RFP 4-12-2019 HF approved.pdf

RFP NO. 2019-102-RCB

Request For Proposals (RFP) To Provide Concessionaire Services at

Osprey Point Golf Course at Burt Aaronson South County Regional Park

Owned by: Palm Beach County

G:\PREM\RFP\2019\Osprey Point Food Concession\RFP. 4-12-2019 HF Approved.docx

SECTION I

REQUEST FOR PROPOSAL (RFP) GENERAL INFORMATION

A. Purpose

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

Osprey Point Golf Course at the County’s Burt Aaronson South County Regional Park

(the “Park”), located at 12551 Glades Road in unincorporated Palm Beach County, Florida.

An aerial photograph of the Park is attached as Exhibit “A” to the RFP. The operator of the concession shall be responsible for providing, at a minimum, sale of food items such as meals, sandwiches, hot dogs, snacks, beverages, including beer and wine, from the café and beverages/snacks from mobile carts circulating throughout the golf course (the

“Concession”). The concession operator shall also have the option of installing vending machines and selling liquor. The County desires that all those submitting proposals

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

B. Background

Osprey Point Golf Course is a high volume, nationally recognized 27 hole golf course that opened in November 2010. In Fiscal Years 2017 and 2018, Osprey Point Golf Course hosted approximately 99,000 and 98,000 rounds of golf, respectively. The Concession will be located in the newly constructed golf course café expected to open in the Summer of 2019. The Concession will also include a mobile cart service on the golf course.

County revenue generated at the golf course for Fiscal Years 2017 and 2018 are as follows:

FY 2017

Greens Fees - $3,658,381

Range Fees - $178,755

Other Fees - $30,000

FY 2018

Greens Fees - $3,647,561

Range Fees - $184,530

Other Fees - $24,000

C. Operation of the Premises

The Concession shall be located within the café as depicted in Exhibit “A-1” attached to the RFP (the “Premises”). The café consists of approximately 2,200 square feet of indoor space seating space for 139 occupants (dining room - seats 64, bar - seats 16), a 600 square foot full-service kitchen outfitted with equipment listed on Exhibit “A-2” attached to the

Concessionaire Lease Agreement (“Equipment Schedule”), and approximately a 512 square feet of outdoor seating (20 seats) (collectively, the “Café”). 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 Respondent selected to operate the Concession on the Premises (the “Concessionaire”) who then enters into a Concessionaire Lease Agreement (the “Agreement”), attached as

Exhibit “B” to the RFP, with County 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 Section 4.02 of the 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, April 7, 2019, and Sunday, April 14, 2019

Pre-Proposal Conference At 2:00 PM on Wednesday, April 24, (Attendance is Mandatory) 2019, in the PREM Conference Room, 2633 Vista Parkway, West Palm Beach, FL 33411-5605

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

Site Visit Immediately following the Pre-Proposal (Attendance is Mandatory) Conference on Wednesday, April 24, Questions and Comments Deadline At 2:00 P.M. on Wednesday, May 22, Proposal Deadline At 2:00 PM on Wednesday, June 5, 2019, (Proposal Due Date) at the Reception Desk, 2633 Vista Parkway, West Palm Beach, FL 33411- 5605. Immediately thereafter, the proposals will be opened and the names of the Respondents will publicly be read aloud

Selection Committee Meeting(s) To Be Announced

Oral Presentations (if requested by To Be Announced (may be in 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 Richard C. Bogatin, Manager, Property Management, 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: rbogatin@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 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, regarding its proposal i.e., a “Cone of Silence”. The “Cone of Silence” is in effect as of the deadline to submit the response to this RFP and terminates at the time the Palm Beach

County Board of County Commissioners (“Board”), or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process. The exceptions to the “Cone of Silence” specifically include contract negotiations during any public meeting, contract negotiations between any County employee and the intended awardee, public presentations made to the Board or any written correspondence at any time with any employee, County

Commissioner, or Advisory Board Member or Selection Committee Member, unless specifically prohibited by the applicable competitive solicitation process.

