Bid PB 18-10 First Amendment.pdf

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

AMENDMENT NO. 1

INVITATION FOR BID # PB 18-10

AUGUST 31, 2018

RENTAL CAR LEASE AND CONCESSION AT THE

PALM BEACH INTERNATIONAL AIRPORT

This Amendment No. 1 is issued to provide additional information and clarification to the Invitation For Bids (IFB).

Bidders are advised of the following information pertaining to the IFB:

1. The sign-in sheet from the Mandatory Pre-Bid Conference held on August 28, 2018, is attached as

Attachment “A” to this Amendment No. 1.

2. The PowerPoint presentation from the Mandatory Pre-Bid Conference held on August 28, 2018, is attached as Attachment “B” to this Amendment No. 1. Bidders should note the presentation is provided for informational purposes, and in the event of any conflict between the provisions of the IFB, or any written amendment to the IFB, the IFB or amendment shall control.

3. The IFB is hereby amended to add Exhibit “2B”, Diagram with Dimensions of the Seven (7)

Existing Rental Car Reservation Counters at the Terminal. Exhibit “2B” to the IFB is attached as Attachment “C” to this Amendment No. 1.

4. General Condition 3(a), on page 4 of the IFB is amended to provide that “…Bidder shall submit one (1) unbound original and one (1) hard copy, plus one (1) electronic copy in a PDF format on a CD or flash drive to be submitted to Palm Beach County Department of Airports no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling.” (modified language shown in underline)

5. Special Condition No. 11, on page 8 of the IFB is amended to correct a scrivener’s error, correcting the dates in the Third Contract Period to read (January 1, 2021 - June 30, 2021).

6. Specification No. 2 on page 10 of the IFB is deleted in its entirety and replaced with the following Specification No. 2: (modified language shown in underline)

2. GENERAL DESCRIPTION OF THE CONCESSION AGREEMENT

Award of a Concession Agreement includes the non-exclusive right, privilege, and obligation to lease, operate and manage a rental car reservation counter. Currently there are seven (7) rental car reservation counters located in the Terminal, of which six (6) have offices associated with the counters, located in the Terminal, as shown on Exhibit “2” (“Assigned Premises”), attached hereto.

In the event there are eight (8) successful bidders, an eighth counter will be permitted, in the general location depicted in Exhibit ”2A”. The Bidder for this eighth car rental reservation counter shall be responsible to construct the counter, and a rental credit (“Construction Credit”) will be provided to the Bidder as provided in the alternative language provided in Section 6.01 of the Concession Agreement. The operation and management of the counter and office areas is strictly limited to the conduct of the concessionaire's rental car business. Bidders may propose marketing or operating a maximum of two (2) brands of rental car service companies from its Assigned Premises provided that Bidder has a majority ownership interest in, or is authorized to operate, each of the brands of rental car service companies, as described in Section 4.06 of the Concession Agreement. Bidders must provide on the Bid Response Form the brand(s) of rental car services it is proposing to market from its Assigned Premises.

7. The Concession Agreement (Exhibit “1” to the IFB) included alternative language for Section 6.01, in the event an additional rental car reservation counter would be constructed. The alternative language in Section 6.01 is hereby deleted in its entirety and replaced with the following alternative language in Section 6.01:

Insert the following alternative Section 6.01 if additional counter area will be constructed by Concessionaire:

6.01 Required Improvements. Concessionaire shall, at its sole cost and expense, design, construct and install all electrical, data, communications, lighting and other improvements and trade fixtures necessary and customary for the operation of a rental car concession within the Assigned Premises (the “Initial Leasehold Improvements”) in accordance with the requirements of this Article, subject to a credit by County, in the form of credit against Concession Fees payable by Concessionaire to County hereunder, in an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000) (the “Construction Credit”). For purposes of this paragraph, the term “Initial Leasehold Improvements” shall not include equipment, trade fixtures or supplies, or include removable furnishings unless expressly approved in advance in writing by the Department. Subject to the requirements of this Agreement pertaining to permitting and construction approval, Concessionaire shall be entitled to commence construction of the Initial Leasehold Improvements upon the Effective Date. Notwithstanding any other provisions of this Agreement, approval of the Initial Leasehold Improvements by the Department shall extend to and include architectural and aesthetic matters and the Department may, in its sole and absolute discretion, reject any layout or design proposals submitted and require Concessionaire to resubmit any such layout or design proposals until Concessionaire receives the Department’s approval.

