3-08-RFP-25 Real Estate Brokerage Services.pdf

Request for Proposals

08-RFP-25

Real Estate Brokerage Services

Proposal Release Date:

Tuesday, July 1, 2025

Virtual Pre-Proposal Meeting – Non-Mandatory

Thursday, July 10, 2025 @ 2:30 PM

Deadline for Questions

Friday, July 18, 2025 @ 5:00 PM

Proposal Due Date:

Tuesday, August 5, 2025 @ 9:00 AM

Proposal Open Date:

Tuesday, August 5, 2025 @ 10:30 AM

Contact Information

Susan Ziegler, Procurement Agent III 120 Malabar Road SE

Palm Bay, FL 32907-3009 321-952-3424

Real Estate Brokerage Services 08-RFP-25

TABLE OF CONTENTS

TABLE OF CONTENTS ____________________________________________________________ 2

CHECK LIST OF MINIMUM REQUIRED SUBMITTALS________________________________ 3

NOTICE TO PROPOSERS _________________________________________________________ 5

STANDARD TERMS & CONDITIONS _______________________________________________ 6

AGENCY OVERVIEW ____________________________________________________________ 11

SCOPE OF SERVICES ___________________________________________________________ 11

EVALUATION PROCEDURE ______________________________________________________ 14

PROPOSAL SUBMITTALS & CRITERIA ___________________________________________ 15

SELECTION & AWARD PROCESS ________________________________________________ 17

ADDITIONAL FORMS ____________________________________________________________ 18

PROPOSAL FORM _______________________________________________________________ 19

REFERENCE FORM _____________________________________________________________ 20

NON-COLLUSION AFFIDAVIT ____________________________________________________ 21

DRUG FREE WORKPLACE PROGRAM ____________________________________________ 23

INSURANCE REQUIREMENTS ____________________________________________________ 24

HUMAN TRAFFICKING AFFIDAVIT ________________________________________________ 26

DRAFT MASTER LISTING AGREEMENT __________________________________ 30

SALES ADDENDUM TO MASTER LISTING AGREEMENT ___________________________ 36

BROKER STATUS REPORT ______________________________________________________ 37

ATTACHMENTS

Attachment A – Administrative Code G.34.2 Sale of City & CRA Surplus Real Estate

Attachment B – Administrative Code G.34.4 Donation to CHDO Single Family Lots

Attachment C – Sample Master Listing Agreement

CHECK LIST OF MINIMUM REQUIRED SUBMITTALS

This “Standardized Check List” has been provided to assist the Firm with the submission of their proposal package. This Check List cannot be construed as identifying all required submittal documents for this project.

Firms remain responsible for reading the entire proposal document to ensure that they are in compliance.

The City, in its sole discretion, reserves the right to reject any and all proposals, to waive any and all formalities and reserves the right to disregard all nonconforming, non-responsive or incomplete proposals. The City specifically reserves the absolute right to determine the seriousness of any Firm’s failure to specifically conform to the requirements of the proposal document. Firms cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any proposal. Proposals may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate proposal, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all Proposals where Firm fail to acknowledge receipt of Addenda as prescribed.

Proposal packages shall be submitted via the City of Palm Bay’s Bonfire website. Receipt of proposals will be officially closed after time and date identified herein. Proposals received after the specified time and date will not be accepted. The City will not be responsible for technical difficulties, internet connectivity issues, email server issues or any other delivery issues or delays.

Electronic copies will be considered late if the received day/date/time in the City of Palm Bay’s Bonfire website is after the time and date identified herein.

Checklist YES NO

Electronic Proposal Submittal (sent via Bonfire)

REQUIRED FORMAT:

Title Page

Tab 1: Table of Contents

Tab 2: Introduction / Letter of Response

Tab 3: Summary of Qualifications

Tab 4: Technical Proposal

Tab 5: Proposed Cost

Tab 6: Additional Forms

• Proposal Form

• Copy of realtor license

• Reference Form

• Non-Collusion Affidavit

• Drug Free Workplace

• Insurance Requirements

• Human Trafficking

Company Name:

DBA, if applicable

FEIN:

Street Address:

City, State, Zip Code:

Phone Number:

Email Address:

Authorized Signature:

Printed Name:

Title:

Date:

NOTICE TO PROPOSERS

Notice is hereby given that sealed Proposals in the form of an electronic PDF submittal for furnishing all labor, materials, and equipment for the following:

Real Estate Brokerage Services

08-RFP-25

will be received electrically via the City of Palm Bay’s Bonfire website, no later than Tuesday, August 5, 2025, at 9:00 AM. Proposals received after the above time and date will not be accepted. Any uncertainty regarding the time a Proposal is received will be resolved against the Firm.

