RFP. 5-23-2019 HF approved.pdf

REQUEST FOR PROPOSALS

TO PROVIDE CONCESSION SERVICES

AT THE COUNTY’S OKEEHEELEE PARK

RFP NO. 2019-103-DML

Public notice is hereby given that Palm Beach County is soliciting proposals from qualified parties for the leasing of a 645 SF food and rental equipment concession building, together with a 1,670 SF fenced storage area, and lake access located at 7715

Forest Hill Boulevard, West Palm Beach, in Okeeheelee Park.

The awarded respondent will be accepting the property “AS-IS”. The awarded respondent will be responsible for providing, concession services consisting at a minimum of, the rental and/or sale of canoes, kayaks and other recreational equipment;

accessory items associated with the rental equipment; and the sale of prepackaged foods, non-alcoholic beverages, and sundry items.

A mandatory pre-proposal meeting will be held on Wednesday, June 26, 2019 at 10:30

A.M., in Room 2W-05, 2nd Floor, at the address below. A mandatory site visit will immediately follow the meeting.

All proposals must be submitted on the County’s form, hand delivered or mailed, and received no later than 2:00 P.M., Wednesday, August 7, 2019 to:

RFP No. 2019-103-DML

Recreational Rental Equipment Concession Services at

Okeeheelee Park

Property and Real Estate Management

2633 Vista Parkway

West Palm Beach, FL 33411-5604

Interested respondents may download the RFP at the County’s Purchasing Department’s website at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. To download a copy of the RFP, select the “Public Access” button to view Palm Beach

County solicitations, then enter “[2019-103-DML]” in the “Key Word Search” at top of the page. As they are issued, all amendments to this solicitation will be posted at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the respondent’s sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of proposals. For additional information regarding this RFP, please contact Della M. Lowery, at (561) 233-0239 or e-mail:

dlowery@pbcgov.org.

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

Publish: Sunday, June 9, 2019, and Sunday, June 16, 2019 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

RFP NO. 2019-103-DML

Request For Proposals (RFP) To Provide

Recreational Rental Equipment

Concession Services at

Okeeheelee Park

Owned by: Palm Beach County

G:\PREM\RFP\2019\Okeeheelee Park Watersports Concession\RFP.5-23-2019 HF approved

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 canoe, kayak and recreational rental equipment concession at the County’s Okeeheelee Park (the “Park”), located at 7715 Forest

Hill Boulevard, 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, services consisting of the rental and/or sale of canoes, kayaks and other recreational equipment; accessory items associated with the rental equipment; and the sale of prepackaged foods, non-alcoholic beverages, and sundry items.

(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.

B. Background

Palm Beach County’s Okeeheelee Park is a regional park consisting of over 1,700 acres located on both sides of Forest Hill Boulevard just east of the Turnpike and west of Jog

Road. The Park amenities include: lake frontage for all types of non-combustion engine boating activities and fresh water fishing, world class water skiing courses, a wake board cable and aqua fun park, BMX track, nature center, equestrian center and a 27-hole golf course. The Okeeheelee Park Water Sports Concession is located adjacent to the parking lot on the east side of the west entrance road to the Park just north of the first junction road.

Concession customers will utilize Clear Lake for all boating activities. Clear Lake is a recognized fish reserve and is centrally located in the Park and restricted to non-combustion engine boating activities.

C. Operation of the Premises

The Concession shall include the right to operate in an area consisting of a building with approximately 645 square feet of space and a fenced storage area of approximately 1,670 square feet and lake access as depicted in Exhibit “A-1” attached to the RFP (the

“Premises”). The operator of the rental equipment concession shall be responsible for providing for rent and/or sale of canoe, kayak and recreational equipment, accessory items associated with the rental equipment, prepackaged food, non-alcoholic beverages, and sundry items. The Respondent selected to operate the Concession on the Premises who then enters into a Concessionaire Lease Agreement (the “Agreement”), attached as Exhibit

“B” to the RFP, with County shall secure and maintain all permits and licenses required to operate the Concession as well as provide all necessary improvements, equipment and materials. The selected Respondent (the “Concessionaire”) shall operate the Concession as set forth in Section 4.02 of the Agreement. Minimum operating hours for the concession shall be 8 hours per day, 5 days per week during daylight hours including weekends from

June through August; 8 hours per day (5) five days per week during daylight hours on designated Palm Beach County School holidays and breaks throughout the entire year; and

8 hours per day on weekends during daylight hours from September through May.

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, June 9, 2019, and Sunday, June 16, 2019

RFP available for After 12:00 P.M. on Monday, June 10, 2019

Download from VSS:

Pre-Proposal Conference At 10:30 A.M. on June 26, 2019

(Attendance is Mandatory) 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 June 26, 2019

Questions and Comments Deadline At 2:00 P.M. on Wednesday, July 3, Proposal Deadline At 2:00 P.M. on August 7, 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 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 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” http://discover.pbcgov.org/fdo/Pages/PREM.aspx

(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 should do so during normal park operating hours 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 thirty (30) days after the Effective Date of the Agreement, and County terminates the Agreement as provided for therein, County may, at its sole option, either begin negotiations with the next highest-ranked Respondent who will then be considered the Selected Respondent, or issue a new RFP.