Within sixty (60) days following the substantial completion of construction of the Initial Leasehold Improvements, Tenant shall, at its sole cost and expense, have prepared and delivered to the Department a written agreed upon procedures examination report in a form and substance reasonably satisfactory to Department prepared and certified by a qualified and licensed independent Certified Public Accountant, not a regular employee of Concessionaire, detailing the costs of the Initial Leasehold Improvements as set forth herein, and the cost of such report shall be eligible for inclusion in the Construction Credit.

The Construction Credit shall be issued by County within sixty (60) days following County’s approval of such cost report.

8. In the event an eighth rental car reservation counter is constructed, Section 5.03, Facility Rental, of the Concession Agreement for such concessionaire shall be modified to provide that: Payment of Facility Rental by Concessionaire to County shall commence on April 1, 2019.

9. The following questions were submitted to the Department of Airports (DOA):

Q1: Will the County consider “grandfathering” the current concessionaire(s) ticket counter for the upcoming term, due to the high cost of relocating, possibly twice, for renovation of the counters?

A1: No decision has been made concerning so-called “grandfathering”, whereby an incumbent concessionaire, who submits a successful bid under this IFB, would not be required to relocate to a different rental car reservation counter location. DOA requests that participants provide any written comments or suggestions on handling this matter to the Contact Person listed in Special Condition No. 9 of the IFB, prior to the Deadline for Submission of Written Comments & Questions at 3:00 p.m., local time, on Wednesday, September 5, 2018. Participants are urged to provide any specific, recommended language, particularly any language that may have been used in a prior concession opportunity at an airport or port. Specific details will follow in a subsequent amendment to this IFB.

Q2: With regard to the possible eighth rental car counter space, what type of design would the

Airport allow for this space? How will the Airport handle the transition of construction prior to the start of the term? If the construction is not completed by the beginning of the term, how will the Airport assist in accommodating the concessionaire until the construction is complete?

A2: No specific design/style of the possible eighth rental car counter has been established, but the design/style would need to be consistent with the current design elements at the Airport, including recent/ongoing renovations. See also Item 7 and Item 8 above.

Q3: We respectfully request a Public Opening of Bids on the Bid Due Date/time which will include the announcement of the bidding entity name/brand and Minimum Guarantee offered.

A3: There will be no public bid opening, due to the provisions of Section 119.071(1)(b), Florida Statutes. Recommended awards, including the rank order of each bid, will be publicly posted for review at DOA’s offices and available on the www.PBIA.org website.

Successful bidders will be notified directly.

Q4: Please allow ample time between the time Airport issues questions and answers/final Addenda and the time bids are due. It should be no less than 3 weeks.

A4: At this time, the Deadline for Submission of Bid remains Thursday, September 20, 2018 at 2pm, local time. Extending the Deadline for Submission of Bid may jeopardize the timely submittal of documents to the Board of County Commissioners for approval sufficiently prior to the January 1, 2019 commencement date of the new term.

Q5: In the IFB, Section 3(a) (page 4: Please revise to state that “one (1) unbound original and one (1) hard copy plus one (1) electronic copy in a PDF format on a CD or flash drive” is required, consistent with page 1 of the IFB.

A5: This has been revised; see Item 4 above.

Q6: Section 3.h of the IFB (page 5): Please confirm that if you accept fewer than 8 Bids, that no additional Concessionaire(s) will be added during the term of the agreement, other than those companies that are successful in this Bid process. Any RAC interested in operating at the Airport should not be able to NOT respond now, wait until it sees which companies bid and what MAGs are bid, and then enter into a contract at the minimum. This undermines the bidding process.

http://www.pbia.org/

A6: No determination has been made to how we would proceed if fewer than eight (8) successful bids are received. The Department reserves the right to increase the bid requirements in any subsequent solicitation based, in part, on the results of this solicitation, in order to ensure fair competition.

