Y22-183_RFP.pdf

ORANGE COUNTY, FLORIDA

PROCUREMENT DIVISION

Issue Date: March 28, 2023

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed proposals for:

REQUEST FOR PROPOSALS ##Y22-183, REAL ESTATE REPRESENTATIVE

SERVICES

TERM CONTRACT

Copies of the Request for Proposals (RFP) documents may be obtained from Orange County by download at: https://secure.procurenow.com/portal/orangecountyfl

PROPOSAL SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday, April 27, 2023, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at: https://secure.procurenow.com/portal/orangecountyfl.

Firms shall not be permitted to hand-deliver, mail, telephone, fax or email offers. Responses received after the submission deadline and/or transmitted outside of the designated OpenGov Procurement portal shall be rejected.

PRE-PROPOSALS CONFERENCE:

A Non-Mandatory Pre-proposal Conference will be held on Friday, April 7, 2023, at 11:00 AM, via WEBEX:

Join from the meeting link https://ocfl.webex.com/ocfl/j.php?MTID=m864d5d860666538d19103dba4320eab7

Join by meeting number Meeting number (access code): 2450 605 3223

Meeting password: Go2Meeting

Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

ATTENDANCE IS NOT MANDATORY BUT IS ENCOURAGED.

NOTICE TO PROPOSERS:

To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is Rebeca Malave, Contracting Agent at Rebeca.Malave@ocfl.net.

https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/orangecountyfl mailto:__________@ocfl.net

QUESTIONS:

All questions or concerns regarding this Request for Proposals shall be submitted by email to Rebeca.Malave@ocfl.net, no later than 5:00 PM Tuesday, April 11, 2023 to the attention of Rebeca Malave, Procurement Division, referencing the RFP number.

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TABLE OF CONTENTS

DESCRIPTION PAGE

SECTION 1: GENERAL TERMS AND CONDITIONS 1-13

- INSTRUCTION TO PROPOSERS 1

- QUESTIONS REGARDING THIS RFP 1

- CONTRACT TERM 2

- INSURANCE REQUIREMENTS 2

- WITHDRAWAL OF PROPOSAL 5

- REFERENCE CHECKS 9

- CONFIDENTIAL INFORMATION 9

- MISTAKES 11

SECTION 2: SPECIFICATIONS/SCOPE OF SERVICES 1-3

SECTION 3: PROPOSAL SUBMISSION REQUIREMENTS 1-11

AND DOCUMENTATION

- STATEMENT OF NO PROPOSAL 1

- PREREQUISITE REQUIREMENTS 1

- PROPOSAL FORMAT 1

SECTION 4: SELECTION CRITERIA 1

SECTION 5: ATTACHMENTS

- FEE SCHEDULE

- PROPOSAL COVER PAGE

- ACKNOWLEDGEMENT OF ADDENDA

- AUTHORIZED SIGNATORIES/NEGOTIATORS

- DRUG-FREE WORKPLACE FORM

- CONFLICT/NON-CONFLICT OF INTEREST FORM

- E-VERIFICATION CERTIFICATION

- RELATIONSHIP DISCLOSURE FORM

- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)

- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT

- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)

- LOCATION FORM

- AGENT AUTHORIZATION FORM

- LEASED EMPLOYEE AFFIDAVIT

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- INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY

- EQUAL OPPORTUNITY WORKFORCE SCHEDULE

- SCHEDULE OF SUB-CONTRACTING - M/WBE PARTICIPATION FORM

- SCHEDULE OF SUB-CONTRACTING - SDV PARTICIPATION FORM

- DISLOCATED WORKER PROPOSED HIRING INFORMATION

- LETTER OF INTENT (VERIFICATION OF M/WBE UTILIZATION)

- LETTER OF INTENT (VERIFICATION OF SDV UTILIZATION)

- DRAFT CONTRACT

SECTION 1

GENERAL TERMS AND CONDITIONS

Section 1, General Terms and Conditions | Page 1

GENERAL TERMS AND CONDITIONS

1. INSTRUCTIONS TO PROPOSERS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl. Responses will be opened per the public meeting notice.

