1-RFP 26-202 - Use of SWA Parcel at Former Cross State Landfill.pdf

YOUR PARTNER FOR

SOLID WASTE SOLUTIONS

REQUEST FOR PROPOSAL

FOR

USE OF SWA PARCEL AT FORMER CROSS STATE LANDFILL

RFP 26-202/JH

SOLID WASTE AUTHORITY OF PALM BEACH COUNTY

7501 NORTH JOG ROAD

WEST PALM BEACH, FLORIDA 33412

(561) 640-4000

RFP 26-202.JH - i - Sept 2025

TABLE OF CONTENTS

SECTION 1 - GENERAL INFORMATION

1.1. Background

1.2. Purpose

1.3. Evaluation Process

1.4. Procurement Schedule

1.5. Proposal Submission and Withdrawal

1.6. Communication Protocol

1.7. Addenda

1.8. Rights of the Authority

1.9. Proposal Preparation Costs

1.10. Interpretations

1.11. Non-Collusion Affidavit

1.12. Public Entity Crimes

1.13. Public Records Act / Information Disclosure to Third Parties

1.14. Insurance Required

1.15. Cone of Silence

1.16. Scrutinized Companies

1.17. Inspector General

1.18. Commercial Non-Discrimination Policy

1.19. Third Party Beneficiary Disclaimer

1.20. E-Verify – Employment Eligibility

1.21 Prohibition Against Considering Social, Political or Ideological Interest in Government Contracting

1.22 Non-Governmental Entity Human Trafficking

SECTION 2 – LEASE REQUIREMENTS

2.1. Introduction

2.2 Lease Requirements

SECTION 3 - PROPOSAL SUBMISSION REQUIREMENTS

3.1. Proposal Submission Requirements and Format

3.2. Content

3.3. Proposal Format

SECTION 4 - PROPOSAL EVALUATION AND AWARD

4.1. General

4.2. Evaluation Method

4.3. Lease Amount

4.4. Qualifications

4.5. Proposed Use

4.6. Income

4.7. Price Proposal

4.8. Other

4.9. Award

RFP 26-202.JH - ii - Sept 2025

PROPOSAL FORMS

1. Transmittal Letter

2. Price Proposal

3. PROPOSER’S Qualification Statement

4. Vendor Acknowledgement Form

ATTACHMENTS

Attachment A - Sample Agreement Attachment B - Tentative Procurement Schedule Attachment C - Insurance Checklist

RFP 26-202.JH - 1 - Sept 2025

GENERAL INFORMATION

1.1. BACKGROUND:

A. The Solid Waste Authority of Palm Beach County (“AUTHORITY”) was established by the Florida State Legislature as a Dependent Special District under the Palm Beach County Solid Waste Act, Chapter 2001-

331. The AUTHORITY is governed by the seven (7) elected County Commissioners of Palm Beach County, Florida, sitting as the Governing Board of the AUTHORITY. The Governing Board (BOARD) members are elected for terms as determined in the Solid Waste Act. It is important to note that the AUTHORITY is an entirely separate and legally distinct entity from Palm Beach County which is a political subdivision of the State of Florida.

B. The AUTHORITY is the governmental agency responsible for providing an economical and environmentally conscious integrated Solid Waste Management System for Palm Beach County, Florida. With approximately 400 employees, the AUTHORITY provides solid waste disposal and recycling services and programs to the County’s 1.5 million residents and businesses. The AUTHORITY also provides solid waste and recycling collection services to the residents and businesses in unincorporated Palm Beach County through private haulers under exclusive franchise agreements.

C. The AUTHORITY has built an award-winning integrated system of facilities that combines recycling, renewable energy and landfilling to effectively manage the county’s waste. The AUTHORITY’s system includes two waste-to-energy facilities, landfills, a recovered materials processing facility, a biosolids processing facility, seven (7) home chemical collection facilities and a network of six (6) transfer stations.

1.2. PURPOSE:

A. The purpose of this Request for Proposal (RFP) is to solicit formal Proposals from experienced and qualified individuals, corporations, partnerships, and other legal entities (PROPOSER) interested in leasing a 5.249 acre parcel on Pike Road owned by the AUTHORITY for the purpose of developing and operating a facility for any solid waste management purpose, including a facility designed for the treatment of Equine Residuals generated within Palm Beach County, or for any other use approved by the AUTHORITY’S BOARD consistent with the statutory mission of the AUTHORITY. Should the AUTHORITY receive only one (1) proposal, the AUTHORITY may at its sole discretion, consider and evaluate the award to the single proposal received.