VIRTUAL PRE-PROPOSAL MEETING – NON-MANDATORY

A non-mandatory Pre-Proposal meeting will be held via Microsoft Teams on Thursday, July 10, 2025, at 2:30 PM. This pre-proposal meeting will allow the Firms the opportunity to bring forward any questions concerning this Request for Proposals. Interested parties may attend virtually via Microsoft Teams or telephonically by:

In Microsoft Teams: Meeting ID: 267 314 619 662 4

Passcode: a3BB9r5Z

By Phone: Phone Number: 347-378-4680

Conference ID: 548 404 105#

DEADLINE FOR QUESTIONS

Questions are due to the procurement official no later than Friday, July 18, 2025 at 5:00 PM. Any questions submitted after will be answered at the discretion of the City

PROPOSAL OPENING

Only the NAME of the firms who submitted a response to this Request for Proposals will be read aloud which will be conducted on Tuesday, August 5, 2025 at 10:30 AM. The location of the opening and reading will be the Procurement Department, Conference Room, 120 Malabar Road, SE, Suite 200, Palm Bay, FL 32907 or via Microsoft Teams. Interested parties may attend virtually via Microsoft Teams or telephonically by:

In Microsoft Teams: Meeting ID: 234 534 206 023 5

Passcode: wR7AE2er

By Phone: Phone Number: 347-378-4680

Conference ID: 609 009 461#

The public record of the preliminary proposal results as read at the public opening can also be requested by calling 321-952-3424 or emailing procurement@palmbayfl.gov. To attend in person, interested parties should check in at the Information Desk in Building A to be escorted to this meeting.

Proposals will be received for the project as set forth in the requirements herein, and the award, if made, will be made to the highest ranked Firm whose proposals indicate the award will be in the best interest of the City of Palm Bay.

STANDARD TERMS & CONDITIONS

ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all Proposal submittals, and to accept the Submittal which best serves the interest of the City of Palm Bay.

ADDENDUM AND AMENDMENTS TO REQUEST FOR PROPOSALS - If it becomes necessary to revise or amend any part of this Request for Proposals, the City’s Procurement Department will furnish the revision by written Addendum through the City’s solicitation hosting software linked on the City’s website. Addenda information will be posted online at the City of Palm Bay’s Procurement website:

http://www.palmbayfl.gov/procurement. Firms are responsible to ensure they have received all addenda before submitting their proposal.

AWARD - Award will be made to the best responsive and responsible offeror(s) whose Proposal is determined by the City to be in the best interest of the City.

COMMITTEE MEETINGS & INFORMATION - The Notice of Committee Meetings will be posted within a reasonable time period (generally 72-hours) in advance of such meetings. Firms are responsible to check the following locations for updates on this RFP’s status: on the bulletin board located in the main lobby of the City Hall Building “B” at 120 Malabar Road SE, Palm Bay, FL 32907, at the City’s Web Page http://www.palmbayfl.gov/procurement.

Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation, or answers questions as part of a competitive solicitation is exempt from the Public Meeting requirements in Chapter 286.011 and s. 24(b) Art. I of the State Constitution.

CONFLICT OF INTEREST – The Firm certifies that this Proposal has not been arrived at collusively or otherwise in violation of federal, state, or local laws. The award of any Contract hereunder is subject to the provision of Chapter 112, Florida Statutes. Firms must disclose with their Submittal the name of any officer, director, partner, proprietor, associate, or agent which is also an officer or employees of the City or of its agencies. Firms must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Firm’s firm or any of its branches or affiliate companies.

DEVIATIONS - Any deviation from specifications must be clearly stated, explained in detail and accepted by the City in writing. Otherwise, items offered are expected to be in strict compliance with specifications and the successful Firm shall be held accordingly.

DISCRIMINATORY VENDOR LIST - An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Proposal for a contract to provide goods or services to a public entity, shall not submit a Proposal on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Proposals for leases of real property to a public entity, shall not award or perform work as a Construction Manager, supplier, Subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity (Section 287.134(3)(d), Florida Statute).

ECONOMY OF PREPARATION - The Proposal submittals should be prepared simply and economically, providing a straightforward, concise description of the Firm’s ability to fulfill the requirements of the RFP.

