CAMERON COUNTY

PURCHASING DEPARTMENT

REQUEST FOR PROPOSALS

RFP NUMBER: # 240502

RFP TITLE: POSSIBLE DEVELOPMENT OF A BOUTIQUE HOTEL ON CAMERON COUNTY

OWNED PROPERTY LOCATED AT ISLA BLANCA PARK ON SOUTH PADRE

ISLAND, TEXAS (Adjacent to the former Helipad Location & D.J. Lermas Pavilion)

DATE DUE: May 29, 2024 DUE NO LATER THAN 3:00 p.m.

RFP’s will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date.

Please return RFP ORIGINAL (marked “ORIGINAL”) AND ONE (1) COPY (marked “COPY”) sets and an electronic (PDF format file only) of your RFP submittal for review by evaluation committee in a sealed envelope. Be sure that return envelope shows the RFP Number, Description and is marked “SEALED RFP”.

RETURN RFP TO:

by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E.

Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520.

PRE-PROPOSAL MEETINGS SCHEDULE:

PRE-PROPOSAL MEETING DATE & TIME: Wednesday, May 8, 2024, at 11:00a.m. C.S.T.

PRE-PROPOSAL MEETING LOCATION: Cameron County Parks Administration Office, 33248 State Park Road 100-South, South Padre Island, Texas 78597

Proposal questions/clarifications must be submitted by: Wednesday, May 15th, 2024, before 5:00 pm C.S.T.

(e-mail to purchasing@co.cameron.tx.us or fax 956-550-7219 attention, Roberto C. Luna, Purchasing Agent)

For additional information or to request addendum email: Roberto Luna and/or Dalia Loera at Roberto.luna@co.cameron.tx.us or dalia.loera@co.cameron.tx.us Project specific questions should be directed to Joe E.

Vega – County Parks Dept. South Padre Island at (956) 761-3701.

YOU MUST SIGN BELOW IN INK. FAILUFE TO SIGN WILL DISQUALIFY THE OFFER.

Company Name: ___________________________________________________________________________________

Company Address: ____________________________________________________________________________

City, State, Zip Code: ____________________________________________________________________________

Historically Underutilized Business (State of Texas) Certification VID Number: _________________________________

Telephone No. ____________________________Fax No. _____________________e-mail_________________________

SIGNATURE:________________________________ Print Name:______________________________

How did you find out about this RFP? ________________________________________ (ex: Newspaper, Web, and Mail)

Is Bidder’s principal place of Business within Cameron County? □ Yes □ No If yes what City: ____________________________

Your signature attests to your offer to provide the goods and/or services in this RFQ according to the published provision of this RFP.

When an award letter is issued, this RFP becomes the contract. If an RFP required specific Contract is to be utilized in addition to this RFP, this signed RFP will become part of that contract. When an additional Contract is required a RFP award does not constitute a contract award and RFP / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued.

Bidders must sign each bid page to ensure you have read each page’s information, terms, conditions and/or required forms.

Failure to sign or initial each bid page will disqualify the BID/PROPOSAL offer.

mailto:purchasing@co.cameron.tx.us mailto:Roberto.luna@co.cameron.tx.us mailto:dalia.loera@co.cameron.tx.us

RFP # 240502 Boutique Hotel at Isla Blanca Page 2 of 42 Responder’s signature/Initials __________

ACKNOWLEDGMENT OF RECEIPT

POSSIBLE DEVELOPMENT OF A BOUTIQUE HOTEL ON CAMERON COUNTY OWNED

PROPERTY LOCATED AT ISLA BLANCA PARK ON SOUTH PADRE ISLAND, TEXAS (Adjacent to the former Helipad Location & D.J. Lermas Pavilion)

RFP # 240502

Please submit this page upon receipt

For any clarifications, please contact Mr. Roberto C. Luna, Purchasing Agent and/or Dalia Loera, Assistant Purchasing Agent at the Cameron County Purchasing Department office at: (956) 544-0871 or e-mail at: purchasing@co.cameron.tx.us

Please fax or e-mail this page upon receipt of RFP package no later than Friday, May 17, 2024 before 3:00 p.m. CST. All questions regarding this RFP should also be submitted no later than the stated date and time on RFP cover page.

