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REQUEST FOR PROPOSALS #08-004 FOOD/BEVERAGE/NEWS&GIFT CONCESSION FOR GAINESVILLE-ALACHUA COUNTY REGIONAL AIRPORT AUTHORITY The Gainesville-Alachua County Regional Airport Authority (GACRAA) is soliciting sealed proposals for the development, management and operation of a Food/Beverage/News and Gift Concession in the commercial passenger terminal of the Gainesville Regional Airport. The term of the contract is for one (1), five (5) year period with three (3) one (1) year renewal options. Sealed proposals will be received in the Authority’s Administrative Office, located at 3880, NE 39th Ave., Suite A, Gainesville, FL, 32609 until 4:00 pm on Monday, July 7, 2008. Proposals received after 4:00 p.m. on Monday, July 7, 2008 will not be considered. The official clock is located in the Authority’s Administrative Office. Proposers are to submit three copies of the proposal forms. Proposal forms may be obtained at the office of the Airport CEO or at www.flygainesville.com under “About GNV RFP & RFQ – Business Opportunities. A mandatory pre-proposal conference will be held at 10:00 a.m. on Wednesday, June 4, 2008 in the Authority’s main conference room adjacent to the Administrative Office in the main passenger terminal. Interested parties shall submit their proposal on approved forms and be willing to enter into an agreement with the Airport Authority. Each proposal must be accompanied by a guaranty in the form of a cashier’s check, certified check, or money order in the amount of Two Thousand Dollars ($2,000) made payable to the Gainesville-Alachua County Regional Airport Authority. The solicitations of proposals shall in no manner be construed as a commitment on the part of the Authority to make an award. The right is reserved by the Authority to waive minor irregularities in any proposal, to reject any or all proposals, to solicit new proposals, or to accept any proposal that is deemed to be more advantageous to the traveling public and the Airport Authority. For additional information, contact Lynn Noffsinger at (352) 373-0249. 1 REQUEST FOR PROPOSALS # 08-004 FOOD/BEVERAGE/NEWS&GIFTCONCESSION Table of Contents Section I………………………………………………………………………………….. 4 Invitation Section II…………………………………………………………………………………. 4 Schedule, Document Discussion, Proposal Submission and Award A). Schedule………………………….…………………………………………. 4 B). Pre-Proposal Meeting…………….…………………………………………. 4 C). RFP Questions and Comments……………………………………………… 4 D). Deadline for Submission……………………………………………………. 4 E). Proposal Guarantee………………..………………………………………… 5 F). Proposal Withdrawal……………….……………………………………….. 5 G). Affirmative Action Requirements….……………………………………….. 5 H). Airport Concessions Disadvantaged Business Enterprise (ACDBE) Goal…. 6 I). Minimum Qualifications………………………….…………………………. 6 J). Proposal Evaluation Process and Criteria………..………………………….. 6 K). Authority’s Reservation of Rights…………………..………………………. 8 L). Award and Rejection………………………………………….…………….. 9 M). Concession Agreement……………………………………………………… 9 N). Failure to Contract…………………………………………………………... 9 O). Consent to Investigation…………………………………………………….. 10 P). Proposer Interview……………………………………………….………….. 10 Q). Expenses…………………………………………………………………….. 10 R). Representation by Brokers………………………………………….……….. 10 S). Anti-Lobbying Provisions…………………………………………………… 10 T). Ownership…………………………………………………………………… 10 U). Disclaimer…………………………………………………………………… 11 Section III…………………………………………………………………………………. 11 Scope and Conditions of Offered Concessions A). Concession Premises………………………………………………………… 11 B). Use of Public Areas and Other Authority Improvements …………………… 13 C). Term of Agreement…………………………………………………….…….. 13 D). Compensation to Authority………………………………………….....…….. 13 E). Airport Security………………………………………………………………. 14 F). Utilities and General Maintenance…………………………………………… 14 G). Exclusivity……………………………………………………………………. 15 H). Value Pricing…………………………………………………………………. 15 I). Hours of Operation…………………………………………………………… 15 J). Insurance Coverage…………………………………………………………… 16 K). Performance Guarantee……………………………………………………….. 16 L). Liquor and Food and Beverage Licenses………………………………..……. 16 M). Storage Space…………………………………………………………………. 16 N). Security Regulations and Public Accommodation Laws……………………... 17 2 O). Accounting Reports and Report………………………………………………. 17 P). Performance Standard………………………….……………………………... 17 Q). Employees……………………………………..……………………………… 17 Section IV…………………………………………………………………………………. 18 Airport Background Section V…………………………………………………………………………………... 21 Recommended Merchandising Plan and Concepts Section VI…………………………………………………………………………………. 23 Submission Requirements Attachment A Required Proposal Forms 1. Executed Affidavit Form 2. Business Information Questionnaire 3. Business and Financial References 4. Experience and Qualifications Statement 5. Methods of Management and Operation 6. Restaurant Concept and Design 7. Projected Sales, Net Income and Cash Flow 8. Capital Investment and Financing Plan 9. Proposed Minimum Annual Guarantee 10. Airport Concession Disadvantaged Business Enterprise Plan 11. Non-Collusion Affidavit 12. Florida Public Entity Crimes Statement 13. Drug Free Work Place 14. Exceptions 15. Opinion of Legal Counsel 16. Other Information 17. Resolution of the Board of Directors (For Corporations and Partnerships Only) 18. Insurability 19. Release Form 20. Proposal Guarantee Attachment B 1. Concession Location Plot 2. Conceptual Perspective 1 3. Conceptual Perspective 2 4. Food & Beverage Layout Plans (CD) Attachment C Draft Form of Concession Agreement 3 SECTION I – INVITATION The Gainesville-Alachua County Regional Airport Authority (“Authority”) invites the submission of proposals for the non-exclusive right to lease, develop, and operate a food and beverage concession at the Gainesville Regional Airport. The goals of the concessions program are to: (1) provide first-class service and a broad variety of food and beverages at reasonable prices to travelers and Airport users; (2) provide innovative facility design, branding and themes; (3) provide business opportunities for disadvantaged business enterprises; (4) maximize sales and Airport revenues; and (5) achieve consistent and continuous high food quality to passengers during all periods the terminal is in operation. SECTION II – SCHEDULE, DOCUMENT DISCUSSION, AND PROPOSAL SUBMISSION AND AWARD A. SCHEDULE Outlined below is a schedule of events associated with this RFP: Advertisement Date: May 18, 2008 Mandatory Pre-Proposal Meeting: Wednesday, June 4, 2008, 10:00 a.m. Proposal Deadline: Monday, July 7, 2008, 4:00 p.m. Proposal Award (tentative): July 24, 2008 B. PRE-PROPOSAL MEETING A mandatory pre-proposal meeting will be held in the Authority’s Conference Room located adjacent to the Administrative Offices in the main commercial terminal at 10:00 a.m. on Wednesday, June 4, 2008 to discuss the proposal documents and examine the concession area and planned GACRAA provided improvements. The Pre-Proposal meeting is mandatory for all parties interested in submitting a proposal. C. RFP QUESTIONS AND COMMENTS Following the Pre-proposal Conference, any questions or comments regarding discrepancies or omissions in this RFP must be submitted in writing to: Attn: Lynn Noffsinger Grants & Contracts Administrator Gainesville Regional Airport 3880 NE 39th Avenue, Suite A Gainesville, FL 32609 Deadline for submission of requests for information or clarification of RFP 08-004 is June 20, 2008 D. DEADLINE FOR SUBMISSION Three (3) copies of the proposal must be submitted to the attention