Okeeheelee Grill RFP HF Approved 12-11 Rev 12-30.pdf

RFP NO. 2021-101-DML

Request for Proposals (RFP) to Provide Concessionaire Services at

Okeeheelee Golf Course at Okeeheelee Regional Park North

Owned by: Palm Beach County

G:\PREM\RFP\2021\Okeeheelee Golf Course F&B Concession\RFP\Okeeheelee Grill RFP HF Approved 12-11 Rev 12-30.docx

SECTION I

REQUEST FOR PROPOSAL (RFP) GENERAL INFORMATION

A. Purpose

Palm Beach County (the “County”), a political subdivision of the State of Florida, is soliciting proposals for concessionaire services at the County’s Okeeheelee Golf Course at Okeeheelee Regional Park North located at 7715 Forest Hill Boulevard, West Palm

Beach, FL (the "Park”). An aerial photograph of the Park is attached as Exhibit “A” to the

RFP. The primary purpose of the service is to provide food and beverage to the golfing public. The concessionaire shall provide, at a minimum, the sale of food items such as sandwiches, hot dogs, snacks, beverages, including beer and wine, from the Okee Grill (as identified below) and the sale of beverages and snacks from mobile carts circulating throughout the golf course (the “Concession”). 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. The successful Respondent shall be required to enter into a Concessionaire Lease

Agreement, the form of which is attached as Exhibit “B”.

B. Background

The Concession consists of services provided at the Okee Grill which is located on the first floor of the recently expanded Okeeheelee Golf Course Clubhouse. The Concession also includes mobile cart service on the golf course. Okeeheelee Golf Course is a high volume, 27-hole golf course that opened just over 20 years ago. In Fiscal Years 2018 and 2019, Okeeheelee Golf Course hosted approximately 73,000 and 79,000 rounds of golf, respectively.

County revenue generated at the golf course for Fiscal Years 2018 and 2019 are as follows:

FY 2018

Greens Fees - $2,068,949

Range Fees - $101,380

Other Fees - $1,246

FY 2019

Greens Fees - $2,309,811

Range Fees - $ 100,081

Other Fees - $68

C. Operation of the Premises

The Okee Grill contains approximately 1,200 square feet of indoor space seating for 96 occupants, a 600 square foot service and prep area outfitted with County supplied kitchen equipment and fixtures (a list of which is attached as Exhibit A-2 to the Concessionaire

Lease Agreement), and approximately 500 square feet of outdoor seating for 20 occupants

(“Premises”). Respondents may obtain a copy of the floor plan from the Contact Person upon execution of a Non-Disclosure Agreement. The Concessionaire will also be required to provide mobile cart service on the 27-hole golf course, driving range and practice areas.

Mobile cart service shall consist of a minimum of two (2) carts. The Premises also includes two sets of restrooms which the concessionaire will be responsible for cleaning, maintaining and providing supplies, at its own cost and expense. The Respondent selected to operate the Concession on the Premises (the “Concessionaire”) shall, at its sole cost and expense, secure, maintain and comply with all permits and licenses as may be required to operate the Concession and vending machines, if any, including the sale of beer, wine and liquor, if providing, as well as provide all necessary improvements, equipment and materials for the operation of the Concession. The Concessionaire shall operate the

Concession as set forth in Concessionaire Lease Agreement. County shall have the right to bring in food and beverages from an outside vendor on a limited basis for specific golf tournaments.

D. 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 3, 2021, and Sunday, January 10, 2021.

RFP available for After 12:00 P.M. on Monday January

Download from VSS: 4, 2021.

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

Pre-Proposal Conference At 2:00 PM on Tuesday January 19, 2021, (Attendance is Mandatory) in the Training Room 1W49-1W-55, 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 Tuesday, January 19, 2021.

Questions and Comments Deadline At 2:00 P.M. on Tuesday, January 26, 2021

Proposal Deadline At 2:00 PM on Friday, February 12, (Proposal Due Date) 2021, 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 the Selection Committee) conjunction with the Selection

Committee Meeting).

Presentation to the Commission To Be Announced.

