Date: March 1, 2014 RFP NO. 14-11R REQUEST FOR PROPOSALS

Date: March 1, 2014 RFP NO. 14-11R

REQUEST FOR PROPOSALS

RFP 14-11R

ALL QUALIFIED PROPOSERS:

Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue,

Tamarac, Florida 33321-2401 until 2:00 PM local time, Tuesday, April 15, 2014 for:

LEASE OF CITY PROPERTY FOR THE PURPOSE OF THE

DEVELOPMENT, CONSTRUCTION, MAINTENANCE & OPERATION OF A CHARTER HIGH

SCHOOL The City is soliciting proposals to find an organization interested in entering into a lease of City property for the purpose of developing, building, maintaining and operating a high quality Charter High School on land provided by the City of Tamarac located within the grounds of the Tamarac Sports Complex located at 9901 NW 77th Street, Tamarac, Florida 33321. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand

delivery, on or before the date and time referenced above. Any Proposals received after 2:00 p .m.

on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. A Pre-Proposal Conference and Site Inspection to address questions and concerns related to this Request for Proposal, and to the site will be held at 10:00 a.m. on March 11, 2014 at the Tamarac Sports Complex Concession Building, in the NE Corner of the park at 9901 NW 77th Avenue, Tamarac, Florida 33321.

City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re-advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City.

Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.org/index.aspx?NID=317 . For inquiries, contact the Purchasing Office at (954) 597-3570. Keith K. Glatz, CPPO Purchasing and Contracts Manager Publish Sun-Sentinel: March 5, 2014 and March 12, 2014

http://www.tamarac.org/index.aspx?NID=317

City of Tamarac Purchasing and Contracts Division

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REQUEST FOR PROPOSALS

RFP 14-11R

LEASE OF CITY PROPERTY FOR THE DEVELOPMENT, CONSTRUCTION,

MAINTENANCE & OPERATION OF A CHARTER HIGH SCHOOL

Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible Proposers and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. I. INTRODUCTION

The City is soliciting proposals to find an organization who may be interested in leasing City owned property for the purpose of developing, building, maintaining and operating a high quality Charter High School on land provided by the City of Tamarac. The City will also accept proposals for a Charter Middle School operated in conjunction with the Charter High School on the same property.

II. INFORMATION

For information pertaining to this Request for Proposals (RFP), contact Purchasing and Contracts Manager, Keith K. Glatz, CPPO, FCPM, FCPA at the Tamarac Purchasing and Contracts Division at (954) 597-3567 or Assistant City Manager, Diane Phillips at (954) 597-3510 Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum.

It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 597-3565 or email to [email protected].

III. SCHEDULE OF EVENTS

The schedule of events related to this Request for Proposals shall be as follows:

RFP Document issued March 1, 2014

Pre-Proposal Conference (If Applicable) March 11, 2014

Deadline for Written Questions March 17, 2014

Deadline for Receipt of Proposals April 15, 2014 at 2:00 P.M.

Evaluation of Proposals April 16 – 23, 2014

Presentations by Short-listed Proposers (if applicable) April 24, 2014

Final Ranking of Firms April 25, 2014

Anticipated Award by Commission May 14, 2014

All dates are tentative. City reserves the right to change scheduled dates.

mailto:[email protected]


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IV. INSTRUCTIONS TO PROPOSERS

&

STANDARD TERMS AND CONDITIONS

RFP 14-11R

Our Vision and Mission

Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are “Committed to Excellence. . . Always” It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation.

1. AUTHORITY AND GENERAL TERMS AND

CONDITIONS

1.1 This proposal is issued pursuant to,

and governed by the laws of the State

of Florida, Article VII “Financial

Procedures”, Section 7.11,

“Requirements for Public Bidding, of

the City of Tamarac Charter; and

Chapter 6 “Finance and Taxation”,

Article V, the Tamarac Procurement

Code.

1.2 These General Terms and Conditions apply to all offers made to the City of Tamarac by all prospective Proposers, including but not limited to, Requests for Quotes, Requests for Proposal and Requests for Bid. As such the words "bid", "proposal" and “offer” are used interchangeably in reference to all offers submitted by prospective Proposers. The City of Tamarac reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re-advertise for proposals, to enter into contract negotiations with the selected Proposer or take any other actions that may be deemed to be in the best interest of the City of Tamarac. Any and all special conditions in this RFP or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety.

2. DEFINED TERMS

Terms used in these Instructions to Proposers

are defined as follows:

2.1 “Proposer” – one who submits a

Proposal in response to a solicitation.

“Successful Proposer" - the

qualified, responsible and responsive

Proposer to whom City (on the basis

of City's evaluation as hereinafter

provided) makes an award.

2.2 “City" - the City of Tamarac, a

municipal corporation of the State of

Florida.

2.3 “Proposal Documents" - the Request

for Proposals, Instructions to

Proposers, Proposer’s Qualifications

Statement, Non-Collusive Affidavit,

Certified Resolution, Vendor Drug-

http://library.municode.com/index.aspx?clientId=10265




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Free Workplace, Proposer’s Proposal,

Proposal Security and Specifications,

if any, and the proposed Contract

Documents (including all Addenda

issued prior to opening of Proposals).

2.4 “Contractor" - the individual(s) or

firm(s) to whom the award is made

and who executes the Contract

Documents.

3. SPECIAL CONDITIONS

Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the Special Conditions and/or the Scope of Work shall prevail.

4. EXAMINATION OF CONTRACT DOCUMENTS

AND SITE

4.1. Before submitting a Proposal, each

Proposer must visit the site (if

applicable to the project) to become

familiar with the facilities and

equipment that may in any manner

affect cost or performance of the

work; must consider federal, state and

local laws, ordinances, rules and

regulations that may in any manner

affect cost or performance of the

work, must carefully compare the

Proposer's observations made during

site visits or in review of applicable

laws with the Proposal Documents;

and must promptly notify the

Purchasing and Contracts Manager of

all conflicts, errors and discrepancies,

if any, in the Proposal Documents.

4.2. The Proposer, by and through the

submission of a Proposal, agrees that

Proposer shall be held responsible for

having examined the facilities and

equipment (if applicable); is familiar

with the nature and extent of the work

and any local conditions that may

affect the work, and is familiar with the

equipment, materials, parts and labor

required to successfully perform the

work.

5. OMISSION OF DETAILS / VARIANCES AND

EXCEPTIONS

5.1 The apparent silence of the

requirements as to any detail, or the

apparent omission of a detailed

description concerning any point,

shall be regarded as meaning that

only the best commercial practice is

to prevail, and that only material and

workmanship of the finest quality is

to be used. All interpretations of the

specifications shall be made on the

basis of this statement. Omission of

any essential details from these

specifications will not relieve the

Proposer of supplying such services

or product(s) as specified.

5.2 For the purpose of evaluation, the

Proposer must indicate any variance

or exceptions to the stated

requirements, no matter how slight.

Deviations should be explained in

detail. Absence of variations and/or

corrections will be interpreted to mean

that the Proposer meets all the

requirements in every respect.

6. INTERPRETATIONS AND ADDENDA

If the Proposer is in doubt as to the meaning of

any of the Proposal Documents, believes that

the General Conditions, Special Conditions

and/or Technical Specifications contain errors,

contradictions or obvious omissions, or has any

questions concerning the information contained

in the RFP documents, the Proposer shall

submit a written request to the Purchasing

Office for interpretation or clarification. Such

request must reference RFP name and

number, and should be received by the

Purchasing Office at least ten (10) calendar

days prior to the Proposal opening date, or prior

to the deadline specified in the “Schedule of

Events” provided herein. Questions received

less than ten (10) calendar days prior to the

Proposal opening, or the deadline specified by

the “Schedule of Events” herein, whichever is

sooner, may not be answered. Interpretations

or clarifications in response to such questions

will be issued in the form of a written addendum

transmitted via either fax or email to all parties

recorded by the Purchasing Office as having

received the Proposal Documents. The

issuance of a written addendum shall be the

only official method whereby such an

interpretation or clarification will be made.

7. COSTS AND COMPENSATION (WHEN

APPLICABLE TO THIS PROPOSAL)

7.1. Monetary amounts shall be expressed


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in U.S. Dollars.

7.2. All costs and compensation shall

remain firm and fixed for acceptance

for 60 calendar days after the day of

the Proposal opening.

8. PRICES, PAYMENTS, DISCOUNTS &

ELECTRONIC PAYMENTS (WHEN

APPLICABLE TO THIS PROPOSAL)

8.1 Firm Pricing: Prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, prices shall be fixed and firm for a period of sixty (60) calendar days.

8.2 Prompt Payment Discounts: Where applicable, Proposer is encouraged to provide prompt payment. If no payment discount is offered, the discount shall assume net 30 days. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218.

9. NON-COLLUSIVE AFFIDAVIT

Each Proposer shall complete the Non-

Collusive Affidavit form and shall submit the

form with their Proposal. City considers the

failure of the Proposer to submit this document

may be cause for rejection of the Proposal.

10. PUBLIC ENTITY CRIMES

In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.

11. CONFLICT OF INTEREST

The award of any contract hereunder is subject

to the provisions of Chapter 112, Florida

Statutes. Proposers must disclose with their

Proposal the name of any officer, director,

partner, proprietor, associate or agent who is

also an officer or employee of City or any of its

agencies. Further, all Proposers must disclose

the name of any officer or employee of City who

owns, directly or indirectly, an interest of five

percent (5%) or more in the Proposer's firm or

any of its branches or affiliate companies.

12. PERFORMANCE BONDS AND INSURANCE

Upon award of a contract, the Successful

Proposer, as required within the scope of the

solicitation, may be required to submit

performance bonds and/or payment bonds.

Proposer shall provide certificates of insurance

in the manner, form and amount(s) specified.

13. SUMMARY OF DOCUMENTS TO BE

SUBMITTED WITH PROPOSALS

The following is a summary of documents required to be submitted for this proposal. Failure to include a technical proposal, cost proposal, bid surety (if required below), or any other document that, by its omission, may prejudice the rights of other respondents, may result in immediate rejection of your proposal. Other forms or documents which, by their nature do not impact price or the Proposer’s

cost of doing business should accompany the

Proposal; but must be provided within three (3) business days of the City’s request to be considered responsive.