1.3. EVALUATION PROCESS:

The review process will be conducted by the Evaluation Committee (Comprised of AUTHORITY staff). The Evaluation Committee will determine the completeness of the proposal, and if the proposals are responsive and responsible as detailed in this RFP. Proposals found to be complete, responsive and responsible will be submitted to the Solid Waste Authority BOARD for their consideration and determination.

1.4. PROCUREMENT SCHEDULE:

A summary schedule of the major activities associated with the AUTHORITY’S procurement process for this Project is presented in the Procurement Schedule (See Attachments). The AUTHORITY, at its sole and unfettered discretion, may modify the schedule as it deems appropriate. The AUTHORITY will notify the PROPOSER of any changes associated with submittal dates by written Addenda.

RFP 26-202.JH - 2 - Sept 2025

1.5. PROPOSAL SUBMISSION and WITHDRAWAL:

A. The AUTHORITY uses Bonfire, a 100% digital method of accessing and responding to solicitations (Bonfire). Therefore, PROPOSERS must submit their proposal via Bonfire. The AUTHORITY must receive responses as indicated in this RFP and on the date and time established in the Procurement Schedule of this RFP.

B. The AUTHORITY cautions those submitting Proposals to ensure the accuracy of the document uploads to Bonfire.

C. The PROPOSER may withdraw their Proposal by notifying the AUTHORITY’S Purchasing Services office in writing at any time prior to the time set for the Proposals receipt deadline. Proposals, once opened, become the property of the AUTHORITY and will not be returned to the PROPOSERS, except in accordance with Florida Law.

1.6. COMMUNICATION PROTOCOL:

All questions and communications concerning this procurement process must be directed to Mrs. Jodi Hart, CPPO, MBA, Juris Master, Director, Purchasing Services. All requests for clarifications or additional information must be submitted in writing via electronic mail to jhart@swa.org or Bonfire. All questions shall be submitted no later than the date specified in Procurement Schedule of this RFP. The AUTHORITY will record its responses to questions, if any, and address them in the form of a written Addendum(s) to this RFP.

1.7. ADDENDA:

A. Should revisions to the RFP become necessary, the AUTHORITY will issue written Addenda. All Addenda must be acknowledged. This Acknowledgement must be included in the Proposal Form – Transmittal Letter and the Vendor Acknowledgement Form. PROPOSER’S submittal may be rejected as non-responsive if PROPOSER has failed to submit its Proposal without Addenda Acknowledgement. The AUTHORITY will issue all Addenda through Bonfire.

B. All PROPOSERS should contact the AUTHORITY no more than five (5) calendar days before the due date for submitting Proposals to ascertain whether any Addenda have been issued. Failure of the PROPOSER to make this inquiry could result in its Proposal being non-responsive in the event Addenda were issued and not acknowledged by the PROPOSER in their submittal.

C. No Addenda will be issued later than five (5) calendar days prior to the due date for receipt of Proposals except an Addendum withdrawing the RFP or one that includes postponement of the date for receipt of Proposals.

1.8. RIGHTS OF THE AUTHORITY:

This RFP constitutes an invitation for submission of Proposals to the AUTHORITY. This RFP does not obligate the AUTHORITY to procure or contract for any of the scopes of services set forth in this RFP. The AUTHORITY reserves and holds at its sole and unfettered discretion, various rights and options under Florida law, including without limitation, the following:

To prepare and issue addenda to the RFP that may expand, restrict, or cancel any portion or all work described in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP;

RFP 26-202.JH - 3 - Sept 2025

To receive questions from potential PROPOSERS and to provide such answers in writing as it deems appropriate;

To waive any informalities, technicalities or irregularities in the Proposals submitted;

To reject any and all Proposal submissions;

To change the date for receipt of Proposals or any deadlines and dates specified in the RFP;

To change the procurement and/or selection process prior to receipt of Proposals;

To conduct investigations with respect to the information provided by each PROPOSER and to request additional information (either in writing or in presentations and interviews) to support such PROPOSER’S responses and submittals;

To visit facilities referenced in the PROPOSER’S submittal at any time or times during the procurement process;

To seek clarification of Proposals from the PROPOSERS either in writing or in presentations and interviews, and;

To cancel the RFP with or without the substitution of another RFP.

1.9. PROPOSAL PREPARATION COSTS:

The AUTHORITY accepts no liability for costs and expenses incurred by the PROPOSER in preparation and submission of Proposals and responses to clarifications from the AUTHORITY, potential site visits, interviews, negotiations, future RFP or any other work performed in connection with the Proposal. Each PROPOSER that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the AUTHORITY for the costs and expenses associated with the process. PROPOSER should prepare their submittal providing a straightforward and concise description of the PROPOSER’S ability to meet the requirements of the RFP. Unnecessarily elaborate brochures, art work, expensive paper, bindings, visual and other presentation materials, beyond that sufficient to present a complete and effective response to this RFP is not desired.