Offers by mail, hand-delivery, e-mail, telephone, or fax shall not be accepted.

Proposals submitted outside of the designated electronic submission portal shall be rejected as non-responsive regardless of where received.

The County shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any offer. The submission deadline shall be scrupulously observed. It is the sole responsibility of the proposer to ensure that their proposal reaches the Procurement Division. The decision to refuse to consider a proposal that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance).

All proposals will be opened publicly in accordance with the public notice, and the names of all timely proposers shall be read aloud.

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b Meeting number: 286 177 361 Password: Go2Meeting Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361 Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361 The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801

2. QUESTIONS REGARDING THIS RFP

All questions or concerns regarding this Request for Proposals must be submitted in writing, by email as indicated on the coverpage of this RFP, referencing the RFP number.

When required the Procurement Division will issue an addendum to the Request for Proposals. The addendum will be available on the Internet for access by potential proposers. Proposers are instructed not to contact the initiating division directly.

Proposers shall not direct any queries or statements concerning their proposal to the Orange County Procurement Committee or County staff during the selection process, from the time of submission of a proposal until the execution of a contract.

Any proposer who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement. However, you may https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Section 1, General Terms and Conditions | Page 2 contact the Contracting Agent at any time during this process, including during the Black Out Period.

No oral interpretation of this Request for Proposals shall be considered binding. The County shall be bound by information and statements only when such statements are written and executed under the authority of the Procurement Division Manager.

This provision exists solely for the convenience and administrative efficiency of Orange County. No proposer or other third party gains any rights by virtue of this provision or the application thereof, nor shall any proposer or third party have any standing to sue or cause of action arising there from.

3. CONTRACT TERM

It is the intent of the County to enter into a three (3) year term contract, with renewal clause for two (2) additional one (1) year terms for services as described herein.

4. DRAFT CONTRACT

The contract that the County intends to use for award is enclosed for reference. Any exceptions to this standard contract must be clearly indicated by return of the standard contract with the proposal, with exceptions clearly noted. The County has the right to require the selected respondent to sign the attached contract or to negotiate revisions to the contract language prior to execution of the contract, at its sole discretion.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

5. INSURANCE

Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Vendor/Contractor is not intended to and shall not in any manner limit or qualify the liabilities assumed by Vendor/Contractor under this contract. Vendor/Contractor is required to maintain any coverage required by federal and state workers’ compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time.

The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub- Contractors providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VIII or better.

(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best Ratings are available at www.ambest.com) http://www.floir.com/companysearch/ http://www.ambest.com/

Section 1, General Terms and Conditions | Page 3

Required Coverage:

Commercial General Liability - The Vendor/Contractor shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 (one million dollars) per occurrence. Vendor/Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit.

Required Endorsements:

Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.

Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations

Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.

Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number.

Business Automobile Liability - The Vendor/Contractor shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the Vendor/Contractor does not own automobiles the Vendor/Contractor shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

Workers' Compensation - The Vendor/Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by-case basis. Any Vendor/Contractor using an employee leasing company shall complete the Leased Employee Affidavit.

Required Endorsements:

Waiver of Subrogation- WC 00 03 13 or its equivalent

Additional Required Coverage:

Professional Liability- with a limit of not less than $1,000,000 per occurrence/claim

When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Vendor/Contractor most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis the Vendor/Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP)

Section 1, General Terms and Conditions | Page 4 during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Vendor/Contractor of the obligation to provide replacement coverage.

By entering into this contract Vendor/Contractor agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers’ compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Vendor/Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement.

Prior to execution and commencement of any operations/services provided under this contract the Vendor/Contractor shall provide the COUNTY with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Vendor/Contractor shall also provide endorsements for each policy as specified above.

All specific policy endorsements shall be in the name of the Orange County. Florida.

For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY’s contracted certificate compliance management firm. The certificates shall clearly indicate that the Vendor/Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Vendor/Contractor shall notify the COUNTY not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five

(5) business days prior to the effective date of the replacement policy (ies).

The certificate holder shall read:

Orange County, Florida c/o Risk Management Division 201 S. Rosalind Avenue Orlando, Florida 32801

6. POST AWARD MEETING

Within ten (10) days after receipt of notification of award, Contractor shall meet with the

County’s representative(s) to discuss job procedures and scheduling.

