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25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850 Request For Proposals For the activation of Octavia Street Parcels Parcel S Along Octavia Street between Lily and Page Streets Parcel R Along Octavia Street between Oak and Lily Streets City and County of San Francisco Edwin M. Lee Mayor Through the Division of Real Estate John Updike Director of Property

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25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Request For Proposals

For the activation of Octavia Street Parcels

Parcel S Along Octavia Street between Lily and

Page Streets

Parcel R Along Octavia Street between Oak and

Lily Streets

City and County of San Francisco

Edwin M. Lee Mayor

Through the Division of Real Estate

John Updike

Director of Property

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Notice

In order to receive additional information

regarding this RFP please e-mail

[email protected]. Please include all contact

information: name, e-mail address, organization

and phone number

ALL PROPOSALS MUST BE RECEIVED NO LATER THAN

5:00 P.M. August 15 2017.

Late proposals will not be accepted

Issue Date: July 26 2017

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Summary of Offering and Schedule Opportunity This opportunity is the permitted right to activate

a parcel along Octavia Street as described below. If proposers submit for activation of more than

one parcel, they should clearly state their preference

Locations Parcel R Octavia Street between Oak and Lily Streets

Parcel S Octavia Street between Lily and Page Street

Financial Requirements Security Deposit $1,000

Term No less than 1 year and no greater than 3 years, with termination rights reserved by the City

Form of Agreement Revocable Permit

Criteria The objectives of the parcel activations is as follows:

1). Business Plan 2). Activation 3). Community 4). Experience 5). Conclusion of activation

Insurance

1. INSURANCE

(a) Permittee shall procure and keep in effect at all times during the term of this Permit, at Permittee's expense, insurance as follows:

(i) General Liability Insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Independent Permittees, Explosion, Collapse and Underground (XCU), Broad Form

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Insurance

Property Damage, Products Liability and Completed Operations;

(ii) Automobile Liability Insurance with limits not less than One Million Dollars ($1,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired automobiles, as applicable; and

(iii) Workers' Compensation Insurance with Employer's Liability Coverage with limits of not less than One Million Dollars ($1,000,000) each accident.

(b) All liability policies required hereunder shall provide for the following: (i) name as additional insureds the City and County of San Francisco, its officers, agents and employees; and (ii) specify that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this Permit and that insurance applies separately to each insured against whom claim is made or suit is brought. Such policies shall also provide for severability of interests and that an act or omission of one of the named insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period.

(c) All insurance policies required to be maintained by Permittee hereunder shall be endorsed to provide for thirty (30) days' prior written notice of cancellation for any reason, non-renewal or reduction in coverage to both Permittee and City. Notice to City shall be mailed to the address (es) for City set forth in Section 35 below.

(d) Prior to the commencement date of this Permit, Permittee shall deliver to City certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to City, evidencing the

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Insurance

coverages required hereunder, together with complete copies of the policies at City's request. In the event Permittee shall fail to procure such insurance, or to deliver such policies or certificates, City may procure, at its option, the same for the account of Permittee, and the cost thereof shall be paid to City within five (5) days after delivery to Permittee of bills therefor.

(e) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above.

(f) Should any of the required insurance be provided under a claims made form, Permittee shall maintain such coverage continuously throughout the term of this Permit and, without lapse, for a period of three (3) years beyond the Permit expiration, to the effect that, should any occurrences during the Permit term give rise to claims made after expiration of the Permit, such claims shall be covered by such claims-made policies.

(g) Upon City's request, Permittee and City shall periodically review the limits and types of insurance carried pursuant to this Section. If the general commercial practice in the City and County of San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Permittee for risks comparable to those associated with the Permit Area, then City in its sole discretion may require Permittee to increase the amounts or coverage carried by Permittee hereunder to conform to such general commercial practice.

(h) Permittee's compliance with the provisions of this Section shall in no way relieve or decrease Permittee's indemnification obligations under this Permit or any of Permittee's other obligations hereunder. Notwithstanding anything to the

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Insurance

contrary in this Permit, this Permit shall terminate immediately, without notice to Permittee, upon the lapse of any required insurance coverage. Permittee shall be responsible, at its expense, for separately insuring Permittee's personal property.

Utilities Water is available at no cost to Permittee, no other services are available

Planting Planting must be limited to no higher than three feet in height and allow for visibility through the

site from the adjacent sidewalks. Under no circumstances may trees be planted.

Display Art Prior to display of any artwork in the Permit Area, Permittee shall obtain written approval of the

City and County of San Francisco’s Art Commission, through its Visual Arts Committee

and provide a copy of such Approval to the Director of Property

Selection Process The RFP responses will be evaluated by a selection committee and ranked on how they

meet the project objectives and selection criteria as described in this RFP The Selection committee will make a recommendation to the Director of

Property.

Proposal due date August 15 2017

Contact Jeff Suess 25 Van Ness Suite #400 San Francisco, CA 94102

415-554-9873 [email protected]

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Introduction

The Real Estate Division is soliciting proposals from interested groups to

activate two of the City owned parcels along Octavia Street; Parcel R,

located along Octavia Street, between Oak and Lily Street and Parcel S,

located along Octavia Street between Lily and Page Streets. (attached as

Exhibit A).

The parcels are under the Management of the Real Estate Division until

such time that they can be developed as affordable housing. The estimated

time line for development of affordable housing is three years. Prior to

construction of the affordable housing, the temporary activation of the

parcels will need to be terminated and the sites cleared for construction.

