REQUEST FOR PROPOSALS

TO PROVIDE CONCESSIONAIRE SERVICES

AT THE COUNTY’S CARLIN PARK

RFP NO. 2021-102-DML

Public notice is hereby given that Palm Beach County will soon be soliciting proposals for the leasing and operation of a full service food and beverage concession café of approximately

1,300 SF on the first floor of a two story building located at 601 South SR A1A, Jupiter, in the

County’s Carlin Park.

The awarded respondent will be responsible for providing, at a minimum, concession services consisting of the sale of various food, beverages (non-alcoholic at minimum, alcohol limited to beer and wine beverages upon successful licensing) and sundry items to the patrons of Carlin

Park.

The awarded respondent will be accepting the property “AS IS” and will be responsible to supply all necessary equipment and to obtain and maintain all necessary permits, including those associated with operating a food concession service.

A mandatory pre-proposal meeting will be held on Wednesday, February 9, 2022 at 2:00 P.M., in Room 1W-49/1W-55, 1st Floor at the address below. A mandatory site visit will immediately follow the meeting.

All proposals must be submitted on the County’s form, hand delivered or mailed, and received no later than 2:00 P.M., Friday, February 18, 2022 to:

RFP No. 2021-102-DML

Carlin Park Food & Beverage Concession

Property and Real Estate Management

2633 Vista Parkway

West Palm Beach, FL 33411-5604

As of January 18, 2022, interested respondents may download the RFP at the County’s

Purchasing Department’s website at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. To download a copy of the RFP, select the “Public

Access” button to view Palm Beach County solicitations, then enter “[2021-102-DML]” in the

“Key Word Search” at top of the page. As they are issued, all amendments to this solicitation will be posted at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the respondent’s sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of proposals. For additional information regarding this RFP, please contact Della M. Lowery, at (561) 233-0239 or dlowery@pbcgov.org.

The Board of County Commissioners may accept or reject any or all proposals for any reason whatsoever, in its sole discretion.

Publish: Sunday, January 16, 2022 and Sunday, January 23, 2022 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:dlowery@pbcgov.org

RFP NO. 2021-102-DML

Request For Proposals (RFP) To Provide Concessionaire Services at

Carlin Park

Owned by: Palm Beach County

G:\PREM\RFP\2021\Carlin Park Food & Beverage Concession\Drafts\Carlin Park RFP HF approved 1-5-22.doc

SECTION I. REQUEST FOR PROPOSAL (RFP) GENERAL INFORMATION

A. Purpose

Palm Beach County, Florida (the “County”), a political subdivision of the State of Florida, is soliciting proposals for the leasing and operation of a food service concession (the “Concession”) at the County’s

Carlin Park located at 601 South SR A1A, Jupiter, Florida (the “Park”). An aerial photograph of the Park is attached as Exhibit “A” to the RFP. The County desires that all those submitting proposals

(“Respondents/Proposers”) possess the experience and qualifications necessary to provide quality products and services at affordable prices to visitors of the Park.

B. Background

The Park is an oceanfront site consisting of approximately 120 acres located on both sides of SR A1A just south of Indiantown Road. The Park amenities include 3,000 feet of guarded beach frontage, playgrounds, family picnic shelters, single table picnic areas with grills, volleyball areas, restroom facilities, outdoors showers and salt water fishing. The food service concession is located on the east side of SR A1A just to the north of the guarded beach front entrance dune crossover.

C. Operation of the Premises

The concession shall include the right to operate in an area consisting of approximately 1,300 square feet of space on the first floor of a two-story building (“Premises”) as depicted on Exhibit “A-1” to the RFP.

Respondents may obtain a copy of the floor plan from the Contact Person upon execution of a Non-

Disclosure Agreement. 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). If the concession exercises the option of bicycle rentals the concessionaire shall submit an operating plan for Department approval. Bicycles are prohibited to be ridden on the upper promenade of the Park. The concessionaire will be responsible for funding, fabricating, and installing pre-approved Departmental signage addressing this rule. If the provision of bicycle service is included in the selected Respondent proposal and approved by the Department, Section 4.02 of the Agreement shall be modified accordingly.

The Respondent selected to operate the Concession on the Premises (the “Concessionaire”) who then enters into a Concessionaire Lease Agreement with County (the “Agreement”), attached as Exhibit “B” to the RFP, shall secure, maintain and comply with all permits and licenses required to operate the

Concession, including the sale of beer and wine, if provided, as well as provide all necessary improvements, equipment and materials. All equipment and supplies shall be provided by the

Concessionaire at its cost and will remain the property of the Concessionaire during the term of the

Agreement. The current food service provider may be willing to sell its equipment, to interested proposers. The current food service provider’s contact information may be obtained through the Contact

Person. The Concessionaire shall operate the Concession as set forth in Section 4.02 of the Agreement.