7. ACCEPTANCE/REJECTION/CANCELLATION

The County reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment best serves the interest of the County, or to award a contract to the next most qualified proposer if a successful proposer does not execute a contract within thirty (30) days after approval of the selection by the Board of County Commissioners or other competent authority.

The County also reserves the right to reject the proposal of any proposer who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly

Section 1, General Terms and Conditions | Page 5 under this award. The County reserves the right to inspect all facilities of proposers in order to make a determination as to the foregoing.

Orange County reserves the right, and the Manager of Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

8. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/

REQUIREMENTS/ STATEMENTS OF WORK

Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation.

This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

9. CLARIFICATION

The County reserves the right to request clarification of information submitted and to request additional information of one or more proposers.

10. WITHDRAWAL OF PROPOSAL

Any proposal may be withdrawn until the date and time set above for the submission of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of one hundred and twenty (120) days, to provide to the County the services set forth in this Request for Proposals, or until one or more of the proposals have been awarded.

11. SEALED PROPOSALS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl, prior to the submission deadline. Proposals will be opened and proposer names shall be disclosed per the public meeting notice.

12. PROPOSAL PREPARATION

Costs of preparation of a response to this request for proposals are solely those of the Proposer. The County assumes no responsibility for any such costs incurred by the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

13. ACCOUNTING SYSTEM

The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. The accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five https://secure.procurenow.com/portal/orangecountyfl

Section 1, General Terms and Conditions | Page 6

(5) years after completion of this contract. The County or designee shall have access to books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section, for the purpose of inspection or audit anytime during normal business hours at the Contractor’s place of business. This right to audit shall include the contractor’s subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractor(s) and suppliers.

14. SHORTLISTS, PROTESTS AND LOBBYING

The recommended award will be posted for review by interested parties at the Procurement Division and at: http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No. 2002-15.

Orange County Protest Procedures http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Procurement Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of bid protest proceedings.

Information regarding Procurement Committee scheduling and Board approvals is available by calling the Procurement Reception Desk at (407) 836-5635.

15. PUBLIC ENTITY CRIME

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_infor mation/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve ndor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

Section 1, General Terms and Conditions | Page 7 provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

16. AVAILABILITY OF FUNDS

The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement.

17. TOBACCO FREE CAMPUS

All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to contractors and their personnel during contract performance on county-owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies.

18. VERIFICATION OF EMPLOYMENT STATUS

The Contractor is required to be registered with the U.S. Department of Homeland Security’s E-Verify system prior to entering into a contract with Orange County. The Contractor shall use the E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the contract term. The Contractor shall include an express provision in all of its subcontracts requiring subcontractors, who perform work or provide services pursuant to the contract, to use the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

Only those employees determined eligible to work within the United States shall be employed under this contract.

By submission of a bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation.

A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes is obligated to terminate the contract with the person or entity pursuant to Section 448.095(2)(c)1, Florida Statutes. If Orange County terminates the contract for the foregoing reason, the contractor may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated, and the contractor will be liable for any additional costs incurred by Orange County as a result of the termination of the contract.

19. SCHEDULE OF SUBCONTRACTING

http://www.uscis.gov/portal/site/uscis

Section 1, General Terms and Conditions | Page 8

Proposers shall list all proposed sub-contractors to be used, regardless of racial or gender grouping. Include names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity), proposed percentage of work, and the M/WBE or Majority designation (M/WBE or Non-M/WBE).

20. EQUAL OPPORTUNITY

It is hereby declared that equal opportunity and nondiscrimination shall be the County’s policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations.

Further, the Contractor shall abide by the following provisions:

A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract.

B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non-discrimination provision of the contract.

The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors.

