RFP PB 18-9 - Lease and Development of Vacant Non-Aeronautical Land.pdf

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 Mary Lou Berger Department of Airports www.pbia.org

REQUEST FOR PROPOSALS

RFP NO. PB 18-9

Palm Beach County Department of Airports is seeking proposals for:

LEASE AND DEVELOPMENT OF VACANT NON-AERONAUTICAL LAND

PALM BEACH INTERNATIONAL AIRPORT

Date issued/available for distribution: August 15, 2018

Proposer shall submit one (1) unbound original and five (5) hard copies of the complete proposal, which must be received by Department of Airports no later than Friday, September 14, 2018 at 3:30 p.m. local time. Proposers should also include one (1) electronic copy of the entire proposal in a PDF or similar format. See Section 1.8 of this RFP for mailing instructions.

Mandatory Pre-Proposal Conference: Thursday, August 23, 2018, at 10:00 a.m. local time.

See Section 1.5 of this RFP for the location of the Mandatory Pre-Proposal Conference.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR SUBMISSION OF PROPOSALS AND THE RFP NUMBER.

C A U T I O N Amendments to this Request for Proposal will be posted on the Palm Beach County Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the proposer’s sole responsibility to routinely check the VSS system for any amendments that may have been issued prior to the deadline for receipt of bids.

Palm Beach County shall not be responsible for the completeness of any RFP document, amendment, exhibit or attachment that was not downloaded from the VSS system or obtained directly from the Department of Airports. A link to the VSS system is posted on the Palm Beach County Department of Airports website:

http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService http://www.pbia.org/

RFP No. PB 18-9

Table of Contents

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 PURPOSE OF THE PROJECT

1.3 INTRODUCTION

1.4 OPPORTUNITY OFFERED

1.5 MANDATORY PRE-PROPOSAL CONFERENCE

1.6 QUALIFICATION OF PROPOSERS

1.7 TIMETABLE

1.8 PROPOSAL SUBMISSION

1.9 CONTACT PERSON

1.10 CONE OF SILENCE

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

1.12 DISCLAIMER

SECTION 2 TERMS AND CONDITIONS

2.1 ADHERENCE TO REQUIREMENTS

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 EXCEPTIONS TO THE LEASE AGREEMENT

2.13 SELECTION PROCESS

2.14 AWARD

2.15 SELECTION CRITERIA

2.16 CONTRACT PROVISIONS (ATTACHMENT “9”)

2.17 INSURANCE REQUIREMENTS

2.18 PERFORMANCE BOND / LETTER OF CREDIT

2.19 COMMENCEMENT OF WORK

2.20 NON-DISCRIMINATION

2.21 DISCLOSURE OF OWNERSHIP INTEREST

SECTION 3 PROPOSAL REQUIREMENTS

3.1 PROPOSAL FORMAT AND CONTENT

3.2 EXPERIENCE, QUALIFICATIONS AND FINANCIAL INFORMATION

3.3 PROJECT APPROACH

3.4 PROPOSAL RESPONSE FORM

3.5 PROPOSAL GUARANTEE

3.6 DRUG FREE WORKPLACE CERTIFICATION

SECTION 4

SUMMARY OF SELECTED TERMS

4.1 TERM

4.2 OPERATION OF THE AIRPORT

4.3 ASSUMPTIONS

SECTION 5 ATTACHMENTS

ATTACHMENT “1” - LOCATION MAP

ATTACHMENT “2” - SURVEY

ATTACHMENT “3” - ENTITLEMENT INFORMATION/PROCESS

ATTACHMENT “4” - TITLE COMMITMENT

ATTACHMENT “5” - ENVIRONMENTAL ASSESSMENT

ATTACHMENT “6” - UTILITY MAPS

ATTACHMENT “7” - HEIGHT INFORMATION & AIRSPACE RESTRICTIONS 27

ATTACHMENT “8” - SELECTION CRITERIA/SCORING INSTRUCTIONS

ATTACHMENT “9” - EXAMPLE DEVELOPMENT SITE LEASE AGREEMENT. 27

ATTACHMENT “10” - DISCLOSURE OF OWNERSHIP INTEREST FORM

SECTION 6 APPENDICES

APPENDIX “A” – PROPOSAL RESPONSE FORM

APPENDIX “B” – DRUG FREE WORKPLACE CERTIFICATION

APPENDIX “C” – PROPOSAL CHECKLIST

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SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposals (“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 PURPOSE OF THE PROJECT

The Department is soliciting proposals from qualified and experienced firms for the lease and development of up to 39.68+ acres (1,728,490+ square feet) of unimproved land (“Property”) located west of the Palm Beach International Airport (“Airport” or

“PBI”).