Fax: (956) 550-7219 or E-mail: purchasing@co.cameron.tx.us

If you are unable to respond on this RFP solicitation, kindly indicate your reason for “Not Responding/No-Participation” below and fax or e-mail back to Cameron County Purchasing Department. This will ensure you remain active on our vendor list.

Date: _______________

(___) Yes, I will be able to submit an RFP submittal.

(___) No, I will not be able to submit an RFP submittal for the following reason:

Company Name: _______________________________________________________

Company Representative Name: __________________________________________

Company Address: _____________________________________________________

Phone #: ______________________ Fax #” ___________________________

E-mail Address: ________________________________________________________

RFP # 240502 Boutique Hotel at Isla Blanca Page 3 of 42 Responder’s signature/Initials __________

CHECK LIST

Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Proposer’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your RFP packet.

_X__ Cover Sheet

Your company name, address and your signature (IN INK) should appear on this page.

_X__ Instructions to Proposers

You should be familiar with all of the Instructions to Proposers.

_X__ Special Requirements

This section provides information you must know in order to make an offer properly.

_X__ Specifications / Scope of Work

This section contains the detailed description of the product/service sought by the County.

Attachments

_X__ Addendum Acknowledgment Form (Page 20 of 43)

Be sure to complete these form and return with packet.

_X__ Attachments A, B, C, D, E, F, G, H , I

Be sure to complete these forms and return with packet.

__X_ Minimum Insurance Requirements

Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110

This requirement is applicable for a building or construction contract.

__X__ Financial Statement

When this information is required, you must use this form.

Other - Final reminders to double check before submitting RFP

____ Is your RFP sealed with RFP #, title, Proposer’s Name, & return address, on outside?

____ Did you complete, sign and submit page 1?

____ Did you provide the number of copies as required on the cover page?

____ Did you visit our website for any addendums?

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

If not interested in responding please let us know why e-mail to: Purchasing@co.cameron.tx.us mailto:Purchasing@co.cameron.tx.us

RFP # 240502 Boutique Hotel at Isla Blanca Page 4 of 42 Responder’s signature/Initials __________

CAMERON COUNTY, TEXAS

REQUEST FOR PROPOSALS

PROPERTY LOCATED AT ISLA BLANCA PARK ON SOUTH PADRE ISLAND, TEXAS

(Adjacent to the former Helipad Location & D.J. Lermas Pavilion)

RFP # 240502

INSTRUCTIONS FOR SUBMITTING RFP’S

These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Proposers”) on behalf of Solicitations including, but not limited to, Invitations to RFP and Requests for Quotes.

Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your RFP with all appropriate supplements and/or samples. Prior to returning your sealed RFP response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

Addendums Column (updated Addendums). These Addendums must be signed and returned with your RFP in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual RFP award information can be accessed at:

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy.

Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy.

GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the Proposer as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any RFP NOT MEETING the Minimum Requirements specified will be rejected.

GOVERNING LAW: This invitation to RFP is governed by the competitive RFP requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this RFP, the Change(s) and addition(s) will be forwarded to all vendors involved as quickly as possible in the form of a written addendum only.

Verbal changes to RFP’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to RFP will not apply.

Sign the Vendor’s Affidavit Notice, complete answers to Attachments A,B, C, D, E , F , G, H, I and return all with your RFP.

CONFLICT OF INTEREST QUESTIONNAIRE:

For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter §176 of the Local Government Code by a person doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section §176.006, Local Government Code. A person commits an offense if the person violates Section §176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section §176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions.

can be downloaded at the following web site:

https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf

RFP # 240502 Boutique Hotel at Isla Blanca Page 5 of 42 Responder’s signature/Initials __________

DISCLOSURE OF INTERESTS:

This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.”

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions.

can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf

TEXAS ETHICS COMMISSION FORM 1295

All RFPs prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor.

All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted and printed. Form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of RFP award. There is no charge for this TEC online process.

Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at:https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm )

If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions.

tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/

PROPOSER SHALL SUBMIT RFP ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE RFP PACKET. In the event of inclement weather and County Offices are officially closed on a Proposal deadline day, RFP’s will be received unit 2:00 p.m. of the next business day. Proposals will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock.

