pompano b RFP26-043_FINAL_POSTED.pdf

Redevelopment Opportunity Issued by the Pompano Beach Community Redevelopment Agency

REQUEST FOR PROPOSALS (RFP)

[Pursuant to the Northwest CRA Plan and Section 163.380 Florida Statutes]

RFP26-043 – Developer/Operator to Design, Fund, Maintain and Operate a Restaurant “Old Town Arts and Entertainment District” 11

N.E. 1st Street

Non-Mandatory Pre-Proposal Meeting:

July 16, 2026, at 10:00 AM

Virtual Zoom Meeting

For access, go to: https://www.pompanobeachfl.gov/meetings

Written Questions Due on or before July 23, 2026

5:00 PM

RFP DUE DATE and OPENING: August 6, 2026

2:00PM

Virtual Zoom Meeting

For access, go to: https://www.pompanobeachfl.gov/meetings

June 29, 2026

Dear Prospective Proposers, SUBJECT: REQUEST FOR PROPOSALS (RFP) RFP26-043

The Pompano Beach Community Redevelopment Agency (“CRA”) is seeking sealed proposals from qualified respondents for the development and operations of a restaurant located at 11 Northeast 1st Street in the “Old Town Arts and Entertainment District” in the City of Pompano Beach.

The purpose of this Request For Proposal (RFP) process is to select a qualified respondent with proven experience, financial resources, and professional expertise to design, renovate and construct a new restaurant on this pivotal site located on the southeast corner of N.E. 1st Street and North Flagler Avenue.

Proposers must be registered on the City’s eBid System to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded for free from the eBid System at https://pompanobeachfl.ionwave.net/. Proposals must bear the electronic signature of an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship in the Proposer's name. THE CITY will consider the submittal of a proposal as constituting an offer by the Proposer to perform the required services at the prices stated herein. The City is not responsible for the accuracy or completeness of any documentation the Proposer receives from any source other than the eBid System. The proposer is solely responsible for downloading all required documents. Responses will be electronically unsealed in a public forum and read aloud.

Proposals must be submitted electronically at (https://pompanobeachfl.ionwave.net), referred to hereinafter as the eBid System, on or before the date and time stated in Section 2 - Schedule of Events. Proposals received after 2:00 p.m. ET on the due date will not be considered, and late bids will not be accepted.

The Cone of Silence shall take effect once this solicitation is released to the General Public. Respondents to this solicitation or persons acting on their behalf may not contact any aspect of this solicitation, except in writing, to the Procurement and Contracts Department staff, until the CRA Board of Commissioners takes action by approving or rejecting the award. Violation of this provision may be grounds for rejecting a response and or being disqualified. (F.S. 287.057 (25)). Any proposer or lobbyist for a proposer is prohibited from having any communications concerning any solicitation for a competitive procurement with any member of the City Commission, CRA Board of Commissioners, CRA Staff, City Clerk, City Manager’s Office, CRA Staff, CRA Advisory Committee members, and any Evaluation Committee Member, or any other City of Pompano Beach employee after Procurement and Contracts releases a solicitation to the General Public. All communications must go through the Procurement and Contracts Department staff.

Any proposer or lobbyist for a proposer is prohibited from having any communications concerning any solicitation for a competitive procurement with any member of the City Commission, CRA Board of Commissioners, City Clerk, City Manager’s Office, CRA Staff, CRA Advisory Committee members and any Evaluation Committee Member, or any other City of Pompano Beach employee after Procurement and Contracts releases a solicitation to the General Public. All communications must go through the Procurement and Contracts Department staff.

No other member of the City Commission, City Clerk, City Manager’s Office, any Evaluation Committee Member, or any other City of Pompano Beach employee should be contacted concerning this RFP. Any information that amends any portion of this RFP received by any method other than an Addendum issued to the RFP is not binding on the City of Pompano Beach.

Carefully read all portions of the RFP document to ensure the Proposer's bid fully complies with all requirements.

Table of Contents

1. DEFINITIONS

2. SCHEDULE OF EVENTS

3. INTRODUCTION AND GENERAL INFORMATION

4. SUBMITTAL INSTRUCTIONS AND REQUIREMENTS

5. SELECTION AND EVALUATION CRITERIA

6. EVALUATION AND AWARD

7. STANDARD PROVISIONS

8 ADDENDA

9 ATTACHMENTS AND EXHIBITS

1. DEFINITIONS

The following words, when used in this RFP, shall have the meanings ascribed to them, except where the context indicates a different meaning:

• “Bid” means an offer or Proposal submitted by a Proposer in response to any formal bid or solicitation.

The terms "Bid" and "Proposal" may be used interchangeably throughout this RFP.

• “Contract” means any agreement resulting from this RFP. " Contract" and "Agreement" may be used interchangeably throughout this RFP.

• “Project” means furnishing all labor, materials, equipment, and services necessary to perform Developer/Operator to Design, Fund, Maintain and Operate a Restaurant “Old Town Arts and Entertainment District” 11 N.E. 1st Street and related services in accordance with this RFP and any resulting Agreement.

• “Proposer” means the company/firm, corporation, joint venture, partnership, individual, or other legal entity submitting a Proposal to this RFP. The terms Proposer and Contractor may be used interchangeably throughout this RFP.

• “Proposal” means the complete response of the Proposer to the RFP, including adequately completed forms and supporting documentation. The terms "Proposal" and "Solicitation" may be used interchangeably throughout this RFP. The insurance requirements described herein reflect those deemed necessary by the City for the agreement/contract.

• “CRA” means the Pompano Beach Community Redevelopment Agency.

• “City” means the City of Pompano Beach, Florida, which is acting as the procurement agent on behalf of the CRA for purposes of this solicitation.

Unless otherwise stated, references to the “City” or the “CRA” in this RFP may be used interchangeably where the context so requires.

2. SCHEDULE OF EVENTS

RFP Number: RFP26-043

RFP Title:

Developer/Operator to Design, Fund, Maintain and Operate a Restaurant “Old Town Arts and

Entertainment District” 11 N.E. 1st Street

Release Date: June 29, 2026

Date Published In Sun-Sentinel July 1, 2026

Non-Mandatory Pre-Proposal Meeting: July 16, 2026, at 10:00 AM

Written Questions And Inquiries Are Due On Or

Before:

July 23, 2026, at 5:00 PM

RFP Responses Due Date/Time: August 6, 2026 2:00PM

Evaluation Committee Meetings August 27, 2026, 2:00PM

Recommendation For Award: TBD

Direct All Inquiries To: https://pompanobeachfl.ionwave.net

E-Proposal Submittals Only: https://pompanobeachfl.ionwave.net

Proposal Virtual Opening: https://www.pompanobeachfl.gov/meetings

3. INTRODUCTION AND GENERAL INFORMATION

3.1 Introduction

The CRA is vested by the State of Florida pursuant to its powers under Florida Statutes, Chapter 163, Part III, and the Community Redevelopment Act of 1969, as amended with the authority to request proposals for the redevelopment of an area within its district in order to effectuate redevelopment pursuant to the goals and objectives of the CRA Plan.

The CRA is a dependent special district in the City and exists as a distinct legal entity governed by a board of directors (the CRA Board) for the purpose of eliminating slum and blighted conditions within prescribed geographic boundaries. The City Commission sits as the CRA Board. The Northwest CRA (NWCRA) district consists of approximately 3,084 acres, which represents twenty-two percent (22%) of the land area of the City.

Empowered by the Community Redevelopment Act to undertake a broad range of activities designed to eliminate slum and blighted conditions, the CRA has the power to buy, sell, assemble, hold, or dispose of property, and has the authority to issue redevelopment bonds and receive incremental ad valorem tax revenues from designated taxing authorities in order to fund its activities. Section 163.380 Florida Statutes provides for the disposal of property within a Community Redevelopment Area.

The CRA’s vision is to create a vibrant and pedestrian friendly, mixed-use Downtown. The redevelopment is inspired by the global rise of the “Innovation District” concept that emphasizes a combination of business, technical, corporate, government, hospitality, education and cultural uses. Successful innovation districts embody the notion of “live, work, play” environments by integrating a variety of daytime (office, commercial, retail, technical, etc.) and nighttime (restaurants, breweries, cultural arts, hospitality etc.) economic uses with a dense residential component. New developments in the Downtown will consist of active uses on the ground floor and residential uses on the upper floors. Ground floor should include retail and pedestrian-oriented uses that activate the street. Creating economic opportunities for residents is a goal of the CRA and proposed uses in the downtown should therefore promote job growth, preferably with high wage job opportunities. The City of Pompano Beach and the Pompano Beach CRA by Resolutions 2024-155 and 2024-34 entered into an agreement with RocaPoint Partners (RP Pompano LLC) for the Downtown Master Redevelopment Project as depicted in the conceptual master plan below.

11 NE 1st Street

SCOPE OF SERVICES

The intent of the CRA is to solicit a restaurant developer to design, construct and operate a unique, diverse style restaurant or craft brewery of the same size of the structure that will offer outdoor and roof top seating, elevator, aesthetic features, stairwells and enclosed dumpster room similar to the renderings depicted in Exhibit 3. It is anticipated that the business will be open a minimum of six (6) days a week. The CRA will entertain a lease with an option to purchase at the end of the term. Proposer should include a “Term Sheet” outlining the deal terms for this project. The CRA will contribute $550,000 to the renovation of the existing building or construction of a new building on the property.