The Department’s goals for this RFP are to:

• Provide for the development and operation of compatible commercial or industrial uses on the Property;

• To maximize the use of the Property; and

• To generate revenues to the County commensurate with the opportunity offered for the operation and maintenance of the County’s Airport System.

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. The Airport is located approximately two and one-half (2.5) miles from downtown West Palm Beach and three and one-half (3.5) miles west of Palm Beach. The Airport has three (3) active runways; the longest runway is ten thousand eight feet (10,008’). 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.

The McCampbell Terminal Building (“Terminal”) is a three-level commercial passenger terminal, which opened in 1988. The Terminal has two (2) second level concourses, accommodating twenty eight (28) aircraft parking gates, and a ground level commuter concourse.

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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 Air Canada, American, Delta, JetBlue, Frontier, Southwest, United, Spirit, BahamasAir, Silver Airways and Sun Country. The Airport serves more than six (6) million commercial passengers annually. The Airport also consistently ranks in the top five (5) for the busiest airports servicing private aircraft/general aviation in the United States.

For the period ended September 30, 2017, a total of 6,249,146 passengers traveled on 55,946 commercial carrier operations at the Airport. There were 87,587 general aviation and other operations, and a total of 25,790 tons of freight was handled in this time; an increase of 9.2% over the prior year. Detailed historical statistics can be accessed on the Department’s website at http://www.pbia.org/business/reports/.

1.4 OPPORTUNITY OFFERED

The Property being offered consists of up to 39.68+ acres (1,728,490+ square feet) of unimproved land owned by the County and managed by the Department. A general location map is attached to this RFP as Attachment “1” (the “Property”).

The Property is generally located west of Military Trail, east of Haverhill Road, north of Wallis Road, and south of the Lake Worth Drainage District (LWDD) L-4 Canal. The Property is in unincorporated Palm Beach County and under the jurisdiction of Palm Beach County. The Property has a Public Ownership (PO) Zoning designation with a Utilities and Transportation (U/T) Future Land Use designation with the exception of a +0.20 acre portion at the southeast corner of the Property (a portion of PCN 00-42-43- 36-17-000-0010) is currently zoned “RM” that will be rezoned to “PO”.

The Property is non-aeronautical land, and does not have airfield access. Development of the Property is governed by the Airport Zoning Overlay (“AZO”) as provided in the Palm Beach County Unified Land Development Code (“ULDC”). Additional information regarding the entitlement process for the Property can be found in Attachment “3” to this

RFP.

Proposers may propose to lease up to 39.68+ acres (1,728,490+ square feet) of unimproved ground, for the lease and development of uses compatible commercial or industrial uses. As a minimum requirement to respond to this RFP, proposers must propose to lease no less than five (5) acres (217,800+ square feet) of unimproved ground.

In the event a proposer proposes to lease the entire Property, the Department will consider a proposal for phased development, subject to the following limitations.

Proposers may propose no more than two (2) phases of development, and (i) the first phase must be no less fifty percent (50%) of the area of unimproved ground proposed to be leased; (ii) each phase must be sized, configured and designed to be capable of existing independently, and must not be dependent on another phase of development, including, but not limited to, development approvals, permitting, access, infrastructure (including utilities and drainage) or any other element, including, but not limited to http://www.pbia.org/business/reports/

3 | P a g e R F P N O . P B 1 8 - 9 environmental (tree) mitigation; and (iii) the second phase must be completed within a reasonable time, taking into account the nature of the proposed improvements.

In the event the entire site is not leased to a single proposer, the County may accept more than one (1) proposal, provided that sufficient Property is available to accommodate more than one (1) proposal. The final location of all proposed uses within the Property shall be determined by the County in its sole discretion. The County may negotiate adjustments in site size(s) in order to accommodate multiple proposals.

