Opportunity_for_Redevelopment_as_part_of_a_Public_Private_Partnership_(Rebid)_(Addendum_#5_Revision).pdf

REQUEST FOR PROPOSAL (RFP)

2025-010

OPPORTUNITY FOR REDEVELOPMENT AS PART OF A

PUBLIC/PRIVATE PARTNERSHIP (REBID)

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: January 26, 2025

DEADLINE FOR QUESTIONS: March 11, 2025

RESPONSE DEADLINE: March 27, 2025, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stcloud

City of St. Cloud

REQUEST FOR PROPOSAL (RFP)

Opportunity for Redevelopment as part of a Public/Private Partnership

(Rebid)

I. INTRODUCTION

II. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

III. PROPOSAL CONTENT / FORMAT

IV. INSTRUCTIONS TO BIDDERS

V. EVALUATION CRITERIA

VI. INSURANCE REQUIREMENTS

VII. GENERAL TERMS AND CONDITIONS

Attachments:

A - Exhibit A Site map

B - Exhibit B St Cloud CRA Projects Map

C - Exhibit C CBD-1 Central Business District and Historic Preservation District

D - Exhibit D Survey

E - Exhibit E Environmental Site Assessment (ESA) 04-17-23

F - Exhibit F Appraisal Report

G - Exhibit G City Hall Parking Garage Design Study

H - Exhibit H St. Cloud P3 RFP Promotional Booklet

I - St. Cloud, FL Peer Analysis FINAL

J - St. Cloud, FL Demographic Overview

K - St. Cloud, FL Tapestry Profile

L - St. Cloud, FL City Limits

M - St. Cloud, FL Walmart Demos

Request For Proposal (RFP) #2025-010 Title: Opportunity for Redevelopment as part of a Public/Private Partnership (Rebid)

N - No Response Form

1. INTRODUCTION

1.1. Summary

A. SCOPE OF SERVICES SUMMARY

The City of St. Cloud (CITY) and the St. Cloud Community Redevelopment Agency (CRA) are excited to announce an enhanced opportunity for visionary and experienced developers to submit proposals for the purchase or lease and transformative development of prime City-owned properties through a Public-Private Partnership (P3). Known as “Downtown Site 1,” this project has been expanded to include three (3) additional parcels and up to $4 million in financial incentives, further enhancing the potential for impactful development.

Located in the heart of St. Cloud’s vibrant downtown district, Downtown Site 1 is a highly visible and strategically positioned area. This project represents a unique opportunity to play a pivotal role in the ongoing revitalization of St. Cloud’s historic downtown by driving economic growth and inspiring further development.To support this endeavor, the CRA has introduced additional financial incentives to complement the significant investments already made in major streetscape enhancements and infrastructure upgrades. These enhancements have laid the groundwork for the area to flourish as a dynamic hub for business, culture, and community.By partnering with the City, you’ll have the opportunity to bring your expertise and vision to life, shaping the future of St. Cloud and contributing to the next chapter of its growth and evolution.

Together, we can create a legacy of innovation and progress.

B. PRE-RESPONSE CONFERENCE

A non-mandatory pre-response conference is required for this RFP.

C. CONTRACT FOR SERVICES

After successful negotiation for the development of the Downtown Site 1, the selected Proposer shall, within 180 days of expiration of the due diligence period, execute a Development

Agreement with the CITY/CRA, which shall include performance guarantees and penalties.

D. FUND AVAILABILITY

Any Contract resulting from this solicitation is deemed effective only to the extent that funds are available. The City of St. Cloud abides by the provisions set forth in Florida Statutes relative to appropriations of funds. The ability of the successful Proposer to maintain a sense of fiscal responsibility and budgetary awareness shall be favorably considered in the ranking and award of a contract. This disclosure is being made to assist all Proposers in the gauging of their desire to participate in this Proposal and in the planning and preparation of their written response. The

City reserves the right to negotiate all Proposer fees, costs, charges, for any proposed services or appurtenant requirement.