1.10. INTERPRETATIONS:

A. The AUTHORITY will not be bound by or responsible for any explanation or interpretation of the RFP documents other than those given in written Addenda. In no event shall PROPOSERS rely on any oral statement by the AUTHORITY, its staff, agents, advisors, or consultants.

B. Any PROPOSER that submits in its Proposal to the AUTHORITY any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, may be disqualified from consideration.

1.11. NON – COLLUSION AFFIDAVIT:

The PROPOSER is required to submit the Vendor Acknowledgement Form attesting to the Non-Collusion Affidavit stipulating Agreement to the following: “PROPOSER certifies that its Proposal is made without previous understanding, Agreement, or connection with any person, firm, or corporation making a Proposal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action”.

RFP 26-202.JH - 4 - Sept 2025

1.12. PUBLIC ENTITY CRIMES:

Pursuant to Section 287.133(2)(a), as amended: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

1.13. PUBLIC RECORDS ACT/INFORMATION DISCLOSURE TO THIRD PARTIES:

A. Sealed bids, proposals, SOQs, or replies received by the AUTHORITY pursuant to a competitive solicitation are exempt from s. 119.07(1) and s.24(a), Article I of the State Constitution until such time as the AUTHORITY provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, SOQs, or final replies, whichever is earlier. As such, the AUTHORITY shall not in any way be liable or responsible for the proper disclosure or result of the proper disclosure of any submissions or portions thereof submitted in response to the RFP, made in accordance with applicable law.

B. The law provides for certain exemptions from disclosure. If the PROPOSER believes that some information contained in their Proposal is exempt or exempt and confidential from disclosure, the PROPOSER is instructed to label such information as specifying the exact section of the public records, or other Florida or Federal law that justifies nondisclosure, and request in writing the AUTHORITY keep such information confidential and free from disclosure. The AUTHORITY reserves the right to make any final determination of the applicability of the public records or other Florida or Federal law. Prior to releasing any information, the AUTHORITY will inform the PROPOSER and allow the PROPOSER to seek an injunction prohibiting the AUTHORITY from releasing the information. Each PROPOSER agrees that the AUTHORITY may reveal any confidential and exempt materials to designated AUTHORITY staff and Palm Beach County officials involved in the evaluation process, and to any outside consultant or third parties who serve on the Evaluation Committee or who are hired by the AUTHORITY to assist in the evaluation process.

Furthermore, each PROPOSER agrees to indemnify and hold harmless the AUTHORITY and each of their officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the PROPOSER has designated as confidential and exempt.

C. The portions of any meetings where PROPOSER(S) is making an oral presentation, is/are answering questions, where negotiations take place, or AUTHORITY meetings to discuss negotiation strategy are also exempt from public access in accordance with Sections 286.0113(2)(b)1, Florida Statutes, as may be amended.

1.14. INSURANCE REQUIRED:

The PROPOSER(S) shall at its sole expense obtain and maintain insurance reflecting the minimum amounts and conditions specified in the Insurance Requirements Checklist. (see Documents Section of Bonfire) If the PROPOSER(S) is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the PROPOSER’(S) insurance coverage, policies or capabilities may be grounds for rejection of the proposal(s) and rescission of any ensuing agreement(s). Certificate(s) of Insurance are required indicating that coverage is in full force and effect and include the following language: “Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.” Notice shall not be less than (30)

RFP 26-202.JH - 5 - Sept 2025 days for any cancellation, non-renewal or material change to the insurance coverages and not less than ten

(10) days for non-payment of premium. The requirements contained herein, as well as AUTHORITY’S review or acceptance of insurance maintained by PROPOSER are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by PROPOSER under this Agreement. In the event that sub-contractors used by the PROPOSER do not have insurance, or do not meet the insurance limits, PROPOSER shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub-contractor’s insurance coverage, to the extent that insurance meeting the limits would have afforded coverage to the AUTHORITY, as indicated in the Insurance Checklist.

1.15. CONE OF SILENCE:

1.15.1 Cone of silence means a prohibition on any communication, written or oral, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between:

(a) Any person, recognized legal entity, or either of their respective representative(s) seeking an award from such competitive solicitation; and

(b) any person who is a member of a selection or evaluation committee or panel whose purpose is to make selections, recommendations or evaluations in connection with a competitive selection process; and

(c) any employee of the department from which the contract solicitation originated and for whose primary purpose it will serve, any employee that is a Chief of the Solid Waste Authority of Palm Beach County regardless of the originating department; and

(d) Notwithstanding the above, any person, legal entity, or their respective representative(s), may contact any member(s) of the Authority’s Governing Board, the Executive Director, Managing Director, Purchasing Director or Procurement Manager, however, any such communication shall only be by written correspondence, and in all cases the Purchasing Director shall be copied.

