Palm Beach County Board of County Commissioners County Administrator Melissa McKinlay, Mayor Verdenia C. Baker Mack Bernard, Vice Mayor Hal R. Valeche Paulette Burdick Dave Kerner Steven L. Abrams Department of Airports Mary Lou Berger www.pbia.org

REQUEST FOR PROPOSALS

RFP NO. PB 18-5

Palm Beach County Board of County Commissioners and Palm Beach County Department of Airports are seeking proposals for:

COMMON USE AIRPORT LOUNGE

PALM BEACH INTERNATIONAL AIRPORT

Date issued/available for distribution: Wednesday, February 21, 2018

Proposers must submit one (1) unbound original and seven (7) hard copies, PLUS one

(1) electronic copy in a PDF format on a CD or flash drive, of the complete proposal to be received in the offices of the Department of Airports no later than Wednesday, April 4, 2018, 3:00 p.m. local time. See Section 1.8 of this RFP for mailing instructions.

Mandatory Pre-Proposal Conference: At 10:00 a.m. local time, on Wednesday, March 7, 2018 (See Section 1.5 of this solicitation).

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR SUBMISSION OF PROPOSALS AND THE RFP NUMBER.

C A U T I O N As they are issued, all amendments to this solicitation will be posted under the applicable solicitation on our website at: http://www.pbia.org/business/bids/. It is the sole responsibility of proposers to routinely check this website for any Amendments that may have been issued prior to the deadline for submission of proposals. Palm Beach County shall not be responsible for the completeness of any solicitation/RFP package not downloaded from this website or purchased directly from the Palm Beach County Department of Airports.

Palm Beach County, in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d-2000d-4) and the regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to the solicitation, disadvantaged business enterprises will be afforded full opportunity to submit proposals and will not be discriminated against on the grounds of regard to race, color, or national origin in consideration of an award.

Public participation is solicited without regard to race, sex, color, religion, creed, ancestry, national origin, disability, familial status, sexual orientation, age, marital status, gender identity or expression or genetic information. Persons who require accommodations under the Americans with Disabilities Act or who require translation services (free of charge) should contact the individual listed above at least seven (7) days in advance of the meeting/conference. Hearing impaired individuals are requested to telephone the Florida Relay System at #711.

846 Palm Beach International Airport, West Palm Beach, FL 33406

(561) 471-7400 http://www.pbia.org/ http://www.pbia.org/business/bids/

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (“RFP”) is issued by Palm Beach County, a political subdivision of the State of Florida (“County”), by and through its Department of Airports (“Department”). The Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Department (See Section 1.9, Contact Person).

1.2 OPPORTUNITY OFFERED

This RFP offers the opportunity to operate a full-service common use airport passenger lounge at the Palm Beach International Airport (“Airport”). The Department has identified an existing space consisting of approximately 3,000 square feet of improved space with post-security access to Concourses A and B. The space was previously used as airline lounge space and includes kitchen, bar and lounge space, meeting rooms and restroom facilities. The space remains in generally good condition and repair, requiring primarily updating/cosmetic renovation. A general location map is attached as Attachment “1”. Photographs of the space are attached as Attachment “2”.

Architectural drawings of the space are attached as Attachment “3”.

The term of the Concession Agreement will be five (5) years with no renewal options.

The selected proposer will pay the greater of a minimum annual guarantee or privilege fee (See Attachment “4”).

The Department’s goals in issuing this RFP are to:

a. Ensure the development of a first-class, full service common use airport passenger lounge (“Common Use Lounge”), which includes amenities and services desired by airline passengers such as complimentary snacks and beverages, including beer, wine and premium spirits, high speed internet access, computer workstations with printers, periodicals, televisions and comfortable seating;

b. Maximize non-airline revenues for the operation and maintenance of the Airport;

c. Optimize small, local and Airport Concession Disadvantaged Business Enterprise (“ACDBE”) business opportunities; and

d. Keep the Airport’s concession program fresh and dynamic by introducing new concepts.

1.3 INTRODUCTION

The Airport is owned by the County and operated by the Department. Located along the southeast coast of Florida, Palm Beach County is the largest county east of the Mississippi River.

