P-25-02-COC_RFP.pdf

REQUEST FOR PROPOSAL

P-25-02-COC

FOR THE PURCHASE/DISPOSAL OF

SURPLUS REAL ESTATE FOR THE

DEVELOPMENT OF AFFORDABLE HOUSING

IN THE MICHAEL C. BLAKE SUBDIVISION IN

COCOA FLORIDA 32922 SITUATED IN THE

DIAMOND SQUARE COMMUNITY

REDEVELOPMENT AREA

RFP P-25-02-COC

REQUEST FOR PROPOSAL

FOR THE PURCHASE/DISPOSAL OF

SURPLUS REAL ESTATE FOR THE

DEVELOPMENT OF AFFORDABLE HOUSING

IN THE MICHAEL C. BLAKE SUBDIVISION

AND OTHER SELECTED PARCELS IN

COCOA FLORIDA 32922 SITUATED IN THE

DIAMOND SQUARE COMMUNITY

REDEVELOPMENT AREA

This Request for Proposal (“RFP”) is issued in accordance with the Community Redevelopment Act of 1969 (s. 163.330 – s. 163.463, Florida Statutes) and specifically related to the disposal of real property provisions set forth in Section 163.380, Florida Statutes. The City of Cocoa, Florida a municipal corporation existing under the laws of the State of Florida invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to develop, design, permit, construct, finance, affordable housing in the Michael C. Blake Subdivision and other selected parcels located in the Diamond Square Community Redevelopment Area. The subdivision plat and Individual parcel identification numbers are attached as Exhibits “A” and “B”.

Although subject to change at the City’s discretion, a current schedule of City known actions and deadlines regarding this RFP are as follows:

Action Date Local Time

RFP Advertised: Friday September 20, 2024 8:00 AM Optional Pre-Proposal Meeting (see separate announcement) Tuesday, October 8, 2024 10:00 AM

Deadline for Respondent Questions: Tuesday, October 15, 2024 5:00 PM Proposal Submission Deadline: Friday, October 25, 2024 3:00 PM Proposal Review November 2024 Presentations before Ranking Committee (Optional): November 2024

City Council consideration of proposals – authorize negotiations with selected proposer

December 2024

City Council consideration of negotiated Project Agreement with selected proposer TBD

Response packages shall be mailed or hand-delivered to the Office of the Purchasing Manager, located at 65 Stone St., Cocoa, Florida 32922. Responses received after the specified time and date will not be accepted. The City will not be responsible for mail delays, late or incorrect deliveries. The clock located in the Office of the Purchasing Manager will be the official authority for determining late responses.

One (1) original (MARKED “ORIGINAL”) and five (5) copies and one (1) electronic copy on CD or USB Flash Drive in PDF format, of all responses and required attachments must be executed and submitted in a sealed envelope. Respondent shall mark response envelope, RFP# P-25-02-COC.

Respondent name and return address must be clearly identified on the outside of the envelope.

SECTION I. BACKGROUND

The City of Cocoa owns multiple parcels located within the Diamond Square Community Redevelopment Area, and in accordance with the Diamond Square CRA’s Redevelopment Plan, seeks to redevelop the parcels as a vibrant, active, dynamic keystone development that will further the City’s and Community Redevelopment Agency’s goals and objectives. The City desires a project that has the ability to provide affordable housing in the Michael C. Blake Subdivision (Exhibit “A”) and on the parcels identified in Exhibit “B”. This RFP has been issued in accordance with Section 163.380, Florida Statutes.

As such, the City shall consider all such proposals consistent with this RFP and the financial and legal ability of the persons making such proposals to carry them out; and the City may negotiate with the selected proposer for the purchase, lease, or other transfer of the subject property for purposes of constructing an affordable housing project and meeting the objective of this RFP. The City may accept such proposal and negotiate a written agreement as it deems to be in the public interest and in furtherance of the purposes of the Act and the CRA’s Redevelopment Plan.

The Project Agreement, if successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants running with the land, as the City deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP. The Project Agreement, if successfully negotiated by the parties and approved by the City Council, shall obligate the proposer to close on the conveyance of the subject property and devote the subject property to an affordable housing project and shall obligate the proposer to comply with such other requirements as the City of Cocoa may determine to be in the public interest, including the obligation to begin any improvements on such real property within a reasonable time and complete construction within the development schedule required by the City of Cocoa.