of Allan Penksa at the address below no later than 4:00 p.m. on Monday, July 7, 2008 in a sealed envelope clearly marked on the outside as follows: 4 RFP # 08-004 Airport Food/Beverage/News & Gift Concession Attn: Allan Penksa Gainesville Regional Airport 3880 NE 39th Avenue, Suite A Gainesville, FL 32609 The delivery of the proposal prior to the deadline is solely and strictly the responsibility of the Proposer. The Authority will in no way be responsible for delays caused by the United States Postal Service or for delays caused by any other occurrence. E. PROPOSAL GUARANTEE All Proposers are required to submit a Proposal Guarantee in the amount of Two Thousand Dollars ($2,000) made payable without condition to the Gainesville-Alachua County Regional Airport Authority. The Proposal Guarantee may be in the form of a certified check, cashier’s check, or Money Order. The proposal guarantee will be deposited by the Authority and held for a period no longer than one hundred twenty (120) days after the proposal due date at which time the security will be refunded (without interest) to all Proposers except the Selected Proposer. The Selected Proposer’s Proposal Guarantee will be held until an agreement is executed and all security and performance bonds required thereunder are received. The Selected Proposer shall enter into a Concession Agreement with the Authority within thirty (30) days of notification of selection. Failure to execute a Concession Agreement within thirty (30) days will result in forfeiture of the Proposal Guarantee as liquidated damages. The final agreement shall be substantially similar to the Draft Concession Agreement contained herein as Attachment “C”. The Airport CEO may grant additional time to execute the Concession Agreement if warranted. The agreement will be binding upon execution. F. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request prior to the Proposal Due Date. Such withdrawal will not preclude the submission of another proposal by the Proposer prior to the due date. After the due date and time, the Proposer will not be permitted to withdraw its proposal without forfeiture of the Proposal Guarantee. The submission of a proposal will constitute a valid offer subject to acceptance by the Authority for a period of one hundred and twenty (120) calendar days following the Proposal Due Date. G. AFFIRMATIVE ACTION REQUIREMENTS The Selected Proposer shall be required to comply with the following terms of the contract: 5 1. Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Civil Rights Act of 1964, (42 U.S.C. 2000 d-1 et seq). 2. Title 14, Code of Federal Regulations (CFR), Part 152, Subpart E, Nondiscrimination in Airport Aid Programs. H. AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) GOAL The Selected Proposer shall be required to comply with the following terms of the contract: 1. Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Civil Rights Act of 1964, (42 U.S.C. 2000 d-1 et seq). 2. Title 14, Code of Federal Regulations (CFR), Part 152, Subpart E, Nondiscrimination in Airport Aid Programs. 3. The Authority has established the following minimum DBE participation goal for all services offered by this RFP: ___10%__. 4. DBE revenues must be attributable to and reportable as Disadvantaged Business Enterprise(s), as certified by the State of Florida. 5. Proposers are requested to indicate to what extent Disadvantaged Business Enterprises (DBE’s) would be utilized in the services offered and should show good faith efforts to include DBE’s in their proposals. I. MINIMUM QUALIFICATIONS The Respondent, including any joint venture partners as appropriate, must provide evidence that it has the necessary experience and capacity to fulfill the scope and conditions of the offered concession. J. PROPOSAL EVALUATION PROCESS AND CRITERIA All proposals will be reviewed and evaluated by an evaluation committee; the committee will provide its recommendation(s) to the Authority for award of the subject concession packages. The following criteria will be considered in the valuation of proposals: 6 1. Experience and Qualifications of Proposer or Proposer Team Number of years of experience with concepts and functions similar to those being proposed Professional references Quality of existing facilities operated by Proposer as determined by a review of photographs and other materials submitted by Proposer and possible site visits. 2. Food and Beverage Concept and Theme Development Quality and variety of menu offerings Design theme – Innovation and creativity in execution of overall theme (visual presentation of concepts, uniforms, product branding and presentation. Quality and innovation of graphics 3. Design and Quality of Owner Funded Improvements Creative and innovative design Design themes and quality of finishes 4. Management, Operations and Marketing Plan Level of management staff and its experience Compliance with Authority’s strict value pricing objectives Staffing and customer service programs, philosophies and training Methods for monitoring customer service Operations plan, including delivery and stocking of products and materials. Plans for efficient maintenance and repairs of equipment Employee identification and uniforms Frequency and quality of marketing efforts Employee Drug Free Workplace Policies 5. Financial Considerations Financial return to the Authority. Statement of Minimum Annual Guaranty and percentage of gross to be paid to the Authority. 6. Disadvantaged Business Enterprise Participation (DBE) (Pass / Fail) As further described in Section II of this RFP, Respondents must submit a DBE Plan that (1) provides participation by certified DBEs in the offered concession equal to at least 10.0% of the Minimum Annual Guarantee paid to the Authority or 5% of the expected annual gross revenues, whichever is greater or; (2) demonstrates good faith efforts by Respondent to achieve the DBE participation goals. Failure to demonstrate good faith efforts to meet the goal may constitute grounds for the Authority to determine that the proposal is not responsive to this RFP and the Proposer is not eligible for contract award under this RFP. 7 DBE’s identified in a proposal must be certified in accordance with State of Florida regulations as of the Proposal Due Date to meet the DBE participation goals set forth for this RFP. 7. Completeness and Comprehensiveness of Proposal (Pass/Fail) This criterion assesses whether the Proposer through its proposal and possible interview has provided adequate information for the Committee to evaluate the proposal. Proposals will be evaluated based on the following criteria and weighting. 8. Evaluation Criteria Weighting Criteria Weight Experience and Qualifications of Proposer Team 25% Concept and Theme Development 20% Design and Quality of Improvements 15% Management, Operations and Marketing Plan 25% Financial Considerations 15% Total 100% DBE Participation Pass/Fail Completeness of Proposal Pass/Fail K. AUTHORITY’S RESERVATION OF RIGHTS The Authority reserves the right to reject any or all proposals and to invite new proposals, or to take such other courses of action as the Authority deems appropriate at Authority’s sole and absolute discretion. Authority reserves the right to: 1. Waive any informality in any proposal or proposing procedure. 2. Reject any or all proposals. 3. Reject any portion(s) of a proposal. 4. Reissue the RFP with or without modification. 5. Specify approximate quantities in the RFP. 6. Modify the locations and sizes of the offered space. 7. Negotiate all proposal elements. 