The Airport is classified as a medium hub airport, enplaning over 3 million passengers annually. The Airport is located approximately 2.5 miles from downtown West Palm Beach and 3.5 miles west of Palm Beach. The Airport has three active runways; the longest runway is 10,008 feet. Facilities at the Airport are capable of supporting a full range of commercial and general aviation aircraft. The Airport serves a mix of personal, leisure, and business-related travel.

Several domestic and international airlines currently serve the Airport with scheduled commercial flights arriving and departing daily. Commercial air carriers that offer service from the Airport include American, Delta, Frontier, JetBlue, Southwest, United, Spirit, Air Canada, BahamasAir, Sun Country and Silver Airways.

The McCampbell Terminal Building is a three-level commercial passenger terminal, which opened in 1988. The Terminal Building encompasses approximately 561,000 square feet, has two (2) second level concourses, accommodating 28 aircraft parking gates and a ground level commuter concourse. Airline clubrooms, the concession mall as well as landside and airside restaurants and shops are located on the second level.

Airline ticketing is located on the third level of the Terminal Building, and baggage claim and ground transportation areas are located on the ground level.

1.4 AIRPORT PASSENGER DATA

Statistical data for Airport passengers can be found at on the Airport website at:

http://www.pbia.org/business/reports/. The following airlines operated on Concourses A and B year round: American, Southwest, United, Silver Airways and BahamasAir. The following airlines operate on Concourse B seasonally: Air Canada, Sun Country, First Air and Canadian North.

The table below indicates the sales per enplanement for food and beverage and retail concessions, including all concourse and main terminal locations:

Fiscal Year Enplanements Food & Beverage Sales per

Enplanement

Retail Sales per Enplanement

2017 3,127,410 $5.34 $4.78 2016 3,171,694 $5.34 $4.51 2015 3,090,339 $5.02 $4.51

It is the responsibility of each proposer to carefully examine this RFP and to judge for itself all the circumstances and conditions which may affect its proposal. Any data furnished by the County or the Department is for informational purposes only and is not http://www.pbia.org/business/reports/ warranted. Proposers use any such information at their own risk. Failure on the part of any proposer to examine, inspect and be completely knowledgeable of the terms and conditions of the Concession Agreement, the Airport, its future plans and operational conditions, or any other relevant documents or areas, shall not relieve the selected proposer from fully complying with this RFP.

1.5 MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are required to attend a Mandatory Pre-Proposal Conference which will be held at the Department of Airports, Administrative Offices, Main Conference Room, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470, on Wednesday, March 7, 2018, commencing at 10:00 a.m. local time. Please note the Administrative Offices of the Department of Airports are NOT located in the McCampbell Terminal Building. Directions are available upon request; please notify the Contact Person listed in Section 1.9 of this RFP.

The purpose of the Mandatory Pre-Proposal Conference is to discuss the objectives and requirements of the RFP, to answer any questions potential proposers may have about the RFP, and to answer any general questions about the solicitation process. At the Mandatory Pre-Proposal Conference, the County’s representative will attempt to answer questions relative to this Request for Proposals. Any questions or comments arising subsequent to the Mandatory Pre-Proposal Conference must be presented, in writing, prior to the date and time stated in the Timetable (See Section 1.7) of this RFP.

A PROPOSER’S FAILURE TO ATTEND THIS CONFERENCE SHALL RESULT IN

DISQUALIFICATION OF ITS PROPOSAL.

All proposers shall be required to sign an attendance sheet which will be collected prior to the end of the meeting. Proposers not listed on the attendance sheet shall be considered as not in attendance for purposes of the Mandatory Pre-Proposal Conference. Only the prime proposer shall be required to have attended the Mandatory Pre-Proposal Conference. ACDBE-certified companies utilized in the capacity of subcontractors or service providers (i.e., not as the prime proposer) are not required to have attended the Mandatory Pre-Proposal Conference, provided that a representative of the prime proposer is in attendance. Attendance by a representative of proposer’s team at the Mandatory Pre-Proposal Conference such as an architectural or engineering firm, general contractor and project manager will also satisfy the requirement for attendance at the Mandatory Pre-Proposal Conference.