Any oral communications to any of these person(s) listed in this subsection regarding a particular competitive solicitation is/are strictly prohibited.

1.15.2 For the purposes of this section, a person or legal entity’s representative shall include any person or group of persons acting on behalf of that person or legal entity, including but not limited to an employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person or legal entity.

1.15.3 The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. Each request for proposal, request for qualification, bid, or any other competitive solicitation shall provide notice of the Cone of Silence requirements and refer to this policy.

1.15.4 The Cone of Silence shall remain in effect for all person(s), legal entity, or their respective representative(s) submitting a response to a competitive solicitation until such time as the provisions of subsection 1.15.7 are satisfied, even if the person withdraws his/her submittal from the competitive process or is otherwise eliminated from consideration consistent with the procedures of the competitive process.

1.15.5 The provisions of this policy shall not apply to oral communications at any proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any meeting, presentations made to the Governing Board, and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any employee and the intended awardees, or any dispute resolution process following the filing of a protest between the person filing the protest and any employee.

RFP 26-202.JH - 6 - Sept 2025

1.15.6 The Cone of Silence shall not apply to any purchase made in an amount less than the competitive bid threshold set forth in the Authority Purchasing manual.

1.15.7 The Cone of Silence shall terminate at the time the Board, or Authority staff, if authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process.

1.15.8 The Board, by means of action taken at any properly noticed Governing Board meeting, may invoke the Cone of Silence earlier than the times specified in this section, for any procurement.

1.15.9 Any and all questions regarding the individuals who may or may not be covered under the Cone of

Silence should be directed to the Purchasing Director or designee.

1.16. SCRUTINIZED COMPANIES:

A. When Contract value is greater than one million dollars ($1,000,000): As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria.

If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be requested at the time of Contract renewal.

B. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the

CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725.

If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and, if said false certification stated that CONTRACTOR was not engaged in a boycott of Israel, a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be requested at the time of Contract renewal.

1.17. INSPECTOR GENERAL:

Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009-049 which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services.

This Agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the authority, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance.

All parties doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector General including providing access to records relating to this Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the CONSULTANT, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or interference with or impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor.

RFP 26-202.JH - 7 - Sept 2025

1.18. COMMERCIAL NON-DISCRIMINATION POLICY:

A. Statement of Policy

It is the policy of the AUTHORITY not to enter into a contract or to be engaged in a business relationship with any business entity that has discriminated in the solicitation, selection, hiring or commercial treatment of vendors, suppliers, subcontractors or commercial customers on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the relevant marketplace for Palm Beach County.

B. Policy Implementation

The EBO Office shall implement this policy by periodically conducting outreach and by distributing educational materials to the AUTHORITY’s contracting and vendor community and related trade associations to advise such contractors, vendors and prospective respondents of this policy and the procedures to be followed in submitting complaints alleging violations of this policy. In addition, the Executive Director, the Office of the Chief Financial Officer, the Director of Purchasing, and the Office of the General Counsel shall ensure that the following commercial nondiscrimination clause language is set forth in, and incorporated into, all the AUTHORITY contracts that result from formal solicitations:

Every contract and subcontract shall contain a nondiscrimination clause that reads as follows:

"As a condition of entering into this agreement, the company represents and warrants that it will comply with the AUTHORITY’s Commercial Nondiscrimination Policy as described under Section 6.3 of the AUTHORITY’s Purchasing Manual. As part of such compliance, the company shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination. The company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the AUTHORITY’s relevant marketplace in Palm Beach County. The company understands and agrees that a material violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification or debarment of the company from participating in AUTHORITY contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”

All Formal Solicitations issued for AUTHORITY contracts shall include the following certification to be completed by the RESPONDENT:

"The undersigned RESPONDENT hereby certifies and agrees that the following information is correct:

In preparing its response on this project, the RESPONDENT has considered all proposals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in "discrimination" as defined in the AUTHORITY’s Commercial Nondiscrimination Policy as set forth in Section 6.3 of its Purchasing Manual, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful

RFP 26-202.JH - 8 - Sept 2025 use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners;

provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in SWA’s relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation for responses on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the AUTHORITY to reject the response submitted by the RESPONDENT on this project, and to terminate any contract awarded based on the response. As part of its response, the RESPONDENT shall provide to the AUTHORITY a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the RESPONDENT discriminated against its Subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

As a condition of submitting a response to the AUTHORITY, the RESPONDENT agrees to comply with the AUTHORITY’s Commercial Nondiscrimination Policy as described under its Purchasing Manual – Economic Inclusion Policy and Procedures, Section 6.3.

1.19. THIRD PARTY BENEFICIARY DISCLAIMER:

It is not the intention of these RFP documents to create third party beneficiary status in any person or entity that is not a direct party to the contract awarded as a result of being the successful PROPOSER to this RFP, and no language in these RFP documents or the contract awarded pursuant to this RFP should be construed or interpreted as creating a third-party beneficiary.

1.20. E-VERIFY – EMPLOYMENT ELIGIBILITY:

PROPOSER warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, PROPOSER shall (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the PROPOSER’s contractors/consultants and subcontractors/subconsultants performing any duties and obligations under the resultant agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. AUTHORITY shall terminate the resultant agreement if it has a good faith belief that the PROPOSER has knowingly violated Section 448.09(1), Florida Statutes as may be amended.

1.21 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN

GOVERNMENT CONTRACTING – F.S. 287.05701(2023):

PROPOSERS are hereby notified of the provisions of section 287.05701(2023), Florida Statutes, as amended, that the AUTHORITY will not request documentation of or consider a PROPOSER’s social, political, or ideological interests when determining if the PROPOSER is a responsible PROPOSER. PROPOSERS are further notified that the AUTHORITY’s governing body may not give preference to a PROPOSER based on the PROPOSER’s social, political, or ideological interests.

1.22 NON-GOVERNMENTAL ENTITY HUMAN TRAFFICKING:

PROPOSER warrants and represents that it is in compliance with Section 787.06 of the Florida Statutes and declares that the PROPOSER does not use coercion for labor or services as defined in the statutes.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

RFP 26-202.JH - 9 - Sept 2025

LEASE REQUIREMENTS

2.1 INTRODUCTION

The AUTHORITY owns land in Palm Beach County commonly referred to as the former Cross State Landfill (Landfill). It is located in Section 33, Township 44 South, Range 42 East. Specifically, being a portion of land in Tract 19, Block 6 of Palm Beach County Farms Company Plat No. 3, according to the plat thereof as recorded in Plat Book 2, Pages 45 through 54, of the public records of Palm Beach County, Florida, containing a total of 5.249 acres more or less. It is also referred to as “Premises” in this Request for Proposal (RFP). A location map is attached as Exhibit “A” in the Sample Agreement.

The AUTHORITY is accepting proposals from interested parties for the use of this property to develop and operate a facility designed for any solid waste management purpose, including a facility designed for the treatment of Equine Residuals generated within Palm Beach County, or any other use approved by the AUTHORITY’S BOARD consistent with the statutory mission of the AUTHORITY. Should the AUTHORITY receive less than two (2) proposals, the AUTHORITY may at its sole discretion, consider and evaluate the award to the single proposal received.

2.2 LEASE REQUIREMENTS

Additional lease terms and conditions will be negotiated with the successful PROPOSER(S). The lease will contain provisions that deal with the following:

1. The successful PROPOSER(S) shall not engage in any business or other activity on the Premises that does not support the AUTHORITY’s mission of any solid waste management purpose or is not expressly authorized by the AUTHORITY or the AUTHORITY’s BOARD.

2. The initial term of the lease shall be for a period of twenty (20) years with an option to renew in two (2) additional increments, each of a five (5) year duration. The decision to renew is at the sole discretion of the AUTHORITY.

3. The successful PROPOSER(S) shall maintain vigilance to ensure that no adverse environmental or other impacts occur to the Premises. As detailed in Section 3.01 of the Sample Agreement, the successful PROPOSER(S) is responsible for doing its own due diligence prior to acceptance of the Premises and before any improvements are undertaken by PROPOSER(S) to determine a baseline of existing condition(s) on the Premises. The PROPOSER(S) shall not be responsible for any existing or documented past conditions that existed prior to the Commencement Date of this Lease as evidenced in the baseline report. However, PROPOSER(S) shall be solely responsible for any and all new monitoring requirements imposed by any regulatory agency relating to any condition that did not exist on the Commencement Date of this Lease.

4. Proposed activities are subject to review and approval of the appropriate permitting agencies. The successful PROPOSER(S) shall modify and/or obtain all applicable local, state, and federal permits as may be required at his/her expense. The successful PROPOSER(S) shall be responsible for complying with all conditions attached to any of the required permits during the term of the lease. The successful PROPOSER(S) shall bear all expenses related to regulatory compliance as listed in their permits. The successful PROPOSER(S) is also advised that it may take several months to process any required permits depending on the complexity of the proposed activities and the type of information required to demonstrate compliance.

