Addendum No. 4 RFP Carlin rev. 1.24.23 spb rev 1.25.23 PB approved.pdf

Addendum No. 4 to RFP NO. 2023-101-LMD

Request For Proposals to Provide a Food Service Concessionaire Services at Carlin Park

January 26, 2023

This Addendum No. 4 shall be added to and become a part of the RFP and governed by all terms and conditions set forth therein.

The County received questions as set forth below and is issuing the following responses:

1. Questions received from Peter Torocsik

Question: Regards to public interest of park visitors, why the restaurant is closed?

Answer: Prior lease for Carlin Park expired in August 2022 and there were no renewal options remaining.

Question: When was the last procurement effort to secure F & B service?

Did PBC receive responsive proposals? How many proposals PBC received?

Answer: Prior to RFP No. 2023-101-LMD Carlin Park Food and Beverage Concession

Services, Palm Beach County issue RFP No. 2021-102-DML Carlin Park Food &

Beverage Concession Services. Palm Beach County received three (3) proposals, and all three (3) were deemed responsive.

Question: Without official public record requests can you attached those proposals?

What was the ranking?

Answer: The procedure to obtain copies of proposals is to submit a public records request.

The ranking was as follows: (1) Hawkhaven d/b/a Lazy Loggerhead Café

(2) National & State Park Concession, Inc. (3) GC Ventures FL, LLC

Question: List the members of the Evaluation Committee, please.

Answer: Members of the Evaluation Committee for RFP No. 2021-102-DML Carlin Park

Food & Beverage Concession Services were:

Paul Connell, Deputy Director, Parks & Recreation

Kirk Brooks, Manager, Parks & Recreation

Bob Hamilton, Division Director, Parks & Recreation

Deirdre D. Kyle, Specialist, Small Business Development

Della M. Lowery, Real Estate Specialist, PREM

Question: Was the selection meeting audiotaped?

Answer: Yes, selection meeting for RFP No. 2021-102-DML Carlin Park Food & Beverage

Concession Services was audiotaped.

Question: After “Notice of Award” was posted, did PBC receive protest against the selection?

Answer: No protests were received for RFP No. 2021-102-DML Carlin Park Food &

Beverage Concession Services.

Question: When was the commencing date of the contract?

Answer: The anticipated commencement date for the Lease Agreement for

RFP No. 2021-102-DML Carlin Park Food & Beverage Concession

Services was September 1, 2022.

Question: He failed operation of first ranking vendor, did PBC offered continuancy for the second ranking company?

Answer: Yes, the second ranking company was offered the opportunity to enter into the

Contract.

Question: RFP 2023-101-LMD is looking for responsible operator in Carlin Park under the identically same financial circumstances of RFP-2021-102-DML?

Answer: Yes, both RFPs have the same financial criteria.

Question: Supporting the advertised operation financial feasibility can you provide verified financial record(s) of gross sales of pervious vendor(s) in the past 5 or 10 or 15 or

20 years according to fiduciary duty of record keeping?

Answer: The process to obtain copies of the prior financial records is to submit a public records request. County will treat your question as a public records request and process accordingly.

Question: Without such useful (public) records can small business owner able to prepare responsive and responsible proposal or take the risk became insolvent by providing “quality service at affordable prices to visitors” ?

(Page 3, purpose of the RFP)

Answer: Under Florida Law, you are entitled to make a public records request, and if available, and otherwise not exempt, the records will be provided. Please advise if you have specific documents you are seeking.

Question: It is true statement: Transparent, honest RFP relies on its own written requirements and consistent with State of Florida Procurement regulation:

a/ Please clarify “material misrepresentation” falls into “irregularities” and;

b/ can be waived by moving against proposer(s) who did not commit the same.

c/ Can the committee waive missing occupational license, small business certificate and financial statement with assumption of irregularities’ by avoiding to declare such proposal unresponsive?

d/ The RFP-Coordinator MAY or MUST to check pertinent references in order to keep the public harmless?