Q7: Section 4.b of the IFB (page 5): When will the recommended award be publicly posted on the Department of Airports website?

A7: Recommended awards will be publicly posted after bids are reviewed for responsiveness and qualifications as set forth in the IFB.

Q8: Please confirm that (our existing brand at PBIA) is in good standing, will be considered incumbent and eligible to submit a bid.

A8: All rental car concessionaires currently operating at PBIA are eligible to submit a bid;

however, this does not foreclose the possibility of a subsequent default, and does not waive the qualification requirements listed in the IFB.

Q9: Section 10 of the IFB (page 7): Please confirm that financial statements or other statements that may confirm a Bidder’s performance record (other than those items specifically required under Special Condition No. 10.A-F) are not required to be submitted with the Bid Response, and are only required to be submitted upon request.

A9: Bids will not be disqualified if financial statements are not included with the Bid Response; however, this information must be submitted upon request by the Airport.

Q10: Section 10(B) of the IFB indicates that Bidder should provide “evidence of ownership” of the brands. In order to demonstrate ownership of the brands, please confirm that an Affidavit affirming Bidder’s right to operate the brand(s), signed by an officer of the parent company, will be sufficient for the purposes of our bid response.

A10: Documentation such as fictitious name registration, or a properly detailed and supported affidavit would be sufficient to meet this requirement.

Q11: Please confirm that a single legal entity that controls more than one car rental brand may submit more than one bid under the IFB provided that each bid is for a different brand or brands.

A11: A single legal entity that controls more than one car rental brand may submit more than one bid, provided each individual bid is for no more than two brands. For example, an entity that controls three brands may submit three separate bids; or two bids: one with two brands, and one with one brand. The entity could not submit a single bid for three brands.

Q12: Specification No. 2 (page 10) of the IFB – 6th sentence: Please add language to clarify the requirement that “Bidder has a majority ownership interest in or is authorized to operate each of the brands…” As described above, we can provide an affidavit from our parent company affirming Bidder’s right to operate the proposed brand(s).

A12: Specification No. 2 has been amended. Please see Item 6 above.

Q13: IFB Specification No. 3(D) (page 11): Please provide the linear footage (length) of the proposed 8th counter.

A13: The dimensions for the possible eighth rental car reservation counter (if needed) have not been established at this time; in part, because no counter currently exists and will need to be constructed. The counter footprint is not expected to be larger than 9 feet deep, by 17 feet wide. A customer queue area would be included across the width of the counter area.

Q14: Section 2.21(A)(7) of the Concession Agreement (Exhibit “1” to the IFB): We respectfully request language be added to subsection (A)(7) as follows (modified language shown in underline): “any amount received by Concessionaire, net of the portion retained by third-parties, as an administrative, process or other similar fee for items such as “toll-by-plate”, “plate pass” or “open road tolling”, parking violations or traffic infractions; whether such administrative, processing or other similar fee is charged directly by, or through, Concessionaire or a third-party vendor or contractor.” We must pay 3rd parties for the collection of these fines and fees, and should be able to pass that cost on to the customer who failed to pay, without the reimbursement being included in Gross Revenue.

A14: It is the County’s position that the entire fee charged to customers, not just the net amount is Gross Revenue under the Concession Agreement.

Q15: Section 2.21(B)(8) of the Concession Agreement (Exhibit “1” to the IFB): We respectfully request subsection (B)(8) be clarified to expressly exclude “tolls” and to exclude amounts collected as reimbursement from customers for administration charges paid to third parties for collection of these fines and fees. We propose language as follows: “Any amounts received as reimbursement for payment and administration of red light tickets, parking tickets, other governmental fines and fees, tolls, towing and impounded vehicles, which are separately stated and collected from customers, and paid directly to the imposing governmental authority or to third parties for collection and administration of such fines and fees.