Any Respondent that intends to subcontract out any of the services to be provided must i) identify the name(s) of the subcontractor; ii) identify the subcontracted services; and iii) provide a letter of commitment to perform the services from the subcontractor. The subcontractor will be considered an integral part of Respondent’s proposal, and the selected Respondent will be responsible for a subcontractor’s performance under the terms of the Agreement.

There is opportunity for the Concessionaire to renovate and/or expand food and beverage sales to include a dedicated take-out area and/or additional indoor or outdoor dining at the current area or adjacent to the concession area (“Site Improvements”). Inclusion of such additional space is dependent on Department approval and must have a storage contingency for all seating, awnings and service items in the case of severe weather events, park closures or short-term venue closures for any other reasons. Any renovations must include the provision of equivalent ocean rescue space. The Premises are located within the boundaries of the Coastal Construction Control Line (CCCL). Any capital improvements would require permitting through CCCL, and any other entity having jurisdiction over the Park.

The Term of the Concessionaire Lease Agreement with the County (Agreement) is dependent upon the initial investment for Site Improvements as outlined below, and Sections 1.04 and 1.05 of the Agreement shall be modified accordingly:

1. A proposal ranging from no initial capital investment up to the amount of four hundred ninety-nine thousand and nine hundred and ninety nine ($499,999) dollars qualifies for a term of three (3) years, with an option to extend for two (2) successive period(s) of three (3) years each under the same term.

2. A proposal ranging from the amount of five hundred thousand ($500,000) dollars up to one million ($1,000,000) dollars qualifies for a term of five (5) years, with an option to extend for two (2) successive period of five (5) years under the same term.

3. An initial investment in excess of one million and one ($1,000,001) dollars qualifies for a ten (10) year period, with an option to extend for one (1) ten year period. 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.

D. Annual Rent, Percentage Rent and Security Deposit

The selected Respondent will be required to pay the County a minimum guaranteed annual rent plus a monthly Percentage Rent, plus all applicable taxes. The County has set the minimum rental amount for this Concession at $78,000.00 per year/$6,500.00 per month plus tax, the minimum monthly Percentage

Rent equal to 8% of gross revenues, and the deposit at $2,500.

SECTION II. INSTRUCTIONS TO RESPONDENTS

A. Timetable

The anticipated schedule and deadlines for the RFP are as follows:

Activity Date, Time and Location

Issue RFP Advertised in the Palm Beach Post on

Sunday, January 16, 2022, and Sunday, January 23, 2022.

RFP available for After 12:00 P.M. on Tuesday, January 18, 2022.

Download from VSS:

Pre-Proposal Conference At 2:00 PM on Wednesday, February 9, 2022, (Attendance is Mandatory) in Training Room 1W49-1W55, 2633 Vista

Parkway, West Palm Beach, FL 33411-5605

Respondents arriving more than 10 minutes late to the Mandatory Pre-Proposal Conference shall not be permitted to submit a proposal in response to this RFP.

Site Visit Immediately following the Pre-Proposal

(Attendance is Mandatory) Conference on Wednesday, February 9, 2022.

Questions and Comments Deadline At 2:00 P.M. on Monday, February 14, 2022

Proposal Deadline At 2:00 PM on Friday, February 18, 2022, (Proposal Due Date) at the Reception Desk, 2633 Vista Parkway, West Palm Beach, FL 33411-5605

Immediately thereafter, the proposals will be opened and the names of the Respondents will publicly be read aloud.

Selection Committee Meeting(s) To Be Announced.

Oral Presentations (if requested by To Be Announced (may be in conjunction the Selection Committee) with the Selection Committee Meeting).

Presentation to the Commission To Be Announced.

B. Contact Person

The Contact Person for this RFP is Della M. Lowery, Property Specialist, in the Palm Beach County

Property and Real Estate Management (PREM) Division. Mailing and e-mail addresses are:

West Palm Beach, FL 33411-5605

Telephone: (561) 233-0217

Fax No.: (561) 233-0210

E-mail: dlowery@pbcgov.org

Except during the Pre-Proposal Conference, explanations desired by Respondents regarding the meaning or interpretation of this RFP must be requested from the Contact Person listed above in writing (letter, fax or e-mail). If Respondents rely on information provided by any person other than the Contact Person regarding this RFP, they do so at their own risk. Respondents are advised that from the date of release of this RFP until award of the contract, no contact with County staff related to this RFP is permitted, except as authorized by the Contact Person and/or in conjunction with scheduled RFP activities. Any such unauthorized contact shall not be used as a basis for responding to this RFP. All changes to this RFP will be made by addenda and posted on the County’s VSS website at:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. All parties submitting proposals will receive notification by U.S. Mail, facsimile, or e-mail of the proposal that is recommended for selection.

Such recommendation may also be viewed at the County’s PREM website:

http://discover.pbcgov.org/fdo/Pages/PREM.aspx.