E. 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:

2633 Vista Parkway

West Palm Beach, FL 33411-5605

Telephone: (561) 233-0217

Fax: (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

Respondent’s activities. Any such unauthorized contact shall not be used as a basis for responding to this RFP. All parties attending the Pre-Proposal Conference will be advised of any changes to this RFP. 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.

F. Lobbying – “Cone of Silence”

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

(attached as Exhibit “C” to RFP) prohibits a Respondent or anyone representing the

Respondent from communicating with any Commissioner, or Commissioner’s staff, or others 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 mailto:dlowery@pbcgov.org http://discover.pbcgov.org/fdo/Pages/PREM.aspx 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.

G. 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.

H. Withdrawal of Proposal

A proposal may be withdrawn up until Friday February 12, 2021 at 2:00PM, the date and time set forth for submission of the proposals.

I. Late Proposals and Late Modifications

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

J. 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.

K. Cost 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.

L. 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, Respondents 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.

M. Oral Presentation(s)

Respondents may be required to make oral presentations, and possibly answer questions, in support of their proposal or to exhibit or otherwise demonstrate the information contained therein.

N. 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.

O. 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, which shall be comprised of County employees from the Property and Real Estate Management Division, Office of Equal Business Opportunity and the Parks and Recreation Department. 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 in Section III. Evaluation of

Proposals. 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.

P. Recommendation

After the ranking process, the County may elect, on the basis of the initial proposals received, to enter into negotiations for a Concessionaire Lease 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 a Concessionaire Lease 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 a Concessionaire

Lease 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 thirty (30) days after the Effective Date of the Concessionaire Lease Agreement and County terminates the Concessionaire Lease 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.

Q. Deposit

Proposers should be aware that under the terms of the Concessionaire Lease Agreement the selected Proposer must submit to the County a security deposit in the amount of $5,000 for the full performance of the terms of the Concessionaire Lease Agreement (the Security

Deposit) within 10 days of selected Proposer being notified of selection. See Section 1.08 of the attached Concessionaire Lease Agreement for more information on the Security

Deposit.

R. Right of Appeal/Protest

Any Respondent/Proposer may appeal/protest the Selection Committee’s recommendation for award 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 iayalacollazo@pbcgov.org. A protest is considered filed when it is received by the Director, mailto:iayalacollazo@pbcgov.org

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 respondent’s right to protest.

S. 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.

T. 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.

U. Rules; Regulations; Licensing Requirements

Respondents shall comply with all laws, ordinances, and regulations applicable to the Concessionaire Lease 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

Concessionaire Lease 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).

V. 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.

W. 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.

X. Palm Beach County Office of the Inspector General Audit Requirements

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.

Y. 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.

Z. Incorporation by Reference

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

AA. 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.

BB. Equal Business Opportunity Program

Policy. It is the policy of the Board of County Commissioners of Palm Beach

County, Florida, (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.

Affirmative Procurement Initiatives (APIs). The County’s Goal Setting Committee has approved the following API for this solicitation:

SBE Evaluation Preference for SBE Prime Respondents (Other Services Contracts less than

$500,000)

15 points (15% of the total evaluation points) are reserved for SBE prime respondents

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

SECTION II

PROPOSAL REQUIREMENTS

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. All Proposers shall submit two (2) original executed Concessionaire Lease

Agreements and five (5) copies of their proposal which shall be enclosed in a sealed envelope. Each envelope shall be addressed as follows:

RFP No. 2021-101-DML

Okeeheelee Golf Course

Property and Real Estate Management

2633 Vista Parkway

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.

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

A. Responsiveness

1. 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.

2. Failure of a Respondent to provide the information required by

Sections B.1., B.2., B.3., B.4., B.5., and B.6. below will cause the proposal to be deemed non-responsive. Proposals will be evaluated based on the points awarded as set forth in Section III, Evaluation of

Proposals.

B. Content of Response

1. 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.

2. Concessionaire Lease Agreement

Each Respondent shall submit with its proposal two (2) original Concessionaire

Lease Agreements executed by the Respondent, together with all exhibits, completed and executed, as applicable.