Tasks/Deliverables

Factors that the CRA will use in evaluating the proposals include, but are not limited to, the Proposer’s experience and financing capabilities, quality of proposed interior/exterior improvements, architectural concept, floor plan which incorporates an indoor dumpster enclosure that will be shared with some of the future occupants of The Backyard Plaza area, quality of construction materials and the specific proposed use. Other important factors that will be considered is the minimum capital investment must be sufficient to complete all improvements and address required code upgrades, ADA requirements, furnishings, fixtures, equipment, etc. The design for the proposed concept must incorporate a roof top activation and ground floor outdoor seating element. An operations plan should be provided that addresses hours of operation, deliveries and trash handling.

Improvements must be in the best interest of the public as well as ensure a financially feasible project. The Awarded Proposer will be required to enter into a Development Agreement and Lease with the CRA.

Chain restaurants with like-kind concepts and multiple locations may submit proposals in response to this solicitation; however, the CRA will be seeking unique restaurant operations/operators that complement the Old Town area.

The CRA will not consider proposals submitted for the development of the site for uses such as: Community Service, Office, Educational, Daycare, Health Care, Governmental, Institutional, Retail/Personal Services, Motor Vehicle Sales/Service, Bar or Lounge, Nightclub, Hookah Bar, Grocery Store, Hall for Hire, Art or Dance Studio, Regional Liquor or Package Store, Beer or Wine Store, as defined in Article 3 Chapter 155 of the City of Pompano Beach Zoning Code or any other uses not permitted or compatible under the current Downtown Pompano Beach Overlay District.

PROJECT AREA DESCRIPTION

Just east of Dixie Highway and north of Atlantic Boulevard is Pompano Beach’s Downtown entertainment district known as Old Town, best described as a historic retail, arts, cultural and entertainment district. The area is undergoing a transformation through numerous City and CRA projects, programs and activities to become the epicenter of dining and entertainment in Pompano Beach. In 2016, the City and the CRA completed a streetscape project which included wider sidewalks, pedestrian friendly lighting and a public plaza featuring a unique fire/water fountain. As part of the redevelopment, the CRA purchased and renovated the old Bailey Hotel and converted it into the Bailey Contemporary Arts Building (BaCA) the first cultural facility in Pompano Beach.

Painted murals throughout Old Town lends to this arts district and cool vibe much like Wynwood in Miami.

The redevelopment of this up and coming area has attracted the first new mixed-use development, Old Town Square, with 282 residential units and 5,000 square feet of ground floor retail/commercial space; South Bar & Kitchen, a 4,000 square foot restaurant with outdoor seating in “Old Town’s Backyard”, a 15,000 square foot open air plaza suitable for outdoor dining and entertainment venues, The Vault Bar & Restaurant and the Soulful Steep, an eclectic coffee and tea shop. Just south of Old Town and directly across Atlantic Boulevard is the Pompano Beach Library and Cultural Center and the current City Hall.

THE SITE

The subject property is located at 11 NE 1st Street, Pompano Beach, FL 33060 (Map 1) and was formerly a coin operated laundromat. Referred to as “The Wash House”, the building was originally built in 1961. The CRA entered into a five (5) year lease of the structure in 2014 and gutted the building. The building consists of exterior walls, roof, and dirt floor (Exhibit 1). Grease traps and utilities such as water, sewer and gas are available from the alleyway as shown in the “Alleyway Water and Sewer Plan Additional Grease Trap Systems Record Drawing” included as (Exhibit 2) of this solicitation. In 2018, the CRA exercised the purchase option within the lease for $1.2 million and currently owns the 6,098 square foot structure. Envisioned as the “Anchor Site” for Old Town, the CRA will accept proposals for a quality, unique, diverse style restaurant or a craft brewery/wine bar with a food component of light bites or full kitchen. Roof top seating incorporating an active use will be required. Live entertainment is encouraged.

Currently vacant, the structure will require major renovation or ground up construction of a similar size of the structure currently on site. The CRA envisions the buildout of the space to be similar as depicted in (Exhibit 3) of this solicitation and must include rooftop seating and incorporate an enclosed dumpster area. The CRA is seeking a qualified restaurant developer that will do the renovations or new construction that are similar to the concept and vision for this site.

PARKING

Old Town has a mix of on-street parking as well as three (3) designated public parking lots with the area as shown in (Exhibit 4) and within walking distance of the building.

The Parcel Folio number, address and location is depicted as Map 1 on the next page.

Map 1

11 NE 1st Street, Pompano Beach, Florida 33060

Folio Land Structure

4842 35 08 0200 8,658 6,098

Non-Mandatory Pre-Proposal Meeting

The Non-Mandatory Pre-Proposal Meeting will be held via Zoom on July 16, 2026, at 10:00 AM.

Proposal Submittal Due Date The City will receive sealed proposals by August 6, 2026 2:00PM. Proposals must be submitted electronically through the eBid System on or before the due date/time stated above. Any proposal received after the due date will not be considered.