RFP 26-202.JH - 10 - Sept 2025

5. The AUTHORITY does not guarantee any level of flood protection and/or maintenance of ground water levels at certain elevations.

6. The successful PROPOSER(S) shall be responsible for all utilities required to operate the Premises.

7. The AUTHORITY shall approve, beforehand, any major property improvements or repairs. The

AUTHORITY may authorize certain repairs at its own expense.

8. The successful PROPOSER(S) will be responsible for maintaining a management presence on the site as a preventative measure against vandalism, etc. The successful PROPOSER(S) shall bear the cost of repair or replacement to AUTHORITY-owned property caused by vandalism or theft.

9. The AUTHORITY, at its sole discretion, may place marketing or other informational signs on the Premises or at the entrance(s) to the Premises. Successful PROPOSER(S) shall be responsible for securing any necessary permits for signs.

10. The Premises will be available in “as is”, “where is”, and “with all faults” condition.

11. The Premises will not be available for occupancy until March 2026.

12. The Premises shall be returned to pre-lease condition at the end of the lease term at the successful

PROPOSER’s sole expense.

13. The parcel immediately to the north of the Premises was formerly a landfill and is staked at four (4) corners. However, it is possible that subsurface pockets of waste material may exist within the 5.249-acre parcel available for lease (this RFP). It is the sole responsibility of the PROPROSER to perform any evaluations necessary prior to commencing any work.

14. Currently, the AUTHORITY is not required to monitor groundwater, surface water, or soils within the

5.249-acre parcel under consideration for the lease (this RFP). However, the Florida Department of Environmental Protection (FDEP) is currently working towards remediating the parcel immediately to the east of the 5.249-acre parcel. This may result in FDEP or any other agency having jurisdiction requiring the lessee to install wells, equipment, monitor conditions, and report environmental data for the leased parcel. Such requirements may include, but are not limited to site surveys, groundwater elevations, air, groundwater, surface water, soil sampling, analytical laboratory testing, reporting, and any other tasks as deemed necessary by the regulatory agencies. The regulatory agencies may require additional controls and safeguards that are typically required for the future facility to be developed by the PROPOSER. The PROPOSER is responsible for all costs incurred in complying with the regulatory requirements and must conduct its own due diligence with regard to any such regulatory requirements.

15. Use of roads and access points shall be held in common and shared with the AUTHORITY, other land managers, contractors, and tenants.

16. The successful PROPOSER(S) shall provide the AUTHORITY, its contractors, engineers, and consultant’s access to the Premises at all times for any purpose deemed necessary by the AUTHORITY, including, but limited to, access required to comply with regulatory requirements.

17. Access to Premises is currently via improved and unimproved driveway over adjacent land owned by the

AUTHORITY. The driveway starts on the west side of Pike Road and 7th Place N., a shared entrance for 555 Pike Road and 595 Pike Road. The Benoist Farms Road bridge across the Lake Worth Drainage District (LWDD) Canal located to the northwest of the Premises shall not be utilized for access to the Premises; this bridge shall only be utilized in the event of an emergency.

RFP 26-202.JH - 11 - Sept 2025

2.3 NOTICE TO ALL PROPOSERS

Palm Beach County is currently contemplating a roadway widening and canal improvement project to widen Benoist Farms Road. This would necessitate the relocation of an existing canal on the west side of the Premises by the Lake Worth Drainage District (LWDD) within their 100 foot perpetual easement shown on the Legal Description attached as Exhibit “A” in the Sample Agreement. The roadway widening and canal relocation may result in a reduction in area available for lease.

RFP 26-202.JH - 12 - Sept 2025

PROPOSAL SUBMISSION REQUIREMENTS

3.1 PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT:

A. The AUTHORITY uses Bonfire, a 100% digital method of accessing and responding to solicitations.

Therefore, PROPOSERS must submit their proposals via Bonfire. The AUTHORITY must receive all Proposals no later than 2:00 P.M., Eastern Standard Time on the date established in the Procurement Schedule. The complete Proposal package shall be submitted through Bonfire. Should the PROPOSER have any issues with any interaction with the e-Procurement system, PROPOSER is encouraged to contact the Bonfire support desk for assistance: https://vendorsupport.gobonfire.com/hc/en-us.

B. Marketing brochures or any other information not pertaining to this RFP shall not be included in the Proposal.

C. Proposals shall demonstrate that the PROPOSER is qualified to perform the Scope of Work based upon relevant professional experience.