C. Lobbying – “Cone of Silence”

Respondents are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a

Respondent or anyone representing the Respondent from communicating with any Commissioner, or

Commissioner’s staff, regarding its proposal i.e., a “Cone of Silence”. The “Cone of Silence” is in effect as of the deadline to submit the response to this RFP, and terminates at the time the Palm Beach County

Board of County Commissioners (“Board”), or a County Department authorized to act on behalf of the

Board, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process. The exceptions to the “Cone of Silence” specifically include contract negotiations during any public meeting, contract negotiations between any County employee and the intended awardee, public presentations made to the Board or any written correspondence at any time with any employee, County Commissioner, or Advisory Board Member or Selection Committee Member, unless specifically prohibited by the applicable competitive solicitation process. Violations of this section of the ordinance are punishable by a fine of $250 per violation.

mailto:dlowery@pbcgov.org http://discover.pbcgov.org/fdo/Pages/PREM.aspx

D. Modified Proposal

A Respondent may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the Proposal Deadline. The Selection Committee will consider only the most recent version of the proposal.

E. Withdrawal of Proposal

A proposal may be withdrawn up until Friday February 18, 2022 at 2:00PM, the date and time set forth for submission of the proposals.

F. Late Proposals and Late Modifications

Proposals or modifications received after the Proposal Deadline are late and will not be considered.

G. Postponement/Cancellation

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all proposals, re-advertise this RFP, postpone or cancel this RFP process, or waive any irregularities in this RFP or in the proposal received as a result of this RFP.

H. Costs Incurred by Respondents

All expenses involved with the preparation and submission of proposals to the County, and any work performed in connection therewith, shall be borne by the Respondent.

I. Property Inspection

At the conclusion of the mandatory Pre-Proposal Conference, all potential Respondents must visit the

Premises. In the event an additional site visit is necessary, a Respondent shall make an appointment with the Contact Person. All parties who desire an additional site visit to inspect the Premises will be required to execute an indemnification/hold harmless and release in favor of the County and perform such inspection at their own risk. County assumes no liability for any injuries to people or equipment during such inspections.

J. Proprietary/Confidential Information

Respondents are hereby notified that all information submitted as part of, or in support of, proposals will be available for public inspection after opening of proposals, in compliance with Chapters 119 and 286, Florida Statutes, popularly known as the “Public Records Law” and the “Government in the Sunshine

Law”, respectively.

SECTION III. PROPOSAL REQUIREMENTS

A. Submission of Responses

All Proposers shall submit one (1) original and three (3) copies of their proposals and one copy on electronic media which shall be enclosed in a sealed envelope. Each envelope shall be addressed as follows:

RFP No. 2021-102-DML

Carlin Park Food & Beverage

Property and Real Estate Management

West Palm Beach, FL 33411-5604

The County will not be responsible for premature opening of or failure to open a proposal not properly identified. If the proposal is sent by mail, the sealed envelope shall be enclosed in a separate mailing with the notation “SEALED PROPOSAL ENCLOSED” on the face thereof.

Proposals, including those sent by mail, must be received and deposited at the designated location prior to the time and date for receipt of proposals indicated in the RFP, or any extension thereof made by addendum. Proposals received after the time and date for receipt of proposals will be returned unopened.

Proposals received from respondents who did not attend the mandatory pre-proposal meeting will be returned unopened.

The Respondent shall assume full responsibility for timely delivery of the Respondent’s proposal at the location designated for receipt of proposals. Oral, telephonic, faxed or e-mailed proposals are invalid and will not receive consideration.

NOTE: The County reserves the right to verify any/all information/references submitted by Respondent.

County reserves the right to obtain credit information on individuals and entities listed in the Format for

Response.

B. Responsiveness

Respondents must submit proposals that are complete, thorough and accurate. Proposals must be prepared in compliance with the provisions of this RFP as to form and content of proposals. Failure to comply with all provisions of this RFP will severely weaken your proposal’s evaluation and could result in your proposal receiving no consideration.

Failure of a Respondent to provide the information required by Sections C.2., C.3., C.4., C.5.,C.6, and

C.7. below may cause the proposal to be deemed non-responsive. Proposals will be evaluated based on the selection criteria set forth in Section IV, Evaluation of Proposals.

C. Content of Response

1. Table of Contents Required. Proposals should contain a Table of Contents. The Table of

Contents outlines in sequential order all of the areas of the proposal and it allows for clarity and ease of review of the proposal.

2. Format for Response Pages. Proposals shall be submitted on the Format for Response form (attached as Exhibit “D” to the RFP). All sections of the Format for Response shall be filled in/completed and the form must be signed by an authorized representative of the Respondent.