E. PERSONNEL

The work shall be performed and directed by the key personnel identified in the submittal from the awarded firm or individual in response to this RFP. The awarded firm or individual shall not subcontract, assign or transfer any work under the agreement without the prior written consent of the City. Subconsultants must be identified in the submittal and shall be subject to the approval of the City. Any changes in the identified personnel shall be subject to the prior review and approval of the City. When directed by the City, subconsultants personnel whose performance or behavior is determined to be unsatisfactory shall be immediately removed. The awarded firm or individual shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under the agreement.

1.2. Background

The City of St. Cloud is a community of approximately 64,000 residents, covering approximately 20 square miles in Osceola County, located in Central Florida. To obtain general information about the City of St. Cloud, access www.stcloudfl.gov.

1.3. Contact Information

Procurement Services

Procurement Services

1300 9th Street

Building A, 2nd Floor

St. Cloud, FL 34769

Email: purchasing@stcloudfl.gov

Phone: (407) 957-7212

Department:

Procurement

Department Head:

Leslie Flores

Procurement Services Director

1.4. Timeline

Release Project Date January 26, 2025

Pre-Proposal Meeting (Non-Mandatory) February 17, 2025, 9:00am

Virtual meeting via Zoom, link to be issued in

Addendum 1

Question Submission Deadline March 11, 2025, 5:00pm

Proposal Submission Deadline March 27, 2025, 10:00am http://www.stcloud.org/ mailto:purchasing@stcloudfl.gov tel:(407)957-7212

2. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

2.1. Scope of Opportunity

1. Introduction and Purpose

The City of St. Cloud (CITY) and the St. Cloud Community Redevelopment Agency (CRA) are inviting proposals from qualified and experienced respondents for the purchase/lease and development of

(design, finance and construct) a City owned property as part of a Public / Private Partnership (P3). The parcel, referred to as “Downtown Site 1,” is located in downtown St. Cloud. The purpose of the project is to promote revitalization and to serve as a catalyst to stimulate additional development in the City’s downtown area. The City has made investments in major streetscape and infrastructure improvements downtown, helping prepare for additional development downtown.

2. Project Goals

The CITY/CRA has identified several goals for the project, in order of priority: number of parking spaces, retail and residential. The final development should exemplify excellence in architectural design by bringing a visually exciting signature building, utilizing superior materials and sound building practices while being compatible with the established architectural character of the downtown historic district.

The development should be an asset to the City, providing long-term financial and community benefits through a mixed-use project with commercial space on the ground level and residential/office space above, while incorporating a parking garage and public parking spaces, promoting quality job opportunities for residents, stimulating pedestrian activity, enhancing its unique identity, including art and public amenities, and fostering a sense of community pride. Like the majority of the buildings within the downtown core, this development should be an engaging, people-scaled, and friendly place where residents and visitors are eager to live, work, and play. Finally, the parking garage and additional on-street parallel parking spaces have been identified as a required infrastructure upgrade for the downtown CRA to address a parking shortfall, with this project adding the necessary parking to not only cover the additional development but also to address a portion of the existing shortfall.

Who is St. Cloud?

The City of St. Cloud is a vibrant and progressive community that embraces its history while offering an exceptional destination in which to live, work, and play. Whether St. Cloud is your hometown, where life led you, or a home for your business, one thing is certain—it’s at the center of it all. With theme parks, major metropolitan areas and rapidly expanding cities surrounding its borders, St. Cloud is the heart of

Central Florida, and it’s that heart that makes it like no other place. From the moment you cross the city limits, you are enveloped in hometown pride. Festivals and events fill the picturesque lakefront and historic downtown streets, inspiring a tradition of close-knit connections and community. That sense of togetherness can be found in every corner of our city, remaining true to the authentic nature and spirit of life in St. Cloud in the midst of growth and new opportunities.

For businesses looking to put down roots, St. Cloud offers a prime location with the resources and amenities needed to drive growth. Here, established businesses share walls with up-and-comers and value community over competition— it’s just our nature.