Notwithstanding the foregoing, the net amount received by Concessionaire as an administrative, processing or other similar fee shall be considered Gross Revenues in accordance with subsection(A)(7) above.”

A15: The Department does not agree with the proposed modification. It is the County’s position that if the customer is charged an administrative fee for this service, the fee is Gross Revenue under the Concession Agreement. The toll/fine itself is not Gross Revenue.

Q16: Section 4.03 of the Concession Agreement (Exhibit “1” to the IFB): Please add Most Favored Nations language as follows: “In the event that any contract granted by the County to any other rental car company shall contain any terms and conditions more favorable to such company than the terms and conditions herein described (other than the location of the concession area, etc.), then this Agreement shall be amended to include such more favorable terms and any offsetting burdens that may be imposed on any such other company. The intent of this provision is to ensure that the County shall give due diligence to ensure Concessionaire will be able to compete on terms as equal as possible with all other rental car companies and to ensure that no other company shall enjoy any rights or privileges more favorable to such company than those enjoyed by the Concessionaire herein.”

A16: The Department does not agree with the proposed modification. The Rental Car Lease and Concession Agreements are issued through a competitive solicitation, with consistent terms and conditions. We do not anticipate offering more favorable terms in any subsequent solicitation. See also Answer A.6. above: The Department reserves the right to increase the bid requirements in any subsequent solicitation based, in part, on the results of this solicitation, in order to ensure fair competition.

Q17: Section 4.05 of the Concession Agreement (Exhibit “1” to the IFB): Please confirm that County will not hold Concessionaire responsible for any pre-existing condition or contamination not caused by the Concessionaire. We request the following language be added to this section and to any future Facilities Use Permit: “Concessionaire is not responsible for any pre-existing environmental contamination by the County, or other concessionaire, and County hereby indemnifies the Concessionaire from all pre-existing contamination not caused by the Concessionaire.”

A17: The County cannot indemnify Concessionaires and has no intent to hold a concessionaire responsible for a pre-existing condition or contamination on common areas not caused by the concessionaire. As this concern may relate to a “License Area under a Facilities Use Permit”, such License Area(s) are not known at this time. If this is a concern, concessionaires are not obligated to use overflow parking on the Airport.

Q18: Section 5.03 of the Concession Agreement (Exhibit “1” to the IFB): Please provide basis for $77.84/sf/year Facility Rental rate. We propose that any annual Facility Rental rate adjustments be aligned with percentage change to CPI, and not to exceed 3% each year.

A18: The Department does not agree with the proposed modification. Rates are adjusted annually, without caps, for airlines and non-airline tenants, including concessionaires.

Current and prior years’ rates, including calculations, are posted on our website at http://www.pbia.org/business/-business-ratescharges/.

Q19: Section 5.09 of the Concession Agreement (Exhibit “1” to the IFB): We are unable to provide serially numbered rental agreements. Our rental system is nationwide, with certain blocks of cities in the same reservation “pool”, thus the sequence of agreements is spread among those cities. For auditing purposes, however, we can pull out all the rental agreements for the Palm Beach International Airport and show which cities were assigned the “missing” numbers. We request County approval of this method.

A19: No modification of the Concession Agreement is necessary; Section 5.09 provides that “Accounting records of Concessionaire shall be stored sequentially, or in such other manner approved by the Department, to provide reasonable and expeditious access for audit purposes hereunder.” The Department would approve a reasonably consistent numbering fashion.

Q20: Section 5.12 of the Concession Agreement (Exhibit “1” to the IFB): Because the concession fee is included in the definition of Gross Revenue, the actual cost to the rental company of the concession fee is 11.11%. Please add language that the “Concession Recoupment Fee, which shall not exceed 11.11%” to account for the additional commission the airport is receiving from the rental car company for the concession fee pass through.

A20: The Department does not agree the Concession Recoupment Fee should be limited as requested. Section 5.12 does not specify a percentage or cap, and would permit a Concessionaire to charge its customers a Concession Recoupment Fee of 11.11% (or more/less) if the Concessionaire chooses to.

http://www.pbia.org/business/-business-ratescharges/

Summary of Attachments “A” thru “C” to Amendment No. 1:

Attachment “A” - Sign-in sheet from the Pre-Bid Conference held on August 28, 2018

Attachment “B” - PowerPoint presentation from the Pre-Bid Conference held on August 28, 2018

Attachment “C” - Exhibit “2B” - Diagram with Dimensions of the Seven (7) Existing Rental Car Reservation Counters at the Terminal

ATTACHMENT “A”

TO

AUGUST 28, 2018

PRE-BID CONFERENCE

SIGN-IN SHEET

ATTACHMENT “B”

AUGUST 28, 2018

PRE-BID CONFERENCE

POWERPOINT PRESENTATION

INVITATION FOR BID # PB 18-10

RENTAL CAR

LEASE & CONCESSION

AT THE PALM BEACH

INTERNATIONAL AIRPORT

Mandatory Pre-Bid Conference August 28, 2018

Rental Car Concession Opportunity Palm Beach County is soliciting bids for the award of up to eight (8) Rental Car Lease and Concession Agreements.

The Agreement provides for the non-exclusive right to operate and manage a rental car concession at the Airport, including a customer reservation counter at the Terminal.

Rental car revenue & PBIA passenger data is available in the ‘Specifications’ section of the Bid document.

Summary of Key Differences from Prior Bid (IFB 18-7) Term – 30 months (1/1/2019-6/30/2021) optional month-to-month renewal(s) up to 12 additional months

Contract “Periods” vs. Contract “Years”

Minimum “Period” Guarantee (“MPG” versus “MAG”)

Guarantee amount for every period (MPG) is established by Bid, rather than a calculated adjustment based of prior year’s concession fees.

If term is renewed (Fourth Contract Period) = Percentage Payment only

New Proposal Response Form (Attachment “A”)

New ACDBE Forms – do not submit previously-submitted ACDBE form(s)

ACDBE goal - 3.19% of purchase of goods and services

Summary of Key Differences from Prior Bid (IFB 18-7) (Cont’d)

Up to EIGHT (versus seven) awards

Possible 8th rental car counter (if needed)

Security Deposit – 50% of the initial MPG, will remain at this amount for the entire Term

Rental car reservation counter renovations to occur after expiration of this Agreement. Construction and transition will be handled in the next Agreement.

Documents Required to be Submitted with Bid Bid Response Form (Attachment “A”)

Schedule 3, Demonstration of Good Faith Efforts to

Achieve ACDBE Goal (Attachment “B”)

Drug-Free Workplace Certification (Attachment “C”)

$5,000 Bid Guarantee (Special Condition #15) – in the form of a bid bond or cashier’s check

Evidence of Qualifications (Special Condition #10)

Bid Response Form – Attachment “A”

Bid Response Form - should be completed in its entirety.

The Bid Response form includes a checklist of documents required to be submitted with the bid.

MPG – Enter the MPG for each Contract Period:

First Contract Period minimum = $500,000 Second Contract Period minimum = $500,000 Third Contract Period minimum = $250,000

Brands – List no more than two (2) brands.

Schedule 3 – Attachment “B” Demonstration of Good Faith Efforts to Achieve ACDBE Goal

Schedule 3 must be completed. Failure to do so will result in disqualification of your bid.

ACDBE Goal = 3.19% of purchases of goods and services.

If 3.19% or greater ACDBE participation is proposed on Schedule 3, the bidder should check the appropriate box and sign the front page. No additional documentation must be submitted at the time of the Bid, and the remainder of Schedule 3 may be left blank.

If less than 3.19% ACDBE participation is proposed on Schedule 3, Schedule 3 MUST be completed in its entirety and documentation of Good Faith Efforts MUST be submitted at the time of the Bid.

If 3.19% or more ACDBE Participation is proposed:

(1) Check the top box;

(2) Enter the percentage

(3) Sign & Date

(4) There is no need to complete the remainder of the form.

Schedule 3 – Attachment “B” (cont’d)

Schedule 3 – Attachment “B” (cont’d)

If less than 3.19% ACDBE Participation is proposed:

(1) Check the second box;

(2) Enter the percentage proposed

(3) Sign & Date

(4) The remainder of the form must be completed, demonstrating the Bidder’s good faith efforts to achieve at least 3.19% participation.

ACDBE Participation - Common Mistakes

Improper completion of Schedules.

Firms must be certified by the Unified Certification Program (UCP) for the State of Florida as an “ACDBE”.

Information regarding ACDBE certification status may be found through the State of Florida’s Florida Department of Transportation Equal Opportunity Office website at:

https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory and selecting “DBE Directory”; or by contacting the Palm Beach County Department of Airports’ AC/DBE Office at (561) 471-7403.

Certification as a SBE/MWBE by any other program SHALL NOT count toward achievement of the ACDBE goal. Certification as an “DBE” SHALL NOT count toward achievement of the ACDBE goal.

Example ACDBE Profile

Good Faith Efforts

Each Bidder is required to demonstrate that it has made good faith efforts to achieve ACDBE participation.

In the event a Bidder proposes less than 3.19% ACDBE participation on Schedule 3, the Bidder is required to submit written, verifiable documentation of its bona fide good faith efforts to achieve the ACDBE goal.

Actions constituting evidence of good faith efforts are described in Appendix A to 49 CFR Part 26. Examples of good faith efforts are also listed on Schedule 3.

An 8th rental car reservation counter will be allowed if 8 responsive Bids are received.

New counter area is adjacent to Bag Belt #1; east end of Level One (Arrivals).

Designation of Concessionaire for this new space to be made at allocation meeting.

Bidder will be responsible for construction, subject to Department review and approval. Improvements to include electric, data, communication, lighting, and other counter itself. Department will provide a rental credit not to exceed $50,000 (see Specification 3(D) of the IFB and alternative language in Sec 6.01 of Agreement).

Temporary or modular (not permanent) type of construction for this location.

Site visit of the area will be conducted immediately following today's meeting.

Possible Eighth (8th) Rental Car Counter Location

(near Bag Belt #1; Level One (Arrivals)

(near Bag Belt #1; Level One (Arrivals)

Terminal Upgrades at PBIA

McCampbell Terminal opened in 1988.

Recent Terminal Improvements/Renovations:

Concourse “C” addition, added additional gates & concession spaces New Flooring on Concourses & Main Terminal Level 1 (Baggage Claim) – Terrazzo flooring; new ceiling; new bag belts

Current and Future Improvements/Renovations :

Level 3 (Ticketing) – Terrazzo flooring; new ceiling Replacement Passenger Hold-Room Seating w/charging stations Updated Airline Ticket Counters Additional Passenger Ticketing Kiosk Areas Updated Rental Car Reservation Counter Areas

Anticipated Process / Timeline:

Select consultant (2018) Stakeholder Input / Design / Project Approval (2019 - 2020) Procurement / Permitting (2020) Installation (2021 – after the end of the upcoming Term)

PBIA’s Goals for the new Rental Car Reservation Counter Areas:

New Design Versus Makeover of Existing Counters Increased functionality/flexibility Modern design; Consistency with other Terminal Building improvements

Construction and Transition to New Counters will occur in the NEXT Term

Terminal Upgrades at PBIA (Updated Rental Car Counter Areas )

Updates to Palm Beach International Airport

3rd level Departures prior to construction

Updates to Palm Beach International Airport

3rd level Departures prior to construction

Airport Design Renderings

Level 3 (Ticketing) currently under construction

Similar design elements as Level 1 (Baggage Claim)

Design Elements

Summary of Bid Minimum Requirements Minimum of 3 years experience in the operation and maintenance of a rental car operation.