Questions and Communication http://www.pompanobeachfl.ionwave.net is the official method used by the Procurement and Contracts Department, which has approved the distribution and communication of all competitive solicitations. All questions regarding this RFP must be submitted using the Questions feature in the eBid System on or before July 23, 2026, at 5:00 PM via http://www.pompanobeachfl.ionwave.net/. Questions received after this date and time will not be answered. Questions submitted by Proposers will be answered through the IonWave Questions feature or via Addenda, if necessary. Any verbal or written information obtained from sources other than the information included in this RFP document or by an Addendum shall not be binding on the City.

4.0 SUBMITTAL INSTRUCTIONS AND REQUIREMENTS

Submission Format Requirements

Proposals must be submitted electronically through the eBid System (https://pompanobeachfl.ionwave.net) on or before the date and time stated in Section 2-Schedule of Events. Please follow all the steps and requirements to submit proposals at http://www.pompanobeachfl.ionwave.net/. Submissions must include all documents, requirements, and attachments advertised on the website, as listed in the Attributes tab and the Response Attachments tab of the eBid System.

The City will not be responsible for delays caused by technical or other issues. It is the sole responsibility of the Proposer to ensure that their Proposal is successfully submitted to the eBid System before the established deadline for Proposal submission.

The City reserves the right to reject and not consider any proposals that are not submitted according to the requirements established herein.

4.1.1 Information to be included in the proposal:

In order to maintain comparability and expedite the review process, it is required that proposals be organized in the manner specified below, with the sections clearly labeled:

4.1.2 Title Page:

Include the RFP Name and number, the name of the Proposer’s firm, address, telephone number, name of contact person and the date.

4.1.3 Table of Contents:

Include a clear identification of the material by section and by page.

4.1.4 Letter of Transmittal:

Briefly explain the Proposers understanding of the requested development and how this proposal meets or exceeds those expectations. Express detail about the firm’s methodology to build this project and provide any insight into how the firm could be differentiated from other development firms. Describe how the firm has in the past, or will for this project, address the challenges and obstacles that occur during the development process.

State the name(s) of the person(s) who will be authorized to make representations for the Proposer, their title(s), office and E-mail addresses and telephone numbers. The letter shall be signed by the Proposer. Please limit this section to two (2) pages.

The following information is required to be submitted by the Proposer with their response to this Request for Proposal (“RFP”). At the discretion of the Director of Procurement and Contracts and CRA, the CRA reserves the right, after the opening of the RFP, but prior to the start of evaluations of proposals, to request a missing or corrupted item(s) of a Proposer. Proposer must provide said item no later than three (3) business days after such request is made by the CRA. Failure to provide these items may result in the Proposer being deemed non-responsive at the sole discretion of the CRA, and their proposal disqualified. Proposers must provide the following with their proposals:

4.1.5 Firm Information and Development Qualifications

1. Description of the Proposer including firm name, address, telephone and email, principal contact, the legal organizational structure and copies of the appropriate licenses. Identify if owned by a parent company and identify if the Proposer is a joint venture. If the Proposer intends to create a separate entity solely for the purpose of developing the project, then include a detailed description of the entity and identify each partner, stockholder or member, and their respective interests in the separate entity.

2. Description of key personnel: State the qualifications of the key management with existing food and beverage organization including the principal(s) in charge; project manager designated; and all other key personnel or sub consultants who will be participating in the project. Provide an organizational chart identifying all key personnel who will be participating in the project.

3. Description of financial capabilities sufficient to demonstrate to the CRA that the respondent has the ability and capital investment to successfully complete the project. A financial statement of all principals is required. Tax returns may be required at the time of negotiating a lease and development agreement.

4. Experience with Similar Projects: Provide specific information that demonstrates the experience of

Proposer relevant to this proposal. Provide a list and overview of restaurants that the Developer/Operator and/or tenant have owned and/or operated, along with the time the restaurant was operational. Include information on the restaurant(s) theme, food type, ambiance, hours of operation, location, photographs, days of operation, menu and pricing. Describe the development team that have completed similar projects with the last five (5) years and include the date, location and project budget. Provide photographs, renderings site plans or other graphic materials to communicate the experience.

Information on the development team should include architect, contractor, and restaurant management of the team members who have been selected. If these team members have not been selected, the respondent must describe their method of selection and general approach to the development of the site and restaurant operations.

5. References: Provide references for a minimum of three (3) similar type development projects. With each development project, submit a client reference list, including name of contact, firm and/or governmental entity, address, telephone number and type of service provided to each reference.

6. Information regarding any legal or administrative actions, bankruptcies, etc. for the developer as well as the principals and partners of the developer. Provide a statement relative to whether any of the principals have ever been indicted or convicted of a felony. List any litigation matter in the past five (5) years involving any projects or key personnel.

4.1.6 Market/Financial Feasibility and Financial Qualifications/Capability

1. The Proposer must submit a detailed development “pro-forma” identifying total project cost, schedule of expenditures, sources and uses of capital, gross potential income, effective gross income, net operating income, One-year operating statement indicating the year of stabilization and Five-Year operating statement expressing how the real estate will grow after the stabilized year, utilizing the same information as stated above.