3. Reserved.

4. Operational and Business Plan. Each Respondent shall submit with its proposal a detailed description of the Respondent’s operational plan/business plan. The operational plan/business plan shall address, at a minimum:

a. Proposed equipment, hours of operation and operating requirements as set forth in

Section 4.02 of the Agreement. At a minimum, the concession shall be open during daylight hours, 6 hours a day, 7 days a week, including all weekends and holidays. An alternative schedule of operation may be proposed that provides at least 2,100 hours of operation per year and is subject to approval by the

Department.

b. A list of proposed Concession services detailing type, targeted audience and proposed schedule, equipment, pre-packaged food, non-alcoholic beverages, alcoholic beverages, if provided, snacks, and sundry items, and prices/fees for each component.

c. Estimated transaction levels, estimated operation expenses and revenue, staffing levels, and estimated cost of concession equipment.

d. A marketing plan addressing advertising, promotion and sales.

e. A training plan designed to provide staff and the public with adequate knowledge in the safe use of all rental equipment.

f. Plans and specifications for the Premises, including but not limited to layout, fixtures, interior finish, storefront, storage, proposed equipment to operate the Concession, etc.

g. Use of sub-contractors. Respondent must i) identify the name of any subcontractors; ii) identify the subcontracted services; and iii) provide a letter of commitment to perform the services from each subcontractor.

h. In the event Respondent elects to install Site Improvements for the operation of its concession business, Respondent shall provide:

i. A concept plan illustrating how the site would be developed to accommodate food and beverage sales to include a dedicated take-out area and/or additional outdoor dining in adjacent park areas in accordance with the Agreement and Development Rider (attached as Exhibit “C” to the Agreement).

ii. A proposed comprehensive timeline for the development of the Site

Improvements, including: supporting infrastructure; the construction schedule; cost estimates for the Site Improvements and supporting infrastructure; and a list of required furnishings, fixtures and applicable equipment. (A final timeline and cost estimates will be required within 90 days after County approval of the design and concept.)

iii. A minimum capital investment. Respondents shall include a proposed minimum capital investment plan for the design and construction of the proposed Site

Improvements. The proposed minimum capital investment plan shall become an obligation subject to the limitations set forth in the Agreement. No minimum dollar amount has been established for the minimum capital investment provided that the amount reasonably takes into consideration the proposed Site Improvements. Site

Improvements and/or betterments must have a useful life of more than three (3) years.

iv. Identify the proposed amount of initial capital investment as outlined of

Section 3.03C of the Agreement.

5. Experience/Qualifications. Each Respondent shall submit evidence of Respondent’s and its food and beverage manager’s experience and qualifications as an operator/manager of a high quality food service concession, which experience should include catering events of 80 to 100 people and the sale of beer and wine, if provided. Subcontractors will be considered an integral part of Respondent’s experience. Respondent shall:

a. Experience. Submit a detailed summary of the Respondent’s, or its principals’ and/or its subcontractors’, if any, experience and past performance as a food and beverage concessionaire. A minimum of three (3) year’s recent experience in the successful management and/or operation of a revenue-generating public or private business or concession of equivalent size and nature as described herein are required for the

Respondent and its subcontractor

b. Staffing. Provide a list of key personnel, including on-site manager. Provide resumes if available. Describe in detail the experience and qualifications, including relevant experience on previous similar projects, of key personnel, including on-site manager or designee who will manage and operate the Concession on a daily basis.

c. References. Provide verifiable business references demonstrating Respondent’s and subcontractors’ experience in the operation, management and provision of public or private services of a similar nature. References must include (i) names, (ii) addresses, (iii) telephone numbers, (iv) dates of operation, (v) scope of work and (vi) a contact person.

6. Revenue Proposal. Respondents shall provide the amount of the Respondent’s proposed rent (“Guaranteed Annual Rent”) plus a monthly Percentage Rent percentage for calculating a Percentage

Rent amount of the annual gross revenues (the “Percentage Rent”). The County has set a minimum

Guaranteed Annual Rent for this Concession of $78,000.00 annually/$6,500.00 per month and a minimum 8% for the Percentage Rent. Respondents are free to propose higher amounts for the

Guaranteed Annual Rent and the Percentage Rent. For example, if the proposed Guaranteed Annual Rent is $78,000.00 per year/$6,500.00 per month and the proposed Percentage Rent is 8%, a Percentage Rent will be due when monthly gross sales exceed $81,250.00.

7. Financial Ability. Respondent and its subcontractors, if any, shall submit at least one

(1) of the following:

a. Balance Sheets and Income Statements. Balance sheets and income statements for the current fiscal year and prior two (2) fiscal years of operation, prepared in accordance with generally accepted accounting principles and compiled by an independent Certified Public

Accountant or notarized by the Chief Financial Officer or owner; or

b. Federal Tax Returns. The company’s federal income tax returns for the previous three (3) years as completed and filed with the Federal Government. Sole proprietors should provide Schedule C from Form 1040 for the previous three (3) years. The Schedule C’s must be accompanied by a statement from an independent certified public accountant or a statement by the chief financial officer or owner, indicating that the Schedules are copies of the ones filed with the