Answer: Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

A responsive proposal is one which has been signed and submitted by the specified

Proposal Deadline, and has provided the information required to be submitted with the proposal. While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal. Proposals deemed to be non-responsive may be rejected without being evaluated by the Selection

Committee. The respondents must submit proposals that are complete, thorough and accurate. The Selection Committee will evaluate each proposal based on the criteria set forth in the RFP.

All references are checked.

Question: Can the selection Committee evaluate not existing proposal(s) in order to create illusion of competitiveness?

Answer: An RFP is a competitive process as it allows multiple interested parties to submit their proposal. It does not, however, require multiple proposals be received in order to proceed with evaluation, selection or recommendation of an awardee by the

Selection Committee.

Question: Can the Chair of Selection Committee evaluate any or all proposal

“conditionally”: over missing documents and unchecked references, for example bankruptcy and out of state criminal convictions?

Any and all material misrepresentation are waivable by sole discretion of PBC regardless to the nature and the lie?

It is true the “misrepresentation” is synonymous with the form of the lie and never constitutes minor irregularities?

It is a tool in hand of corrupt government employees to discriminate small and minority and women own business for their convenience or for retaliation purposes?

It is true that the misinterpretation of “minor irregularities” are open doors for bribes and premediated contra selection against defenseless business owners!

Answer: Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

A responsive proposal is one which has been signed and submitted by the specified

Proposal Deadline, and has provided the information required to be submitted with the proposal. While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal.

Proposals deemed to be non-responsive may be rejected without being evaluated by the Selection Committee. The respondents must submit proposals that are complete, thorough and accurate. The Selection Committee will evaluate each proposal based on the criteria set forth in the RFP.

2. Questions received from Carlos Fairbanks

Question: Can we include in the total invested capital the value of leased equipment?

Answer: Page 10 of the Concessionaire Lease Agreement – Article III – Section 3.02A

Concessionaire Site Improvements - #7 - Costs associated with acquisition or installation of personalty, such as furnishings, trade fixtures and equipment not permanently affixed to the Premises, or any other personalty whatsoever, shall not be included in the Minimum Capital Investment.

Question: Are we to understand that all comments to the lease must be submitted with the

RFP and no changes to the lease can be made after that? This is not our experience with previous RFP responses, because in order to have every detail of the lease examined, that would require a very expensive review of the lease by our attorney. We fully understand that all essential terms of the lease be final upon submission, but what about other elements of the lease?

Answer: Proposers must clearly state lease period and/or renewal options in their response.

Any lease terms other than those specifically outlined on Page 4 of the RFP document- must be justified, recommended by the Department and approved by the Board of County Commissioners. The County; however, reserves the right, at its sole discretion, to negotiate an alternate lease period and/or renewal options for proposals that are deemed advantageous to the County in areas other than site improvements.

Note: The County will not agree to any substantive changes which would invalidate the selection process.

Question: May we obtain the prior RFPs? We are think that is possible since they are public

Record? How would we go about that?

Answer: Yes, you may retrieve a copy of the previous RFP by accessing the following link:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Click on public access on the left side of the page.

Keyword Search: Carlin Park and use the one (RFP-410-2021-102-DML) dated

1.8.22.

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Question: Under Section III. Proposal Requirements, #4. g – Use of Subcontractors- Respondent must identify the name of any subcontractors; identify the services and provide a letter of commitment.

Can you clarify if what you mean is that we would need to list a subcontractor for our business if we were to subcontract services for our proposal, such as Bike

Rentals?

Or do you want a list of our general contractor and the “sub-contractors” that they may use for the remodeling or building, such as: electricians, A/C company, roofing company etc.?

Since we have not been selected, we have not finalized subcontractors for those services at this time, so we just would like to make sure we understood what subcontractors we would need to list and commit for submission.

Answer: All subcontractors who will be an ongoing part of business operations should be named, services to be provided should be identified, and a letter of commitment provided.

Question: If in year three, the concessionaire opted to invest $500,000+, would they be able to be bumped up to the 3x5 year lease terms?