3. Operational and Business Plan

Each Respondent shall submit with its proposal a detailed description of the

Respondent’s operational plan/business plan. The selected Concessionaire shall be required to provide a daily menu, a to-go menu and a catering menu; shall operate the concession services, including the beverage/snack carts, seven (7) days a week, year round;

shall provide a minimum of two (2) new or like new (less than 3 years old) beverage carts in good working condition. See Section 4.02 of the Concessionaire Lease Agreement for additional operational details.

The operational plan/business plan shall address, at a minimum:

a. The operational plan shall include written plans and specifications showing Proposer’s plans to improve the Premises, if any, including layout, fixture plan, interior finish, and storefront, as well as all

Proposer-provided equipment needed to operate the concession and requiring installation to the building

b. Demonstrated green/environmental initiatives such as recycling, composting, locally sourced products, waste stream management, etc.

c. Hours of operation.

d. A Daily menu for dine in service, a daily “grab and go” menu for golfers, and a catering menu.

The daily menus shall include at least, but not limited to:

● Meals

● Soft Drinks

● Coffee, Tea

● Beer and Wine

● Burgers, Hot Dogs

● Appetizers

● Sandwiches using quality meat and cheese

● Salads

●To-Go Items including Hot Dogs, Burgers, and Sandwiches

● Gluten-free options

● Vegan and/or Vegetarian options

e. List of food, snacks, beverages, beer and wine; including prices for each item.

f. Number of beverage carts and condition of each cart.

g. A food and beverage manager.

4. Experience/Qualifications

Each Respondent shall submit evidence of Respondent’s and it’s food and beverage manager’s experience and qualifications as an operator/manager of a high quality food service concession, which experience should include catering to events of 80 to 100 people and the sale of beer, wine, and liquor. Respondent, and its food and beverage manager, shall submit as evidence of experience and qualifications:

a. A detailed summary of the Respondent’s experience as a food service concessionaire. A minimum of three (3) years of recent experience in the successful management and/or operation of a similar revenue-generating public or private concession of equivalent size and nature as described herein are required.

b. A detailed summary of the food and beverage manager’s experience as a food and beverage manager. A minimum of three (3) years of recent experience in the successful management of a similar revenue-generating public or private concession of equivalent size and nature as described herein are required.

c. Verifiable business references demonstrating Respondent’s experience in the operation, management and provision of services of a similar nature. References must include (i) names, (ii) addresses, (iii) telephone numbers, (iv) dates of operation, and (v) a contact person.

d. Verifiable business references demonstrating the food and beverage manager’s experience in the operation, management and provision of services of a similar nature. References must include (i) names, (ii) addresses,

(iii) telephone numbers, (iv) dates of operation, and (v) a contact person.

5. Revenue Proposal

The County has not set a minimum rental amount for this Concession. Respondents shall provide the amount of the Respondent’s proposed rent, for the initial term and any extensions thereof.

6. Financial Ability

Respondents and its subcontractors, if any, should submit at least one (1) of the following:

a. 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. 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. 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. 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 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.

7. 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 “E” to the RFP) in order to receive the

S/M/WBE evaluation preference points for SBE respondents. Only those firms certified by the County at the time submissions are due shall be eligible to receive the SBE evaluation preference points.

8. 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 “F” 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 prior to the issuance of this Notice of Solicitation/Request for Proposal. 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 “F, the Certification, together with the required Business

Tax Receipt at the time of proposal submission, shall receive five (5) points.

9. Respondents should provide an executed Drug-Free Workplace Certification

(Exhibit “G” to the RFP) indicating that Respondent has implemented a Drug-Free

Workplace Program that meets the requirements of Section 287.087, Florida Statutes.

10. Respondents should provide any additional information, as an attachment hereto, as Respondent may consider pertinent to indicate both financial and operational capabilities of the Respondent to operate the Concession.

11. It is the Respondent’s responsibility to assure receipt of all addendums. 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.