13.1 Business Plan and Conceptual Site Plan including number of student stations, term of lease, annual rent, proposal for joint use of city and school facilities

13.2 Schedule for the construction and operation of the charter school which includes a breakdown of the time periods for the construction and opening of the charter school, as well as the proposed relocation of any City owned recreation facilities impacted by the construction of the charter school(s).

13.3 Certification Forms

13.4 Certified Resolution Form (or firm’s own Corporate Resolution)

13.5 Proposer’s Qualifications Statement Form & References

13.6 Vendor Drug Free Workplace Form

13.7 Non-Collusive Affidavit Form

13.8 Proof of applicable insurance.

13.9 Listing of any Sub-consultants or


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Subcontractors to be utilized.

13.10 The City reserves the right to request

the most recently completed audited

financial statement, or other

approved documentation to verify financial viability.

14. SUBMISSION OF PROPOSALS

14.1 Proposals must be typed or printed in

ink. Use of erasable ink is not

permitted. All corrections to prices

made by the Proposer should be

initialed.

14.2 All proposals shall be submitted in the

English language, and pricing

expressed in U.S. Dollars.

14.3 Proposals must contain a manual

signature of a corporate officer or

designee with the proven authority to

bind the firm in matters of this nature.

The address and telephone number

for any communications regarding the

Proposal must be included.

14.4 Proposals shall contain an

acknowledgment of receipt of all

addenda.

14.5 Proposals by corporations must be

executed in the corporation’s legal

name by the President or other

corporate officer, accompanied by

evidence of authority to sign.

Evidence of authority shall be

provided on the enclosed Certified

Resolution form, or by the company’s

own Corporate Resolution.

14.6 Proposals by partnerships must be

executed in the partnership name and

signed by a partner, whose title must

appear under the signature.

14.7 Proposals shall be submitted to the

Purchasing Office on or before the

time indicated in the Request for

Proposals. Proposals shall be

submitted in a sealed envelope (faxed

proposals will not be accepted under

any circumstances). The envelope

should be clearly marked on the

exterior with the applicable solicitation

name and number. The envelope

should state the name and address of

the Proposer and should be include

all documents as specified in the

Request for Proposals. Purchasing

and Contracts Division staff is not

responsible for the premature opening

of a Proposal that is not properly

addressed and identified.

14.8 In accordance with Florida Statutes,

Chapter §119.07(1)(a), and except as

may be provided by other applicable

state and federal law, the Request for

Proposals and the responses thereto

may become public records.

Proposers are requested to

specifically identify in the submitted

Proposal any financial information

considered confidential and/or

proprietary which may be considered

exempt under Florida Statute

§119.07(t).

14.9 All Proposals received from Proposers

in response to the Request for

Proposals will become the property of

City and will not be returned. In the

event of Contract award, all

documentation produced as part of

the Contract shall become the

exclusive property of City.

14.10 The Proposer preparing a submittal

in response to this RFP shall bear all

expenses associated with its

preparation. The Proposer shall

prepare a submittal with the

understanding that no claim for

reimbursement shall be submitted to

the City for the expense of proposal

preparation and/or presentation.

14.11 Electronic Media Submission: The

City may require that machine

readable information and data,

including computer assisted drafting

designs (AutoCAD files) be provided

by the proposing firm as a part of its

submittal. The proposing firm shall

not be liable for claims or losses

arising out of, or connected with,

modification by the City, or anyone

authorized by the City, decline of

accuracy or readability of data due to

storage or obsolescence of equipment

or software, any use by the City or

anyone authorized by the City, of such

data for additions to projects except

as authorized in writing by the

proposing firm.


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14.12 The City reserves the right to charge a

non-refundable fee for the purchase of

a solicitation document, and / or for

project plans related to the solicitation.

Such requirement will be specified on

the cover page of this document if it is

applicable to this solicitation. Payment

of such fee to the City shall be

required in order for a bidder to be

considered for the award of an

agreement as a result of this

solicitation.

15. MODIFICATION AND WITHDRAWAL OF

PROPOSALS

15.1 Proposals may be modified or

withdrawn by a duly executed

document signed by a corporate

officer or other employee with

designated signature authority.

Evidence of such authority must

accompany the request for withdrawal

or modification. The request must be

delivered to the Purchasing Office at

any time prior to the deadline for

submitting Proposals. Withdrawal of

a Proposal will not prejudice the rights

of an Proposer to submit a new

Proposal prior to the Proposal

opening date and time. No Proposal

may be withdrawn or modified after

the date of proposal opening has

passed.

15.2 If, within twenty-four (24) hours after

Proposals are opened, any Proposer

files a duly signed, written notice with

the Purchasing Office, and within five

(5) calendar days thereafter

demonstrates to the reasonable

satisfaction of City, by clear and

convincing evidence, that there was a

material and substantial mistake in

the preparation of its Proposal, or that

the mistake is clearly evident on the

face of the Proposal, but the intended

correct Proposal is not similarly

evident, Proposer may withdraw its

Proposal and any bid security will be

returned. Thereafter, the Proposer

will be disqualified from further bidding

on the subject Contract.

16. REJECTION OF PROPOSALS

16.1 To the extent permitted by applicable

state and federal laws and

regulations, City reserves the right to

reject any and all Proposals, to waive

any and all informalities not involving

price, time or changes in the work with

the Successful Proposer, and to

disregard all nonconforming, non-

responsive, unbalanced or conditional

Proposals. Proposals will be

considered irregular and may be

rejected if they show serious

omissions, alterations in form,

additions not called for, conditions or

unauthorized alterations, or

irregularities of any kind.

16.2 City reserves the right to reject the

Proposal of any Proposer if City

believes that it would not be in its best

interest of to make an award to that

Proposer, whether because the

Proposal is not responsive, the

Proposer is unqualified, of doubtful

financial ability, or fails to meet any

other pertinent criteria established by

City within the scope of the

solicitation.

17. QUALIFICATIONS OF PROPOSERS

17.1 Proposals will be considered from

firms normally engaged in providing

the service requested. The proposing

Firm must demonstrate adequate

experience, organization, facilities,

equipment and personnel to ensure

prompt and efficient service to the City

of Tamarac. The City of Tamarac will

determine whether the evidence of

ability to perform is satisfactory and

reserves the right to reject proposals

where evidence submitted, or

investigation and evaluation, indicates

inability of a firm to perform.

17.2 Each Proposer shall complete the

Proposer’s Qualifications Statement

and submit the form with the

Proposal. Failure to submit the

Proposer’s Qualifications Statement

and the documents required

thereunder may constitute grounds for

rejection of the Proposal.

17.3 As a part of the evaluation process,

the City may conduct a background

investigation including a criminal


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record check of Proposer’s officers

and/or employees, by the Broward

County Sheriff’s Office. Proposer’s

submission of a proposal constitutes

acknowledgement of and consent to

such investigation. City shall be the

sole judge in determining Proposer’s

qualifications.

17.4 No proposal shall be accepted from,

nor will any contract be awarded to,

any person who is in arrears to City

for any debt or contract, who is a

defaulter, as surety or otherwise, of

any obligation to City, or who is

deemed irresponsible for unreliable by

City. City will be the sole judge of said

determination.

17.5 The City reserves the right, before

recommending any award, to inspect

the facilities, equipment and

organization or to take any other

action necessary to determine ability

to perform in accordance with the

specifications, terms and conditions.

18. INSURANCE

18.1 Proposer agrees to, in the

performance of work and services

under this Agreement, comply with

all federal, state, and local laws and

regulations now in effect, or

hereinafter enacted during the term

of this agreement that are applicable

to Proposer, its employees, agents,

or subcontractors, if any, with

respect to the work and services

described herein.

18.2 Proposer shall obtain at Proposer’s

expense all necessary insurance in

such form and amount as required

by this proposal or by the City’s Risk

Manager before beginning work

under this Agreement. Proposer

shall maintain such insurance in full

force and effect during the life of this

Agreement. Proposer shall provide to

the City’s Risk Manager current

certificates of all insurance required

under this section prior to beginning

any work under this Agreement.

18.3 Proposer shall indemnify and save

the City harmless from any damage

resulting to it for failure of either

Proposer or any Sub-Proposer to

obtain or maintain such insurance.

18.4 The required types and minimum

limits of insurance coverage which

the Proposer must provide are

contained in the Insurance

Requirements listed in the

“Insurance Requirements” attached

to this RFP.

18.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement.

18.6 The Proposer shall be responsible for the payment of all deductibles and self-insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self-insured retention.

18.7 The Successful Proposer agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of City.

19. INDEMNIFICATION

19.1 GENERAL INDEMNIFICATION: Proposer shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Proposer, any sub-Proposer, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Proposer in the performance of the Work; or c). liens, claims or actions made by the Proposer or any sub-Proposer under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of


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expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Proposer.

19.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely.

19.3 The Proposer shall pay all claims,

losses, liens, settlements or

judgments of any nature whatsoever

in connection with the foregoing

indemnifications including, but not

limited to, reasonable attorney's fees

(including appellate attorney's fees)

and costs.

19.4 City reserves the right to select its

own legal counsel to conduct any

defense in any such proceeding and

all costs and fees associated

therewith shall be the responsibility of

Proposer under the indemnification

agreement. Nothing contained herein

is intended nor shall it be construed to

waive City's rights and immunities

under the common law or Florida

Statute 768.28 as amended from time

to time.

20. INDEPENDENT CONTRACTOR

An Agreement resulting from this solicitation

does not create an employee/employer

relationship between the Parties. It is the

intent of the Parties that the Proposer is an

independent contractor under this Agreement

and not the City’s employee for any purposes,

including but not limited to, the application of

the Fair Labor Standards Act minimum wage

and overtime payments, Federal Insurance

Contribution Act, the Social Security Act, the

Federal Unemployment Tax Act, the

provisions of the Internal Revenue Code, the

State Worker's Compensation Act, and the

State Unemployment Insurance law. The

Proposer shall retain sole and absolute

discretion in the judgment of the manner and

means of carrying out Proposer’s activities

and responsibilities hereunder provided,

further that administrative procedures

applicable to services rendered under any

potential Agreement shall be those of

Proposer, which policies of Proposer shall not

conflict with City, State, or United States

policies, rules or regulations relating to the

use of Proposer’s funds provided for herein.