Answer: The Proposer must clearly state the amount of capital investment in their response. Any capital investment proposed other than an initial investment for

Site Improvements as outlined on page 4 of the RFP document must be justified, recommended by the Department and approved by the Board of County

Commissioners.

Question: Are we allowed to perform work, remodeling, decorating outside of park hours?

Answer: You are allowed to work, remodel and decorate outside of park hours. That can be coordinated as long as the Parks Department has advanced notice, a schedule for the work and the work has been approved.

Question: Can deliveries occur outside of park hours?

Answer: There are no deliveries allowed outside park hours.

Question: Can we get the floor plan submitted by the prior concessionaire showing the table and chair layout as well as the location of the kitchen equipment? Is that something that we can access?

Answer: The process to obtain copies of the prior documents submitted in response to an

RFP is to submit a public records request. County will treat your question as a public records request and process accordingly.

3. Questions received from Ricky Berrios

Question: What is the range allowed for delivery? Can we deliver as far south to the pier?

Answer: Delivery is only allowed to the beach area directly behind the cafe.

Question: Can we transport the delivery of food by bicycle ? golf cart ?

Answer: No, delivery to beach area directly behind café must be by wait staff on foot.

Question: Can we use the kitchen as a catering kitchen for delivery to private events next door at the civic center, after sunset hours?

Answer: The kitchen may only be used for food preparation for service to restaurant patrons.

Question: Who is responsible for the exterior of the building, particularly the rotting wood on the exterior?

Answer: Page 21 of the Concessionaire Lease Agreement – Article VI – Repairs and

Maintenance of Premises - Section 6.01 - Responsibility of County - County agrees to repair and maintain in good order and condition, ordinary wear and tear excepted, the roof, the roof drains, exterior walls, exterior awnings, the utility lines outside the Premises (except for sewer lines clogged by grease or other

Concessionaire-created problems), foundations and structural portions of the

Premises. There is excepted from the preceding covenant, however: (i) repair, maintenance, or replacement of fixtures provided by Concessionaire; (ii) repair of damage caused by Concessionaire, its employees, agents, contractors, customers, licensees or invitees to the Premises; (iii) interior repainting and redecoration, whether or not caused by, or growing out of any breakage, leakage or defective condition of the electric wiring, air conditioning or heating pipes and equipment, closets, plumbing, appliances, sprinklers, other equipment, or other facilities serving the Premises; (iv) glass cleaning; (v) janitorial services for the Premises; and (vi) any fixtures, cooking hood, cooking equipment or fire suppression system whether inside the Premises or solely serving the Premises. County agrees to be responsible for painting the exterior of the Premises depicted on Exhibit “A” attached hereto, unless

Premises is damaged or defaced as a result of negligence by or act of the

Concessionaire or the Concessionaire’s patrons.

Question: In the event that maintenance/repairs need to be done (Hvac, hood exhaust cleaning, electrical fixes, etc.), is the licensed contractor allowed to do work outside of sunrise/sunset hours?

Answer: Yes, a license contractor will be allowed to work as long as the county is notified and approves such work.

Question: Are we allow to use our choice of licensed propane providers?

Answer: Yes, you are allowed to choose a provider of your choice.

Question: What size is the propane tank?

Answer: The specifications for the propane tank are not available from the Department.

We recommend contacting Town of Jupiter to see if they have permit details.

Question: What size is the grease trap?

Answer: The previous concessionaire leased a grease trap and it has been removed. It will be the responsibility of the new concessionaire to arrange for a grease trap on premises.

Question: Is the concessioner responsible for maintaining the grease trap?

Answer: Page 21 of the Concessionaire Lease Agreement – Article VI – Repairs and

Maintenance of Premises - Section 6.01 - Responsibility of Concessionaire -

Concessionaire shall protect the Premises through exercise of a high standard of maintenance. Proper maintenance shall include, but not be limited to, providing adequate custodial services, interior maintenance and repair, garbage and trash disposal, pest control, keeping the Concession area and equipment clear of debris and stains, and maintenance of fixtures. Concessionaire shall perform the following maintenance in the Premises on a regular and ongoing basis: a) clean interior and exterior walls, windows, doors, and surfaces; b) clean ceiling, floors, furnishings, lights, light bulbs, tubes, and concession equipment as is customary for a similar quality concession found in a public recreation facility in Palm Beach County c) keep patio furniture clean and free of stains.