8. Any other reason the Authority determines serves its best interests. 8 L. AWARD AND REJECTION The Authority intends to award the concessions offered by this RFP to the qualified and responsible Proposer who provides the best overall proposal. The Authority is not required to select the proposal with the highest proposed Minimum Annual Guaranteed rental or the highest projected compensation to the Authority. Any one or more of the following, among others, may be considered sufficient reason for the rejection of a proposal, regardless of Proposer’s qualifications in respect to the Evaluation Criteria contained above: 1. Evidence of collusion among Proposers. 2. Non-responsibility, as determined by the Authority in its sole judgment, as shown by past work, references or other relevant factors. 3. Default on any obligation to the Authority including debt contract, as surety or otherwise. 4. Submission of a proposal that is incomplete, conditional, ambiguous, obscure, or that contains alterations or irregularities of any kind. 5. Submission of a food and beverage concept deemed by the Authority; in its sole judgment, to be inconsistent with the goals and objectives of the concessions program, including its merchandising plan. M. CONCESSION AGREEMENT The Selected Proposer shall enter into a Concession Agreement with the Gainesville- Alachua County Regional Airport Authority within thirty (30) days of notification of selection. Failure to execute a Concession Agreement within thirty (30) days will result in forfeiture of the Proposal Guarantee as liquidated damages. The final agreement shall be substantially similar to the Draft Concession Agreement contained herein as Attachment “C”. The Airport CEO may grant additional time to execute the Concession Agreement if warranted. Subject to earlier termination as provided in the attached Informational Draft of the Agreement, the agreement will be binding upon execution. Proposers are encouraged to carefully read this document to familiarize themselves with the obligations required of concessionaire. N. FAILURE TO CONTRACT If a Selected Proposer fails to execute an agreement with the Authority within 30 calendar days after notification of selection, the Authority reserves the right to withdraw the selection and reject the proposal. In such event, all rights and/or claims purported to arise from said selection will be forfeited. Further, the Authority shall retain the Proposal Guarantee, not as a penalty, but as liquidated damages. 9 O. CONSENT TO INVESTIGATION The Authority’s determination as to whether a Proposer is qualified and responsible will be based on information provided by the Proposer in its proposal, interviews (if applicable) and other sources deemed to be valid, in Authority’s sole judgment. A contract will not be awarded until all investigations of the Proposer’s business experience, financial responsibility and character are completed. By submitting its Proposal, the Proposer agrees to permit and cooperate with such investigations. P. PROPOSER INTERVIEW Proposers may be required to attend one or more interviews with the Authority and its designees to discuss specific issues related to the proposal. The Authority will determine the dates and times of such interviews and invited Proposers will be given notice of such at the appropriate time. Q. EXPENSES All expenses incurred by the Proposer in preparation of Proposer’s submittal including costs associated with interviews will be borne solely by the Proposer. The Authority is not responsible for any costs associated with any proposal submission. R. REPRESENTATION BY BROKERS The Authority will not be responsible for any fees, expenses or commissions for brokers or their agents. Communications by or between employees of, or consultants to the Authority, and any potential or actual Proposer broker or agent, are not to be construed as an agreement to pay, nor will the Authority pay any such fees, expenses or commissions. Proposer must hold the Authority harmless from any claims, demands, actions or judgments in connection with such broker fees, expenses or commissions. S. ANTI-LOBBYING PROVISIONS Except as otherwise provided herein, all Proposers will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the evaluation team. T. OWNERSHIP All proposals and supplementary material submitted by Proposers will become the property of the Authority. After Award, these documents become public records and, therefore, are subject to Florida Public Records Statutes even if said documents are marked proprietary or confidential. 10 U. DISCLAIMER The information contained in this RFP, and the attachments and appendices hereto, and any addendum that may be issued, is provided to assist prospective Proposers in the preparation of proposals. Proposers should satisfy themselves by personal investigation or such other means as they may think necessary as to the conditions affecting the offered concession. The information shown herein has been obtained from sources thought to be reliable, but the Authority and Airport staff, their respective officers, employees, agents, and contractors, are not liable for the accuracy of the information or its use by prospective Proposers. SECTION III. SCOPE AND CONDITIONS OF THE OFFERED CONCESSIONS The following paragraphs summarize the scope and key terms and conditions of the offered concession that will be incorporated in the Concession Agreement. This summary is not intended to be a complete description of the Agreement. A Draft Concession Agreement is included with this RFP as Attachment C. In the event of a discrepancy between this RFP and the Agreement, the terms of the Agreement shall prevail. Unless otherwise defined in this RFP, all capitalized terms shall have the same meaning as defined in the Draft Concession Agreement. A. CONCESSION PREMISES – AUTHORITY AND PROPOSER IMPROVEMENTS The food & beverage location to be leased to the Selected Proposer is shown in Attachment B. The Successful Proposer will be expected to lease the partially finished Concession Area, which includes the customer service counter and all areas behind the counter provided for food preparation and storage. The successful proposer will also have the right to serve food from a self-contained portable kiosk or food service cart to be located in the secure passenger lounge (TSA sterile area). The amount of space and location shall be at the discretion of the Authority. The Successful Proposer shall have access to one 110v outlet sufficient for Proposer’s cash register and credit card transaction machine. Access to and use of additional utilities are at the discretion of the Authority and any need for additional utility service should be noted in the Proposal. The cost for additional utility connections will be the responsibility of the Successful Proposer. With the exception of additional electrical service improvements to be made by the Authority and described below, the Proposer understands that the areas and the facilities related to this RFP will be made available in “as is/where is” condition, as reflected in the Food & Beverage Layout Plans contained herein as Attachment B (on CD). All Proposers are expected to thoroughly familiarize themselves with the attachments, visit the construction site during the mandatory pre-proposal meeting and request project drawings or additional information as necessary prior to submitting a proposal. The airport is constructing a partially finished concession area within the main waiting lounge of the commercial passenger terminal. Drawings detailing the airport supplied concession area and improvements are attached as Attachment B, (on CD). The concession area includes a high quality counter shell of approximately 5,200 linear feet. The counter shell is equipped with a pull down security grill so that the vendor side of the concession area can be secured whenever the concession operation is closed or unattended. 11 The leased concession area will have a bare concrete floor behind the customer service counter. The Selected Proposer will be responsible for any floor coverings or treatments. The leased concession area will have a finished drywall soffit above the customer service counter complete with recessed lighting. The ceiling within the concession area will be a lay-in grid type with “food safe” ceiling tiles and recessed fluorescent lighting provided by the Authority. The Selected Proposer will be responsible for any additional lighting improvements, i.e. Theme/ambiance lighting or additional task lighting in preparation areas. The leased concession area is equipped with “floor sinks” (floor drains) in strategic locations to facilitate the installation of stainless steel wash and prep sinks. Rough in water supply lines as shown in the Attachments shall be provided by the Authority. Additional water supply lines required to accommodate Proposer’s equipment will be furnished and installed by the Selected Proposer. The Authority shall install a minimum 200 amp electric distribution panel to serve the area. Should the Successful Proposer’s operation require additional electrical capacity beyond 200 amps, the cost for upgrading the electrical capacity shall be at the expense of the Selected Proposer. The Selected Proposer shall coordinate with the Authority prior to final installation of the electric distribution panel. The Selected Proposer shall be responsible to run all electrical conduits and install electrical devices required to service Proposer’s equipment. The Authority is installing a 96 inch wide by 42 inch deep by 30 inch high hood system complete with an Amerex Brand fire protection system to accommodate installation of electric grills/fryers/oven or other cooking appliances. The Selected Proposer shall be responsible to furnish and install all such cooking equipment and appliances and to make any required modifications of the hood system to accommodate said equipment at Proposer’s expense. The Authority has installed a 1050 gallon grease interceptor in the sanitary sewer connection to the concession area. The Selected Proposer shall be responsible to service the unit as required to keep the Authority’s sewer lines free of grease and contaminants, as determined by the Authority, but no less than twice per year. Proposer shall be responsible to furnish and install all counter seating/bar stools, sinks, food preparation counters, dishwashers, cooking appliances, utensils, cookery, cash registers, menu boards, signage, ambiance/design lighting, additional task lighting, construction of style elements/improvements, and all other equipment, furnishings and fixtures necessary for Proposer’s food and beverage service operations. All work shall be permitted as required and accomplished in accordance with local and state building codes as applicable. 12 B. USE OF PUBLIC AREAS AND OTHER AUTHORITY IMPROVEMENTS The Selected Proposer’s employees, patrons and guests shall have use, in common with the public, of all public restrooms and dining areas within the commercial passenger terminal. Proposer’s employees shall park their automobiles in the airport’s permitted employee parking lot. The monthly permit fee shall be equal to that charged to employees of other airport tenant businesses. This fee is published in the Authority’s Schedule of Airport Rates and Charges and is amended by the Authority from time to time. The AUTHORITY will make sufficient space available in the passenger gate area (TSA sterile area) to accommodate a food and beverage cart or portable kiosk service. The cart or kiosk should be an attractive, quality unit and reasonably self-sufficient, without need of a sanitary drain connection. Water service can be made available to service the cart or kiosk in some locations. Electric power is also available in some locations for plug-in of a cash register and credit card machine. The proposed location for the cart must be approved by the Airport CEO. The Authority has a paid parking lot (short-term and long-term) directly south of the commercial terminal. Proposer’s vendors and guests shall park in the paid parking lots under the rules established for those facilities. Currently, the first 30 minutes of parking is granted free of charge. The Authority is interested in maximizing the business potential of the concessionaire with the goal of improving the products and services available to air passengers. In order to achieve this, the Authority will allow free parking for Proposer’s patrons for no longer than two hours, on a space available basis, as determined by the Authority. The rules for use of the airport parking facility will be as determined by the Authority and may be modified, eliminated or suspended at the pleasure of the Authority. C. TERM OF AGREEMENT The Agreement will become effective and binding upon execution of the Agreement on behalf of the Authority, “Effective Date”. The Term will commence on the designated Commencement date as stated in the Concession Agreement and shall continue for Five (5) years. Depending upon the amount of capital investment committed to in the proposal, the Authority may allow the Selected Proposer renewal options of up to five (5) additional one (1) year terms, years nine and 10 at the sole discretion of the Authority. D. COMPENSATION TO THE AUTHORITY In consideration of the rights and privileges to be granted to the Selected Proposer by the Authority, the Selected Proposer will pay to the Authority during each year of the Term of the Concession Agreement, a sum equal to the greater of the proposed Minimum Annual Guaranteed rent, “MAG” for such year or the Percentage Fee to equal the proposed Percentage Fee Rate(s) multiplied by applicable gross sales for such year. The Authority will require a minimum Percentage Fee Rate of five percent (5%) of Gross Sales for this contract. Proposers are to complete Form ___ showing the proposed MAG and Concession Fee for each year of the contract. Weighting of selection criteria, including proposed revenue to the Authority is shown in Section II, item J-8. 13 The MAG for the Selected Proposer will commence as of the opening of the facility or the “commencement date” as designated in the Concession Agreement, whichever shall occur sooner. The MAG will be paid to the Authority in twelve (12) equal monthly installments. The Percentage Fee will commence as of the opening of the facility or the “Commencement Date” as designated in the Concession Agreement. The Percentage Fee shall be calculated monthly based upon the Proposer’s gross sales. The Proposer shall pay to the Authority the larger of the percent of monthly gross sales agreed to in the Concession Agreement or the monthly installment of the Minimum Annual Guarantee (MAG). Gross Sales shall mean the gross receipts for all goods and services rendered at the Airport, exclusive of retail sales taxes. Concession fees will not apply to tips which may be offered to Proposer or its employees only at their customer’s discretion. E. AIRPORT SECURITY The Selected Proposer shall be responsible to obtain airport issued security badges for each employee that needs access to a kiosk or any food and beverage cart operation within the passenger gate area (TSA sterile area). This area is beyond the TSA security checkpoint. The Authority will arrange for the required FBI background check, training and issuance of security badges, based on information properly supplied by Proposer’s employees. The fee charged to the Proposer for said services will equal that charged to airlines and other vendors requiring access to the airport sterile area. Vendor personnel as well as all food, utensils, materials and supplies and other items are subject to search and examination by TSA personnel prior to entering the sterile area. Certain potentially dangerous utensils may be subject to strict controls or be banned from the sterile waiting lounge. It is understood that the requirements of the FAA, TSA and the Authority regarding security matters may change from time to time and the Selected Proposer shall comply with all such requirements. Any fines assessed against the Authority for security violations by the Selected Proposer shall be reimbursed to the Authority. The Selected Proposer and its employees and agents shall follow all airport and TSA security rules and shall be subject to any fines levied for non-compliance by the TSA or other agency having jurisdiction. There is no security badge requirement for employees who do not need access beyond the TSA security checkpoint. F. UTILITIES & GENERAL MAINTENANCE The Authority will provide utility hookups and a grease interceptor serving the concession area. The Selected Proposer shall be responsible for all electric charges associated with the leased area. The Authority shall be responsible for all water and sewer charges, however, the Selected Proposer shall be responsible for all charges related to the pump-out of the grease interceptor to be conducted as needed to keep the Authority’s sewer lines free and clear of grease build-up. Pump-out of the grease interceptor shall be performed at a minimum of once every six months if the Selected Proposer installs any grease fryers, griddles, automatic dishwashing equipment or other appliances or cooking methods which generate significant amounts of grease as determined by the Authority. 14 The Selected Proposer shall, at its own expense, keep the Leased Premises including all Authority supplied equipment and fixtures as well as Proposer’s equipment and other personal property, neat and clean and in good repair and operating condition. If upon inspection by the Authority it is determined that maintenance, repair, or janitorial obligations are not being performed adequately, the Authority, or its agents, contractors, or employees, shall have the right to perform the maintenance, repair, or janitorial services, the cost of which will be reimbursed to the Authority plus a 15% administrative fee. G. EXCLUSIVITY The Authority will not enter into exclusive agreements with the Selected Proposer. It is understood and agreed that nothing herein is to be construed to grant or authorize the granting of an exclusive right to an individual Proposer. H. VALUE PRICING It is the policy of the Authority to provide the traveling public and other Airport visitors with the highest quality products for the highest value. Accordingly, the Agreement will include product-pricing requirements generally as follows: 1. Upon request, the Selected Proposer will be required to submit a Market Basket Survey comparing prices charged at the airport location to prices charged at Approved Benchmark Locations in the Gainesville Metropolitan Area. 2. The price for food and beverage items sold by the Selected Proposer must be priced no higher than the average price plus 10% for the same merchandise found in comparable off-Airport locations (excluding special promotional items) within the Gainesville Metropolitan Area. Comparable locations will be determined by the Authority, in consultation with the Selected Proposer, and may change throughout the Term of the Concession Agreement as determined necessary by the Authority. All menu item comparisons are to be similar or “like” in size, quantity, and quality. All branded or franchised food and beverage concepts should be compared to other identical brand stores or locations (e.g., Burger King compared to Burger King, Sbarro compared to Sbarro, etc.) 3. At least 30 days prior to opening the facility, the Selected Proposer shall submit to the Authority for its written approval, an initial proposed list of all items for sale with proposed prices for each item based upon prices of similar food and beverage offerings at the selected comparable locations. I. HOURS OF OPERATION The Authority would prefer the Selected Proposer to open the concession every day during such hours as stated in its proposal and agreed to in writing by the Authority. Ideally, Food & beverage facilities should be open at least 45 minutes before the first scheduled flight through 20 minutes after the last scheduled arrival flight. Proposers should accommodate passengers from flights that are delayed. Proposers should include the proposed operating hours in their proposal. Actual operating hours will be agreed to in-writing by the parties. Proposer shall comply with operating hours required in the concession agreement or alternate hours as approved in writing by the Airport CEO. 15 J. INSURANCE COVERAGE The Selected Proposer shall maintain at Proposer’s own expense insurance coverage in the areas and amounts required by the Authority, in full force and effect at all times during the term of the Concession Agreement. Required insurance shall be provided by an insurance company acceptable to the Authority as specified in the Agreement. The Authorities insurance requirements are listed in the Draft Concession Agreement included herein as Attachment C. The Authority reserves the right to update the required insurance areas and amounts as deemed necessary. K. PERFORMANCE GUARANTEE The Selected Proposer will be required to provide a Performance Guarantee equal to one- half (50%) of the Minimum Annual Guarantee as appears on Form 9, “Proposed Minimum Annual Guarantee”, within thirty (30) calendar days after the date the contract is awarded. This performance guarantee may be in the form of a Performance Bond, Certified Check, Cashier’s Check, Irrevocable Letter of Credit, or Money Order, made payable without condition to Gainesville-Alachua County Regional Airport Authority. L. LIQUOR AND FOOD AND BEVERAGE LICENSES The Selected Proposer will be responsible to obtain a Food and Beverage Service License from the State of Florida Division of Hotels and Restaurants. The Successful proposer must submit 3 sets of drawings of the concession area showing all equipment to be installed by the Proposer along with the required application form (4150) and fee to the Division of Hotels and Restaurants (tel. 850 487-1395). The permit process may take 30- 90 days. There is a $150 application fee. Information about the application, forms and current fees are available at www.MyFlorida.com/dbpr/hr. The Gainesville Regional Airport also is entitled to a special airport liquor license granted by the State of Florida Division of Alcoholic Beverages and Tobacco. The Selected Proposer will be responsible to transfer this license from the existing airport concessionaire by submitting form 6035 to the Division of Alcoholic Beverages and Tobacco. The transfer fee is $100. For current information about the liquor license application, fees and transfer process, contact the Division’s Gainesville Office at 352 333-2515. M. STORAGE SPACE In addition to the facilities listed herein, storage space may be available in other locations of the terminal building. If provided, all such storage will be at a rental rate of no less than twelve dollars ($12.00) per square foot per annum, which rental rate is subject to adjustment periodically to conform with revisions to the Airport Schedule of Rates and Charges established by the Airport Authority. Rental for ancillary storage space shall not be considered a part of the Minimum Annual Guarantee. Proposer shall be responsible to secure any items within the available storage space and stores them at Proposer’s own risk. The amount of ancillary storage space available for rent is at the sole discretion of the Authority. 16 N. SECURITY REGULATIONS AND PUBLIC ACCOMMODATION LAWS Proposer shall comply fully with applicable laws, regulations, building codes, health codes, regulations governing airport security and nondiscrimination in public accommodations and commercial facilities, including without limitation to the requirements of Title VI of the Civil Rights Act of 1964 and the Americans with Disabilities Act and all regulations thereunder. O. ACCOUNTING RECORDS AND REPORTS The Selected Proposer shall, no later than the 15th day of each month during the Term of the Concession Agreement, provide to the Authority: 1) a statement of Gross Receipts for the preceding month; 2) payment of fees in accordance with the Agreement; 3) a summary report of Gross Receipts and number of transactions and product category as requested by the Authority; and 4) such other reports as may be required by the Authority in accordance with the Agreement. The Selected Proposer shall maintain separate and accurate records of gross receipts in a form acceptable to the Authority. Within ninety (90) days after the end of a Concessionaire’s accounting year, Concessionaire shall provide the Authority with an audited statement of annual Gross Receipts prepared by an independent Certified Public Accountant. Concessionaire will have 30 days following submission of the Independent Audit Report to adjust the Audit, if a subsequent audit indicates errors in reporting. No additional credits or payments will be given to Concessionaire following the 30 day adjustment period. Upon written notice, at any time within four (4) years after the end of any operational year, the Authority may cause, without cost to Concessionaire, an inspection and audit to be made of the books and records of Concessionaire relating to its operation at the Airport. Fees, penalties and credits due as a result of such audit will be payable as established in the Agreement. P. PERFORMANCE STANDARDS The Authority desires to provide the traveling public, airport visitors and employees the highest level of customer service and product quality. Accordingly, the Authority has established various requirements specified in this RFP and the Concession Agreement. The Authority reasonably believes that failure by the Selected Proposer to adhere to these standards will result in significant inconvenience to the traveling public, visitors, and employees, adversely affecting the overall food & beverage business at the Airport and reduce the amount of rentals to be paid to the Authority. Q. EMPLOYEES The Selected Proposer shall insure a seamless and timely transition from the incumbent concessionaire that is without loss of service or revenue. The Selected Proposer shall employ and shall have available to GACRAA during all operating hours, competent, professional managerial/supervisory personnel to deal with emergencies. All of the Proposer’s employees shall be clean and neat in appearance and shall provide customer services in a competent, courteous and helpful manner. 17 SECTION IV. AIRPORT BACKGROUND The information provided in Section IV is intended to give Proposers an overview of business and passenger activity at the Gainesville Regional Airport. All the information listed including the number and types of airport businesses, air carriers, flight schedules, passenger and employee counts and related information is subject to change at any time and without notice. Gainesville Regional Airport (GNV) serves North Central Florida and the Heart of Florida through all facets of aviation: general aviation, commercial airlines, military and air cargo. Located in Gainesville, Florida, approximately 70 miles southwest of Jacksonville and just minutes away from the University of Florida, Gainesville Regional Airport provides a close, convenient and competitively priced “gateway” to the Heart of Florida. Delta Connection, operated by Atlantic Southeast Airlines, provides service to Atlanta, and US Airways Express, operated by PSA Airlines, provides service to Charlotte. In 2007, the airport served nearly 300,000 passengers (arriving and departing passengers). These numbers included an additional airline, Continental Connection, operated by Gulfstream International Airlines that will cease operations July 11, 2008. This airline accounted for approximately 8 percent of the traffic in 2007. Passenger Traffic Calendar Year 2003-2007 200000 150000 Enplanements 100000 Deplanements 50000 0 2003 2004 2005 2006 2007 18 Passenger Traffic Calendar Year 2000-2007 400000 300000 200000 100000 0 2000 2001 2002 2003 2004 2005 2006 2007 Passenger Traffic Calendar Year 1983-2007 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 83 85 87 89 91 93 95 97 99 01 03 05 07 19 19 19 19 19 19 19 19 19 20 20 20 20 19 Flight Schedule Sun Mon Tue Wed Thu Fri Sat Arr Dep Arr Dep Arr Dep Arr Dep Arr Dep Arr Dep Arr Dep Delta 1-Jun 2 3 4 5 6 7 Legend 4156 6:15 6:15 6:15 6:00 6:00 6:00 DL 4204 8:00 8:00 7:15 7:15 7:15 US 4215 4215 10:20 10:50 10:20 10:50 10:50 10:50 10:00 10:25 10:00 10:25 10:00 10:25 4631 4850 11:37 12:05 11:37 12:05 11:37 1:05 11:37 1:05 12:22 12:47 12:22 12:47 12:22 12:47 4881 4882 3:09 2:00 3:09 3:40 3:09 3:40 3:09 3:40 3:03 3:30 3:03 3:30 3:03 3:30 4338 4338 4:29 4:55 4:29 4:55 4:29 4:55 4:29 4:55 5:05 5:30 5:05 5:30 5:05 4337 8:18 8:18 8:18 8:18 8:01 8:01 8:01 4339 11:05 11:05 11:05 11:05 11:15 11:15 11:15 Sun Mon Tue Wed Thu Fri Sat Arr Dep Arr Dep Arr Dep Arr Dep Arr Dep Arr Dep Arr Dep US 5May 6 7 8 9 10 11 2410 7:25 7:25 7:25 7:25 7:25 2410 8:04 8:04 2401 2416 10:44 12:05 10:44 11:27 10:44 11:27 10:44 11:27 10:44 11:27 10:44 11:27 10:44 12:05 2417 2594 2:59 3:40 2:59 3:40 2321 2338 4:21 4:49 4:21 4:49 4:21 4:49 4:21 4:49 4:21 4:49 2525 2362 7:07 7:43 7:07 7:43 7:07 7:43 7:07 7:43 7:07 7:43 7:07 7:43 2537 9:07 2397 11:27 11:27 11:27 11:27 11:27 11:27 US Airways Express offers four flights (departures) per day with the exception of Saturdays. Delta Connection offers six flights (departures) per day with the exception of Sundays and Tuesdays. Charters for sporting events, and most recently, Harrah’s Entertainment customers, also depart from the airline terminal during the year. About 5600 passengers departed the airport on large charters in 2007 and 2300 in 2006. A number of car rental agencies serve the airport, including Alamo, Avis, Budget, Enterprise, Hertz and National. The airport currently provides 400 jobs at the airport, with 131 full-time employees and 97 part-time employees located at the airline passenger terminal. These figures do not include temporary jobs provided through FAA, FDOT and GACRAA funded construction projects. Some of the major General Aviation employers include University Air Center, Eclipse Aviation and DayJet. Full Part- Time Time Terminal 131 97 General Aviation 140 32 Totals 271 129 20 Airline Terminal Full-time Part-time ACVCB 0 2 ASA/Delta Connection 21 5 Avis 16 30 Budget 3 0 Continental Conn. 3 3 Enterprise 4 4 Fox Security 3 0 GACRAA 31 3 GPD 4 0 Hertz 7 25 National 4 2 Robinson - ATCT 6 0 Taxicab Drivers 10 0 TSA 12 16 USAirways 6 6 Wal-Staf (GACRAA) 1 1 Total 131 97 SECTION V. RECCOMMENDED MERCHANDISING PLAN AND CONCEPTS The Selected Proposer shall provide food and beverage service to airport passengers, employees and visitors from a new concession area in the commercial passenger terminal. Proposer is also highly encouraged to provide food and beverage cart, portable kiosk or carryall coffee service in the sterile waiting lounge (gate area) beginning at least 30 minutes prior to each morning flight. Fresh food items vs. pre-packaged items are desired whenever practical. Proposers should project an image of quality and consistency in a unique style that is reflective of the region, the Gainesville Area, an independent theme outlined in the proposal or an established brand. Proposer’s should adequately depict or describe the employee uniforms, menu/menu boards, graphics, signage, lighting and décor which would work to create the desired theme and image. The Selected Proposer shall provide legal alcoholic beverage items, including beer, wine and cocktails in accordance with an existing liquor license available as an airport operator. The Selected Proposer shall also have the opportunity to provide newspapers, magazines, paperback books, and various gift and sundry items as are routinely desired and available at airports as well as souvenir or gift items unique to the Gainesville area. 21 The Proposer may also propose to offer off-site catering services and retail delivery from the airport concession facility. These and other related activities may be approved at the discretion of the Authority so long as they do not negatively impact the concessionaire’s primary responsibility to provide quality food and beverage services to air passengers. The Authority has a paid parking lot (short-term and long-term) directly south of the commercial terminal. The Authority is interested in maximizing the business potential of the concessionaire with the goal of improving the products and services available to air passengers. In order to achieve this, the Authority will allow free parking on a trial basis for non-airline passenger patrons of the concessionaire for up to two hours on a space available basis as determined by the Authority. The rules for use of the airport parking facility will be as determined by the Authority and use of the parking facility by non-airline passenger patrons may be modified, eliminated or suspended at the pleasure of the Authority. 1. Morning Coffee Service Recommended food and beverage items include: A variety of quality, freshly prepared coffee drinks, hot teas, fruit juices, bottled water and cold soft drinks and energy drinks; baked goods such as danish, rolls, croissants, toasted bagels and spreads, scones, and muffins; Fresh, hot breakfast sandwiches of eggs, bacon and sausage; a variety of fresh fruits, granola bars, bran muffins, yogurt and other healthy selections. Fresh food items are preferred over pre-packaged items. As beverages and other liquids are not permitted to pass through the TSA security check-point, it is also recommended that the Proposer offer a snack and beverage cart or carryall coffee service in the sterile waiting lounge (gate area) beginning at least 30 minutes prior to each morning flight. Recommended cart service menu items include: Regular and de-caffeinated coffees, hot tea, juices, bagels, muffins, croissants, donuts/pastries or similar convenience breakfast items. Fresh food items are preferred over pre-packaged items. 2. Day and Evening Service Menu offerings should include a variety of freshly prepared deli sandwiches and salad offerings: i.e. wraps, fruit salad, pasta and deli salads, fresh greens and other cold selections; Freshly prepared hot sandwiches and convenience foods like hamburgers, hot dogs, hot sausage sandwiches, fresh pizza and calzone, hot pitas and wraps, pasta dishes and ethnic specialties are desirable; Beverages should include coffee drinks, iced tea, major branded fountain drinks, energy drinks, juices and bottled water. 3. Bar Service Recommended hours for bar service are from 11 a.m. until twenty minutes before the last scheduled departure. Packaged or poured domestic and imported beers, wine and related beverages, i.e. wine coolers. A mixture of popular brands and unique specialty brands are recommended. The Authority will look favorably on Proposers that also provide a variety of mixed drink specialties. All activities shall be conducted in accordance with state and local license requirements. 22 SECTION VI. SUBMISSION REQUIREMENTS In order to expedite the evaluation of proposals, Proposer’s MUST organize and label proposals as described below. Proposals must be organized to follow the sequence given below .Proposals which do not follow the specified format may be deemed unresponsive and may be disqualified from the process. In addition, failure on the part of the Proposer to provide the required documentation may be cause for rejection of the proposal. A. COVER/TRANSMITTAL LETTER B. EXECUTED AFFIDAVIT FORM (Form 1) Proposer must include an executed Affidavit Form in the format of Form 1. C. BUSINESS INFORMATION QUESTIONNAIRE (Form 2) Proposer must include a completed Business Information Questionnaire in the format of Form 2. D. BUSINESS AND FINANCIAL REFERENCES (Form 3) The Proposer should list no less than three business references and three financial references related to its business operations during the past three years. Proposers should use the format provided in Form 3. E. EXPERIENCE AND QUALIFICATIONS STATEMENT AND PROPOSER’S HISTORICAL RETAIL SALES STATISTICS (Form 4) Proposers should explain in detail the number of years and extent of Proposer’s food service experience or comparable business experience with special emphasis on the operation and management of a restaurant or other retail service outlet. Proposer should also provide resumes and details on the relevant experience of persons who will be directly involved in the management of this concession including, specifically, on-site manager(s). This section of the Proposal should include the following and be presented in the format of Form 4: Names of restaurants and other food service outlets operated by the Proposer in the prior five years Description of the food service concepts. sales volume and any existing business operations for the past three years History of food service experience Number of employees in total Photographs of the interior and exterior of a sample of an existing restaurant or comparable retail outlet. Other information that supports Proposer’s food service experience as it pertains to the Proposal. 