The parcels are currently zoned for Single-Family Residential Development (RU-1-7), for high quality residential development. The future land-use for the parcels is Medium Density Residential. Overall, the aim is to create vibrant, sustainable neighborhoods that provide a range of housing options while integrating well with the existing community fabric. This density helps support walkable communities and can make it easier to provide local services and amenities. A map of the subject parcels is included in this RFP. An affordable housing development is expected to serve as a catalyst for redevelopment in the Diamond Square Community Redevelopment Area and the City of Cocoa. Proposals submitted under this RFP should be attractive, stimulate additional development activity, and substantially add to the vibrancy of Diamond Square.

Respondents should review and evaluate the applicable Comprehensive Plan and Zoning Code requirements to determine the development requirements for these land uses and zoning designations before submitting a proposal.

The Diamond Square area of the City of Cocoa is located on the southern border of the City and encompasses those parcels on the western boundary of the Florida East Coast Railroad ROW, south to Rosa L. Jones Dr., north to School St., and west to Pineda St. This area is the original African American settlement area in the City of Cocoa. The Diamond Square Community Redevelopment Area was established in 1998 in accordance with Chapter 163.355, Florida Statutes. Goal number 2 of the Redevelopment Plan is to Increase Partnerships with Housing Developers. A partnership with developers in Diamond Square would transform the community, providing affordable housing units for homeownership opportunities. Cocoa is a unique, vibrant and diverse community situated in the heart of the Space Coast along the Indian River in Brevard County. The City serves as the gateway to the Space Coast’s beautiful beaches and activities, and Central Florida’s many amenities. The Metropolitan Area which includes the City of Cocoa, according to the Milken Institute, has the second-best performing economy in the United States and is rated the third Best Place to Live in Florida per US News and World Report. Recently, Brightline extended their commuter rail system from South Florida, through Cocoa, to Orlando, expanding opportunities in the Central Florida region. Earlier this calendar year Brightline announced that the City of Cocoa will be the location of a new Brevard Brightline Station.

The development site is situated within Diamond Square, a short distance to Historic Cocoa Village and the Heart of Cocoa. Diamond Square is home to historic landmarks such as the Historic Moore Center, home of the Leon & Jewel Collins Museum of African American History and Culture; the Historic Monroe Center, home to Emma Jewel Charter Academy; and Provost Park. Several families in Diamond Square provided significant contributions to the growth and development of the community and the City. Cocoa is merely minutes to attractions such as Port Canaveral’s cruise port (the world’s busiest cruise port), Kennedy Space Center, the Brevard Zoo, and the USSSA sports complex.

SECTION II. PROPERTY DESCRIPTION

The Subject Property consists of seventeen (17) parcels. The parcels combined represent 2.83 acres of Residentially zoned land. The parcels are currently platted as part of the Michael C. Blake Subdivision.

(See Plat attached as Exhibit “A”).

The future land-use for the Subject Property is “Medium Density Residential”. The RU-1-7 Zoning requires the following bulk regulations: Minimum living area – 1,200 sq. ft. and maximum height – thirty-five (35) feet. The minimum yard setbacks were recently modified by City Council and include the following requirements:

• Front setback – Twenty (20) feet

• Side interior setback – Five (5) feet

• Side corner setback – Ten (10) feet

• Rear setback – Ten (10) feet

The property has access to all typical utilities including but not limited to water, electric, telephone, sewer, and internet. However, any project developed on the subject property will be subject to a concurrency evaluation in accordance with applicable law.

The City is not aware of any known soil or groundwater contamination that may adversely affect development, but developers will be required to conduct their own due diligence regarding the property and provide copies of any environmental reports to the City of Cocoa. The site had been vacant since the City of Cocoa acquired the subject property for redevelopment in 2016, however five homes were constructed and sold this year.

SECTION III. INTENT

1. The City of Cocoa will sell the property identified in Exhibits “A” and “B” to develop, construct, and sell single family affordable housing units consistent with the CRA’s and City’s policies and objectives located within the Diamond Square Community Redevelopment Area in Cocoa, Florida.