Concessionaire shall maintain the Premises and all areas within 75 feet of the

Premises in a clean and sanitary condition, free of litter, refuse, and debris.

Concessionaire is not responsible for Parks restrooms and outside showers if operations end before 2:30pm (EST). Concessionaire operating past 2:30pm (EST) will be responsible to spot check Parks restrooms ensuring they are clean and stocked.

Concessionaire shall provide adequate refuse containers in the Premises.

Concessionaire shall regularly service all trash cans, including Park trash cans, if any, located within the Premises. The trash cans shall be emptied into the

Concessionaire provided dumpster which shall be located near the maintenance building daily in order to prevent the trash cans from overflowing. The

Concessionaire shall not use the trash cans located outside of their designated areas to handle refuse generated by their operations. All refuse generated by the

Concessionaire shall be deposited directly into the Park dumpster by concession staff.

Concessionaire shall repair all damages to Premises caused by, resulting from, or in any way arising out of Concessionaire’s operations or use of Premises, whether such damage is caused by Concessionaire, its agents, or its invitees. Concessionaire shall maintain and repair all equipment thereon including the air conditioning, heating, and plumbing systems, and the fire suppression system serving the Premises.

Concessionaire shall repaint, refurnish the facilities and replace furnishing and equipment as may be deemed necessary at the reasonable discretion of the

Department. Concessionaire shall provide maintenance, repair and replacement of any plumbing (including grease trap, if applicable), electrical, air conditioning/heating system or equipment inside the Premises which, whether connected directly to the building’s system or not, were installed by Concessionaire specifically to serve the Premises The Department reserves the right to, periodically throughout the Term of the Agreement, inspect or cause to be inspected the Premises, identify any maintenance or repair items and report, in writing, the nature of these items and recommend corrective action. Concessionaire shall promptly repair, replace, or repaint any damaged or defaced surfaces within seventy-two (72) hours of discovery or notification by the Department. Concessionaire is to provide a proposed schedule of cleaning, maintenance and repair of facilities.

Concessionaire shall immediately notify County of any possible health, safety and/or security hazards that may exist within any area, including use by unauthorized parties, so corrective actions can be developed and implemented. Neither County nor County’s agents or servants shall be liable for any damages caused by, or growing out of any defect in the Premises. In no event shall County be liable for damages or injuries arising from the failure to make repairs, nor shall County be liable for damages arising from defective workmanship or materials in making such repairs. Concessionaire waives the provision of any law, or any right Concessionaire may have under common law, permitting Concessionaire to make repairs at County’s expense.

Question: Can a bar top with seating be built within the East facing covered outside patio?

Answer: Yes, as long as it is only in the covered patio area. The specifications would be subject to approval by the County.

Question: Can you please provide the floorplan that would likely be in the prior RFP submitted by Hawkhaven/Wilsons?

Answer: The process to obtain copies of the prior documents submitted in response to an

RFP is to submit a public records request. County will treat your question as a public records request and process accordingly.

Question: The essential elements of the lease are not negotiable, but are other miscellaneous items negotiable?

Answer: Page 9, C4 of the RFP document, each Respondent shall submit with its proposal a detailed description of the Respondent’s Operational and Business Plan and will be evaluated per Page 18, Section IV. Evaluation of Proposals in the RFP.

If your question is about a specific item, please clarify.

4. Questions received from Delsia Brooks Hamilton

Question: Can I have copies of the sign-in sheets related to Carlin Park RFP No. 2023-101-

LMD; mandatory pre proposal meetings held on January 10, 2023 at Vista

Center, and Please also include the Carlin Park (Site visit) sign-up sheet as well.