2. Proposer must submit a financing plan describing the source of both debt and equity.

3. The CRA may require at a later date once the Proposer is short listed or selected three (3) years of financial statements.

4. The Proposer must present some form of financial commitment from a state or federally chartered lending institution stating that the institution will provide financing and a letter of commitment upon a complete review and underwriting procedure of the project. The institution should indicate if they have provided debt on previous projects of the proposer.

5. Additional Considerations: Identify any additional or unique resources, capabilities or assets which the

Proposer would bring to this project.

4.1.7 Project Design/Development Concept

1. A general overview of the proposed development project, including but not limited to: Proposer’s analysis of the project, including proposed rent, renderings of the proposed project; a description of the proposed project including unique features and opportunities; and impact of and compatibility with adjacent properties. An Operations Plan that addresses hours of operation, trash handling and deliveries.

2. The Proposer must submit an illustrative site plan and one or two elevations of the proposed Project at an appropriate or measurable scale. The site plan should include, at a minimum, the location of the building and the public streets surrounding the site. Parking, sidewalks, and major landscaping features should be illustrated. In addition, the Proposer should reduce the site plan to a format measuring 8 ½” by 11” or 11” by 17” for ease of review. Proposers do not need to submit display boards (24” by 36”) with proposal submittals; display boards may be required at presentations, if necessary.

3. The Proposer must submit sample floor plan of the building including roof top and indoor dumpster enclosure. The Proposer may choose an architectural scale appropriate to communicate the concept of the proposed project. In addition, the Proposer should reduce the elevations and floor plans to a format measuring 8 ½” by 11” or 11” by 17” for ease of review. Proposers do not need to submit display boards (24” by 36”) with proposal submittals; display boards may be required at presentations, if necessary.

4. The Proposer must submit a proposed development schedule showing all appropriate milestones, including the lease or closing option, and development agreement negotiations, site plan approval, closing, design, construction and date of occupancy.

5. Other Approvals. Indicate if the developer/operator is seeking other approvals from either city or outside agencies in order to satisfy development approval (i.e. waiver requests, special exception, conditional use, etc.).

4.1.8 Fiscal Impact/Term Sheet

1. The Proposer must submit a total project cost analysis stating, by category, the major elements of the project. The major cost items shall include, at a minimum, lease payments, building improvement costs, tenant improvement costs, parking costs, landscaping costs, architectural and engineering costs, marketing costs, financing costs, permit costs, insurance and taxes costs, and any other significant costs.

2. Estimate the fiscal impact of the project.

3. Provide information on the number and types of jobs generation expected upon project completion.

The Term Sheet must be submitted which outlines the structure of the deal. For a lease specify annual rent, lease term and any proposed tenant improvement period where rent is not due. For a purchase specify proposed purchase price and any contingencies or conditions precedent.

Proposer’s Responsibilities Before submitting a response, the Proposer shall be solely responsible for conducting any necessary investigations, evaluations, and examinations to ascertain all conditions and requirements affecting the full performance of the Contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the Contract and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.

Costs Incurred by the Proposer in Preparation of the Proposal Proposers are responsible for any and all costs associated with responding to this RFP. The City and the CRA will not reimburse any Proposer for preparation, submittal, travel, or per diem costs. All expenses involved with the preparation and submission of Proposals, or any work performed in connection with this solicitation, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer and shall not be reimbursed by the City or CRA.

Composition Of Project Team The principals and personnel named in the proposal must perform the services throughout the contractual term, unless otherwise provided for by a negotiated contract or a written amendment to the same, executed by both parties. No diversion or substitution of principals or personnel will be allowed unless a written request that sets forth the qualifications and experience of the proposed replacement(s) is submitted to and approved by the CRA in writing.

Environmental Regulations The City and the CRA reserves the right to consider the Proposer's history of citations or violations of Environmental Regulations and investigate the Proposer's responsibility. Furthermore, it reserves the right to declare the Proposer not responsible if the history of violations warrants such a determination in the City's opinion. The Proposer shall submit a complete history of all citations, violations, notices, and dispositions within the Proposal. The non-submission of any such documentation shall be deemed an affirmation by the Proposer that there are no citations or violations. The Proposer shall notify the City immediately of notice of any citation or violation, which the Proposer may receive after the RFP opening date and during the time of performance of any contract/agreement awarded to it.

5. SELECTION AND EVALUATION CRITERIA

Selection/Evaluation Process A Selection/Evaluation Committee (the “Committee”) will be appointed to select the most qualified company(ies)/firm(s). The Committee will present its findings to the CRA Board.

Proposals will be evaluated using the following criteria:

Criteria Point Range

1. Development Team Experience and Expertise

• Clearly demonstrate the Team experience and background for developing similar projects. Provide specific detail on similar projects completed by the Prime firm within the last five years. Describe related project experience and qualifications of personnel assigned. Demonstrate a clear understanding of scope of work and other technical or legal issues related to the project.