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

The proposal of the highest-ranked Respondent May Not be withdrawn prior to the contract award without forfeiture of the Deposit. All other proposals may be withdrawn in writing at any time after the recommendation of award without forfeiture of the Deposit.

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. Negotiations

After the Selection Committee has developed an overall ranking of each proposal, the

Selection Committee will review, discuss, and declare the proposal ranked the highest.

After the ranking process, the County may elect, on the basis of the initial proposals received, to enter into negotiations for an Agreement with the highest-ranked Respondent

(the “Selected Respondent”). If the County elects to initiate contract negotiations, these negotiations cannot involve changes in the County’s requirements or the Respondent’s proposal which would, by their nature, affect the basis of the competition previously conducted. If the County and the Selected Respondent cannot successfully negotiate an

Agreement, the County may terminate said negotiations and begin negotiations with the next highest-ranked Respondent, who will then be considered the Selected Respondent.

This process may continue until an Agreement has been executed or all Respondents have been rejected. No Respondent shall have any right against the County arising from such negotiations. If the Selected Respondent fails to open its concession business in the

Premises within fifteen (15) days after the certificate of occupancy of the building is issued or the Effective Date of the Agreement whichever is later, and County terminates the

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

Respondent, or issue a new RFP.

P. Right of Appeal/Protest

Any Respondent may appeal/protest a selection by submitting a written protest to the

Director, Facilities Development and Operations Department (“FDO”) 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 AWolf@pbcgov.org. A protest is considered filed when it is received by the Director, FDO. Failure to file a protest within five (5) days of the posting of the Notice of Intent to Award shall constitute a waiver of the respondent’s right to protest.

Q. 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.

R. 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.

S. Rules; Regulations; Licensing Requirements

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

Agreement contemplated herein, including those applicable to conflict of interest and collusion. Respondents are presumed to be familiar with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the Agreement, especially

Executive Order No. 11246 entitled “Equal Employment Opportunity” and as amended by

Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41

CFR, Part 60).

T. Review of Proposals

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

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, Contract Development and Control, and the Parks and Recreation Department. The Selection Committee will appoint one member of the

Selection Committee as Chairperson of the Selection Committee. 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.

U. 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.

V. 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.

W. 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.

X. 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 this website for any addenda that may have been issued. Addenda contains important information that may directly impact your proposal. Respondents should verify with the designated Contact Person prior to entering a proposal that all addenda have been received. Failure to account for an addendum may result in the rejection of your proposal as non-responsive.

Y. Incorporation by Reference

Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this

RFP by reference.

Z. 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 consultant has certified that the consultant and all of its subcontractors are registered in VSS.

AA. 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.

WAIVER of Affirmative Procurement Initiatives (APIs)

The Office of Equal Business Opportunity has waived the API requirements for this solicitation based on a determination that sufficient qualified S/M/WBEs are unavailable for the required services. SECTION II

PROPOSAL REQUIREMENTS

All proposals shall be enclosed in a sealed envelope. Each envelope shall be addressed as follows:

RFP No. 2019-102-RCB Osprey Point 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, Evaluations.

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. Deposit

Respondents shall submit with its proposal a security deposit in the amount of Five

Thousand Dollars and no/100 ($5,000.00) as required by the Agreement. The security deposit shall be in the form of a cashier’s check made payable to the Palm Beach County

Board of County Commissioners.

3. Agreement

Each Respondent shall submit with its proposal two (2) original Agreements executed by the Respondent, together with all exhibits, completed and executed, as applicable.

4. Operational and Business Plan

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

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

Agreement for additional operation details.

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

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

b. Hours of operation.

c. Daily and catering menus.