Answer: The process to obtain copies of sign in sheets is to submit a public records request. County will treat your question as a public records request and process accordingly.

Question: Who owns the exhaust system, the hood inside the kitchen, and the fan motor over the roof?

Answer: EXHIBIT “H” TO THE CONCESSIONAIRE LEASE AGREEMENT

EQUIPMENT LIST

These items are owned by the County.

Question: Does the restaurant have a GREASE-TRAP and the location?

Answer: The restaurant does not have a grease-trap. Exhibit “H” to the Concessionaire’s

Lease Agreement Equipment List includes all equipment in the restaurant. It will be the responsibility of the new concessionaire to arrange for a grease trap on premises.

Question: Can the concessionaire operate a mobile/removable Hot-Dog Stand away from the restaurant? Serving Hot-Dogs and cold beverages?

Answer: Page 3, Section I C- Operation of the Premises- The concession services shall consist of the sale of food items, beverage items (non-alcoholic at a minimum, beer/wine upon successful licensing) sundry items and the option for bicycle rentals (no E-bikes). The concession services refers to services provided in the restaurant only.

Question: How many AMPS are available for electricity?

Answer: It is a 200-amp panel.

Question: What is the size of the breakers? (50 Amp, 30 Amp, 20 Amp ect.)

Answer: It has multiple amp breakers. The concessionaire will be responsible for not exceeding the electrical panel.

Question: The RFP permitted "only food delivery” to the sand. No beer, no wine.

Does the "food only" include a bottle of water or similar soft drinks?

Answer: Yes, soft drinks and water are allowed for beach service.

Question: In order to find out information on the electricity, gas, water usage through FPL, AMERIGAS, WASTE Management etc. I would know the former operators (companies) names, how do I obtain that information?

Answer: Lazy Loggerhead Café was the Concessionaire prior to issuance of this RFP.

Question: Do you have an approx. count or the size of the Parking lot?

Answer: The parking lot servicing the east side of the park is approximately 2.6 acres, including drive isles. Excludes Civic Center parking area.

Question: How many cars can park there?

Answer: There are 313 public parking spaces including handicap spaces on the east side of

A1A. Parking count excludes the Civic Site parking area.

Question: Does the County have a contract for waste oil removal?

Answer: The concessionaire would be responsible for contracting for waste oil removal services as a county contract is not available.

Question: Has the park designated a location for a waste oil deposit?

Answer: This would be the responsibility of the concessionaire, there is no waste oil deposit allowed on county property.

Question: Can Palm Beach County ensure: Awarded contractors will have first refusal rights" to operate food and beverage service in Carlin Park generally?

Answer: Exhibit “A-1” to the RFP depicts the Premises in Carlin Park which this RFP applies. This RFP does not apply to Food and beverage service in any other areas of Carlin Park.

Question: Can Palm Beach County secure awarded contractor`s interest against unlicensed, and uninsured mobile vendors, food trucks, ice cream trucks and temporary fruit and vegetable vendors, from selling smoothies etc., on the park grounds?

Answer: Parks Department does not allow these type of activities, except through a permit process for a special event.

Question: Can you provide a copy of the pavilion Rental Agreement used in the past?

Answer: Attached is a copy of the Pavilion Rental Agreement.

Question: Can pavilion-rentals be allowed to hire outside caterers before arranging services through existing concessioners, thus preventing competition?

Answer: Pavilion Rental Agreement does not allow for commercial activities.

Question: What is the earliest time of day can the concessionaire be allowed to enter the park?

Answer: Entry time, for the purpose of food preparation only, can be negotiated with the Parks Department if awarded contract.

Question: Can the concessionaire obtain a key to the entrance gate?

Answer: Yes, the concessionaire can obtain a key to the entrance gate.

NOTE: Please acknowledge receipt of this Addendum No. 4 by signing below and returning this page with your Proposal. Each Addendum to the RFP must be signed by an authorized agent and submitted with the Proposal or the Proposal may be deemed unresponsive.

Acknowledgement:

Respondent Date