E-VERIFY - The awarded Proposer becomes obligated to comply with the provisions of Section 448.095, Fla.

Stat., "Employment Eligibility," as amended from time to time. Beginning July 1, 2023, private employers with 25 or more employees are required to use the E-Verify system for new employees. The public agency must verify, utilizing the E-Verify system, that the Proposer, and any Subcontractors have work authorization status of all new employees of the Proposer or Subcontractor. The public agency MAY NOT ENTER INTO A CONTRACT unless each party to the contract registers with and used the E-Verify system. Proposer must maintain affidavits from sub-Contractors as well. If a public agency, Proposer, or Subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated this requirement shall terminate the contract, and if a Subcontractor is the violator, the Firm must be ordered to terminate the Agreement. Proposer is liable for any additional costs incurred by a public agency as a result of the termination of a contract, and the Proposer may not be awarded a public contract for at least 1 year from the date of termination. Public Agency, Proposer or Subcontractor may file a cause of action with the court to challenge the suspension and requirement to pay costs within 20 calendar days after the date of contract termination.

EX PARTE COMMUNICATION - Ex Parte Communication means any oral or written communication relative to a solicitation, evaluation, award or contract controversy that occurs outside of an advertised public meeting or occurs with someone other than the Chief Procurement Officer, subject to the exclusions identified in Section

38.20 of the City of Palm Bay Code of Ordinance.

(A) Adherence to procedures which ensure fairness is essential to the maintenance of public confidence in the value and soundness of the important process of public procurement. Therefore, any ex parte communication between a bidder, proposer, Firm or protestant (or its employees, agents or representatives) and the City (its members, employees, agents, legal counsel, Firm s, or representatives) during the selection process and award is strictly prohibited. Ex Parte Communication is prohibited during the following periods:

(1) From the date of advertising of the solicitation through award of a contract; and

(2) From initiation of a protest of an award or contract through resolution for the parties involved in the protest.

(B) Exclusions: This requirement shall not prohibit:

(1) Pre-Bid and Pre-Proposal Meetings: Meetings called or requested by the Chief Procurement Officer and attended by bidders or proposers for the purpose of discussing a solicitation, evaluation or selection process including, but not limited to, substantive aspects of the solicitation document. Such meetings may include, but are not limited to, pre-bid or pre-proposal meetings, site visits to the City’s facilities or property, site visits to bidders’ or proposers’ facilities, interviews/negotiation sessions as part of the selection process, and presentations by proposers or submitting Firms. Such authorized meetings shall be limited to topics specified by the Chief Procurement Officer.

(2) Solicitation documents may provide for communications from bidders or proposers to designated Procurement Department staff or discussion at meetings called or requested by the City pursuant to this subsection.

(3) Addressing the City Council regarding non-procurement topics at public meetings.

(4) The filing and processing of a written protest to any proposed award to be made pursuant to the solicitation, evaluation, and selection process. Protest proceedings shall be limited to open public meetings, with no ex parte communications outside those meetings.

(5) Contacts by the City’s current firms but only in regard to:

a. any work being performed on City projects unrelated to the solicitation, or

b. any City projects under the prohibited ex parte communications for which the current Firms do not intend to submit a response or have not submitted a response to any solicitation documents for those projects.

(6) Communications between the Chief Procurement Officer or other City representatives and the bidder or Firm for routine matters arising from ongoing projects or contracts previously awarded.

(7) Contacts by bidders and proposers (actual or potential) and the City regarding other projects unrelated to the purchase for which the bidders or proposers (actual or potential) may intend to submit a response or have submitted a response to any competitive solicitation;

(8) Communications between the Chief Procurement Officer and bidders and/or proposers (actual or potential) for matters regarding pending purchases. Written questions shall be made to the named contact person.

(9) Addressing the City Council during the designated agenda item public comment portion of a meeting where the Council is considering award or permission to negotiate on solicitation that a bidder or proposer submitted on.

(10) Violation of this provision shall be grounds to: disqualify the violator from the award of the purchase, void any award to or contract with the violator, and/or temporarily suspend or permanently debar the violator from future contracts with the City.

INFORMALITIES - The City of Palm Bay reserves the right to both waive any informality in Proposals and to determine, in its sole discretion, whether or not informality is minor.

INFORMATION AND LITERATURE - Firms are to furnish all information and literature requested. Failure to do so may be cause for rejection.