2. The City of Cocoa is fee-title owner of the subject Property. The City intends to provide site control by fee-simple conveyance, subject to final approval by City Council. The Property will be sold to the successful developer pursuant to the terms and conditions of a Development Agreement. The Property will be sold on an “as-is” basis and conveyance will occur after site-plan approval.

3. The City is seeking proposals that offer the opportunity to develop the greatest number of affordable housing units within the subdivision.

4. The homes must meet the minimum living area square footage of 1,200 sq. feet and must not exceed the current maximum HUD sales price of $273,000 or as re-estabilished by HUD at the time of sale.

5. It is the City’s intent that as an affordable housing development the homes must benefit buyers with household income levels ranging from 30% to 120% of Brevard County’s Area Median Income (AMI).

6. The successful developer will be required to obtain all required permits for construction. It shall be the responsibility of the proposers to diligently conduct additional research to verify permitting requirements for the project.

7. The City will consider the following incentives to facilitate the project:

a. Assistance with the application and receipt of any City regulatory approvals as required for site plan approval.

b. Streetscape improvements within the right-of-way.

c. Waiver of certain permit fees.

d. Waiver of certain impact fees.

8. The selected proposer/s must be able to commit to complete construction, with certificates of occupancy, of the affordable housing development of all homes within the subdivision within twelve (12) to sixteen (16) months from the date that the site plan is approved by the City.

SECTION IV. HIGHLIGHTED REQUIREMENTS

The City is seeking an experienced and well-financed developer that is capable of purchasing all identified lots to develop and construct affordable housing on all lots within the timeframe specified within this RFP. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting elevation drawings or other photos/illustrations and conceptual site development plan. Proposals will then be evaluated and ranked by a committee appointed by the City Council. The top ranked proposer will then be invited to negotiate the terms and conditions of a written project agreement with the City. The selection of the top ranked proposer does not in any way form a contract with the City. Rather, it is simply an invitation to commence negotiations with the City to draft a mutually agreeable project agreement which shall be subject to consideration and final approval by the City Council. No guarantees or representations whatsoever are given by the City that the selected proposer will be able to successfully negotiate a written project agreement with the City Council, and neither is the City obligated or required to provide an executable project agreement. If selected and invited to negotiate a project agreement, the negotiation period shall not exceed three (3) months and can be terminated at any time by the City Council. Upon expiration or termination of the negotiations, the City Council may choose to negotiate with any other proposer or terminate the RFP at the City Council’s sole and absolute discretion. A contract is formed with the City only at such time the City Council and selected proposer approve and execute the written project agreement. Otherwise, the selected proposer, regardless of the fact that a proposal was submitted, and the parties negotiated, has no rights whatsoever to acquire the subject property and/or construct a mixed-use project on the property.

The project agreement is expected to address the agreed upon terms and conditions of the project including, but not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and restrictions, including covenants running with the land, as the City deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP which are to construct a SINGLE-FAMILY AFFORDABLE HOUSING DEVELOPMENT project, and such other design, permitting, financial, development schedules, and construction terms and conditions deemed necessary by the City.

SECTION V. PROPOSAL REQUIREMENTS

Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non-responsive and not considered for award. All decisions made by the City Council shall be deemed Final. All Proposers must demonstrate the following:

COVER LETTER

Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate and bind the firm making the Proposer. The Proposer or authorized representative is attesting that the information provided is current and factual.

The letter shall include:

• Date

• Proposers Information (history, length of existence & business structure)

• Representatives Contact Information (telephone number and email address)

• Proposer’s federal taxpayer identification number

• Confirmation of Proposer meeting ALL minimum requirements

• Type of ownership, if applicable (small business, small disadvantaged business or women-owned business)

• A detailed description of the nature and status of any pending or completed litigation claims made, contract disputes, alleged defaults and liens arising in connection with the performance of any services by your company or by current or former members of your firm, within the last three years. If proposer intends to utilize subcontractors or sub-consultants, provide similar information for the subcontractors/sub-consultants.

Anonymous proposals or proposals submitted by third parties claiming to be acting on behalf of the firm who will be responsible for contracting with the City and completing the SINGLE-FAMILY AFFORDABLE HOUSING DEVELOPMENT will not be accepted.