21. CONFLICT OF INTEREST

The award is subject to provisions of applicable State Statutes and County Ordinances. All proposers must disclose with their offer the name of any officer, director, or agent who is also an employee of Orange County. Further, all proposers must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches. Should the Contractor permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

22. DEBRIEFING OF PROPOSERS

Not later than thirty (30) days after Board approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

A. Key requirements of the solicitation.

B. The overall ranking of all proposals.

Section 1, General Terms and Conditions | Page 9

C. The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

D. If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

E. If applicable, a summary of the rationale for award.

F. Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

23. REFERENCE CHECKS

The contact person listed as a reference shall be someone who has personal knowledge of the Proposer’s performance during the referenced contract. Contact persons shall have been informed that they are being used as a reference and that the County may be contacting them. More than one person can be listed but all shall have knowledge of the project. DO NOT list principals or officers who will not be able to answer specific questions regarding the project.

Failure of references listed to respond to the County’s inquiries may negatively impact the evaluation of the Proposal. The reference shall be the owner or a representative of the owner.

24. CONFIDENTIAL INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all bidders/proposers should be aware that formal solicitations and the responses thereto are in the public domain.

Requests for confidential treatment will not supersede the County’s legal obligation to provide records to the public consistent with public records law. Bidders/proposers must cite specific, applicable legal grounds to support a request for confidential treatment, of any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful bidder’s/proposer’s name, the substance of the bid/proposal, and the price.

If the bidder/proposer requests confidential treatment, bidder/proposer must submit an additional copy of the bid/proposal with the proposed confidential information redacted.

This copy must include a general description of the information redacted, and shall only be redacted in the least expansive manner necessary to effectuate the requested exemption(s).

In a separate attachment, bidder/proposer shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis under Florida law, including a detailed justification for exempting the information from public disclosure.

Bidder/proposer shall hold harmless and indemnify the County for all claims, actions, suits, judgments, fines, costs or damages the County may incur as a result of bidder’s/proposer’s request for confidential treatment of its bid/proposal. Bidder/proposer agrees and

Section 1, General Terms and Conditions | Page 10 understands that the County may make copies of, and distribute, the bid/proposal without any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such copying will not violate the rights of any third party.

25. PUBLIC RECORDS COMPLIANCE

Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall:

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

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

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

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

5. A Contractor who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT :

PROCUREMENT PUBLIC RECORDS LIAISON

400 E. SOUTH STREET, 2ND FLOOR, ORLANDO, FL 32801

PROCUREMENTRECORDS@OCFL.NET, 407-836-5635

mailto:ProcurementRecords@ocfl.net

Section 1, General Terms and Conditions | Page 11

26. FEDERAL AND STATE TAX

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales/Use Tax Exemption Certificate). The Manager, Procurement Division will sign an exemption certificate submitted by the Contractor.

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

27. PROPRIETARY/RESTRICTIVE SPECIFICATIONS

If a proposer considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement Division prior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Request for Proposals.

28. MISTAKES

In the event of extension error(s), the unit prices will prevail and the proposer’s total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Proposer’s total will be corrected accordingly. Any discrepancy between words and numbers will be resolved in favor of the written words. Proposers must check their submissions where applicable. Failure to do so will be at the Proposer’s risk.

Proposals having erasures or corrections must be initialed in ink by the Proposer.

29. CONTRACTUAL AGREEMENT

This solicitation shall be included and incorporated in the final contract or purchase order.

The order of contract precedence will be the contract (purchase order), solicitation, and proposal. Any and all legal actions associated with this Request for Proposals and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida.

Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

30. PAYMENT TERMS/DISCOUNTS

The County’s payment terms are in accordance with Florida Statute 218, Local

Government Prompt Payment Act. Cash discounts for prompt payment will be considered in determining the lowest net cost for fee proposal evaluation purposes. Notwithstanding the above, discount payment terms shall not be less than net 30 calendar days from receipt of correct invoice.

31. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this offer, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement:

Section 1, General Terms and Conditions | Page 12

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and, C. No attempt has been made or shall be made by the Proposer to induce any other person or Proposer to submit or not to submit an offer for the purpose of restricting competition.

32. FEDERAL REQUIREMENTS

In the event this Contract is paid in whole or in part from any federal government agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause.

Equal Employment Opportunity: For any federally assisted construction contract, as defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.

Davis–Bacon Act: For any federally assisted construction contract, in excess of two thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Davis-Bacon Act (40 U.S.C. 3141 – 3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and assisted Construction”); and the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

For a definition of “Construction” see 48 CFR 2.101.