The maximum lease term, including any renewal terms, shall be no more than fifty (50) years from the Date of Beneficial Occupancy (as defined in the Lease Agreement).

The Property shall not be used for any use determined incompatible with the Airport, including, but not limited to, residential uses, schools, churches, adult entertainment, and parking facilities that would compete with the Airport’s paid public parking facilities.

Incompatible land uses also include wildlife-attracting land uses such as landfills, antennae transmitting signals that interfere with radio transmissions and/or navigational aids, and structures that may impact the Airport’s airspace.

Proposers should be aware of the following two (2) matters associated with the Property:

1. A portion of County-owned lands within Parcel F (Parcel Control Number 00-42- 43-36-17-000-0010 (the “Taylor Parcel”), consisting of a +/- .24 acre parcel) is currently zoned “RM” (residential multi-family, medium density). The Property offered includes approximately 0.20 acres of the Taylor Parcel. Palm Beach County intends to rezone the Taylor Parcel to “PO” (which zoning designation is discussed below), and to seek the abandonment of the remaining portion of Victor Road lying east of the Taylor Parcel. In the event the rezoning of the Taylor Parcel is not achieved prior to submittal of a site plan for approval and proposer proposes to lease the portion of the Taylor Parcel being offered, proposer may elect to remove the Taylor Parcel from any Lease Agreement that may be approved.

2. The Lake Worth Drainage District (LWDD) L-4 Canal borders the north side of Parcel F. LWDD is undertaking a canal improvement project, and has requested improved access. An easement or other interest, temporary or perpetual, may be provided to LWDD along portions, or the entire extent, of the northern boundary of the Property. The area may be excluded from any Lease Agreement by the County.

Attachment “4” to this RFP is a title commitment, which includes the Property.

Attachment “5” to this RFP is an environmental assessment which includes the Property. No significant environmental conditions were identified.

Attachment “6” to this RFP is a map of utilities on or nearby the Property.

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Attachment “7” to this RFP is information regarding maximum structure heights and airspace restrictions.

1.5 MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are required to have a representative 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 Thursday, August 23, 2018, at 10:00 a.m. local time.

Attendance by a representative of proposer’s Development Team (See Section 3.3.2) at the Mandatory Pre-Proposal Conference such as architectural and engineering firm(s), general contractor and project manager will also satisfy the requirement for attendance at the Mandatory Pre-Proposal Conference.

Please note that the Administrative Offices of the Department of Airports are NOT located in the Airport Terminal. Directions to the Department of Airports’ Administrative Offices are available from the Contact Person (See Section 1.9) upon request.

At the Mandatory Pre-Proposal Conference, a County representative will be available to answer questions relative to this RFP; however, proposers should not rely on any oral representations, statements or explanations other than those made in this RFP or a formal Amendment to this RFP. Any questions or comments arising subsequent to the Mandatory Pre-Proposal Conference must be presented, in writing, to the Contact Person (See Section 1.9) prior to the date and time stated in the Timetable (See Section 1.7).

A PROPOSER’S FAILURE TO ATTEND THE MANDATORY PRE-PROPOSAL

CONFERENCE SHALL RESULT IN DISQUALIFICATION OF ITS PROPOSAL. All proposers shall be required to sign an attendance sheet, which will be collected at the end of the Mandatory Pre-Proposal Conference. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the Mandatory Pre-Proposal Conference. In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least five (5) days notice.

1.6 QUALIFICATION OF PROPOSERS

All proposers to this RFP shall have demonstrated experience in the lease and development of similar projects 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 Lease Agreement is as follows:

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Activity Date, Time and Location RFP available for download on website

On or about: August 15, 2018, at:

http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”

Mandatory Pre-Proposal Conference

At 10:00 a.m. local time, on Thursday, August 23, 2018, in the Main Conference Room, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Deadline for Submission of Written Comments/Questions

At 3:00 p.m. local time, on Friday, August 31, 2018, to the Contact Person listed in Section 1.9.

Deadline for Submission of Proposals

At 3:30 p.m. local time, on Friday, September 14, 2018, at the Reception Desk, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Selection Committee Meeting(s) and Oral Presentations (if conducted)

To be determined

Award Date 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 five (5) hard copies of the complete proposal must be received by the Department no later than 3:30 p.m. local time on Friday, September 14, 2018. Proposers should also submit an electronic copy of the proposal on CD or flash drive in PDF or similar format. 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 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 18-9

Title: Lease and Development of Vacant Non-Aeronautical Land

Palm Beach International Airport

Due Date: September 14, 2018

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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 proposing entity or other authorized person (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to provide the services required by this RFP 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 Lease 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 mailto:ray.walter@pbia.org mailto:laura.beebe@pbia.org

7 | P a g e R F P N O . P B 1 8 - 9 proposer with designated Selection Committee members concerning this RFP from the date of release of this RFP until the award of the Lease 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 Commissioners’ Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this Lease 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 Lease Agreement, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioners’ Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award the Lease 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.

Neither the Department nor the Selection Committee is authorized to act on behalf of the Board of County Commissioners to award or approve a Lease 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 fax, e-mail or U.S. Mail, no later than 3:00 p.m. local time, on Friday, August 31, 2018, to the address listed in the RFP Timetable (See Section 1.7) or fax number 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, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile 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

8 | P a g e R F P N O . P B 1 8 - 9 conflict between this RFP and any Amendment issued, the last Amendment issued shall prevail.

Amendments to this RFP will be posted on Palm Beach County Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. A link to the VSS system is posted on the Palm Beach County Department of Airports website:

http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs” on the Palm Beach County Department of Airports’ website: http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”.

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

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.

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

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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 Lease 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 Lease 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 the 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 Palm Beach County Board of County Commissioners (“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 the 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 Lease 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.

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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 Lease 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 THE LEASE AGREEMENT

Proposers should generally identify any proposed exceptions to the Lease Agreement (See Attachment “9”). The County is under no obligation whatsoever to accept any proposed exceptions to the Lease Agreement. Proposers should not propose modifications to any of the minimum requirements of this RFP.

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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. Except as otherwise provided for herein, a Selection Committee will meet to evaluate all responsive proposals for purposes of making an award recommendation to the Department. Each proposer may be required 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.

Notwithstanding any provision of this RFP to the contrary, in the event only one (1) responsive, responsible proposal is received, no Selection Committee meeting shall be required, and the Department, in its sole and absolute discretion, may elect to negotiate with the sole 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 “8” to this RFP, 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

12 | P a g e R F P N O . P B 1 8 - 9 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 to the Department to the proposer whose proposal was ranked first (1st) by the Selection Committee.

In the event more than one (1) responsive, responsible proposal is received and more than one (1) proposed use may be accommodated on the Property, Selection Committee shall make a recommended award to the Department to the proposal that was ranked first (1st) by the Selection Committee and may recommend a Lease Agreement be awarded to the second (2nd) ranked proposer if there is a sufficient amount of Property available to accommodate both uses and so on.

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.

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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 mail.

To obtain a current posting of Notices of Recommended Award, please visit the Department’s website: http://www.pbia.org under “Airport Business”.

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 Lease Agreement cannot be awarded to the selected proposer, or the Department determines that it is unable to negotiate a Lease 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 Lease 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 Lease Agreement. The selected proposer shall deliver a fully executed Lease Agreement, and any other documents required by the Lease 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 Lease 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 Lease 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

It is the Department’s desire to recommend approval of a Lease Agreement for the entire 39.68+ acre (1,728,490+ square feet) site; however, in the event more than one

(1) proposal is received, or a phased-development proposal is received, the Department

14 | P a g e R F P N O . P B 1 8 - 9 may recommend more than one (1) Lease Agreement for approval by the Board of County Commissioners upon completion of the solicitation process. The Department has no authority whatsoever to bind the County to a Lease Agreement or any specific contractual terms or conditions; therefore, no Lease Agreement shall be effective until it is approved by the Board and signed by all parties thereto.

2.15 SELECTION CRITERIA

See Attachment “8”, Selection Criteria/Scoring Instructions.

2.16 CONTRACT PROVISIONS (ATTACHMENT “9”)

2.16.1 Lease Agreement. The selected proposer will be required to execute a contract in a form and substance similar to the attached Example Development Site Lease Agreement (Attachment “9”) (“Lease Agreement”), subject to negotiated exceptions. More than one (1) Lease Agreement may be negotiated with the selected proposer in the event the Property is proposed to be developed in one or more phases.

