Palm Beach County Board of County Commissioners Robert S. Weinroth, Mayor County Administrator Gregg K. Weiss, Vice Mayor Verdenia C. Baker Maria G. Marino Dave Kerner Maria Sachs Melissa McKinlay Department of Airports Mack Bernard www.pbia.org

REQUEST FOR PROPOSALS

RFP NO. PB 22-10

Palm Beach County Department of Airports is seeking proposals for:

LEASE AND DEVELOPMENT OF +/-6.43 ACRES OF VACANT LAND

FOR COMMERCIAL NON-AVIATION PURPOSES

PALM BEACH INTERNATIONAL AIRPORT

Date issued/available for distribution: July 29, 2022

Proposer must submit one (1) unbound original and five (5) 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 the Airports no later than Wednesday, September 14, 2022 at 11:00 a.m.

local time. See Section 1.8 of this RFP for Mailing/Delivery Instructions.

A Mandatory Pre-Proposal Conference will be held commencing at 10:00 a.m. local time, on Thursday, August 11, 2022. (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

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 proposals.

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”.

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.

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

RFP No. PB 22-10 Table of Contents

SECTION 1 - GENERAL INFORMATION

SECTION 2 - GENERAL TERMS AND CONDITIONS

SECTION 3 - PROPOSAL REQUIREMENTS

SECTION 4 - SUMMARY OF SELECTED TERMS

SECTION 5 - ATTACHMENTS33

ATTACHMENT “1” - GENERAL LOCATION MAP

ATTACHMENT “2” - MAP OF PARCEL F

ATTACHMENT “3a” - GENERAL SURVEY OF “PARCEL RFS”, WEST OF RPZ ATTACHMENT “3b” – ILLUSTRATION OF PARCELS WITHIN PARCEL RFS

ATTACHMENT “4” - PENDING LOT COMBINATION & AFFIDAVIT REVISION

ATTACHMENT “5” - DEVELOPMENT INFORMATION

ATTACHMENT “6” - EXAMPLE LEASE AGREEMENT

ATTACHMENT “7” - ENVIRONMENTAL SITE ASSESSMENT (5-3-2017)

ATTACHMENT “8” - HEIGHT INFORMATION/AIRSPACE RESTRICTIONS

ATTACHMENT “9” - TITLE COMMITMENT (2-3-2022)

ATTACHMENT “10” - TRAFFIC CONCURRENCY STATEMENT (10-20-2021)

ATTACHMENT “11” - DIRECTIONS/MAP TO DOA ADMINISTRATION OFFICES

SECTION 6 - APPENDICES46

APPENDIX “A” – PROPOSAL RESPONSE FORM

APPENDIX “B” – DRUG FREE WORKPLACE CERTIFICATION

APPENDIX “C” – DISCLOSURE OF OWNERSHIP INTERESTS AFFIDAVIT

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SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Department of Airports. 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 Persons).

1.2 PURPOSE OF THE PROJECT

The Department is soliciting proposals from qualified and experienced firms for the lease and development of approximately +/-6.43 acres (+/-280,071 square feet) of unimproved non-aeronautical real property (the “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.

Domestic and international airlines that currently serve the Airport with scheduled commercial flights include American, Delta, Frontier, JetBlue, Southwest, United, Spirit, Air Canada, Allegiant, Avelo, Breeze Airways, Sun Country and BahamasAir. The McCampbell Terminal Building is a three-level commercial passenger terminal, which opened in 1988. The Airport’s 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 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, including rental car reservation counters, are located on the ground level.

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In the 12-month period ended May 31, 2022, over 6,400,000 passengers traveled on 51,056 commercial carrier operations at the Airport. There were 122,081 general aviation and other operations, and a total of 30,778 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/.

Certain non-aviation properties nearby or adjacent to the Airport are owned by the County and managed by the Department for non-aviation purposes. These properties are generally offered for lease and development, and not for sale. Rental income from non-aviation development leases is used to offset the cost of operating and maintaining the County’s airport system. In addition to environmental review under the National Environmental Policies Act (“NEPA”), the Federal Aviation Administration (“FAA”) reviews lease agreement terms and conditions and may require certain restrictions or conditions, including how rental is determined and adjusted, and a limitation on the duration (term) of the lease.

1.4 OPPORTUNITY OFFERED; DESCRIPTION OF THE PROPERTY

The opportunity being offered in this RFP is the lease of approximately +/- 6.43 acres, more or less (+/-280,071 square feet), of unimproved real property located west of PBI, owned by Palm Beach County and managed by the Department of Airports (the “Property”). An additional +/- 1.14 acres, more or less (+/-49,658 square feet), of adjacent unimproved real property (the “Lynnwood Drive Property”) is available, as further discussed below. The general location of the Property is shown in Attachment “1” to this

RFP.

The Property is identified by property control number 00-42-43-36-16-000-0120 (+/-6.41 acres, per tax roll). The Lynnwood Drive Property is identified by property control number 00-42-43-36-16-000-0010 (+/-1.14 acres, per tax roll). The actual size of the Property will be determined by a survey, to be completed in accordance with Section 2.49 of the Lease Agreement (Attachment “6” to this RFP).

The Property is in unincorporated Palm Beach County. The Property is zoned Public Ownership (PO) with a Utilities and Transportation (U/T) Future Land Use designation.

Development of these properties is governed by the Airport Zoning Overlay (“AZO”) in the Palm Beach County Unified Land Development Code (“ULDC”). The Property is non-aeronautical land, and will not, have airfield access.

The Property is part of the subsidiary development area referred to as “Parcel F” which is generally described as the area west of Military Trail and east of Haverhill Road, on both the north and south side of Wallis Road. Parcel F is divided into “Parcel F North”, which is located north of Wallis Road, and “Parcel F South” located south of Wallis Road.

A general map of Parcel F is attached as Attachment “2” to this RFP.

In 2017, the Department of Airports completed an Affidavit of Waiver, recorded in official records book 29411, page 432 (“plat waiver”) which combined various lots under the http://www.pbia.org/business/reports/

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County’s ownership and created three (3) areas within Parcel F South, identified as Parcel “RFS-1” (18.12 acres), Parcel “RFS-2” (1.14 acres) and Parcel “RFS-3” (13.19 acres).

The Property in this solicitation is a portion of Parcel RFS-1. Parcel RFS-3 is the area south of Wallis Road and east of Post Road and is entirely within the runway protection zone (“RPZ”) for Runway 10-R at the Airport and is not available for development. The Department is amending the plat waiver to include a former outparcel. The legal description for the updated plat waiver is shown in Attachment “4”.

Attachment “3a” is a general survey of Parcel RFS-1. Attachment “3b” is a map similar to the general survey shown in Attachment “3a”, with various Sub-parcels in Parcel RFS- 1 differentiated by color for illustration purposes. The Property offered in this solicitation is shown on Attachment “3b” Parcel “RFS-1W”. The Lynnwood Drive Property, if desired, is shown as Parcel “RFS-1SW”.

General development information, including allowed uses in the AZO can be found in Attachment “5” to this RFP. The Property may be used for a variety of commercial purposes but may not be used for any purpose determined incompatible with the Airport, including, but not limited to: residential uses, schools, churches, adult entertainment facilities, wildlife-attracting uses such as landfills, antennae transmitting signals that may interfere with ratio transmissions and/or navigational aids, and structures that may impact the Airport’s airspace. A list of approved uses in the AZO, and information on the level of approval is available online at http://www.pbcgov.com/uldc/Article3.htm#_Toc89175082.

The Property sits at the southeast corner of Wallis Road and Haverhill Road. Wallis Road, which borders the Property on its north side, has an 80-foot right-of-way and was recently improved by Palm Beach County. Wallis Road has a signalized 4-way intersection at Haverhill Road, at the northwest corner of the Property and terminates at Military Trail, approximately 4/10 mile east of the Property, where traffic must make a right (southbound) turn only, but there is a left-turn lane from northbound Military Trail onto Wallis Road. Haverhill Road has a 110-foot right-of-way, and is wider adjacent to much of the Property due to turn lanes and tapers. There is access to the Property from both Wallis and Haverhill.

The Property is part of a former residential area that was acquired by the Airport for noise purposes. Most easements have been abandoned and internal roads (Homewood Drive and the majority of Wayne Road) have been abandoned and are owned by Palm Beach County and are part of the Property and may be developed. Lynnwood Drive, along the south of the Property, remains a public right-of-way to serve three (3) privately owned outparcels, as further discussed below. A portion of “Wayne Road” at Lynnwood Drive, remains public in order to provide a turnaround at the east end of Lynnwood Drive.

The three (3) outparcels are identified by Parcel Control Numbers: 00-42-43-36-16-000- 0211 (0.12 ac, per tax roll), 00-42-43-36-16-000-0110 (0.28 ac, per tax roll) and 00-42- 43-36-16-000-0100 (0.28 ac, per tax roll). Palm Beach County is not pursuing acquisition of these outparcels and no information is available concerning the willingness of any of these owners to sell their properties.

http://www.pbcgov.com/uldc/Article3.htm#_Toc89175082

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The selected proposer will be required to execute a Development Site Lease Agreement substantially in the form attached as Attachment “6” (the example “Lease Agreement”), subject only to negotiated exceptions (See Section 2.12 of this RFP). The Property is offered solely for lease and will not be sold. Proposals for a length of term (including renewals) greater than thirty (30) years must include written justification supporting the need for the requested length of term (see Section 3.4.2(c) of this RFP, and Section 3.01 of the Lease Agreement) and the maximum lease term (including renewals) may not exceed a total of fifty (50) years. The Property offered in this RFP will not be subdivided;

Proposers must propose to lease the entire +/-6.43 acre site and development must be completed in a single phase. Proposers may propose to lease the Lynnwood Drive Property (+/- 1.14 acres, more or less (+/-49,658 square feet)) on the same terms and conditions.

The Term of the Lease Agreement, and payment of rental, will commence upon the “Date of Beneficial Occupancy” (as defined in Section 3.01 of the Lease Agreement), which is generally 24 months following the date the Lease Agreement is approved by the Board of County Commissioners. The successful proposer/tenant/developer is responsible for all aspects of the project including, but not limited to, development approvals, permitting, access, infrastructure (including utilities and drainage), environmental (tree) mitigation, etc.

The Property is bordered on the east side by a 7.5 acre parcel under lease to PBI Post Distr. LLC, who has developed a +/-120,000 square foot warehouse and outside storage complex under sublease to PODS Enterprises, LLC. PBI Post Distr. LLC, lease has a 30-year initial term, which will expire in 2051, and there are two 10-year renewal options.

Current rental is $0.57 per square foot, subject to adjustment on October 1, 2022.

North of Wallis Road is a nearly 40-acre parcel under lease to Airport Logistics Park, LLC, who has constructed four (4) flex warehouse buildings totaling approximately 566,000 square feet. The Airport Logistics Park, LLC, lease has a single 50-year term and will expire in 2071 with no renewals. Current rental is $0.55 per square foot and is subject to adjustment on October 1, 2022.

A Raceway fuel station and convenience store is on a 1.57 acre parcel at the northeast corner of Wallis Road and Haverhill Road. A 50-foot wide, 0.38 acre, parcel bordering the east side of the Raceway facility is owned by Palm Beach County and subject to a buffer easement to Raceway for development of their facility. South of the Lynnwood Drive Property is a commercial strip center that includes a discount store, Latin supermarket, an auto parts store and a pizzeria.

A phase one environmental site assessment report for Parcel F was completed in 2017 (See Attachment “7”). The assessment identified no significant environmental conditions.

The selected proposer may complete inspections of the Property within the ninety (90) day period commencing upon approval of the lease (see Section 3.06 of the Lease).

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The Property is within the Palm Beach County Water Utilities Department service area.

Development requirements for water and sanitary sewer service should be directed to the County Water Utilities Department.

Proposers will be responsible for developing their own storm water management and drainage plan associated with the proposed development. Wet retention areas are considered a wildlife attractant and may not be constructed on the Property.

The RFP establishes the minimum annual rental amount of One Dollar ($1.00) per square foot of ground area. Proposers shall indicate the initial annual rental, per square foot, on the Proposal Response Form (Appendix “A”). Rental of the Property is detailed in Article 5 of the Lease Agreement. Rental is subject to adjustment every three (3) years beginning on October 1, 2025, based on appraisal and subject to a CPI cap. Pursuant to FAA guidelines, appraisal-only adjustments are required at periodic intervals.

The height of all temporary and permanent structures, objects of natural growth and other obstructions (“Obstructions”) on the Property, including, but not limited to: lighting poles, flag poles, signage, promotional displays and cranes and other similar equipment, shall be limited to such height so as to comply with 14 CFR Part 77 (see Section 22.03 of the Lease Agreement). Attachment “8” to this RFP is information illustrating the general maximum structure heights and airspace restrictions for the Property.

The Lease Agreement provides for a title review period during which the tenant may obtain a title insurance commitment and provide the County with notice of title objections not listed as “Permitted Exceptions” (see Sections 3.03 and 3.04 of the Lease Agreement). The Lease Agreement further provides for an “Inspection Period” during which survey, soil/geotechnical, environmental inspections, etc., may be completed (see Sections 3.05 and 3.06 of the Lease Agreement). Attachment “9” to this RFP is a title commitment, which includes the Property.

Attachment “10” to this RFP is a Traffic Concurrency Statement updated October 20, 2021. The County received traffic concurrency approval for the number of traffic trips associated with various uses. The initial approval included 374,000 square feet of industrial; 15,000 square feet of pharmacy with drive-thru; 250,000 square feet of office;

3,000 square feet of drive-in bank; and 5,000 square feet of fast-food restaurant. The 374,000 square feet of industrial was converted to 566,672 square feet of warehouse, which has been allocated to the Airport Logistics Park development. The County intends to allocate the remaining trips to development which may occur in portions of Parcel F South, including the subject Property, as well as development that may occur under the property offered in RFP No. PB 22-11, which is offered concurrent with this solicitation.

The County reserves the right to apportion trips on a proportionate basis to the amount of area leased, and may reserve additional trips based on any area of land with Parcel F that may remain unleased. In the event a proposer elects to construct more than the remaining equivalent of facilities for traffic concurrency purposes (“Traffic Concurrency Allocation”), the proposer may be required to obtain separate traffic concurrency approval for the additional traffic demand generated by the proposed development in excess of the agreed-upon Traffic Concurrency Allocation.

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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 11, 2022, at 2:00 p.m. local time. IT IS NOTED

THAT THE DATE IN THIS SECTION DIFFERS FROM THE DATE WHICH WAS

ADVERTISED. 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(s) (See Section 1.9) upon request and are included as Attachment “11” to this RFP.

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(s) (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 Location RFP available for download

On or about Friday, July 29, Purchasing Department VSS website: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Mandatory Pre-Proposal Conference (See Section 1.5)

Thursday, August 11, 2022, 2:00 p.m. local time

Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406

Deadline for receipt of written questions or comments (See Section 1.11)

Wednesday, August 24, 2022, 11:00 a.m. local time

By E-mail to the Contact Person(s) or sent to the Department of Airports, 846 Palm Beach International Airport West Palm Beach, FL 33406

Deadline for receipt of proposals

Wednesday, September 14, 2022, 11:00 a.m. local time

Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406

Selection Committee Meeting & Oral Presentations (See Section 2.13)

To be determined Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406

Award Date/Effective Date of Lease

To be determined

Note: Department reserves the right to alter the above activities and/or times at the Department’s sole discretion.

1.8 PROPOSAL SUBMISSION

All proposals must be submitted on 8½ x 11 inch paper, with print on one side only.

One (1) unbound original and five (5) hard copies PLUS one (1) electronic copy in PDF (CD or flash drive) of the complete proposal package must be received at the front desk at the Department of Airports no later than Wednesday, September 14, 2022, 11:00 a.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 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 Department of Airports

846 Palm Beach International Airport West Palm Beach, FL 33406-1470

ATTN: Rebecca Reed RFP No. PB 22-10

Title: +/- 6.43 Acre Non-Aviation Parcel Due Date: Wednesday, September 14, 2022, 11:00 a.m.

The Department’s office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

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Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for ensuring 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”).

The submission of a signed Proposal Response Form 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 terms 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 PERSONS

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

Ray Walter, Deputy Director Airports Real Estate & Concessions Department of Airports Telephone: (561) 471-7429 E-mail: ray.walter@pbia.org

And

Rebecca Reed, Assistant Airports Properties Manager Department of Airports Telephone: (561) 687-5944 E-mail: rreed@pbia.org

Proposers are advised that from the date of issuance of this RFP until award of the Lease Agreement, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact persons designated herein.

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 Commission staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award a contract 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 the Lease Agreement, rejects all proposals, or otherwise takes action which ends the solicitation process.

mailto:ray.walter@pbia.org mailto:rreed@pbia.org

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Proposers may, however, contact any County Commissioner, County Commission 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.

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 11:00 a.m. local time, on Wednesday, August 24, 2022, to the address listed in the RFP Timetable (See Section 1.7) or fax number or e-mail address listed for the Contact Persons (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 Receipt 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(s) (see Section 1.9) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their 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

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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

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 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.

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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.

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.

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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 “6”). Proposers shall identify, in letter format to be included with the proposal, the section number and page number of any proposed exceptions to the Lease Agreement. The County is under no obligation whatsoever to accept any proposed exceptions to the Lease Agreement. Proposals with modifications to any of the “Minimum Requirements” as stated in Section 3 of this RFP will be deemed non-responsive.

All exceptions taken, including any proposed modifications or changes to the Lease Agreement, must be specific, and the proposer must indicate clearly what alternative, or specific alternative language, is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers shall be prepared to execute a Lease Agreement substantially similar to the example Lease Agreement (Attachment “6”) and are advised that the County is under NO obligation to accept any proposed exceptions or alternatives (See also Section 3.3.7 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.

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b. Selection Committee Meeting/Oral Presentations. Each responsive 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.

The Selection Committee meeting may be held virtually or in-person.

In the event only one (1) responsive, responsible proposal is received, the Department, in its sole and absolute discretion, may elect to waive the Selection Committee meeting and 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 Section 2.14 of 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 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 Lease Agreement to the proposer whose proposal was ranked first (1st) by the Selection Committee.

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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 Recommended Award. The Department will post the award

recommendation(s) (“Notice of Recommended Award”) at the Department’s 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 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 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.

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2.14 SELECTION CRITERIA / SCORING

2.14.1 Selection Criteria / Points A maximum of 100 points shall be available based on the Selection Criteria in the following table:

SELECTION CRITERIA MAXIMUM POINTS

Financial Proposal (Product of Proposed Lease Area x Proposed Rental x Initial Term)

Proposal Response Form (Appendix “A”)

Experience, Qualifications and Financial Information Section 3.2 of RFP

Project Approach Sections 3.3 and 3.4 of RFP

Total Available Points 100

2.14.2 Scoring Instructions. Selection Committee Members shall evaluate and score each qualified proposal by reviewing the proposal against the Selection Criteria set forth in this Section 2.14 as follows:

a. Financial Proposal. The Financial Proposal will be scored mathematically based upon the product of the Proposed Lease Area (i.e. (+/- 280,071 or +/- 329,729 square feet, based on whether the “Lynnwood Drive Property is included) times the Proposed Initial Annual Rental for the Property, times the Proposed Initial Lease Term (up to thirty (30) years), all as listed the Proposal Response Form (Appendix “A”), sections (a), (b) and (c).

1. The proposal with the highest Financial Proposal will be awarded the full 25 points.

2. The proposal with the second-highest Financial Proposal will be awarded 20 points.

3. The proposal with the third-highest Financial Proposal will be awarded 15 points.

4. All remaining proposals will be awarded 12 points.

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5. In the event two or more proposals contain identical Financial Proposals, all such proposals will be awarded the points for that tier. The proposal(s) with the next-highest Financial Proposal will receive the number of points for the next tier. For example, if two proposals have identical values for the second-highest Financial Proposal, the proposal with the next highest Financial Proposal shall be considered the “third-highest” and receive 15 points, and so on.

B. Experience, Qualifications and Financial Information. Proposals may receive up to 30 points based on the proposer’s Experience, Qualifications and Financial Information. Selection Committee Members should review the information submitted in accordance with Section 3.2 of the RFP in determining the number of points to be allocated to each proposal for Experience, Qualifications and Financial Information.

C. Project Approach. Proposals may receive up to 45 points based on the proposer’s Project Approach proposal. The Project Approach criteria includes, but is not limited to, lease term (proposed initial term plus any renewal term(s)), proposed uses, lease option (if any), minimum capital investment and economic benefits. Selection Committee Members should review the information submitted in accordance with Section 3.3 of the RFP, including the capital investment, detail relating to the Initial Leasehold Improvements, conceptual site plan and how the Property will be utilized, the SBE plan, economic benefits and green initiatives. Selection Committee Members should also consider the County’s purpose in issuing the RFP, as set forth in Section 1.2 of the RFP, when determining the number of points to be allocated to each proposal for Project Approach, including the desire to maximize the use of the Property.

2.15 VENDOR SELF SERVICE (“VSS”) REGISTRATION

In order to do business with Palm Beach County, proposers are required to create a Vendor Registration Account or activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (“VSS”) system. The selected proposer must also ensure that all subcontractors are registered in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS.

2.16 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

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Upon review and approval of the Selection Committee’s recommendation for award, the Department will post the award recommendation at the Department and on the Department’s website at www.pbia.org for a period of five (5) business days for review by interested parties prior to final approval of the award. The selected proposer will be notified of the recommendation for award. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Lease Agreement has the authority to do so and to legally bind the recommended awardee. A Lease Agreement must be completed and executed by the successful proposer and the Board of County Commissioners before it becomes valid and effective. If these conditions and lease negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel this solicitation in its entirety.

2.17 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest Affidavit (DOIA, Appendix “C”) 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, F.S., whose interest is for sale to the general public.

Upon request from the Department, the recommended awardee shall submit a completed DOIA (Appendix “C”) within a reasonable time, as requested. If the recommended awardee 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 LEASE AGREEMENT PROVISIONS (ATTACHMENT “6”)

The selected proposer will be required to execute a Development Site Lease Agreement substantially in the form attached as Attachment “6” (the “Lease Agreement”) subject only to negotiated exceptions. If a proposer has comments related to any of the provisions in this RFP and/or the Lease Agreement, comments must be made, in writing, no later than the deadline for receipt of written questions or comments specified in the RFP Timetable (see Section 1.7) (see also Section 1.11).