The Proposer agrees that it is a separate and

independent enterprise from the City, that it

had full opportunity to find other business, that

it has made its own investment in its business,

and that it will utilize a high level of skill

necessary to perform the work. Any potential

Agreement shall not be construed as creating

any joint employment relationship between the

Proposer and the City and the City will not be

liable for any obligation incurred by Proposer,

including but not limited to unpaid minimum

wages and/or overtime premiums.

21. WARRANTIES

21.1 Successful Proposer warrants to City

that the consummation of the work

provided for in the Contract

documents will not result in the breach

of any term or provision of, or

constitute a default under any

indenture, mortgage, contract, or

agreement to which Successful

Proposer is a party.


that it is not insolvent, it is not in

bankruptcy proceedings or

receivership, nor is it engaged in or

threatened with any litigation,

arbitration or other legal or

administrative proceedings or

investigations of any kind which would

have an adverse effect on its ability to

perform its obligations under the

Contract.


that it will comply with all applicable

federal, state and local laws,

regulations and orders in carrying out

its obligations under the Contract.

21.4 All warranties made by Successful

Proposer together with service

warranties and guarantees shall run to

City and the successors and assigns

of City.

22. INSPECTION

The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these


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specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor.

23. NON-DISCRIMINATION AND EQUAL

OPPORTUNITY EMPLOYMENT

During the performance of the Contract, the Proposer shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Proposer will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Proposer shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Proposer further agrees that he/she will ensure that Sub-Proposers, if any, will be made aware of and will comply with this nondiscrimination clause.

24. CLARIFICATION & ADDENDA

Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail.

The Proposer shall examine all proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Proposer shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager.

The City of Tamarac reserves the right to amend this bid prior to the Proposal due date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative.

Addendums will only be issued

electronically through the City’s web-site.

Vendors will be notified of the availability

of new solicitations and addendums via e-

mail or text message (per the vendor’s

choice). It is essential that all vendors

receiving a bid or proposal either

download the document from the City’s

web-site, or register as a plan holder. All

bidders / proposers must visit

http://www.tamarac.org/bids.aspx, and

select the “NOTIFY ME” icon. This action

will take the bidder/proposer to the “Notify

Me” page. Once on the “Notify Me” page,

enter the appropriate e-mail address to

which notifications of solicitations and

addendums should be sent. Bidders and

proposers may also request notification by

text message at this time. Upon

completion of this process, a confirming e-

mail will be sent to the individual who

registered. You must click on the link

provided to confirm registration for

solicitation documents and addendums.

Regardless of the means of transmission

of an Addendum it is the responsibility of

the bidder or proposer to insure that they

have received all addendums issued for a

solicitation prior to submitting a

response.****

24. TAXES

Successful Proposer shall pay all applicable

sales, property, consumer use and other similar

taxes required by law, as well as all special

assessments and other charges that may be

imposed by any governmental agencies.

25. PERMITS, FEES AND NOTICES

Successful Proposer shall secure and pay for

all permits and fees, licenses and charges

necessary for the proper execution and

completion of the work, if applicable. The costs

of all permits, fees, licenses and charges shall

be included in the Price Proposal except where

expressly noted in the specifications.

26. PERFORMANCE

Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the proposal award. The City shall be the sole judge of nonperformance.

27. RECORDS / AUDITS

27.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Proposer shall comply with Florida’s Public


11

Records Law. Specifically, the Proposer shall:

27.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service;

27.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law;

27.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and

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

27.2 During the term of the contract, the

Proposer shall maintain all books,

reports and records in accordance

with generally accepted accounting

practices and standards for records

directly related to this contract. The

form of all records and reports shall

be subject to the approval of the City’s

Auditor. The Proposer agrees to make

available to the City’s Auditor, during

normal business hours and in

Broward, Dade or Palm Beach

Counties, all books of account, reports

and records relating to this contract.

28. EMPLOYEES

28.1 Employees of the successful Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions.

28.2 Unauthorized Aliens: The employment of unauthorized aliens by any Proposer is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the Proposer knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this RFP. This applies to any sub-Proposers used by the Proposer as well

29. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request.

30. GOVERNING LAW: The laws of the State of Florida shall govern this Agreement. Venue shall be Broward County, Florida.

31. INFORMATION REQUESTS AFTER DUE

DATE

Pursuant to Florida Statute Chapter 119, Section 071 (1), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §119.071(1) (b) (2), or within 30 days after bid/proposal opening, whichever is earlier.

32. OWNERSHIP OF PRELIMINARY AND FINAL

RECORDS

All preliminary and final documentation and records shall become and remain the sole property of the City. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the


12

agreement the proposing firm shall cease work and deliver to the City all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the project), including all documents bearing the professional seal of the firm. The City shall, upon delivery of the aforesaid documents, pay the firm and the firm shall accept as full payment for its services thereunder, a sum of money equal to the percentage of the work done by the firm and accepted as satisfactory to the City.

33. CONTINGENT FEES PROHIBITED

The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City.

34. PROHIBITION AGAINST LOBBYING

During the solicitation of any bid or proposal, any firm and its agents, officers or employees who intend to submit, or who have submitted, bids or proposals shall not lobby, either individually or collectively, any City Commission members, candidates for City Commission or any employee of the City. Contact should only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing and Contracts Division for purposes of obtaining additional or clarifying information. Any action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, agents, or employees shall be within the purview of this prohibition and shall result in the immediate disqualification of that firm from further consideration.

During a formal solicitation process, contact with personnel of the City of Tamarac other than the Purchasing and Contracts Manager or designated representative regarding any such solicitation may be grounds for elimination from the selection process. (Reference: Tamarac Procurement Code Section 6-156.)

Remainder of Page Intentionally Blank


13

V. STATEMENT OF WORK

The City is soliciting proposals to find an organization interested in developing, building, maintaining and operating a high quality Charter High School on land provided by the City of Tamarac located within the grounds of the Tamarac Sports Complex located at 9901 NW 77th Street, Tamarac, Florida 33321. The Proposer may also include as part of the proposal the option to also operate a middle school serving grades 6-8 on the property.

A. BACKGROUND

The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square miles and is located in Central Broward County. The municipal limits stretch east to west from just west of Powerline Road near I-95, to the Sawgrass Expressway, and generally north to south from Southgate Boulevard to Commercial Boulevard. The City’s population is approximately 60,427 per the 2010 U.S. Census. There are currently two (2) public elementary schools (Tamarac Elementary and Challenger Elementary) and one (1) public middle school (Millennium Middle School) within the boundaries of the City of Tamarac which are operated by Broward County Public Schools. In addition, there are currently four tuition-free public charter schools within the City that offer classes to Broward County students. The four (4) charter schools are as follows:

1. The Charter School of Excellence (K-5) 2. Excelsior Charter School (K-5) 3. Pivot Charter School -- Ft. Lauderdale (located in Tamarac) (6-12) 4. Renaissance Charter School at University (K-8)

B. SCOPE & SERVICES TO BE PROVIDED

The City of Tamarac is interested in attracting a high quality tuition free public charter high school which will provide students with a college preparatory curriculum. In addition, the proposer may include a high quality tuition free public charter middle school serving grades 6 through 8 at the same location.

1. The City currently has property located at the Tamarac Sports Complex located at 9901 NW 77

th Street, Tamarac, Florida 33321, which is being

offered for a long term lease to an organization who will develop, construct, maintain and operate a charter high school, including all management and staffing of the facility, with an optional charter middle school. To the extent permitted by law, the charter schools should provide for a geographic preference for City of Tamarac residents. The City envisions a multi-story facility to serve as an educational facility to be built on a 7.445 acre site within the Sports Complex campus. The Sports complex currently has amenities for various sports venues, including tennis, soccer, basketball, football, softball and baseball. In addition, a Skate Park is located on the


14

Sports Complex property. The proposer may lease all or part of the City’s available property for the charter high school; however, the City’s water tank, which is located on the Property shall remain in its current location.

2. The City will only consider a proposal where the cost of the facility will be borne by the developer. This will include all capital costs including design and construction, as well as the physical operation and maintenance of the facility, buildings, parking areas, and appurtenant facilities on an ongoing basis. In addition, if the proposal involves the removal of the City’s existing recreational facilities located on the property, the Proposer must provide, as part of its proposal, for the relocation of the existing tennis courts to the City’s Sabal Palm North Park, for the relocation of the existing Skate Park to the City’s Caporella Aquatic Center, and the existing basketball courts to a location on site.

3. The facility to be constructed by the successful proposer shall include, at a minimum, a Gymnasium, Auditorium, and classrooms for grades 9 – 12. In addition, if the proposer is going to provide for the operation of a middle school, the proposer should also include classrooms for grades 6-8.

4. The facility shall comply with all Federal, State and local standards, requirements and codes, and shall be fully accessible in conformance with all standards and provisions of the Federal Americans with Disabilities Act (ADA).

5. The successful Proposer shall be responsible to bear the cost of all permits/licenses, bonds and insurance that are necessary for the construction, maintenance or operation of the facility, including any fees and costs associated with any development and site plan approvals from any applicable governmental agencies, including, but not limited to the City of Tamarac.

6. The successful Proposer shall also be responsible for staffing the facility with Florida certified teachers, and professional educational administrators who will meet State of Florida standards to maintain the school’s charter on an ongoing basis. The successful Proposer shall provide proof of successful operation of charter high schools within the State of Florida.

7. The successful Proposer shall provide a commitment to provide capital funds for future improvement to the facility.

8. Property Folio Information for this location may be accessed through the Broward County Property Appraiser’s website at: http://www.bcpa.net/RecInfo.asp?URL_Folio=494105350030. In addition, an Aerial Site Map, as well as a boundary sketch and legal description of the property being proposed to be leased is attached hereto for reference. (See

Exhibits “A” and “B” herein.) The proposer may include all or part of the property in its proposal; however, the City’s water tank shall remain in its current location.

9. The Property is being offered as-is. The City will not pay for any

http://www.bcpa.net/RecInfo.asp?URL_Folio=494105350030


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improvements on the Property to effectuate renovations needed for a particular proposed use. If a proposal includes a due diligence period, such

must be specifically set forth within a proposal. The City’s water tank will

need to remain in its current location. The successful Proposer shall

be responsible for performing and paying for any Phase I or Phase II

environmental testing which the Proposer may require.