0-25

2. Financial Capabilities Provide adequate information which verifies that the team has secured funding for previous projects and has the financial capacity to fund the project and secure bonding to develop and construct the project.

0-25

3. Design/Development Concept Creatively address the overall design concept including the exterior design and neighborhood compatibility, roof top seating area, interior floor plan incorporating an area for a dumpster enclosure, architectural features and the use of quality materials in construction.

0-30

4. Fiscal Impact/Term Sheet

• Proposed business terms for lease base rent or option to purchase and additional investment in the project creating a higher and better value for the City and CRA. Project increase to tax base upon completion, jobs generated, etc.

0-20

Total: 0-100

Other Required Documentation The following documents are required to determine whether the Proposal meets the minimum requirements.

However, these documents will not be considered when scoring the proposal.

Reviewed and Audited Financial Statements:

Must be marked “CONFIDENTIAL” and uploaded separately from the proposal.

Proposers shall be financially solvent and appropriately capitalized to be able to service the City for the duration of the contract. Proposers shall provide a complete financial statement of the firm’s most recent audited financial statements, indicating the organization’s financial condition, and upload as a separate file titled “Financial Statements” to the Response Attachments tab in the eBid System.

Financial statements provided shall not be older than twelve (12) months prior to the date of filing this solicitation response. The financial statements are to be reviewed and submitted with any accompanying notes and supplemental information. The City of Pompano Beach reserves the right to reject financial statements in which the financial condition shown is of a date twelve (12) months or more prior to the date of submittals.

The City and the CRA are public agencies subject to Chapter 119, Florida’s Public Records Law, and is required to provide the public with access to public records; however, financial statements that are required as submittals to prequalify for a solicitation will be exempt from public disclosure.

The City reserves the right to request additional information to ensure the Proposer is financially solvent and has sufficient financial resources to perform the contract. The Proposer shall provide proof of its financial solvency. The City may, at its sole discretion, ask for additional proof of financial solvency, including additional documents post proposal opening, and prior to evaluation that demonstrates the Proposer’s ability to perform the resulting contract and provide the required materials and/or services.

A combination of two (2) or more of the following may substitute for audited financial statements:

1) Bank letters/statements for the past 3 months

2) Compiled Balance sheet and profit and loss statement

3) IRS tax returns for the last 2 years

4) Letter from CPA showing profits and loss statements (certified)

NOTE:

Financial statements or other financial information that are required as submittals to prequalify for a solicitation will be exempt from public disclosure; however, financial statements or other financial information submitted to prequalify for a solicitation, and were not required by the CRA, may be subject to public disclosure.

City Forms:

Responses should include all pages of this solicitation and initialed where indicated. These forms are included in this RFP and available as attachments to the eBid System. These forms must be completed electronically in the Attributes tab or uploaded to the Response Attachments tab of the eBid System.

Insurance

See Attachment B with the Insurance Requirements.

6. EVALUATION AND AWARD

Minimum Eligibility Requirements All proposals received must meet the minimum eligibility requirements as required in Section 4 and be confirmed at the time of submission to be considered for further evaluation. Failure to meet the Minimum Eligibility Requirements shall disqualify the entire proposal and prevent it from being considered for further evaluation.

The City and CRA reserves the right to seek any information or documentation from the Proposer or other source(s) as the City and CRA determines is necessary. Failure to submit any additional information in accordance with the City’s and CRA’s request shall result in a Proposal being deemed non-responsive.

Evaluation Committee The City Manager will approve a selection evaluation committee to assist in evaluating the Proposal(s) received and to select the most qualified company or firm. All Proposals will be evaluated by the Evaluation Committee and Procurement and Contracts staff based on the information submitted by the Submitting Firm(s) in response to this RFP. The Committee’s findings will be presented to the CRA Board. Based upon the evaluation, the Evaluation Committee will recommend one Submitting Firm to the CRA Board of Commissioners for the award and execution of a Development Agreement.

Evaluation Process The Procurement and Contracts Department staff will initiate the review of the Proposals to determine the responsible and qualified Proposals that meet the Minimum Eligibility Requirements. All responsible and qualified Proposals will be provided to the Evaluation Committee. The Evaluation Committee will score the proposals based on the following:

SECTION NUMBER AND DESCRIPTION POINTS

5.1.1 Development Teams Experience and Expertise 25

5.1.2 Financial Capabilities 25

5.1.3 Project Design/Development Concept 30

5.1.4 Fiscal Impact/Term Sheet 20

TOTAL 100

The Committee reserves the right to shortlist the proposals received or to request oral presentations from the proposers. If the Committee requests presentations, they will be scheduled in the future. The Proposers will each provide up to a 20-minute presentation to the Evaluation Committee members, followed by a question-and-answer period.

