SUWANNEE RIVER WATER MANAGEMENT DISTRICT REQUEST FOR PROPOSALS NO. 09/10-035 LAM APPROVED REAL ESTATE BROKERS Table of Contents Section Description Page 1 Introduction 1 2 Proposed Schedule 2 3 Instruction to Proposers 2 4 Key Points 3 5 Scope of Work 5 6 Response Form 7 Suwannee River Water Management District 9225 CR 49 Live Oak, FL 32060 386.362.1001 386.362.1056 (Fax) 800.226.1066 (Florida only) www.mysuwanneeriver.com 1
SECTION 1 INTRODUCTION To ensure consistent service, reduce administrative costs and expedite sale of lands declared surplus, the Suwannee River Water Management District (District) is requesting proposals for the services of Real Estate Brokers for exclusive right of sale listing agreements in a non-representative capacity. The lands to be offered for sale will be in diverse locations throughout the District s 15-county region and may vary from less than 20 acres to hundreds of acres. The approved Real Estate Brokers will be chosen for listings during the 2009-2010 fiscal year. The list will be reviewed annually and may, at the District s option, be recommended for re-approval for up to two additional years. It is the District s goal to determine the best values among the proposals that are submitted. The successful proposals to be furnished on or before the date set forth in Section 2 will be chosen based on, but not limited to the following: A. The Commission (a percentage of the total Purchase Price). B. Broker must act in a Non-Representative capacity to the District and Buyers. C. The MLS Listing Service to be used showing what MLS Services the Property will be listed in. D. Marketing plan including disclosing where the ads will be run and the area of coverage by the advertisement. Advertising includes signs, flyers, etc. E. Internet notices, which include information concerning the different internet services to be used. F. Requirements for terminating the Listing Agreement by the District. G. Terms offered to co-operating Brokers. H. The following matters will be included in the Listing Agreement (see attached sample). 1. Commission will only be due and paid at closing. 2. The purchaser s deposit shall be placed in the Suwannee River Water Management District s Attorney s Trust Account. 3. The final Sales Contract must be approved by the Suwannee River Water Management District s Attorney. 4. Virtual Office Website will not be allowed. 5. Lock box systems are acceptable. 6. The listing shall be for an initial period of six (6) months. 1
SECTION 2 - PROPOSED SCHEDULE May 17, 2010 Release of Request for Proposals (RFP) June 2, 2010 Proposals due prior to 4:00 p.m. Openings will occur at this time.* June 3, 2010 Selection Committee meeting at 2:00 p.m.* June 8, 2010 Governing Board approval of Real Estate Broker(s) * Denotes a public meeting. All meetings will be held at District Headquarters located at the corner of U.S. 90 and C.R. 49 in Live Oak, Florida. All times are Eastern Standard Time (EST). SECTION 3 INSTRUCTIONS TO PROPOSERS 1. Proposers are required to have the completed proposal submitted as set forth in Section 2. 2. Delivery of Proposals: One original and three (3) copies of the proposal shall be sent in one envelope to: Gwen Lord, Business Resource Specialist IV Suwannee River Water Management District 9225 County Road 49 Live Oak, Florida 32060 Phone: 386.362.1001 Any proposals received after the date and time set forth above, will be rejected. Proposals must be hard copy. FAX or EMAIL transmittals will not be accepted. All proposals shall be submitted in a sealed envelope with the following clearly marked in large, bold and/or colored lettering: RFP 09/10-035 LAM Real Estate Broker Services Opening June 2, 2010 4:00 p.m. Proposals delivered in an envelope not properly marked with the RFP number and opening date and time that are inadvertently opened by District personnel will not be considered. The proposal shall be hand-delivered or mailed, preferably by registered mail. 2
SECTION 4 KEY POINTS Challenge of Solicitation Process: If a potential respondent protests any provisions of this Request for Proposal (RFP), a notice of intent to protest shall be filed with the District in writing within 72 hours after the posting of the RFP on the District s website and the respondent shall file a formal written protest within ten (10) days after filing of notice of intent to protest. Any respondent who files a formal written protest pursuant to Chapter 28-110, Florida Administrative Code, and Section 120.57(3), Florida Statutes, shall post with the District at the time of filing the formal written protest, a bond pursuant to Section 287.042(2)(c), Florida Statutes (2008). Failure to file a notice of intent to protest or failure to file a formal written protest within the time prescribed in Chapter 28-110, Florida Administrative Code and Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. More specifically, Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120 of Florida Statutes. Challenge of District s Intent to Award Contract: If a respondent intends to protest District s intent to award contract, the notice of intent to protest must be filed in writing within 72 hours after posting of a notice of intent to award contract and the respondent shall file a formal written protest within ten (10) days after filing of notice of intent to protest. Any respondent who files a formal written protest pursuant to Chapter 28-110, Florida Administrative Code, and Section 120.57(3), Florida Statutes shall post with the District at the time of filing the formal written protest, a bond pursuant to Section 287.042(2)(6), Florida Statutes (2008). Failure to file a notice of intent to protest or failure to file a formal written protest within the time prescribed in Chapter 28-110, Florida Administrative Code and Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. More specifically, Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120 of Florida Statutes. Americans with Disabilities Act: The District does not discriminate upon the basis of any individual s disability status. This nondiscrimination policy involves every aspect of the District s functions including one s access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities 3
