments and Element 8 will be affordable, LIHC apartments with dedicated surface parking. It's important to note that the RBMV Master Plan is envisioned as a mixed -use project. • At this time, Element 7 and Element 8 are moving forward independent of the non-residential elements of the RBMV master plan. This introduces the risk of the overall RBMV not building out consistent with the initial vision of the mixed -use master plan of residential development complimented by waterfront retail. In addition, the approval of these residential elements creates additional uncertainty with respect to how to move forward with structured parking (875 parking spaces with an estimated cost of $33.7 million) that would likely service residential demand, but also the proposed retail demand of the RBMV, for which there is no identified agreements with respect to development timing, volumes and overall mix of retail end -users. • The intended purpose of this report is to determine and provide the following: 1) a summary of the economic impact of Element 7 — the Market Rate Apartments, 2) a summary of the economic impact of Element 8 — the Affordable Workforce Housing, 3) a market analysis summary of apartment rental rates, and 4) a summary of the fiscal impact analysis of Element 7 and Element 8 to the City of Riviera Beach. ECONOMIC IMPACT SUMMARY • The economic impacts provided are analyzed at the Palm Beach County level. It's important to note that while the specific estimated economic impacts of Element 7 and Element 8 to Riviera Beach have not been estimated (given the current limitation of the modeling software), the City will capture a modest allocation of the estimated countywide economic impacts. Ultimately, the nature of household spending patterns and the "leakage" of dollars incrementally reduces the overall economic impacts to the City. • Element 7 is estimated to generate an annual average of 536 direct construction jobs each with an average annual economic impact of $48 million during the construction period. Total wages are projected at $32.8 million annually. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project's construction is estimated to total 675 employees with earnings of $39.8 million. The average annual economic output from the construction is projected at $69.4 million. • Element 8 is estimated to generate an annual average of 144 direct construction jobs each with an average annual economic impact of $12.9 million during the construction period. Total wages are projected at $8.8 million annually. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project's construction is estimated to total 181 employees with earnings of $10.7 million. The average annual economic output from the construction is projected at $18.6 million. • For Element 7, an average of 12 ongoing direct jobs each year generates a direct average annual economic impact at buildout of $1.8 million. Total direct wages are projected at $588 thousand annually. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project's ongoing operation is projected to reach 216 employees with earnings of $9.9 million. The average annual economic output from the Project is estimated at $33.1 million. • For Element 8, an average of 8 ongoing direct jobs each year generates a direct average annual economic impact at buildout of $1.2 million. Total direct wages are projected at $387 thousand annually. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project's ongoing operation is projected to reach 49 employees with earnings of $2.4 million. The average annual economic output from the Project is estimated at $7.4 million. Figure 1. Element 7 Economic Impacts Avg. Annual Economic Output from Construction $33,139,466 Construction Jobs: 675 per Year Construction Wages: $39, 818, 924 ./ Marina Village Development, Element 7 Construction Employment at Site: 536 Operating Employment at Site: 12 Annual Direct Economic Output: $1,842,680 Direct Jobs: 12 Annual Wages: $587,979 2 Figure 2. Element 8 Economic Impacts Avg. Annual Economic Output from Construction $18, 640,400 Construction Jobs: 181 per Year Construction Wages: $10,701,336 FISCAL IMPACT SUMMARY Marina Village Development, Element 8 Construction Employment at Site: 144 Operating Employment at Site: 8 Annual Direct Economic Output: $1,224,607 Direct Jobs: 8 Annual Wages: $387,450 • The fiscal impacts are those that directly impact a local government's budget. The real estate rental businesses and households in the Marina Village residential project pay taxes and make other payments to the government that are used to provide general governmental services to the residents, businesses and the employees. Fiscal Impacts Property Tax Sales Tax Gas Taxes Utility Taxes Franchise Fees Permits Ground Lease Marina Village Residents & Employees Local Government Government Services General Government Police Roads/Transportation Stormwater/Drainage Municipal Court Parks & Recreation Library • The Marina Village residential development is projected to have a net taxable value of $190.1 million and generate $1.58 million in ad valorem revenue for the City by 2029. The annual net fiscal benefit to the City is projected to be $269,225 per year after build -out (see Table E1). 3 Table El. Marina Village Project — Net Fiscal Impact Taxable Total Operating Total Operating Net Fiscal Year Value Ad Valorem Revenue Expenditure Impact 2029 $190,118,353 $1,587,488 $2,468,724 $2,199,499 2034 $199,816,299 $1,668,466 $2,619,920 $2,369,485 2039 $210,008,939 $1,753,575 $2,883,649 $2,552,608 2044 $220,721,505 $1,843,025 $3,065,764 $2,749,884 Source: PFM Group Consulting LLC • The Project will also generate significant capital impact fee revenue. (see Table E2). Table E2. Impact Fee Revenue Workforce Impact Fee Market Units Units Total Roads $596,106 $176,580 $772,686 Law Enforcement $46,184 $12,523 $58,707 Fire $143,313 $41,253 $184,566 Parks $514,862 $149,857 $664,718 Library $99,634 $28,999 $128,634 Public Buildings $55,401 $16,128 $71,530 Total Capital Revenue $1,455,500 $425,340 $1,880,841 Source: PFM Group Consulting LLC $269,225 $250,435 $331,041 $315,880 • There are proposed partial tax abatements to encourage development in the Marina Village with respect to Element 7 and Element 8. Initial projections are that the City abatement for the residential projects will return about $20.5 million to the Developer over the abatement period(s). • Element 7 includes a proposed $6 million dollar grant and Element 8 includes a proposed $1.5 million interest free loan, repayable in Year 50. To generate the $7.5 million requires financing which generates an estimated $3.5 million in interest costs. In addition, the appraised value of the Element 7 acreage is estimated at $4 million. Given the nature of the proposed agreement to date, the appraised value of the property is not recaptured at the time of close or at the time of the sale of Element 7 to a third party. MARKET ANALYSIS SUMMARY • With respect to the nature of the transaction, it is important to note that the per the information provided via the Developer, Element 7 development costs are estimated at $160 million and the sale proceeds from the sale of Element 7 at stabilization in Year 5 are estimated at $192.4 million. A large component of the $32.4 million in profits is associated with the future tax abatements. While the CRA has negotiated a 0.75% participation fee, it is an increment of the value of future abatements. • PFM compared the market data of the 5-mile market and top five performers in the market to the assumptions and information provided in the Developer's Element 7 pro forma document (Table E3). 4 • The data indicates that the Element 7 apartment unit sizes are consistent with the overall 5-mile market averages. The Element 7 pro forma indicates an assumption of 5% vacancy, which may be low compared to overall market performance. Lastly, the rental rate targets of Element 7 are more consistent with the top five apartment projects within the 5-mile market which tend to offer smaller units with an average rent per square foot ranging from $3.04 to $3.83 per square foot. Table E3. Apartment Metrics - Market to Element 7 Comparison 5-Mile Market Comparables Type Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Unit Mix Avg. % Studio $2,560 959 3.26 2.61 467 7.0% 1-bedroom $2,208 772 2.88 7.71 2,602 38.7% 2-bedroom $2,785 1,132 2.46 7.74 2,874 42.8% 3-bedroom $3,307 1,398 2.36 8.95 772 11.5% Average / Total $2,715 1,065 2.74 6.75 6,715 Source: CoStar $/SQFT* 2022 2023 2024 2025 $2.74 $2.82 $2.90 $2.99 *increased current rental rate at 3% annually - observed annual rental growth rate for the 5-mile market Element 7 Type Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Unit Mix Avg. % 1-bedroom $2,161 720 $3.00 5.00 168 42.1% 2-bedroom $3,375 1,125 $3.00 5.00 166 41.6% 3-bedroom $4,215 1,405 $3.00 5.00 65 16.3% Average / Total $3,001 1,000 $3.00 5.00 399 - Source: Developer Too 5 Performers within 5-Mile Market Comoarables Property Name Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Oversea at Flagler Banyan Sq $3,037 875 $3.47 7.75 251 Loftin Place $2,569 823 $3.12 6.29 259 Park -Line Palm Beaches $3,635 950 $3.83 6.02 290 Avalon West Palm Beach $2,580 849 $3.04 3.8 290 Sole at City Center $3,078 816 $3.77 6.56 317 Average $2,980 863 $3.45 6.08 281 Source: CoStar • PFM's analysis indicates that the performance of the top five apartment projects is 15% higher (avg. rent per square foot of $3.45) in the local market, compared to the assumed $3.00 per square foot provided in the Developer pro forma for Element 7. To the extent that the Element 7 outperforms its projections, the City/CRA should evaluate additional provisions regarding repayment of any grants (and appraised value of the underlying land) provided at the time of Element 7's sale at stabilization. 5 1.0 Introduction 1.1 Scope Overview The Riviera Beach Community Redevelopment Agency ("CRA") has entered into a partnership with developers APD Solutions and Tezral Partners to update the Riviera Beach Marina Village ("RBMV") Master Plan. The updated plan includes 9 Elements of development ("Project"). The City of Riviera Beach ("Client") requested PFM Group Consulting LLC ("PFM") provide an economic and fiscal impact analysis for Element 7 (399-unit market rate apartment complex) and Element 8 (135-unit affordable, low-income housing credit ("LIHC") apartment complex), (collectively, the "Project"). In addition, the Client requested a brief market analysis of residential rental product within the market to compare to assumptions within the Element 7 pro forma as provided by the Developer. It's important to note that the structured parking adjacent to Element 7 is separate improvement to Element 7. Map 1 provides a preliminary site plan for the Project. Map 1. Preliminary RBMV Site Plan Bicentennial Park ,ARISING GARAGE RESIDENTIAL: 610 J E LIC: 572 spares Source: Developer 6 2.0 Economic Impacts 2.1 Overview The Project impacts the local economy in several ways. In this case, the economic impacts are calculated for Palm Beach County. An economic impact analysis addresses the impacts of a proposed development on jobs, economic output, and wages. These impacts can be both directly and indirectly generated by a development. A direct economic impact is generated from residential household spending and workers directly employed by the apartment complex, wages earned by those workers, and money spent in the community by the company. The expenditures for goods and services made by the Project generate sales and employment by those companies. This is called the indirect economic impacts. In addition, the money spent in the community by the employee households also creates sales and employment and is referred to as an induced economic impact. This process of circulating money throughout the local economy is also referred to as the "ripple" or "multiplier" effect whereby money spent by the original company is re -spent throughout the economy. The economic impacts are generated by the expenditures made for goods and services by the Project within the City. The on -going Project employee household's spending also generate significant economic activity as this spending is multiplied throughout Riviera Beach. The City does not directly receive economic impacts into their budget. These economic impacts represent economic activity, sales, and jobs within the specified region. 2.2 Methodology - IMPLAN PFM conducted an economic impact analysis of the Project operations at buildout. This study includes the economic impacts of the market rate and workforce residential development. The economic impact of the short-term construction activity associated with Project development and construction is also included in this study. PFM uses the IMPLAN (IMpact Analysis for PLANning) modeling system to estimate the economic impacts of the Project operations. A summary of IMPLAN is provided herein: "IMPLAN's Social Accounting Matrices (SAMs) capture the actual dollar amounts of all business transactions taking place in a regional economy as reported each year by businesses and governmental agencies. SAM accounts are a better measure of economic flow than traditional input-output accounts because they include "non - market" transactions. Examples of these transactions would be taxes and unemployment benefits. Multipliers Social Accounting Matrices can be constructed to show the effects of a given change on the economy of interest. These are called Multiplier Models. Multiplier Models study the impacts of a user -specified change in the chosen economy for 440 different industries. Because the Multiplier Models are built directly from the region -specific Social Accounting Matrices, they will reflect the region's unique structure and trade situation. Multiplier Models are the framework for building impact analysis questions. Derived mathematically, these models estimate the magnitude and distribution of economic impacts, and measure three types of effects which are displayed in the final report. These are the direct, indirect, and induced changes within the economy. Direct effects are determined by the Event as defined by the user (i. e., a $10 million dollar order is a $10 million -dollar direct effect). The indirect effects are determined by the amount of the direct effect spent within the study region on supplies, services, labor and taxes. Finally, the induced effect measures the money that is re -spent in the study area as a result of spending from the indirect effect. Each of these steps recognizes an important leakage from the economic study region spent on purchases outside of the defined area. Eventually these leakages will stop the cycle."' 1 IMPLAN V3.1.1001; Minnesota Implan Group, Inc. 7 The total economic impact has three primary contributors: • Direct Impacts are those generated from the actual employment and local spending by the Marina Village project. • Indirect Impacts are generated from the employment and local spending that is the result of the Marina Village project spending on goods and services. • Induced Impacts are those generated from the household spending of both the direct and indirect employee households. This analysis was limited in scope to the determination of the economic impacts from Project's local expenditures and employment. 2.3 Economic Impact Analysis Methodology - Project The economic impact assessment methodology consists of two basic steps. 1) Determine the Project expenditures within the Palm Beach County and input into the IMPLAN economic impact model. 2) Determine the local construction expenditures and input into the IMPLAN economic impact model. Project construction values for both Element 7 and Element 8 were provided by the Developer. This construction value data was input into the IMPLAN "Industry Output" activity to determine the employment, wages and total economic output. Project on -going employment was estimated by PFM via the Project development volumes and information provided by the Developer regarding household income. The Project's average annual employment at buildout in 2025 for Element 7 and buildout in 2027 for Element 8 was applied to forecast the annual economic impacts of each component of the Project. This household income data was input into the IMPLAN "Household Income" activity to determine the employment, wages and total economic output. 2.4 Element 7 — Project Construction Impacts — Annual Impact on Palm Beach County Element 7 is anticipated to begin construction at the beginning of 2023. The construction process is estimated to continue through 2025. The economic impacts of the construction phase are generated by the purchase of materials and labor within Palm Beach County. Based on the estimated construction value, the average annual construction employment through the Project's development is estimated at 675 employees (536 direct employees). The majority of employment is associated with the construction of new multi -family space. Table 1 summarizes the average annual construction impacts during the construction period while Table 2 provides a detailed breakdown of construction employment by category for the top 15 categories impacted. 