The Evaluation Committee shall rank the Proposers based on the criteria stated within this solicitation, the information provided in the proposal, and the presentation. After all members of the Evaluation Committee have provided their scores for all Proposals, the scores will be calculated and combined, and the sum of the qualitative scores will be converted into rankings. The highest-ranked Proposer(s) will enter into negotiations for the final terms of the contract. If contract negotiations cannot be completed with the highest-ranked Proposer, negotiations may proceed to the next highest-ranked Proposer in accordance with City procurement procedures and applicable law.

Tie Breaker:

In the event of a tie in the final rankings, the Respondent with the greater demonstrated experience in the successful development and continuous operations of a restaurant or food-service establishments over the past five (5) years shall receive the higher ranking.

Such determination shall be based on:

• The number of years of continuous operations of referenced establishments;

• The number of comparable projects completed and currently in operation; and

• The Respondent’s role and level of responsibility (e.g., developer, owner/operator) in delivering and managing those projects.

Technicalities:

Failure to respond, provide detailed information, or provide requested proposal elements may reduce points in the evaluation process. The Committee may recommend rejecting any proposal containing material deviations from the RFP. The Committee may recommend waiving any irregularities and technicalities. If only one (1) responsive proposal is received, the Committee will proceed without scoring the one (1) responsive proposal and may recommend that Procurement and Contracts Department staff negotiate the best terms and conditions with that sole Proposer, or may recommend rejecting the proposal.

Committee Questions:

The Committee reserves the right to ask clarifying questions once proposals have been opened, to require presentations from all Proposers, to interview any or all proposers who respond to the RFP, or to make its recommendations based solely on the information contained in the submitted proposals. The Committee has the option to use the above criteria for the initial ranking to short-list Proposers and to use an ordinal ranking system to score short-listed Proposers following presentations (if deemed necessary), with a score of “1” assigned to the short-listed Proposer deemed most qualified by the Committee.

Each company/firm should submit documentation that evidences the company’s/firm’s capability to provide the services required for the Committee’s review for shortlisting purposes. After an initial review of the proposals, the City may invite selected proposals for an interview to discuss the proposal and meet with the company’s or firm’s representatives, particularly key personnel assigned to the project. Should interviews be deemed necessary, it is understood that the City shall incur no costs as a result of this interview nor bear any obligation in further consideration of the submittal.

Committee’s Recommendations:

The Evaluation Committee may recommend rejecting any proposals or awarding the Developer/Operator to Design, Fund, Maintain and Operate a Restaurant “Old Town Arts and Entertainment District” 11 N.E. 1st Street A complete recording shall be made of each meeting (evaluation and negotiation session) conducted by the Committee by the Purchasing Agent. The Committee may choose to conduct negotiation sessions with as many ranked responsive and responsible proposers, in its sole judgment, as it deems appropriate before making its recommendation for award, starting with the highest-ranked proposer first, then the second-highest-ranked proposer, and so on. The Committee also has the discretion to recommend negotiations with only a single responsive and responsible proposer if the Committee chooses to do so. During any such negotiations, the City staff assigned to negotiate reserves the right to negotiate any term, condition, specification, or price during an exempt negotiation session with the highest-ranked responsive and responsible Proposer.

Per Section 286.0113(2), Florida Statutes, any negotiation session will be conducted to exclude the other ranked responsive and responsible Proposers and the public. The Committee will recess the open public portion of the evaluation meeting and conduct the exempt negotiation session of the competitive selection process, beginning with the highest-ranked responsive and responsible Proposer first, then the second highest-ranked Proposer, and so on until finished. The Committee also has the discretion to commence negotiations with only a single responsive and responsible proposer if it chooses to do so. Each ranked responsive and responsible Proposer must be represented during its exempt negotiations session by an authorized representative possessing the authority to bind the Proposer to the changes made during the negotiation session and be prepared to provide the Proposer’s best and final offer. Any information communicated between the Committee and a ranked responsive and responsible Proposer during an exempt negotiation session shall not be disclosed to anyone during the open portion of the meeting, including other ranked responsive and responsible proposers, until disclosure is permitted under Section 286.0113(2), Florida Statutes.

After the exempt negotiation session(s) is/are completed, the Committee shall reconvene the open public portion of the evaluation meeting and determine, by motion and a roll call vote, whether to recommend an award to one

(1) or more ranked responsive and responsible Proposers; to declare an impasse with a ranked responsive and responsible Proposer; or to proceed with further negotiations with one (1) or more of the next highest-ranked responsive and responsible Proposers. The Committee may declare an impasse with a ranked responsive and responsible Proposer at any time or proceed with further negotiations with one (1) or more of the next highest-ranked Proposer(s). If negotiations are unsuccessful or have reached an impasse with a ranked Proposer, the Committee reserves the right not to recommend an award to a ranked Proposer if it is in the best interest of the City and must be stated on the record. The final scores are only a ranking of proposals for negotiation (i.e., the highest-ranked proposer will be the first to start the negotiations) and do not determine the actual award.