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 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

As they are issued, all addenda to this RFP will be posted under the applicable solicitation 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. 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.

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

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/webabb/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

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.

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

SECTION II

PROPOSAL REQUIREMENTS

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

RFP No. 2019-103-DML

Okeeheelee Recreational Rental Equipment Concession Services

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

$1,000.00 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 Plan / Business Plan

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

Respondent’s operational plan/business plan. The operational plan/business plan shall address, at a minimum:

a. Mandatory equipment, hours of operation (should meet or exceed minimum operating hours), and operating requirements as outlined in Section 4.02 of the

Concessionaire Lease Agreement, attached as Exhibit “B” to this RFP.

b. The operational plan/business plan must include a list of proposed recreational rental equipment, pre-packaged food, non-alcoholic beverages and sundry items, and the proposed prices for each.

c. The operational plan/business plan shall address, at a minimum, estimated transaction levels, estimated operation expenses and revenue, staffing levels, and estimated cost of concession equipment.

d. The operational plan shall include a marketing plan which addresses advertising, promotion and sales, and a training program designed to provide staff and the public with adequate knowledge in the safe use of all rental equipment.

e. 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.

f. Use of sub-contractors as Service Providers. Any Respondent who intends to subcontract out any of the services to be provided must include the names of the Service

Providers in its proposal together with a letter of commitment from each Service Provider.

5. Experience / Qualifications

Each Respondent shall submit evidence of Respondent’s experience and qualifications as a concessionaire of rental equipment, food, non-alcoholic beverages and sundry items. Respondent shall submit:

a. A detailed summary of the Respondent’s experience as a concessionaire of rental equipment, food, non-alcoholic beverages and sundry items. A minimum of three (3) years 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 is preferred.

b. Verifiable business references demonstrating Respondent’s experience in the operation, management and provision of services of a similar nature within the State of Florida. References must include (i) names, (ii) addresses, (iii) telephone numbers,

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

6. Revenue Proposal

County has set a minimum rental amount for this concession of $8,200 per year

($683.33 per month). Respondent shall provide the amount of the Respondent’s proposed rent (“Guaranteed Annual Rent”) plus a monthly commission fee percentage for calculating a commission fee amount of the annual gross sales (“Commission Fee”). The County has set a minimum Guaranteed Annual Rent for this Concession of $8,200 annually/$683.33 per month and a minimum 8% for the monthly Commission Fee. Respondents are free to propose higher amounts for the Guaranteed Annual Rent and Commission Fee.

For example, if the proposed Guaranteed Annual Rent is $18,000 per year/$1,500 per month and the proposed Commission Fee is 8.0%, a Commission Fee will be due when monthly gross sales exceed $18,750 ($18,000÷.08=$225,000÷12=$18,750). Additionally, respondents may provide higher levels of commission on certain sales streams to supplement but not replace the percentage of gross sales commission.

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", attached as 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.

9. Respondents should provide an executed 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. (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.

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 (27 points)

A maximum of 27 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 (25 points)

A maximum of 25 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 25 points. Each other proposal shall receive a proportionate reduction in points based on the rent proposed from highest to lowest amount proposed.

For scoring purposes only, it will be assumed that the Concession will generate

$400,000 in gross revenues.

Example = $400,000 gross revenues:

Bid #1: Annual Rent of $25,000 and Percentage Rent of 20%

Bid #2: Annual Rent of $35,000 and Percentage Rent of 15%

Bid #3: Annual Rent of $45,000 and Percentage Rent of 10%

Bid #1: Annual Rent $25,000

Percentage Rent = 20% of $400,000 = $80,000 – $25,000 =….. $55,000

Total: $80,000

Bid #2: Annual Rent $35,000

Percentage Rent = 15% of $400,000 = $60,000 – $35,000 =….. $25,000

Total: $60,000

Bid #3: Annual Rent $45,000

Percentage Rent = 10% of $400,000 = $40,000 – $45,000 =….. $ -0-

Total: $45,000

In this example, 25 available points would be awarded to Bid #1; Bid #2 receives 18.75 points (75% of high bid); Bid #3 receives 14 points (56% of high bid).

4. Financial Ability (18 points)

A maximum of 18 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.

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 canoe, kayak and recreational rental equipment concessionaire; and

WHEREAS, Concessionaire was selected through the competitive proposal process to use such property and improvements for canoe, kayak and recreational rental equipment through a Request for Proposal the terms and conditions of which are hereby incorporated into this Agreement by reference; and

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

WHEREAS, County is willing to allow such property and improvements to be used by Concessionaire for the uses set forth herein.