8 Table 1: Element 7 Construction — Average Annual Economic Impact Impact Employment Labor Income Value Added Output 1 - Direct 536 $32,829,353 $38,843,321 $48,000,000 2 - Indirect 36 $1,974,330 $3,332,349 $5,775,106 3 - Induced 103 $5,015,241 $9,349,054 $15,584,521 Total 675 $39,818,924 $51,524,724 $69,359,627 Source: PFM Group Consulting LLC and IMPLAN Table 1 shows the average of 536 direct construction jobs each year generates a direct average annual economic impact of $48 million during the construction period. Total wages are projected at $32.8 million. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project construction is projected to reach 675 employees with earnings of $39.8 million. The average annual economic output for Palm Beach County from the construction is projected at $69.4 million. Table 2 provides a detailed breakdown of the largest employment categories impacted by the construction of the Project. Table 2: Element 7 Construction — Estimated Employment by Category Industry Display Total Impact Employment 58 - Construction of new multifamily residential structures 536 405 - Retail - Building material and garden equipment and supplies stores 14 509 - Full -service restaurants 8 447 - Other real estate 7 483 - Offices of physicians 5 510 - Limited -service restaurants 5 490 — Hospitals 5 472 - Employment services 4 406 - Retail - Food and beverage stores 4 411 - Retail - General merchandise stores 3 412 - Retail - Miscellaneous store retailers 3 511 - All other food and drinking places 2 517 - Personal care services 2 491 - Nursing and community care facilities 2 488 - Home health care services 2 TOTAL 603 Source: PFM Group Consulting LLC and IMPLAN 2.5 Element 8 — Project Construction Impacts — Annual Impact on Palm Beach County Element 8 is anticipated to begin construction at the beginning of 2025. The construction process is estimated to continue through 2027. The economic impacts of the construction phase are generated by the purchase of materials and labor within Palm Beach County. Based on the estimated construction value, the average annual construction employment through the Project's development is estimated at 181 employees (144 direct employees). The majority of employment is associated with the construction of new multi -family space. Table 3 summarizes the average annual construction impacts during the construction period while Table 4 provides a detailed breakdown of construction employment by category for the top 15 categories impacted. 9 Table 3: Element 8 Construction — Average Annual Economic Impact Impact Employment Labor Income Value Added Output 1 - Direct 144 $8,822,889 $10,439,143 $12,900,000 2 - Indirect 10 $530,601 $895,569 $1,552,060 3 - Induced 28 $1,347,846 $2,512,558 $4,188,340 Total 181 $10,701,336 $13,847,270 $18,640,400 Source: PFM Group Consulting LLC and IMPLAN Table 3 shows the average of 144 direct construction jobs each year generates a direct average annual economic impact of $12.9 million during the construction period. Total wages are projected at $8.8 million. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project construction is projected to reach 181 employees with earnings of $10.7 million. The average annual economic output for the County from the construction is projected at $18.6 million. Table 4 provides a detailed breakdown of the largest employment categories impacted by the construction of the Project. Table 4: Element 8 Construction — Estimated Employment by Category Industry Display Total Impact Employment 58 - Construction of new multifamily residential structures 144 405 - Retail - Building material and garden equipment and supplies stores 4 509 - Full -service restaurants 2 447 - Other real estate 2 483 - Offices of physicians 1 510 - Limited -service restaurants 1 490 - Hospitals 1 472 - Employment services 1 406 - Retail - Food and beverage stores 1 411 - Retail - General merchandise stores 1 412 - Retail - Miscellaneous store retailers 1 511 - All other food and drinking places 1 517 - Personal care services 1 491 - Nursing and community care facilities 1 488 - Home health care services 1 TOTAL 162 Source: PFM Group Consulting LLC and IMPLAN 10 2.6 Element 7 — Project Ongoing Economic Impact — Annual Impact on Palm Beach County The ongoing economic impacts of the Project are generated by functioning businesses within the Project which impact Palm Beach County. At buildout PFM has estimated Element 7's average annual direct employment of 216 employees (12 direct employees). Table 5 summarizes the average annual ongoing impacts at buildout while Table 6 provides a detailed breakdown of ongoing employment by category. It's important to note that most impacts via Element 7 are induced impacts via the purchasing power of the new residents, which is estimated at $43.2 million annually. Table 5: Element 7 Ongoing - Average Annual Economic Impact Impact Employment Labor Income Value Added Output 1 - Direct 12 $587,979 $1,107,348 $1,842,680 2 - Indirect 1 $35,361 $94,999 $221,701 3 - Induced 203 $9,951,106 $18,712,633 $31,075,086 Total 216 $10,574,446 $19,914,980 $33,139,466 Source: PFM Group Consulting LLC and IMPLAN Table 5 shows the average of 12 direct jobs each year generates a direct average annual economic impact at buildout of $1.8 million. Total direct wages are projected at $588 thousand annually. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project's ongoing operation is projected to reach 216 employees with earnings of $10.6 million. The average annual economic output for Palm Beach County from the Project is estimated at $33.1 million. Table 6 summarizes the top 15 employment categories impacted by Element 7 on an on -going basis. Table 6: Element 7 Ongoing Operations — Estimated Employment by Category Total Impact Industry Display Employment 509 - Full -service restaurants 14 483 - Offices of physicians 12 490 — Hospitals 12 510 - Limited -service restaurants 11 447 - Other real estate 8 406 - Retail - Food and beverage stores 7 411 - Retail - General merchandise stores 6 488 - Home health care services 6 491 - Nursing and community care facilities 5 517 - Personal care services 5 472 - Employment services 4 511 - All other food and drinking places 4 412 - Retail - Miscellaneous store retailers 4 409 - Retail - Clothing and clothing accessories store 4 512 - Automotive repair and maintenance, except car washes 4 TOTAL 106 Source: PFM Group Consulting LLC and IMPLAN 11 2.6 Element 8 — Project Ongoing Economic Impact — Annual Impact on City of Riviera Beach The ongoing economic impacts of the Project are generated by functioning businesses within the Project which impact Palm Beach County. At buildout PFM has estimated Element 7's average annual direct employment of 49 employees (8 direct employees). Table 7 summarizes the average annual ongoing impacts at buildout while Table 8 provides a detailed breakdown of ongoing employment by category. It's important to note that most impacts via Element 8 are induced impacts via the purchasing power of the new residents, which is estimated at $8.4 million annually. Table 7: Element 8 Ongoing -Average Annual Economic Impact Impact Employment Labor Income Value Added Output 1 - Direct 8 $387,450 $732,328 $1,224,607 2 - Indirect 1 $23,301 $62,826 $147,338 3 - Induced 40 $1,944,221 $3,656,025 $6,071,368 Total 49 $2,354,972 $4,451,178 $7,443,313 Source: PFM Group Consulting LLC and IMPLAN Table 7 shows the average of 8 direct jobs each year generates a direct average annual economic impact at buildout of $1.2 million. Total direct wages are projected at $387 thousand annually. The indirect impacts from this spending and the induced impacts from the employee spending will generate additional employment. Total average annual employment generated from the Project's ongoing operation is projected to reach 49 employees with earnings of $2.4 million. The average annual economic output for Palm Beach County from the Project is estimated at $7.4 million. Table 8 summarizes the top 15 employment categories impacted by Element 8 on an on -going basis. Table 8: Element 8 Ongoing Operations — Estimated Employment by Category Total Impact Industry Display Employment 509 - Full -service restaurants 3 483 - Offices of physicians 2 490 — Hospitals 2 510 - Limited -service restaurants 2 447 - Other real estate 2 406 - Retail - Food and beverage stores 1 411 - Retail - General merchandise stores 1 488 - Home health care services 1 491 - Nursing and community care facilities 1 517 - Personal care services 1 472 - Employment services 1 511 - All other food and drinking places 1 412 - Retail - Miscellaneous store retailers 1 409 - Retail - Clothing and clothing accessories store 1 512 - Automotive repair and maintenance, except car washes 1 TOTAL 21 Source: PFM Group Consulting LLC and IMPLAN 12 3.0 Fiscal Impacts of Element 7 and Element 8 to the City 3.1 Overview of Fiscal Impacts and Methodology Fiscal impacts refer to the actual impact that residents, employees, visitors and building structures have on the local government. These impacts include revenues generated by taxes, fees and other charges; and expenditures for government provided services such as police, fire, public works, recreation, culture, the courts and etcetera. This fiscal impact analysis looks at the land, building and equipment taxable values, the residents, and the full-time equivalent employee population and calculates the projected revenues generated for the City and the projected expenditures to be made by the City, based upon the City operating budget. 3.2 Taxable Property Values The Marina Village is a mixed -use project that will ultimately generate significant ad valorem revenue for the City. This analysis includes only the residential component. The pricing of the multifamily units will vary between the market rate units and the workforce housing units. We have projected the taxable value of these units at 90 percent of their projected construction costs. Based upon the projected development program, the residential portion of the Marina Village development is projected to have a taxable value of $190.1 million by 2029 (Table 9, detailed in Appendix Table 2). The taxable values are offset by one year from initial occupancy to account for the timing of their appearance on the tax roll. Table 9: Taxable Value and Property Tax Summary Year Taxable Value Ad Valorem 2029 $190,118,353 $1,587,488 2034 $199,816,299 $1,668,466 2039 $210,008,939 $1,753,575 2044 $220,721,505 $1,843,025 Source: PFM Group Consulting LLC 3.3 Operating Fiscal Impacts — City of Riviera Beach Table 8 provides a summary of the fiscal impacts of the Marina Village development on the City of Riviera Beach's operating budget in five-year increments (yearly details are provided in Appendix Tables 2 through 4). Table 10 shows that the annual operating ad valorem tax payable the City after buildout and stabilization, in 2029, is approximately $1.58 million. The City will also receive other revenues generated by the rental businesses, households, and building structures. These include the ground lease, sales tax, franchise fees, excise tax, permit fees and charges for service. Details for each of these revenue sources are provided in Appendix Table 4. Details of the ground lease revenue are provided in Appendix Table 3. Total annual revenues flowing from the Marina Village development to the City are estimated at approximately $2.46 million in 2029. 13 Table 10: Operating Fiscal Impacts Summary — City of Riviera Beach Taxable Year Value Total Operating Total Operating Net Fiscal Ad Valorem Revenue Expenditure Impact 2029 2034 2039 2044 2049 2054 $190,118,353 $199,816,299 $210,008,939 $220,721,505 $231,980,520 $243,813,858 $1,587,488 $1,668,466 $1,753,575 $1,843,025 $1,937,037 $2, 035, 846 $2,468,724 $2,619,920 $2, 883, 649 $3,065,764 $3,260,158 $3,467,718 $2,199,499 $2,369,485 $2,552,608 $2,749,884 $2,962,406 $3,191,353 $269,225 $250,435 $331,041 $315,880 $297,752 $276,366 Source: PFM Group Consulting LLC Expenditures will be made by the City on behalf of the residents and employees of the Marina Village development. These expenditures include general government services, police, fire, transportation, public works, recreation, library, etcetera. Details for each of these expenditures are provided in Appendix Table 4. These expenditures are based on the City's current Budget and are estimated to be $2.19 million in 2029. The net fiscal impact is the difference between the revenues generated for the City and the projected expenditures made on behalf of Project's residents and employees. Based upon the City's current Budget, the 2029 net operating fiscal impact is projected to be a positive $269,225. The Marina Village market rate and workforce residential projects are projected to have a positive impact on the City's operating budgets. The Marina Village residential projects will result in many residents living within the redevelopment area and will provide workforce house for many local workers. These new households will generate sales for neighborhood businesses. 3.4 Capital Revenue — Impact Fee Calculations The City of Riviera Beach collects impact fees for Roads, Police, Fire services, Parks, Libraries and Public Buildings. Table 11 shows the impact fees projected for both the market -rate units and the workforce units based upon the current fee schedule. The City is projected to collect total impact fees of $1.8 for the residential development. Table 11: Impact Fees Impact Fee Roads Law Enforcement Fire Parks Library Public Buildings Total Capital Revenue Market Units $596,106 $46,184 $143,313 $514,862 $99,634 $55,401 $1,455,500 Workforce Units Total $176,580 $772,686 $12,523 $58,707 $41,253 $184,566 $149,857 $664,718 $28,999 $128,634 $16,128 $71,530 $425,340 $1,880,841 Source: PFM Group Consulting LLC 14 3.5 Tax Abatement The City, in order to encourage redevelopment in the Marina Village, has preliminarily offered property tax abatement for the proposed residential projects. The tax abatement is for a period of 15 years and is equal to 85 percent of the taxes payable on the market -rate units and 100 percent of the taxes payable on the workforce units. Table 12 provides the projections of real property tax ad valorem revenue that will be returned to the developers as a result of this agreement. These initial projections show that the market -rate units will generate approximately $15.5 million in abatements, and that the workforce units will generate just under $5.0 million over their respective 15-year periods. The table assumes that the abatement period begins at the first year of occupancy of each of the residential product. This table does not include the potential abatement derived from Tangible Personal Property Taxes. Table 12: Tax Abatement Projections Abatement Workforce Year Market Units Units Total 2025 -$103,226 $0 -$103,226 2026 -$1,032,260 $0 -$1,032,260 2027 -$1,042,583 $0 -$1,042,583 2028-$1,053,009-$332,937 -$1,385,945 2029-$1,063,539-$336,266' -$1,399,805 2030-$1,074,174-$339,629 -$1,413,803 2031 -$1,084,916-$343,025' -$1,427,941 2032 -$1,095,765 -$346,455 "-$1,442,220 2033-$1,106,723-$349,920'' -$1,456,643 2034 -$1,117,790 -$353,419 -$1,471,209 2035-$1,128,968-$356,953/ -$1,485,921 2036 -$1,140,258 -$360,523 $1,500,780 2037 -$1,151,660 -$364,128 "f-$1,515,788 2038-$1,163,177-$367,769 -$1,530,946 2039 -$1,174,809 -$371,447 yf-$1,546,255 2040 $0-$375,161 -$375,161 2041 $0-$378,913'' -$378,913 Total -$15,532,857 -$4,976,544 -$20,509,401 Source: PFM Group Consulting LLC 3.6 Modified Per Capita Methodology A variety of methods exist for quantifying the revenue impacts flowing from a development opportunity such as the one presented here. The approach used in this report is the modified per capita approach. This approach calculates actual projected revenues and expenditures for fixed revenues and expenditures, such as property taxes and ground lease revenue, and uses a per capita calculation for the remaining budgetary line items. The per capita approach involves the calculation of revenues using the latest published financial reports for the appropriate population basis (i.e., per person, per employee, per person plus employee, etc.). Ad Valorem and some other fees and tax revenues for the project are usually estimated directly. 15 From an economic perspective the per capita approach is equivalent to assuming that average revenue generation applies to the particular situation being evaluated. This is a reasonable assumption in most cases for two reasons. First, local governments must run balanced budgets, so that current costs and current revenues balance and are appropriate for current circumstances. Second, assuming that long run averages apply, this means that any excess capacity is maintained in the various systems and not allocated to the project. Furthermore, there is nothing peculiar about the location or the type of Project that indicates that per capita parameters estimated from the latest budgets would not be reflective of actual costs and revenues. 3.7 Marina Village Project Fiscal Impact Calculations Property taxes were calculated based upon the taxable property value and the current Millage rate of 8.35 Mills. The taxable values for each parcel and land use were determined using 90 percent of the Developer's estimated construction costs. The millage rates used in this analysis was the listed rate for fiscal year 2022. Most other revenues and expenditures were made from the per capita methodology and the individual City of Riviera Beach's Operating Budget. The Budget revenues and expenditures from the City's General Fund were divided by the full-time equivalent ("FTE") city population plus the FTE city employment and, where appropriate, the FTE hotel visitors to provide the per capita amount used for each resident/employee/visitor. The revenues and expenditures associated with the Marina Village project were then calculated by multiplying the number of residents plus FTE employee -residents by the per capita revenue and expenditure amounts from the City Budget. The residents and employees generated by the Marina Village residential project are provided in Appendix Table 1. 