10. Note that the City cannot finance any construction or hold any notes or mortgages on the Property. Similarly, as the property is owned by the City, no mortgage or other lien can be placed on the property or the structures constructed thereon as part of any financing mechanism for the charter

school. Any proposal that includes any such terms related to

mortgages or other liens on the Property will be deemed non-

responsive.

11. The RFP includes as Exhibit "C" herein, a form Lease which contains the substance of the terms in the Lease. Respondents should not expect that any of the terms will be changed through the negotiations after selection of a

proposal. FOR PURPOSES OF RESPONDING TO THIS RFP,

RESPONDENTS SHOULD NOT COMPLETE ANY BLANKS IN THE LEASE

DOCUMENT.

12. If a Respondent believes that a specific term or term of the Lease is unacceptable or vague, it should advise the City in writing using the same process for submitting comments or questions as set forth herein. The City will respond to written comments on the form Lease document only to indicate that a term or term may be changed either as an addenda to this RFP or during negotiations on a final Lease document subsequent to The selection of a proposal by the City Commission.

E. QUALIFICATIONS OF PROPOSERS This RFP shall be awarded only to a responsive and responsible proposer, qualified to provide the services specified. The proposer shall, upon request, promptly furnish the City sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed performance requirements, a satisfactory record of integrity and business ethics, the necessary organization, academic, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations: 1. MINIMUM QUALIFICATIONS The proposer MUST meet all of the requirements supplied in this document and MUST submit the following information with responses to the following requirements: a. Each proposer shall have a minimum of five (5) years of experience in the


16

development and operation of charter high schools within the State of Florida. The proposer shall provide a detailed statement of qualifications and background of said services. b. Each proposer shall provide a list of key personnel who will be assigned to this project including organization chart(s), key resumes, licenses, academic credentials and other salient information that will provide the City with an understanding of the level of experience offered by the Proposer. c. Each proposer shall submit references demonstrating successful operation of charter schools. Each reference should include name of organization, contact name address, telephone number, email address, date when facility opened d. Each proposer shall provide a detailed business plan regarding their plan to develop, construct, maintain and operate a charter high school, which shall, at a minimum, include the following:

1. Number of student stations; 2. Estimated time frame for construction of facilities as well as relocation

of existing City recreational facilities, as necessary; 3. Description of how the proposer will target students residing within a

reasonable distance of the charter school(s), and whether a preference for City of Tamarac residents can be accomplished pursuant to state law;

4. If the Proposer has a charter to operate a charter high school approved by the School Board of Broward County then a copy of the charter should be provided as part of the response;

5. If the Proposer intends to also operate a charter middle school, the Proposer should provide a copy of the charter to operate the charter middle school as approved by Broward County as part of the response;

6. Conceptual site plan showing the proposed locations of facilities on the Leased Premises, including buildings, parking areas, recreational amenities, and associated structures;

7. Proposed joint use of facilities by Proposer and City; 8. Proposed relocation of existing Skate Park to City’s Caporella Aquatic

Center, if required; 9. Proposed relocation of existing tennis courts to Sabal Palm North

Park, if required; 10. Proposed relocation of existing basketball courts to another location

on the Leased Premises, if required; 11. Proposed length of lease and amount of annual rent for the initial term

of the lease and any renewal periods; 12. Confirm the Proposer’s ability to meet the Insurance Requirements as

provided in the “Insurance Requirements” attached to this proposed

RFP as Exhibit “D”; and, 13. Confirm and acknowledge the Proposer’s obligation to meet the


17

requirements of Section 1002.33, Florida Statutes, entitled “Charter Schools”, and School Board of Broward County Policy 1163 related to Charter Schools.

If the proposer also intends to operate a charter middle school on the leased premises, the business plan should also include details of how the middle school will be developed and maintained, as well as the relationship between the middle school and the high school. e. Each proposer shall provide written evidence before opening the facility (copies of current licenses/degrees/certifications/insurance) that shows that the Proposer is qualified to operate a charter high school within the State of Florida. If the proposer also intends to operate a charter middle school on the property, the written evidence should include the qualifications to operate a charter middle school within the State of Florida. f. Each proposer shall provide documentary evidence that it either possesses a charter to operate a charter high school on the property, or demonstrate the proposer's ability to obtain a charter that provides for the operation of a charter high school on the property to commence operations no later than August 1, 2015. In addition, if the proposer also intends to operate a charter middle school on the property, the proposer shall provide documentary evidence that it either possesses a charter to operate a charter middle school on the property, or demonstrate the proposer's ability to obtain a charter that provides for the operation of a charter middle school on the property to commence operations no later than August 1, 2015. g. Each proposer shall provide legal history of the organization including, but not limited to any history of claims, litigation, arbitration, lawsuits, current litigation or suspension of charter(s) within the past ten (10) years. h. Each proposer shall provide clear evidence of financial stability and resources necessary to successfully develop, construct, maintain and operate a charter school. Please note that prior to entering into any agreement; the City may require a comprehensive review of the firm's financial statements and additional financial information on individual investors.

F. PERFORMANCE SCHEDULE

Provider shall provide a proposed schedule for the various milestones and tasks included herein, including design, construction, substantial completion, final completion and opening of a proposed facility.

G. ALTERNATIVE PROPOSAL (OPTIONAL)

Proposers may submit an alternative proposal which includes the development of an alternative site within the City of Tamarac corporate limits on property owned by the City of Tamarac; however, the successful Proposer will be responsible to bear all costs of land acquisition, taxes and property maintenance.


18

H. ZONING CODE TEXT AMENDMENT AND SPECIAL EXCEPTION

By submitting a proposal, the Proposer acknowledges that in order to permit

the operation of a charter school at the proposed location, the City must

process a text amendment to its Land Development Regulations in order to

provide for a charter school to be permitted as a special exception in the S-1

zoning district. Once the text amendment is approved, the successful

proposer will be required to process an application for a special exception

approval in conjunction with any site plan submitted to the City for

consideration. The successful proposer will be responsible for the payment

of all development application fees needed to be paid to any governmental

agency.

VI. PROPOSAL SELECTION

The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value to the City, and to accept or reject any proposal submitted in response to this solicitation. The City’s Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents.

Price shall not be the sole determining factor for selection, as indicated in the following section:

VII. EVALUATION OF PROPOSALS

A. EVALUATION METHOD AND CRITERIA

An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating the Lease. The Proposers with the highest-ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee.

All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City.

After presentations, firms will be assigned a final score, with the highest-ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac.

The City reserves the right to enter into Lease negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful Lease, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations.


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The City’s evaluation criteria may include, but shall not be limited to, the following:

Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals.

1. Quality of Response

i. Clearly demonstrated understanding of the work to be performed. ii.Completeness and reasonableness of the Proposer's plan/proposal

for accomplishing the tasks. iii.Level of creativity demonstrated by the Proposer's proposed

methodologies for meeting the requirements of this proposal.

2. Qualifications of the Proposer & Services to be Provided. Proposer’s capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, and reliability which will assure good faith performance, as well as satisfactory reference verification. This criteria includes:

i. The experience of the firm and its record for developing, constructing

and operating other charter schools including a demonstrated ability to serve in a similar capacity for other units of government or organizations;

ii. Personnel to be assigned to the project, and their education,

capabilities, qualifications and experience with similar projects;

iii. Academic credentials of potential teaching and administrative staff;

iv. Reference information gathered from other entities regarding the past experience of the firm;

v. The exact type and nature of the Proposer's proposed services and

how they accomplish the objectives of the project;

vi. The Proposer’s ability to perform the work requested in this solicitation; and

vii. Other areas addressed in the Statement of Work herein.

3. Financial Capacity: Proposer’s capability to provide sufficient resources to complete and maintain this project. This criteria includes:

i. Verifiable sufficiency of financial condition and resources and ability of


20

business to perform the contract. ii. The ability and resources to provide capital funding to construct,

maintain and provide future capital improvements to the facility.

4. Schedule. This refers to the proposer's proposed timeline for each milestone related to the development, construction, operation and maintenance of the Charter School(s).

5. Lease Term and Annual Rent. This refers to the proposer’s proposed lease term for the initial lease and any renewal terms as well as the proposed annual rent amount that would be paid to the City.

B. ACCEPTABLITY OF PROPOSALS The Proposal shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows:

1. Acceptable; 2. Potentially Acceptable; that is reasonably susceptible of being made

acceptable; or

3. Unacceptable.

C. AWARD OF AGREEMENT Award shall be made by the City to the responsible proposer whose proposal is

determined to be the most advantageous to the City, taking into consideration the proposed lease term and annual rent to be paid during the term of the lease and any renewal terms, in addition to the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best interest of the City.

D. WEIGHTED CRITERIA

Points will be assigned to each proposal based on the following weighted criteria:

CRITERIA MAXIMUM POINTS

1. Compliance with Request for Proposal (Mandatory) N/A

2. Quality of Response 10 points

3. Qualifications of the Proposer/Expertise/Services to be Provided

35 points

4. Financial Capacity 30 points

5. Schedule

6. Annual Rent and Lease Term

5 points

20 points

These weighted criteria are provided to assist Proposers in the allocation of their


21

time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short-listing and final ranking of proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a “short-list” may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award.

E. DISCUSSIONS & PRESENTATIONS

The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City’s request.

All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process.

F. RIGHT TO REJECT PROPOSALS

To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind.

City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation.

VIII. PROPOSAL COPIES

Return One (1) Original and seven (7) copies in an envelope marked with your firm’s name and “RFP 14-11R, Lease of City Property for the Purpose of the Development, Construction, Maintenance and Operation of a Charter High School” to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88

th Avenue, Tamarac, Florida 33321, attention: Keith K. Glatz,

CPPO, FCPM, FCPA, Purchasing and Contracts Manager. Any addenda shall become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the


22

Proposal.

No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer.

CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE

PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE

REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR

ELIMINATION FROM THE SELECTION PROCESS.

Remainder of Page Intentionally Blank


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ORGANIZATION NAME: (Please Print): Phone: Fax:

BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU...

1. Carefully read the General Terms & Conditions, Special Conditions and the

General Requirements.