Proposers may attend an optional site inspection of the designated space within the Airport Terminal, which will be conducted after the Mandatory Pre-Proposal Conference.

Proposers are not required to attend the site inspection. Proposers shall also have the option of scheduling individual site inspections through the Contact Person prior to the deadline for submission of proposals. Prospective proposers shall not be permitted to disrupt the activities or operations of any Airport tenants or users when conducting any site visits.

In accordance with the provisions of the ADA, auxiliary aids or services will be provided upon request with at least three (3) days notice.

1.6 QUALIFICATION OF RESPONDENTS

All proposers to this RFP shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

1.7 TIMETABLE

The anticipated schedule and deadline for this RFP and approval of the Concession Agreement are as follows:

Activity Date, Time and Location RFP documents available for download on the Palm Beach County Vendor Self Services website

On or about: February 21, 2018, at:

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

Mandatory Pre-Proposal Conference

(*note the Department’s administrative offices are not located in the Airport Terminal Building)

At 10:00 a.m. local time, on Wednesday, March 7, 2018, in the Main Conference Room, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1407

Deadline for Submission of Written Comments/Questions

At 3:00 p.m. local time, on Monday, March 19, 2018, at the Reception Desk, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1407

Deadline for Submission of Proposals One (1) unbound original and seven

(7) hard copies, PLUS one (1) electronic copy of complete proposal

At 3:00 p.m. local time, Wednesday, April 4, 2018, at the Reception Desk, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1407

Selection Committee Meeting and Oral Presentations

To be announced, at the Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1407

Award Date To be determined Concession Agreement To be determined

Note: The Department reserves the right to alter the dates and/or times set forth above at the Department’s sole and absolute discretion.

1.8 PROPOSAL SUBMISSION

All proposals must be submitted on 8½ x 11 inch paper.

One (1) unbound original and seven (7) hard copies, PLUS one (1) electronic copy in a PDF format on a CD or flash drive, of the complete proposal must be received by the Department no later than Wednesday, April 4, 2018, at 3:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470

RFP No. PB 18-5

Title: Common Use Airport Lounge Due Date: April 4, 2018, 3:00 p.m. local time.

Hand-carried proposals may be delivered to the above address ONLY between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Proposal Response Form (Appendix “A”) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”), and proposers must affix their company’s corporate seal to the document. In the absence of a corporate seal, proposals must be notarized by a Notary Public.

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed price identified therein.

No proposals will be accepted after the deadline for submission of proposals or at any location other than the location designated in this RFP.

1.9 CONTACT PERSON

The individuals designated as the “Contact Person” for this RFP are:

Ray Walter, Properties Director Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470

Telephone: (561) 471-7429 Fax No.: (561) 471-7427 E-mail: ray.walter@pbia.org or

Laura Beebe, Deputy Director Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 Telephone: (561) 471-7403 Fax No.: (561) 471-7427 E-mail: laura.beebe@pbia.org

Notwithstanding any provision of this RFP to the contrary, including, but not limited to Section 1.10, Cone of Silence below, proposers are advised that from the date of release of this RFP until award of the Concession Agreement, NO contact with Department staff (other than the Contact Person) is permitted, except as authorized by the Contact Person or as otherwise authorized or contemplated by this RFP as a part of the solicitation process (e.g., submission of questions, contract negotiations with the designated representative of the Department, pre-proposal conference(s), site inspections, etc.). NO contact is permitted by a proposer or anyone representing a proposer with designated Selection Committee members concerning this RFP from the date of release of this RFP until the award of the Concession Agreement, except at the public Selection Committee meeting(s).

1.10 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this Concession Agreement regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a Concession Agreement, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this Concession Agreement via written communication, i.e., fax, e-mail, or U.S. Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

mailto:ray.walter@pbia.org mailto:laura.beebe@pbia.org

Neither the Department nor the Selection Committee is authorized to act on behalf of the Board of County Commissioners to award or approve a Concession Agreement;

therefore, contact by proposers is governed by the provisions of Section 1.09, Contact Person.