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

ARTICLE I

BASIC AGREEMENT PROVISIONS

Section 1.01 Premises In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of the Concessionaire to be observed and performed, the County provides to the Concessionaire, and Concessionaire accepts from County, the concession area designated on Exhibit “A-1” attached hereto and made a part hereof (the “Premises”) for the provision of canoe, kayak and recreational rental equipment, accessory items associated with the rental equipment; and the sale of prepackaged foods, non-alcoholic beverages, and sundry items (the “Concession”). The Premises includes a building with approximately 645 square feet of space, a fenced storage area of approximately 1,670 square feet, and a water access area. The Premises is located within Okeeheelee Park, located at 7715 Forest Hill Boulevard, West Palm Beach, FL (see Exhibit “A”, the Park aerial photograph.).

The Concessionaire acknowledges and agrees that County may independently operate a “Junior Olympic Kayak” program and associated “USCKT Advanced Kayak” classes, or other aquatic programs at Okeeheelee Park which may require shared use of the fenced storage area located in the Premises.

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

In the event that Concessionaire does not agree to the relocation as provided herein, this

Agreement shall be automatically terminated and the parties hereto shall be relieved of all further obligations hereunder; County shall not be liable to Concessionaire for any damages of any kind whatsoever.

Section 1.02 Parking

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

Section 1.03 Special Activities

Concessionaire shall submit a request to the County’s Director of Special Facilities, Parks & Recreation Department, in writing, at the address set forth in Section 18.03(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 earlier of the first day

Concessionaire opens its concession for business on the Premises or thirty (30) days after the Effective Date as defined in Section 18.16 (the “Commencement Date”), and shall extend for a period of three (3) years thereafter (the “Term”) unless sooner terminated pursuant to the provisions of this Agreement.

The exact date of opening shall be established by written notice from

Concessionaire to the Department at the addresses set forth in Section 18.03(a), which notice shall be provided at least 3 business days in advance of the anticipated

Commencement Date. If Concessionaire fails to open its concession for business within thirty (30) days after 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 periods 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 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, 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 One Thousand and no/100 Dollars ($1,000.00) 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

Annual Rent shall consist of both Guaranteed Annual Rent and Commission Fee as set forth herein.

A. Guaranteed Annual Rent. Concessionaire shall pay to the County

Guaranteed 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 Guaranteed Annual Rent is $. The initial monthly installment of

Guaranteed Annual Rent shall be due within fifteen (15) days after the Commencement

Date. Any Guaranteed Annual Rent payment hereunder for any fractional month shall be calculated and paid on a per diem basis using a 30-day month.

B. Commission Fee. Concessionaire shall pay to the County a Commission

Fee during the term of this Agreement in monthly installments, together with all applicable sales taxes thereon, on the 20th day of each month, without any prior demand therefor or any deduction, holdback or setoff whatsoever. Concessionaire shall pay County the amount by which % of the monthly gross sales derived from the operation of the concession on the Premises exceeds the monthly installment of Guaranteed Annual Rent

(“Commission Fee”) for the preceding month, if applicable. The initial monthly

Commission Fee shall be due within thirty (30) days after the Commencement Date. Any

Commission Fee payment hereunder for any fractional month shall be calculated and paid on a per diem basis using a 30 day month.

“Gross Revenues,” for the purpose of this Agreement, shall be defined as all sales or rentals of goods, merchandise, food, and services generated as a result of the

Concessionaire’s operations at or associated with the Park. This includes all sales or rentals made or advertised within the Park, advertised on the Concessionaire’s website associated with the Park, transactions conducted through the point of sale and bank accounts utilized by the Concessionaire for its Park operations, and sales or rentals generated by subcontractors or related entities whose sales or rentals are associated with the

Concessionaire’s authorized operations at the Park. Gross revenues shall not include:

1. tax collections,

2. gratuities,

3. funds collected on food consumed by the Concessionaire’s employees, or

4. funds that were collected but have been refunded to the customer.

Sales and rentals of goods and services and collections of sales tax shall be accounted for separately at the point of sale. If the Concessionaire is unable to do this, it shall calculate sales tax from gross receipts using a method approved by the Florida Department of

Revenue.

No later than the twentieth (20th) day of each month, Concessionaire shall provide County a completed Monthly Report of Concessionaire’s Gross Revenue utilizing the form attached hereto and incorporated herein as Exhibit “C” certifying the Gross Revenues for the preceding month.

The Commission Fee, together with the Monthly Report of Concessionaire’s Gross

Revenue, shall be delivered in full to the County at the address set forth in Section 2.04 by the deadline established above. The Guaranteed Annual Rent is the minimum rent due.

Concessionaire acknowledges that it shall not be entitled to reduced monthly rent should the monthly Commission Fee be less than the monthly installment of Guaranteed Annual

Rent This Section shall survive termination or expiration of this Agreement.

No later than the thirtieth (30th) day following each anniversary of the Commencement

Date, Concessionaire shall provide County a report prepared by an independent Certified

Public Accountant that states the amount paid to the County by the Concessionaire is in accordance with this Agreement.

Section 2.02 Adjustment to Guaranteed Annual Rent

On each anniversary date of the Commencement Date of this Agreement or any…