Act should contact the District at 386.362.1001 or 800.226.1066 (Florida only). The District s fax number is 386.362.1056. Minority Business Enterprises: The District recognizes fair and open competition as a basic tenet of public procurement. Respondents doing business with the District are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age, or sex. The District encourages participation by minority business enterprises. Whenever two or more service providers are ranked equally, a minority business enterprise shall be given preference in the award process. Veteran s Preference: In the absence of minority business enterprise, whenever two or more service providers are ranked equally by the District, a veteranowned business enterprise shall be given preference in the award process. Drug Free Workplace Act: The selected respondent shall represent that it has established a drug free workplace. Public Entity Crime: Section 287.133(2)(a), Florida Statutes, states A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Insurance Requirements: If awarded, respondent will represent and guarantee that all employees, agents, servants or representatives of the Broker are covered by workers' compensation insurance. Any independent contractor or agent that is working under the Broker s license which independent contractor or agent has any employees, agents, servants or representatives working for them must be covered by workers compensation insurance. Broker must present and guarantee that such are covered by workers compensation insurance. Prior to entering into contract with the District, respondent agrees to furnish the District certificates of insurance on all insurance, naming District as additional insured for items 2 and 3 below, providing evidence that respondent has in full force and effect the following minimum insurance with insurers authorized to do business in the State of Florida: 1) Workers' compensation insurance as required above; 4
2) Motor vehicular liability insurance with limits of not less than $300,000 combined single limit which insurance shall be applicable to any and all vehicles utilized by respondent to provide the services requested by District; 3) General liability insurance for all services rendered by respondent for the requested services with a minimum of $1,000,000 personal and advertising injury and $1,000,000 general aggregate. The certificate of insurance shall also provide that District shall be notified in writing by the carrier at least 30 days prior to any cancellation of said insurance. Rejection of Responses: Pursuant to Rule 40B-1.812, Florida Administrative Code, the District reserves the right to reject any and all bids or other proposals submitted in response to District invitation. SECTION 5 - SCOPE OF WORK The successful proposer shall: Have an active Florida Real Estate Broker s License, Upon acceptance, will have an exclusive right of sale, The Broker upon being selected shall act in a non-representative capacity working with District, but does not make decisions for District. Provide a multiple listing service and internet displays if possible. Property Specifics As lands are declared surplus by the District Governing Board, information regarding each parcel will be provided to the Real Estate Broker receiving the specific assignment. The information provided will be, at a minimum: maps, legal description, current appraised value (land and timber, if applicable). These lands will be in various locations throughout the District s 15-county region and may vary from less than 20 acres to hundreds of acres. Delivery of Listing Agreement Once the proposals have been received and the Selection Committee has notified the Broker to furnish a Listing Agreement, the Broker shall prepare a Listing Agreement and shall furnish the same to the District. The terms of the Listing Agreement shall include those matters set forth in Section 1 above. The Broker shall prepare an original and three (3) copies of the Listing Agreement and it shall be sent to Gwen Lord as set forth in Section 3 above. Listing Agreements delivered after that date will be rejected. Listing Agreement 5
must be a hard copy, fax or email transmittals will not be accepted. All Listing Agreements shall be submitted in a sealed envelope. Once the Listing Agreement has been approved by the District and the Broker, the same shall be furnished to the District and the Broker after being signed by the parties. 6
SECTION 6 RESPONSE FORM APPROVED REAL ESTATE BROKER REQUEST FOR PROPOSALS 09/10-035 LAM The response to the proposal form shall, in addition to the information requested in Section 1 above, include the following: 1. List at least three successful sales transacted through you in the last two years. A. B. C. 2. Name of Broker: Florida Real Estate Broker s License Number: Name of Company: Address: Phone Number: Email Address: Certification of Drug Free Workplace Plan: Yes No Commission: % Signature: Date: 7