16 4.0 Apartment Market Analysis — Market Rate 4.1 5-Mile Radius Palm Beach County Market Apartment Competition Using CoStar, PFM identified 21 apartment projects within a 5-mile radius of the RBMV Site. These properties are identified and summarized in Table 13 and Map 2. This market analysis focused on the competition in relation to Element 7. A separate Element 8 LIHC apartment project analysis was not conducted. Table 13. 5-Mile Radius Market Apartment Comparables ID Property Name Street Address City State Zip Units Year Built 1 312 Northwood 312 23rd St West Palm Beach FL 33407 99 2017 2 Solera at City Centre 2100 Pga Blvd Palm Beach Gardens FL 33408 136 2021 3 The Whitney 410 Evernia St West Palm Beach FL 33401 210 2007 4 Royal St. George 1651 Brandywine Rd West Palm Beach FL 33409 224 1995 5 Village at Mangonia Lake 2201 N Australian Ave West Palm Beach FL 33407 239 2019 6 Fairway Vista 1951 Brandywine Rd West Palm Beach FL 33409 250 1999 7 Oversea at Flagler Banyan Square 290 N Olive Ave West Palm Beach FL 33401 251 2020 8 Loftin Place 805 N Olive Ave West Palm Beach FL 33401 259 2016 9 City Palms 480 Hibiscus St West Palm Beach FL 33401 274 2008 10 Broadstone Locklyn 3590 Village Blvd West Palm Beach FL 33407 280 2022 11 The Strand 255 Evernia St West Palm Beach FL 33401 282 2002 12 Cortland West Palm 290 Courtney Lakes Cir West Palm Beach FL 33401 282 2014 13 Park -Line Palm Beaches 591 Evernia St West Palm Beach FL 33401 290 2018 14 Avalon West Palm Beach 333 Fern St West Palm Beach FL 33401 290 2018 15 Vue at 1400 1400 Village Blvd West Palm Beach FL 33409 316 1990 16 Sole at City Center 499 Evernia St West Palm Beach FL 33401 317 2018 17 Woodbine Apartment Homes 9000 Woodbine Trl Riviera Beach FL 33418 408 2000 18 Gardens East 2750 Rio Vista Blvd Palm Beach Gardens FL 33410 448 1991 19 The Grand Isles 4145-4199 N Haverhill Rd West Palm Beach FL 33417 500 2001 20 Cameron Estates 1517 Cameron Samuel Ln West Palm Beach FL 33401 548 2015 21 Cortland Portofino Place 4600 Portofino Way West Palm Beach FL 33409 812 2006 Total 6,715 Source: CoStar 17 Map 2. 5-Mile Radius Market Apartment Comparables ISLE I"itFIFII•J A. MIRASOL 41- PGA NATIONAL GOLF CLDB ESTATES Palm Beac Garden Cabana Colony lea Juno R.idoe 2 • 5 Mile S ke Park Riviera Beach Palm Beach ores 151.E5 HARBOUR 111 • North Palm Beach 11 amercy Park Century Village aoe 21 • .�a 10 La Mangonia Park s PINEWOOD PARK. 19 • • VILLAGES VF 5 °AtM BEACH LirES • • 15 • 20 • ‘OF Plantation Mobile Home Park Haverhill St1nlm Bead* Sdva West Gate •ANDMARK ESTATES a Beath t 2022l iursck Coperattrt 2 2Tc^T_^ Source: PFM Group Consulting LLC As the data show in Table 9, the 5-mile radius comparables total over 6,700 apartment units. PFM further analyzed this dataset and Table 14 provides more detail with respect to unit mix and associated rental rates. Table 14. 5-Mile Market Apartment Unit Mix Data Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Unit Mix Avg. % Studio $2,560 959 $3.26 2.61 467 7.0% 1-BR $2,208 772 $2.88 7.71 2,602 38.7% 2-BR $2,785 1,132 $2.46 7.74 2,874 42.8% 3-BR $3,307 1,398 $2.36 8.95 772 11.5% Total $2,715 1,065 $2.74 6.75 6,715 Source: CoStar and PFM Group Consulting LLC 18 As the data indicate, the market currently has an average vacancy of less than 7 percent. The average rent per unit is $2,715 and the average unit size is 1,065 square feet, resulting in an average rent per square of $2.74. In addition to the comparables data set, Table 15 summarizes the 5-mile market apartment analytic history with respect to rental rates and occupancy. As this data show, the average rental rate grew over 24 percent from 2020 to 2021 but has stabilized in 2022. Table 15. 5-Mile Market Apartment Analytic History Period Inventory Inventory Inventory Effective Rent per Effective Effective Vacancy Rent per Unit Annual Rent per Buildings Units Avg. SF Unit Growth SF Percent 2022 Q4 YTD 526 22716 951 2052 0.6% 2.17 5.9% 2022 Q3 526 22716 951 2052 2.17 6.0% 2022 Q2 526 22716 951 2064 2.19 5.8% 2022 Q1 525 22574 945 2111 2.24 4.9% 2021 525 22574 945 2071 24.4% 2.19 3.5% 2020 521 22178 947 1665 3.6% 1.76 6.3% 2019 517 21661 956 1607 4.1% 1.7 6.3% 2018 515 21213 960 1543 3.6% 1.63 7.3% 2017 512 20314 964 1489 3.8% 1.57 7.5% 2016 510 20076 966 1435 4.3% 1.52 6.2% 2015 512 20049 968 1376 5.2% 1.45 8.4% 2014 512 19516 965 1308 3.5% 1.38 7.4% 2013 510 19149 965 1264 2.8% 1.33 6.5% 2012 510 19149 965 1230 1.7% 1.3 6.6% 2011 513 19171 965 1209 2.0% 1.28 8.3% 2010 515 19195 965 1185 2.2% 1.25 8.3% 2009 515 19204 965 1160 -2.8% 1.22 10.0% 2008 516 19210 965 1193 -3.2% 1.26 10.0% 2007 514 18990 947 1232 2.2% 1.3 10.6% 2006 513 18780 941 1206 6.3% 1.27 10.7% 2005 512 17968 928 1134 5.1% 1.2 7.7% 2004 510 17525 925 1079 2.1% 1.14 9.1% 2003 506 16874 923 1057 2.3% 1.12 9.3% 2002 504 16144 918 1033 1.4% 1.09 10.1% 2001 492 15293 909 1019 3.9% 1.08 8.7% 2000 490 14739 885 981 - 1.04 9.2% Source: CoStar and PFM Group Consu ting LLC PFM also conducted an analysis on the top 5 comparable properties in terms of average rent per square foot. The analysis is detailed in Table 16. These 5 properties have an average rent of $2,980, and average size of 863 square feet, resulting in an average rent per square foot of $3.45 19 Table 16. Top 5 Market Comparables Unit Mix Data ID* Property Name City Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units 7 Oversea at Flagler Banyan Sq West Palm Beach $3,037 875 $3.47 7.75 251 8 Loftin Place West Palm Beach $2,569 823 $3.12 6.29 259 13 Park -Line Palm Beaches West Palm Beach $3,635 950 $3.83 6.02 290 14 Avalon West Palm Beach West Palm Beach $2,580 849 $3.04 3.80 290 16 Sole at City Center West Palm Beach $3,078 816 $3.77 6.56 317 Average $2,980 863 $3.45 6.08 281 Source: CoStar and PFM Group Consulting LLC; *identified in red on Map 2 4.2 Comparison of Market to Element 7 Assumptions PFM compared the market data of the 5-mile market and top five performers in the market to the assumptions and information provided in the Developer's Element 7 pro forma document (Table 17). This comparison focused on the following elements: • Average Effective Rental Rate • Average Unit Size (sqft) • Average Rent / Square Foot • Average Vacancy • Number of Units • Unit Mix (if applicable) As part of the analysis, PFM took the 5-mile market data with respect to average rent per square foot in 2022 and increased it by 3% annually to see how that rental rate increase would compare to the data provided in the Element 7 with respect to projected rental rates for Element 7 in 2025. As the data shows in Table 17, when projecting out the 5-mile average rent per square foot, the 2025 estimate is $2.99. This is consistent with the Element 7 pro forma which is targeting average rent per square foot at $3.00. In addition, the comparison of Element 7 metrics to the top 5 performers in the market provides insight into the potential of a new market rate project, especially given its location on the water as part of the mixed -use Riviera Beach Marina Village. As the data shows (Table 17), the top 5 apartment projects when looking at average rent per square foot range from $3.04 to $3.83 per square foot with an average of $3.45. The data indicates that the Element 7 apartment unit sizes are consistent with the overall 5-mile market averages. The Element 7 pro forma indicates an assumption of 5% vacancy, which may be a little low compared to overall market performance. Lastly, the rental rate targets of Element 7 are more consistent with the top five apartment projects within the 5-mile market. It's important to note that on average, those top five performers tend to provide smaller units. 20 Table 17. Apartment Metrics - Market to Element 7 Comparison 5-Mile Market Comoarables Type Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Unit Mix Avg. % Studio $2,560 959 3.26 2.61 467 7.0% 1-bedroom $2,208 772 2.88 7.71 2,602 38.7% 2-bedroom $2,785 1,132 2.46 7.74 2,874 42.8% 3-bedroom $3,307 1,398 2.36 8.95 772 11.5% Average / Total $2,715 1,065 2.74 6.75 6,715 Source: CoStar $/SQFT* *increased current rental rate at 3% annually 2022 2023 2024 2025 $2.74 $2.82 $2.90 $2.99 Element 7 Type Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Unit Mix Avg. % 1-bedroom $2,161 720 $3.00 5.00 168 42.1% 2-bedroom $3,375 1,125 $3.00 5.00 166 41.6% 3-bedroom $4,215 1,405 $3.00 5.00 65 16.3% Average / Total $3,001 1,000 $3.00 5.00 399 - Source: Developer To 5 Performers within 5-Mile Market Comoarables Property Name Avg. Rent/Month Avg. Size (SQFT) Avg. Rent ($/SQFT) Avg. Vacancy % Units Oversea at Flagler Banyan Sq $3,037 875 $3.47 7.75 251 Loftin Place $2,569 823 $3.12 6.29 259 Park -Line Palm Beaches $3,635 950 $3.83 6.02 290 Avalon West Palm Beach $2,580 849 $3.04 3.8 290 Sole at City Center $3,078 816 $3.77 6.56 317 Average $2,980 863 $3.45 6.08 281 Source: CoStar 21 APPENDIX Fiscal Impact Tables Appendix Table 1 Marina Village Impact Summary (End of Year Totals) Residential Units Resident Households 2025 2026 2027 2028 2029 2030 2031 2032 2033 399 399 534 534 534 534 534 534 534 371 371 497 497 497 497 497 497 497 Peak Population 867 867 1,161 1,161 1,161 1,161 1,161 1,161 1,161 Resident Population 824 824 1,103 1,103 1,103 1,103 1,103 1,103 1,103 Seasonal Population 43 43 58 58 58 58 58 58 58 Employees (rental/maintenance) 12 12 20 20 20 20 20 20 20 Riviera Beach Operating Impacts Total Operating Revenues Generated Total Operating Expenditures Generated Net Fiscal Impact of Operations Total Impact Fee Capital Revenue 2025 2026 2027 2028 2029 2030 2031 2032 2033 $477,499 $1,833,012 $1,887,381 $2,400,257 $2,468,724 $2,498,212 $2,528,070 $2,558,304 $2,588,919 $776, 288 $1, 492, 052 $1, 603, 586 $2, 059,123 $2,199, 499 $2, 232, 491 $2, 265, 979 $2, 299, 968 $2, 334, 468 -$298,788 $340,961 $283,795 $341,134 $269,225 $265,720 $262,091 $258,336 $254,451 2025 2026 2027 Total $1,455,500 $0 $425,340 $1,880,841 Appendix Table 1 Marina Village Impact Summary (End of Year Totals) Residential Units Resident Households 2034 2035 2036 2037 2038 2039 2040 2041 2042 534 534 534 534 534 534 534 534 534 497 497 497 497 497 497 497 497 497 Peak Population 1,161 1,161 1,161 1,161 1,161 1,161 1,161 1,161 1,161 Resident Population 1,103 1,103 1,103 1,103 1,103 1,103 1,103 1,103 1,103 Seasonal Population 58 58 58 58 58 58 58 58 58 Employees (rental/maintenance) 20 20 20 20 20 20 20 20 20 Riviera Beach Operating Impacts Total Operating Revenues Generated Total Operating Expenditures Generated Net Fiscal Impact of Operations Total Impact Fee Capital Revenue 2034 2035 2036 2037 2038 2039 2040 2041 2042 $2, 619, 920 $2, 369, 485 $250,435 $2,651,311 $2, 405, 027 $246,284 $2, 683, 099 $2, 441,103 $241,996 $2,715,288 $2, 477, 719 $237,569 $2, 848, 626 $2, 514, 885 $333,741 $2, 883, 649 $2, 552, 608 $331,041 $2,919,130 $2, 590, 897 $328,233 $2, 955, 076 $2,629,761 $325,315 $2,991,492 $2, 669, 207 $322,285 Appendix Table 1 Marina Village Impact Summary (End of Year Totals) Residential Units Resident Households 2043 2044 2045 2046 2047 2048 2049 2050 534 534 534 534 534 534 534 534 497 497 497 497 497 497 497 497 Peak Population 1,161 1,161 1,161 1,161 1,161 1,161 1,161 1,161 Resident Population 1,103 1,103 1,103 1,103 1,103 1,103 1,103 1,103 Seasonal Population 58 58 58 58 58 58 58 58 Employees (rental/maintenance) Riviera Beach Operating Impacts Total Operating Revenues Generated Total Operating Expenditures Generated Net Fiscal Impact of Operations Total Impact Fee Capital Revenue 20 20 20 20 20 20 20 20 2043 2044 2045 2046 2047 2048 2049 2050 $3,028,386 $2,709,245 $319,141 $3,065,764 $2,749,884 $315,880 $3,103,633 $2,791,132 $312,501 $3,142,000 $2,832,999 $309,001 $3,180,872 $2,875,494 $305,378 $3,220,256 $2,918,627 $301,629 $3,260,158 $2,962,406 $297,752 $3,300,588 $3,006,842 $293,745 Appendix Table 2 Marina Village Program & Tax Value 2025 2026 2027 2028 2029 2030 2031 2032 2033 Development Scenario Multifamily -Market Rate 399 399 399 399 399 399 399 399 399 Multifamily -Workforce 0 0 135 135 135 135 135 135 135 Total Residential Units 399 399 534 534 534 534 534 534 534 Taxable Property Values Multifamily -Market Rate $14,544,000 $145,440,000 $146,894,400 $148,363,344 $149,846,977 $151,345,447 $152,858,902 $154,387,491 $155,931,366 Multifamily -Workforce $39,872,649 $40,271,375 $40,674,089 $41,080,830 $41,491,638 $41,906,555 Total Taxable Value $14,544,000 $145,440,000 $146,894,400 $188,235,993 $190,118,353 $192,019,536 $193,939,732 $195,879,129 $197,837,920 Taxable values are shown in the year following construction Appendix Table 2 Marina Village Program & Tax Value 2034 2035 2036 2037 2038 2039 2040 2041 2042 Development Scenario Multifamily -Market Rate 399 399 399 399 399 399 399 399 399 Multifamily -Workforce 135 135 135 135 135 135 135 135 135 Total Residential Units 534 534 534 534 534 534 534 534 534 Taxable Property Values Multifamily -Market Rate Multifamily -Workforce Total Taxable Value $157, 490, 679 $159, 065, 586 $160, 656, 242 $162, 262, 804 $163, 885, 432 $165, 524, 287 $167,179, 530 $168, 851, 325 $170, 539, 838 $42, 325, 620 $42, 748, 876 $43,176, 365 $43, 608,129 $44, 044, 210 $44, 484, 652 $44, 929, 499 $45, 378, 794 $45, 832, 581 $199, 816, 299 $201, 814, 462 $203, 832, 607 $205, 870, 933 $207, 929, 642 $210, 008, 939 $212,109, 028 $214, 230,118 $216, 372, 420 Appendix Table 2 Marina Village Program & Tax Value 2043 2044 2045 2046 2047 2048 2049 2050 Development Scenario Multifamily -Market Rate 399 399 399 399 399 399 399 399 Multifamily -Workforce 135 135 135 135 135 135 135 135 Total Residential Units 534 534 534 534 534 534 534 534 Taxable Property Values Multifamily -Market Rate Multifamily -Workforce Total Taxable Value $172,245,236 $173,967,689 $175,707,366 $177,464,439 $179,239,084 $181,031,475 $182,841,789 $184,670,207 $46,290,907 $46,753,816 $47,221,355 $47,693,568 $48,170,504 $48,652,209 $49,138,731 $49,630,118 $218,536,144 $220,721,505 $222,928,720 $225,158,008 $227,409,588 $229,683,683 $231,980,520 $234,300,325 Appendix Table 3 Misc. Revenue To/From City 2025 2026 2027 2028 2029 2030 2031 2032 2033 Ground Lease Revenue Market Rate -Years 1-15 ($70K, 2% escalation)* $72,828 $74,285 $75,770 $77,286 $78,831 $80,408 $82,016 $83,656 $85,330 Market Rate -Years 16+ (@1% of Gross Income) Workforce Housing L L L J. L L L Total Ground Lease Revenue $72,828 $74,285 $75,771 $77,287 $78,832 $80,409 $82,017 $83,657 $85,331 Gross Income Market Rate Units (2% increase after stabilization) $10,775,025 $14,366,700 $15,679,306 $15,992,892 $16,312,750 $16,639,005 $16,971,785 $17,311,221 $17,657,445 Ad Valorem Tax Abatement Market Rate UnitsTaxable Value $14,544,000 $145,440,000 $146,894,400 $148,363,344 $149,846,977 $151,345,447 $152,858,902 $154,387,491 $155,931,366 Workforce Units Taxable Value $0 $0 $0 $39,872,649 $40,271,375 $40,674,089 $41,080,830 $41,491,638 $41,906,555 Market Rate Ad Valorem $121,442 $1,214,424 $1,226,568 $1,238,834 $1,251,222 $1,263,734 $1,276,372 $1,289,136 $1,302,027 Workforce Ad Valorem U U $332,937 $336,266 $339,629 $343,025 $346,455 $349,920 Total Ad Valorem $121,442 $1,214,424 $1,226,568 $1,571,771 $1,587,488 $1,603,363 $1,619,397 $1,635,591 $1,651,947 Tax Abatement " Market Rate Ad Valorem-$103,226-$1,032,260-$1,042,583-$1,053,009-$1,063,539-$1,074,174 -$1,084,916 -$1,095,765 -$1,106,723 Workforce Ad Valorem-$332,937-$336,266 -$339,629 -$343,025 -$346,455 -$349,920 Total Ad Valorem Abatement-$103,226-$1,032,260-$1,042,583-$1,385,945-$1,399,805-$1,413,803 -$1,427,941 -$1,442,220 -$1,456,643 Cumulative Tax Abatement-$103,226-$1,135,486-$2,178,069-$3,564,015-$4,963,820-$6,377,623-$7,805,564-$9,247,784-$10,704,427 * Assumes Ground Lease and construction begin in 2023; initial lease amount is $70,000. " Assumes tax abatement begins with first year of occupancy. Appendix Table 3 Misc. Revenue To/From City 2034 2035 2036 2037 2038 2039 2040 2041 2042 Ground Lease Revenue Market Rate -Years 1-15 ($70K, 2% escalation)* $87,036 $88,777 $90,552 $92,364 Market Rate -Years 16+ (@1%ofGross Income) $194,952 $198,852 $202,829 $206,885 $211,023 Workforce Housing L L L L L J. L J. L Total Ground Lease Revenue $87,037 $88,778 $90,553 $92,365 $194,953 $198,853 $202,830 $206,886 $211,024 Gross Income Market Rate Units (2% increase after stabilization) $18,010,594 $18,370,806 $18,738,222 $19,112,987 $19,495,246 $19,885,151 $20,282,854 $20,688,511 $21,102,282 Ad Valorem Tax Abatement Market Rate UnitsTaxable Value Workforce Units Taxable Value Market Rate Ad Valorem Workforce Ad Valorem Total Ad Valorem $157,490,679 $159,065,586 $160,656,242 $162,262,804 $163,885,432 $165,524,287 $167,179,530 $168,851,325 $170,539,838 $42,325,620 $42,748,876 $43,176,365 $43,608,129 $44,044,210 $44,484,652 $44,929,499 $45,378,794 $45,832,581 $1,315,047 $353,419 $1, 668,466 $1,328,198 $356,953 $1,685,151 $1,341,480 $360,523 $1,702,002 $1,354,894 $364,128 $1,719,022 $1,368,443 $367,769 $1,736,213 $1,382,128 $371,447 $1,753,575 $1,395,949 $375,161 $1,771,110 $1,409,909 $378,913 $1,788,821 $1,424,008 $382,702 $1,806,710 Tax Abatement " Market Rate Ad Valorem-$1,117,790-$1,128,968-$1,140,258 -$1,151,660 -$1,163,177 -$1,174,809 $0 $0 $0 Workforce Ad Valorem-$353,419-$356,953-$360,523-$364,128 -$367,769 -$371,447 -$375,161 -$378,913 Total Ad Valorem Abatement-$1,471,209-$1,485,921-$1,500,780-$1,515,788-$1,530,946 -$1,546,255 -$375,161 -$378,913 $0 Cumulative Tax Abatement-$12,175,636-$13,661,557-$15,162,337-$16,678,125-$18,209,071-$19,755,327 -$20,130,488 -$20,509,401 -$20,509,401 Appendix Table 3 Misc. Revenue To/From City 2043 2044 2045 2046 2047 2048 2049 2050 Ground Lease Revenue Market Rate -Years 1-15 ($70K, 2% escalation)" Market Rate -Years 16+ (@1% of Gross Income) $215,243 $219,548 $223,939 $228,418 $232,986 $237,646 $242,399 $247,247 Workforce Housing L L L L J. L Total Ground Lease Revenue $215,244 $219,549 $223,940 $228,419 $232,987 $237,647 $242,400 $247,248 Gross Income Market Rate Units (2% increase after stabilization) $21,524,327 $21,954,814 $22,393,910 $22,841,788 $23,298,624 $23,764,596 $24,239,888 $24,724,686 Ad Valorem Tax Abatement Market Rate UnitsTaxable Value Workforce Units Taxable Value Market Rate Ad Valorem Workforce Ad Valorem Total Ad Valorem $172,245,236 $173,967,689 $175,707,366 $177,464,439 $179,239,084 $181,031,475 $182,841,789 $184,670,207 $46,290,907 $46,753,816 $47,221,355 $47,693,568 $48,170,504 $48,652,209 $49,138,731 $49,630,118 $1,438,248 $386,529 $1,824,777 $1,452, 630 $390,394 $1,843,025 $1,467,157 $394,298 $1,861,455 $1,481,828 $398,241 $1,880,069 $1,496, 646 $402,224 $1,898,870 $1,511,613 $406,246 $1,917,859 $1, 526, 729 $410, 308 $1,937,037 $1,541,996 $414,411 $1,956,408 Tax Abatement " Market Rate Ad Valorem $0 $0 $0 $0 $0 $0 $0 $0 Workforce Ad Valorem Total Ad Valorem Abatement $0 $0 $0 $0 $0 $0 $0 $0 Cumulative Tax Abatement-$20,509,401-$20,509,401-$20,509,401-$20,509,401-$20,509,401 -$20,509,401 -$20,509,401 -$20,509,401 Appendix Table 4 Marina Village Fiscal Impact Detail Revenues Ad Valorem Taxes Marina Village Ground Lease Local Option Taxes Franchise Fees Utility Taxes Business Tax Building Permits State & Local Grants/Pmt in Lieu State Revenue Sharing Proceeds Sales Tax - Half Cent Charges for Services Judgments, Fines and Forfeitures Total Revenues 2025 2026 2027 2028 2029 2030 2031 2032 2033 $121,442 $1,214,424 $1,226,568 $1,571,771 $1,587,488 $1,603,363 $1,619,397 $1,635,591 $1,651,947 $72,828 $74,285 $75,771 $77,287 $78,832 $80,409 $82,017 $83,657 $85,331 $4,488 $8,624 $9,271 $11,903 $12,714 $12,905 $13,098 $13,295 $13,494 $25,769 $49,513 $53,226 $68,338 $72,995 $74,090 $75,201 $76,329 $77,474 $53,360 $102,527 $110,215 $141,507 $151,150 $153,417 $155,719 $158,055 $160,425 $13,400 $25,747 $27,677 $35,536 $37,957 $38,527 $39,104 $39,691 $40,286 $27,176 $52,216 $56,131 $72,068 $76,979 $78,134 $79,306 $80,495 $81,703 $20,367 $39,133 $42,067 $54,011 $57,692 $58,557 $59,435 $60,327 $61,232 $14,704 $28,356 $30,411 $39,098 $41,773 $42,400 $43,036 $43,681 $44,336 $31,809 $61,119 $65,702 $84,356 $90,104 $91,456 $92,828 $94,220 $95,633 $89,850 $172,638 $185,582 $238,273 $254,511 $258,328 $262,203 $266,136 $270,128 $2,305 $4,429 $4,761 $6,112 $6,529 $6,627 $6,726 $6,827 $6,930 $477,499 $1,833,012 $1,887,381 $2,400,257 $2,468,724 $2,498,212 $2,528,070 $2,558,304 $2,588,919 Expenditures Legislative $5,575 $10,713 $11,516 $14,786 $15,793 $16,030 $16,270 $16,515 $16,762 Executive $19,618 $37,695 $40,521 $52,026 $55,571 $56,405 $57,251 $58,109 $58,981 Financial and Administrative $199,403 $383,135 $411,861 $528,797 $564,834 $573,306 $581,906 $590,634 $599,494 Legal Counsel $9,758 $18,750 $20,156 $25,878 $27,642 $28,056 $28,477 $28,905 $29,338 Development Services $31,728 $60,963 $65,534 $84,141 $89,875 $91,223 $92,591 $93,980 $95,390 Other General Government $25,226 $48,470 $52,104 $66,898 $71,457 $72,529 $73,617 $74,721 $75,842 Law Enforcement $203,182 $390,396 $419,667 $538,819 $575,539 $584,172 $592,934 $601,828 $610,856 Fire Control $154,619 $297,088 $319,362 $410,036 $437,979 $444,549 $451,217 $457,985 $464,855 Public Works $31,230 $60,006 $64,504 $82,819 $88,463 $89,790 $91,136 $92,503 $93,891 Transportation $20,661 $39,698 $42,675 $54,791 $58,525 $59,403 $60,294 $61,198 $62,116 Economic Development $1,389 $2,669 $2,869 $3,683 $3,934 $3,993 $4,053 $4,114 $4,176 Youth Empowerment $6,222 $12,000 $12,869 $16,545 $17,678 $17,943 $18,212 $18,485 $18,762 Parks/Recreation $49,946 $96,321 $103,298 $132,807 $141,894 $144,023 $146,183 $148,376 $150,601 Libraries, Cultural Services $11,965 $23,075 $24,747 $31,816 $33,993 $34,503 $35,021 $35,546 $36,079 Court Administration $5,763 $11,072 $11,902 $15,282 $16,323 $16,568 $16,817 $17,069 $17,325 Total Expenditures $776,288 $1,492,052 $1,603,586 $2,059,123 $2,199,499 $2,232,491 $2,265,979 $2,299,968 $2,334,468 Net Fiscal Impact -$298,788 $340,961 $283,795 $341,134 $269,225 $265,720 $262,091 $258,336 $254,451 Appendix Table 4 Marina Village Fiscal Impact Detail Revenues Ad Valorem Taxes Marina Village Ground Lease Local Option Taxes Franchise Fees Utility Taxes Business Tax Building Permits State & Local Grants/Pmt in Lieu State Revenue Sharing Proceeds Sales Tax - Half Cent Charges for Services Judgments, Fines and Forfeitures Total Revenues 2034 2035 2036 2037 2038 2039 2040 2041 2042 $1,668,466 $1,685,151 $1,702,002 $1,719,022 $1,736,213 $1,753,575 $1,771,110 $1,788,821 $1,806,710 $87,037 $88,778 $90,553 $92,365 $194,953 $198,853 $202,830 $206,886 $211,024 $13,697 $13,902 $14,110 $14,322 $14,537 $14,755 $14,976 $15,201 $15,429 $78,636 $79,815 $81,013 $82,228 $83,461 $84,713 $85,984 $87,274 $88,583 $162,832 $165,274 $167,753 $170,270 $172,824 $175,416 $178,047 $180,718 $183,429 $40,891 $41,504 $42,127 $42,759 $43,400 $44,051 $44,712 $45,382 $46,063 $82,928 $84,172 $85,435 $86,716 $88,017 $89,337 $90,677 $92,037 $93,418 $62,150 $63,082 $64,029 $64,989 $65,964 $66,953 $67,958 $68,977 $70,012 $45,001 $45,676 $46,361 $47,057 $47,763 $48,479 $49,206 $49,944 $50,694 $97,068 $98,524 $100,002 $101,502 $103,024 $104,570 $106,138 $107,730 $109,346 $274,180 $278,293 $282,468 $286,705 $291,005 $295,370 $299,801 $304,298 $308,862 $7,034 $7,139 $7,246 $7,355 $7,465 $7,577 $7,691 $7,806 $7,923 $2,619,920 $2,651,311 $2,683,099 $2,715,288 $2,848,626 $2,883,649 $2,919,130 $2,955,076 $2,991,492 Expenditures Legislative $17,014 $17,269 $17,528 $17,791 $18,058 $18,329 $18,603 $18,883 $19,166 Executive $59,866 $60,764 $61,675 $62,600 $63,539 $64,493 $65,460 $66,442 $67,438 Financial and Administrative $608,486 $617,614 $626,878 $636,281 $645,825 $655,513 $665,345 $675,325 $685,455 Legal Counsel $29,778 $30,225 $30,678 $31,138 $31,605 $32,080 $32,561 $33,049 $33,545 Development Services $96,821 $98,273 $99,747 $101,243 $102,762 $104,303 $105,868 $107,456 $109,068 Other General Government $76,979 $78,134 $79,306 $80,496 $81,703 $82,929 $84,173 $85,435 $86,717 Law Enforcement $620,019 $629,319 $638,759 $648,340 $658,065 $667,936 $677,955 $688,124 $698,446 Fire Control $471,828 $478,905 $486,089 $493,380 $500,781 $508,293 $515,917 $523,656 $531,511 Public Works $95,299 $96,729 $98,180 $99,652 $101,147 $102,664 $104,204 $105,768 $107,354 Transportation $63,048 $63,994 $64,953 $65,928 $66,917 $67,920 $68,939 $69,973 $71,023 Economic Development $4,238 $4,302 $4,367 $4,432 $4,499 $4,566 $4,635 $4,704 $4,775 Youth Empowerment $19,044 $19,329 $19,619 $19,914 $20,212 $20,515 $20,823 $21,136 $21,453 Parks/Recreation $152,860 $155,153 $157,481 $159,843 $162,240 $164,674 $167,144 $169,651 $172,196 Libraries, Cultural Services $36,620 $37,169 $37,727 $38,293 $38,867 $39,450 $40,042 $40,643 $41,252 Court Administration $17,585 $17,849 $18,116 $18,388 $18,664 $18,944 $19,228 $19,516 $19,809 Total Expenditures $2,369,485 $2,405,027 $2,441,103 $2,477,719 $2,514,885 $2,552,608 $2,590,897 $2,629,761 $2,669,207 Net Fiscal Impact $250,435 $246,284 $241,996 $237,569 $333,741 $331,041 $328,233 $325,315 $322,285 Appendix Table 4 Marina Village Fiscal Impact Detail Revenues Ad Valorem Taxes Marina Village Ground Lease Local Option Taxes Franchise Fees Utility Taxes Business Tax Building Permits State & Local Grants/Pmt in Lieu State Revenue Sharing Proceeds Sales Tax - Half Cent Charges for Services Judgments, Fines and Forfeitures Total Revenues 2043 2044 2045 2046 2047 2048 2049 2050 $1,824,777 $1,843,025 $1,861,455 $1,880,069 $1,898,870 $1,917,859 $1,937,037 $1,956,408 $215,244 $219,549 $223,940 $228,419 $232,987 $237,647 $242,400 $247,248 $15,660 $15,895 $16,134 $16,376 $16,621 $16,871 $17,124 $17,381 $89,912 $91,260 $92,629 $94,019 $95,429 $96,860 $98,313 $99,788 $186,180 $188,973 $191,807 $194,685 $197,605 $200,569 $203,577 $206,631 $46,754 $47,455 $48,167 $48,890 $49,623 $50,367 $51,123 $51,890 $94,819 $96,241 $97,685 $99,150 $100,638 $102,147 $103,679 $105,235 $71,062 $72,128 $73,210 $74,308 $75,423 $76,554 $77,702 $78,868 $51,454 $52,226 $53,009 $53,804 $54,611 $55,431 $56,262 $57,106 $110,987 $112,651 $114,341 $116,056 $117,797 $119,564 $121,357 $123,178 $313,495 $318,198 $322,971 $327,815 $332,732 $337,723 $342,789 $347,931 $8,042 $8,163 $8,285 $8,409 $8,536 $8,664 $8,794 $8,925 $3,028,386 $3,065,764 $3,103,633 $3,142,000 $3,180,872 $3,220,256 $3,260,158 $3,300,588 Expenditures Legislative $19,453 $19,745 $20,041 $20,342 $20,647 $20,957 $21,271 $21,590 Executive $68,450 $69,477 $70,519 $71,577 $72,650 $73,740 $74,846 $75,969 Financial and Administrative $695,737 $706,173 $716,766 $727,517 $738,430 $749,506 $760,749 $772,160 Legal Counsel $34,048 $34,559 $35,077 $35,603 $36,137 $36,679 $37,230 $37,788 Development Services $110,704 $112,364 $114,050 $115,760 $117,497 $119,259 $121,048 $122,864 Other General Government $88,017 $89,338 $90,678 $92,038 $93,419 $94,820 $96,242 $97,686 Law Enforcement $708,923 $719,557 $730,350 $741,306 $752,425 $763,711 $775,167 $786,795 Fire Control $539,483 $547,575 $555,789 $564,126 $572,588 $581,177 $589,894 $598,743 Public Works $108,964 $110,599 $112,258 $113,942 $115,651 $117,386 $119,146 $120,934 Transportation $72,088 $73,170 $74,267 $75,381 $76,512 $77,660 $78,824 $80,007 Economic Development $4,846 $4,919 $4,993 $5,068 $5,144 $5,221 $5,299 $5,379 Youth Empowerment $21,774 $22,101 $22,433 $22,769 $23,111 $23,457 $23,809 $24,166 Parks/Recreation $174,779 $177,401 $180,062 $182,763 $185,504 $188,287 $191,111 $193,978 Libraries, Cultural Services $41,871 $42,499 $43,137 $43,784 $44,441 $45,107 $45,784 $46,470 Court Administration $20,106 $20,408 $20,714 $21,025 $21,340 $21,660 $21,985 $22,315 Total Expenditures $2,709,245 $2,749,884 $2,791,132 $2,832,999 $2,875,494 $2,918,627 $2,962,406 $3,006,842 Net Fiscal Impact $319,141 $315,880 $312,501 $309,001 $305,378 $301,629 $297,752 $293,745 Appendix Table 5 Marina Village Capital Impact Fees 2025 2026 2027 Total Capital Revenues Roads $596,106 $0 $176,580 $772,686 Law Enforcement $46,184 $0 $12,523 $58,707 Fire $143,313 $0 $41,253 $184,566 Parks $514,862 $0 $149,857 $664,718 Library $99,634 $0 $28,999 $128,634 Public Buildings $55,401 $16,128 $71,530 Total Impact Fee Revenue $1,455,500 $0 $425,340 $1,880,841 Assumptions: Impact Fee Market Units Workforce Units Roads $1,494.00 per unit $1,308.00 per unit Law Enforcement $115.75 per unit $92.76 per unit Fire $359.18 per unit $305.58 per unit Parks $1,290.38 per unit $1,110.05 per unit Library $249.71 per unit $214.81 per unit Public Buildings $138.85 per unit $119.47 per unit Appendix Table 6 Marina Village Fiscal Impact Assumptions Taxable Assessment Ratio 90% (from iput data) Homestead Exemption $50,000 (from iput data) % Multifamily with Homestead 0% (from iput data) Occupancy Rate 98% Permanent Resident Percent 95% Millage General Fund 8.3500 Mills Equivalent Full -Time Factor Equivalent Population -Working Residents 18,484 0.7619 14,083 Population -Non -Working Residents 20,369 1.0000 20,369 Population- Seasonal 11,093 0.34615 3,840 Population (peak season) 49,946 38,292 Population (total) 38,853 (ESRI, 2022) Employment (total) 23,698 0.2381 5,642 (ESRI, 2022) Persons per Household - Multifamily Total Households Hotel Assumptions Total Number of Rooms Average Occupancy Average Persons per Room 2.22 14,604 (ESRI, 2022) 437 COSTAR/STR 75.0% COSTAR/STR 2.2 (FLA USA Visit Florida Study) Annual growth rate of Residential Property Value 1.0% Valuation Average Value Multifamily -Market Rate $401,003 per unit Multifamily -Workforce $318,519 per unit Business Licenses FLORIDA DEPARTMENT OF STATE Division of Corporations July 7, 2016 CORPORATE ACCESS Qualification documents for PFM GROUP CONSULTING LLC were filed on July 6, 2016, and assigned document number M16000005388. Please refer to this number whenever corresponding with this office. Your limited liability company is authorized to transact business in Florida as of the file date. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. If the annual report is not filed by May 1st, a $400 late fee will be added. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Apply today with the IRS online at: https://sa.vvww4.irs.gov/modiein/individual/index.jsp. Please notify this office if the limited liability company address changes. Should you have any questions regarding this matter, please contact this office at the address given below. Deborah Bruce Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 216A00014192 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA LV C7Lt1PC1 LV(7: 1i111141(77 JtV 605.0903; 1WIll1D-1 S1;111:77.% 171EFO11OI17vG Ii 5I,!fl:ll1TIED 10 REG57L.71.1 I VRLIGV Il,1tIi7131i 1)I1II1 }' C.'c).ill',1.�Vi"1rJ77ULVti1C7lIU57A7:531.V77t1" S1;111:OP17.01il •l: PFM GROUP CONSULTING LLC (Name of 1 arcign Limited Liability Company. must include I.anited taa4tility `ompany:"-"1_.1-.C." or "1.1.0 `) (If nanie unavailable, cater alternait: nano adopted for the purpose of transacting business to I lorida. 'the alternate name must include -1-tnuicd 1.1aitlsty Company, "'L,L.0 " or " t, LC.") DELAWARE 8l-164247g (Jurisdiction underiic law of which li riagtn limited llahil7{y (t'1 `.t number, 31 applicable) company is organved) 4 6 (Date first traitsactctl business is= 'larid4, II prior to registration. ) (See sections 605 0 904 & 605.09115. I".S in determine penalty liability) 1679 S DUPONT I1 WY STE 100 DOV ER. DE 19901 (Street Xcilnas of!+rincipal °Ake) (, ut tttgttdressS 7. Name and street address of Florida registered agent. (P.O, tittx NO acceptable) Maine• Registered Agent Solutiontt, inc Office Address• 155 Office Plaza Or. Suite A Tallahassee (City) 'bride 3---3fl t flip cute) Registered agent's acceptance: Having been named as registered agent and to accept se.rrice of process for the abore stated limited liability company at the place designated in this application, 1 hereby accept the appointment as registered agent and agree to art in this capacity. 1 further agree to cnutplywith the provisions of ull statutes relative to the proper and complete performance of my duties-, and 1 am familiar with and accept the obligations of ni Oshim y+ reghtered agent Jaclyn Wright, Asst, Secretary (Reg, hi,.Yed agent'~ siginutue) K I he name. hilt: or capacity and address of the person(n) who liat;Iltnve authority to manage isiare' Steve Boyle. Manager, 1735 Market Street - 43rd FL, Philadelphia, PA 19103 9. Attached is a certificate of existence, no more than 90 days; aid, duly authenticated by the official having custody ni records in the jurisdiction under the law of which it is organized. Of the certificate is it oreign language, u translation of the certificate under oath of the translator must be submitted) Signaturthonied person 1 Ins dacturn:nt is executed in accordance with seetinn 605,0203 (1) (h), f tondo Statutes_ 1 um aware that any false information salaamed in a document to the t)epanincnt of State constitutes a third degree felony as provided for in s.tt 17.155, Steve Boyle. Manager typed or printed name of signet: Delaware The First State Page 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "PFM GROUP CONSULTING LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE TWENTIETH DAY OF JUNE, A.D. 2016. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "PFM GROUP CONSULTING LLC" WAS FORMED ON THE FIFTEENTH DAY OF JANUARY, A.D. 2016. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL FRANCHISE TAXES HAVE BEEN ASSESSED TO DATE. 5937283 8300 SR# 20164543011 You may verify this certificate online at corp.delaware.gov/authver.shtml Authentication: 202521121 Date: 06-20-16 Insurance pfm Insurance Statement PFM Group Consulting LLC ("PFM") has a complete insurance program, including property, casualty, general liability, automobile liability and workers compensation. PFM maintains professional liability and fidelity bond coverages which total $5 million and $5 million single loss/ $10 million aggregate, respectively. PFM also carries a $5 million cyber liability policy. Our Professional Liability policy is a "claims made" policy and our General Liability policy claims would be made by occurrence. Deductibles/SIR: Automobile $100 comprehensive & $1,000 collision Cyber Liability $100,000 General Liability $0 Professional Liability (E&O) $200,000 Financial Institution Bond $50,000 Insurance Company & AM Best Rating Professional Liability (E&O). Lloyds of London; (A; Stable) AXIS Surplus Insurance Company; (A; Stable) Financial Institution Bond. Berkley Regional Insurance Company; (A+; Stable) Cyber Liability. Greenwich Insurance Company (A+; Stable) General Liability Valley Forge Insurance Company ; (A Stable) Automobile Liability. Continental Insurance Company; (A Stable) Excess /Umbrella Liability Continental Insurance Company; (A Stable) Workers Compensation Continental Insurance Company; (A Stable) & Employers Liability PFMIILL-01 JBOLAND2 , J4 CORL CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 12/2/2/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc 32 Old Slip 29th FI New York, NY 10005 CONTACT Janice Boland NAME: PHONE FAX (A/C, No, Ext): (212 ) 603-0202 (A/c, No): E-MAADDRESS: Janice.Boland@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED PFM Group Consulting LLC 1735 Market Street, 42nd Floor Philadelphia, PA 19103 INSURER B : Continental Insurance Company 35289 INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 7018019790 12/7/2022 12/7/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000 000 $ MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY 7018019806 12/7/2022 12/7/2023 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Y)AMAGE (Per accidentP) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 7018019840 12/7/2022 12/7/2023 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N / A WC718019823 1/1/2023 1/1/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability -Additional Insured, Primary and Non -Contributory, Waiver of Subrogation included per written contract or agreement 30 Days Notice of Cancellation / 10 Days Non -Payment CERTIFICATE HOLDER CANCELLATION EVIDENCE OF COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE �..------ DATE(MM/DD/YYYY) 11/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Crystal IBC, LLC 32 Old Slip 29th FI New York NY 10005 License#: BR-1359321 CONTACT NAME: Brian Rozynski PHONE FAX (A/C No Ext): 212-504-1882 (A/C, No): E-MAIL ADDR ESS: brian.rozynski@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Lloyd's Syndicate 1084 (Chauce 0 INSURED PFMIILL-01 PFM Group Consulting LLC 1735 Market Street, 42nd Floor Philadelphia PA 19103 INSURERB: AXIS Surplus Insurance Company 26620 INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 387303250 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A B Professional Liability (E&O) HMPL22-0291 E N N604632 12/7/2022 12/7/2022 12/7/2023 12/7/2023 Limit of Liability: $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of coverage only. CERTIFICATE HOLDER CANCELLATION To Whom It May Concern SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE �...----- DATE(MM/DD/YYYY) 11/22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Crystal IBC, LLC 32 Old Slip 29th FI New York NY 10005 License#: BR-1359321 CONTACT NAME: Brian Rozynski PHONE FAX (A/C No Ext): 212-504-1882 (A/C, No): E-MAIL ADDR ESS: brian.rozynski@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Greenwich Insurance Company 22322 INSURED PFMIILL-01 PFM Group Consulting LLC 1735 Market Street, 42nd Floor Philadelphia PA 19103 INSURER B : INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1836533944 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Cyber Liability Insurance MTP904441301 12/7/2022 12/7/2023 Limit of Liability: $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of coverage only. CERTIFICATE HOLDER CANCELLATION To Whom It May Concern SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Miami Solicitation RFQ 1414387 Solicitation RFQ 1414387 Economic Impact and Feasibility Analysis Consultant Pool Solicitation Designation: Public City of Miami 1/27/2023 3:03 PM p. 1 City of Miami Solicitation RFQ 1414387 Solicitation RFQ 1414387 Economic Impact and Feasibility Analysis Consultant Pool Solicitation Number RFQ 1414387 Solicitation Title Economic Impact and Feasibility Analysis Consultant Pool Solicitation Start Date Jan 27, 2023 5:01:22 PM EST Solicitation End Date Feb 27, 2023 5:00:00 PM EST Question &Answer End Feb 13, 2023 5:00:00 PM EST Date Solicitation Contact Charles Johnson 305-416-1924 cjohnson@miamigov.com Contract Duration See Specifications Contract Renewal See Specifications Prices Good for Not Applicable Pre -Solicitation Conference Feb 6, 2023 11:00:00 AM EST Attendance is optional Location: https://teams.microsoft.com/I/meetup- join/19%3ameeting_NzA1 ZTI1YTItODNkM C00ZGNj LWIxNjUtMjYyODNm NjAzYzFm%40thread.v2/0? context=%7b%22Tid%22%3a%223806b8f3-aa50-49ec-b72d- a300792565f9%22%2c%22Oid%22%3a%22211758a6-a640-4e56-a305-49e4188ea b95%22%7d Item Response Form Item RFQ 1414387--01-01 - Please disregard this line item. See RFQ Document Quantity 1 each Unit Price Delivery Location City of Miami City of Miami Department of Procurement 444SW2ndAve 6th Floor Miami FL 33130 Qty 1 Description Please disregard this line item. See RFQ Document 1/27/2023 3:03 PM p. 2 City of Miami Solicitation RFQ 1414387 Request for Proposals No. 1414387 City of Miami Request for Qualifications (RFQ) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement RFQ Number: 1414387 Title: Economic Impact and Feasibility Analysis Consultant Pool Issue Date/Time: January 27, 2023 RFQ Closing Date/Time: February 27, 2023, at 5:00 PM Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: February 6, 2023, at 11:00 AM Pre-Bid/Pre-Proposal Location: Virtual via Microsoft TEAMS Click here to join the meeting or via phone at (786) 598-2961 Conference ID 744 547 934# Deadline for Request for Clarification: February 13, 2023 at 5:00 PM Contracting Officer: Johnson, Charles Contracting Officer E-Mail Address: cjohnson@miamigov.com Contracting Officer Facsimile: (305) 400-5373 1/27/2023 3:03 PM p. 3 Request for Proposals No. 1414387 City of Miami Solicitation RFQ 1414387 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: 1/27/2023 3:03 PM p. 4 City of Miami Certifications Request for Proposals No. 1414387 Solicitation RFQ 1414387 Legal Name of Firm: Firm's Federal Employer Identification Number ("FEIN"): Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 2/1/23). If no addendum/addenda was/were issued, please insert N/A. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Acknowledge that if awarded, Proposer will be required to execute the Professional Services 1/27/2023 3:03 PM p. 5 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. 1/27/2023 3:03 PM p. 6 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON- RESPONSIVE • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT(&BIDSYNC.COM, OR SUPPORT.BIDSYNC.COM FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. 1/27/2023 3:03 PM P. 7 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Table of Contents Terms and Conditions 1. General Terms and Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. LIVING WAGE ORDINANCE 2.7. PROPOSERS MINIMUM QUALIFICATIONS 2.8. REFERENCES 2.9. LOCAL PREFERENCE 2.10. EXECUTION OF AN AGREEMENT 2.11. PRE -QUALIFIED POOL / WORK ORDER ASSIGNMENT PROCESS 2.12. INSURANCE REQUIREMENTS 2.13. PROJECT MANAGER 2.14. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 2.15. REMOVAL OF EMPLOYEES/SUBCONTRACTORS 2.16. UNAUTHORIZED WORK 2.17. CHANGES/ALTERATIONS 2.18. COMPENSATION 2.19. METHOD OF PAYMENT 2.20. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.21. RECORDS 2.22. ADDITIONAL SERVICES 2.23. TRUTH IN NEGOTIATION CERTIFICATE 2.24. NON -APPROPRIATION OF FUNDS 2.25. FAILURE TO PERFORM 2.26. TERMINATION 2.27. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS 5. Evaluation Criteria 5.1. EVALUATION CRITERIA 1/27/2023 3:03 PM p. 8 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Terms and Conditions 1. General Terms and Conditions GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1 ACCEPTANCE OF GOODS, EQUIPMENT OR SERVICES - Any good(s), equipment or services delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. In terms of this Solicitation the use of the word "services" includes without limitation professional and personal services as that term professional and personal services is defined by the City of Miami Procurement Ordinance and as set forth in the Definitions Section 18-73 of the City Code. 1.2 ACCEPTANCE OF OFFER - Subject to prior occurrence of all condition's precedent set forth in Section 1.88, The signed or electronic submission of your solicitation response shall be considered an offer on the part of the Proposer; such offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the City of a purchase order or notice to proceed, as applicable. In summation, execution of a Professional Services Agreement and/or Agreement, approval by a referendum as stated in this RFQ, and issuance by the City of a purchase order, and/or notice to proceed, as applicable. 1.3 ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Procurement shall notify all affected Proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any Proposer: 1) Who has previously failed to properly perform under the terms and conditions of a Professional Services Agreement ("PSA") and/or Agreement, 2) Who failed to deliver on time, contracts of a similar nature, 3) Who is not in a position to perform the requirements defined in this formal solicitation 4) Who has been debarred, 5) Who is on the convicted vendors list, 6) Who is indebted to the City, or 7) Who is otherwise determined to be non- responsive or non -responsible. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4 ADDENDA - It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on the 1/27/2023 3:03 PM P. 9 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 BidSync Procurement Solutions Platform ("BidSync") only. 1.5 ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6 ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all its rights, title or interest herein, without the City Manager's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. The audit and inspection provisions set forth in Sections 18-100 to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Proposer. 1.10 AWARD OF CONTRACT: A. The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or addenda. B. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in default of these contractual requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Proposer's Response and may accept the Response from the next lowest responsive, responsible Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Proposer's default. 1/27/2023 3:03 PM p. 10 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 C. The term of the contract shall be specified in one of three documents which shall be issued to the Successful Proposer. These documents may either be a blanket purchase order, notice of award and/or contract award sheet. D. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and awarded. If the right is exercised, the City shall notify the Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Proposer are in mutual agreement of such extensions. E. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. F. An PSA and/or Agreement shall be awarded to the Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an PSA and/or Agreement with the Proposer, whichever is determined to be in the City's best interests. Such PSA and/or Agreement which will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. All conditions precedent identified in Section 1.88 before any Agreement is binding. 1.11 BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the Proposer will accept the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall forfeit proposal deposit to the City should the City award the contract/agreement to the Proposer and if Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal deposits are returned to unsuccessful Proposers within ten (10) days after the award and Successful Proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all deposits will be returned on demand. 1.12 RESPONSE FORM - All forms should be completed, signed and submitted accordingly. 1.13 BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a PSA and/or Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be negotiated with the next highest ranked responsive and responsible Proposal most advantageous to the City or all responses may be rejected. 1.14 BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or Proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1/27/2023 3:03 PM p. 11 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1.15 CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make available a written explanation for the cancellation. 1.16 CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18 COLLUSION - Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Procurement Department or initiating department. The Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all responses where collusion may have occurred. 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, competitive solicitations etc., et. al., as applicable. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. 1/27/2023 3:03 PM p. 12 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. City Financial Policies, City Code Chapter 18, Article IX. N. City of Miami Charter Sections 3(f) (iii) and 29-B. O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V. P. City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code. Q. Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws. R. Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code. Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, regulations, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20 CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, or RFLIs between potential vendors, service providers, Proposers, lobbyists or consultants (among others) and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications, oral communications with the City's Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document. The provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, or RFLI documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, or RFLI, by City Procurement staff. Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions 1/27/2023 3:03 PM p. 13 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 shall report such violation to the State Attorney and/or may file a complaint with the Miami -Dade County Ethics Commission. Proposers should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political subdivision and Florida municipality, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee (or former employee of the City who left City service within the past two (2) years) who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the Proposer's firm. A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer may not disclose or use information not available to members of the general public and gained by reason of their position, except for information relating exclusively to governmental practices, for their personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Proposer who is a person (every officer, official and employee of the city, including every member of any board, commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not contracted or transacted any business with the City or any person or agency acting for the City and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Proposer further warrants that they are not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Proposer to immediate termination of any Professional Services Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of any intellectual property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s). 1/27/2023 3:03 PM p. 14 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1.25 DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (i) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (ii) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (iii) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (iv) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (v) Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public) agency or entity. (vi) False certification pursuant to paragraph (c) below. (vii) Found in violation of a zoning ordinance for which the violation remains noncompliant. (viii) Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (ix) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(v). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1/27/2023 3:03 PM p. 15 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1.26 DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not: 1) submit a response fora contract to provide goods or services to a public entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public building or public work; 3) Submit response on leases of real property to a public entity; 4) award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) transact business with any public entity. 1.27 DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28 DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Proposal non -responsive. B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1/27/2023 3:03 PM p. 16 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1. Proposals will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2. The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity, in making the award. 