C. Standard Contract Provisions

All Respondents are required to execute the Concessionaire Lease Agreement, attached as Exhibit “B” to the RFP, including exhibits, and submit it to the County as part of Respondent’s proposal. Non-material details of this Concessionaire Lease Agreement may be altered as a result of negotiations with the Selected Respondent. If a Respondent has comments related to any of the provisions in the RFP and/or the Exhibits, such comments must be disclosed at the Mandatory Pre-Proposal Meeting. No alterations of the County’s standard contract provisions including the Format for Response will be permitted without prior written approval from the County Attorney’s Office and the PREM

Division.

D. Business Information

Each Respondent shall provide a detailed disclosure statement on the Disclosure of

Beneficial Interest form (attached as Exhibit “E” to the Concessionaire Lease Agreement) identifying the Respondent and the type of business making the proposal, i.e., Sole-

Proprietorship, Partnership, Corporation, LLC or Joint-Venture. A corporation-to-be-formed or other form of uncreated entities shall not be an acceptable Respondent. The

Disclosure of Beneficial Interests should identify all the individual owners of five percent

(5%) or more of the Respondent and/or any entities owning any portion of the Respondent.

A Respondent may not assign its proposal without County approval, and such approval shall be entirely discretionary on the part of County. A Disclosure is not required from individual Respondents, government agencies, or any entity registered with the Federal

Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

SECTION III

EVALUATION OF PROPOSALS

A. 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)

S/M/WBE and (6) Local Business.

1. Operational Plan/Business Plan (25 points)

A maximum of 25 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 (25 points)

A maximum of 25 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 (20 points)

A maximum of 20 points may be assigned to this category with the most points being given to the proposal which indicates the largest rental income to the County during the first year of the initial term of the agreement. The highest amount of proposed rent may receive the maximum 20 points. Each other proposal shall receive a proportionate reduction in points based on the rent proposed from highest to lowest amount proposed.

The proposed rent for the extension of the agreement will not be taken into consideration in determining the computation of rental income to the County nor the award of points under this section, as the extension is optional and the Concessionaire is under no obligation to continue with the agreement beyond the initial term.

For example:

Bid #1: Annual Rent for the first year of the initial term of the agreement of $10,000

Bid #2: Annual Rent for the first year of the initial term of the agreement of $20,000

Bid #3: Annual Rent for the first year of the initial term of the agreement of $30,000

In this example, 20 available points would be awarded to Bid #3; Bid #2 receives 13 points

(67% of high bid); Bid #1 receives 7 points (33% 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 demonstrated local businesses.

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

15 Points shall be awarded to certified S/M/WBEs that are a prime proposer.

B. Concessionaire Lease Agreement Award

A recommendation to award the Concessionaire Lease 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 a

Concessionaire Lease Agreement is approved by the Board. 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 Concessionaire

Lease Agreement by the County.

(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

EXHIBITS TO THE RFP ATTACHED:

Exhibit “A” Park Aerial

Exhibit “A-1” Premises

Exhibit “B” Concessionaire Lease Agreement

Exhibit “C” Ordinance No. 2003-018 (Palm Beach County Lobbyist

Registration Ordinance) as amended by Ordinance No. 2003-

055, Ordinance 2009-051, and Ordinance 2011-039

Exhibit “D” Format for Response

Exhibit “E“ EBO Schedules 1 and 2

Exhibit “F” Certification of Business Location

Exhibit “G” Drug-Free Workplace Certification

EXHIBIT “A” TO THE RFP

PARK AERIAL

EXHIBIT “A-1” TO THE RFP

PREMISES

Confidential Floor Plan available upon request by calling the RFP Contact Person Della M.

Lowery, Property Specialist Telephone: (561) 233-0217. Proposer shall be required to execute a Non-Disclosure Agreement before proposer may receive the confidential floor plan

EXHIBIT “B” TO THE RFP

CONCESSIONAIRE LEASE AGREEMENT

PALM BEACH COUNTY

A POLITICAL SUBDIVISION OF THE

STATE OF FLORIDA

BY AND THROUGH ITS

BOARD OF COUNTY COMMISSIONERS

(County) and

(Concessionaire)

CONCESSIONAIRE LEASE AGREEMENT

THIS CONCESSIONAIRE LEASE AGREEMENT, hereinafter referred to as

“Agreement” is made and entered into , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, 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”, (the “Park”) a portion of which Concessionaire desires to use for operation of a concession; and