1040; or

c. CPA Statement. A statement from an independent certified public accountant attesting to the financial stability of the organization for the current and prior two (2) fiscal years of operation; or

d. Bank Reference Letter. A reference letter from the Respondent’s/Subcontractor’s bank or financial institution indicating the bank’s relationship with the Respondent and providing a credit reference. At the time of issuance of the reference letter, the bank/financial institution must have a minimum peer group rating that meets or exceeds the threshold levels in at least two of the five approved services as listed below:

1. Thomson Reuters Bank Insight Quarterly Ratings - 50

2. IDC Bank Financial Quarterly Listing – 125

3. Veribanc, Inc. Listing – 3 Star Green Rating

4. Standard & Poor’s Listing – Single A

5. Moody’s Listing – Single A

The County reserves the right to request the execution of a guaranty agreement or the provision of any additional information considered pertinent to indicate any and all Respondent’s/subcontractor’s financial and operational capabilities. Further, the County retains the right to disqualify from further consideration any Respondent who fails to demonstrate sufficient financial stability to perform the pending contract.

8. Small Business Enterprise. Respondent must submit a copy of its S/M/WBE certification issued by the County and completed EBO Schedules 1 and 2 (Exhibit “C” to the RFP) in order to receive the S/M/WBE evaluation preference points. Only those firms certified by the County at the time submissions are due shall be eligible to receive the SBE evaluation preference points.

9. Local Business. Pursuant to Section 2-80.47 of the Palm Beach County Local Preference

Code, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

Respondents shall submit at the time of proposal submission the attached "Certification of

Business Location" (Exhibit “E” to the RFP) (the "Certification") together with a valid Business Tax

Receipt issued by the Palm Beach County Tax Collector, unless the respondent is exempt from the

Business Tax Receipt requirement by law, which will be used to verify that the respondent had a permanent place of business in Palm Beach County prior to the issuance of this RFP. The Palm Beach

County Business Tax Receipt and the Certification are the sole determinant of Business Location/Local

Preference points. Errors in the completion of the Certification or failure to submit this completed

Certification will cause the respondent to not receive points for Business Location/Local Preference.

Provided a respondent does not qualify to receive points for SBE participation, local respondents who submit Exhibit “E”, the Certification, together with the required Business Tax Receipt at the time of proposal submission, shall receive five (5) points.

10. Conflict of Interest Disclosure Form. Each Respondent shall provide a Conflict of

Interest Disclosure form completed and signed (attached as Exhibit “F” to the RFP). A corporation-to-be-formed or other forms of uncreated entities shall not be an acceptable Respondent. A

Respondent may not assign its proposal without County approval, and such approval shall be entirely discretionary on the part of County.

11. Addenda. It is the Respondent’s responsibility to assure receipt of all addenda. All changes to this RFP will be made by addenda and posted on the County’s VSS website at:

Each addendum to the RFP must be signed by an authorized person and be submitted with the proposal or the proposal may be deemed as non-responsive.

12. Optional Information. A Respondent may provide any additional information in its response that the Respondent considers pertinent to indicate both financial and operational capabilities of the Respondent to operate the Concession.

SECTION IV. EVALUATION OF PROPOSALS

A. Review of Proposals

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.

Respondents who fail to comply with the required and/or desired elements of this RFP do so at their own risk. Proposals deemed to be non-responsive may be rejected without being evaluated by the Selection

Committee.

B. Selection Committee

The Selection Committee shall be comprised of County employees from the PREM Division, Office of

Equal Business Opportunity and the Parks and Recreation Department.

C. Oral Presentation(s)

Respondents may be required to make oral presentations to the Selection Committee, and possibly answer questions, in support of their proposal.

D. Selection Criteria

Proposals shall be evaluated on the following criteria: (1) Operational Plan/Business Plan, (2)

Experience/Qualifications, (3) Revenue Proposal, (4) Financial Ability, (5) Local Business and (6)

S/M/WBE.

1. Operational Plan/Business Plan (28 points)

A maximum of 28 points may be assigned to this category with the most points being given to the proposal that indicates the best operational plan/business plan as determined by the Selection Committee.

2. Experience/Qualifications (20 points)

A maximum of 20 points may be assigned to this category with the most points being given to the proposal exhibiting the most relevant experience and best Respondent qualifications as determined by the

Selection Committee.

3. Revenue Proposal (22 points)

A maximum of 22 points may be assigned to this category with the most points being given to the proposal which indicates the largest rental and fee income to the County. The highest amount of proposed rent and fee may receive the maximum 22 points. Each other proposal shall receive a proportionate reduction in points based on the rent and fee proposed from highest to lowest amount proposed.

For scoring purposes only, it will be assumed that the Concession will generate $400,000 in gross revenues.