RFP’s SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED

VOID AND UNACCEPTABLE.

PRESENTATIONS SEQUENCE TO EVALUATION COMMITTEE. Presentations to Evaluation Committee will be sequenced (in order) as determined by the utilization of RANDOM.ORG. Process will be conducted in the Purchasing Dept. with Auditor’s designee present.

SUCCESSFUL PROPOSERS WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding outcome of award.

PROPOSERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding proposers are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site:

https://www.cameroncountytx.gov/commissioners-court-agendas/

OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other proposers, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your RFP package.

PLEASE NOTE CAREFULLY

THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON SUMBITTING YOUR REPONSE. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF RFP. ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. ORIGINAL (marked “ORIGINAL”) AND ONE (1) COPY (marked “COPY”) sets and an electronic (PDF format file only) MUST BE SUBMITTED. Each RFP shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Proposals must be in the Purchasing Department BEFORE the hour and date specified.

2. Proposals MUST give full firm name and address of the proposer. Failure to manually sign RFP will disqualify it. Person signing RFP should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT.

3. Proposals CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by

Proposer or his authorized agent. No RFP can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason.

4. Written and verbal inquires pertaining to bids must give RFP Number and Company.

https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/ https://www.cameroncountytx.gov/commissioners-court-agendas/

RFP # 240502 Boutique Hotel at Isla Blanca Page 6 of 42 Responder’s signature/Initials __________

5. NO changes or cancellations permitted without written approval of Purchasing Agent. The County reserves the right to accept or reject all or any part of any RFP and waive minor technicalities.

6. This is a RFP inquiry only and implies no obligation on the part of Cameron County.

7. Partial RFP’s will not be accepted unless awarded by complete RFP.

8. It is expected that the Proposer will meet all state and federal safety standards and laws in effect on the date of the RFP, for the item(s) being specified, and the particular use for which they are meant.

9. It is the responsibility of the Proposer to ask any and all questions the Proposer feels to be pertinent to the proposal. Cameron County shall not be required to attempt to anticipate such questions for proposers. Cameron County will endeavor or respond promptly to all questions asked.

10. If PROPOSER takes exception to specifications or reference data, he will be required to provide details etc. as specified.

11. A proposal may not be withdrawn or canceled by the proposer without the written acknowledgment of the County for a period of sixty (60) days following the date designated for the receipt of proposal, and proposer so agrees upon submittal of the proposal.

12. If a Bid Bond is required in this Proposal it must be included in Proposers Sealed RFP package.

13. The County reserves the right to accept or reject all or any part of any RFP, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total RFP. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) RFP was received.

Cameron County retains the option to re-solicit at any time if in its best interest and is not automatically bound to renewal or re-solicitation. The County reserves the right to hold all RFPs for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this RFP award) as the need arises. The County also reserves the right to consider utilizing CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County.

14. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court.

15. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RFP. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent.

16. Proposals are scheduled to be opened and publicly acknowledged at the Cameron County Commissioners Courtroom, on the scheduled date and time specified on cover sheet of this RFP package. Proposers, their representatives and interested persons may be present. The proposals shall be opened and acknowledged only so as to avoid disclosure of the contents to competing proposers and shall remain confidential during negotiations. However, all proposals shall be opened for public review after the concession lease agreement is approved, except for trade secrets and confidential information contained in the proposal and identified by proposers as such.

17. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting concession agreement. All change orders to this RFP will be made in writing by the Cameron County Purchasing Department. Award of proposal does not constitute a concession agreement. A binding concession agreement will be negotiated by the Cameron County Property Manager and approved by the Commissioners Court after the proposal has been awarded.

18. No public official shall have interest in this RFP except in accordance with Vernon’s Texas Codes Annotated, Local

Government Code Title 5. Subtitle C, Chapter §171.

19. The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Cameron County.

20. All proposals meeting the intent of this RFP will be considered for a possible concession lease agreement negotiation.

21. Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority of addenda shall be vested in Cameron County Purchasing Department. Addenda will be mailed to all who are known to have received a copy of this RFP. Proposers shall acknowledge receipt of all addenda in writing.