2. Provide a Business Plan and Conceptual Site Plan.

3 Include your Schedule which includes a breakdown of estimated time frames

associated with the development of the charter school and the opening of the charter school in August, 2015

5. Fill out and sign the Non-Collusive Affidavit and have it properly notarized.

6. Sign the Certification page. Failure to do so will result in your Bid being

deemed non-responsive.

7. Fill out the Proposer’s Qualification Statement and Reference Form.

8 Sign the Vendor Drug Free Workplace Form.

9 Fill out the List and Organization Chart of Key Personnel.

10 Fill out and sign the Certified Resolution.

11 Include all necessary Financial Statements requested.

12 Include proof of insurance and acknowledgement of insurance requirements.

13 Provide any additional documentation requested within the Proposal Document.

14 Submit ONE (1) Original AND the number of copies requested in the Proposal

Instructions. Clearly mark the sealed container with the PROPOSAL

NUMBER AND PROPOSAL NAME on the outside of the package.

Make sure your Proposal is submitted PRIOR to the deadline.

Late Proposals will not be accepted.

Failure to provide the requested attachments may result in your proposal being deemed non-responsive.

THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL.


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REFERENCES

Please list government agencies and/or private firms with whom you have done business during the last five years:

Your Company Name

Address

City State Zip

Phone/Fax

E-mail

Agency/Firm Name:

Address

City State Zip

Phone/Fax

Contact Name

Agency/Firm Name:

Address

City State Zip

Phone/Fax

Contact Name

Agency/Firm Name:

Address

City State Zip

Phone/Fax

Contact Name

Agency/Firm Name:

Address

City State Zip

Phone/Fax

Contact Name

Agency/Firm Name:

Address

City State Zip

Phone/Fax

Contact Name


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CERTIFICATION

THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL

We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals.

Indicate which type of organization below: INDIVIDUAL PARTNERSHIP CORPORATION OTHER

If “Other”, Explain:

Authorized Signature Company Name

Typed/Printed Name Address

Telephone City, State, ZIP

Fax Federal Tax ID Number

Email address for above signer (if any)


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CERTIFIED RESOLUTION I, _________________________________ (Name), the duly elected Secretary of _____________________(Corporate Title), a corporation organized and existing under the laws of the State of ___________________________, do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT ____________________________________ (Name)”, the duly elected _____________________________________________ (Title of Officer) of ________________________________(Corporate Title) be and is hereby authorized to execute and

submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other

instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution.

NAME TITLE SIGNATURE

Given under my hand and the Seal of the said corporation this day of , 20 . (SEAL) By:____________________________ Secretary ____________________________

Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf.


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PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter:

SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88

th Avenue

Tamarac, Florida 33321 Check One

Submitted By: Corporation

Name: Partnership

Address: Individual

City, State, Zip Other

Telephone No.

Fax No.

State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business.

The correct name of the Proposer is:

The address of the principal place of business is:

1. If Proposer is a corporation, answer the following:

a) Date of Incorporation:

b) State of Incorporation:

c) President's name:

d) Vice President's name:

e) Secretary's name:

f) Treasurer's name:

g) Name and address of Resident Agent:


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2. If Proposer is an individual or a partnership, answer the following:

h) Date of organization: ________________

i) Name, address and ownership units of all partners:

j) State whether general or limited partnership:

3. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals:

4. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute.

5. How many years has your organization been in business under its present business name?

a) Under what other former names has your organization operated?

6. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration.

7. Have you personally inspected the site of the proposed work?

YES NO

8. Do you have a complete set of documents, including drawings and addenda?

YES NO

9. Have you ever failed to complete any contract awarded to you, or have you ever had a charter revoked by the State of Florida or any other state? If so, state when, where and why:


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10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary).

11. State the name of the individual who will have personal supervision of the work:

12. State the name and address of attorney, if any, for the business of the Proposer:

13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual:

14. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer:

15. State the name of Surety Company which will be providing the bond, and name and address of agent:

16. Bank References:

Bank Address Telephone


30

17. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items:

a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses):

b) Net Fixed Assets

c) Other Assets

d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes).

e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings).

18. State the name of the firm preparing the financial statement and date thereof:

19. Is this financial statement for the identical organization named on page one?

YES NO

20. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary).


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The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature

ACKNOWLEDGEMENT

PROPOSER’S QUALIFICATION STATEMENT State of

County of

On this the day of , 20 , before me,

the undersigned Notary Public of the State of Florida, personally appeared

and (Name(s) of individual(s) who appeared before notary)

whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. ________________________________ NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC

SEAL OF OFFICE: _______________________________ (Name of Notary Public: Print, Stamp, or Type as Commissioned)

Personally known to me, or Produced identification:

______________________________ (Type of Identification Produced)

DID take an oath, or DID NOT take an oath


32

NON-COLLUSIVE AFFIDAVIT State of _________________) )ss. County of_________________) ________________________________________________ being first duly sworn, deposes and says that:

1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of , the Proposer that has submitted the attached Proposal;

2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

3. Such Proposal is genuine and is not a collusive or sham Proposal;

4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work;

5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant.

Signed, sealed and delivered in the presence of: By

Witness

Witness Printed Name

Title


33

ACKNOWLEDGMENT

NON-COLLUSIVE AFFIDAVIT

State of Florida County of _____________

On this the ____ day of __________, 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared

___________________________________________________ and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. ________________________________ NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC

SEAL OF OFFICE: _______________________________ (Name of Notary Public: Print, Stamp, or Type as Commissioned)

Personally known to me, or Produced identification:

______________________________ (Type of Identification Produced)

DID take an oath, or DID NOT take an oath


34

VENDOR DRUG-FREE WORKPLACE

Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows:

IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

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

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

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction.

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

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements.

Authorized Signature Company Name


35

EXHIBIT “A”

AERIAL SITE MAP

NOB H

ILL RD

GREENWOOD BLVD

NW 77TH ST

SOUT

HAMP

TON

TER

NW 77TH ST

.160 0 16080 Feet

7.445 Acres

Tamarac Sports Complex9901 NW 77 StreetTamarac Fl, 33321


36

EXHIBIT “B”

SITE BOUNDARY SKETCH & LEGAL DESCRIPTION


37

EXHIBIT “C”

SAMPLE FORM LEASE AGREEMENT

GROUND LEASE AGREEMENT BETWEEN CITY OF TAMARAC, A Florida Municipal Corporation AND ___________________________________________

Page 1

GROUND LEASE THIS IS A GROUND LEASE, (hereinafter referred to as "Lease") made and entered into this day of , 2014, by and between: CITY OF TAMARAC, a Municipal Corporation 7525 NW 88th Avenue Tamarac, FL 33321 (hereinafter referred to as "CITY") and ________________________ ________________________ _______________________ (hereinafter referred to as "LESSEE") for THE DESIGN, DEVELOPMENT, CONSTRUCTION AND OPERATION OF

A CHARTER HIGH SCHOOL, AND ANCILLARY USES AT THE PROPERTY ON ________________________________________ (the "Property")

WHEREAS, CITY owns the Property; and WHEREAS, CITY desires to facilitate the use of the Property, as soon as possible, as a Charter High School during the term of this Lease and any extensions thereof, and ancillary public uses; and WHEREAS, LESSEE intends to locate a Charter High School on the Property; and WHEREAS, CITY has determined that conveying a Ground Lease to the LESSEE for the design, development, construction and operation of a public charter high school facility and ancillary public uses is in the best interests of the citizens and residents of the City of Tamarac, Florida;

W I T N E S S E T H:

Page 2

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1.0 LEASED LAND 1.1 The above Recitals are true and correct and are incorporated herein by reference. 1.2 CITY does hereby lease to LESSEE, and LESSEE does hereby rent from CITY, the property more fully described and depicted in Exhibit "A" which is attached hereto and made a part hereof by reference (the "Leased Premises"). 1.3 CITY does hereby represent to LESSEE that CITY is the owner of the Leased Premises in fee simple absolute, subject only to the reservations, restrictions, and easements of record, and all valid zoning ordinances which do not and will not on the Commencement Date affect the use of the Leased Premises as a charter high school. CITY further agrees that LESSEE, upon proper performance of the terms and conditions hereof, shall have, quietly hold and enjoy the Leased Premises without hindrance or interference of CITY or any person claiming under CITY. 1.4 Use of Leased Premises. The LESSEE shall use the Leased Premises for _______________________________________________________. No other use of the Leased Premises shall be permitted unless the City, through its City Commission, approves in advance such use. In the event LESSEE uses the Leased Premises other than as set forth in this paragraph without CITY's advance approval, the CITY shall have the right to terminate this Lease unless LESSEE ceases such use within thirty (30) days of receipt of notice from CITY. Moreover, LESSEE will not make or suffer any unlawful, improper or offensive use of the Leased Premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County

Page 3

in which the Leased Premises are located, now or hereinafter made, as may be applicable to the LESSEE. In the event a City Ordinance interferes with the uses set forth herein or uses subsequently approved by the CITY, Lessee shall have the right to terminate this Lease Agreement, in which case LESSEE shall be relieved of any and all liabilities and obligations under this Agreement. 1.5 Other Common Areas. The use and occupancy by the LESSEE of the Leased Premises shall also include other automobile parking areas, driveways, pathways, entranceways, means of ingress and egress, loading and unloading facilities, and other facilities as may be designated in writing from time to time by the CITY, subject, however, to the terms and conditions of such designation. 1.6 LESSEE Improvements. The LESSEE shall have the right, at its expense, to renovate and construct Improvements and Alterations to the Leased Premises, including but not limited to all buildings, parking areas, and appurtenant facilities necessary to operate a charter high school, subject to CITY’s advance review and written approval of the plans, which approval shall not be unreasonably withheld. CITY will assist LESSEE in obtaining any and all licenses, permits, approvals and authorizations required to complete the LESSEE Improvements; provided that such assistance shall not include the payment of any costs or fees associated with the LESSEE Improvements. CITY represents that it is unaware of any federal, state or local laws, rules, regulations, ordinances or codes (i.e. land use and zoning restrictions) or deed restrictions that would prevent LESSEE’s use of the Leased Premise in accordance with the permitted uses as set forth herein, or the construction of improvements to effectuate such uses. LESSEE will obtain and maintain any and all licenses, permits, approvals and authorizations as may be required to operate