23 F. METHODS OF MANAGEMENT AND OPERATION (Form 5) Describe the specific plan for operation and the services that will be provided. Include the following: a) Hours of Operation Propose hours of operation for the concession located on the main passenger course and any kiosk proposed for the secured passenger gate area. b) Staffing Plan Staffing plan to include the number of management and non- management employees and the shifts to cover the operating hours. c) Customer Service Philosophy and Programs A description of the Proposer’s goals with regard to customer service. Employee Training Programs, as available. Employee Policy Manual, as available. d) Logistics and Frequency Planned delivery schedule of new goods Replenishment of on-site stock e) Facility Maintenance Plan Policy for maintenance and repairs Frequency of cleaning and trash disposal Replacement of equipment, displays, fixtures and carpeting f) Policies and Practices Affirmative Action Plan G. RESTAURANT CONCEPT AND DESIGN (Form 6) Proposer should submit the following information in sufficient detail to clearly define the proposed food service outlet. This information should be presented in the format of Form 6, and include the following detailed descriptions: a) food service concept and theme including, as appropriate, a discussion of its relation to the Gainesville area; b) sample menu including proposed prices; c) a narrative description of the proposed capital improvements to be made to the space, the dominant design theme and a discussion of its relation to the Gainesville area, if applicable; d) preliminary plans in sufficient detail to allow evaluation of the quality and design of the proposed tenant improvements including: Visual presentation of any proposed improvements to the facility; such as renderings, drawings, sketches, photographs, etc., that include the interior and exterior views of the concession space and show the overall design of the space, general color scheme and fixtures; and; 24 Visual presentation of proposed interior and exterior signage and graphics. Proposer should identify its architectural design team, if applicable, specifying prior experience in the design of retail facilities (including resumes and project experience) with photographs of sample projects attached. H. PROJECTED SALES, NET INCOME AND CASH FLOW (Form 7) Provide a good faith estimate of the expected annual gross sales, cost of goods sold, other direct expenses, general and administrative expenses, net income and cash flow to be derived from the proposed operations over the Term for each location. Major assumptions used in developing the sales projections should also be clearly stated. I. CAPITAL INVESTMENT AND FINANCING PLAN (Form 8) Provide a detailed cost estimate for the proposed improvements and other start-up costs. Proposer should specify the source of funds (cash, bank loan, etc.) for capital improvements and start-up costs for each location. J. PROPOSED MINIMUM ANNUAL GUARANTEE (Form 9) State the Minimum Annual Guaranteed Rent (MAG) that Proposer proposes to pay for the first full lease year (Form 9). For subsequent years of the Term, the Minimum Annual Guarantee shall equal the greater of the proposed MAG or the proposed % of concessions gross revenue (5% minimum). K. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE PLAN (Form 10) It is the policy of the Authority that Certified Disadvantaged Business Enterprises (DBEs) should have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the Authority as managers and operators of concessions at the Airport. The Authority expects each Proposer to formulate a DBE Plan that is beneficial to the Proposer and the Airport community. Each Proposer shall make good faith effort to include DBE participation sufficient to reach the goal and include a DBE Plan or evidence of good faith effort as part of its proposal. The Proposer’s DBE Plan must be specific and identify operation of specific aspects of its business plan by DBE participants. Proposer must identify its DBE participants and describe in detail each DBE’s participation and the expected dollar value of these goods or services. 25 Information regarding the Good Faith Effort process is included in RFP 08-004 on Form 10. This portion of the form must be completed by those Proposers who are unable to meet the 10% DBE goal. Additional information regarding the Authority’s DBE program can be obtained by contacting Lynn Noffsinger, Grants and Contracts Administrator at (352) 378- 8797 or email@example.com. L. NON-COLLUSION AFFADAVIT (Form 11) Proposers must submit a signed and completed Form 11 with their proposal. M. FLORIDA PUBLIC ENTITY CRIMES STATEMENT (Form 12) Section 287.133(2)(a), Florida Statutes, contains the following provisions: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not perform work as a contactor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity, in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” Proposers must submit a signed and completed Form 12 with their proposal. N. DRUG FREE WORK PLACE (Form 13) Preference shall be given to Proposers submitting a completed Form 13 certifying they have a drug-free workplace. In the event two or more proposals are received and are equal with respect to fee offered, quality, and level of service and in all other respects, as determined by the Authority, preference will be given to the Proposal dedicated to a Drug-Free Work Place. O. EXCEPTIONS (Form 14) Proposer should include a list of exceptions, if any, to the requirements of this RFP, Forms and Attachments. State all such exceptions on the “Exceptions” Form 14. Identify the requirement, nature of the exception and explanation. If there are no exceptions to any portion of this RFP, Proposer should state so on the “Exceptions” page, Form 14. If no exceptions are identified and Proposer’s proposal is accepted, Proposer will conform to all of the requirements specified herein, including but not limited to, execution of the Concession Agreement in a similar form to the one in Attachment C. 26 P. OPINION OF LEGAL COUNSEL (Form 15) Proposer should obtain an opinion from legal counsel stating whether or not litigation is pending or contemplated that could affect Proposer’s ability to undertake its proposal. Q. OTHER INFORMATION (Form 16) Proposer should provide any other information that it believes would be helpful in evaluating the Proposer’s ability to successfully develop and operate the concession. R. RESOLUTION OF THE BOARD OF DIRECTORS (Form 17) CORPORATIONS AND PARTNERSHIPS ONLY. Proposer must complete a Resolution of the Board of Directors stating that it is duly authorized to submit this proposal and to enter into and execute a Concession Agreement, naming the officers of the Corporation or Partnership who are authorized to negotiate and to execute a Concession Agreement on the Proposer’s behalf. S. INSURABILITY (Form 18) Proposer must submit a letter from Proposer’s insurance company stating that the insurance company would provide insurance at the limits required in the Draft Concession Agreement for the services being proposed. T. RELEASE FORM (Form 19) Proposer must complete a Release Form to be used in the verification of reference information included in the RFP. U. PROPOSAL GUARANTEE (Form 20) Proposer must submit a proposal guarantee in the form and amount specified in Section II (E), payable to Gainesville-Alachua County Regional Airport Authority without condition or restrictive endorsement. 27 ATTACHMENT A REQUIRED PROPOSAL FORMS Required Proposal Forms 1. Executed Affidavit Form 2. Business Information Questionnaire 3. Business and Financial References 4. Experience and Qualifications Statement 5. Methods of Management and Operation 6. Restaurant Concept and Design 7. Projected Sales, Net Income and Cash Flow 8. Capital Investment and Financing Plan 9. Proposed Minimum Annual Guarantee 10. Airport Concession Disadvantaged Business Enterprise Plan 11. Non-Collusion Affidavit 12. Florida Public Entity Crimes Statement 13. Drug Free Work Place 14. Exceptions 15. Opinion of Legal Counsel 16. Other Information 17. Resolution of the Board of Directors (For Corporations and Partnerships Only) 18. Insurability 19. Release Form 20. Proposal Guarantee 28
"Sealed proposals for the develop"