TABLE OF CONTENTS

Include a clear identification of the materials included in the Proposal by numbering them and providing the proper page number.

QUALIFICATIONS (TAB 1)

PROPOSER/COMPANY QUALIFICATIONS

• A detailed summary of the developer’s experience in being the lead developer for the acquisition and development of affordable housing and/or housing developments.

• A brief description of at least (3) most comparable projects that the developer has served as the lead developer and has successfully completed.

NOTE: The use of past project photos, renderings and graphics from the developer’s previously completed projects are highly encouraged, and the lack of such photos, renderings and graphics in the proposal may be construed by the City that the developer is lacking the experience that the City is seeking for this project.

TEAM QUALIFICATIONS

• Team members and credentials

• Include information for the proposed Master Planner, Architect, or Contractor for the project

• Provide up to two comparable projects undertaken, as part of this team or separately by each professional. (Note which projects the professional consultants and contractors provided the services on behalf of the Proposer).

• Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief background outlining relevant work performed within the last five (5) years.

• Provide the Florida registration numbers of professional personnel.

PROPOSED USE (TAB 2)

PROPOSED USE OF SITE

• Describe the proposed use of the site.

• Include conceptual plans, elevations, and renderings, etc.

• A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning requirements.

• Colored renderings of the site and front, back and side elevations of building (s) and decorative structures such as hardscape features and entrance signs.

• Requested Waivers. A summary of any relief to be proposed from the Land Development Code or a summary of any relief to be proposed from fees associated with site plan review of the property.

PROPOSED COMPLETION TIME

• Describe proposed completion time for this project, outline time frames for site planning, permitting, construction, etc.

FINANCIAL REQUIREMENTS (TAB 3)

FINANCIAL ABILITY

• Provide sufficient evidence of secured financing, or having the ability to secure all required financing no later than the time of committing to complete the mixed-use development project by contract with the City of Cocoa. Evidence of financial resources to complete the proposed project in a timely fashion and provide long-term financial support to the project after built is a material and absolute minimum requirement. Proposers with speculative, highly contingent, or unsubstantiated financial resources should not submit a proposal under this RFP because they will not be considered by the City.

• Funding Mechanism. Explain the proposed funding mechanism amount (i.e. how the development will be funded) timeframe and terms. The proposer is responsible for all building and other permits and fees which are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit bank documents that support their application.

NOTE: This evidence can be shown by the Proposer’s audited or compiled financial statements, or signed letters from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity source letterhead and include details of the financial entity’s experience in working with the Proposer on similar- sized or larger projects and their willingness to consider funding the proposed project subject to successful negotiations and due diligence.

CONFIDENTIAL INFORMATION:

Pursuant to section 119.071, Florida Statutes, any financial statements that the CRA requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked “Confidential Financial Statement Enclosed.” By submission of a response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request.

REQUIRED FORMS (TAB 4)

FORMS All Forms required by the RFP shall be fully executed by the Proposer and submitted.

1. A signed Proposal Form (Exhibit “C”).

SECTION VI. PRE-PROPOSAL CONFERENCE.

This will be an opportunity to attend a pre-proposal forum for the purposes of proposal vision casting and to address any Questions and Answers relative to the development of the proposal.

Appropriate staff will be in attendance. Notice of such pre-proposal conference will be posted by the City. Relevant documents such as the Parking Study will be available on the City website (https://www.cocoafl.org/DocumentCenter/View/14775).

SECTION VII. PROPOSAL PACKAGE

Please submit One Original marked “Original” and five (5) copies of the Proposal and one (1) electronic copy on CD or USB Flash Drive in PDF format.

SECTION VIII. DELIVERY

Proposals should be marked ʺPROPOSAL FOR M C B S U B D I V I S I O N ʺ and delivered:

(1) By hand, courier, FEDEX or otherwise to the Office of the Purchasing Manager, located at 65 Stone St., Cocoa, Florida 32922, City of Cocoa, Florida; or

(2) By USPS mail to Purchasing Manager, at 65 Stone St., Cocoa, Florida 32922, City of Cocoa, Florida.

SECTION IX. SUBMITTAL DEADLINE.