INTERPRETATIONS - Any questions concerning conditions and specifications shall be directed to the designated Contract Administrator. Interpretations, that may affect the eventual outcome of this Proposal will be furnished in writing to all prospective Firms. No interpretation shall be considered binding unless provided in writing by the City of Palm Bay.

FIRMS’ EXPENSES - No out of scope services shall be provided in the absence of prior, written authorization in the form of a written supplemental agreement and issuance of an appropriate amendment to the contract. The City will not pay a retainer or similar fee. The City is not responsible for any expenses that Firm may incur in preparing and submitting Proposals called for in this request. The City will not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per diem; travel expenses; and the like, incurred by the Firm.

The City will not be liable for any costs incurred by the Firm in connection with any interviews/presentations (i.e., travel, accommodations, etc.).

PAYMENT - Upon acceptance of work by using department of the City, employees and others, the City shall make payment to the Consultant in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.

The City reserves the right, with justification, to partially pay any invoice submitted by the Consultant when requested to do so by the using City department. All invoices shall be directed to the Accounts Payable Section, City of Palm Bay, 120 Malabar Road, SE, Palm Bay, FL 32907.

PUBLIC ENTITY CRIMES – By submission of response to the City’s Request for Proposal on this project, Firm acknowledges and agrees to the following: A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals for leases of real property to a public entity, may not be awarded or perform work as a Successful Firm, supplier, Subcontractor , or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted Vendor List (Section 287.133, Florida Statutes).

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN

GOVERNMENT CONTRACTING - Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Proposer. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

PUBLIC RECORDS - Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1) and 24(a) Article I of the State constitution until such time as the agency provides a notice of an intended decision or until 30-days after opening the bids, proposals, or final replies, whichever is earlier.

Certain exemptions to the public records law are statutorily provided for in Section 119.07, Florida Statutes. If the Firm believes any of the information contained in his or her response is exempt from disclosure, then the Firm, must in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records once that information is determined to be available.

If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from Section 119.07(1) and Section 24(a) of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation, or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12-months after the initial agency notice rejecting all bids, proposals or replies.

The City is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida’s Public Records law. Specifically, the CONSULTANT shall:

1. Keep and maintain public records required by the public agency to perform the service.

2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Firm does not transfer the records to the public agency.

4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Firm or keep and maintain public records required by the public agency to perform the service. If the Firm transfers all public records to the public agency upon completion of the contract, the Firm shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Firm keeps and maintains public records upon completion of the contract, the Firm shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

The failure of the CONSULTANT to comply with the provisions set forth in this section shall constitute a material breach of Agreement and shall be cause for immediate termination of the Agreement.

If the CONSULTANT has questions regarding the application of Chapter 119 Florida Statutes, to the CONSULTANT duty to provide public records relating to this contract, contact the custodian of public records at the City of Palm Bay Procurement Department, 120 Malabar Road SE, Palm Bay, Suite 200, Florida 32907; 321-952-3424 or procurement@palmbayfl.gov.

PROPOSAL ACKNOWLEDGE - By submitting a proposal, the proposer certifies that he/she has full knowledge of the scope, nature, and quality of work to be performed.

RECOMMENDATION OF AWARD INFORMATION - The Notice of Consideration for Award for Proposal will be posted at least five (5) business days in advance of such award. Firms are responsible to check the City’s Web Page http://www.palmbayfl.gov/procurement. Firms who do not have Internet access may request documentation by contacting the Procurement Department.

REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION - The Firm shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates financial resources as well as the ability to provide and maintain the services requested. The City reserves the right to make investigations of the proposer as it deems appropriate, including but not limited to, a background investigation of service personnel.

REQUEST FOR MODIFICATION - The City reserves the right to negotiate a final agreement with the top- ranked Firm to more fully meet the needs of the City. Should the City be unable to negotiate a satisfactory contract with any of the selected Firms, the City will select additional Firms in the order of their competence and qualification and continue negotiations in accordance with Section 287.055, Florida Statutes.

RESPONSIBLE FIRM - A Firm, business entity or individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perform as contractually required. Must be able to fully document the ability to provide good faith performance.

RESPONSIVE FIRM - A Firm, business entity or individual who has submitted a bid, proposal or submittal that fully conforms in all material respects to the IFB/RFP/RFQ and all of its requirements, including all form and substance.

SCRUTINIZED COMPANY LIST – STATE OF FLORIDA REQUIREMENT -Sections 287.135 and 215.473, Florida Statutes, prohibit Florida municipalities from contracting with companies, for goods or services over $1,000,000 that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or to engage in any Business operations with Cuba or Syria. Sections 287.135 and 215.4725 also prohibit Florida municipalities from contracting with companies, for goods or services in any amount that are on the list of Scrutinized Companies that Boycott Israel.