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

● Meals

● Soft Drinks

● Coffee, Tea

● Beer, wine, and liquor (if applicable)

● Burgers, Hot Dogs

● Appetizers

● Sandwiches using quality meat and cheese

● Salads

● To-Go Items

● Gluten-free options

● Vegan options

d. List of food, snacks, and beverages, including prices for each item.

e. Number of beverage carts and condition.

f. A food and beverage manager including experience and qualifications

5. Experience/Qualifications

Each Respondent shall submit evidence of Respondent’s experience and qualifications as an operator 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 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 food service concession, café or restaurant of equivalent size and nature as described herein are required.

b. 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.

6. Revenue Proposal

Respondents shall provide the amount of the Respondent’s proposed rent. The

County has set a minimum rental amount for this Concession of $48,000.00 annually/$4,000.00 per month (“Annual Rent”). Respondents are free to propose higher amounts of Annual Rent.

7. 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.

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 “E”) to the RFP (the "Certification") together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the respondent is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the respondent had a permanent place of business 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.

Local respondents who submit Exhibit “E”, the Certification, together with the required Business Tax Receipt at the time of proposal submission, shall receive five (5) points.

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

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

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

(Submittal of the Drug-Free Workplace Certification is optional, but it must be submitted with the Format for Response if the Respondent intends to submit it.)

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 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 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 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, non-profit corporations, 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) Local

Business, and (6) Green/Environmental Initiatives.

1. Operational Plan/Business Plan (35 points)

A maximum of 35 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. 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.

For example:

Bid #1: Annual Rent of $10,000 Bid #2: Annual Rent of $20,000 Bid #3: Annual Rent of $30,000

In this example, 20 available points would be awarded to Bid #3; Bid #2 receives 10 points (67% of high bid); Bid #1 receives 5 points (33.3% 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 as determined by the Selection Committee.

5. Local Business (5 points)

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

6. Green/Environmental Initiatives (5 points)

A maximum of 5 points may be assigned to demonstrated green/environmental initiatives within Operational Plan/Business Plan.

B. Concessionaire Lease Agreement Award

A recommendation to award the Agreement may be made for the Respondent whose proposal is the highest ranked by the Selection Committee after review of all responsive proposals. In the event that no eligible Respondent submits a proposal, the

County will have the option to extend the proposal response period or issue a revised RFP.

The County has the option to accept or reject any or all proposals for any reason whatsoever, in the County’s sole and absolute discretion. This RFP does not by itself obligate the County. The County’s obligation will commence only if an Agreement is approved by the 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 Agreement by the County.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

EXHIBITS ATTACHED:

A. Park Aerial

A-1 Premises

B. Concessionaire Lease Agreement

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

D. Format for Response

E. Certification of Business Location

F. Drug-Free Workplace Certification

EXHIBIT “A” TO THE RFP

Park Aerial

EXHIBIT “A-1” TO THE RFP

PREMISES

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 Café on Exhibit “A-1” attached hereto and made a part hereof (the “Premises”) for the provision of food and beverages (the “Concession”). The Café includes approximately 2,200 square feet of indoor space seating space for 139 occupants (dining room - seats 64, bar - seats 16). There is approximately 512 square feet of outdoor seating (20 seats), a 600 square foot full-service kitchen outfitted with equipment listed on Exhibit “A-2” attached hereto and made a part hereof. The Premises is located within Burt Aaronson South County Regional Park located at 12551 Glades Road, Boca Raton, 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 fifteen (15) days after the certificate of occupancy for the building is issued or the Effective Date, whichever is later.

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 fifteen (15) days after the certificate of occupancy for the building is issued or the Effective Date, whichever is later, 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 two (2) years 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 County 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, 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: Director, Special Facilities, John Prince Park, 2700 Sixth Avenue South, Lake Worth, FL 33461.

Concessionaire shall work diligently to resolve customer complaints regarding service or other issues.

Section 1.08 Amount of Deposit Concessionaire, simultaneously with its execution of this Agreement, has deposited with the County the sum of five thousand Dollars ($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”). 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.

Section 2.02 Adjustment to Annual Rent On each anniversary date of the Commencement Date of this Agreement or any extension thereof, the Annual Rent shall be adjusted by multiplying the then current Annual Rent by one hundred and three percent (103%).