Negotiations:

Following the Evaluation Committee Meeting, the CRA reserves the right to enter into negotiations with the successful Proposer. Notwithstanding the preceding, the CRA is in no way obligated to enter into an Agreement with any successful Proposer and may cease negotiations at any time. The Proposer also understands and acknowledges that no property, Contract, or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to, approved by the CRA, and executed by the parties. During the negotiation process, the CRA reserves the right to request the best and final offer from the Proposer with whom the CRA is negotiating.

Determination of Award:

The CRA Board of Commissioners shall consider the Committee’s award recommendation for this RFP and may approve such a recommendation. The CRA Board of Commissioners may also, at its option, reject the Evaluation Committee’s recommendation, or it may also reject all Proposals, in which case the CRA may choose to re-advertise this project “as is” or by adopting a modified version.

7. STANDARD PROVISIONS

7.1 RFP Conditions and Provisions

The proposal must be submitted to the City on or before the time and date stated herein. All Proposers, by submission of a proposal, shall agree to comply with all of the conditions, requirements, and instructions of this RFP as stated or implied herein. All proposals and supporting materials submitted will become the property of the City. Exceptions or deviations to this solicitation may not be added after the submittal date. All Proposers are required to provide all information requested in this RFP. Failure to do so may result in the proposal's disqualification.

The City and the CRA reserves the right to postpone or cancel this RFP or reject all proposals if, in its sole discretion, it deems it is in the City's and CRA’s best interest to do so. The City and the CRA reserves the right to waive any technical or formal errors or omissions, reject all proposals, or award a contract for the items herein, in part or whole, if it is determined to be in the City's and CRA’s best interests.

The City and the CRA shall not be liable for any costs incurred by the Proposer in preparing proposals or for any work performed therein.

7.2 Acceptance Period

Proposals submitted in response to this RFP must be valid for a period of no less than one hundred eighty (180) days from the closing date of this solicitation.

7.3 Withdrawal Of Proposals

A firm may withdraw its proposal without prejudice, no later than the advertised deadline for submission of proposals by using the eBid System or through written communication to the Procurement and Contracts Department, 1101 N.E. 5th Avenue, Pompano Beach, Florida 33060.

7.4 Protest Procedures

The Protest Procedures established within the Procurement and Contracts Procedures Manual and Section 120.57, Florida Statutes, must be followed to file a valid Protest to this solicitation. To be considered, protests concerning the proposed solicitation award must be filed in writing with the Procurement and Contracts Director.

They may only be filed by bidders or proposers whom may be aggrieved by the solicitation or award. The initial protest must be addressed to the following:

Director of Procurement & Contracts, City of Pompano Beach 1101 N.E. 5th Avenue, Pompano Beach, Florida 33060

7.5 Familiarity With Laws

It is assumed the selected firm(s) will be familiar with all federal, state, and local laws, ordinances, rules, standards, and regulations that may affect its services pursuant to this RFP. Ignorance on the part of the firm will in no way relieve the firm from responsibility for compliance.

7.6 Staff Assignment

The City of Pompano Beach and the CRA reserves the right to approve or reject, for any reason, the Proposer’s staff assigned to this project at any time. Background checks may be required at the discretion of the City and the CRA.

7.7 Contract Terms

The contract shall include, at a minimum, this RFP document and the successful Proposer’s proposal. The CRA Attorney shall prepare the contract. If the City of Pompano Beach and the CRA defends any claim, demand, cause of action, or lawsuit arising out of any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor, its employees, agents, or servants during the performance of the contract, whether directly or indirectly, the contractor agrees to reimburse the City of Pompano Beach and the CRA for all expenses, attorney’s fees, and court costs incurred in defending such claim, cause of action or lawsuit.

7.8 Waiver

It is agreed that no waiver or modification of the contract resulting from this RFP, or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.

7.9 Manner of Performance

The proposer agrees to perform its duties and obligations under the contract resulting from this RFP in a professional manner and in accordance with all applicable local, federal, and state laws, rules, and regulations.

Proposer agrees that the services provided under the contract resulting from this RFP shall be provided by employees who are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations.

Proposer further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract.

Failure of the Proposer to comply with this paragraph shall constitute a material breach of contract.

7.10 Quality

All materials and supplies used to construct the services within this RFP shall be new unless otherwise specified.

The items must be new, of the latest model, of the highest quality, and with the highest-grade workmanship.

Reconditioned, refurbished, rebuilt, discontinued, used, shopworn, demonstrator, prototype, or other types of product(s) of this kind are unacceptable without written correspondence from the City or CRA with the City Manager/ Executive Director’s approval.

7.11 Omissions

Omissions in the specifications of the RFP, Attachments, Exhibits, or any Addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be interpreted as meaning that only the best available units or service shall be provided. The best commercial practices are to prevail, and only materials and workmanship of the highest quality are to be used in submitting this proposal.

7.12 Hold Harmless and Indemnification

Proposer…