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

WHEREAS, Concessionaire was selected through the competitive proposal process to use such property and improvements for food and beverage service through a Request for

Proposal 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 as the Okee Grill on Exhibit “A-1” attached hereto and made a part hereof (the “Premises”) for the provision of food and beverages (the “Concession”). The Okee Grill includes approximately 1,200 square feet of indoor space seating for 96 occupants, a 600 square foot service and prep area outfitted with County supplied kitchen equipment and fixtures listed on

Exhibit “A-2” attached hereto and made a part hereof, and approximately 500 square feet of outdoor seating (20 seats).The Premises is located within Okeeheelee Regional Park North, located at 7715 Forest Hill Boulevard, West Palm Beach, FL, and is shown in the Park aerial photograph. The Concessionaire shall also provide mobile food and beverage cart service on the 27 hole golf course, driving range, and practice areas (collectively, the “Golf Course

Area”).

Concessionaire shall operate its Concession within the boundaries of the Premises and

Golf Course Area 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. Park and concession staff may be required to park vehicles in designated locations to leave prime parking spots available to visitors.

Section 1.03 Special Activities

Concessionaire shall submit a request to the County’s Director of Special Facilities, Parks & Recreation Department, 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 first day Concessionaire opens its concession for business on the Premises (the “Commencement Date”), as provided for herein, and shall extend for a period of three (3) years thereafter (the “Term”) unless sooner terminated pursuant to the provisions of this Agreement. The Commencement Date shall occur no later than thirty (30) days after the Effective Date as defined in Section 19.16.

The exact Commencement Date shall be established by written notice from

Concessionaire to the Department at the addresses set forth in Section 19.03(a), which notice shall be provided at least 3 business days in advance of the anticipated Commencement Date.

If the Commencement Date has not occurred within thirty (30) days of the Effective Date, the same shall be considered an Event of Default by Concessionaire under Section 13.01, and

County shall have all remedies available to it under this Agreement.

Section 1.05 Option to Extend County hereby grants to Concessionaire, provided Concessionaire is not then in default of this Agreement, the right and option to extend the Term of this Agreement for two (2) successive period(s) of one (1) year each under the same terms and conditions as this

Agreement and commencing upon the expiration of the initial Term of this Agreement or any extension thereof. Any extension requested by Concessionaire shall be subject to approval by the Board of County Commissioners in its sole discretion. Concessionaire shall exercise its option to extend, if at all, by written notice to the Department received by the Department no sooner than one hundred fifty (150) days but no later than ninety (90) days prior to the expiration of the initial Term of this Agreement or any extension thereof. Failure of

Concessionaire to duly and timely exercise its option to extend the Term of this Agreement shall be deemed a waiver of Concessionaire's right to said extension option and all further extension options.

Section 1.06 Excuse of County’s Performance

Anything in this Agreement to the contrary notwithstanding, the County shall not be deemed in default with respect to failure to perform any of the terms, covenants and conditions of this Agreement if such failure to perform shall be due to any strike, lockout, civil commotion, war-like operation, natural disaster, invasion, rebellion, pandemic, military power, sabotage, government regulations or controls over which County has no amendatory powers, inability to obtain any material, utilities, service or financing, through Acts of God or other cause beyond the reasonable control of the County.

Section 1.07 Customer Service

Concessionaire shall place a sign provided by the Department in a location on the

Premises designated by Department, stating:

This business occupies space owned by Palm Beach County. If any customer cannot resolve any customer complaint with the business owner, they may forward the details of their complaint, in writing, to: Palm Beach County Parks

& Recreation Department, Attention: Golf Operations Supervisor, John Prince

Park, 2700 Sixth Avenue South, Lake Worth, FL 33461.

Concessionaire shall work diligently to resolve customer complaints including online reviews and comments regarding service or other issues.