For a young family, it means a safe neighborhood and a big backyard for growing kids. A short drive from everything yet tucked away from the bustle of city life, it’s where your heart can call home.

Why St. Cloud for development?

St. Cloud, FL is at the heart of Central Florida. Situated along Florida’s Turnpike, close to Central Florida’s bustling tourism corridor, and about 40 minutes from Florida’s Space Coast, we are among the fastest growing cities in the nation. Our combination of natural beauty, accessibility, ecotourism, high job growth and above average homeownership rates, demonstrates our commitment to great city and diverse economy.

St. Cloud is located in Osceola County and boosts a workforce of more than 25,000 workers. Our population has grown about 12% since 2020, and continues to see 2% growth rate annually. Our community offers an exceptional workforce, advanced education and skills development, high quality healthcare, and innovations in technology. Our goal is to provide a diverse industry of employers and an educated workforce. Our high school graduation rate is 89.3%. With a 76% home ownership rate, Zillow reports a typical home value of $414,450. St. Cloud has seen the job market increase by 28% since 2015.

Future job growth over the next five years is predicted to be 13% adding an additional 11,720 jobs. This change outpaced the national growth rate. Construction, healthcare and retail are our largest industries.

Our workforce is primed and ready with high quality education institutions like Valencia College and

Osceola Technical College; both serve as direct educational feeder schools into our resident population.

In fact, Osceola Technical College consistently competes and wins awards in areas of diesel equipment technology and SMART home technologies. Valencia College is the recipient of Metallica Scholars

Initiative grant which awarded $100,000 for accelerated skills training including heavy equipment operators, welding and industrial maintenance technicians. Graduates from both programs are recruited both regionally and nationally by top tier employers such as Lockheed Martin and Space Coast USA.

Project Site

The parcel is located in the heart of downtown next to City Hall. The property is bounded on the north by 8th Street, on the west by Massachusetts Avenue, on the south by 10th Street and on the east by City

Hall. It consists of approximately 3.01 acres (see Exhibit A for map of the project site and Exhibit B for map of the site within the context of downtown and surrounding area.) The site currently has surface parking lots on four parcels, and vacant land on four parcels. The Proposer is not required to utilize the entire site. The site is in:

• Community Redevelopment Area (a portion of the site) - Enables certain incentives.

• Entertainment District (portion of the site) - Consumption of alcoholic beverages outdoors is permitted within the district subject to certain regulations and a permit has been created to make it easier for events to occur in the district.

• Historic Preservation District - Intent is to identify, protect, restore and encourage the reuse of resources (see section 5 below).

• Opportunity Zone 435 - An economically distressed census tract zone where new investments, under certain conditions, may be eligible for preferential tax treatment.

Development of the property will be subject to the requirements of the Zoning and Land Development regulations for the CBD-1 CENTRAL BUSINESS DISTRICT 1 and the HISTORIC PRESERVATION DISTRICT

(See Exhibit C).

3.1. Survey/Appraisals

A survey of the property (see Exhibit D) and an appraisal (see Exhibit F) have been performed.

3.2. Site Condition

The site is not located in a designated Brownfield area. A Phase I Environmental Site Assessment was completed in April 2023. In summary, the reports indicated evidence of Recognized Environmental

Conditions (RECs), Historical Recognized Conditions (HRECs), and/or significant data gaps in connection with the Subject Property. However, the prospective developer is advised to evaluate the site. (see

Exhibit E for the Environmental Site Assessment).

3.3. Connectivity

Sidewalks: The Proposer should provide amenities that produce a comfortable experience for pedestrians and activate the public realm such as sidewalk cafes and shade.