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via e-mail or U.S. Mail, no later than 3:00 p.m. local time, on Monday, March 19, 2018, to the address listed in this RFP Timetable (See Section 1.7) or e-mail address listed for the Contact Person (See Section 1.9) above. The request must contain the proposer’s name, address, phone number and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the deadline for submission of proposals.

Proposers should not rely on any representations, statements or explanation other than those made in this RFP or in any Amendment to this RFP. Where there appears to be a conflict between this RFP and any Amendment issued, the last Amendment issued shall prevail.

Amendments to this RFP will be posted on the Palm Beach County Vendor Self Services Website: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService as they are issued. Proposers should register or activate an account on the Palm Beach County Vendor Self Services Website listed above.

It is the sole responsibility of proposers to routinely check this website for any Amendments that may have been issued prior to the deadline for submission of proposals. Palm Beach County shall not be responsible for the completeness of any RFP package not downloaded directly from this website.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (See Section 1.9) that proposer has received all amendments to this RFP prior to submission of its proposal.

1.12 DISCLAIMER

All documents and information, whether written, oral or otherwise, provided by the County relating to this RFP are being provided solely as an accommodation and for informational purposes only, and the County is not making any representations or warranties of any kind as to the truth, accuracy, or completeness of such documents or information, or as to the sources thereof. The 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. Failure on the part of any proposer to examine, inspect and be completely knowledgeable of the terms and conditions of the Agreement, the Airport, its future plans and operational conditions, or any other relevant documents or matters, shall not relieve the selected proposer from fully complying with this RFP.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 ADHERENCE TO REQUIREMENTS

Proposers guarantee their commitment, compliance, and adherence to all requirements of this RFP by submission of their proposals.

2.2 MODIFIED PROPOSALS

Proposers may submit a modified proposal to replace all or any portion of a previously-submitted proposal until the deadline for submission of proposals specified in the RFP Timetable (See Section 1.7). The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the deadline for submission of proposals specified in the RFP Timetable (See Section 1.7) will not be accepted unless the Concession Agreement has been awarded to another proposer or no award has been made within ninety (90) days after the deadline for submission of proposals.

Unless withdrawn as provided in this subsection, a proposal shall be irrevocable until the time that a Concession Agreement is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the deadline for submission of proposals specified in this RFP Timetable (See Section 1.7) shall not be considered.

2.5 RFP POSTPONEMENT/CANCELLATION

Notwithstanding any provision of this RFP to the contrary, the County, in its sole and absolute discretion, shall have the right to reject any and all, or parts of any and all, proposals; commence a new solicitation process; postpone or cancel this RFP process;

and/or waive any non-material irregularities in this RFP or the Proposals received as a result of this RFP. In addition, the Board may reject any proposal prior to award.

2.6 COSTS INCURRED BY PROPOSERS

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

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Proposers 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.

2.8 NEGOTIATIONS

The Department may recommend the award of a Concession Agreement to the Board of County Commissioners on the basis of the initial proposals received without further negotiation; therefore, each submitted proposal should contain the proposer’s best offer.

Negotiations, if any, will be conducted by a designated representative of the Department. No negotiation team shall be established for this RFP.

2.9 RIGHT TO PROTEST

For purposes of this RFP, the term “Purchasing Code” shall mean Chapter 2, Article III, Division 2, Part A, of the Palm Beach County Code. Section 2-55 of the Purchasing Code is hereby incorporated into this RFP by reference (“Protest Procedures”).

Although this solicitation is exempt from the Purchasing Code, the Department has elected to utilize the Protest Procedures set forth in the Purchasing Code for this RFP.

By responding to this RFP, all proposers agree that the Protest Procedures set forth in the Purchasing Code are applicable to this RFP and shall comply with said procedures.

Any proposer may protest any recommendations for award of the Concession Agreement in accordance with Protest Procedures by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Award Recommendation. Protests must be submitted in writing, addressed to the Director of Purchasing at the Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 and delivered via hand delivery, mail or fax to

(561) 242-6705.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized 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.