Contract Work Hours and Safety Standards Act: For any federally assisted contract, in excess of one hundred thousand dollars ($100,000), that involves the employment of mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements Appendix A. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Section 1, General Terms and Conditions | Page 13

Rights to Inventions Made Under a Contract or Agreement: For any federally assisted contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR

401.2 for the performance of experimental, developmental, or research work, the contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and

(b) regarding Patent Rights and The Allocation of Principal Rights.

Clean Air Act and the Federal water Pollution Control Act: For any federally assisted contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the requirements of the Clean Air Act (42 U.S.C. 7401 -7671q.) and the Federal water Pollution Control Act as amended (33 U.S.C. 1251 – 1387).

Procurement of Recovered Materials:

(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

(2) Information about this requirement, along with a list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Awarded Contractors are required to fully comply with all requirements outlined in 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

SECTION 2

SPECIFICATIONS / SCOPE OF SERVICES

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SPECIFICATIONS / SCOPE OF SERVICES

The Contractor shall provide Real Estate Representative Services for Orange County Government. Duties include action to facilitate the acquisition of real estate land, building, office space, warehouse space, ground leases, and any other property required to carry out the role of the County Government in an efficient and timely manner. Services to be provided include but are not limited to the following requirements:

A. For new properties:

1. Review, analyze and coordinate acquisition requirements, as requested, in a timely manner with the Manager of Real Estate Management or their designee.

2. Schedule building inspections. Accompany appropriate County staff to inspect and evaluate major building systems (i.e., electrical distribution and capacity, HVAC design and capacity, security, data and voice distributions, etc.) for proposed or existing lease properties and proposed acquisition properties and make recommendations.

3. Provide comprehensive market review via database search, commercial and industry listings, sourcebooks, contacting landlords/brokers and drive-bys, within ten (10) days of request.

4. Analyze and provide abstracts of operating expense exposure, tenant improvements and all potential additional costs (i.e. parking, storage, HVAC, telecommunication needs, etc.)

to ensure costs are inclusive.

5. Prepare proposal comparisons and recommend "best fit" to the Real Estate Management Division within fifteen (15) days of request. Potential property research will be comprehensive in nature and not be limited to minimum real estate computer searches without prior approval.

6. Coordinate through the Real Estate Management Division the review of buildings and site plans with the Capital Projects Division, Facilities Management Division, County Attorney's Office, Risk Management Division, and requesting agency of Orange County Government. Such coordination will continue throughout the process to the point of delivering the space to the requesting agency of the County Government.

7. Assist in planning space to maximize workflow and workload production efficiency.

8. Negotiate for space requirements within time and budget constraints. The acquisition shall be structured in the best interests of Orange County Government. Leasing terms are to include but not be limited to term, rate, escalation, rent abatement, operating expense recoveries, tenant improvement allowances, ADA, and liability provisions.

9. Provide assistance to the Real Estate Management Division by drafting documents for review and with coordination of joint efforts with Capital Projects Division on the necessary build-out requirements and with Facilities Management Division in determining building appropriateness with regard to long term maintenance as well as maintenance cost projections prior to the approval of the lease and upon request of existing leases.

B. For new and existing properties:

1. Provide negotiation and market information reports to be distributed to the Real Estate

Section 2, Specification / Scope of Services | Page 2

Management Division. Schedule, at a mutually agreeable time, quarterly meetings to address issues from the Contractor’s perspective as well as topics provided in advance by the Real Estate Management Division.

2. Coordinate tenant improvements and move-ins for new space and vacation for existing space by providing a timeline of contract critical dates.

3. When deemed necessary, appropriate, or when requested, perform lease renewals, which shall include comparative analysis for current market availability, preparation, negotiation, coordination, and completion of existing leased properties. The Real Estate Management Division will not be restricted from increasing the space allocation in a building with in-house staff that a Contractor(s) has already obtained for the County, nor will the Contractor be compensated for efforts of the in-house staff. No Contractor shall be considered the exclusive representative of the County.