Example = $400,000 gross revenues:

Bid #1: Guaranteed Annual Rent of $78,000 and Monthly Percentage Rent of 8.5%

Bid #2: Guaranteed Annual Rent of $86,000 and Monthly Percentage Fee of 18%

Bid #3: Guaranteed Annual Rent of $94,000 and Monthly Percentage Fee of 13%

Bid #4: Guaranteed Annual Rent of $104,000 and Monthly Percentage Rent of 8.5%

Bid #1: Guaranteed Annual Rent $78,000

Percentage Rent = 8.5% of $400,000 = $34,000 – $78,000 = $0

Total: $78,000

Bid #2: Guaranteed Annual Rent $86,000

Percentage Rent = 18% of $400,000 = $72,000 – $86,000 = $0

Total: $86,000

Bid #3: Guaranteed Annual Rent $94,000

Percentage Rent = 13% of $400,000 = $52,000 – $94,000 = $0

Total: $94,000

Bid #4: Guaranteed Annual Rent $104,000

Percentage Rent = 8.5% of $400,000 = $34,000 - $104,000 = $0

$104,000

In this example, 22 available points would be awarded to Bid #4; Bid #3 receives 19.9 points

(90% of high bid); Bid #2 receives 18.2 points (83% of high bid); Bid #1 receives 16.5 points (75% of high bid).

4. Financial Ability (10 points)

A maximum of 10 points may be assigned to this category with the most points being given to the proposal which indicates the greatest financial ability to perform the services under this RFP as determined by the Selection Committee.

5. Local Business (5 points) *

A maximum of 5 points may be assigned to a demonstrated local business.

6. Small Business Enterprise (S/M/WBE) (15 points)

Up to 15 Points shall be awarded based on the level of SBE dollar participation committed to on the proposer’s team

* A local business receiving an SBE preference for a solicitation is not eligible to receive a local preference for the same solicitation

E. Rankings

The Selection Committee will appoint one member of the Selection Committee as Chairperson of the

Selection Committee. The Selection Committee will evaluate all responses to this RFP that meet the proposal requirements and are deemed responsive. At a public meeting, the Selection Committee members will meet and review and discuss all responsive proposals. After review and discussion, each

Selection Committee Member shall evaluate all proposals based solely on the information submitted with the proposal. Each Selection Committee Member will score each proposal by reviewing each proposal against the evaluation criteria listed above. The scores awarded for all criteria will be totaled, the scores will be tabulated and added to achieve the total points awarded to each proposal. Each Selection

Committee Member shall then rank each proposal based on the total points awarded with the highest point total ranked 1, the next highest ranked 2, etc. The ranking of each proposal by each committee member will be tabulated and then combined with other committee members’ rankings to determine the score for each proposal with the proposal with the most #1 rankings declared as the “finalist” which the committee will recommend for award of the contract.

F. Recommendation

After the ranking process, the County may elect, on the basis of the initial proposals received, to enter into negotiations for an Agreement with the highest-ranked Respondent (the “Selected Respondent”). If the

County elects to initiate contract negotiations, these negotiations cannot involve changes in the County’s requirements or the Respondent’s proposal which would, by their nature, affect the basis of the competition previously conducted. If the County and the Selected Respondent cannot successfully negotiate an Agreement, the County may terminate said negotiations and begin negotiations with the next highest-ranked Respondent, who will then be considered the Selected Respondent. This process may continue until an Agreement has been executed or all Respondents have been rejected. No Respondent shall have any right against the County arising from such negotiations. If the Selected Respondent fails to open its concession business in the Premises within sixty (60) days after the Effective Date of the

Agreement and County terminates the Agreement as provided for therein, County may, at its sole option, either begin negotiations with the next highest-ranked Respondent who will then be considered the

Selected Respondent, or issue a new RFP.

SECTION V. EQUAL BUSINESS OPPORTUNITY PROGRAM

A. Policy.

It is the policy of the Board that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the

County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30

(as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program.

B. Affirmative Procurement Initiatives (APIs).

The County’s Goal Setting Committee has approved the following API for this solicitation:

SBE Evaluation Preference for SBE Participation (Other Services Contracts $500,000 or greater)

____Up to 15% of total evaluation points shall be awarded based on the level of

SBE dollar participation committed to on the proposer’s team.

Evaluation Preference points shall be awarded on a sliding scale from zero up to fifteen

(15) percent of the total available evaluation points for scoring of proposals to those firms bidding on Other Services contracts valued at five hundred thousand dollars

($500,000.00) or greater. The sliding scale shall be based upon the relative level of SBE dollar participation that has been committed to on the proposer’s team (e.g., zero SBE participation on a proposer’s team shall yield zero evaluation points, whereas the maximum SBE participation among all proposers, at the prime contract and subcontract levels combined, shall yield award of fifteen (15) Evaluation Preference points out of one hundred (100); and a proposer’s team that achieves only half as many dollars in SBE participation as the firm with the greatest SBE dollar participation at the prime contract and subcontract levels combined shall be awarded seven and one-half (7.5) evaluation points out of one hundred (100).

Proposal Submission Documents. SBEs must include a copy of their County certification as an SBE and EBO schedules 1 and 2.

SECTION VI. TERMS AND CONDITIONS

A. Addenda

All addenda to this RFP will be posted as they are issued on the County’s on-line Vendor Self-Service

(VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService . It is the

Respondent’s sole responsibility to routinely check VSS for any addenda that may have been issued.