The deadline to submit proposals shall be 3:00 p.m. local time on Friday, October 25, 2024. Proposals received after the specified time and date will not be considered. The CITY will not be responsible for failure of the United States Postal Service, private courier, or any other delivery means to deliver a proposal to the appointed place at the specified time to be considered. The clock located in the lobby of the City Hall will be the official authority for determining late responses.

https://www.cocoafl.org/DocumentCenter/View/14775

SECTION X. SELECTION AND PROJECT AGREEMENT

Proposals will be ranked in accordance with and must meet the RFP selection criteria in the attached Exhibit “D”. Evaluation committee members shall review and rank all qualified proposals which will then be presented to City Council for selection and the proposal selected, if any, that is determined to be in the public interest for uses in accordance with the CRA’s Redevelopment Plan and other master planning documents of the City and CRA. Qualified proposals received by the CITY will be presented to the Cocoa City Council for consideration of ranking all qualified proposals for purposes of determining which proposer, if any, will be invited to commence negotiating the terms and conditions of the project agreement. The proposal selected is only considered preliminary information to consider in negotiating the project agreement and is not considered a contractual offer. Selection of a proposer to negotiate shall not in any way form a contract with the City. All terms and conditions of the project agreement are subject to negotiations and must be in a separate legal written instrument approved and executed by both the City Council and proposer. All other verbal and written communications between the City and employees and any proposer including, but not limited to, those made during the selection and negotiation process shall not constitute a contract. The City reserves the right, at its sole discretion, with or without notice, to cease and/or commence negotiations with any of the Proposers that have submitted a proposal at any time. Any binding agreement shall be approved separately from the rankings by, and at the sole discretion of, the City Council and shall be in writing and dependent on numerous factors including the Proposer’s ability to accept the terms and conditions of a mixed-use development project which the City finds desirable and in the public interest. Other written agreements with the City of Cocoa will be required to construct the mixed-use development project, and such agreements will be a condition in the project agreement with the City, but negotiated and approved separately with the City in accordance with applicable requirements and procedures of the City of Cocoa.

SECTION XI. INQUIRIES AND QUESTIONS.

All inquiries, questions, requests for interpretation, correction, or clarification can be made to City of Cocoa Purchasing Contract Manager, Brian Dale 321-433-8833, or email bdale@cocoafl.gov. If it becomes necessary to revise or amend any part of this RFP, the Purchasing Manager will furnish the revision by written Addendum to all prospective Proposers who are recorded with the CRA as having received an original RFP.

PROPOSERS AND PERSONS DESIRING TO RESPOND TO THIS RFP ARE HEREBY NOTIFIED THAT

ALL COMMUNICATIONS REGARDING THIS RFP, WHETHER IN WRITING, ELECTRONIC,

VERBAL, OR BY SOME OTHER MEANS, AND WHETHER MADE INDIRECTLY BY THIRD PARTIES

OR DIRECTLY BY THE PROPOSER OR PERSON DESIRING TO RESPOND TO THIS RFP SHALL BE

SUBMITTED TO THE CITY’S PURCHASING MANAGER, EXCEPT LEGAL MATTERS MAY BE

DIRECTED TO THE CITY ATTORNEY DIRECTLY OR THROUGH THE PURCHASING MANAGER.

EXCEPT AS EXPRESSLY REQUIRED BY THIS RFP FOR FORMAL PRESENTATIONS (IF ANY), ANY

INDIRECT OR DIRECT COMMUNICATIONS AND LOBBYING REGARDING THIS RFP MADE TO

MEMBERS OF THE CITY COUNCIL, MEMBERS OR ANY SELECTION ADVISORY COMMITTEE, OR

ANY OTHER CITY OFFICIAL ARE STRICTLY PROHIBITTED AND SHALL CONSTITUTE GROUNDS

FOR IMMEDIATE DISQUALIFICATION.

mailto:bdale@cocoafl.gov.

SECTION XIII. CITY AND AGENCY RESERVATIONS

A. The City reserves the right to:

(1) Modify, waive, or otherwise vary the terms and conditions of this RFP at any time, including but not limited to, deadlines for submission and proposal requirements, with the exception that a written project agreement is required and necessary to bind the City.