22. Proposals must comply with all federal and state laws, County policy and local regulations.

23. Cameron County may request a presentation and additional information to determine proposer's ability to sufficiently meet these minimum responsible standards listed above.

24. Cameron County requests proposer to supply, with this RFP, a list of at least three (3) references. Include full name and title, address, telephone number, fax number and name(s) of contact person.

RFP # 240502 Boutique Hotel at Isla Blanca Page 7 of 42 Responder’s signature/Initials __________

25. Successful proposer shall defend, indemnify and save harmless Cameron County and all its officers, agents and employees from all suits, actions, or other claims of any person, persons, or property on account of negligent act or fault of the successful offered, or of any agent, employee, subcontractor or supplier in the execution of or performance under any contract which may result from proposal award. Successful proposer shall pay any judgment including costs, which may be obtained against Cameron County developing out of such injury or damages.

26. Any notice provided by this proposal or required by Law to be given to the successful proposer by Cameron County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Brownsville, Texas by Registered or Certified mail with sufficient postage affixed thereto, addressed to the successful proposer at the address so provided; this shall not prevent the giving of actual notice in any other manner.

27. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked.

INVOICES AND PAYMENTS: (a) Vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice.

Mail to: Cameron County, ATTN: Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery. Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax.

County shall furnish tax exemption certificate if required.

Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction. Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services.

Vendor shall submit two (2) copies of an itemized invoice showing RFP number and purchase order number to:

CAMERON COUNTY AUDITOR

ACCOUNTS PAYABLE

1100 EAST MONROE ST.,

BROWNSVILLE, TEXAS 78520

Please note that any payment due under this RFP award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County.

PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice.

All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this RFP in excess of the amounts quoted.

RFP # 240502 Boutique Hotel at Isla Blanca Page 8 of 42 Responder’s signature/Initials __________

CAMERON COUNTY, TEXAS

REQUEST FOR PROPOSALS (RFP)

RFP # 240502

POSSIBLE DEVELOPMENT OF A BOUTIQUE HOTEL ON CAMERON COUNTY OWNED

INSTRUCTIONS

PART I – GENERAL REQUIREMENTS

1.0 By order of the Commissioners’ Court of Cameron County, Texas, sealed proposals will be received for:

POSSIBLE DEVELOPMENT OF A BOUTIQUE HOTEL ON CAMERON COUNTY

OWNED PROPERTY LOCATED AT ISLA BLANCA PARK ON SOUTH PADRE ISLAND,

TEXAS (Adjacent to the former Helipad Location & D.J. Lermas Pavilion)

SEE EXHIBIT “A” WHICH FURTHER DESCRIBES THE PROPERTY

The County will entertain proposals for possible development of a Boutique Hotel located within Isla Blanca Park adjacent to the former Helipad Location and D.J. Lermas Pavilion south of the town limits of South Padre Island with an approximate walking distance to the Gulf of Mexico and Brazos Santiago Ship Channel. The County is interested in the development of a Boutique Hotel with a minimum of 20-25 rooms and possible amenities including conference and meeting rooms availability, dining facilities, outdoor eatery & bar facilities, retail, parking, landscaping, wi-fi/internet services, business services and possible family recreational facilities, (such as swimming pool, children swimming pool, water playground facility, game room, etc.). Depending on specifics of proposed activities, the County intends to negotiate a long-term ground lease and related concession agreement for part or all of said tract. Proposer shall be responsible for all improvements including but not limited to supplying utilities to the site, acquiring all permits necessary and environmental clearances from State and Federal Agencies (Texas General Land Office, U.S. Fish & Wildlife Service, U.S. Army Corps of Engineers, etc.) for the proposed concession business. Any persons interested in gaining additional details on this possible development opportunity should contact the Cameron County Purchasing Director or the Cameron County Parks & Recreation Director.

2.0 INCURRED EXPENSES: There is no expressed or implied obligation for Cameron County to reimburse for any expense incurred in preparing proposals in response to this request, and Cameron County will not reimburse anyone for these expenses. Cameron County will consider all RFP’s from all responsible proposers.