The list of “Scrutinized Companies” is created pursuant to Section 215.473, Florida Statutes. A copy of the current list of “Scrutinized Companies” can be found at the following link: https://www.sbafla.com/reporting/global-governance-mandates/.

The company representative authorized to sign on behalf of the bidder, hereby CERTIFIES that the company identified as the Respondent is not listed on either the Scrutinized Companies with Activities in Sudan List; or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; is not participating in a boycott of Israel; and does not have any business operations with Cuba or Syria. Authorized representative understands that pursuant to Sections 287.135 and 215.473, Florida Statutes, the submission of a false certification may subject the Respondent company to civil penalties, attorney’s fees, and/or costs.

Bidder/proposer understands and agrees that the City may immediately terminate any contract resulting from this solicitation upon written notice if the company referenced above are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) for any contract for goods or services in any amount of monies, it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars ($1,000,000) or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria.

TAX EXEMPTIONS - The City of Palm Bay is tax exempt. The City of Palm Bay’s tax-exempt number is 85- 8012646361C-4.

TERM - The period of this Agreement shall be for twelve (12) months. This Agreement may, by mutual written assent of the parties, be extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months.

TIME FOR CONSIDERATIONS – Proposals will be irrevocable after the time and date set for the opening of Proposals and for a period of ninety (90) days thereafter.

TRADE SECRETS - Respondents should not send trade secrets. If, however, trade secrets are claimed by any respondent they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a respondent fails to submit a claim of trade secrets to the City before obtaining the City’s agreement, any subsequently claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information (F.S. 119.01).

AGENCY OVERVIEW

The City of Palm Bay, incorporated January 16, 1960, is a political subdivision of the State of Florida. The legislative branch of the City is composed of five elected Council Members, one of which is the Mayor. The City Manager is responsible for the execution of Council’s established and adopted policy. The City, with an estimated population of 146,000+ residents, is the largest incorporated area in Brevard County.

(Please visit our official website, www.palmbayfl.gov)

SCOPE OF SERVICES

The City of Palm Bay is seeking proposals from national, regional and locally recognized real estate brokerages licensed in the State of Florida that have the experience, nationwide network reach, infrastructure and personnel to market, and secure privately held property and sell City-owned real estate. The scope of services also includes comprehensive commercial real estate services customarily provided to government entities by real estate broker on behalf of the City of Palm Bay. The City prefers the proposer to have an office located within Brevard County. Brokerages with experience in land assemblage and having access to land use and real estate attorneys is preferred.

Proposers should be familiar with the following:

A. Attachment A - Administrative Code G.34.2 (Sale of City & CRA Surplus Real Estate), regulates the disposal of City-owned surplus real estate, for which the broker will be required to adhere.

B. Attachment B - Administrative Code G.34.4 (Donation of CHDO Single Family Lots), regulates donating City-owned surplus single-family lots to the Community Housing Development Organization.

The City reserves the right to award to multiple brokers. If multiple brokers are awarded, properties will be distributed by City staff based on broker qualifications and current workload.

City-Owned Surplus Real Estate Sales Properties may be comprised of vacant lots and parcels with existing structures. Future Land Use and zoning designations of properties will vary. The City Council may consider Future Land Use amendments and rezoning of individual properties to the ‘highest and best’ classification for maximum sale price and proposed development which meets the needs and desires of the community. The City may also consider the sale of a single piece of property which accomplishes favorable development when assembled with other adjoining parcels for future development/redevelopment.

The selected Broker/Agent shall be required to enter into a Master Listing Agreement (MLA) with the City to supply real estate broker services as outlined herein, see Attachment C Master Listing Agreement. Upon the sale of property, the Broker/Agent will receive a commission of the final sale price, which shall be inclusive of all costs to appropriately market the property.

No additional payments will be made over and above the agreed upon commission rate to any Broker/Agent for any reason and no payment will be made or due if the property is not sold during the contract period.

The selected Broker/Agent shall be required to disclose when serving as a transactional broker.

The selected Broker/Agent must maintain record of sale comps, listing agreements and contracts for sale for all properties, proof of property listing marketing materials and signage, and provide same to the City upon request.