3.2 CONTENT:

The PROPOSER shall provide the appropriate information in accordance with the content requirements set forth in the following subsections. To allow the Evaluation Committee to more effectively review the Proposals, PROPOSERS shall provide all requested information in the order and in the format requested below.

3.2.1 Title Page

The Title Page shall include the RFP Title and Number. The page shall indicate clearly the name of the PROPOSER submitting the Proposal and the name, address, phone number, and e-mail address of the PROPOSER’S designated contact person. The PROPOSER’S designated contact person is the individual who shall be the main point of contact for the AUTHORITY to communicate with regarding this procurement.

3.2.2 Table of Contents

3.2.3 General Information

PROPOSER shall provide completed forms as follows:

3.2.3.1 Transmittal Letter

PROPOSER shall submit a completed Transmittal Letter acknowledging, among other things, that the PROPOSER has completely reviewed, understands, and agrees to be bound by the requirements of this RFP. The Proposal Transmittal Letter shall be signed by a representative of the PROPOSER who is empowered to sign it and to commit the PROPOSER to the obligations contained in the Proposal.

3.2.3.2 Price Proposal

PROPOSER shall submit a completed Price Proposal. The AUTHORITY reserves the right to request additional pricing explanations for any out-of-balance pricing, explanations for any pricing it deems too low or too high, and to negotiate a best and final price.

3.2.3.3 PROPOSER’S Qualification Statement

PROPOSER shall provide a completed Proposer’s Qualification Statement.

RFP 26-202.JH - 13 - Sept 2025

3.2.3.4 Vendor Acknowledgement Form

PROPOSER shall provide a completed Vendor Acknowledgement Form.

3.3 PROPOSAL FORMAT

PROPOSERS shall prepare their proposals using a letter format. The letter must contain the following information:

A. The names of all persons or entities interested in the proposal as principals.

B. An identification of the type of business entity involved (e.g., sole proprietorship, partnership, foreign country. In the case of a sole proprietorship or partnership, social security numbers for all owners or partners are required.

C. If PROPOSER is a corporation, provide certification from the Florida Secretary of State verifying PROPOSER’S corporate status and good standing, and in the case of out-of-state corporations, evidence of authority to do business in the State of Florida is required.

D. An acknowledgment of the receipt of any RFP addenda issued by the AUTHORITY.

E. A detailed description of the proposed use for the Premises including a discussion of zoning fit and environmental impact.

F. The qualifications (as they relate to the proposed use) of the PROPOSER or firm.

G. A list of current or recently completed projects undertaken by the PROPOSER that are similar/related to the proposed use. Provide dates, locations, status, and other pertinent information to assist in determining the PROPOSER’S experience and background.

H. At least two (2) current professional references (name, address, and phone number) that the AUTHORITY may contact to obtain information about the PROPOSER’S experience related to proposed use.

I. A summary of any litigation filed against the PROPOSER in the past three years, which is related to the proposed use. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved.

J. A statement of PROPOSER’S financial stability, including information as to current or prior bankruptcy proceedings. Include a copy of financial report and/or annual report.

K. At least one (1) current financial reference (name, address, and phone number) that the AUTHORITY may contact in relation to the PROPOSER’S financial strength.

L. A statement about PROPOSER’S insurability for the proposed use.

M. A timetable for starting lease, obtaining any required permits, date of actual occupancy, etc.

N. The Federal Employer ID number of the PROPOSER.

O. The proposed lease amount and any other financial terms.

P. Any additional information which the PROPOSER considers pertinent for consideration.

Q. The signature and title of the PROPOSER.

RFP 26-202.JH - 14 - Sept 2025

PROPOSAL EVALUATION AND AWARD

4.1. GENERAL:

All Proposals submitted in response to this RFP will be evaluated by the AUTHORITY’S Evaluation Committee based on the information supplied per the Proposal Submission Requirements and utilizing criteria specified in the Proposal Evaluation and Award.

4.2. EVALUATION METHOD:

A. The review process will be conducted by the Evaluation Committee (Comprised of AUTHORITY staff). The Evaluation Committee will determine the completeness of the proposal, and if the proposals are responsive and responsible as detailed in this RFP. Proposals found to be complete, responsive and responsible will be submitted to the Solid Waste Authority BOARD for their consideration and determination.

B. Evaluation Committee members will conduct a completeness review of the Proposals. Proposals must include all requirements specified in Part III – Proposal Submission Requirements. Minor informalities may be waived by the AUTHORITY. At its discretion the AUTHORITY may require any PROPOSER(S) to make an oral presentation of his/her submittal. An oral presentation provides an opportunity for the PROPOSER(S) to clarify his/her submittal for the AUTHORITY. The AUTHORITY, if deemed necessary, will shortlist and notify the PROPOSER(S) that an oral presentation will be scheduled which may result in a re-evaluation of the Proposals.