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including, but not limited to, those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, including, but not limited to, Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.12 EXCEPTIONS TO CONCESSION AGREEMENT

Proposers should generally identify any proposed exceptions to the Concession Agreement (See Attachment “4”). The County is under no obligation whatsoever to accept any proposed exceptions to the Concession Agreement. Proposers should not propose modifications to any of the minimum requirements of this RFP.

2.13 SELECTION PROCESS

2.13.1 Evaluation of Proposals

a. Determination of Responsiveness. All proposals timely received will be opened internally by the Department. A list of proposers that have submitted proposals in response to this RFP will be recorded.

Each proposal will be evaluated by the Department for responsiveness. A responsive proposal is one which has been signed, has been submitted by the specified submission time and conforms to the requirements of this RFP. Failure to provide the information required to be submitted with the proposal (as stated in Section 3) is considered sufficient cause to deem a proposal non-responsive. 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 a proposal, especially information relating to establishing financial/business stability.

Proposers, who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

b. Selection Committee Meeting/Oral Presentations. The Selection

Committee shall meet to evaluate all responsive proposals. Each proposer shall be prepared to make an oral presentation to the Selection Committee and will be allowed a maximum of fifteen (15) minutes to make its presentation. Oral presentations shall be limited to clarifying and further detailing the content of the written proposal submitted and to providing answers to the Selection Committee’s questions. The Selection Committee will not consider new or alternative proposals made during oral presentations; therefore, each written proposal submitted should contain the proposer’s best offer. In the event only one (1) responsive, responsible proposal is received, there will be no Selection Committee, and the Department, in its sole and absolute discretion, may elect to negotiate with the only proposer or cancel this RFP process.

c. Raw Scoring/Individual Selection Committee Member Ranking.

The Selection Committee will evaluate and score each proposal by reviewing the proposal against the selection criteria set forth in Attachment “5”, Selection Criteria/Scoring Instructions. Selection Committee members may not assign equal total scores to proposals (i.e., each proposal must be assigned a varying number of total points). Each Selection Committee member shall rank the proposals based upon the total score assigned to each proposal by such member. The proposal with the highest total score will be ranked first (1st) by each member, the proposal with the next highest score will be ranked second (2nd) by each member and so on until all proposals have been ranked.

d. Final Scoring and Ranking. After each Selection Committee member has ranked all of the proposals, the individual Selection Committee members’ rankings for each proposal shall be totaled to establish an overall total score for each proposal. The proposal with the lowest total score will be ranked first (1st), the proposal with the next lowest total score will be ranked second (2nd) and so on until all proposals have been ranked.

In the event of a tie, the proposal that received the most first (1st) place rankings from the individual Selection Committee members will receive the higher rank. In the event a tie remains, the proposal with the highest raw score based upon the total number of points assigned by all Selection Committee members will receive the higher rank.

e. Final Ranking by Selection Committee. After the Selection

Committee has established a final ranking for all proposals, the Selection Committee will review the rankings and make its recommendation for award of the Concession Agreement to the proposer whose proposal was ranked first (1st) by the Selection Committee.

f. Rights Reserved. Notwithstanding any provision of this RFP to the contrary, the County, in its sole and absolute discretion, shall have the right to reject any and all, or parts of any and all, proposals;

commence a new solicitation process; postpone or cancel this RFP process; and/or waive any non-material irregularities in this RFP or the proposals received as a result of this RFP. In addition, the Board may reject any proposal prior to award.

2.13.2 Award Recommendation. The Department will post the award recommendation(s) (“Notice of Recommended Award”) at the Department of Airports’ Administrative Offices for a period of five (5) business days for review by interested parties. The selected proposer will be notified of the recommendation for award by via e-mail.

2.13.3 Negotiation. After the posting of the Notice of Recommended Award, the

Department will enter into negotiations with the selected proposer, if applicable. If, for any reason, the Concession Agreement cannot be awarded to the selected proposer, or the Department determines that it is unable to negotiate a Concession Agreement with the selected proposer, the Department may elect to cancel the award recommendation and commence negotiations with the next highest ranked proposer, issue a new solicitation or elect to cancel the RFP process in its entirety. In the event the Department elects to commence negotiations with the next highest ranked proposer, this process may continue until a Concession Agreement has been executed by a proposer or all proposers have been rejected. Proposers shall not have any rights against the County, its officers, employees or agents arising from negotiations.