The Broker/Agent will provide integrated listing and marketing services including, but not limited to, Multiple Listing Service (MLS) listings (where appropriate), LoopNet and similar services, industry magazines and websites, and other professional listing services, appropriately placed advertising, targeted marketing, advice for maximizing or leveraging property for sale, proposing redevelopment opportunities to developers and investors, showing the property to prospective buyers and procuring offers to buy the property.

In coordination with City staff, verify current zoning and future land use of City-owned properties and provide support in rezoning of parcels to maximize market price and leverage favorable development to achieve the ‘highest and best’ use permitted by the City of Palm Bay Code of Ordinances and Comprehensive Plan, where applicable.

Land Acquisition The City may periodically seek to acquire privately-owned property. Such property may be an entire parcel(s) or portions thereof. Properties may be comprised of vacant lots and parcels with existing structures. Future Land Use and zoning designations of properties will vary. On behalf of the City, the selected Broker/Agent is expected to:

No additional payments will be made over and above the agreed-upon commission rate to any Broker/Agent for any reason and no payment will be made or due if the property is not acquired during the contract period.

The selected Broker/Agent shall be required to disclose when serving as a transactional broker.

The selected Broker/Agent must maintain record of correspondence with property owners regarding the City’s interest in purchasing property, official purchase offers, listing agreements and contracts for sale for all properties, proof of property listing marketing materials and signage, and provide same to the City upon request.

Services are generally outlined below but are not limited to:

A. Marketing and sale of select City properties, which may include vacant property or property with buildings

a. Provide an assessment of the market value of the property

b. Provide advice on improving marketability or potential sales price, including advice relating to building demolition or upgrades that provide a return on investment

c. Promote property through Multiple Listing Service (MLS), traditional and innovative real estate outlets, at the brokers’ expense

d. Solicit prospective buyers or partners (public or private). The City may consider public partnerships and/or public-private partnerships for certain properties.

e. Handle inquiries and be available to show property as needed

f. Provide comparative analysis of offers and make recommendations to the City

g. Facilitate negotiations with prospective buyers or partners

h. Coordinate with legal counsel on preparation for and attendance at real estate transactions closings if necessary

i. Represent the City in presenting sales to City Council

j. Provide all customary activities and services associated with real estate transactions

k. Post, maintain, and remove property for sale signs as applicable

B. Identify and facilitate acquisition of property that may meet the City’s operational needs

a. Assist with contacting property owners

b. Provide all the necessary services based on the specific needs of the City including but not limited to researching market conditions, selecting sites, attending showings, and providing an offer for the acquisition of potential properties

c. Facilitate negotiations with prospective buyers or partners

d. Act as a liaison with technical consultants (appraisers, environmental consultants) if requested

e. Coordinate with legal counsel on preparation for and attendance at real estate transactions closings if necessary

f. Prepare purchase offers and supporting documentation, to include action items during due diligence (i.e. Broker Price Opinion (BPO) or comparative Market Analysis (CMA), site access for surveying, environmental, etc.).

g. Provide all customary activities and services associated with real estate transactions

h. Represent the City in presenting proposed acquisition of property to City Council

C. General real estate consulting services

a. Provide general advice on real estate trends in the local area

b. Assist the City if requested when other public agencies are acquiring City property for public purposes such as road right-of-way or stormwater retention

c. Provide advice and perspective on attendance boundary proposals relative to real estate values

MINIMUM PROPOSER REQUIREMENTS

• Shall be an agent properly licensed in the State of Florida, in good standing of the Florida Board of Realtors, and with Multiple Listing Service and/or LoopNet privileges, at the very least.

• Shall have at least five (5) years of general real estate experience, three of which include the sale and/or acquisition of residential and commercial properties.

• Shall be knowledgeable in the local residential and commercial real estate market and in the use of all public real estate records.

EVALUATION CRITERIA

EVALUATION PROCEDURE

All proposals will be subject to a review and evaluation process. It is the intent of the City that all proposers responding to this RFP, who meet the requirements, will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible proposals received in its evaluation and award process.

Proposals shall include all of the information solicited in this RFP which are pertinent to the understanding and evaluating of the proposal. Proposers will provide their best price and cost analysis and should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each proposer will be ranked based on the criteria herein addressed.

An adjective-based scoring system shall be applied to the non-price factors throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews (if requested). A score of 0 is the least favorable and a score of 5 is the most favorable in all sections. For evaluation purposes, the term “Responsible” means: A business entity or individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perform as contractually required and be able to fully document the ability to provide good faith performance.