2.16.2 Authorization to Sign. In addition to executing a Lease Agreement, the selected proposer will be required to complete a corporate resolution or notarized statement, indicating that the person having executed the Lease Agreement is authorized to legally bind the proposing entity. Additionally, if a selected proposer is a partnership, all general partners must sign the Lease Agreement and the notarized statement. If the selected proposer is a joint venture, all members of the joint venture must sign the Lease Agreement and the notarized statement.

2.17 INSURANCE REQUIREMENTS

It shall be the responsibility of the selected proposer to provide evidence of the minimum amounts of insurance coverage specified in the Lease Agreement (Attachment “9”).

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 Lease Agreement, insurance coverages and limits (including endorsements) as described in the Lease Agreement (Attachment “9”). Failure to maintain the required insurance shall be considered a material default of the Lease 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 Lease Agreement.

2.18 PERFORMANCE BOND / LETTER OF CREDIT

The selected proposer shall be required to post a deposit with the County equal to three

(3) months’ rental (“Security Deposit”). The Security Deposit shall serve as security for the payment of all sums due to the County and shall also secure the performance of all

15 | P a g e R F P N O . P B 1 8 - 9 obligations of the selected proposer to the County. The Security Deposit shall be either in the form of a clean, irrevocable letter of credit or a surety bond in form and substance satisfactory to the County.

2.19 COMMENCEMENT OF WORK

The County shall have no obligations whatsoever to any proposer by virtue of this RFP or any negotiations conducted hereunder. The County’s obligations shall not commence until a Lease Agreement is approved and executed by the Board. The County will not be responsible for any work conducted by a proposer, even if performed in good faith, if such work occurs prior to the approval and execution of the Lease Agreement by the Board of County Commissioners.

2.20 NON-DISCRIMINATION

Proposers warrant and represent to County that all of its employees are treated equally during employment without regard to race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information.

2.21 DISCLOSURE OF OWNERSHIP INTEREST

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest Affidavit (“DOIA”) (Attachment “10”) 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.

SECTION 3

PROPOSAL REQUIREMENTS

3.1 PROPOSAL FORMAT AND CONTENT

3.1.1 Format. Proposals should be typed, double spaced and submitted on 8½” x 11” size paper, using a single method of fastening (e.g., stapled, binder, etc.). The electronic copy of the proposal should be submitted on a CD or flash drive in a PDF or similar format. Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

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3.1.2 Table of Contents. Proposals should contain a Table of Contents. The Table of Contents should outline all of the areas of the proposal in sequential order.

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

a. The RFP number (i.e. RFP No. PB 18-9).

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

c. The name, title, address, telephone/fax number and e-mail address of proposer’s 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 Lease 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

17 | P a g e R F P N O . P B 1 8 - 9 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 lease and development of similar projects, which shall include, at a minimum, the following information:

*3.2.1 Description of Business Organization. Proposer shall include a description of proposer’s business organization (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 shall 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 Lease Agreement. Proposer should indicate whether or not it intends to enter into the Lease Agreement in the name of proposer or to create a single purpose entity for the purpose of this project. In the event proposer is a joint venture, proposer should provide a history of each entity forming a part of the joint venture. In the event of a newly-formed entity, the requirements listed below shall be furnished for the principal entity(ies) forming such newly-formed entity.

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3.2.3 Experience. Proposer shall submit a detailed statement of its experience, qualifications, and background in the lease and development of similar projects. Proposer’s statement should include, at a minimum, a detailed history of proposer’s pertinent experience in the lease and development of similar projects within the preceding ten (10) years.

*3.2.4 References. Proposer shall be required to submit a minimum of three (3) references with knowledge of proposer’s recent experience in the lease and development of similar projects. Each reference should include the name of the company, contact names, addresses, and telephone/fax numbers. 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 proposer’s experience.

*3.2.5 Credit References. Proposer shall include the names, addresses, and telephone numbers of at least two (2) credit references, including at least one (1) banking 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.

*3.2.6 Legal/Contractual History.

a. Proposer shall provide the name, location and date of any of the proposer’s agreements for the lease or development of real property 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 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. Proposer 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.

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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.

*3.2.7 Financial Information. Proposer shall submit one (1) of the following (it is recommended that proposers redact social security numbers, if applicable):

a. Balance sheets and income statements for the current fiscal year and prior…