2.13.4 Execution of Concession Agreement. The selected proposer shall deliver a fully executed Concession Agreement, and any other documents required by the Concession Agreement, to the Department in the form negotiated by the Department and the selected proposer within ten (10) days of the Department’s written request, unless this time frame is extended at the sole discretion of the Department. In the event the selected proposer fails to deliver the Concession Agreement and associated documents as required by this RFP within the prescribed timeframe, the Department may, in its sole and absolute discretion, elect to cancel the award recommendation and commence negotiations with the next highest ranked proposer, issue a new solicitation or elect to cancel the procurement process in its entirety. Should the selected proposer fail to execute and deliver the Concession Agreement to the Department in accordance with the requirements of this RFP, the Department may cancel the award recommendation and, if such failure occurs as a result of proposer’s bad faith or its failing to comply with the representations in its proposal, the proposer’s proposal guarantee shall be forfeited as liquidated damages and the proposal shall be deemed rejected.

2.14 AWARD

The Concession Agreement will be presented to the Palm Beach County Board of County Commissioners (the “Board”) for consideration upon completion of the selection and negotiation process. The Department has no authority whatsoever to bind the County to a Concession Agreement or any specific contractual terms or conditions;

therefore, no Concession Agreement shall be effective until it is approved by the Board of County Commissioners and signed by the parties thereto.

2.15 SELECTION CRITERIA

See Attachment “5”, Selection Criteria/Scoring Instructions.

2.16 CONTRACT PROVISIONS (“CONCESSION AGREEMENT”) (ATTACHMENT

“4”)

2.16.1 Contract. The selected proposer will be required to execute a contract substantially in the form of the attached Common Use Airport Lounge Concession Agreement (“Concession Agreement”) (Attachment “4”), subject only to negotiated exceptions.

2.16.2 Authorization to Sign. The authorized representative signature required on all offers and the Concession Agreement must be made by an officer of the company (if applicable). In addition to executing the Concession Agreement, the selected proposer will be required to complete a notarized statement indicating that the person having executed the Concession Agreement is authorized to legally bind the proposing entity.

Additionally, if a selected proposer is a partnership, all general partners must sign the Concession Agreement and the notarized statement. If the selected proposer is a joint venture, all members of the joint venture must sign the Concession Agreement and the notarized statement.

2.17 DISCLOSURE OF OWNERSHIP INTEREST

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest Affidavit (“DOIA”) (Attachment “6”) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable. Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

Upon request from the Department, the selected proposer shall submit a completed DOIA within a reasonable time, as requested. If the selected proposer fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the recommended award.

2.18 INSURANCE REQUIREMENTS

It shall be the responsibility of the selected proposer to provide evidence of the minimum amounts of insurance coverage specified in Article 12 of the Concession Agreement (Attachment “4”), to Palm Beach County. Each “Additional Insured” endorsement shall read: “Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, and Employees, c/o Insurance Tracking Services, Inc., P.O. Box 20270, Long Beach, CA 90801”, or as otherwise approved or modified by County.

The selected proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the Term of the Concession Agreement, insurance coverages and limits (including endorsements) as described herein (see Attachment “1”, Article 12). Failure to maintain the required insurance shall be considered a material default of the Concession Agreement. The requirements contained therein, as well as the County’s review or acceptance of insurance maintained by the selected proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the selected proposer under the Concession Agreement.

2.19 PERFORMANCE SECURITY

Pursuant to Article 5 of the Concession Agreement, the Concessionaire will be required to post and maintain a surety bond or a clean, irrevocable letter of credit, in form and substance and issued by a company satisfactory to County, in an amount equal to fifty percent of the Minimum Annual Guarantee (“Performance Security”) as security for the performance of obligations thereunder. The Performance Security shall be kept in full force and effect throughout the Term of the Concession Agreement and for a period of six (6) months after the expiration or earlier termination of the Concession Agreement.