The Firm’s response will be scored by Committee members in accordance with the following scale:

Description

0= No information provided for the specific criteria. Firm failed to address the criteria. No documentation was provided.

1= “Poor”: Proposal is lacking or inadequate in most basic requirements for the specific criteria.

2= “Below Average”: Proposals meets many of the basic requirements for the specific criteria but is lacking in some essential aspects.

3= “Average”: Proposal adequately meets the minimum requirements of the specific criteria and is generally capable of meeting the City’s needs.

4= “Above Average”: Proposal more than adequately meets the minimum requirements of the specific criteria and exceeds those requirements in some aspects.

5 = “Excellent”: Proposal exceeds the minimum requirements in most aspects of the specific criteria.

NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section. (EXAMPLE: Maximum score of 5 X’s weighted value of 10 = Maximum of 50-Points).

Proposers submitting the required criteria will have their proposals evaluated by an evaluation committee and scored for the non-price factors to include technical response, qualifications, and experience. Weights for cost will not be assigned by the evaluation committee.

During the evaluation process and at the sole discretion of the City, requests for clarification of one or more proposer submittals may be conducted. This request for clarification may be performed by the City in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a proposer’s submittal. After written clarification is completed, the Committee members will have an opportunity to revise their individual scores for the non-price factors.

PROPOSAL SUBMITTALS & CRITERIA

• Firms shall include the following information in their written response document.

• Submit packages in the format outlined below.

• Submittals should be concise and provide only the information requested. Additional data will not be considered.

Title Page: (Non-scored) The Table of Contents shall provide listing of all major topics, their associated section number, and starting page.

Tab 1 – Table of Contents: (Non-scored) The response shall contain a cover letter signed in blue ink by a person who is authorized to commit the offeror to perform the work included in the proposal and should identify all materials and enclosures being forwarded in response to the RFP.

Tab 2 – Introduction / Letter of Response: (Non-scored) The response shall contain a cover letter by a person who is authorized to commit the Contractor to perform the work included in the Proposal submittal and shall identify all materials and enclosures being forwarded in response to the RFP. The letter shall also provide a brief description of the Contractor’s ability to meet the requirements of the RFP, to include a statement that they are financially capable to perform the scope of work required for this project and provide a brief discussion about Contractor’s business history in the marketplace.

Tab 3 - Summary of Qualifications and Project Team: (maximum 5 x 8 = maximum 40 points)

• Provide a brief overview and history of your company.

• Provide the location of the office that will service this agreement.

o A Brevard County location is preferred

• Discuss your company’s size and number of employees.

• Address the company’s expertise and qualifications to provide these services to the City of Palm Bay, including details on expertise in marketing property to local, national and international markets;

experience related to both property sale and acquisition; experience with land assemblage; and access to land use and real estate attorneys.

• Provide a detailed narrative of the service(s) you are offering.

• Provide statistics of your firm’s successful closings for the preceding five (5) years, to include type of property (vacant/unimproved vs. improved; residential vs. commercial/industrial; other).

• Describe any experience the firm has with similar services for municipal government.

• Describe any experience in contacting owners of properties whose property is not listed for sale, to include owners who are not local or located within the United States or that may be trusts or estates.

• Describe any experience with land assemblage and explain the steps and process to amass several parcels of land for purchase.

• Project Team of Personnel – o Provide an organizational chart for the project team, identifying the following team members:

Principal in Charge of the Project Licensed Real Estate Broker Real Estate Agents that will be working with District Personnel Other Key Personnel Key Sub-Consultant Personnel (if applicable)

• For each individual listed above, answer the following questions in a one-page resume. Please use a separate page for each team member.

o Where is this individual located?

o How long has this individual been employed by this respondent?

o Years of experience in commercial real estate?

o Education, licenses, certifications or accreditation?

o What is the availability of this individual to devote time to the project?

o What is this individual’s length of experience with the project team?

o Give 3 examples of specific commercial real estate experience relevant to this project.

Tab 4 - Technical Response/Marketing Strategy: (maximum 5 x 8 = maximum 40 points)

• Offeror’s business plan to meet the technical requirements of the Request for Proposal shall be included in this section.

• Information provided should include how the offeror can perform the contract within the time specified.

• Business plan should also discuss the offeror’s ability to provide future maintenance or service for the intended use of this contract if any future service is required.

• Any deviations from scope of work requirements will be discussed in this section.

• Information or documentation of any warranties on services or products provides should be included in this section.

• Describe what marketing outlets and listing services the firm will use to promote the sale of City-owned property and demonstrating an understanding of the Palm Bay real estate market.