3. The City may require the Proposer(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29 DISCOUNTS OFFERED DURING TERM OF CON TRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 180 days from approval by the City Commission. Any discounts offered by a manufacturer to Proposer will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31 EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1/27/2023 3:03 PM p. 17 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the most advantageous Proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34 EVALUATION OF RESPONSES A. Rejection of Responses The City may reject a Response for any of the following reasons: 1) Proposer fails to acknowledge receipt of addenda; 2) Proposer misstates or conceals any material fact in the Response; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and 6) Response was not executed by the Proposer's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and re - advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination from Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate furnished has not performed despite demand they do so or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry as determined by the City. 1/27/2023 3:03 PM p. 18 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36 F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37 FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Proposer's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Proposer's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Proposer must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Proposer's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Proposer/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or 1/27/2023 3:03 PM p. 19 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the City Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40 HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making intemal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will 1/27/2023 3:03 PM p. 20 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45 INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." 1/27/2023 3:03 PM p. 21 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416- 1604. The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. 1.47 INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48 LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51 MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar 1/27/2023 3:03 PM p. 22 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 relationship between the parties. 1.53 NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Proposer's expense. These non- conforming items not delivered as per delivery date in the response and/or Purchase Order may result in Proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Proposer shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Proposer shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Proposer shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Proposer affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Proposer affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Proposer shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55 NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful Proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56 NOTICE REGARDING "CURES" - Proposals submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), Invitation to Bid (ITB), Invitation for Bids (IFB), Invitation to Quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation 1/27/2023 3:03 PM p. 23 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS RFP/Q SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission requirements of this RFP/Q. Proposer understands that non -responsive Proposals will not be evaluated and, therefore, will be eliminated from the Evaluation/Selection Process. 1.57 OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 1.58 ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other purposes whatsoever without the written consent of the City. 1.60 PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFORMANCE/PAYMENT BOND - A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.62 PREPARATION OF RESPONSES - Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Proposer's risk. A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, where required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. 1/27/2023 3:03 PM p. 24 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 D. The Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection of the response. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED TO THE CITY OR YOUR RESPONSE SHALL BE DEEMED NON -RESPONSIVE. 1.63 PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.64 PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.65 CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.66 PROMPT PAYMENT - Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during the term of the contract. 1.67 PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the 1/27/2023 3:03 PM p. 25 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 property at the current market value, less depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69 PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70 PUBLIC RECORDS - Proposer understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. 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 DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 1/27/2023 3:03 PM p. 26 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72 QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.73 REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Proposer and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75 RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. 1/27/2023 3:03 PM p. 27 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non - responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group 1/27/2023 3:03 PM p. 28 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a 1/27/2023 3:03 PM p. 29 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. Stay ofprocurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. Costs. All costs accruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16). 1.76 SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78 SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and replacements that will be provided. Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1/27/2023 3:03 PM p. 30 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 1.79 SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services are to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of proposal. 1.80 SUBMISSION AND RECEIPT OF RESPONSES - Electronic Proposal submittals to this RFQ are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly the responsibility of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Proposals received and time stamped through BidSync, prior to the Proposal submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Proposal submittal after the closing date and time has lapsed. Proposals will be opened promptly at the time and date specified. 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Proposals electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Proposer's Proposal submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to comply with these requirements may cause the Proposal to be rejected. 5. Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE PROPOSAL NON -RESPONSIVE. 6. May be considered non -responsive if Proposals do not conform to the terms and conditions of this solicitation. 1.81 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Proposer. 1.82 TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; 1/27/2023 3:03 PM p. 31 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.84 TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.85 TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE - All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the qualified Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.89 VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. 1/27/2023 3:03 PM p. 32 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for a pre -qualified pool of firms to provide economic impact and feasibility analysis consulting services ("Pool"), as specified herein, from a source(s), that will provide prompt and efficient service, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE A Virtual Voluntary pre -proposal conference will be held February 6, 2023 at 11:00 AM, via Teams Click here to join the meeting or via phone (786) 598-2961, Conference ID 744 547 934#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the RFQ will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION / CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidSync Portal. All questions must be received no later than February 13, 2023 @ 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Proposer(s) qualified to provide the services requested herein (the "Successful Proposer(s)") shall be required to execute a Professional Service Agreement ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for five (5) years with an option to renew for two (2) additional two (2) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the Successful Proposer(s)'s continued satisfactory performance compliance with the specifications, terms and conditions established herein. 2.6. LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in FL. Stat. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached 1/27/2023 3:03 PM p. 33 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 as Attachment A, and is located in the Documents Section of BidSync. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.7. PROPOSERS' MINIMUM QUALIFICATIONS For a Proposer to be deemed responsive, the minimum qualification requirements cited below shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in detail in the Proposal submittal. Failure to meet each such following minimum qualification requirement and/or failure to provide sufficient detailed documentation concerning the same, shall result in the Proposal being deemed non- responsive. Proposers Shall: A. Have at least three (3) years continuous experience, with the same Federal Employer Identification Number, providing economic impact and feasibility analysis consulting services, similar in scope as described in the RFQ, Section 3.1, Specifications/Scope of Services, for govemmental or quasi - governmental entities responsible for the approval and/or management of large urban development projects; B. Be an active registered corporation with the State of Florida Department of State, Division of Corporations; C. Have a Lead Managing Consultant, who will be assigned to the City account, who possesses a minimum of five (5) years' experience in the provision of economic impact and feasibility analyses, as of the proposal submission date; and D. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City. Additionally: Neither the Proposer nor any principal, officer, or stockholder of Proposer shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. Submittals that do not address each of the above stipulated requirements within its proposal submission, shall be considered non -responsive and eliminated from the process. 2.8. REFERENCES Each proposal MUST be accompanied by a list of three (3) references for projects performed for government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 1/27/2023 3:03 PM p. 34 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 2.9 LOCAL PREFERENCE Proposers wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal at the time of the Proposal due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form provided as Attachment B, located in the Documents Section in BidSync; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer. 2.10 EXECUTION OF AN AGREEMENT The Successful Proposer(s), evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer(s) in substantially the same form as the sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to legal by the City Attorney. 2.11. PRE -QUALIFIED POOL / WORK ASSIGNMENT PROCESS A. Pre -qualified Pool It is the City's intention to create a Pool of Pre -Qualified Proposers to be available to provide the requested services on an as needed basis. The Pool will have as many members as the City deems appropriate. Successful Proposer(s) shall be required to sign a Professional Services Agreement ("PSA") with the City in order to be accepted into the Pool. The PSA will include general legal and administrative provisions, not -to - exceed hourly rates for various staff levels and may be updated periodically to reflect new City requirements. Selection into the Pool does not guarantee work and does not provide for exclusive rights to provide these services to the City. The City further reserves the right to enter into negotiations with any pre -qualified firm for assignment of work on any individual project and should said negotiations be unsuccessful, the City reserves the right to terminate the same and commence negotiations with such other pre -qualified film as may be deemed in the City's best interest. This process may continue until the City comes to a successful agreement with a selected Pool member, which will result in an agreement for that specific assignment. No Pool member shall have any rights against the City arising from such negotiations. Membership in the Pool is a pre -requisite for obtaining work on potential individual projects issued through the Pool. However, there is no guarantee that all or any Pool members will be assigned work on any individual project. Upon selection into the Pool, the City will assign individual work projects to Pool members on a rotating basis. 1/27/2023 3:03 PM p. 35 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 At the City 's discretion, Successful Proposer(s) may be dropped from the Pool for reasons including, but limited to, lack of participation, poor performance, being in arrears in obligations to the City, failing to respond to City Work Order requests in a timely manner, or other reasons specified by City and/or City policies. Successful Proposer(s) shall maintain the qualifications of the firm and proposed personnel at a standard consistent with and equivalent to the qualification submissions submitted in response to this RFQ. Services under this RFQ will be requested on an as -needed basis through the term of the resulting Contract. As such, the City does not guarantee a minimum number of tasks, hours, or work. Nonetheless, Pool members shall be "on -call" and must be ready to provide services upon request from the City. Work will be assigned to Pool members based upon the rotational condition of the available Pool. Every Pool member will have an opportunity to accept a work order based upon its position on the list, which will reflect the order in which Pool members were ranked by the Evaluation Committee appointed by the City Manager. A Pool member that has been offered and has accepted a Work Order will not be offered another assignment until all Pool members have been contacted and been given the opportunity to provide services. If a Pool member is unable to respond in a timely manner or cannot fulfill its contractual obligations as and when the workload warrants, the City reserves the right to request services from the next Pool member in rank order in the Pool. The City also reserves the right to bypass a Pool member in the rank order rotation based on the volume of the work or unique expertise requirements for a work assignment if deemed to be in the best interest of the City. Notwithstanding the original proposal due date, the City reserves the right to "open" the Pool to accept Proposals and add members, at its sole discretion. The addition of new members will be done through a competitive process using the evaluation criteria established in this solicitation. Pre -qualified firms shall not be restricted in any way from responding to other City solicitations and being selected for other pools the City may establish as it may deem in its sole and best interest. B. Work Order Process The Evaluation Committee will evaluate and rank the Proposals, which will result in a list based upon highest to lowest ranked Proposers. When projects arise, work will be assigned to Successful Proposer(s) based upon the rotational condition of the available Pool. Every Successful Proposer shall have an opportunity to accept a Work Order based upon its position on the list, which will be based on the order of ranking by the Evaluation Committee appointed by the City Manager. A Successful Proposer that has been offered and has accepted a Work Order will not be offered another Work order until all Successful Proposers have been contacted and given an opportunity to provide services. If a Successful Proposer is unable to respond in a timely manner or cannot fulfill its contractual obligations as and when the Work Order warrants, the City reserves the right to request services from the next Successful Proposer in the rank order of the Pool. The City also reserves the right to bypass a firm in the rank order rotation based upon the volume of work or unique experience requirements for a Work Order if deemed in the best interest of the City. The City reserves the right to award individual Work Orders on a fixed -price basis and it is anticipated that most Work Orders will be awarded in this manner. Additionally, submittal of hourly rates shall in no way preclude the City from negotiating lower hourly rates for specific Work Orders. The City may award a Work Order on the basis of initial offers received, without discussion. However, the City and the recommended Pool member cannot negotiate a successful agreement, the City may terminate said negotiations and begin negotiations with the next Pool member. This process may continue until a Work Order has been issued or all Pool members who competed have been rejected. No Pool member shall have any rights against the City arising from such negotiations. 