Page 4

a charter school at the location of the Leased Premises. All improvements to the Leased Premises shall be at no cost to the CITY. 1.7 Joint Use of Leased Premises and CITY’s Off-Premises Recreational Facilities. CITY needs use of certain parts of the Leased Premises, including without limitation, (LIST PORTIONS OF PROPERTY TO BE USED BY CITY), from time to time during the term of the Lease. CITY also owns athletic fields (“CITY’s Recreational Facilities”) located on CITY's property near the Leased Premises, which LESSEE desires use of from time to time. The parties shall execute a Joint Use Agreement, which is attached hereto as Exhibit “B”, and incorporated herein by reference, for the periodic use by the LESSEE of the CITY’s Recreational Facilities, and the use by the CITY of certain portions of the Leased Premises, including the _______________, on mutually agreeable terms and conditions, which shall remain in effect during the term of this Lease, and shall automatically expire upon termination or non-renewal of the Lease. Upon execution hereto, the parties acknowledge and accept the terms of the Joint Use Agreement attached hereto, and authorize execution of the attached Joint Use Agreement by appropriate representatives of each party. 2.0 LEASE TERM 2.1 This Lease shall commence (the "Commencement Date") on _______________, 2014, and shall be for _____________ (##) years from the Commencement Date, in addition to ___ (##) _____________ (##) year extensions, unless sooner terminated by a breach of the terms of this Ground Lease by CITY pursuant to the termination provisions contained herein, or by abandonment of the premises by the LESSEE. The LESSEE is given the option to extend the term on all provisions contained in this Ground Lease

Page 5

("Extended Terms") each to follow in succession and to be separate and apart from one another, following expiration of the initial term by giving notice to exercise the option ("Option Notice") to CITY at least nine (9) months, but not more than one (1) year, before the expiration of the initial term. 2.2 If LESSEE is in default and said default has not been cured within the time frame set forth herein, then the option notice shall be totally ineffective, or if LESSEE is in default on the date the extended term is to commence and said default has not been cured within the time frame set forth herein, then the extended term shall not commence, and this Ground Lease shall expire at the end of the initial term, or sooner, as provided for herein. 3.0 RENT/SECURITY DEPOSIT 3.1 LESSEE shall pay to CITY yearly rental of _______________________ and 00/100 Dollars ($_____.00) per year ("Annual Rent"). The Annual Rent is payable in twelve equal installments each year, due and payable on or before the 10th day of each month preceding the month in which rent is due. The first payment shall be due upon the execution of the Lease, and subsequent payments shall be due no later than the 10th day of each subsequent month for the term of the Lease, including any renewal terms. 3.2 In the event of a renewal, the annual rent for year ## shall be equal to the Year ## rent amount, adjusted effective each ____________ 1, 20__, by the Consumer Price Index for All Urban Consumers (CPI-U) for Miami-Fort Lauderdale, and during subsequent years, including subsequent renewal terms, the annual rent shall be adjusted effective each __________ 1st by the Consumer Price Index for All Urban Consumers (CPI-U) for Miami-Fort Lauderdale.

Page 6

3.3 Should LESSEE fail to pay the monthly payment of rental on the due date, such failure shall constitute a default by LESSEE and CITY may send notice to LESSEE of such default, in which case LESSEE will have thirty (30) calendar days from receipt of such notice to cure the default. In the event LESSEE fails to cure the default within such thirty (30) calendar days, CITY, at its option, may immediately terminate this Lease. Any extension of time for payment of rental beyond the thirty (30) day grace period must be authorized by CITY. The prevailing party in any case regarding the collection of rent shall be entitled to court costs and attorneys' fees. Except as set forth herein, CITY shall have the right to exercise any rights it may have under the law. 3.4 All rent shall be paid to the CITY at CITY’s Address. 3.5 On or before the Commencement Date, the LESSEE shall pay CITY ____________________ ($______________), to be held by CITY as a Security Deposit. This amount represents first month rent, plus one and one-half month's rent ($_________) at the initial rate as Security Deposit. The parties’ rights to claims, disputes and return of the Security Deposit shall be governed by Florida law in effect as of the Commencement Date, and the terms of this Lease. The Security Deposit shall not be used by LESSEE for the payment of any rent, including without limitation the last month’s rent. 4.0 CONDITIONS PRECEDENT 4.1 This Ground Lease Agreement is conditioned upon LESSEE's designing, building, constructing, maintaining and continuously operating a __####_ student station charter station high school, core facilities for ##### permanent student stations and gymnasium (hereafter "Public School") and secondary uses as may be appropriate and not

Page 7

inconsistent with the construction of the Public School, during the term of this Lease and any extensions thereof, consistent with the terms of this Lease. 4.2 One hundred and Twenty (120) days prior to commencing construction, the LESSEE shall provide to the CITY final, sealed, and completed building and construction plans in addition to a construction contract for the commencement of construction for the Public School and written confirmation that the LESSEE has budgeted, appropriated and allocated such revenues and funds required to construct the Public School contemplated by this Ground Lease. 5.0 USE OF THE PROPERTY 5.1 During the term of this Ground Lease, or any extensions thereof, ____________ parking spaces located within the Leased Premises, ("Parking in the Leased Premises") as depicted on Exhibit "C", which is attached hereto, shall be available as and for overflow parking for the CITY in conjunction with its use and operation of the adjacent Tamarac Sports Complex, and any other CITY activity, operation, or event wherein such overflow parking is deemed to be necessary, during non-school hours. The CITY will be responsible for making sure that the Parking in the Leased Premises utilized by the CITY shall be vacant each evening at the conclusion of the CITY’s use of the parking areas. If not properly posted to permit enforcement, such as towing of vehicles not so removed, the LESSEE permits the City to post appropriate signage to enforce this provision. 5.2 The Leased Premises shall be used by the LESSEE as a Public School facility which, for the purposes of this Lease Agreement shall include a #### permanent student station charter high school which shall be maintained by the LESSEE throughout the term of this Lease, and any and all extensions thereof and ancillary public uses. In the event

Page 8

the LESSEE discontinues the use of said premises for Public School purposes, then this Ground Lease, insofar as it applies to such premises, shall terminate forthwith and possession of said premises shall immediately revert to the CITY with all improvements, if any, inuring to the benefit and ownership of the CITY. 5.3 In the event LESSEE intends to place any temporary structures or facilities on the Leased Premises during the term of this lease, the LESSEE shall install them pursuant to the approved site plan for the Leased Premises. The LESSEE shall provide sixty (60) days notice prior to installation of any such temporary structures or facilities. 5.4 LESSEE shall have the right to erect signage at its sole expense on the Leased Premises to appropriately identify the LESSEE's Charter School subject to the CITY’s land development regulations. 5.5 LESSEE shall not generate, store, produce, place, treat, release, or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the Lessee Premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this Lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters

Page 9

376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event LESSEE’s actions directly result in the Leased Premises and affected off-site waters and lands to not be in full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders and decrees, LESSEE shall, restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order, or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, the party making such discovery shall report such violation to all applicable governmental agencies having jurisdiction, and to the other party, all within the reporting periods of the applicable agencies. LESSEE’s and CITY’s obligations set forth in this paragraph shall survive the termination or expiration of this Lease. 6.0 LESSEE TO PAY ALL CHARGES 6.1 To the extent required by law, the LESSEE agrees to pay all applicable real property taxes, special taxes, or assessments, and all taxes on the land, improvements and personal property situated on said land which is the subject of this Ground Lease, and which is being utilized for a Public School. LESSEE shall further pay all charges for water, electricity, telephone service, heat, sewage disposal, refuse removal, and any and all other charges against the Leased Premises without any limitation. 6.2 LESSEE shall not permit or allow any lien or encumbrance to attach to the Property at any time during the term hereof, or any extensions otherwise permitted or authorized without the written consent of CITY. In the event LESSEE does not pay or discharge any

Page 10

due taxes, assessments, charges, liens or encumbrances as provided above within ten (10) days of receipt of written demand of CITY therefore, CITY may pay same directly and charge any such payment to LESSEE as Additional Rent hereunder or declare a default hereunder. LESSEE may contest the amount of any of the charges described above provided LESSEE commences legal proceedings to contest same, notifies CITY in writing thereof, and provides a bond or other reasonable security to preserve and to protect the interests of the CITY and the Property within the ten (10) day period described above. LESSEE shall pay forthwith any and all of the expenses of such contest, including those which may necessarily be incurred by CITY, and its City Attorney. 7.0 CONSENT REQUIRED TO TRANSFER 7.1 LESSEE may not convey LESSEE's leasehold interest, any interest in the improvements or personal property on the Leased Premises, or any rights or interests therein, without the prior written consent of CITY, through its City Commission. Any transfer shall be subject to continuing the same use on the Leased Premises. If LESSEE conveys any interest in the leasehold or any interests pertaining to the leasehold, improvements or personal property on the Leased Premises, or any rights or interests thereon without CITY's written consent, this Lease shall terminate as of the date of such conveyance. 8.0 CITY'S OBLIGATION FOR PROPERTY 8.1 CITY shall have no obligation to maintain the Leased Premises or to make any improvements of any kind, sort or description thereto. 9.0 SUBORDINATION

Page 11

9.1 This Lease shall not be subject to or subordinate at any time to any mortgage or other encumbrance now or hereafter placed on the Leased Premises or any part of the Leased Premises. LESSEE shall not permit any mechanics', laborers', statutory or other liens to be created or to remain outstanding upon any of the Property and shall cause same to be released and discharged, or transmitted to bond as permitted by law on demand. 10.0 CONDEMNATION 10.1 If the whole of the Property shall be condemned or taken either permanently or temporarily for any other public or quasi-public use or purpose under statute or by right of eminent domain or by private purchase in lieu thereof then, in that event, the term of this Lease shall cease and terminate from the date when possession is taken thereunder pursuant to such proceeding or purchase. The Rent shall be adjusted as of the time of such termination and any rent paid for a period thereafter shall be refunded. CITY may elect to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding. 10.2 In the event of any total or partial taking of the Property, CITY shall be entitled to receive that portion of the award attributable to the Land in any such proceeding and LESSEE hereby assigns any and all right, title and interest of LESSEE now or hereafter arising in or to any such award or any part thereof and hereby waives all rights against CITY and the condemning authority, except that LESSEE shall have the right to that portion of the award attributable to the value of the improvements on the land, the cost of which is paid by the LESSEE and the value of movable trade fixtures, equipment and moving expenses.