NOTE: Awarded proposer will be responsible for performing a complete survey of the proposed leased property which includes meets & bounds. A copy of the final survey as well as meets & bounds shall be provided to Cameron County in order to proceed with the project.

3.0 CASHIER'S CHECK AND FORFEITURE: Each RFP shall be accompanied by a Cashier's Check made payable to Cameron County in the amount of Five Thousand ($5,000.00) Dollars as a guarantee that if the Proposer receives an award, the Proposer will enter into a contract for services and submit proof of any required insurance. Checks of unsuccessful Proposers will be returned. If the successful Proposer fails

RFP # 240502 Boutique Hotel at Isla Blanca Page 9 of 42 Responder’s signature/Initials __________ to satisfy all pre-work requirements or commence work after award, that Proposer shall forfeit this security deposit. Cameron County shall retain it as liquidated damages.

4.0 GENERAL CONDITIONS: Proposers shall thoroughly examine the specific requirements, schedules, instructions and all other contract documents. RFP must set forth accurate and complete information as required by this RFP (including attachments). No plea of ignorance by the Proposer of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of Cameron County.

5.0. SITE INSPECTION: Before submitting a Proposal, Proposers are encouraged to visit the site and make all investigations and examinations necessary to ascertain site and/or local physical conditions and requirements affecting the full performance of the Concession Agreement and to verify any representations made by Cameron County, Texas, upon which the Proposer will rely. If the Proposer receives an award because of its RFP submission, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligations to comply in every detail with all provisions and requirements of the Concession Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Proposer for additional compensation or relief. Failure to do so will not relieve the successful Proposer from performing the contract in accordance with all terms and conditions as set forth.

Each Proposer attests, by signing this RFP that he/she has acquainted themselves with the park sites and fully understands there will be no recourse for negligence or oversight for not doing so.

6.0 ASSIGNMENT: The awarded Proposer shall not assign, transfer, convey, sublet, or otherwise dispose of any award or of any of its rights, title, or interests therein, without the prior written consent of the County Commissioners Court.

7.0 CONTRACT PERIOD: The Agreement resulting from this solicitation shall be a Long-Term Lease, which will be negotiated at the time successor is selected and RFP is awarded. It is understood that the County does not guarantee any specific amount of concession business under this agreement. Either party may cancel this Contract, in whole or in part for its convenience, by giving thirty (30) days prior notice in writing. However, the Proposer shall not be authorized to exercise this cancellation option during the first Ninety (90) days of the Contract.

a. Contact Joe E. Vega, Parks and Recreation Director at: phone (956) 761-3701 for questions and to make arrangement to inspect park sites.

8.0 RFP PRICE: Rent to be paid to the Cameron County Parks & Recreation Department will be on an annual flat rate to be paid as specified in the Concession Agreement on a Monthly basis at 1/12th of the Annual Rate. The Rental amount RFP shall remain firm during the period of the Contract.

PROPOSER hereby certifies that this RFP is made without prior understanding, agreement or connection with any corporation, firm or person submitting a RFP for the same materials, supplies, services or equipment and is in all respects fair and without collusion or fraud. Further, the PROPOSER hereby agrees to abide by all terms and conditions of this RFP and certifies that the person executing the RFP form is authorized to sign this RFP for the PROPOPSER.

Security Deposit shall be equal to one (1) month’s rent based on the Flat Rate.

9.0 PRE-AWARD SURVEY: After RFP opening and prior to award, County reserves the right to make a pre-award survey of proposer’s facilities and its operation to be used in the services and performance of this work.

Proposer agrees to allow all reasonable requests for inspection of such facilities or operations with two (2) working days advance notice. Failure to allow an inspection is cause for rejection of a RFP as non-responsive.

County reserves the right to reject facilities or equipment as unacceptable for performance as a result of the pre-award survey.

RFP # 240502 Boutique Hotel at Isla Blanca Page 10 of 42 Responder’s signature/Initials __________

10.0 MINIMUM REQUIREMENTS FOR RESPONSIBLE PROPOSAL:

A proposer must affirmatively demonstrate proposer’s responsibility. At a minimum, a prospective proposal must contain in the order presented here an outlined response to the following criteria:

A) Specific conceptual description of proposed development, and all associated services that will be offered for public use and enjoyment. Included the description of the time frame and critical action steps needed to be implemented by the team and the County in order to realize the implementation of the development.

B) A detailed description, preliminary if necessary, of physical improvements proposed for any development consistent with this RFP, include square footage, construction materials, architectural theme/design, landscape plans and traffic management. Conceptual architectural renderings to illustrate proposal, a site plan, floor plans, parking lot, landscaping. and other graphic detail is desirable. Describe the type of property and activities the development team envisions for the property site, and how they would seek to structure compensation or consideration to the County.

C) Identification by name and address of principal financial investors/supporters committed to the development, specifying estimated proportionate levels of involvement for each in the total project.

D) A detailed description of proposer's background and experience, specifically and only as it directly reflects to the proposed development and activities, and the proposers ability to assure success of the agency or center. Indicate the development of current projects, if any, and how those projects have been, and currently being capitalized.

E) Describe the development team, including roles and responsibilities. Include the description of the benefits to the County Park System when working with this development team.

11.0 RFP EVALUATION AND AWARD:

EVALUATION AND SELECTION CRITERIA

WEIGHTED QUANTITATIVE SCORING:

Each Vendor will be assigned a score of 0 - 4 by each evaluator for each criteria

4 = Very good / Exceeds expectations 3 = Above expectations 2 = Meets expectations 1 = Does not meet expectations 0 = non-responsive

Evaluators score by category will be multiplied by the assigned weight for each criteria by vendor then totaled.

Scoring for price will be a ratio and based on a pro rata factor of the best price submitted.

Once RFPs are reviewed and scored, a short list will be compiled. Interviews may be conducted with Proposers determined by total score rankings. Additional information may be required at that time.

Negotiations will begin with the Proposer selected for the project. Commissioners Court will make the final selection and possible approval of the contract.

An Evaluation Committee will review each proposal. Committee will be comprised of, but not limited to, County Staff. Proposer may be requested to appear before the Committee to answer questions or give additional information regarding the project or for a formal presentation.

Proposals will be evaluated as to the proposal, which offers the best overall project and is deemed to be the most advantageous and yield the greatest benefit to the County. Some specific elements the

RFP # 240502 Boutique Hotel at Isla Blanca Page 11 of 42 Responder’s signature/Initials __________

Committee will be evaluating are as follows:

1. Evidence of the proposer's background and experience demonstrating the capability to design, implement and operate a resort hotel concession operation similar in scope to that proposed at County Parks location and references. (25 points)

2. Financial and management ability to develop and operate the resort hotel concession and Financial

Statements as well as proposed management and marketing plan including proposed staffing and staff training and, if any, compliance with all applicable rules and regulations of any and all regulatory federal, state, and local agencies. (30 points)

3. Proposed highest and best use of the property including quality, variety and creativity of proposed concessioner operation. (15 points)

4. Minimum annual guarantee / rental to the County. (30 points)

TOTAL 100 points

At the discretion of the Committee, some or all proposals may be ranked in order of meeting the overall requirements of the highest and best use of concession project. The County reserves the right to negotiate with any, one, or all the ranked proposers. The Evaluation Committee will make a recommendation for award by the Cameron County Commissioners’ Court.

12.0 REJECTION OF RFP:

County expressly reserves the right to:

1) waive any defect, irregularity or informality in any proposal;

2) reject or cancel any RFP or parts of any proposal;

3) accept proposals from one or more proposers; or

4) procure the services in whole or in part by other means.

RFP # 240502 Boutique Hotel at Isla Blanca Page 12 of 42 Responder’s signature/Initials __________

PART II - REQUIRED DOCUMENTATION

Please note this Section may not address all documentation required by the RFP. The Proposer is cautioned to read the entire RFP to determine all requirements. CAMERON COUNTY RESERVES THE RIGHT TO REJECT

ANY RFP WHICH DOES NOT CONTAIN ALL INFORMATION REQUIRED BY THIS RFP.

Proposals shall include all of the information solicited in this RFP, and any additional data that the Proposer deems pertinent to the understanding and evaluation of the Proposal. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited.

Submittal of a RFP shall constitute the Proposer's agreement and intent to follow and adhere to all statements, offerings and monetary incentives contained within this Proposal.

In conjunction with other material and information requested in the RFP, all Proposers responding to this solicitation shall provide one (1) original (marked “ORIGINAL” , one (1) copy (marked “COPY”) and an electronic copy (PDF format file only) and all attachments of the following in 8 ½ " by 11" format, clearly legible, tabbed and in a binder. To achieve a uniform review process and to obtain a maximum degree of comparability, Cameron County requires that RFP information be submitted in the following order:

Table of Contents

List title of each tabbed section and title of any additional information included in this Proposal.

Tab 1 - Transmittal Cover (Format and Content: Please included in your RFP’s / RFQ’s as part of your cover).

Executive Summary (2 pages max.)

Submit a signed letter (Executive Summary) briefly addressing the services to be provided by Proposer.

Introduction ( 2 pages max.)

Proposals must include confirm that the firm will comply with all of the provisions in this RFP. If exceptions will be taken it should be so noted. Proposals must be signed by a company officer empowered to bind the company. A proposer's failure to include these items in their proposals may cause their proposal to be determined to be non-responsive and the proposal may be rejected. Include the following: Firms Name, Address, Phone #, Contact Name, Phone #, Email address.

Understanding of the Project ( 1 pages max.)

Proposers must provide a comprehensive narrative statement that illustrates their understanding of the project as proposed and detail schedule (timeline).

Methodology Used for the Project ( 1 page max.)

Proposers must provide a comprehensive narrative statement that sets out the methodology they intend to employ and that illustrates how their methodology will serve to accomplish the work and meet project schedule.

Management Plan for the Project ( 1 page max.)

Proposers must provide a comprehensive narrative statement that sets out the management plan they intend to follow and illustrates how their plan will serve to accomplish the work and meet project schedule.

Provide list specific to the personnel assigned to accomplish the work called for in this RFP; illustrate the lines of authority; designate the individual responsible and accountable for the completion of the proposed project.

RFP # 240502 Boutique Hotel at Isla Blanca Page 13 of 42 Responder’s signature/Initials __________

Provide a narrative description of the organization of the project team.

Provide a personnel roster that identifies each person who will actually work on the contract and provide the following information about each person listed and Title;

RFP MAG Guarantee per Proposal ( 1 page max.)

Proposer's MAG Guarantee associated with this offer.

Tab 2 - Proposed Concessionaire Information

a. Name of owner/operator

b. Address of concession owner/operator

c. Telephone & Fax number.

d. Identification by name and address of principal financial investors/supporters committed to the project, specifying estimated proportionate levels of involvement for each in the total project.

e. Include the name and telephone numbers of the designated individual(s), who will answer technical and contractual questions with respect to the proposal.

Tab 3 - Authorization to Do Business in Texas and Management / Organization Evidence of authorization and if incorporated: certificate of good standing issued by the Secretary of State of Texas indicating Proposer is authorized to conduct business within the State of Texas.

If Business is an individual: proof of registration with Cameron County doing business under assumed name (d/b/a).

Tab 4 - RFP Bond

Each RFP shall be accompanied by a Cashier's Check made payable to Cameron County in the amount of Five Thousand ($5,000.00) Dollars as a guarantee that if the Proposer receives an award, the Proposer will enter into a contract for services and submit proof of any required insurance. Checks of unsuccessful proposers will be returned.

If the successful Proposer fails to satisfy all pre-work requirements or commence work after award, that Proposer shall forfeit this security deposit. Cameron County shall retain it as liquidated damages.

Tab 5 - Minimum Annual Guarantee and Percentage Rental

Proposer must submit a list of all concession services to be provided. The Minimum Annual Guaranteed amount, which is the same dollar amount each year.

For the period of time during the term of the Concession Agreement that for the preceding twelve (12) month period, the successful Proposer shall pay the minimum annual guarantee indicated above on a monthly basis or appropriate percentage of gross receipts sales whichever is greater. The monthly minimum guarantee payment shall be due and payable in advance, without demand, by the first of the month. Percentage of gross receipts payments shall be due and payable on or before the 30th day of each anniversary year, commencing with the second year in which payments accrue under the Concession Agreement.