The department seeks activations that are compatible and in alignment

with the Market Octavia Neighborhood Plan (attached as Exhibit B).

Scoring

1). Business Plan 30 pts

2). Activation 25 pts

3). Community 25 pts

4). Experience 10 pts

5). Conclusion of activation 10 pts

Total Points: 100 pts

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Submissions

Submissions should be limited to five pages, they should address the scoring

criteria.

Criteria

Business Plan:

A Business Plan, for the proposed use of the premises, the vision of the activation,

including proposed staffing, hours the premises will be open to the general public.

How the premises will be maintained and general operations of the site including

security precautions, maintenance, site management. A list of the people responsible

for the activation.

Activation:

Describe your activation in detail, regular and special events to be conducted.

Describe any planned programs or potential programs contemplated at this time.

Community:

Community: Please describe how the community will be involved with the

activation, hours of access to the general public, hours of involvement by community

members and neighbors. How will this activation, engage and involve the neighbors,

community and general public.

Experience:

Please describe your groups, or members experience at public activations, in

particular their experience in both implementing, managing and participation in any

activations.

Conclusion of activation:

Please describe how you intend to return the site to the City, removal of

installations, improvements etc.

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

Terms and conditions:

I. Terms and Conditions.

A. Invitation to Submit Proposals; No Obligations by City to Contract. This RFP is only an invitation to submit proposals and does not commit the City in any way to enter into an agreement. In addition, the issuance of this RFP does not obligate the City to pay any costs whatsoever incurred by anyone in connection with this RFP, including without limitation, (a) the preparation and presentation of documents, (b) any supplements or modifications of this RFP or (c) discussions with the City or other party arising out of or relating to this RFP or the subject matter of this RFP.

B. Reservation of Rights by City. The City expressly reserves the right at any time and from time to time, and for its own convenience, in its sole discretion, to do any or all of the following:

1. waive or correct any defect or technical error in any proposal or procedure, as part

of the RFP or any subsequent negotiation process;

2. reject any and all proposals, without indicating any reason for such rejection;

3. rescind or reissue an RFP;

4. select a tenant by any other means;

5. modify the selection procedure;

6. extend deadlines for accepting proposals, or request amendments to proposals after

expiration of deadlines, by mailing such change to each Proposer; and

7. determine that no project will be pursued.

C. Proposer Certification. By submitting a proposal, the Proposer certifies to the City that (i) the only persons or parties interested in the proposal as principals are those named therein; (ii) the proposal is tendered without collusion with any other person, including partnerships, firms and corporations; (iii) the Proposer has not paid nor agreed to pay and will not pay or agree to pay any fee or commission, or any other thing of value contingent on the award of an agreement for the Premises to any City employee or official, or to any contracting consultant hired by the City for purposes of this project, or to any agent of the City; (iv) if the proposal is accepted, Proposer will execute a Permit for the Premises on or before the deadline specified by the City; and (v) the Proposer understands and accepts all conditions and requirements contained in this RFP.

D. Sunshine Ordinance. Generally, all documentation, including financial information submitted by the successful Proposer to the City, are public records under State and local law. The Proposer will clearly designate those financial records which it in good faith determines to be a trade secret or confidential proprietary information protected from disclosure under applicable law. To the extent permitted by law, the City will attempt to reasonably maintain the confidentiality of such financial information, consistent with the City’s general

25 Van Ness Avenue Suite 400, San Francisco, CA 94102 415-554-9850

practices for maintaining the confidentiality of such information. However, the City will not under any circumstances be responsible for any damages or losses incurred by a Proposer or any other person or entity because of the release of such financial information.

E. Return of Materials. The City will not return documents or any information submitted in connection with a proposal hereto unless the Proposer has properly designated financial portions of the proposal as confidential at the time of submittal in accordance with the terms above and has then clearly requested that such information be returned, and provided that the City is legally permitted to return such documents.

F. Right to Disqualify. The City reserves the right to disqualify any Proposer to this RFP on the basis of any real or apparent conflict of interest that is disclosed by the proposals submitted or other data available to the City. This disqualification is at the sole discretion of the City.

G. Permit Approval. The Permit will require the approval of the Director of Property in his sole and absolute discretion.

II. Miscellaneous Requirements.

A. All Proposers shall comply with the conditions, requirements, and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal, subject to City’s discretion.

B. No proposal will be accepted from any person, firm, partnership, corporation or other entity that is in arrears upon any obligation to the City or that otherwise may be deemed irresponsible, unreliable or unqualified by the City.

C. Only one proposal will be accepted from any one person, firm, partnership, corporation or affiliated entities; however, several alternatives may be included in one submittal.

D. The information presented in this RFP is provided solely for the convenience of the Proposers and other interested parties. It is the responsibility of the Proposers and other interested parties to assure themselves that the information contained in this RFP is accurate and complete. The City or their advisors provide no assurances pertaining to the accuracy of the information in this RFP.

E. The Proposer shall not obtain by its proposal to this RFP, any claim against the City, or any City property, by reason of any or all of the following: any aspect of this RFP, the selection process or any part thereof, any informalities of defects in the selection process, the rejection of any offer or all such offers, the acceptance of any offer, entering into any permit the failure to enter into such permit, any statement, representations, acts or omissions of the City, the exercise of any discretion set forth in or concerning any of the foregoing; and any other matters arising out of all or any of the foregoing.

Questions regarding this RFP may be directed to Jeff Suess at (415) 554-9873.

Exhibit A

Exhibit A

The fenced lot on Octavia Street, between Lily and Page Street, Commonly referred to as Parcel “S” and

depicted below: