GREATER ORLANDO AVIATION AUTHORITY

REQUEST FOR PROPOSALS

PROPERTY MANAGEMENT, BROKERAGE AND ADVISORY SERVICES

ORLANDO EXECUTIVE AIRPORT

ORLANDO, FLORIDA

June 22, 2020

2

REQUEST FOR PROPOSALS PROPERTY MANAGEMENT, BROKERAGE AND ADVISORY SERVICES

ORLANDO EXECUTIVE AIRPORT ORLANDO, FLORIDA

Pursuant to the policies and procedures of the Greater Orlando Aviation Authority (“Aviation Authority”), notice is hereby given that Proposals are invited from professional firms and individuals (“Proposers”) to submit proposals for Property Management, Brokerage and Advisory Services at Orlando Executive Airport. The Aviation Authority is seeking a professional firm or individual to provide property management, brokerage and advisory services (“Professional Services”) to the Aviation Authority for the Colonial Promenade Shopping Center and other commercial properties, as assigned, at Orlando Executive Airport. Sealed Proposals will be received by the Greater Orlando Aviation Authority until 5:00 p.m. EDT, Friday, July 31, 2020. The Request for Proposals, containing the Scope of Services, Submission Requirements and Instructions, Minimum Requirements and Qualifying Experience will be available to Proposers on Monday, June 22, 2020, for download at http://AirportLink.perfect.com. A Non-Mandatory Pre-Submittal Teleconference will be held at 2:00 p.m. EST, Tuesday, June 30, 2020. The Professional Services referenced in this Advertisement are subject to approval by the Aviation Authority prior to any work or services being performed. The Aviation Authority reserves the right to waive any informalities or irregularities or reject any and all Submittals. GREATER ORLANDO AVIATION AUTHORITY By: Domingo Sanchez

Aviation Authority Chairman

3

OVERVIEW.

The Greater Orlando Aviation Authority (“Aviation Authority”) is the governmental entity that operates Orlando International Airport (“MCO”) and Orlando Executive Airport (“ORL”). ORL provides travelers immediate access to the City of Orlando’s central business district, including area convention centers, major attractions, theme parks, beaches, night life and destination retail. The Aviation Authority strives to provide seamless world class corporate and general aviation services to aviation travelers through ORL with a convenient and accessible location, a wide range of amenities and safe, efficient, and attractive facilities. The Aviation Authority is currently soliciting interested parties as specified in this Request for Proposals (“RFP”) to submit Proposals (“Proposals”) to be evaluated and ranked by the Aviation Authority to provide Property Management, Brokerage and Advisory Services at ORL (“Scope of Services”). It is the intent of the Aviation Authority to evaluate the Proposals received based on the experience, qualifications and Proposal requirements that demonstrate that the Proposer has provided, and is capable of providing the Scope of Services. Award, if made, will be to the responsible and responsive Proposer submitting the Proposal , which is deemed by the Aviation Authority, in its sole discretion, to be the most highly qualified to the Aviation Authority, after considering the evaluation criteria as detailed in this RFP, for whom an agreement may be negotiated that is acceptable to the Aviation Authority. Interested Proposers are requested to submit their Proposals in accordance with the Submission Requirements and Instructions provided with this RFP. Any Proposal received after the date and time stated above will not be considered. The Agreement period, if an Agreement is awarded following the RFP process, will be for an initial term of two (2) years to commence on or about October 1, 2020, with one renewal term that may be exercised by the Aviation Authority for an additional two (2) years and one renewal term that may be exercised by the Aviation Authority for an additional one (1) year. The agreement between the successful Proposer and the Aviation Authority will be non-exclusive. A Pre-Proposal Teleconference will be held Tuesday, June 30, 2020 at 2:00 p.m. EDT. Please join the meeting from your computer, tablet or smartphone.

https://global.gotomeeting.com/join/962563837

Dial in for Audio: US (Toll Free): 1.877.568.4106

US (Direct): 1.646.749.3129 Access Code: 962-563-837

If participating in the Pre-Proposal Teleconference, participants are respectfully requested to RSVP to ColonialPMRFP@GOAA.org with their company name and contact information. The call will include a review of the RFP, and a question and answer period. Attendance at the Pre-Proposal Teleconference is not mandatory, but is strongly encouraged. Proposers are expected to be familiar with the RFP and to provide the Aviation Authority with any questions regarding the RFP at the Pre-Proposal Teleconference. Following the Pre-Proposal Teleconference, minutes may be electronically downloaded by visiting Airport Link’s website at http://AirportLink.perfect.com.

4

Copies of any information distributed during the Pre-Proposal Conference will be distributed via Airport Link and the Aviation Authority’s website. All questions regarding the RFP following the Teleconference must be submitted in writing to the Aviation Authority at ColonialPMRFP@GOAA.org. All communications regarding the RFP must be submitted to this address. No other forms of communications will be recognized. Copies of written inquiries and responses to the same will be distributed via addendum by visiting Airport Link or the Aviation Authority’s website. Questions received after 5:00 p.m. EST on Friday, July 10, 2020, will not be recognized. The Aviation Authority reserves the right to waive any informalities or irregularities of the RFP process, Proposals received in response to the RFP, to request clarification of information submitted in response to the RFP, to request additional information from any Proposer, to reject any or all Proposals, to re-advertise for Proposals, or to extend the date and time period during which it will accept Proposals. Proposers should note that the General Requirements describes irregularities in Proposals that may cause them to be rejected by the Aviation Authority. Included in these irregularities are those such conditions, limitations, or unauthorized alternative Proposals which may require the Aviation Authority to reject a Proposal. You are strongly urged to seek the Aviation Authority’s written advice before you submit a Proposal containing any of the irregularities described in the General Requirements. DESCRIPTION OF PROPERTY. The property at ORL includes several acres of developed and undeveloped non-aviation commercial real estate in and around the perimeter of the Airport. It is the intention of the Aviation Authority through this RFP process to enter into an agreement with the Proposer selected to provide property management, brokerage and or advisory services for any one or more of these commercial parcels, identified in this RFP. The initial assignment will include property management, brokerage and advisory services related specifically to the shopping center located at 4300-4360 E. Colonial Drive and 4600-4678 E. Colonial Drive, Orlando, Florida (the “Property”). The Property is situated just north of ORL and sits along a major commercial corridor, which sees over 65,000 vehicles per day. The Property was constructed in 1985 and is comprised of two buildings. The East Building is located at 4600-4678 E. Colonial Drive and the West Building is located at 4300-4360 E. Colonial Drive, which together include 187,509 square feet of gross leasable area, on nearly 13.45 acres of land as depicted on Exhibit “1” as Parcel E and F, as well as the four outparcels, depicted on Exhibit “1” as Parcels A-D. The Property is a unique value-add commercial real estate investment opportunity. Lease agreements and rent rolls are available in the virtual deal room located at https://orlandoairports.net/airport-business/#commercial-property. SCOPE OF SERVICES. The Proposer selected will be required to manage, operate and maintain the Property in a high quality manner to maximize its long term revenue to support the Aviation Authority’s operations at ORL. It is anticipated that the selected Proposer will perform the following services at the

5

Property, and/or other commercial properties at ORL that may be assigned in writing by the Aviation Authority:

1. Property Management Services. All services necessary for proper management and

operation of the Property including but not limited to: a. Prepare monthly financial statements, annual budgets and other financial reports

as requested;

b. Establish and supervise accounting functions, with appropriate accounting and cost control systems;

c. Collect all rents and other income from the Property and deposit such into an account established by the Aviation Authority;

d. Pay all expenses associated with the operation and maintenance of the Property;

e. Employ, supervise, discharge and pay all employees or contractors necessary to be employed in the management and operation of the Property;

f. Receive, consider and handle complaints of all tenants and guests of the Property;

g. Provide general services required to be performed by the landlord under any leases in accordance with such leases;

h. Enter into contracts as Owner's agent for utilities, services, materials and supplies in accordance with the annual budget;

i. Provide proper and proactive maintenance and upkeep of the Property in accordance with the annual budget;

j. Comply with all applicable Federal, State and local rules and regulations governing

the management and operation of the Property and the firm selected; and k. Adhere to the Aviation Authority’s Property Management Policy, Section 130.07,

Lease Management Policy, Section 130.071, and Real Estate Brokerage Policy, Section 820.01as may be amended from time to time.

2. Brokerage Services.

Develop and implement an innovative and comprehensive marketing and leasing plan designed to reinvigorate the Property with the proper mix of tenants with the goal of establishing a sustainable income stream to the Aviation Authority. Typical leases would have a term of one (1) to five (5) years, but the Aviation Authority may consider longer term for an anchor or key tenant. The Aviation Authority will not entertain a lease for a last mile/distribution center, warehouse or any residential use of the Property. The Aviation Authority will also not entertain any offers to purchase or lease with an option to purchase any portion of the property. The successful Proposer will be responsible for meeting with prospective tenants and conducting tours of the Property as well as negotiating leases upon terms and conditions to be approved by the Aviation Authority.

6

3. Advisory Services.

Provide broad based consulting and advisory services to the Aviation Authority with the goal of optimizing Property utilization and income including, but not limited to: a. Market conditions, trends and opportunities;

b. Highest and best facility and land use;

c. Marketing strategies and implementation; d. Reuse and redevelopment opportunities and risks;

e. Design, development and construction alternatives;

f. Current and future tenant assessments;

g. Financial due diligence;

h. Transaction due diligence;

i. Financial review and analysis;

j. Facilities management; and k. Other related or similar advisory services.

TERM OF THE AGREEMENT. The Aviation Authority anticipates entering in an agreement with the Proposer for an initial term of two (2) years. The Aviation Authority will have the sole option to renew the agreement; first for an additional two (2) year term followed by a second option to renew the contract for an additional one (1) year term. SUBMISSION REQUIREMENTS. The Aviation Authority is seeking Proposers to provide the services outlined above. Based on responses submitted by Proposers to this RFP, the Aviation Authority will identify qualified firms based on the information provided. Thereafter, the Aviation Authority anticipates conducting interviews of the selected Proposers, ranking the Proposals in response to the RFP and entering into negotiations with the highest ranked Proposer. If the Aviation Authority is unsuccessful in reaching an agreement with the highest ranked Proposer, the Aviation Authority reserves the right to or not to enter into negotiations with the next highest ranked firm until an agreement is reached that is acceptable to the Aviation Authority or the Aviation Authority elects not to enter into an agreement for the Scope of Services. In order to maintain comparability and enhance the review process, Proposals must be organized in the manner specified below.

7

1. Submission Instructions. Each Proposer's Proposal shall be in one (1) volume, with each response tabbed, numbered and ordered in the same manner as provided in this RFP. The information should be submitted on one-sided 8.5 X 11 inch pages in Arial font with no smaller than 10-pitch font, excluding resumes, charts, reports, examples, and case studies. The Proposal should be limited to not more than 50 pages, not including appendices. Interested Proposers are requested to deliver their Proposals by electronic mail addressed to Raymond D. Anderson, Esq., Senior Director, Concessions and Commercial Properties, Greater Orlando Aviation Authority, Orlando International Airport at ColonialPMRFP@GOAA.org prior to 5:00 p.m. EDT on Friday, July 31, 2020. Proposals submitted or received by facsimile or sent to any other electronic mail address will not be accepted. Any Proposals received after the time and date stated above will not be considered and will be returned unopened. Proposers are responsible for anticipating technical issues with sending the Proposal to insure that it is received on time. A Non-Mandatory Pre-Proposal Teleconference will be held at 2:00 pm EDT on Tuesday, June 30, 2020. Conference Bridge number 1.877.568.4106, Access Code: 962-563-837#. If participating in the Pre-Proposal Teleconference, participants are respectfully requested to RSVP to ColonialPMRFP@GOAA.org with their company name and contact information. All interested Proposers are invited to attend. The purpose of the Pre-Proposal Conference will be to review the requirements for the Proposal and to provide additional information regarding the Proposal. Copies of any information distributed during the Pre-Proposal Conference will be distributed via the Aviation Authority’s website. Questions regarding the Proposal will be received by the Aviation Authority through electronic mail written inquiries directed to the following address: ColonialPMRFP@GOAA.org. Copies of written inquiries and responses to same will be distributed via the Aviation Authority’s website or via addendum. Questions received after 5:00 p.m. on July 17, 2020, will not be answered. Electronic copy requirements: The electronic copy shall be PDF/A compliant. PDF/A compliant documents have embedded fonts and do not reference external files. Scanned documents shall be created as PDF/A compliant, made text searchable and have a minimum resolution of 300 dpi. Proposal in PDF format shall have navigational bookmarks inserted in lieu of any tabs required in the hard copy. The entire Proposal shall not exceed a single layer disc or thumb drive. In cases where there are discrepancies between the electronic PDF and hard copy, the hard copy shall take precedence. Each Proposal submitted should provide the following:

a. Cover Letter. b. Table of Contents. c. Executive Summary of Proposer. d. Detailed Outline of Proposer.

i. Name, address, telephone number and facsimile number of the legal entity that

would contract with the Aviation Authority, including i) the type of organization (corporation, sole proprietor, joint venture, partnership, other), and ii) Federal Employer Identification Number.

8

If the Proposer is a Joint Venture entity or Partnership entity it must be created and in existence prior to the deadline for Proposals on Friday, July 31, 2020, at 5:00 p.m. EDT. If it is formed specifically for this RFP, please provide a copy of the Joint Venture or Partnership Agreement. In addition, each Joint Venture or Partnership entity proposed must be the same Joint Venture or Partnership entity recorded as policyholder of the insurance required for this RFP. If the firm is a Joint Venture or Partnership, the Qualifying Experience may be satisfied by the Joint Venture, Partnership entity, or any member entity thereof.

ii. Name, address and telephone number of the office that will handle the account (the

“Proposing Office”).

iii. Name, title, address, telephone number, facsimile number, and e-mail address of one (1) individual responsible for the account who has at least ten (10) years of experience with property management, brokerage and advisory services immediately preceding the date of this RFP and to whom all future correspondence and/or communication to the Proposer will be directed (the “Lead Individual”).

iv. Statement to include name, title, role on the team and years of experience with

similar projects and assignments for each member of the proposed team that would be assigned to the Property (the “Engagement Team”);

v. An organization chart and resumes of the individuals on the Engagement Team and

clearly identify the proposed role for each.

vi. A narrative of the experience and qualifications of the Proposer and the Engagement Team members relative to the Scope of Services.

2. Minimum Requirements.

In order to be considered for evaluation, the proposers shall demonstrate sufficient capacity, ability, resources, and experience to provide the Scope of Services as required by the Aviation Authority. At a minimum, each Proposer shall provide the following:

a. Proposer must certify in writing with its Proposal that Proposer is registered to do business

in the State of Florida. Proposer shall provide a copy of such registration to the Aviation Authority with the Proposal submission.

b. Provide documentation that demonstrates Proposing Firm has had first-hand experience since January 1, 2015, in providing the Scope of Services described herein.

c. Proposer shall provide an affirmative statement that it is independent of the Aviation Authority.

d. Proposer shall include a written statement affirming that by submitting a response to this

RFP, the Proposer, the Lead Individual and its Team are not currently involved with any active agreement that would be in conflict with the Aviation Authority, and agree not to enter in to any such agreement during the duration of the agreement.

9

3. Qualifying Experience.

a. Provide an overview of similar properties where the Proposer and in particular the individuals who will be assigned to the Property acted as the primary management and leasing agent within the last ten (10) years. For each property example, please provide:

i. A narrative summary of the property, including a statement of Proposer’s role on the

activities undertaken with respect to such property;

ii. The dates that services were provided for the property;

iii. List of national, regional and local tenants placed in such property by category, such as restaurant, retail, service, gas/convenience, bank, office or other;

iv. Name, title, address, telephone number, and e-mail address for three (3) or more

third party reference contact persons, who are familiar with the Proposer's role for such property; and

v. Confirmation that at least one member of the project management team that worked

on the project will be assigned to the Engagement Team for the Property.

b. Provide at least three (3) projects in which the Proposer provided Advisory Services, substantially similar, in whole or in part, to those listed in “Scope of Services” within the last ten (10) years. For each project, please provide:

i. A narrative summary of the services provided and the name of the entity to whom the services were provided;

ii. The dates the services were provided; and iii. The names, addresses, and telephone numbers for a reference person for the entity

to whom the services were provided. 4. Engagement Team Resumes.

Each Proposer shall provide the names and resumes of the Lead Individual who will be assigned to the Engagement Team to provide Property Management, Brokerage and Advisory Services. For each individual assigned, please provide the following: a. The service or services to be provided; b. A licensed real estate broker or agent in the State of Florida, and the date of licensure; c. Whether a Certified Property Manager with the Institute for Real Estate Management and

if so, the date of certification and current status; d. Whether a SIOR with the Society of Industrial and Office Realtors or a CCIM with the

CCIM Institute of Commercial Real Estate and if so, the date of certification and current status;

e. Any other relevant licenses or certifications;

10

f. Any complaints or disciplinary actions against the licensee; g. The qualifications and years of experience relative to the services the individual will

provide to the Aviation Authority; h. Description of the square footage of commercial and/or retail space under

management; and i. The qualifications and years of experience relative to the services the individual will

provide to the Aviation Authority. 5. Engagements with Other Airport(s) and Governmental Entities.

The Proposer shall provide a brief description of the Proposer’s experience providing the same or similar services with governmental entities within the last five (5) years.

6. References.

a. The Proposers’ references should demonstrate that it has the experience required, and reasonably has the reputation, to perform Property Management, Brokerage and Advisory Services. It is the responsibility of the Proposer to provide references and information that most closely demonstrate experience with airport or public entity accounts of similar size, complexity, and risk exposure as the Aviation Authority.

b. The Proposer shall provide a minimum of three (3), but no more than five (5), references

of airports and/or governmental entity clients of the Proposing Office that demonstrate: (i) the Proposer satisfies the Minimum Requirements of the Submission Requirements; (ii) the Lead Individual and each member of Engagement Team has the experience to perform the services required by this RFP; and (iii) establishes the reputation of the Proposer and the Engagement Team. At a minimum, Proposer shall provide the following information for each reference:

i. Name ii. Address iii. Contact person iv. Telephone number and email address of contact person v. Time period during which services provided vi. Description of services provided vii. Status (current or past client)

c. The Proposer shall provide a list of any clients to whom the Proposer has provided property management, brokerage and advisory services on or after January 1, 2015, and to which any such services terminated prior to the end of the Agreement term. If services were terminated, the Proposer shall explain why.

7. Minority and Women Business Enterprise and/or Local Developing/Veteran Business

Enterprise Participation Programs.

a. All Proposers are hereby notified that they are highly encouraged to comply with: 1) the Minority and Women Business Enterprise (“MWBE”) program requirement as defined in the Aviation Authority’s MWBE Policy, and 2) the Local Developing Business/Veteran

11

Business Enterprise (“LDB/VBE”) program requirement as defined in the Aviation Authority’s LDB/VBE Policy. The Policies, Forms, and certified MWBE and LDB/VBE Directories are available online at the Aviation Authority’s website: http://www.orlandoairports.net/small_business.

b. The Aviation Authority has not set a MWBE or LDB/VBE participation goal for this RFP,

however, MWBE and/or LDB/VBE participation is highly encouraged.

c. The Proposer shall prepare a written action plan that demonstrates the Proposer’s understanding of the MWBE and LDB/VBE participation programs, and how the Proposer could achieve participation for these types of Services. Proposers shall be solely responsible for confirming MWBE and LDB/VBE sub-consultants' experience, capacity, certification and any other information related to the services.

d. Any MWBE and LDB/VBE certified firms are encouraged to propose. Despite not having

any specific goals for this RFP, the Aviation Authority may select one or more qualified MWBE and/or LDB/VBE firms for inclusion on the team, if such inclusion best meets the needs of the Aviation Authority in its exclusive discretion.

e. Please indicate if your firm is MWBE or LDB/VBE certified, and include in an appendix

documentation regarding certification. The Aviation Authority reserves the right, after the receipt of Proposals, to request, review and consider additional information and documentation regarding MWBE and LDB/VBE certification.

f. For firms not currently certified as an MWBE or LDB/VBE firm by the Aviation Authority,

the Aviation Authority’s Small Business Liaison Officer will accept certification from the following Directories:

i. GOAA Business Diversity Management System:

https://goaa.diversitycompliance.com/TN=goaa

ii. Orange County: http://apps.ocfl.net/orangebids/minorityvendorlisting/default.asp

iii. City of Orlando: https://cityoforlando.mwdbe.com/ Office of Supplier Diversity (OSD): https://osd.dms.myflorida.com/directories

iv. FDOT:https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspxn

g. Questions concerning the MWBE and LDB/VBE (DBE) program can be addressed to the

Aviation Authority's Office of Small Business Development, Attn. Mr. George Morning, Director, Greater Orlando Aviation Authority, Orlando International Airport, 5850-B Cargo Road, Orlando, FL 32827; Phone: (407) 825-7130, Email: George.Morning@GOAA.org or to Mr. Somdat Jiawan, Manager, Small Business Programs, at Phone: (407) 825-3481, Email: sjiawan@goaa.org.

8. Approach and Methodology

The Proposer shall provide a written description of the Proposer’s approach and methodology to the Scope of Services. The Proposer shall include a concise description of the Proposer’s services, including:

12

a. Provide a written and dated case study prepared to demonstrate the Proposer’s approach in identifying, analyzing and performing the most appropriate Management Plan, Leasing Plan and Marketing Plan for the Property.

b. Provide documentation that demonstrates the Proposer’s experience with Property Management, Brokerage and Advisory Services, and include an example of a report that reflects this.

c. The Proposer shall show that it can handle such actions as the Aviation Authority may reasonably request within the Scope of Services for Property Management, Brokerage and Advisory responsibilities, inclusive of possible of re-branding the Property should it prove to be beneficial. Proposal shall provide examples of a Property re-branding project for which they were involved.

d. The Proposer may be requested to assist the Aviation Authority in the planning, drafting, administration, and completion of a competitive solicitation process for development, redevelopment or repurposing the Property, if required. Proposer shall provide two (2) examples of two (2) different types of solicitations that have been previously drafted by the Proposer and an example of a contract negotiated by the Proposer.

e. Proposer shall provide evidence that it is familiar with the requirements of Property Improvement Plans (a document detailing the property upgrades and replacement). Proposer shall identify the type of Property Improvement Plans that they have assisted with, and their role.

9. Transition Plan.

Proposer shall submit a detailed transition plan with its RFP. This plan shall describe in detail the process that would be followed to implement the services to be provided pursuant to the Scope of Services. This plan shall also include time frames and information that would be required for such services to be fully operational and include a sample timeline with an explanation of how this timeline would be used in the transition process.

10. Financial Statements.

Proposers must provide most recent audited annual financial statements for the last two years in order to evaluate the Proposer’s ability to perform these Services. If audited annual financial statements are not available, Proposers must provide balance sheets, income statements, and cash flow statements for the last two years. This financial documentation shall be submitted in a sealed envelope, and included only with the original copy of the printed Proposal. The sealed envelope should be clearly labeled as follows: "Confidential Financial Records Submitted under Seal and Exempt from Florida Public Records Disclosure". Include the title “Property Management, Brokerage and Advisory Services at Orlando Executive Airport” and the Proposer’s name on the sealed envelope. (Reference Florida Statutes Section 119.071(1)(c) for exemption on financial records.) Note: If the Proposer is a Joint Venture entity or Partnership entity, the above-requested

documentation shall be submitted for each entity of the Joint Venture or Partnership.

13

11. Proposed Compensation.

The Aviation Authority expects to enter into a single contract for: 1) property management and operation services; 2) marketing and brokerage services; and 3) advisory services with the successful Proposer being compensated separately for each service. Accordingly, each Proposer is required to provide its proposed fee structure for a) management and operation services and b) advisory services. The Aviation Authority expects to compensate the successful Proposer for marketing and brokerage services in accordance with GOAA Organizational Policy and Procedure Section 820.01, attached as Exhibit 4.

12. Insurance Requirements.

Consultant shall procure and maintain at its sole expense during the term of this engagement, insurance of the types and in the minimum amounts outlined here below.

a. The Proposer awarded the Contract must provide, within ten (10) business days after

written Notice of Award, proof of professional liability insurance in the amount of Three Million Dollars ($3,000,000.00) and general liability insurance in the amount of One Million Dollars ($1,000,000.00), along with any other required insurance coverages as outlined in Exhibit “C” of the Agreement, evidence of business or occupational license, and a copy of Proposer’s W-9 Form (Request for Taxpayer Identification Number and Certification) as outlined in the Proposal Documents.

b. Such insurance shall be written by a company or companies licensed to do business in

the State of Florida and satisfactory to the Aviation Authority. Prior to commencing any work under the contract, certificates evidencing the maintenance of said insurance shall be furnished to and approved by the Aviation Authority. The firm shall ensure that no material alteration or cancellation, including expiration and non-renewal, shall be effective until thirty (30) days after receipt of written notice by the Aviation Authority of termination of appointment. The firm shall promptly notify the Aviation Authority of such material alteration or cancellation.

Each Proposer must provide evidence of the ability of the Proposer to provide insurance coverage consistent with the Aviation Authority’s insurance requirements, either by means of an existing policy or other verifiable proof (Agent/Broker commitment letter).

13. Claims and Litigation.

The Aviation Authority shall determine in its sole discretion the acceptability of Proposer's litigation/claims history. In addition to information discovered by the Aviation Authority pursuant to independent sources and investigations, each Proposer must respond to the following questions, which questions apply individually to all members of a joint venture Proposer: a. List all litigation, arbitration, claims, proceedings, judgments or settlements, including

confidential settlements, in excess of $250,000 involving the Proposer or its affiliates in which the Proposer was either the property manager or broker within the last five (5) years. For each matter, list the parties involved, the project involved, issue in litigation or dispute, the amount at issue, the case name, case number, venue and ruling or disposition if completed. Proposer may choose not to disclose the amount of any confidential settlements.

14

b. Has the Proposer ever been the subject of voluntary or involuntary bankruptcy or insolvency proceedings? If so, specify the dates and nature of the proceeding(s).

c. Has the Proposer ever been the subject of any federal, state or local enforcement action

or administrative proceeding involving a property managed by Proposer or the Proposer was the broker? If so, specify the dates and nature of the proceeding(s).

Note: If the Proposer is a joint venture or partnership, which is not currently in existence, the

above-requested documentation shall be submitted from each entity of the proposed joint venture or partnership.

14. Joint Venture Certification (only required if the Proposer is a joint venture).

If the Proposer is a joint venture of two or more firms, a statement signed by each member of the joint venture acknowledging that:

a. Each member of the joint venture will be jointly and severally liable for all obligations of

the Proposer under the contract entered into with the Aviation Authority;

b. If any member of the joint venture terminates its involvement in the joint venture following such joint venture’s short list selection, such joint venture may be disqualified, in the discretion of the Aviation Authority;

c. The Aviation Authority may, but has no obligation to, allow new members to be substituted for terminating members of the joint venture; and

d. No member has submitted, or will submit, either individually or as a part of another joint

venture, another response to this RFP.

15. Public Entity Crimes.

Pursuant to Section 287.133(2)(a), Florida Statutes, Proposers who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide services for a public entity, may not be awarded a construction contract and may not transact business with a public entity for services in excess of the threshold amount set forth in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must include a statement that the Proposer is not listed on the convicted vendor list and has not been convicted of public entity crime or specify otherwise.

16. Response Forms.

Proposer shall complete and submit with its Proposal the Response Forms attached as Exhibit 2 and Exhibit 3. Failure to do so may cause the Proposal to be deemed as non-responsive.

a. Proposer’s Warranty - The Proposer’s Warranty is included in the Response Forms as

Exhibit 2. The form shall be completed and signed by the Proposer’s duly authorized representative.

b. No Response to RFP - In the event a potential Proposer elects not to submit a Proposal,

15 13490107.v1

such potential Proposer should respond by completing and returning the “No Response to Request for Qualifications” form, advising the Aviation Authority of the reason for not submitting a Proposal. The No Response Form is included in as Exhibit 3.

17. Additional Information.

Additional information may be requested by the Aviation Authority at the Pre-proposal Teleconference. Furthermore, the Aviation Authority may consider any information it receives about Proposer from any other source to determine whether Proposer is qualified. The Aviation Authority may, at any time, request information from a Proposer clarifying or supplementing the information submitted by such Proposer.

18. Reservation of Rights.

The Aviation Authority reserves the right, in its sole discretion, to either disqualify or consider any Proposer:

a. With whom the Aviation Authority has had an unfavorable experience, such as poor,

defective or otherwise unsatisfactory performance on a project or as a result of litigation or breach of contract;

b. If any of the information submitted by such Proposer in response to this RFP is determined

to be inaccurate or misleading;

c. Who submits a response that is incomplete or unclear; and

d. For any other cause, which, in the Aviation Authority's judgment and sole discretion, is sufficient to justify disqualification of Proposer or its Proposal.

EVALUATION PROCESS. The Aviation Authority’s Professional Services Committee (“Committee”) is anticipated to review all Proposals in response to this RFP. The Committee intends to shortlist up to four (4) Proposers that are deemed the most qualified to perform the required services. Among the factors that may be considered in selecting the Proposers who will be shortlisted are their qualifications, ability to provide the required services, prior experience on similar projects, their past performance with the Aviation Authority (if applicable), their past performance with other entities, their Approach and Methodology for this assignment, including their anticipated management plan, leasing plan and marketing plan and their overall strategy to achieve the Aviation Authority’s desired objectives. 1. Addenda to Requests for Proposals.

Any response by Aviation Authority to a request by a Proposer for clarification or correction will be made in the form of a written Addendum. All parties whom have downloaded the RFP packages will be sent a notification of the issuance of an Addendum by e-mail. The Addendum may be electronically downloaded from Airport Link, by visiting their website at http://AirportLink.perfect.com. However, prior to submitting its response, it shall be the responsibility of each Proposer to visit Airport Link’s website to determine if Addenda were issued and, if so, to obtain such Addenda.

16

2. Questions and Clarifications.

Proposers may request additional information or clarification with respect to this RFP, in writing, until 5:00 p.m. EDT on July 10, 2020. Questions concerning this RFP are required to be submitted in writing by e-mail to ColonialPMRFP@GOAA.org. Questions received after the due date and time will not be answered.

3. Tentative Schedule. Release Date June 22, 2020 Pre-proposal Teleconference (2:00 p.m. EDT) June 30, 2020 Deadline for submission of questions (by 5:00 p.m. EDT) July 10, 2020 Release of Addendum July 17, 2020 Deadline for return of Proposals (by 5:00 a.m. EDT) July 31, 2020 Shortlisting by Professional Services Committee TBD Interviews by Professional Services Committee (if requested) TBD Recommendation heard by the Aviation Authority Board September 16, 2020

4. Evaluation Criteria.

a. The Aviation Authority intends to select the Proposer that is deemed to be the most highly qualified to perform the required services after considering the evaluation criteria, in its exclusive discretion. The evaluation criteria do not have any specific predetermined relative weight. The consideration of individual criterion is merely a tool to assist the Aviation Authority in determining which Proposal is deemed to be responsible, responsive, and the most highly qualified to perform the required services, as a whole, to the Aviation Authority, all factors being considered. The relative advantages of a Proposer’s responses with respect to one criterion may outweigh shortcomings of that Proposer’s responses in one or more other criterion, depending on the relative disparities in the qualities of the responses in each criterion and the relative importance of certain criteria to each other, as determined in the exclusive discretion of the Aviation Authority.

b. The Proposer’s references should demonstrate that it has the ability and experience

required to perform the Scope of Services. It is the responsibility of the Proposer to provide references and information that most closely demonstrate responsiveness to the Scope of Services.

c. For all Proposers who satisfy the Minimum Requirements of the Submission

Requirements, the Aviation Authority will consider the following items, in connection with its evaluation of Proposals. The Aviation Authority reserves the right to determine, in its sole discretion, the degree to which the Proposer’s experience and qualifications are consistent with the size, complexity, and requirements of the Aviation Authority.

i. Ability, qualifications, experience, and reputation of the Proposer and Engagement

Team with respect to the Scope of Services.

ii. Proposer’s methodology and approach to perform the Scope of Services.

iii. Proposer’s familiarity with the requirements of Property Improvement Plans.

17

iv. Background information and disclosures on the Proposer, including but not limited to, small business participation, references, office locations, claims and investigation disclosures, and financial strength.

d. The proposed rate(s) and fee structure(s) for a) management and operation services; and

b) advisory services.

5. Selection Process.

a. Proposals in response to this RFP will be evaluated and ranked by the Aviation Authority’s Professional Services Committee (Committee). The recommendation of the Committee will be considered by the Aviation Authority Board for award.

b. The Committee intends to shortlist no fewer than four (4) qualified Proposers, if reasonably

possible. Among the factors that will be considered in selecting the Proposers who will be shortlisted are their qualifications, approach to providing the Services, ability to provide the required Services, prior experience on similar projects, their past performance with the Aviation Authority (if applicable), their past performance with other entities, level and quality of small business participation, and the responses to the inquiries set forth above. The Aviation Authority reserves the right to solicit from available sources relevant information concerning a Proposer’s past performance and may consider such information in its selection of shortlisted Proposers.

c. Shortlisted Proposers will be scheduled for a presentation and interview if required by the

Committee. Following presentations and interviews, the Committee shall make a final ranking and select in order of preference, based on the above information and interview results, in order to recommend the award to the Aviation Authority’s Board to the responsible, responsive, and in its sole discretion, deemed to be most highly qualified Proposer to perform the requested services.

d. Following the Aviation Authority Board approval of the Committee ranking, the Aviation

Authority shall enter into negotiations with the top-ranked Proposer, in order to consummate a contract on terms that are fair, competitive and reasonable. Should the Aviation Authority be unable to negotiate a satisfactory contract with the top-ranked Proposer, negotiations with that Proposer shall be terminated. The Aviation Authority shall then undertake negotiations with the second-ranked Proposer, and if necessary, additional Proposers in accordance with the order of ranking. Upon successful completion of contract negotiations with a Proposer, the Aviation Authority shall have the right, but not the obligation, to award all or any portion of the services. The Scope of Services, along with the fees for such Services, will be subject to final approval by the Aviation Authority. The Aviation Authority intends, but is not obligated, to enter into a non-exclusive agreement with the highest ranked Proposer to perform the required Services described herein. The Aviation Authority reserves its right to award any or all of the advertised services subject to the availability of funding.

e. The Aviation Authority reserves the right to waive any informality in the RFP, to reject any

and all Proposals, and to re-advertise or elect not to proceed with the services for any reason. All recommendations and decisions regarding award of the services shall be made at open public meetings in accordance with the requirements of Florida Statute 286.011, and all interested parties are invited to attend such meetings.

18

f. For individuals who conduct lobbying activities with Aviation Authority employees or Board members, registration with the Aviation Authority is required each year prior to conducting any lobbying activities. A statement of expenditures incurred in connection with those lobbying instances should also be filed prior to April 1 of each year for the preceding year. Lobbying any Aviation Authority staff who are members of any committee responsible for evaluating or ranking Proposals, and thereafter forwarding those recommendations to the Board, and/or any Board Members is prohibited from the time that this Request for Qualifications, is released to the time that the Board makes an award. As adopted by the Board on September 19, 2012, lobbyists are now required to sign-in at the Aviation Authority offices prior to any meetings with Staff or Board members. In the event a lobbyist meets with or otherwise communicates with Staff or a Board member at a location other than the Aviation Authority offices, the lobbyist shall file a Notice of Lobbying (Form 4) detailing each instance of lobbying to the Aviation Authority within 7 calendar days of such lobbying. As of January 16, 2013, lobbyists will also provide a notice to the Aviation Authority when meeting with the Mayor of the City of Orlando or the Mayor of Orange County at their offices. The policy, forms, and instructions are available in the Aviation Authority’s offices and the website. Please contact the Director of Board Services with questions at (407) 825-2032.

g. The meetings of the Committee and Aviation Authority Board are public meetings.

6. Preparing Responses.

Each Proposal must contain the signature and title of the duly authorized representative of the Proposer on the Proposer’s Warranty. Failure to properly complete the information requested in this RFP may result in rejection of a Proposal from consideration. It is important that each section of the Proposal is completed fully and that the Proposal includes a comprehensive and detailed description of the Proposer’s capabilities/experience, work performed and qualifications of the Engagement Team, as well as all other descriptions required by this RFP.

7. Communication during the Evaluation Process.

In accordance with Aviation Authority policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Proposer or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Solicitations, making recommendations or making an award, is prohibited from the time that the Solicitation is released to the time that the award is made. An appropriate official or employee of the Aviation Authority may initiate communication with a Proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Any official communication from a Proposer during the RFP process should be submitted electronically in writing to the Aviation Authority to the email address at ColonialPMRFP@GOAA.org. A copy of these policies (Sections 180.01 and 180.03) are available upon request from the Director of Board Services.

8. Rejection of Irregular Request for Qualifications.

19

a. A Proposal will be considered irregular and may be rejected by the Aviation Authority if it (i) is improperly executed; (ii) shows omissions, alterations of form, additions not called for, unauthorized conditions or limitations, or unauthorized alternate Proposal; (iii) fails to include the proper Proposal Warranty, references, other certificates, affidavits, statements, or information required to be included with Proposal, or (iv) contains other irregularities of any kind.

b. The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy

(Section 204.01) which addresses, the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Proposer and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Proposer to propose on any contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Director of Board Services.

c. The Aviation Authority has adopted a policy which addresses, among other things, the

obligations of the Aviation Authority’s employees with respect to having an interest in business entities, unauthorized compensation and acceptance of gifts. Please be aware that any act by a Proposer that could cause an Aviation Authority employee to violate the policy is sufficient cause for the denial of the right of the Proposer to propose any Agreement or sell any materials, supplies, equipment or services to the Aviation Authority for period of time that is determined by the Executive Officer. A copy of the policy is available upon request from the Director of Board Services.

9. Waiver and/or Rejection of Responses.

The Aviation Authority reserves the right to waive informalities or irregularities in any Proposal, to reject any and all Proposals in whole or in part, with or without cause, and to accept that Proposal, if any, which in its judgment deems to be responsible and responsive, and in its sole discretion is deemed the most highly qualified to the Aviation Authority to perform the required services after considering the evaluation criteria. The Aviation Authority reserves the right but not the obligation to short list Proposers and/or to conduct interviews and/or demonstrations with either all Proposers or those that are short listed for further consideration.

10. Withdrawal of Request for Qualifications.

No Proposal may be withdrawn after the scheduled Proposals opening time for a period of one hundred twenty (120) days. Any Proposer withdrawing or attempting to withdraw its Proposal prior to the expiration of the one hundred twenty (120) day period shall be obligated to reimburse the Aviation Authority for all its costs incurred in connection with such withdrawal or attempted withdrawal including, without limitation, any increased costs for procuring the goods or services from another Proposer or all costs of advertising and re-procuring the goods or services, and all attorneys’ fees, in addition to payment of Aviation Authority’s other damages. A Proposer’s submission of a Proposal shall be deemed the Proposer’s acknowledgment of an agreement to the provisions of this Section.

20

11. Notice of Intent to Award Agreement.

Unless all Proposals are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within one hundred twenty (120) days from the opening of Proposal to the responsible and responsive Proposer submitting the Proposal deemed to be most highly qualified to the Aviation Authority, all factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Proposals and to cancel the procurement or to solicit new Proposals.

12. Independent Consultant Status and Compliance with the Immigration Reform and

Control Act. Proposer is and shall remain an independent Consultant and is neither agent, employee, partner, nor joint venture of Aviation Authority. Proposer acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, et seq, and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach of the Agreement.

13. Non-Exclusive Services. This is a non-exclusive Agreement. During the term of this Agreement, and any extensions thereof, the Aviation Authority reserves the right to contract for another provider for similar services as it determines necessary in its sole discretion.

14. Scrutinized Company Certifications.

By submitting Proposal, the Proposer certifies that: (a) (applicable to all agreements, regardless of value), it is not on the Scrutinized Companies that Boycott Israel List and is not engaged in a boycott of Israel, as defined in Florida Statutes § 287.135, as amended; and, (b) (applicable to agreements that may be $1,000,000 or more), it is: (i) not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as defined in Florida Statutes § 287.135; and, (ii) not engaged in business operations in Cuba or Syria, as defined in Florida Statutes § 287.135, as amended. Aviation Authority Contracts require Contractors/Consultants to comply with the requirements of E-Verify. Contractor/consultants will be required to utilize the U.S. Department of Homeland Security’s Employment Eligibility Verification System (e-verify), in accordance with the terms governing the use of the system, to confirm the employment eligibility of persons employed by the Contractor/Consultant, during the term of the Contract, to perform employment duties within Florida. Prime Contractors/Consultants are required to include an express provision in their Sub-consultant/Subcontractor Agreements requiring the Sub-consultants/Subcontractor to do the same.

15. Proprietary Information.

a. In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that the Request for Proposals and the responses thereto are public records.

21

However, the Proposers are requested to identify specifically any information contained in their Proposals which they believe to be exempt from disclosure, citing specifically the applicable exempting law. The Aviation Authority will consider a Proposer’s opinions regarding the applicability of Chapter 119, Florida Statutes, but shall not be obligated to concur in such opinions.

b. All information and documents received from Proposers in response to this RFP will

become the property of the Aviation Authority, will not be returned to the Proposers, and will be incorporated in the final Agreement in the event of Agreement award. Any work product produced as part of the Agreement will become the exclusive property of the Aviation Authority.