Page 12

11.0 ESTOPPEL CERTIFICATE 11.1 LESSEE shall, at no cost or expense to the CITY, at any time and from time to time, and within ten (10) days after written request by CITY, execute, acknowledge and deliver to CITY a statement in writing duly executed by LESSEE (i) certifying that this Lease is in full force and effect without modification or amendment or if there have been any modifications or amendments, that this Lease is in full force and effect as modified and amended and setting forth the modifications and amendments; and (ii) either certifying that to the knowledge of the LESSEE no defaults exist under this Lease or specifying each such default: it being the intention and agreement of CITY and LESSEE that any such statement by LESSEE may be relied upon by the CITY, bondholders, or by others, in any matter affecting the Property. 12.0 DEFAULT 12.1 The occurrence of any of the following shall constitute a material default and breach of this Lease by LESSEE:

12.1.1 The failure of the LESSEE to commence construction of the buildings for the High School on the Leased Premises on or before ________________. The term "commence construction" shall mean the initiation and continuance by LESSEE of site preparation work for the construction of the charter high school which shall include excavation, fencing of the site, installation of the construction trailer, clearing and relocation of utilities on the Project, and vertical construction;

12.1.2 The vacating or abandonment of the Property by LESSEE for a period in excess of thirty (30) calendar days (excluding summer vacation periods when all students are not on the premises);

Page 13

12.1.3 A failure by LESSEE to observe and perform any other non-monetary provision or covenant of this Lease to be observed or performed by LESSEE, where such failure continues for fifteen (15) calendar days after receipt of written notice thereof from CITY to LESSEE provided, however that if the nature of the default is such that the same cannot, in CITY's opinion, reasonably be cured through the exercise of due diligence within such fifteen (15) day period, CITY may grant LESSEE such additional time as CITY deems necessary to permit the LESSEE to cure using due diligence;

12.1.4 The revocation of the charter granted by the School Board of Broward County to operate a charter high school on the Leased Premises. 13.0 REMEDIES 13.1 CITY may remedy any default of LESSEE and immediately recover as Rent any expenditures made and the amount of any expenses (including reasonable legal fees and costs) or obligations incurred in connection therewith, plus interest at the highest rate of interest permitted by law. 13.2 CITY may, at any time after the occurrence of any event of default, and upon thirty (30) days prior notice to the LESSEE, and provided the LESSEE has failed to cure such default, re-enter and repossess the Property and any part thereof, including all improvements thereon, and attempt in its own name, as agent for LESSEE if this Lease not be terminated or in its own behalf if this Lease be terminated to relet or re-use the Leased Premises or all or any part of such Leased Premises upon such terms and to such persons, firms, or corporations and for such period or periods as CITY, in its sole discretion, shall determine, including the term beyond the termination of this Lease; and CITY shall not be required to accept any tenant offered by LESSEE or observe an

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instruction given by LESSEE about such reletting or do any act or exercise any care or diligence with respect to such reletting, or to the mitigation of damages. 13.3 CITY shall have the right of injunction in the event of a breach or threatened breach of any of the agreements, conditions, covenants, or terms hereof, to restrain the same and the right to invoke any remedy allowed by law or in equity, including specific performance, whether or not other remedies, indemnity or reimbursements are herein provided. The rights and remedies given to CITY in this Lease are distinct, separate and cumulative remedies; and no one of them, whether or not exercised by CITY, shall be deemed to be in exclusion of any of the others. 13.4 In the event that CITY incurs any attorneys' fees or legal costs as a result of any breach, or threatened breach, by LESSEE, whether suit is instituted or not, LESSEE shall reimburse CITY for such reasonable attorneys' fees and costs incurred, including paralegal costs incurred by the CITY at both the trial and appellate levels. Such amounts shall be payable within ten (10) days of notification thereof, and shall be added to the annual rental. 13.5 In the event of any litigation arising out of this Lease or any of the Terms thereof, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs, and paralegal expenses at both the trial and appellate levels. 14.0 REQUIREMENT OF STRICT PERFORMANCE 14.1 The failure or delay on the part of either party to enforce or exercise at any time any of the provisions, rights or remedies in the Lease shall in no way be construed to be a waiver thereof, nor in any way to affect the validity of this Lease or any part hereof, or the right of the party hereafter to enforce each and every such provision, right or remedy. No

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waiver of any breach of this Lease shall be held to be a waiver of any other or subsequent breach. The receipt by CITY of rent at a time when the same is in default under this Lease shall not be construed to be other than a payment on account of the rent then due, nor shall any statement on LESSEE's check or any letter accompanying LESSEE's check be deemed an accord and satisfaction. CITY may accept such payment without prejudice to CITY's right to recover the balance of the Rent due or to pursue any other remedies provided for in this Lease. No act or thing done by CITY or CITY's agents or employees during the term of this Lease shall be deemed an acceptance of a surrender of the Property and no agreement to accept such a surrender shall be valid unless in writing and signed by CITY. 15.0 SURRENDER OF PROPERTY: HOLDING OVER 15.1 The Lease shall terminate and LESSEE shall deliver up and surrender possession of the Leased Premises on the last day of the Term hereof or at such earlier date if the CITY shall terminate this Lease and LESSEE waives the right to any notice of termination or notice to quit. LESSEE covenants that upon the expiration or sooner termination of this Lease it shall deliver up and surrender possession of the Leased Premises in the same condition in which LESSEE has agreed to keep same during the continuance of this Lease and in accordance with the terms hereof. All permanent structures, fixtures, and buildings shall remain on the Property, except for personal property which shall be retained by the LESSEE. 16.0 PAYMENT WITHOUT NOTICE OR DEMAND 16.1 Except as otherwise provided in this Lease, the rent shall be paid to CITY without notice or demand and without counterclaim, offset, deduction, abatement, suspension,

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deferment, diminution or reduction, by reason of, and the obligations of LESSEE under this Lease shall not be affected by, any circumstance or occurrence whatsoever, except as set forth herein, or to any abatement, suspension, deferment, diminution or reduction of the Rent on account of any such circumstance or occurrence. 17.0 INDEMNIFICATION AND INSURANCE 17.1 Lessee shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Lessee, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the obligations under the Lease; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Lessee in the performance of the obligations under the Lease; or c). liens, claims or actions made by the Lessee or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this Lease shall be borne by the Lessee. 17.2 Upon expiration of this Lease, or the completion of all obligations and duties provided for in this Lease, or in the event of termination of this Lease for any reason, the terms and conditions of this Article shall survive indefinitely.

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17.3 The Lessee shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 17.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Lessee under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 17.5 The Lessee shall insure that it provides all insurance coverages as required in the Insurance Requirements which is attached hereto as Exhibit “D”, and incorporated herein by reference. The CITY shall provide the LESSEE at least sixty (60) days written notice of any new insurance requirement. The LESSEE shall have sixty (60) days from the date of receipt of the notice to discuss any objection to the changes in the insurance requirements with the CITY's Risk Manager before the new insurance requirements are deemed effective. 17.6 The LESSEE shall maintain such insurance in full force and effect during the term of this Lease, including any renewal terms. The LESSEE shall provide to the City’s Risk Manager current certificates of all insurance required under this section prior to beginning any work under this Lease. No material change or cancellation of any policies shall be made by the LESSEE unless the LESSEE has first provided the City with written notice of the change or cancellation no less than thirty (30) days prior to the effective date of cancellation or change.

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17.7 That the insurance company issuing the insurance policy or policies shall not have the right of subrogation against the CITY. On or before the commencement of this Lease, and thereafter not less than fifteen (15) days prior to the expiration dates of said policy or policies, LESSEE shall provide copies of policies or certificates of insurance evidencing coverages required by this Lease. All the insurance required under this Lease shall be issued by insurance companies authorized to do business in the State of Florida with a financial rating of at least an "A" as rated in the most recent edition of Best's Insurance Reports or a rating agency of equal legal and business strength and reputation, selected by the City, and in business for the past five (5) years. The City reserves the right to reasonably amend the insurance requirements and coverages set forth hereinabove from time to time during the term of this Lease (the "Insurance Period"). 17.8 The LESSEE shall indemnify and save the City harmless from any claim, damage, loss, or suit resulting to the City, its agents, employees, officials, and representatives as a result of LESSEE’s or any of its subcontractors or management company’s failure to obtain or maintain such insurance. 17.9 The LESSEE shall be responsible for the payment of all deductibles and self-insurance retentions. The City may require that the LESSEE purchase a bond to cover the full amount of the deductible or self-insured retention. 17.10 The LESSEE agrees to perform its obligations under this Lease as an independent contractor, and not as a subcontractor, agent, or employee of the CITY. 17.11 Any covered or insured loss shall be payable notwithstanding any act or negligence of the LESSEE, or the City, which might otherwise result in the forfeiture of said insurance.

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17.12 The amounts of insurance coverage required herein shall be adjusted on an annual basis to ensure insurance coverage reasonably required by governmental entities, including, but not limited to the City and the School Board of Broward County, provided that the annual adjustment in insurance coverage shall be no less than the increases in the annual Consumer Price Index. 17.13 LESSEE shall maintain at all times insurance covering all of the items included in LESSEE's improvements, infrastructure, appurtenances, and related, trade fixtures, and personal property, from time to time in or upon the Property, and alterations, additions or changes made by LESSEE in an amount not less than one hundred (100%) percent of their full replacement cost as determined from time to time by the CITY during the Term, providing protection against vandalism and malicious mischief. 18.0 ASSIGNMENT AND SUBLETTING 18.1 Notwithstanding any other provisions contained in this Lease, the following provisions are applicable:

18.1.1 In the event the LESSEE or its successors or assignees shall become insolvent, bankrupt, or make an assignment for the benefit of the creditors, or if it or their interests hereunder shall be levied upon or sold under execution or other legal process, or in the event the Charter School to be operated on the Property is closed, or is taken over, the CITY may terminate this Lease, and all facilities shall become property of the CITY without any obligation to satisfy any debts or payments incurred by LESSEE.