Parking: The Proposer is required to include a parking garage for the project and provide additional public parking spaces (a minimum of 250 parking spaces) above and beyond those required for the project, as determined by the parking standards in the City's Land Development Code for onsite parking for the proposed uses. All parking can be accommodated onsite, to include the proposed parking garage and on-street parking spaces around the site along Massachusetts Avenue and 8th Street. For on-street parking, the Proposer will be required to upgrade the streetscape and designate the spaces, consistent with City regulations. If office use is considered, then proposers are encouraged to consider “shared parking” configurations to produce more efficient parking ratios and still meet the City’s desire to provide additional spaces for the general public. For shared parking, parking requirements for two or more uses which do not conflict due to the nature and time of usage may be satisfied by the allocation of a required number of spaces in a common parking facility. Such allocation must be supported by evidence of expected parking patterns, and must fully meet expected parking demand for all common users and of the approval of plans by the city council. The Proposer will be responsible for maintenance of the parking garage and public spaces. Any change in uses which share a common parking facility will require a re-evaluation of the approval by the city council and must be incorporated into a permanent mutually binding contractual use agreement approved by the city attorney.

Alley: The CITY/CRA are receptive to development proposals that maximize the development footprint through either continuation or termination of alley as long as appropriate access is maintained. The alley should be able to be used by pedestrians and vehicles and should be aesthetically pleasing and enhance the physical appearance of the area, not solely for utilitarian purposes.

4. Downtown Public Improvements and Events

4.1. Streetscape and Infrastructure

Major streetscape and infrastructure improvements were completed for New York Avenue between US

192 (13th Street) and City Hall at 9th Street in Downtown Revitalization Project Phase 1, and on

Pennsylvania Avenue between 14th Street and 10th Street as well as the area between Pennsylvania

Avenue and Florida Avenue along 10th Street in Downtown Revitalization Project Phase 2. The improvements provided widened sidewalks to allow for outdoor restaurant seating and improve pedestrian walkability within the district. Construction included infrastructure repairs, brick repair and installation of paver designs with streetscaping and new lighting fixtures. The look of the streetscape along New York Avenue and Pennsylvania Avenue should be taken into consideration as the public spaces within and adjacent to the Downtown Site 1 are developed. Additionally, the City recently finished a Complete Streets study along 10th Street from U.S. 192 to Narcoossee Road.

4.2. Marketing and Special Events

The CITY/CRA has special events including Rockin’ the Cloud, Food Truck Fest and Monthly Market where public parking is desired. Marketing support materials such as signage, banners, advertising and incentives are used to promote the downtown district as well.

5. Development Regulations and Design Guidelines

5.1. Background

The Proposer is strongly encouraged to present a project that is unique and urban in character and design that compliments the eclectic design and feel of downtown St. Cloud. Attention to environmentally friendly design, including projects that are Leadership in Energy and Environmental

Design (LEED) certified or contain unique components that would attract attention due to innovative design elements are encouraged.

5.2. Criteria

The properties in the site are zoned CBD 1- Central Business District 1, with a future land use of COM

Commercial. In the CBD-1 district, it is the intent to establish areas within which a wide diversity of services may be provided with as dense a use of land as is consistent with the requirements of health and safety. It is further the intent of CBD-1 to be oriented to pedestrian and non-motorized movements of shoppers so that a social as well as commercial role of being the city's center shall be fulfilled.

The CBD-1 and CBD-2 districts are compatible with and are to be only assigned within a commercial land use designation on the city's comprehensive plan, future land use map. (Ord. No. 2014-06, § 1, 5-22-

2014)

Exhibit C provides the zoning code section for CBD-1 and the Historic Preservation code, which shall be used for the entire site.

6. Development Incentives

The CITY/CRA may provide up to $4 million in financial incentives as part of the required development agreement that is negotiated with the successful proposer. Any proposal that anticipates utilizing financial incentives should prepare and submit a financial proforma that demonstrates the shortfall in the development project. This includes any request for land markdowns, financial participation in the project, or any other form of public assistance requested to develop the project. The CRA may provide funding for portions of the project within the CRA boundary to fill any shortfall in the proforma.

7. Development Agreement

After successful negotiation for the development of the Downtown Site 1, the selected Proposer shall, within 180 days of expiration of the due diligence period, execute a Development Agreement with the

CITY/CRA, which shall include performance guarantees and penalties.

Closing of the sale, or commencement of the lease will occur immediately following execution of the

Development Agreement.