GENERAL TERMS AND CONDITIONS. Proposals and all materials and documents contained in, comprising, or which are otherwise submitted to Aviation Authority with or in connection with the Proposer's Proposal (the “Proposals”) which are not complete and/or not in full compliance with the requirements set forth herein may be rejected by the Aviation Authority as non-responsive, in the Aviation Authority's sole and absolute discretion. The Aviation Authority reserves the right to waive any informality in the Proposals, to reject any and all Proposals, to re-advertise the RFP or to elect not to proceed with the RFP for any reason. Proposers are responsible for checking the Aviation Authority website for any addenda that may be issued with respect to this RFP. The Aviation Authority shall have no responsibility for a Proposer's failure to be aware of any addenda posted on the Aviation Authority's website. Proposers may be disqualified if there is ex-parte contact with the Aviation Authority about the Project during the advertisement and selection process, except that Mr. George I. Morning, Director of Small Business Development, Greater Orlando Aviation Authority, may be contacted concerning MWBE/DBE participation as described above. All decisions regarding the determination of qualified Proposers will be made at open public meetings in accordance with the requirements of Section 286.011, Florida Statutes, and all interested parties are invited to attend such meetings. The Aviation Authority reserves the right to solicit from available sources relevant information concerning a Proposer's past performance (including past performance with the Aviation Authority) and may consider such information in its decision to qualify Proposers. In accordance with Section 287.055(10), Florida Statutes, the Aviation Authority declares that all or portions of the documents and work papers submitted pursuant to this RFP shall be subject to re-use by the Aviation Authority and will not be returned. Only those Proposers submitting Proposals which meet the requirements herein specified will be considered for the services contemplated herein, regardless of past contact with the Aviation Authority or other agencies, departments or staff personnel. Please be aware that all documents submitted to the Aviation Authority as a part of or in connection with this RFP will constitute public records under Florida law regardless of any person's claim that proprietary or trade secret information is contained therein. By submitting a Proposal, the Proposer thereby grants the Aviation Authority and its agent’s permission to copy and distribute the Proposal. Such permission specifically authorizes the Aviation Authority and its agents to make and distribute such copies of the Qualification Package or portions thereof as may be deemed necessary or appropriate by the Aviation Authority for its own internal purposes or for responding to requests for copies from any member of the public,

22

regardless of whether the request is specifically characterized as a public record request pursuant to Chapter 119, Florida Statutes. Proposers are hereby advised that individuals, who conduct lobbying activities with Aviation Authority employees or Board members, must register with the Aviation Authority each year prior to conducting any lobbying activities. A statement of expenditures incurred in connection with those lobbying instances should also be filed prior to April 1st of each year for the preceding year. As of January 16, 2013, lobbying any Aviation Authority Staff, who are members of any committee responsible for ranking Proposals, Letters of Interest, Statements of Qualifications or Bids and thereafter forwarding those recommendations to the Board and/or Board Members, is prohibited from the time that a Request for Proposals, Request for Letters of Interests, Request for Qualifications or Request for Bids is released to the time that the Aviation Authority Board makes an award. As adopted by the Aviation Authority Board on September 19, 2012, lobbyists are now required to sign-in at the Aviation Authority offices prior to any meetings with Staff or Board members. In the event a lobbyist meets with or otherwise communicates with Staff or an Aviation Authority Board member at a location other than the Aviation Authority offices, the lobbyist shall file a Notice of Lobbying (Form 4) detailing each instance of lobbying to the Director of Board Services within seven (7) calendar days of such lobbying. The policy, forms, and instructions are available in the Aviation Authority’s offices and the website.

(Intentionally left blank)

23

EXHBIT 1 LOCATION PLAN, PARCELS A THROUGH D, E AND F

24

25

EXHIBIT 2 RESPONSE FORMS

PROPOSER’S WARRANTY

This page must be completed, signed and submitted with the Proposal. The undersigned person by the undersigned's signature affixed hereon warrants that: 1. The undersigned has carefully reviewed all of the materials and data provided in the

Proposer’s response on behalf of the Proposer and, after specific inquiry, believes all of the material and data to be true and correct;

2. The Proposal offered by the Proposer is in full compliance with the Minimum

Requirements set forth in this RFP; 3. The Proposer authorizes the Aviation Authority, its staff or consultants to contact any of

the references provided in the response and specifically authorizes such references to release either orally or in writing, any appropriate data with respect to the Proposer and its Engagement Team members;

4. The undersigned has been specifically authorized to accept and commit Proposer to

execute the attached Agreement in full compliance with all requirements and conditions as set forth in this RFP.

5. The Proposer shall provide evidence of the ability of the Proposer to meet the insurance

requirements as described in this RFP. 6. The Proposer shall provide a copy of their Florida registration or application as a condition

to entering into an Agreement with the Aviation Authority. If Proposer elects to use a fictitious name in its Proposal, a copy of Proposer’s fictitious name registration shall be provided to the Aviation Authority.

7. The undersigned acknowledges its responsibility to ensure receipt of the entire RFP and

any addenda. Name of Proposer Signature of Authorized Representative Typed/Printed Name of Authorized Representative Title Date Address Email Address Phone Number

26

EXHIBIT 3 NO RESPONSE FORM

TO

REQUEST FOR PROPOSALS

If your firm is unable to submit a Proposal at this time, please provide the information requested in the space provided below and return electronically to:

ColonialPMRFP@GOAA.org. We have received the Request for Proposals for Property Management, Brokerage and Advisory Services at Orlando Executive Airport, which Proposals are due electronically at 5:00 pm EDT, Friday, July 31, 2020, at the following address: ColonialPMRFP@GOAA.org. Our firm's reason for not submitting a Proposal is:

Name of Proposer Signature of Authorized Representative Typed or Printed Name of Authorized Representative Title

27

28

29

30

31

32

33