Minimum Period Guarantee (MPG):

First Contract Period (1/1/2019 - 12/31/2019) - $500,000 Second Contract Period (1/1/2020 - 12/31/2020) - $500,000 Third Contract Period (1/1/2021 – 6/30/2021) - $250,000

Identification of Brand(s) to be operated from the rental car counter

(maximum of 2 Brands).

Schedule 3

Post-Bid Documents Required to be Submitted Prior to Award of Contract Signed Agreement for Rental Car Lease and Concession (3 originals)

Corporate Signature Authority

Insurance Certificate(s)

Security Deposit – equal to 50% of the Initial MPG

Schedule 1 (Exhibit “4”) - List of Proposed ACDBE Firms

Schedule 2 (Exhibit “5”) – Letter of Intent to Perform as an ACDBE Firm

Guaranty (if relying on a franchisor to satisfy qualification reqmt’s)

ACDBE Plan Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”) – to be completed by the prime concessionaire.

Schedule 2, Letter of Intent to Perform as an ACDBE firm

(Exhibit “5”) - to be completed by each participating ACDBE firm.

The percentage of ACDBE participation on Schedule 1 must equal the amount proposed on Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE goal (Attachment “B”).

Bid Award Process Bid Submission Date – September 20, 2018, at 2:00 P.M.

Bids will be reviewed for responsiveness.

Recommended awards will be posted. Successful Bidders notified.

Meeting to finalize counter locations for Successful Bidders

(“Allocation Meeting”) –October 3, 2018 @ 10:00 A.M. (Tentative)

Execution of contract documents.

Award/Approval of Agreement by the Board of County Commissioners.

Term Commences January 1, 2019

QUESTIONS?

All Bidders are strongly encouraged to submit all written questions as soon as possible.

All questions, comments (i.e., additional information or clarifications) must be made in writing to the contact person(s) listed in the IFB, via e-mail, Fax or U.S. Mail, no later than 3:00 p.m. local time, on Wednesday, September 5, 2018.

Written questions will be addressed further in a written amendment. Following are examples of questions we received prior to the Pre-Bid Meeting:

Question: Please allow 3+ weeks between the final Addendum and the time bids are due.

Answer: We will address any extension in a written amendment to follow.

The current deadline was determined based on deadlines for submission of documents for approval prior to start of the new term.

Question: Please amend the IFB to state that one(1) unbound original and one(1) hard copy plus one(1) electronic copy in a PDF format on a CD or flash drive is required, consistent with page 1 of the IFB.

Answer: We will amend Section 3(a) of the IFB accordingly.

Question: Please hold a Public Opening of Bids on the Bid Due Date.

Answer: There will be no public bid opening due to the provisions of Section 119.071(1)(b), Florida Statutes. Recommended awards, including the rank order of each bid, will be publicly posted for review at the Department of

Airports offices and available on the PBIA website. Successful bidders will be notified directly.

Question: Please confirm that (our existing brand at PBIA) is in good standing, will be considered incumbent and eligible to submit a bid. Regarding Special Condition #10 of the IFB document, items A, B & C - please waive these sections/ requirements for brands that currently operate at PBIA.

Answer: Independent documentation confirming qualifications will be required for the new contract term. Bid requirements cannot be waived for incumbent firms.

Question: When will the recommended award be publicly posted on the Airport website?

Answer: Recommended awards will be publicly posted after bids are reviewed for responsiveness and qualifications as set forth in the IFB.

Question: : Please confirm that if there are fewer than 8 Bids, no additional Concessionaire(s) will be added during the term of the agreement.

Answer : No determination has been made to how we would proceed if fewer then eight successful bids are received. The Department reserves the right to increase bid requirements in any subsequent solicitation based, in part, on the results of this solicitation, in order to ensure fair competition.

Question: Please provide the linear footage (length) of the proposed 8th counter.

Answer : The dimensions for the eighth possible rental car reservation counter (if needed) has not been established at this time; in part, because no counter currently exists and will need to be constructed. A tour of the area will be conducted immediately following this meeting.

Question: Please confirm that financial statements or other statements that may confirm a Bidders performance record are not required to be submitted with the Bid Response, and are required to be submitted only upon request.