• Develop and provide a detailed marketing strategy for the sale of City-owned properties to be sold, including your method for establishing a market price.

• Provide three (3) samples of marketing materials for property sales, to include marketing outlets and listing services for which properties were promoted.

• Explain your approach to leveraging the highest and best use for the sale of property.

• Summary your approach and the steps necessary to assist the City with land acquisition (entire parcel

vs. portion of property for rights-of-way, for example).

Tab 5 - Proposed Commission Rate: (maximum 20 points) All costs associated with delivering the requested services shall be notated in the format requested.

Calculation of points for commission rate will be completed as described in the following EXAMPLE. Lowest Cost Proposed with a weighted multiplier of 20% of an available 100% total value (20-points):

LOWEST COMMISSION

PROPOSED

% OF LOW MULTIPLIER TOTAL POINTS

ASSIGNED

Company #1 6% 100% 20 20

Company #2 10% 60% 20 12

Tab 6 – Additional Forms: (non-scored)

• Proposal Form

• Copy of required realtor license.

• Non-Collusion Affidavit

• Drug Free Workplace

• Insurance Requirements

• Human Trafficking

Tab 7 – References (non-scored) Provide a listing [minimum of three (3)] of comparable client references that are using the company’s services.

(NOTE: The City may, at its sole discretion, require a complete list of customers from proposer(s) being considered for award.) At the discretion of the Evaluation Team, the Procurement Chairman may request and tabulate written references and make a report to the Team or assign a Team member to do so. Reference checks are typically completed on the short-listed firms only; however, the City reserves the right to expand reference checks to other firms or during other phases of the evaluation process. Consideration of responses received from reference checks may be given during the final selection process.

SELECTION & AWARD PROCESS

The Evaluation Team (E-Team) will evaluate each written proposal based on the criteria in the RFP.

Evaluation Criteria Weight % of total points prior to

Short-list (out of 100) Summary of Qualifications 40 40%

Technical Response 40 40%

Proposed Commission Rate 20 20%

Based on the initial evaluation, if requested by the E-Team, a short-list of at least three (3) responding firms will be developed.

ADDITIONAL FORMS

Proposal Form

Reference Form

Non-Collusion Affidavit

Drug Free Workplace

Insurance Requirements

Human Trafficking Affidavit

PROPOSAL FORM

08-RFP-25

REAL ESTATE BROKERAGE SERVICES

ITEM DESCRIPTION

TOTAL FROM

PROPOSAL TABLE

PROPOSED COMMISSION RATE %

***This rate shall be the same for both the acquisition and sale of surplus land.

The undersigned declares that, after examining the RFP Documents for the above referenced project, does hereby submit a response to the RFP and warrants that:

a) Is authorized to offer a proposal in full compliance with all requirements and conditions, as set forth in the RFP.

b) Has fully read and understands the RFP and has full knowledge of the scope, nature, quantity and quality of the work to be performed, and the requirements and conditions under which the work is to be performed.

c) This proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud.

d) This proposal is made without a conflict of interest as described in the City’s Standard Terms and Conditions. If a conflict exists, proposer must disclose with their proposal.

In submitting this proposal, Proposer represents as more fully set forth in the agreement, that Proposer has examined copies of all the contract Documents and of the following Addenda:

Addendum #: _______ Dated: _______ Addendum #: _______ Dated _______

Addendum #: _______ Dated: _______ Addendum #: _______ Dated _______

Authorized Signature

Company

Printed Name & Title

Telephone Number

Date

Email Address

REFERENCE FORM

Bidder shall provide a minimum of three references, for which they are currently providing this type of service/commodity within the State of Florida.

1. Company Name

Contact Name and Title

Address

Phone Number E-Mail Address

Length of contract or business relationship: Start Date End date

Contract Value $

Description of work provided on this contract

2. Company Name

Contact Name and Title

Address

Phone Number E-Mail Address

Length of contract or business relationship: Start Date End date

3. Company Name

Contact Name and Title

Address

Phone Number E-Mail Address

Length of contract or business relationship: Start Date End date

NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF

, being duly sworn, deposes and says that:

(1) Person is of , the

(Title) (Firm/Company)

Firm that has submitted the attached Proposal.

(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal.

(3) Such Proposal is genuine and is not a collusive or sham Proposal.

(4) Neither the said Firm nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Firm, firm or person, to submit a collusive or sham Proposal in connection with the Agreement for which the attached Proposal has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with…