1/27/2023 3:03 PM p. 36 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors(s) agreements to include a provision that each subcontractor(s) will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment C to this solicitation which is located in the Documents Section of BidSync. The Successful Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability 1/27/2023 3:03 PM p. 37 City of Miami Solicitation RFQ 1414387 B. Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement IL Business Automobile Liability Request for Qualifications No. 1414387 $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit, IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $ 2,000,000 General Aggregate Limit $ 2,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim Policy aggregate Retro Date Included $ 1,000,000 $ 1,000,000 Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network period subject to continued availability of commercially reasonable terms and conditions of such coverage. 1/27/2023 3:03 PM p. 38 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract VI. Umbrella Liability Each Occurrence $ 1,000,000 Policy Aggregate $ 1,000,000 Endorsements Required City of Miami listed as additional insured Coverage is excess over all the general liability and auto policies The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.13. PROJECT MANAGER Upon award, Successful Proposer shall report and work directly with David Snow, Assistant Director, Planning, or designee, who shall be designated as the Project Manager for the City. 2.14. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the perfoinuance of services required under this Solicitation. Sub -Contractors shall be paid through Proposer or Proposer's film and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any and all liabilities regarding the use of a Sub-Contractor(s) shall be borne solely by the Successful Proposer(s) and insurance for each Sub-Contractor(s) must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the Sub -Contractors that the Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.15. REMOVAL OF EMPLOYEES / SUBCONTRACTORS All employees of the Successful Proposer and Subcontractor(s)'s, if applicable, shall be considered to be, at all 1/27/2023 3:03 PM p. 39 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 times, employees of the Successful Proposer and Subcontractor(s) under its sole direction and not employees or agents of the City. The Successful Proposer and Subcontractor(s) shall supply competent and capable employees. The City may require the Successful Proposer or Subcontractor(s) to remove an employee(s) the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. 2.16. UNAUTHORIZED WORK The Successful Proposer shall not begin work until a Purchase Order and/or a Notice to Proceed are received. 2.17. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.18. COMPENSATION The amount of compensation payable to Pool Consultants will be determined at the assignment and acceptance of each Work Order. Work Order pricing submitted by Successful Proposer(s) will be negotiated to an amount agreeable to the City. 2.19. METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. 2.20. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate the proposals in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified within Section 5, Evaluation Criteria; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded. The recommendations of the Committee shall be submitted to the City Manager; (7) The City Manager reserves the right to reject the Committee's recommendations and instruct the Committee to re-evaluate and make another recommendation or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (8) If the City Manager accepts the Committee's recommendations the City Manager shall then submit his or her award recommendation and contract(s) to the City Commission for approval. Written notice shall be provided to all proposers. If the City Manager accepts the award recommendation(s), the City Manager's recommendation for award of contract(s) will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award 1/27/2023 3:03 PM p. 40 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (9) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals possessing the ability to perform such services and obtain information from said individuals relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer(s). 2.21. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.22. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. 2.23. FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within forty- eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.24. TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perfoini is without his or his Subcontractor's control, fault or negligence, the teuination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance 1/27/2023 3:03 PM p. 41 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.25. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 1/27/2023 3:03 PM p. 42 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 3 SPECIFICATIONS / SCOPE OF WORK A. Background: The City of Miami, ("City"), is seeking to establish a pre -qualified Pool of consultants to provide independent economic and feasibility impact analyses for new large-scale development projects proposed within City limits. On September 22, 2020, the City Commission adopted by Ordinance, new policy within Section 62-2.2 of the City Code, to require all new development exceeding 200,000 square feet of gross floor area and requires and development order or permit not conferred by -right to provide an independent feasibility. Section 62-2.2 is attached as Attachment C and is located in the Documents Section of BidSync. Please refer to Attachment C, Section 62-2.2 in the Solicitation B. Obiectives• 1. Economic Impact Study: The Consultant shall use professionally acceptable methodologies to qualify both positive and negative impacts of proposed developments that exceed 200,000 square feet of gross floor area and require a development order or permit not conferred by -right. The analysis, at minimum, shall address direct, indirect and induced labor income and economic output using a recognized platform approved by the City; total value added, including wages and/or jobs, business revenues/profits, if specified and requested; fiscal benefits to the City, Miami -Dade County and other local taxing authorities; and service costs of the development to the City. The analysis will measure how much the new development will absorb newly created demand rather than displace activity from existing businesses. 2. Feasibility Study: The Consultant shall use professionally acceptable methodologies to qualify both positive and negative impacts of new proposed developments that exceed 200,000 square feet of gross floor area and requires a development order or permit not conferred by -right. The feasibility study shall include, at a minimum, an evaluation of the highest and best use of the property, the expected pricing or rents, absorption pace if developed over the next thirty-six (36) months, and the cost of operation. In addition, an independent opinion on construction and development costs must be submitted by the developer. 3. Tasks: The Consultant shall: 1. Review proposed development applications for feasibility and economic impact assessment. 2. Prepare preliminary report of findings, work plan and timeline for completing the study. 3. Prepare a draft of the study entitled "Independent Feasibility and Economic Impact Study". The study should at a minimum: a. Analyze, direct and induced labor income and economic output using a recognized platform approved by the City; total value added, including personal wages and/or jobs, business revenues/profits, if specified and as requested, fiscal benefits to the City, County and other local taxing authorities; and service costs of the development, to the City. 1/27/2023 3:03 PM p. 43 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 b. Measure how much the new development will absorb newly created demand rather than displace activity from existing businesses. c. Evaluation of the highest and best use of the property, the expected pricing or rents, absorption pace if developed over the next thirty-six (36) months, and the cost of operations. d. An independent opinion on construction and development costs must be submitted by the developer. 4. Prepare a final report of the study, incorporating and changes and resulting from the review of the draft by the City. 4. Deliverables and Reporting Requirements: The Consultant shall: 1. Submit preliminary report of review findings, work plan, timeline and cost estimate to the City by 72 hours of Consultant's receipt of award of assignment by the City. 2. Submit Draft Report to, and review with developer within ten (10) business days of receipt of assignment. 3. Present the final study to the developer and City along with one (1) digital PDF of final report within six (6) weeks of receipt of assignment from the City. The Consultant ant City Project Manager can modify the deliverable due dates upon mutual written acceptance. The project shall be considered complete, as determined by the City, upon performance by the Consultant, and acceptance by the City, of all tasks, deliverables and reports. 5. Payment Schedule: Fifty percent (50%) of the total Study cost upon delivery, acceptance and review of Draft Report. Fifty percent (50%) of the total study cost invoices upon project completion, including delivery to and acceptance by, the City. All expenses incurred in the undertaking and conducting of the independent feasibility studies and economic impact studies shall be borne solely by the applicant of the proposed development. Prior to commencing a study, the applicant shall pay to the City an amount equal to one hundred percent (100%) of the estimated expenses for the services of the provider set to perform the independent study. The applicant shall satisfy any amount over and above the provider's estimated expenses prior to the issuance of the final report and the issuance of any development permit or order. No development permit or order shall be issued on the development, or any other property requested by the applicant until full payment is received and has cleared 1/27/2023 3:03 PM p. 44 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements as indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") no later than the date and time indicated within the RFQ, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Proposals must be timely submitted through BidSync, or the Proposal will be disqualified. Untimely or misdelivered submittals will not be considered. NO EXCEPTIONS. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. A. Include the signed RFQ Certification Statement. B. Include in detail, evidence that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements, pursuant to Section 2.7, Proposer's Minimum Qualifications 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFQ; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFQ; RFQ Number; and Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4. Proposer's, Relevant Experience, Qualifications. and Past Performance a) Describe the Proposer's organizational history and structure, past performance and state the number of years the Proposer has been in business, using the same FEIN, providing a similar service(s). Provide the number of employees and the primary markets served. as described in Section 2.7, Proposers' Minimum Qualifications, Subsection A. 1/27/2023 3:03 PM p. 45 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 b) Provide a list of all principals, partners, officers, owners and/or directors of Proposer, including joint ventures and/or sub-consultant(s), if applicable. c) Indicate whether the City has previously awarded any contracts to the Proposer. If so, discuss the nature of contract, types of services performed, and the term of the contract. d) Provide a list of five (5) comparable contract (similar in scope of services to those requested herein), which Proposer has either ongoing, or has completed within the past ten (10) years. The description should identify for each project: i. Client ii. Description of work iii. Total dollar value of the contract iv. Dates covering the term of the contract v. Client contact person and phone number vi. Statement of whether Proposer is/was the prime contractor or subcontractor; if Proposer was the subcontractor, name the Prime vii. Detail Proposer's responsibilities and the results of the project Specify whether or not the scheduled completion time for each project was met; if not met, please provide an explanation. Where possible, list and describe those projects performed for government clients or similar size private entities (excluding and work performed for the City of Miami) In the event that Proposer has not performed five (5) comparable contracts within the past ten (10) years, Proposer should provide information that demonstrates its ability to perform the required services, as detailed within Section 3, Scope of Services. e) Provide information concerning any prior or pending litigation or proceedings, either civil or criminal, involving Proposer, its partners, managers, other key staff members, and its professional activities or performance, that Proposer has been involved in which may affect the performance of the services to be rendered herein, if applicable. State the nature of the litigation, a brief description of each case, the outcome or projected outcome, and the monetary amounts involved. Discuss any bankruptcies involving Proposer, its partners, manager(s), or other key staff members, if applicable. f) Provide a minimum of three (3) references on the letterhead of the client to whom services of a similar nature were provided as described within Section 2.8, References. The City reserves the right to contact any reference as part of the qualification process. g) Provide information or documentation to Proposer's qualifications and experience from which the City can benefit under this contract h) Describe any relevant industry/subject matter expertise, including any experience in the requested services listed herein, and any unique or proprietary project methodologies relevant to the requested services. 5. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services a) Provide an organizational chart showing the Proposer's Lead Managing Consultant and all key personnel, including their titles, to be assigned to this project. All key personnel include all partners, managers, seniors and other professional staff that will perform work and/or services in the project resulting from this solicitation. The chart must 1/27/2023 3:03 PM p. 46 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 clearly identify the Proposer's employees and any subcontractors or sub -consultants. This information shall include the general functions to be performed by key individuals and the subcontractors or sub -consultants. b) Describe the experience, qualifications, and other vital information, including number of years of relevant experience on previous similar projects, of the Lead Managing Consultant and all key personnel, who will be assigned to this project, as described in Section 2.7, Proposers' Minimum Qualifications, Subsection C. c) . Provide resumes, if available, with job descriptions and other detailed qualification information on the Lead Managing Consultant and all key personnel who will be assigned to this project. Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the Lead Managing Consultant and key personnel identified in its proposal. 6. Proposed Approach to Providing the Services a) Describe Proposer's approach to project organization and management, including the responsibilities of Proposer's Lead Managing Consultant and Proposer's key personnel, and key personnel of any subcontractor or sub -consultant, that will perform work in this project. b) Provide Proposer's operational plan that clearly indicates how the Proposer plans to provide the services requested in this Solicitation. The Proposer's operational plan must detail how the Proposer intends to fully satisfy the service requirements outlined within Item B, Objectives, of Section 3, Specifications/Scope of Work, of this RFQ. c)Describe how Proposer has applied the proposed project approach in comparable contracts to develop Economic Impact and Feasibility Studies related to large urban development projects and the impacts of those studies. d)Provide a sample of an economic impact analysis and/or feasibility study related to a large development created for a municipal government or quasi -governmental entity e) Provide a list of any additional services, not included in this Solicitation, that the Proposer can offer to the City. If Proposer is offering any additional, describe the services in detail. Note that services will be paid at the hourly rates provided on Form A, Price Proposal Schedule. The City has a right to negotiate said price. Note: The Evaluation Committee will use the information provided in the Proposal to determine the Proposer's understanding and ability to address the City's unique needs. 