The term "Gross Receipts" as used herein shall include all monies paid or payable to the Concessionaire for sales made and/or for services rendered at or from the premises and any other revenue of the type arising out of or in connection with the Concessionaire's operations at the premises, including but not limited to, any sales made or services rendered at or from the premises by concessionaire's agents, subtenants, or subcontractors, provided that Gross Receipts shall not include:

a. Any taxes imposed by law which are separately stated to and paid by the customer and directly payable to a taxing authority by the concessionaire. Refunds and credits to customers for services or for merchandise returned or exchanged.

b. Amounts and credits received in settlement of claims for loss of, or damage to merchandise.

c. Amounts and credits received for merchandise returned to shippers, wholesalers, or manufacturers.

d. Amounts received from the sale of waste or scrap material or from the sale or trade-in of fixtures, equipment, or furniture owned by concessionaire.

e. The value of merchandise exchanged with or transferred to other operations of concessionaire.

f. Tips and gratuities received by employees of the concessionaire, which were not included in the bill

RFP # 240502 Boutique Hotel at Isla Blanca Page 14 of 42 Responder’s signature/Initials __________ presented to the customer.

g. Any value gained from trade-out of existing fixtures, furnishings and equipment acquired.

Tab 6 - Proposed Operating Budget and Financial Operating Statements

Proposed annual operating budget and pro forma statement of projected results of the proposed Cameron County Restaurant, food and beverages concession operation for each year of operation, identifying the source of funds to cover any initial capital requirements or deficits shown on the pro forma statement.

Proposer should submit balance sheets, statement of income, and statement of cash flow for the last two fiscal years.

Please note that any financial statements provided shall be audited by an independent certified public accountant, if such audited financial statements are available.

Financing Plan to include a detailed description of all financing sources including copies of loan commitment and documentation that all fees relating to such have been paid, verification of bank deposits for the startup and operation of the food and beverage concession or other documentation to show the current equity in the project, letters of commitment and contact names and numbers for verification.

Indicate if the proposer or any principals ever had a bond canceled or filed for bankruptcy. If so, provide a separate statement indicating the conditions and resolution of this matter.

Tab 7 - Security (Performance Bond)

The selected Proposer, within 30 days of the time of the execution of the Concession Agreement, shall furnish the County with a valid security (performance) deposit for the amounts detailed in Article VI of the Concession Agreement.

Tab 8 - Plans of Proposed Improvements to Property

Provide a conceptual plan and color copy of artist rendering detailing how proposer plans to develop the property and provide a detailed description of proposer's conceptual plan and marketing strategy. The conceptual plan shall include, at a minimum, the following:

a. The proposed layout of the proposed concession,

b. Ingress and egress points,

c. A front elevation of the proposed conceptual plan of all areas shown in Exhibit "A",

d. Architectural style, building materials and general design and color scheme,

e. Proposed signage and themes,

f. A design and description of any proposed kiosks, carts or free-standing concession stands, and

g. A design and description of any proposed improvements to the existing facility planned.

(Please note: All design documents must be reviewed and approved by Cameron County and the Parks Department prior to any construction. It is the responsibility of the selected Proposer to obtain and comply with all permits, licenses and authorizations as may be applicable from all governing agencies having jurisdiction over the area to be developed and operated as the Restaurant, Food, and Beverage Concession at the Parks location per RFP.)

Tab 9 - Minimum Proposed Investment in Concession Space

Provide a detailed summary of the minimum investment proposed in development of the concession area

Tab 10 - Time Frame

Describe the time frame for proposed construction of improvements of the proposed concession space. Project commencement date (number of months after lease is approved by the Cameron County Commissioners Court.)

Project completion date (open for business).

Tab 11 – Changes / Deviations

RFP # 240502 Boutique Hotel at Isla Blanca Page 15 of 42 Responder’s signature/Initials __________

Requested changes to Concession Agreement List any requested changes to the draft Concession Agreement. Each requested change shall reference the lease article and page number. All terms and conditions in the Draft Lease Agreement are final unless any requested changes are approved and agreed upon. The County has the right to negotiate the terms and conditions with the selected Proposer.

Deviations to…