The Performance Security shall not be returned until all obligations under the Concession Agreement are performed and satisfied. The failure to provide and maintain current Performance Security shall constitute a material default by the Concessionaire and shall be grounds for immediate termination of the Concession Agreement.

2.20 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the Concession Agreement is approved by the Board of County Commissioners. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the approval by the Board of County Commissioners.

2.21 NON-DISCRIMINATION POLICY

In accordance with County policy, the selected proposer shall be required to warrant and represent that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information.

2.22 CRIMINAL HISTORY RECORDS CHECK (PALM BEACH INT’L AIRPORT)

All individuals working at the Airport must pass a Criminal History Records Check (CHRC). Each individual requesting unescorted access authority onto the PBIA Security Identification Display Area (SIDA), Sterile Area and the Air Operations Area (AOA), will be required to submit to a finger-print based Criminal History Records Check that does not disclose that the individual has a disqualifying criminal offense, as listed in 49 CRF

1542.209. When determining if an individual will be granted unescorted access to the AOA, the Department’s Security Office will apply the policies and procedures set forth in

1542.209. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed in 1542.209 in any jurisdiction during the ten (10) years before the date of the individual’s application for unescorted access authority. Fingerprinting at PBIA is conducted electronically by the Department’s Security Office, and submitted to the FBI after being reviewed by the designated authorized clearinghouse.

Proposers are advised to contact the PBIA Badging and Security Office at 561-471- 7481 for information on fees and charges for items such as: criminal history check and fingerprinting; annual badge fee; lost badge replacement; non-returned badges fee. All badges must be returned to the Department’s Security Office upon termination of services or removal of any employees due to security violations. The Transportation Security Administration will take legal enforcement against persons (employees/employer) making any fraudulent or intentional false statements or entry on any security program, record application, report, access, or identification media, or any other document that is kept, made or used to show compliance. This applies to all “persons” meaning an individual, firm partnership, corporation, company, association, joint-stock association, or governmental entity.

SECTION 3

PROPOSAL REQUIREMENTS

3.1 PROPOSAL FORMAT AND CONTENT

3.1.1 Format. Proposals should be typed, double spaced and submitted on 8 ½” x 11” size paper, using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

3.1.2 Table of Contents. Proposals should contain a Table of Contents. The

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

3.1.3 Letter of Transmittal. Proposals should contain a Letter of Transmittal addressed to Ray Walter, Director of Properties, and should, at a minimum, contain the following:

a. The RFP number (i.e. RFP No. PB 18-5);

b. Identification of proposer, including name address and telephone number.

c. The name, title, address, telephone number and e-mail address of contact person during the period of proposal evaluation.

d. The printed name and title and the signature of a person authorized to bind proposer to the terms of the proposal.

3.1.4 Technical Proposal. Proposals must contain all of the documents listed below, each fully completed, signed and notarized, as required.

Failure of a proposer to provide the required information is considered sufficient cause to deem the proposal non-responsive.

All items should be submitted as a part of the proposal prior to the deadline for submission of proposals (See Section 1.7); however, if the item(s) marked by an asterisk (*) are omitted, the proposer must submit such item(s) upon request from the Department within a time frame specified by the Department (normally within two (2) business days of request) or the proposal shall be deemed non-responsive. All other items must be submitted with the proposal or it shall be deemed non-responsive.

The Department reserves the right to request additional information to be used for evaluating responses received from any or all proposers, including, but not limited to, additional references or financial information.

Further, the Department retains the right to disqualify from further consideration any proposer who fails to demonstrate sufficient ability to perform under the Concession Agreement.

Notwithstanding these submittal requirements, the Department reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the Department (normally within two (2) business days of request).

Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

A set of tabs to identify each section of the proposal should be inserted to facilitate quick reference. Each section of the proposal should be clearly labeled using the paragraph headings set forth below.