Answer: Bids will not be disqualified if financial statements are not included with the Bid Response; however, this information must be submitted upon request by the Airport.

Question: Please amend the definition of “Gross Revenues” in the Concession Agreement, to exclude amounts collected as reimbursement from customers for administration charges paid to third parties for collection of “E-Toll” administrative fees.

Answer: It is the County’s position that if the customer is charged a fee for this service, the fee is Gross Revenue under the Concession Agreement. The toll itself is not Gross Revenue.

Question: Please provide the basis of the $77.84 per s.f. annual Facility Rental rate.

We propose that any annual Facility Rental rate adjustments be aligned with percentage change to CPI, and not to exceed 3% per year.

Answer : Rates are adjusted annually, without caps, for airlines and non-airline tenants, including concessionaires. Current and prior years’ rates, including calculations, are posted on our website under “Airport Business”.

Question: Section 5.09 of the Agreement requires sequentially numbered rental agreements. We request changing this provision to require that “a numbered invoice shall be issued with each sale or transaction.”

Answer: Section 5.09 provides that “Accounting records of Concessionaire shall be stored sequentially, or in such other manner approved by the Department, to provide reasonable and expeditious access for audit purposes hereunder.” The Department would approve a reasonably consistent numbering fashion.

Question: In Section 5.12 of the Agreement, Concession Pass-Through, because the concession fee is included in the definition of gross revenue, the actual cost to the company for the concession fee is 11.11%. Please add language that the Concession Recoupment Fee, “shall not exceed 11.11%” to account for the additional commission the airport is receiving from the rental car company.

Answer: The County does not agree that the Concession Recoupment Fee should be limited as requested. Section 5.12 does not specify a percentage or cap, and would permit a Concessionaire to charge its customers a Concession Recoupment Fee of 11.11% (or more/less) if the Concessionaire chooses to.

Question: Please include a Most Favored Nation clause.

Answer: We will not be including a Favored Nation clause. The Rental Car Lease and Concession Agreements are issued through a competitive solicitation, with consistent terms and conditions.

Question: In Section 4.05 of the Agreement, Condition of the Assigned Premises, License Areas and Airport, of the Concession Agreement, please add the following language: “Concessionaire is not responsible for any pre-existing environmental contamination by the County, or other concessionaire, and County hereby indemnifies the Concessionaire from all pre-existing contamination not caused by the Concessionaire.”

Answer: We cannot indemnify Concessionaires and we have no intent to hold a concessionaire responsible for a pre-existing condition or contamination on common areas not caused by the concessionaire. As this concern may relate to a “License Area under a Facilities Use Permit”, such License Area(s) are not known at this time. If this is a concern, concessionaires are not obligated to use overflow parking on the Airport.

Question: The IFB states that Bidder should provide “evidence of ownership” of the brands. Please confirm that an Affidavit affirming Bidder’s right to operate the brand(s), signed by an officer of the parent company, will be sufficient for the purposes of our bid response.

Answer: Documentation such a fictitious name registration, or a properly detailed and supported affidavit would suffice to meet this requirement.

Question: Please confirm that a single legal entity that controls more than one car rental brand may submit more than one bid under the IFB provided that each bid is for a different brand or brands.

Answer: A single legal entity that controls more than one car rental brand may submit more than one bid, provided each individual bid is for no more than two brands. For example, an entity that controls three brands may submit three separate bids; or two bids: one with two brands, and one with one brand. The entity could not submit a single bid for three brands.

ATTACHMENT “C”

EXHIBIT “2B”

DIAGRAM WITH DIMENSIONS OF THE SEVEN (7) EXISTING

RENTAL CAR RESERVATION COUNTERS AT THE TERMINAL

EXHIBIT “2B” to the IFB

DIAGRAM WITH DIMENSIONS OF THE SEVEN (7) EXISTING RENTAL CAR RESERVATION COUNTERS AT THE TERMINAL

Possible 8th Counter Location (if needed)

END OF ATTACHMENTS TO AMENDMENT NO. 1