CITY/CRA will provide marketable title via Special Warranty Deed with standard representations and warranties.

If property is purchased, price to be all cash unless waived by the CITY/CRA or other financial arrangements are approved.

If property is purchased for appraised value, closing will not be subject to development approvals or building permits.

Uses on the Downtown Site 1 will be limited by the land use and zoning code and generally applicable regulatory laws.

Purchaser may not assign, transfer, convey or dispose of contract rights without the prior written consent of the CITY/CRA.

The CITY/CRA in its sole discretion may elect to enter into a back-up Purchase and Sale Agreement at any time prior to closing.

3. PROPOSAL CONTENT / FORMAT

In order to achieve a more consistent evaluation of all proposals, proposals shall be submitted in the following format and include the following information:

3.1. DBA*

*Response required

3.2. Authorized Representative Name/Title*

*Response required

3.3. Federal Employer Identification Number (FEIN)*

Verfied in SunBiz

*Response required

3.4. Proposal*

A. TITLE PAGE

1. The title page shall list the subject “RFP NO.2025-010 Opportunity for Redevelopment as part of a Public/Private Partnership (Rebid)” It shall also contain the proposing firm’s full legal name, physical address, mailing address (if different than physical address), telephone number and e-mail address, as well as the name, address, telephone and/or cell phone number, and e-mail address of a contact person.

B. TABLE OF CONTENTS

1. The table of contents shall list all major topics with their corresponding section title or heading and beginning page number.

C. GENERAL INFORMATION: DEVELOPMENT PLAN AND PROJECT SCHEDULE

1. Describe information about your Firm and explain why your Firm is best suited to meet the services for this RFP.

a. Identification of Proposer’s Principal who is authorized to interact or negotiate with the

City or its representative.

b. Principal’s contact name, mailing address, email address, and direct telephone number shall be included.

c. A general description of the firm and/or development team. Explain the legal organization of the firm and/or team. If a joint venture, provide a statement identifying each company and its principals that would participate financially in the proposed development and the nature and extent, or percentage, of each company or principal’s interest, or contemplated interest in the development group at the time of submission.

d. List of professionals (Architect, Engineer, General Contractor, etc.) and applicable licenses held by the firm/team and the key personnel who will be assigned to this project. Provide the license number and explain if held by an individual or firm.

Professionals must be registered and/or licensed to perform work in the State of Florida.

e. A description of the proposed use(s).

f. A projected timeline for the development plan including obtaining necessary permits, commencement of construction, and completion.

g. A design, with scaled drawings that demonstrate the project meets design criteria as set forth in the current zoning requirements.

h. A colored rendering of the site and front, back and side elevations of building (s) and decorative structures such as hardscape features and entrance signs.

i. An outline of alternatives/incentives requested (if any).

j. An outline for a proposed Developer’s Agreement.

D. QUALIFICATIONS AND EXPERIENCE OF FIRM/TEAM

1. Provide a summary of the names and qualifications of the Proposer’s Team. and the person or persons who would be directly responsible for supervising the planning, design and construction, especially with regards to their prior experience over the past ten (10) years in accomplishing development projects of similar type.

2. Identify up to four (4) comparable projects in which the Proposer and/or team members have been involved with in the last 10 years. For each project identified, provide the following:

a. Description of project.

b. Role of firm. If General Contractor, identify percentage of work self-performed.

c. Project’s final construction cost.

d. Construction completion date.

e. Project owner.

f. Reference information, per project (one current contact name and title with telephone number, fax number and e-mail address).

E. FINANCIAL BENEFIT ANALYSIS OF THE PROJECT

1. Describe the overall economic benefits that will result from the purchase and subsequent development of the Property by your firm/team. This should include, at a minimum:

a. The purchase price/lease price being offered or the proposed Public/Private Partnership arrangement;

b. Anticipated taxable value of the completed project and the projected ad valorem tax revenue over a ten (10) year period (with annual escalator for value appreciation);

c. The estimated number of jobs created during construction as well as the number of long-term jobs created/located in the Central Business District as a result of the project, if applicable.

i. Describe any residential units proposed, if applicable, including proposed price range for sales or rental rates along with the anticipated demographic profile, disposable income, and spending habits of the tenants/owners. Special consideration will be given to a project that positively affects the overall downtown area financially as well as aesthetically.