18.1.2 If the LESSEE shall fail to observe and perform any of the other conditions, agreements or provisions of the Lease, it shall be lawful thereupon, after CITY shall have notified the LESSEE, or the respective successor of either, in writing, of such failure on the

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part of the LESSEE, or its successor, shall not have rectified such failure within one hundred twenty (120) days after giving of such notice to it, for CITY to enter and possess said Leased Premises, to take exclusive possession and control over the Leased Premises, and all rights of LESSEE as a LESSEE shall immediately cease and terminate. The failure on the part of the CITY to re-enter or possess the Leased Premises or to exercise any of its rights hereunder upon any default, shall not be deemed a waiver of any of the terms and conditions of this Lease, and shall not preclude CITY from the exercise of any other rights upon any subsequent event of default or default

18.1.3 This Lease may not be assigned by either party without the prior written consent of the other party. No lien, mortgage or any other encumbrance shall be permitted to be placed on the City’s interests in the Leased Premises by virtue of any such assignment. 19.0 COMPLIANCE WITH LAWS AND ORDINANCES 19.1 The LESSEE agrees that it shall, at its sole cost and expense, promptly fulfill and comply with all laws, ordinances, regulations and requirements of the City, County, State and Federal Governments and any and all governmental agencies thereof having jurisdiction over the Leased Premises, and any other agency now or hereafter constituted having the power to affect the LESSEE's occupancy of the Leased Premises or the operation of the Charter School thereon. 20.0 NOTICES 20.1 Wherever in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other party, such notice or demand shall be deemed to have been duly given or served if in writing and either

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personally served or forwarded by Registered or Certified Mail, postage prepaid, or by facsimile transfer with a certified receipt of transmission, and addressed as follows: TO CITY: Michael Cernech, City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321

With a copy to: Samuel S. Goren, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 33308

TO LESSEE: _______________________ _______________________ _______________________

With a copy to: ________________________ ________________________ ________________________

20.2 Each such mailed notice shall be deemed to have been given to or served upon the party to which it is addressed on the date the same is deposited in the United States Registered or Certified Mail, postage prepaid and properly addressed in the manner above provided. Either party hereto may change its address to which said notice shall be delivered or mailed by giving written notice of such change to the other party hereto, as herein provided. 21.0 WARRANTIES OF LESSEE AND AGENT 21.1 LESSEE warrants to CITY that LESSEE dealt and negotiated solely and only with CITY for this Lease and with no other broker, firm, company or person, and the parties each mutually covenant and agree that no commissions or fees are due to any Broker or agent.

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21.2 LESSEE (for good and valuable consideration) shall indemnify and hold CITY harmless from any and all claims, suits, proceedings, damages, obligations, liabilities, counsel fees, costs, losses, expenses, orders and judgments imposed upon, incurred by or asserted against CITY by reason of the falsity or error of their own aforesaid warranty. 22.0 FORCE MAJEURE 22.1 LESSEE shall be excused for the period of any delay in the performance of any obligations hereunder, when prevented from so doing by cause or causes beyond LESSEE's control which shall include, without limitation, all labor disputes, inability to obtain any material or services, civil commotion, or acts of God. 23.0 CITY'S OBLIGATIONS 23.1 From and after the date for which the LESSEE takes possession of the Leased Premises, the CITY's obligations hereunder shall be binding upon CITY only for the period of time that CITY is in ownership of the Leased Premises, and upon termination of that ownership, LESSEE, except as to any obligations which have then matured, shall look solely to CITY's successor in interest in the Leased Premises for the satisfaction of each and every obligation of CITY hereunder. 24.0 CITY'S LIABILITY 24.1 CITY shall have no personal liability under any of the terms, conditions or covenants of this Lease. 25.0 SUCCESSORS 25.1 The respective rights and obligations provided in this Lease shall bind and inure to the benefit of the parties hereto, their legal representatives, heirs, successors and assigns, provided, however, that no rights shall inure to the benefit of any successors of LESSEE

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unless CITY's written consent for the transfer to such successor has first been obtained as provided herein. 26.0 GOVERNING LAW 26.1 This Lease shall be construed, governed and enforced in accordance with the laws of the State of Florida. Venue of any legal action of any kind relative to the terms, provisions and conditions of this Lease shall be in the 17th Judicial Circuit of Broward County, Florida. 27.0 CONFLICTS 27.1 In the event of any conflict between this Lease and the provisions contained in City of Tamarac RFP 14-11R, the terms and conditions of this Lease shall prevail. 28.0 SEVERABILITY 27.1 If any provision of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 28.0 CAPTIONS 28.1 Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for conveniences of reference and shall not constitute a part of this Lease, nor shall they affect its meaning, construction or effect. 29.0 GENDER 29.1 As used in this Lease, the word "person" shall mean and include, where appropriate, an individual, corporation, partnership or other entity; the plural shall be substituted for the singular and the singular for the plural, where appropriate; and the words of any gender shall mean to include any other gender.

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30.0 EXECUTION 30.1 This Lease shall become effective when it has been signed by a duly authorized officer or representative of the CITY, ("Commencement Date"). 31.0 ENTIRE AGREEMENT 31.1 This Lease, including the attached Exhibit contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally in any manner other than by an agreement in writing signed by both parties hereto or their respective successors in interest. 32.0 QUIET ENJOYMENT 32.1 So long as LESSEE is not in violation of any of the provisions or obligations of this Lease, CITY warrants that LESSEE shall have quiet enjoyment and peaceful possession during the term of this Lease without interruption by CITY or any person lawfully claiming under CITY. 33.0 RECORDING The parties hereto shall execute a mutually acceptable Memorandum of this Lease Agreement which shall represent, each to the other, the legal authority of each to execute this Lease Agreement and to bind the respective parties. A true and correct copy of the aforesaid Memorandum may be recorded in the Broward County Public Records, at the request and expense of the requesting party. 34.0 ATTORNEYS' FEES 34.1 In connection with any litigation, including appellate proceedings, arising out of this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including paralegal expenses, from the other party.

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35.0 As required by Florida Statutes Section 404.056(8), CITY notifies LESSEE as follows:

RADON GAS: Radon is a naturally occurring radioactive gas that, once it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Additional information regarding Radon and Radon testing may be obtained from your County Health Unit.

IN WITNESS WHEREOF, the parties hereto have intending to be legally bound hereby, duly executed this Lease on the respective dates under each signature: CITY: The City of Tamarac, through its City Commission, signing by and through its Mayor, authorized to execute same, and the LESSEE: __________________, signing by and through its ____________, duly authorized to execute same. CITY OF TAMARAC Harry Dressler, Mayor Date ATTEST: Michael C. Cernech, City Manager Patricia A. Teufel, CMC Date: City Clerk Approved as to form and legal sufficiency: Date City Attorney

ATTEST: Company Name

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(Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date

CORPORATE ACKNOWLEDGEMENT

STATE OF : :SS COUNTY OF : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20 .

Signature of Notary PublicState of Florida at Large

Print, Type or Stamp Name of Notary Public

Personally known to me or Produced Identification

Type of I.D. Produced

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DID take an oath, or DID NOT take an oath.

H:\_GOV CLIENTS\TAM 2704\9496157\Charter School Ground Lease (2-27-14).doc

COMPOSITE EXHIBIT "A"

[THE PROPERTY]

EXHIBIT "B"

JOINT USE AGREEMENT

EXHIBIT "C"

SHARED PARKING (IF ANY)

EXHIBIT “D”

INSURANCE REQUIREMENTS


38

EXHIBIT “D”



CITY OF TAMARAC CHARTER SCHOOL RFP NO. 14-11R

1

The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of the lease agreement:

Line of Business/ Coverage Occurrence Aggregate Commercial General Liability and or Umbrella/Excess Liability

$1,000,000 $2,000,000

Including: Premises/Operations Contractual Liability Contractors Liability Personal Injury/Advertising Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Employment Practices and Employer Benefits Liability

Directors and Officers/Errors and Omissions $1,000,000 $2,000,000 (where applicable)

Automobile Liability $1,000,000 $3,000,000 Owned and Leased Hired and Non-owned Personal Injury Protection Statutory Storage Tank Liability (where required) $1,000,000 $2,000,000 Pollution Liability $1,000,000 $2,000,000 Flood Insurance Replacement Cost Building Value Contractors’ Equipment Replacement Cost Property Insurance Replacement Cost Building Value

(All Risk Peril Policy including Hurricane/Wind or a comparable Special Risk Policy covering approved list of perils naming the City as a Loss Payee on all Real Property and City owner Property)

Builders’ Risk Coverages (while under construction) Boiler and Machinery Replacement Cost Value Contents Replacement Cost Value Business Income/Extra Expense $1,000,000 $2,000,000 Workers’ Compensation Statutory Employers Liability Bodily Injury by Accident $1,000,000 Bodily Injury by Disease $1,000,000 Bodily Injury by Disease Policy Limit $1,000,000

The City reserves the right to require higher limits depending upon the scope of work under this Agreement.

Neither the Proposer nor subcontractor or any management company shall commence work under


CITY OF TAMARAC CHARTER SCHOOL RFP NO. 14-11R

2

the lease until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Proposer will ensure that all subcontractors and management company will comply with the above guidelines and will maintain the necessary coverages throughout the term of this agreement. In addition, the Proposer and any subcontractors or any management companies shall insure that all insurance coverages required by the School Board of Broward County and all applicable Florida Law is provided.

All insurance carriers shall be rated at least A-VII per Best’s Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence” form. Each carrier will give the City sixty (60) days’ notice prior to cancellation.

The Proposer’s and any subcontractors or management company’s liability insurance policies (General Liability, Automobile Liability, and Pollution Liability) in addition to any other policies as determined by the City’s Risk Manager shall be endorsed to add the City of Tamarac as an “additional insured”. The Proposer’s (and any subcontractors’ and management company’s) Workers’ Compensation carrier will provide a Waiver of Subrogation to the City. “Claims-Made” forms are acceptable for D&O/Errors and Omissions coverage.

The Proposer and any subcontractors or management company shall be responsible for the payment of all deductibles and self-insured retentions. The City may require the Proposer to purchase a bond to cover the full amount of the deductible or self-insured retention.

If the Proposer or any subcontractor or management company is to provide professional services under this Agreement, they must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. “Claims-Made” forms are acceptable for Professional Liability.

The Proposer and any subcontractors and management company agrees to perform the work under the agreement as an independent contractor, and not as a subcontractor, agent or employee of CITY.