(2) Hear presentations from the top-rated firm(s).

(3) Select one or more proposals to develop the entire site or a portion thereof; or award the developments rights for the site to more than one developer.

(4) Waive irregularities in the proposals.

(5) Reject or refuse any or all proposals.

(6) Modify, cancel and withdraw this RFP at any time.

(7) Negotiate with any or all Proposers to obtain terms most beneficial to the City, and impose such covenants, conditions, and restrictions, including covenants running with the land, as the City deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP which are to construct a mixed-use development project.

(8) Terminate negotiations with any proposer for any reason and at any time, without recourse against the City and its officials and employees.

(9) Select the proposal which, in its sole and absolute discretion, best serves the interest of the City.

(10) Require the proposer to comply with any and all City of Cocoa code requirements as a condition of permitting and constructing the mixed-use project, and such compliance will be determined in the City of Cocoa’s sole and absolute discretion.

SECTION XIV. BID SECURITY and COST REIMBURSEMENT.

In order for a proposal to be considered by the City during this RFP process, the proposer shall be required to furnish security in the form of a Security Proposal Bond issued by a surety acceptable to the City, postal money order, certified check, cashier’s check, or irrevocable letter of credit in the amount of $15,000 payable to the City (“Security”). Failure to furnish the Security in the proper form and amount, by the time set for the opening of the proposals, shall be cause for the rejection of the proposal. The Security will be returned to unsuccessful proposers as soon as practicable after the City has selected and invited a proposer to commence negotiations of a project agreement, and such negotiations have commenced.

With respect to the proposer selected by the City Council to negotiate a project agreement, if the proposer accepts the invitation to negotiate the project agreement, the Security shall be maintained by the City and returned to selected proposer only upon the selected proposer successfully negotiating a project agreement and later obtaining site plan approval by the City of Cocoa and closing on the purchase of the subject property. However, the City may immediately claim payment of the Security if the selected proposer commences negotiations, and either of the following three events occurs for any reason whatsoever: (1) negotiations are terminated by the City Council or proposer without obtaining approval and execution of a written project agreement, or (2) site plan approval is not obtained from the City in accordance with the terms and conditions of an approved written project agreement, or (3) the closing on the property does not occur and the written project agreement is terminated, then the selected proposer shall be liable to reimburse the City for all labor, fees and expenses incurred by the City including, but not limited to, staff time, consultant fees, and attorney’s fees related to this RFP and any implementation of the written project agreement should it be approved and executed by the City Council and proposer. Upon submittal of the Security required hereunder, the proposer hereby agrees that such actual labor, fees and expenses are difficult to ascertain at this time, but such labor, fees and expenses are estimated to be at least equivalent to the full amount of the Security, and such Security is a fair representation of the anticipated cost of labor, fees and expenses that will be incurred by the City and subject to reimbursement. As an economic incentive and City contribution to the approved mixed-use project, the Security will be returned to the selected proposer if the closing on the City property occurs in accordance with the terms and conditions of the written project agreement.

SECTION XV. DISCLOSURE

(1) Information contained in this RFP is believed to be reliable; however, interested parties should rely on their own experts for counsel.

(2) All proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. However, proposals will be exempt from public records disclosure for a period of time in accordance with Section 119.071, Florida Statutes. Furthermore, certain exemptions to the public records law are also statutorily provided for under section 119.07, Florida Statutes and other applicable laws, for certain information such as “trade secrets”. If the Proposer believes any of the information contained in his or her response is exempt from the Public Records Law, then the respondent 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.

(3) No contractual, legal, equitable or development rights of any kind are afforded to any proposer submitting a proposal under this RFP unless and until the City and the selected proposer are able to successfully negotiate a written Project Agreement, which shall require approval and execution by the City Council and the selected proposer to be binding. The City is under no requirement or obligation to provide any proposer an executable project agreement, and such parties shall participate equally in drafting such agreement during the negotiation process.

(4) PUBLIC ENTITY CRIMES–- A person or affiliate who has been placed on the Convicted

Vendor List following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or perform any public work, may not submit a response for leases of real property to a public entity, may not be awarded or perform work as a contractor, 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. A person or affiliate on the Convicted Vendor List will not be considered under this RFP by the City.