3.2 EXPERIENCE, QUALIFICATIONS AND FINANCIAL INFORMATION

Each proposer shall submit an Executive Summary detailing its experience, qualifications, and background in the management and operation of a wine bar, which shall include, at a minimum, the following information:

*3.2.1 Description of Business Organization. Proposer shall include a description of business organization of the proposing company (i.e., corporation, LLC, partnership, joint venture or sole proprietorship) along with the following information, depending on the organizational structure:

If a corporation, attach the Articles of Incorporation If an LLC, attach the Articles of Organization If a partnership, attach a copy of the Partnership Agreement If a joint venture, list date of organization, attach a copy of the joint venture agreement, indicate if the joint venture has done business in Florida and where. Include a description of the business organization of each of the joint venture partners, including the organizational documents for each of the joint venture partners (i.e., corporations, attach the Articles of Incorporation for each joint venture partner, etc.)

If a sole proprietorship, list all business names under which such proprietor has done business during the last five (5) years, address(es), how long in business, and whether registered or authorized to do business in Florida

3.2.2 History of Company. Proposer shall include a brief history of the company. Proposer should note any changes in company name and ownership structure and any other names under which the company has been doing business. Proposer should note whether or not the company is currently registered to do business in the State of Florida. The selected proposer shall be registered to do business in the State of Florida prior to the effective date of the Concession Agreement. In the event proposer is a joint venture, proposer should provide a history of each entity forming a part of the joint venture. Proposer should indicate whether or not it intends to enter into the Concession Agreement in the name of proposer or to create a single purpose entity for the purpose of the Concession Agreement. In the event proposer is a joint venture, proposer shall provide a history of each entity forming a part of the joint venture.

3.2.3 Experience. Proposer shall include the company’s recent, relevant experience in the development, management and operation of common use passenger airport lounges, which shall, at a minimum include, experience in at least two (2) airports within the preceding five (5) years.

Proposer shall specifically detail its experience in the development, management and operation of full-service common use airport passenger lounges.

*3.2.4 Legal/Contractual History. Proposer shall have a history of satisfactorily performing its contractual obligations. Proposer shall have a satisfactory history of complying with laws, regulations, ordinances and permit requirements in the provision of lounge services.

a. Proposers shall provide the name, location and date of any of the proposer's agreements for the operation of airport passenger lounges that have been terminated either voluntarily or involuntarily, within the past five (5) years. Proposers shall provide an explanation of the reason(s) for termination and a contact name, address and telephone number of the other contracting party. A contact person shall be someone who has personal knowledge of the terminated contract. The contact person must have been informed that he or she is being used as a reference and that the County may be calling them. DO NOT list persons who will be unable to answer specific questions regarding the requirement.

b. Proposers shall provide a list of any judgments or lawsuits currently pending against the proposer or any lawsuit filed against or judgment offered against proposer within the last ten (10) years.

Also list any lawsuits filed by proposer in the last ten (10) years.

c. Proposer shall provide a written statement declaring whether proposer has ever declared bankruptcy, filed a petition in any bankruptcy court, filed for protection from creditors in bankruptcy court, or had involuntary proceedings filed in bankruptcy court and the status of each occurrence.

d. In the event proposer is a joint venture, proposer shall provide the required information for each entity forming a part of the joint venture.

*3.2.5 Financial Information/Business Stability. Proposer shall submit financial information regarding proposer in accordance with the requirements of this Section. Information regarding an affiliate that will not be a party to the Concession Agreement shall not satisfy the requirements of this Section. If proposer has been in operation for less than two (2) years, proposer shall provide the information for the period that proposer has been in operation.

Proposer shall provide 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 two (2) years as completed and filed with the Federal government. Sole proprietors should provide Schedule C from Form 1040 for the previous two (2) 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 proposer’s bank or financial institution indicating the bank’s relationship with the proposer 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

County reserves the right to request additional information considered pertinent to indicate any and all proposer’s financial and operational capabilities. Further, the County retains the right to disqualify from further consideration any proposer who fails to demonstrate sufficient financial stability to perform the Concession Agreement.

*3.2.6 Credit References. Proposer shall include the name, address, and telephone number of at least one (1) credit reference. In the event proposer is a joint venture, proposer shall provide the required information for each entity forming a part of the joint venture.

3.3 DEVELOPMENT PLAN

Proposers shall provide a proposed plan for the development of the Common Use Lounge, which shall include relevant information regarding the following components:

3.3.1 Design. Proposers must provide…