Addenda contains important information that may directly impact your proposal. Failure to account for an addendum may result in the rejection of your proposal as non-responsive.

B. Non-Discrimination

The County does not discriminate on the basis of race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information and the Selected Respondent will be required to adhere to the foregoing non-discrimination policy.

C. Rules; Regulations: Licensing Requirements

Respondents shall comply with all laws, ordinances, and regulations applicable to the Agreement contemplated herein, including those applicable to conflict of interest and collusion. Respondents are presumed to be familiar with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the Agreement, especially Executive Order No. 11246 entitled “Equal Employment

Opportunity” and as amended by Executive Order No. 11375, as supplemented by the Department of

Labor Regulations (41 CFR, Part 60).

D. Ineligible Respondents

Per Florida Statute 287.133, a person or affiliate who has been placed on the State of Florida convicted vendor list following a conviction for a public entity crime may not submit a bid for a period of thirty-six

(36) months from the date of being placed on the convicted vendor list. Respondents suspended from doing business with the County at the time this RFP is advertised are not eligible for proposal submittal.

E. Disclaimer

All documents and information, whether written, oral or otherwise, provided by County relating to this

RFP are being provided solely as an accommodation and for informational purposes only, and County is not making any representations or warranties of any kind as to the truth, accuracy or completeness, or the sources thereof. County shall have no liability whatsoever relating to such documents and information and all parties receiving the same shall not be entitled to rely on such documents and information, but shall have a duty to independently verify the accuracy of the information contained therein.

F. Palm Beach County Office of the Inspector General

Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector

General or interfering with or impeding any investigation shall be a violation of Palm Beach County

Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

G. Incorporation by Reference

Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this RFP by reference.

H. VSS Registration Required

Proposer must register in the County’s Vendor Self Service (“VSS”) at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService in order to propose on County contracts. If Proposer intends to use subcontractors, Proposer must also ensure that all subcontractors are registered as vendors in VSS.

All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a concessionaire has certified that the concessionaire and all of its subcontractors are registered in VSS.

I. Standard Form of Contract

The selected proposer will be expected to execute the County’s standard form of Concession Lease

Agreement attached hereto as Exhibit “B”. The sample contract document is for informational purposes and is not to be returned with the proposal. The County has standard contract terms which differ from those used by the private sector and which are not subject to negotiation. Such standard terms include, without limitation, the Concessionaire shall not be indemnified nor shall it be entitled to attorney fees or costs in the event of disputes and/or litigation concerning the agreement. The Concessionaire will agree, subject to any sovereign immunity limits as applicable, to indemnify County for any damages, losses, claims, expenses or fines incurred in relation to the contract. In addition, the County has certain minimum insurance standards with which the successful Proposer will have to comply. Those insurance requirements will be determined by the County’s Risk Management Department and are likely to be more expensive to comply with than would normally be required in private transactions.

The successful Proposer will be required to provide a contract security deposit in the amount of $2,500 as security for the performance of the Agreement. See Section 1.8 of Exhibit ”B” for more information on the contract security deposit.

J. Contract Award

1. Recommendation to Award. A recommendation to award the Agreement may be made for the Respondent whose proposal is the highest ranked by the Selection Committee after review of all responsive Proposals. In the event that no eligible Respondent submits a proposal, the County will have the option to extend the proposal response period or issue a revised RFP. The County has the option to accept or reject any or all proposals for any reason whatsoever, in the County’s sole and absolute discretion. This RFP does not by itself obligate the County. The County’s obligation will commence only if an Agreement is approved by the Palm Beach County Board of County Commissioners. The

County will not be responsible for any work done or expense incurred by the Respondents, even work done or expenses incurred in good faith, if it occurs prior to the execution of the Agreement by the

County.

2. Rights of Appeal.

Responsiveness Review. Any Bidder/Proposer may appeal/protest the responsiveness review results by submitting a written protest to the Director, Facilities Development and Operations

Department within five (5) business days after receiving notice from the Department of the results of the responsiveness review. Protests must be submitted in writing, must identify the protestor and the solicitation, must describe the grounds for the protest, and must be addressed to the Director, Facilities

Development and Operations Department, via hand delivery or mail to 2633 Vista Parkway, West Palm

Beach, FL 33411 or via email to IAyalaCollazo@pbcgov.org. A protest is considered filed when it is received by the Director, FDO. Failure to file a protest within five (5) days of receipt of the Department’s notice of the results of the responsiveness review results shall constitute a waiver of the proposer’s right to protest.

Final Selection Committee. Any Bidder/Proposer may appeal/protest a final selection by submitting a written protest to the Director, Facilities Development and Operations Department within five (5) business days after the posting of the Notice of Intent to Award by the Department. Protests must be submitted in writing, must identify the protestor and the solicitation, must describe the grounds for the protest, and must be addressed to the Director, Facilities Development and Operations Department, via hand delivery or mail to 2633 Vista Parkway, West Palm Beach, FL 33411 or via email to mailto:IAyalaCollazo@pbcgov.org

IAyalaCollazo@pbcgov.org. A protest is considered filed when it is received by the Director, FDO.