(5) The City is not responsible for any expenses that Proposers or prospective Proposers may incur in preparing and submitting responses 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 respondent. The City will not be liable for any costs incurred by the respondent in connection with any interviews/presentations (i.e., travel, accommodations, etc.). Proposers are hereby advised that Proposers submit or consider submitting proposals under this RFP at their sole risk and that the City will not be liable or responsible for any claims for damages or equitable relief resulting from the City’s exercise of its discretion to approve or reject any proposal submitted in furtherance of this RFP. Nothing contained in this paragraph or elsewhere in this RFP is in any way intended either to be a waiver of the limitation placed upon the City’s liability as set forth in Section 768.28 Florida Statutes, or to extend the City’s liability in any respect whatsoever including, but not limited to, in an action based on a tort, beyond the limits established in said Section 768.28 Florida Statutes.

EXHIBIT ʺAʺ

EXHIBIT ʺBʺ

EXHIBIT “C”

PROPOSAL COMMITMENT FORM

By submitting an RFP proposal and executing below, the undersigned individual hereby represents and warrants that they have the full authority on behalf of Proposer to submit this RFP package to the Cocoa City Council and bind the Proposer to the terms and conditions of this RFP. The Proposer represents and warrants to the Cocoa City Council that they have read, understand, and agree to abide by all the terms and conditions set forth in the RFP Package and all subsequently issued addendums including, but not limited to, the Bid Security requirements. Further, Proposer certifies, represents, and warrants that all information contained in Proposer’s RFP submittal is accurate and truthful and that the Cocoa City Council will rely on said information during the RFP process.

Proposer further understands and agrees that misleading, fraudulent, untruthful, and deceitful information, whether presented to the City in writing or verbally, shall be grounds for immediate disqualification. Additionally, Proposer agrees that the Cocoa City Council shall have the sole discretion to rank, select and negotiate with any proposer under this RFP. The ranking and selection of a proposer to negotiate the terms and conditions of a written project agreement by the City does not guarantee that a written project agreement will be approved by the City Council. Without limiting any other provision in the RFP, the Proposer hereby agrees that no contractual, legal, equitable or development rights of any kind is afforded to any proposer submitting a proposal under this RFP unless and until the City and the selected proposer are able to successfully negotiate a written Project Agreement, which shall require approval and execution by the City Council and the selected proposer to be binding. The City is under no requirement or obligation to provide any proposer an executable project agreement, and the selected proposer shall participate equally in drafting such agreement during the negotiation process. The Proposer hereby waives any and all rights to claim or bring any legal action in equity or law against the City of Cocoa that submittal of a proposal, or selection of a proposal by the City Council to negotiate a written project agreement, constitutes a contract or other binding commitment on the City. The Proposer understands and agrees that only a written project agreement approved at a duly held public meeting and executed by the City Council will be binding on the City.

The undersigned certifies that the enclosed proposal is being submitted and is subject to the terms and conditions as outlined in the Request for Proposal as issued by the City on Monday, August XX, 2024.

Name of Company/Organization Signature of Authorized Principal

Printed name/title of Principal Phone

E‐mail address Fax

Exhibit “D “ Evaluation Criteria

Proposer Name:

Evaluator:

Evaluation Criteria Maximum Weight

Professional Abilities/Experience 20% Development Concept and Project Design

30%

Financing Plan 20% Development Schedule 30%

Evaluator Comments:

Professional Abilities/Experience

Development Concept and Project Design

Financing Plan

Development Schedule

EXHIBIT ʺEʺ

Diamond Square CRA Redevelopment Plan

This exhibit provides a link to the publicly available Diamond Square CRA Redevelopment Plan Update for 2014.

Link: https://www.cocoafl.gov/DocumentCenter/View/14764/Diamond- Square-Redevelopment-Plan-Update-2014-ADA?bidId= https://www.cocoafl.gov/DocumentCenter/View/14764/Diamond-Square-Redevelopment-Plan-Update-2014-ADA?bidId= https://www.cocoafl.gov/DocumentCenter/View/14764/Diamond-Square-Redevelopment-Plan-Update-2014-ADA?bidId=

EXHIBIT ʺEʺ