4. Verify and coordinate payment schedules, pass-through billings, and lease payment escalation activities with and through the Real Estate Management Division to ensure efficient fiscal compliance with the terms of the lease.

5. Audit annual expense reconciliations to eliminate overcharges on pass-through expenses imposed by the landlord.

6. Assist in the coordination and follow-up on lease compliance issues with property landlords and County tenants.

7. Provide written quarterly updates on the market costs for operation and maintenance of various types of space (i.e., office, warehouse, medical/clinical, etc.).

C. For the acquisition or sale of County owned property:

1. As necessary, or upon request, provide full brokerage and commercial real estate services and assistance for the purchase of properties or disposition of properties owned by the County or affiliated government related entities.

2. For a disposition assignment, either by lease or sale or for the services such as Valuation or Feasibility Analysis, Orange County (or related entity) shall be responsible for paying market commissions typical for similar real estate transactions in the market. The Compensation Schedule shall be applied to the listing side of a commission for any requested assignment. Per assignment, a separate document agreed to by both parties will summarize responsibilities, terms, and compensation.

3. Upon final execution of lease documents, provide lease abstract or synopsis of all pertinent information. Provide lease audits as requested by the County.

a. Lease abstraction is the process of distilling the most pertinent and frequently used information within a commercial lease agreement. The end product — a lease abstract — is a concise, easy-to-read summary of a lengthy lease agreement. The abstract is typically easy to review and update and includes the most important legal, financial, and business details of a lease. It also directs users to where they can find greater context on specific provisions. The lease abstract is a significantly condensed version of the lease without complex legalese.

b. At a minimum, the lease abstract must contain the following basic information:

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• Names of the tenant(s) and landlord

• Address and square footage of the space

• Term of the lease

• Expiration date

• Renewal options

• Whether the tenant previously exercised a renewal right

• Sublet options

• Tenant’s base rent amount

• Planned future rent escalations

• Real estate taxes

• Whether the tenant possesses a right of first refusal if the property is the owner sells the property or leases another space in the building

• Existence of any exclusive use clauses

• Termination clauses

• Additional sources of revenue connected to the lease, such as parking spaces

4. Provide lease audits as requested by the County.

A lease audit is an examination of all lease charges to determine if they are consistent with the lease. It is a comparison of billed amounts to lease provisions to ensure the tenant is not overpaying its rental obligations.

Most leases contain operating expense “pass-through” or “escalation” provisions which allow the landlord to charge tenants for the costs (or increases in costs) of cleaning, utilities, taxes, insurance and other operating expenses. Operating expense pass-through provisions are highly negotiated and can vary widely from lease to lease. Many landlords do not devote the resources necessary to tailor each tenant’s bill to each unique lease. As a result the Real Estate Management Division has difficulty managing differing pass-through clauses among varies leases.

Orange County has approximately 400 agreements in total to manage. The goal will be to have at least 100 agreements audited and abstracted per year. At a minimum there are approximately 35 agreements where the County is a tenant which will need lease audits completed annually for operating expenses reconciliations.

SECTION 3

PROPOSAL SUBMISSION REQUIREMENTS AND DOCUMENTATION

Section 3, Proposal Submission Requirements and Documentation | Page 1

STATEMENT OF NO-PROPOSAL

The Procurement Division is committed to continuously improve its processes and our goal is to receive maximum participation from the vendor community. If your firm chooses not to participate in responding to this solicitation please email Rebeca.Malave@ocfl.net, referencing the RFP number, and briefly explain why the decision was made to not participate.

PRE-REQUISITE REQUIREMENTS

NON-MANDATORY PRE-PROPOSAL CONFERENCE

All interested parties are invited to attend a Non-Mandatory Pre-proposal Conference to be held on Friday, April 7, 2023, at 11:00 AM, via WEBEX:

Join from the meeting link

Join by meeting number

Meeting number (access code): 2450 605 3223 Meeting password: Go2Meeting

Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

ATTENDANCE IS NOT MANDATORY BUT IS ENCOURAGED.

At that time, the County’s representative will be available to answer questions relative to this Request for Proposals. Any suggested modifications may be presented in writing to, or discussed with, the County’s representative(s) at this meeting…