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 Palm Beach County Parks and Recreation Department, 2700 6th Finance Division, 2700 Sixth Avenue South, Lake Worth, FL 33461.

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 become due and payable, interest at the rate of one and one half percent (1.5 %) per month (or the highest rated permitted by law if lower) shall accrue against the delinquent payment(s) from the date due until the date payment is received by County. Such interest shall constitute Additional Rent. Payments received after interest has started to accrue shall be applied to the accrued interest first and then towards the delinquent rent.

Notwithstanding the foregoing, County shall not be prevented from terminating this Agreement for default in the payment of rentals, fees, charges, and payments due to County pursuant to this Agreement or from enforcing any other provisions contained herein or implied by law. In the event Concessionaire shall holdover, refuse or fail to relinquish possession of the Premises at the expiration or termination of this Agreement, Concessionaire shall be strictly liable to pay to County during the entire period of such holdover, double Annual Rent, as provided for in Chapter 83.06, Florida Statutes. In addition to the Annual Rent, Concessionaire shall pay all other charges or costs imposed upon Concessionaire by this Agreement, all cost of insurance for which Concessionaire would have been responsible if this Agreement had been renewed on the same terms contained herein, and all sales taxes assessed against such increased Annual Rent. Such tenancy shall be subject to all the other conditions, provisions and obligations of this Agreement.

Section 2.07 Accord and Satisfaction

In the event Concessionaire pays any amount that is less than the amount stipulated to be paid under this Agreement, such payment shall be considered to be made only on account of the stipulated amount. No endorsement or statement on any check or letter shall be deemed an accord and satisfaction. The County may accept any check or payment without prejudice to County’s right to recover the balance due or to pursue any other remedy available to County pursuant to this Agreement or under the law.

ARTICLE III

CONDITION OF PREMISES, ALTERATIONS

Section 3.01 Acceptance of Premises by Concessionaire Concessionaire certifies that Concessionaire has inspected the Premises and accepts same “As Is”, in its existing condition at the Commencement Date, together with all defects, latent or patent, if any, and subject to all easements, encumbrances, restrictions and matters of record. Concessionaire further acknowledges that the County has made no warranties or representations of any nature whatsoever regarding the Premises including, without limitation, any relating to the physical condition of the Premises or any improvements or equipment located thereon, or the suitability of the Premises or any improvements for Concessionaire’s intended use of the Premises. Concessionaire agrees to provide such other equipment and perform any and all work at its own cost and expense which is necessary to fully equip and maintain the Premises for the lawful use of the Premises by Concessionaire as specified in Section 4.01 of this Agreement, unless the work is the responsibility of the County as specifically provided for in Section 6.02 of this Agreement.

Section 3.02 Concessionaire’s Alterations

Concessionaire shall be solely responsible for any and all improvements, repairs, alterations or other work necessary to render the Premises suitable for Concessionaire’s intended use. Concessionaire shall not install any permanent improvements within the Premises without Department’s written consent. Prior to commencing any work within the Premises, Concessionaire shall furnish to the Department for written and discretionary approval, plans and specifications showing equipment or utilities to be installed by Concessionaire within the Premises (“Alterations”). All work performed to the Premises, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit of Concessionaire, and not for the benefit of County, such work being nevertheless subject to each and every provision of this Agreement. Department’s approval of the plans and specifications submitted by Concessionaire in conjunction with Concessionaire’s Alterations may, at Department’s sole option, be contingent upon the receipt by the Department of a surety company payment and performance bond obtained by Concessionaire at its sole cost and expense. County shall be named as an Obligee on any payment and performance bond and said bond shall be issued by a surety company satisfactory to County, insuring completion of Concessionaire’s Alterations free and clear of all liens, encumbrances, chattel mortgages, conditional bills of sale and other title retention or security agreements or other charges, all in accordance with the plans and specifications approved by the Department.