F. CONSISTENCY OF PROJECT WITH RFP GOALS

1. Describe how your project is consistent with and will advance City established/stated goals and objectives related to the downtown as outlined in this RFP.

2. Provide an architectural illustration(s) or rendering(s) of the proposed project to help illustrate how the proposal meets the City’s objective of complementing the existing downtown fabric (NOTE: These drawings can be the same as those required in Section C, item H, provided they meet the intent of this requirement also).

3. A commitment to develop and operate a mixed-use development with parking project that provides the most intensive use of the site with an emphasis on uses that are complimentary to the current retail developments in the downtown. The proposed development project must fit within the downtown in scale and design.

4. With the exception of residential, proposed uses located in the downtown are exempt from parking requirements. However, it is important to understand the parking demand of the proposed development and impact on existing on-street and off-street parking. Therefore, proposals must include a parking analysis, which identifies the direct impact the project will have on existing and future parking spaces. The analysis must address parking demand of the proposed uses and the net impact on parking. The Proposal must include provisions for on-site parking.

G. ORGANIZATIONAL AND FINANCIAL RESOURCES

1. As part of the evaluation process, the City has the responsibility of taking into account the size and complexity of the project under construction and be assured that the firm/team has the organizational and financial resources required to successfully deliver the contemplated project.

2. Please describe the following:

a. Operational stability,

b. Corporate financial resources,

c. Bonding capacity,

d. Insurance limits.

3. Financial feasibility of the proposed project - at a minimum, provide the following:

a. Sources and uses of funds for the development,

b. Project development budget (total development cost),

c. Project operating Pro Forma with clear explanation of all assumptions, and

d. Any market data which demonstrates the feasibility of the projected revenue streams.

4. Provide an assortment of appropriate corporate marketing materials, brochures, etc. from the Proposer.

5. Provide a statement indicating how the Proposer has structured its financing of similar projects.

6. Provide examples (including visuals, pictures, renderings, etc.) of four projects developed by the Proposer. Include for each project the total project cost and the breakdown between equity contributed by the developer of record, equity raised in the capital markets and debt financing and any public subsidy, discount, or incentives provided. Project audits or audited financial statements or reports may be requested at a later date.

7. Provide a statement detailing the financial performance of other similar projects with which the Proposer has an involvement, including location, site size, development costs and sales prices as appropriate.

8. If any of the above submission items are not included in the response, please describe why you are unable to provide the information.

9. Identify any contract or subcontract held by the firm or officers of the firm, which has been terminated within the last five (5) years. Identify any claims arising from a contract, or otherwise resulted in litigation or arbitration within the last three (3) years. Briefly describe the circumstances and the outcomes.

*Response required

3.5. ADDITIONAL DATA TO SUPPORT PROPOSAL*

Provide a copy of your current certificate of insurance. During the entire period of performance of any contract resulting from this solicitation, the successful Proposer shall procure and maintain the minimum insurance coverage required by the City of St. Cloud as stipulated in the Insurance

Requirements Section. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the company by the Department of Insurance of the State of Florida to conduct business in the State of Florida, with a minimum A.M. Best rating of

VII/A-. Proof of such insurance must be provided to the City prior to beginning contract performance.

*Response required

3.6. COMPLIANCE FORMS

3.6.1. Respondent's Certification*

I have carefully examined the Request for Proposal.

I hereby propose to furnish the services specified in the Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to award bid.

I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.

I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

3.6.2. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

I understand that a “”public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United

States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

A. A predecessor or successor of a person convicted of a public entity crime; or

B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement below, is true in relations to the entity submitting this sworn statement.

□ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS

FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO

UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A

CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA

STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

☐ Please confirm

*Response required

3.6.3. Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement* I, being duly first sworn state: That the named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and 47 USC Sections

225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public Accommodations and

Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous

Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section

553.501-553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal

Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42USC Section 3601-

☐ Please confirm

*Response required

3.6.4. Business Entity Affidavit (Vendor/Bidder Disclosure)*

OWNERSHIP DISCLOSURE AFFIDAVIT

A. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:

Full Legal Name:

Address:

Ownership %:

The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows

3.6.5. City of St. Cloud Drug Free Workplace Compliance Form* Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does): (Name of Business)

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

D. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the

United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I confirm that this form complies fully with the above requirements.

3.6.6. No Lobbying Affidavit*

I confirm that I am an authorized representative, maker of the attached submittal made in response to a request for bid, proposals, qualifications and/or any other solicitation released by the City of St. Cloud, and swear that the bidder and any of its agents agrees to abide by the City of St. Cloud’s no lobbying restrictions in regard to this solicitation

☐ Please confirm

*Response required

3.6.7. Certification for Contracts, Grants, Loans, and Cooperative Agreements* The undersigned certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure

Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor hereby certifies and attests to the accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

3.6.8. Vendor Certification of Scrutinized Companies Lists*

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan

List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” 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, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

I confirm that I am authorized to sign on behalf of the referenced company and certify acknowledgement and acceptance that the above statement is true.

3.6.9. Certification Regarding Debarment, Suspension, and Other Responsibility Matters*

This certification is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 93, Government-wide Debarment and Suspension, for the

Department of Agriculture (7CFR Part 3017), Department of Labor (29 CFR Part 98), Department of

Education (34 CFR Parts 85,668,682), Department of Health and Human Services (45 CFR Part 76).

I, the prospective bidder certify to the best of its knowledge and belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

B. Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements , or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any offenses enumerated in paragraph (B) of this certification; and

D. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. Any exceptions provided will not necessarily result in denial of award, but will be considered in determining bidder responsibility and whether or not the City will enter into contract with the party. For any exception noted, indicate on an attached sheet to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

☐ Please confirm

*Response required

3.6.10. E-Verify Compliance Form*

Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S.

Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

A. All persons employed by Vendor/Consultant/Contractor to perform employment duties within

Florida during the term of the contract; and

B. All persons (including subvendors/subconsultants/subcontractors) assigned by

Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department.

The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of St. Cloud, Florida; and

C. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section

448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.

The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the

Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

3.6.11. Federal Requirements (If Applicable)

Please review and confirm the acceptance of the Federal Requirements. #Federal Requirements

☐ Please confirm

3.6.12. General Terms and Conditions

Please review and confirm the acceptance of the General Terms and Conditions.

☐ Please confirm

3.7. Additional Documents

3.7.1. PROPRIETARY INFORMATION

https://procurement.opengov.com/portal/stcloud/projects/141287?section=undefined

Please upload any additional documents to include proprietary information, if applicable.

4. INSTRUCTIONS TO BIDDERS

4.1. PUBLIC RECORD STATEMENT

By submitting a proposal to the City of St. Cloud, each Bidder acknowledges and understands that the

City of St. Cloud is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”) and all responses are deemed a public record and open to public scrutiny. Any Proposal document the Bidder submits will be a public record when the City of St. Cloud provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the

Public Records law. Bidder expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records Law, to include:

A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein.

B. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida’s

Public Records law or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfers, at no cost, to the City, all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

E. If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the

Contractor's duty to provide public records relating to this contract, Contractor shall contact the City's custodian of public records at City Clerk's Office, 1300 9th Street, St. Cloud, Florida

34769, telephone 407-957-7300, email cityclerk@stcloudfl.gov

4.2. ACKNOWLEDGEMENT

A. Submission of a proposal shall constitute an acknowledgement by the Bidder and certifies that they have thoroughly examined and is familiar with the Request for Proposal. The failure or neglect of the Bidder to examine the RFP shall in no way relieve him/her of any obligations with respect to either his/her proposal or the RFP.