Failure to file a protest within five (5) days of the posting of the Notice of Intent to Award shall constitute a waiver of the proposer’s right to protest.

3. Debriefings. After the Notice of Intent to Award has been posted, any unsuccessful

Proposer may request a debriefing from the Director, PREM by calling the PREM Division at 561-233-

0217. The debriefing may include discussion of scoring and identification of areas where the Proposer’s response or presentation was not competitive, responsive or lacked clarity, so that the Proposer may improve its responses to future solicitations.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

mailto:IAyalaCollazo@pbcgov.org

Exhibits:

A. Park Aerial

A-1 Premises

B. Concessionaire Lease Agreement

C. EBO Schedules 1 and 2

D. Format for Response

E. Certification of Business Location

F. Conflict of Interest Form

EXHIBIT “A” TO THE RFP

PARK AERIAL

EXHIBIT “A-1” TO THE RFP

PREMISES

Approximately 1,300 square feet of space on the first floor of a two-story building located in the County’s

Carlin Park at 601 South SR A1A, Jupiter, Florida (a portion of PCN 30-43-41-05-00-004-0060).

Premises

EXHIBIT “B” TO THE RFP

CONCESSIONAIRE LEASE AGREEMENT

between

PALM BEACH COUNTY

A POLITICAL SUBDIVISION OF THE

STATE OF FLORIDA

(County) and

(Concessionaire)

CONCESSIONAIRE LEASE AGREEMENT

THIS CONCESSIONAIRE LEASE AGREEMENT, hereinafter referred to as the “Agreement” is made and entered into , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as “County” and

______________________, a ________________, (type of entity) (EIN: # ______________), hereinafter referred to as “Concessionaire”.

W I T N E S S E T H:

WHEREAS, County is the owner of certain real property, including the improvements located thereon, as more specifically described hereinafter and as shown in the aerial photograph attached hereto as Exhibit “A”, a portion of which Concessionaire desires to use for operation of a concession; and

WHEREAS, Concessionaire has demonstrated experience as a food and beverage concessionaire;

and

WHEREAS, Concessionaire was selected through a competitive proposal process to use such property and improvements for food and beverage service through a Request for Proposal (“RFP”) the terms and conditions of which are hereby by reference incorporated into this Agreement; and

WHEREAS, Concessionaire has indicated a willingness and demonstrated the ability to properly finance, operate, and manage said activities in accordance with the terms of this Agreement; and

WHEREAS, County is willing to allow such property and improvements to be used by

Concessionaire for the uses set forth herein.

NOW THEREFORE, in consideration of the rents, covenants and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

ARTICLE I

BASIC AGREEMENT PROVISIONS

Section 1.01 Premises

In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of the Concessionaire to be observed and performed, the County provides to the Concessionaire, and

Concessionaire accepts from County, the concession area designated on Exhibit A-1 attached hereto and made a part hereof (the “Premises”) for 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). If the concession exercises the option of bicycle rentals the concessionaire shall submit an operating plan for Departmental approval. The Premises shall include approximately 1,300 square feet on the first floor of a two-story building. The Premises is located within Carlin Park, 601 South SR A1A, Jupiter, Florida 33477, and is shown in the aerial photograph attached as Exhibit “A” (the “Park”).

Concessionaire shall operate its concession within the boundaries of the Premises as set forth herein. The Parks and Recreation Department (“Department”) reserves the right to make such amendments, changes and revisions to the configuration of the Premises as Department, in its sole discretion, may deem proper. Construction may at times impact the operation of this concession. The

Department, at its option, reserves the right to relocate Concessionaire’s facilities within the Premises into another area of similar size. In the event that Concessionaire does not agree to the relocation as provided herein, this Agreement shall be automatically terminated and the parties hereto shall be relieved of all further obligations hereunder; County shall not be liable to Concessionaire for any damages of any kind whatsoever.

Section 1.02 Parking

Vehicle parking at the Park is designated exclusively for visitors participating in recreational activities at the Park, as well as Park and Concession staff, on a first-come, first-served basis.

Section 1.03 Special Activities

Concessionaire shall submit a request to the Department’s Director of Special Facilities, in writing, at the address set forth in Section 19.03(a) of this Agreement, at least five (5) business days in advance in the event the Concessionaire desires to hold special activities; however, permission to allow special activities will be granted or denied at Department’s sole and absolute discretion.

Section 1.04 Length of Term and Commencement Date

The term of this Agreement shall commence upon the Commencement Date as defined herein and shall extend for the period listed below after the Concessionaire opens its concession for business on the

Premises (the “Term”) unless sooner terminated pursuant to the provisions of this Agreement.

A range between no initial capital improvement investment ($0) and up to…