C. Proposals found to be complete, responsive and responsible will be submitted to the Solid Waste Authority BOARD for their consideration and determination.

4.3. LEASE AMOUNT:

In May 2025, the AUTHORITY commissioned an appraisal of probable market rent for this 5.249 acre parcel based on parcels of this type and in the same general vicinity. As a result of that process, the annual rent was estimated at $1.75 per square foot of unimproved land per year, resulting in an annual rent of $400,000/year as of May 1, 2025. PROPOSERS are free to submit any number they feel is competitive. The AUTHORITY reserves the right to reject any and all proposals at its sole discretion.

4.4 QUALIFICATIONS

A. Provide information sufficient to demonstrate that the PROPOSER or PROPOSER’s team have the necessary qualifications and experience in successful development and operation of a project of this size and scope.

B. Provide a minimum of two (2) project references involving the principals of the PROPOSER’s team demonstrating execution of similar projects.

C. Provide evidence that the PROPOSER has the financial resources to fully develop and execute a project of the size and scope being proposed.

4.5 PROPOSED USE

The AUTHORITY is accepting proposals from interested parties for the use of this property to develop and operate a facility designed for any solid waste management purpose, including a facility designed for the treatment of Equine Residuals generated within Palm Beach County, or for any other use approved by the AUTHORITY’S BOARD consistent with the statutory mission of the AUTHORITY. In order to evaluate the

RFP 26-202.JH - 15 - Sept 2025 proposals based on the above stated objective, the PROPOSER shall provide a detailed description of the proposed use. This should include but is not limited to the following:

Proposed/Conceptual Site Plan

Process flow/Mass Balance including peak daily, peak monthly, and annual throughput of input material that will be processed at the proposed facility and end products produced, if applicable.

Details on the process that includes any and all chemical inputs, waste products and effluents resulting from processing operations, types of residue remaining at the end of the process, by products, marketable end products, packaging/shipping information, and quantities of these materials.

Zoning Impacts including setbacks, buffers, vegetation/landscape considerations, odor issues, noise, vectors, and other nuisance considerations.

4.6 INCOME FROM THIS PROJECT

Provide sufficient information to demonstrate that the PROPOSER has the financial capability to execute the plan and adhere to the requirements of the lease document. This could include audited company financial statements, revenue potential, supply/purchase agreements, including quantities for products produced at the proposed facility and to be delivered to various customers.

4.7 PRICE PROPOSAL

The appraised lease value for this 5.249-acre parcel is $400,000 per year. The PROPOSER may submit any number for the lease value for this parcel as a part of this competitive solicitation and will be evaluated based on the best interests of the AUTHORITY.

4.8 OTHER

This should include the detailed schedule for implementation of the project by the PROPOSER, any special lessee requirements being requested by the PROPOSER, and any additional information that the PROPOSER feels will enhance their submission.

4.9 AWARD:

A. The AUTHORITY BOARD will determine, at its sole and unfettered discretion, if any of the Proposals submitted will be considered for lease negotiation. If the AUTHORITY and the BOARD selected PROPOSER cannot negotiate a successful Agreement, the AUTHORITY may terminate such negotiations and begin negotiations with a different BOARD selected PROPOSER. No PROPOSER shall have any rights against the AUTHORITY arising from such negotiations.

B. The PROPOSER understands that this RFP does not constitute an agreement or a contract with the PROPOSER. An official agreement or contract is not binding until Proposals are reviewed and accepted by appointed staff, approved by the appropriate levels of authority within the AUTHORITY, and executed by the parties. A Sample Agreement is attached to this RFP. The AUTHORITY anticipates that the final agreement will be in substantial conformance with the Sample Agreement;

nevertheless, PROPOSERs are advised that any agreement, which may result from this RFP, may deviate from the Sample Agreement, but remain in substantial conformance with the Sample Agreement.

RFP 26-202.JH - 16 - Sept 2025

4.10 POSTING OF RECOMMENDATION FOR AWARD:

Notice of Award will be posted within two (2) business days of the BOARD’s direction to staff to begin negotiations with its selected awardee. This Notice of Award will remain posted on the Authority’s website for a period of five (5) calendar days. Failure to file a protest to the Director of Purchasing Services within five (5) calendar days of such award posting shall constitute a waiver of protest proceedings. The protest procedures are fully detailed in Section 10 of the AUTHORITY’s Purchasing Manual.

A. It is the PROPOSER’s sole responsibility to ascertain the time and date of posting of the Recommendation for Award. This may be accomplished by telephone, e-mail, or other means deemed timely by the PROPOSER.

B. It…