Section 1.08 Amount of Deposit

Concessionaire, shall deposit with the County the sum of Five Thousand Dollars and no/100 ($5,000.00) as security for the full, faithful and timely performance of each and every term, covenant and condition to be performed by Concessionaire under this Agreement (the

“Security Deposit”) within 10 days of notice of selection for contract award. The security deposit shall be in the form of a cashier’s check made payable to the Palm Beach County Board of County Commissioners. The Security Deposit may be commingled with other funds of

County, and County shall have no liability for the accrual or payment of any interest thereon.

In the event of the failure of Concessionaire to keep and perform any of the terms, covenants and conditions of this Agreement to be kept and performed by Concessionaire, then the County, at its option, may appropriate and apply said Security Deposit, or so much thereof as County may deem necessary, to compensate the County for all loss or damage sustained or suffered by

County due to such default or failure on the part of Concessionaire. In no event shall the amount of said Security Deposit be deemed to limit Concessionaire’s liability under this

Agreement. Should any portion of the Security Deposit be so appropriated and applied by

County, then Concessionaire shall, upon the demand of County, forthwith remit to County a sufficient amount in cash to restore said Security Deposit to the original sum deposited, and

Concessionaire’s failure to do so within five (5) days after receipt of such demand shall constitute a default of this Agreement. Should Concessionaire comply with all of the terms, covenants and conditions of this Agreement and promptly pay all of the Annual Rent and

Additional Rent herein provided for as it becomes due, and all other sums payable by

Concessionaire to County hereunder, the said Security Deposit shall be returned in full to

Concessionaire within thirty (30) days of the expiration of this Agreement, or upon the earlier termination hereof.

ARTICLE II

RENT

Section 2.01 Annual Rent

Concessionaire shall pay to the County Annual Rent during the term of this Agreement in equal monthly installments, together with all applicable sales taxes thereon, on the first day of each month, in advance, without any prior demand therefor or any deduction, holdback or setoff whatsoever. The initial amount of Annual Rent is $___________________. The initial monthly installment of Annual Rent shall be due within fifteen (15) days after the

Commencement Date. Any Annual Rent payment hereunder for any fractional month shall be calculated and paid on a per diem basis using a 30-day month. The amount of Annual Rent for the first one (1) year extension is $________________________. Notwithstanding the foregoing, in no event shall the Annual Rent for the Extensions be less than the prior year’s

Annual Rent.

Section 2.02 Adjustment to Annual Rent

For the initial term of this Agreement and the second one (1) year extension, on each anniversary date of the Commencement Date the Annual Rent shall be adjusted by multiplying the then current Annual Rent by one hundred and three percent (103%).

For the first one (1) year extension the Annual Rent shall be adjusted to the amount on

Section 2.01 or by multiplying the prior year’s Annual Rent by one hundred and three percent

(103%), whichever is greater.

Section 2.03 Additional Rent Any and all sums of money or charges required to be paid by Concessionaire under this

Agreement other than the Annual Rent, shall be considered “Additional Rent”, whether or not the same is specifically so designated and County shall have the same rights to enforce due and timely payment by Concessionaire of all Additional Rent as are available to County with regard to Annual Rent.

Section 2.04 Rent Payments

Annual Rent and Additional Rent, as herein defined, shall be made payable to the Palm

Beach County Board of County Commissioners and shall be mailed upon receipt of invoice to the Palm Beach County Board of County Commissioners / Finance Department, P O Box 3977, WPB FL, 33402.

Section 2.05 Sales, Use and Rent, Taxes, Assessments, Ad Valorem, Non Ad Valorem Real and Personal Property Taxes

Concessionaire shall pay all sales, use or rent taxes assessed by any governmental authority against the Annual Rent and/or Additional Rent, if any, even if such tax is intended to be imposed against County. Concessionaire shall pay before delinquency all ad valorem and non-ad valorem taxes and assessments, whether general or special and all tangible or intangible personal property taxes and assessments of any kind or nature which may be levied by any governmental authority against the Premises, Concessionaire’s interest in the Premises, Concessionaire’s Alterations or personal property located on the Premises.

Section 2.06 Unpaid Fees, Holdover In the event Concessionaire fails to make timely payment of any rentals, fees, charges, and payments due and payable in accordance with the terms of this Agreement within ten (10) days after same shall…