1/27/2023 3:03 PM p. 47 City of Miami Solicitation RFQ 1414387 Request for Qualifications No. 1414387 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine of the proposal is responsive to the submission requirements outlined in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has appropriate signatures as applicable. failure to comply with these requirements may result in the proposals being deemed non- responsive. Proposals will be evaluated by an Evaluation Committee ("Committee") which shall evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the criteria and weight: CRITERIA ANI) POINTS Proposer's Relevant Experience, Qualifications and Past Performance: Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services: Proposer's approach to providing the services requested in this Solicitation: Five percent evaluation criterion in favor of Proposers who Maintain a local office as defined in Section 18-73," Definitions" of the City's Procurement Code Maximum Points Available: (25 Points) (40 Points) (35 Points) (5 Points) 105 Points 1/27/2023 3:03 PM p. 48 City of Miami Solicitation RFQ 1414387 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESIL Footnotes: --- (9) --- Now— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 1/27/2023 3:03 PM p. 49 City of Miami Solicitation RFQ 1414387 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 1/27/2023 3:03 PM p. 50 City of Miami Solicitation RFQ 1414387 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 1/27/2023 3:03 PM p. 51 City of Miami Solicitation RFQ 1414387 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) (g) Page 4 1/27/2023 3:03 PM p. 52 City of Miami Solicitation RFQ 1414387 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 1/27/2023 3:03 PM p. 53 Attachment B City of Miami Solicitation RFQ 1414387 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 1 /21/Q ,J3 PM p. 54 City of Miami Solicitation RFQ 1414387 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ ❑ Miami -Dade County: Cite Exemption: ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO ❑ ❑ Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 1 /21 Q 03 PM p. 55 City of Miami Solicitation RFQ 1414387 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced 3 FORM -City of Miami Local Office Certification 1 /21/Q 3J3 PM p. 56 City of Miami Solicitation RFQ 1414387 ATTACHMENT C INSURANCE DEFINITIONS, CONDITIONS, AND ADDITIONAL REQUIREMENTS The Successful Proposer agrees to provide and maintain throughout the life of this contract and at Successful Proposer's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It 1/27/2023 3:03 PM p. 57 City of Miami Solicitation RFQ 1414387 protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, 1/27/2023 3:03 PM p. 58 City of Miami Solicitation RFQ 1414387 computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Successful Proposer must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Successful Proposer. The Successful Proposer must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. 1/27/2023 3:03 PM p. 59 City of Miami Solicitation RFQ 1414387 Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Successful Proposer. The Successful Proposer further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Successful Proposer in no way limit the Successful Proposer's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Successful Proposer under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Successful Proposer is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Successful Proposer must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Successful Proposer unless otherwise specified in this Contract. If the Successful Proposer or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 1/27/2023 3:03 PM p. 60 2/3/22, 2:00 PM ATTACHMENT D C*Llittio1ieFrii Code of Ordinances Solicitation RFQ 1414387 Sec. 62-2.2. - Independent feasibility and economic impact studies. The city requires independent feasibility studies and economic impact studies performeldy qualified independent providers registered and approved pursuant to the City Codend as indicated in this section. For developments that exceed 200,000 square feet of gross floor area and require development order or permit not conferred by -right (including but not limited to waivers,'varrants, exceptions, variances, special area plans, special certificates of appropriateness/approval)he city requires the applicant to provide an independent economic impact analysilhat examines both positive and negative impacts as described herein. Such economidmpact analysis shall be performed by an independent provider determined to be qualifiedby the city, pursuant to this section of the City Code. The analysis, at a minimum, shall analyze direct, indirect, and induced labor income and economic output using recognized platform approved by the city; total value added, including persona4vages and/or jobs, business revenues, and profits, if specified and as requestedfiscal benefits to the city, county, and other local taxing authorities; and service costs of the development to the city. Developments that exceed 200,000 square feelf gross floor area shall comply with this section of the City Code before any developmert rder or permit, as described herein, is issued. The analysis will measure how muchhe new development will absorb newly created demand rather than displace activityfrom existing businesses. If the analysis comes back unsatisfactory, the city's administrationshall work with the applicant on the addressing the issues and, if not resolved, thecity's administration shall refer the matter to the city commission to be heard fa:direction within 60 days of referral, which may result in a denial or modificatioiof the development permit or order, as described herein. The requirement for an independeneconomic analysis shall be waived for governmental entities and agencies. For developments that exceed 200,000 square feet of gross floor area, are on city-owneplroperty, and require a development order or permit not conferred by -right (includinbut not limited to waivers, warrants, exceptions, variances, special area plans, speciatertificates of appropriateness/approval), the city requires an independent feasibilitystudy to understand the value to the city of developing the site, including both positive and negative impacts as described herein. Such feasibility study shall be performedy an independent provider pursuant to this section of the City Code and in accordancwith applicable laws and regulations. The feasibility study shall include, at a minimuman evaluation of the highest and best use of the property, the expected pricing orrents, absorption pace if developed over the next 36 months, and the cost of operation.ln addition, an independent opinion on construction and development costs must be submitted by the developer. Compliance with this section is required before any developmerder or permit, as described herein, is issued. If the study comes back unsatisfactmthe city's administration shall work with the applicant on the addressing the issuesand, if not resolved, the city's administration shall refer the matter to the citycommission to be heard for direction within 60 days of referral, which may results a denial or modification of the development permit or order, as described hereirihe feasibility study requirement may be waived by a four -fifths vote of the cityommission. 1/27/2023 3:03 PM p.1 2/3/22, 2:00 PM ATTACHMENT D Miami, FL c tyeaffeathiances Solicitation RFQ 1414387 The city manager shall create a pool of qualified providers to conduct independerffasibility studies and economic impact analyses. The pool of providers shall be establishedhrough a competitive process which shall include pricing, when appropriate, pursuanto the city's procurement procedures as established by chapter 18, article III, section 18-86 and subsequent approval by the city commission. The city manager will assign such independent feasibility studies and economic impact studies to members of the poc¢lf providers on a rotating basis. All expenses incurred in the undertaking and conducting of the independent feasibilitsitudies and economic impact studies shall be borne solely by the applicant of thproposed development. Prior to commencing a study, the applicant shall pay to thffity an amount equal to 100 percent of the estimated expenses for the services ofthe provider set to perform the independent study. The applicant shall satisfy any amount over and above the provider's estimated expenses prior to the issuance of thfanal report and the issuance of any development permit or order. No development permimr order shall be issued on the development or any other property requested by thapplicant until full payment is received and has cleared. (Ord. No. 13928, § 2, 10-8-20) 1/27/2023 3:03 PM p242 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2023 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and , company, qualified to do business in the State of Florida whose principal address is hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1414387 on , 2023 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Economic Impact and Feasibility Analysis Consulting Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the City's Planning Department (Planning), and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Economic Impact and Feasibility Analysis Consulting Services Pool for the purposes of providing Economic Impact and 1 1/27/2023 3:03 PM p. 63 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 Feasibility Analysis Consulting services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1414387), and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, , 2023, in response to RFQ 1414387, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of 2 1/27/2023 3:03 PM p. 64 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated 2023, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of nine (9) years: Initial term of five (5) years with two (2), two (2) year options to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, 3 1/27/2023 3:03 PM p. 65 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the 4 1/27/2023 3:03 PM p. 66 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and 5 1/27/2023 3:03 PM p. 67 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to 6 1/27/2023 3:03 PM p. 68 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or 7 1/27/2023 3:03 PM p. 69 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords(&miamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws 8 1/27/2023 3:03 PM p. 70 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials 9 1/27/2023 3:03 PM p. 71 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and 10 1/27/2023 3:03 PM p. 72 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total 11 1/27/2023 3:03 PM p. 73 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. . In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: 12 1/27/2023 3:03 PM p. 74 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. 13 1/27/2023 3:03 PM p. 75 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 14 1/27/2023 3:03 PM p. 76 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONSULTANT: TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10t" Floor Miami, FL 33130-1910 Lakisha Hull Director, Planning Department 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor 15 1/27/2023 3:03 PM p. 77 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 Miami, FL 33130-1910 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 16 1/27/2023 3:03 PM p. 78 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to 17 1/27/2023 3:03 PM p. 79 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event 18 1/27/2023 3:03 PM p. 80 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no 19 1/27/2023 3:03 PM p. 81 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage 20 1/27/2023 3:03 PM p. 82 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 1/27/2023 3:03 PM p. 83 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. "Consultant" a Florida profit corporation ATTEST: By: By: Print Name: Name: Title: Title: ATTEST: "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 22 1/27/2023 3:03 PM p. 84 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 EXHIBIT A RFQ No. 1414387 23 1/27/2023 3:03 PM p. 85 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 EXHIBIT B SCOPE OF WORK Provide economic impact and feasibility analysis consulting services in the applicable service areas, as provided in the individual Work Orders, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 1/27/2023 3:03 PM p. 86 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Depailiuent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured 25 1/27/2023 3:03 PM p. 87 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $2,000,000 General Aggregate Limit $2,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $2,000,000 Policy Aggregate $2,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. V Umbrella Liability Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 26 1/27/2023 3:03 PM p. 88 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 City of Miami listed as additional insured. Coverage is excess over the general liability and auto polices. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. 27 1/27/2023 3:03 PM p. 89 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 28 1/27/2023 3:03 PM p. 90 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 29 1/27/2023 3:03 PM p. 91 City of Miami Solicitation RFQ 1414387 City of Miami, FL RFQ 1414387 CORPORATE RESOLUTION WHEREAS, ., a corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2023 ("Consultant") A Florida Corporation By: (sign) Print Name: Title: (sign) Print Name: 30 1/27/2023 3:03 PM p. 92 City of Miami Solicitation RFQ 1414387 Question and Answers for Solicitation #RFQ 1414387 - Economic Impact and Feasibility Analysis Consultant Pool Overall Solicitation Questions There are no questions associated with this Solicitation. Question Deadline: Feb 13, 2023 5:00:00 PM EST 1/27/2023 3:03 PM p. 93 Tag of 4Thxmi ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1414387 February 23, 2023 REQUEST FOR QUALIFICATIONS ("RFQ") FOR ECONOMIC IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES POOL The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Tuesday, March 7, 2023, at 5:OOPM. B. The following are inquiries received from Prospective Proposers and the City's corresponding responses: Q1: Are Proposers required to submit a bid bond pursuant to Section 1.11 of the RFQ? Al: No. Q2: a) Will the City negotiate contract terms and conditions with Successful Proposer(s) at the Work Order stage based upon what is appropriate for each individual Work Order? B) If so, would the City be willing to negotiate any of the terms listed as non-negotiable in the Certifications Questions on page 6 of the RFQ? A2: a) The City will negotiate the scope of services and price for each Work Order; b) No other terms or conditions will be negotiated at this stage. Q3: Section 1.35 discusses exceptions to the terms and conditions of the RFQ. Will the City consider allowing exceptions to the non-negotiable provisions of the Sample Professional Services Agreement ("Sample PSA") identified within the Certification Questions on page 6 of the RFQ? A3: The only exception the City will allow to these provisions is the modification of Article 11 of the Sample PSA, titled "Indemnification", to remove that certain language making the Successful Proposer(s) also responsible for the City's negligence, in addition to their own. ADDITIONAL INQUIRIES SUBMITTED IN ADVANCE OF THE DEADLINE LISTED IN THE RFQ WNOT ADDRESSED HEREIN WILL BE ADDRESSED IN A FUTURE ADDENDUM TO THE RFQ. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:cj cc. Lakisha Hull, Director, AICP, LEED BD+C, Director, Planning Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: Tag of 41Thtmi ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 2 RFQ 1414387 March 3, 2023 REQUEST FOR QUALIFICATIONS ("RFQ") FOR ECONOMIC IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES POOL The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, March 14, 2023, at 5:OOPM. ADDITIONAL INQUIRIES SUBMITTED IN ADVANCE OF THE DEADLINE LISTED IN THE RFQ NOT ADDRESSED HEREIN WILL BE ADDRESSED IN A FUTURE ADDENDUM TO THE RFQ. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. g Annie Perez, CPPO (� Director/Chief Procurement Officer Procurement Department AP:cj cc. Lakisha Hull, Director, AICP, LEED BD+C, Director, Planning Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: (tau of Aliami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 3 RFQ 1414387 March 13, 2023 REQUEST FOR QUALIFICATIONS ("RFQ") FOR ECONOMIC IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES POOL The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Thursday, March 16, 2023, at 5:OOPM. B. The following is an inquiry received from Prospective Proposer(s) and the City's corresponding response: Q1: Section 3.1, Scope of Services, subsection B.3.3.a. requires that Successful Proposer(s) "Analyze direct and induced labor income and economic output using a recognized platform approved by the City...". Please specify some of the platforms (e.g., economic impact tools), that are recognized and approved by the City. Al : The City of Miami ("City") doesn't currently process the type of analysis required in the RFQ, however, the City has identified the following tools/platforms it would consider acceptable: 1. Microsoft Power BI; 2. Google Analytics; or 3. Salesforce Tableau. The City would also consider any other platforms that are recommended by the Successful Proposer(s) as being "industry preferred". THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:cj cc. Lakisha Hull, Director, AICP, LEED BD+C, Director, Planning Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: