Invitation for Bid PB No. 18-14 Rental Car Lease & Concession.pdf

Board of County Commissioners County Administrator

Melissa McKinlay, Mayor Verdenia C. Baker Mark Bernard, Vice Mayor Hal R. Valeche Paulette Burdick Dave Kerner Steve L. Abrams Department of Airports Mary Lou Berger www.pbia.org

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

BID NO. PB 18-14

RENTAL CAR LEASE AND CONCESSION AT THE

PALM BEACH INTERNATIONAL AIRPORT

FOR MANDATORY PRE-BID CONFERENCE AND OPTIONAL SITE INSPECTION INFORMATION, SEE SPECIAL

CONDITION NO. 8 OF THIS SOLICITATION

BID SUBMISSION DATE: TUESDAY, NOVEMBER 6, 2018 AT 2:00 P.M.

It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Department of Airports at (561) 656-5978.

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.

BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL,

SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY

OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.

Protests can be accepted only during the five (5) business day posting period.

C A U T I O N In order to do business with Palm Beach County, bidders are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids.

Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Department of Airports.

In accordance with the provisions of ADA, this document may be requested in an alternate format.

Palm Beach County Department of Airports 846 Palm Beach International Airport, West Palm Beach, FL 33460-1470

(561) 471-7400 FAX: (561) 471-7427

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

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

INVITATION FOR BID

BID NO: PB 18-14 BID TITLE: Rental Car Lease and Concession at the Palm Beach International Airport

DEPARTMENT OF AIRPORTS CONTACT: Shakira Kolb TELEPHONE NO.: 561-656-5978

FAX NO.: 561-471-7427 EMAIL ADDRESS: skolb@pbia.org

All bid responses must be received on or before Tuesday, November 6, 2018 , prior to 2:00 p.m., Palm Beach County local time.

SUBMIT BID TO: Palm Beach County Department of Airports, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470.

This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for the concession, item(s) and/or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for bid may be made only by written amendment issued by the Palm Beach County Department of Airports. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Department of Airports contact in writing in sufficient time to permit a written response and, if required, will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County.

The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations.

b. NON-DISCRIMINATION: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the successful bidder warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information.

Failure to meet this requirement shall be considered a default of contract.

c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the County. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the successful bidder’s sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder’s relationship, and the relationship of its employees, to the County shall be that of an Independent Contractor and not as employees or agents of the County.

d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to

Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility (“Critical Facilities”) or a criminal justice information facility (“CJI Facilities”), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Investigations CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The bidder is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance.

Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County.

e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

f. NON-COLLUSION: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment.

No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach County.

g. LOBBYING: Bidders are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process.

Bidders may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication i.e., facsimile, e-mail or U.S. mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

h. CONFLICT OF INTEREST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches.

i. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other.

j. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and/or resultant contract.

k. PUBLIC RECORDS: Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

The bidder shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of the Contract. The County shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the Bidder’s place of business.

Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Bidder: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Bidder is specifically required to:

1. Keep and maintain public records required by the County to perform services provided under the Contract.

2. Upon request from the County’s Custodian of Public Records

(“County’s Custodian”) or County’s representative/liaison, on behalf of the County’s Custodian, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.

The Bidder further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time.

3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the Bidder does not transfer the records to the public agency.

Nothing contained herein shall prevent the disclosure of or the provision of records to the County.

4. Upon completion of the Contract, the Bidder shall transfer, at no cost to the County, all public records in possession of the Bidder unless notified by County’s representative/liaison, on behalf of the County’s Custodian, to keep and maintain public records required by the County to perform the service. If the Bidder transfers all public records to the County upon completion of the Contract, the Bidder shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the Contract, the Bidder shall meet all applicable requirements for retaining public records. All records stored electronically by the Bidder must be provided to the County, upon request of the County’s Custodian or the County’s representative/liaison, on behalf of the County’s Custodian, in a format that is compatible with the information technology systems of County, at no cost to County.

Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein.

Failure of the Bidder to comply with the requirements of this Section, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of the Contract. County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause.

IF THE BIDDER HAS QUESTIONS

REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES,

TO THE BIDDER’S DUTY TO

PROVIDE PUBLIC RECORDS

RELATING TO THE CONTRACT,

PLEASE CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT RECORDS

REQUEST, PALM BEACH COUNTY

PUBLIC AFFAIRS DEPARTMENT,

301 N. OLIVE AVENUE, WEST PALM

BEACH, FL 33401, BY E-MAIL AT

RECORDSREQUEST@PBCGOV.ORG

OR BY TELEPHONE AT 561-355-

6680.

mailto:RECORDSREQUEST@PBCGOV.ORG

l. INCORPORATION, PRECEDENCE, JURISDICTION: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the Agreement for Rental Car Lease and Concession (Exhibit “1”) to this bid document; bid document (original terms and conditions), and bidder’s response. Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida.

m. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract.

n. NO THIRD PARTY BENEFICIARIES: No provision of the Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to the Contract, including but not limited to any citizen or employees of the County and / or successful bidder.

o. SCRUTINIZED COMPANIES As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance of this Invitation for Bid, the BIDDER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, , or on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725, or is engaged in business operations in Cuba or Syria. If the County determines, using credible information available to the public, that a false certification has been submitted by BIDDER, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S.

287.135.

3. BID SUBMISSION

a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid “Response” Form (Attachment “A”). Bid responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed in ink by an agent of the company having authority to bind the company or firm.

FAILURE TO SIGN THE BID RESPONSE FORM AT THE

INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE

BID. 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 the 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.

b. CERTIFICATIONS, LICENSES AND PERMITS: It shall be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract.

c. AIRPORT CONCESSION DISADVANTAGED BUSINESS

ENTERPRISE (ACDBE) BID DOCUMENT LANGUAGE

ITEM 1 – POLICY: The requirements of 49 CFR Part 23, regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of Palm Beach County to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. All firms qualifying under this bid are encouraged to submit bids. Award of this contract will be conditioned upon satisfying the requirements of this Invitation for Bid. These requirements apply to all firms and suppliers, including those who qualify as an Airport Concession Disadvantaged Business Enterprise (ACDBE). ITEM 2 - ACDBE GOAL: Palm Beach County has established a specific

ACDBE participation goal of 3.19% of purchases of good and services.

Bidders shall use good faith efforts to satisfy Palm Beach County’s ACDBE participation goal. ACDBE participation counted toward meeting the established ACDBE goal will be determined by the Department of Airports in accordance with 49 CFR Part 23.

ITEM 3 – ACDBE DOCUMENTATION:

SCHEDULE 1 – LIST OF PROPOSED ACDBE FIRMS: This list shall contain the names of all ACDBE firms, including prime and subcontractors, suppliers and manufacturers, intended to be used in performance of the contract. The County reserves the right to confirm the certification status of all ACDBEs proposed to participate in the contract.

SCHEDULE(s) 2 – LETTER(S) OF INTENT TO PERFORM AS AN ACDBE FIRM: A separate Schedule 2 for each ACDBE firm listed on Schedule 1 shall be completed and signed by the proposed ACDBE firm. ACDBE firms shall specify the type of work to be performed, the cost or percentage shall also be specified. Additional sheets may be used as needed.

SCHEDULE 3 – DEMONSTRATION OF GOOD FAITH EFFORTS:

Bidders shall indicate on Schedule 3how they intend to satisfy the requirements of the bid related to ACDBE participation. If the ACDBE contract participation goal of 3.19% of purchases of goods and services is not met, bidders shall be required to submit written evidence of good faith efforts by showing that they took all necessary and reasonable steps to achieve the ACDBE goal even if they were not fully successful. Examples of good faith efforts can be found in Appendix A to 49 CFR Part 26. In the event the bidder is unable to achieve the ACDBE goal, failure of a bidder to submit written evidence of good faith efforts to achieve the ACDBE goal shall result in the disqualification of the bid.

NOTE: BIDDERS ARE REQUIRED TO SUBMIT SCHEDULE 3 WITH

THEIR BID RESPONSE IN ORDER TO BE DEEMED RESPONSIVE

TO THE ACDBE REQUIREMENTS. BIDDERS ARE ENCOURAGED

TO SUBMIT SCHEDULES 1 AND 2 WITH THE BID RESPONSE;

HOWEVER, SUCCESSFUL BIDDERS SHALL BE REQUIRED TO

SUBMIT THESE FORMS WHEN REQUESTED BY THE

DEPARTMENT PRIOR TO CONTRACT AWARD IN ACCORDANCE

WITH THE REQUIREMENTS OF THE SPECIAL CONDITIONS.

ITEM 4 - ACDBE CERTIFICATION: Only those firms certified by

Palm Beach County Department of Airports or another certifying member of the Unified Certification Program in the State of Florida as an AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE shall be counted toward the established ACDBE goal.

IT TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS

AN ACDBE BY THE UNIFIED CERTIFICATION PROGRAM FOR

THE STATE OF FLORIDA. It is the responsibility of the bidder to confirm the certification of any proposed ACDBE. Information regarding ACDBE certification status may be found through the State of Florida’s Florida Department of Transportation Equal Opportunity Office website at: www.dot.state.fl.us/equalopportunityoffice and then selecting “DBE Directory”; or by contacting the Palm Beach County Department of Airports’ S/DBE Office at (561) 471-7403.

d. DRUG FREE WORKPLACE CERTIFICATION: In compliance with

Florida Statute (Section 287.087) attached form “Drug-Free Workplace Certification” (Attachment “C”) should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County.

e. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non-responsive.

http://www.dot.state.fl.us/equalopportunityoffice

f. BID AMOUNTS:

(1) Bidder warrants by virtue of bidding that bid amounts shall remain firm for a period of ninety (90) days from the date of bid opening to allow for evaluation and award.

(2) BIDS HAVING ERASURES OR CORRECTIONS MUST BE

INITIALED IN INK BY THE BIDDER PRIOR TO BID

OPENING. IF THE CORRECTION IS NOT PROPERLY

INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE

CORRECTION IS NOT CLEAR, THE BID SHALL BE

REJECTED.

g. ACCEPTANCE/REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform.

h. NON-EXCLUSIVE: The selected bidder’s rights under the contract are non-exclusive. Notwithstanding any provision of the bid to the contrary, the County shall retain the right to grant the same or similar privileges under separate agreements to others at the Airport.

4. BID SUBMISSION TIME/AWARD OF BID

a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The published bid submission time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives at the Department of Airports prior to the published bid opening time.

Any bid delivered after the precise time of bid submission shall not be considered, and shall be returned to the bidder unopened if bidder identification is possible without opening. Bid responses by telephone, electronics, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid submission time.

b. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Department of Airports and on the Department of Airports website at http://www.pbia.org/Airport/Business/bids.aspx prior to final award, and shall remain posted for a period of five (5) business days. (NOTE:

As a service to bidders, the County provides an unofficial list of award postings on our website.) The official posting in the Department of Airports shall prevail if a discrepancy exists between the referenced listings.

c. PROTEST PROCEDURE: For purposes of this IFB, the term

“Purchasing Code” shall mean Chapter 2, Article III, Division 2, Part A, of the Palm Beach County Code. Section 2-55 of the Purchasing Code is hereby incorporated into this IFB by reference (“Protest Procedures”). Although this solicitation is exempt from the Purchasing Code, the Department of Airports has elected to utilize the Protest Procedures set forth in the Purchasing Code for this IFB. By responding to this IFB, bidders agree that the Protest Procedures set forth in the Purchasing Code are applicable to this IFB and shall comply with said procedures. Any bidder may protest any recommendations for award in accordance with Protest Procedures by submitting a written protest to the Director of Purchasing within five (5) business days after posting of the recommended awards, which must identify the solicitation being protested and the basis of the protest.

Protests must be addressed to the Director of Purchasing at the Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 and delivered via hand delivery, mail or fax to (561) 242-6705. A protest will be considered filed when it is received by the Purchasing Department. Failure to file protest as outlined in the Purchasing Code shall constitute a waiver of the bidder’s right to protest.

5. CONTRACT ADMINISTRATION

a. FEDERAL AND STATE TAX: Palm Beach County is exempt from

Federal and State taxes. The authorized agent for County shall provide an exemption certificate to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials.

b. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Airports may authorize in writing) after receipt of notice from the Director of Airports specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action.

c. ACCESS AND AUDITS: The bidder shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the bidder’s place of business.

6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL:

Pursuant to Palm Beach County Code, Section 2-421 – 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

THIS IS THE END OF “GENERAL CONDITIONS.”

http://www.pbia.org/Airport/Business/bids.aspx

SPECIAL CONDITIONS

RENTAL CAR LEASE AND CONCESSION AT THE

PALM BEACH INTERNATIONAL AIRPORT

7. GENERAL/SPECIAL CONDITION PRECEDENCE

In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall take precedence.

8. PRE-BID CONFERENCE (MANDATORY)

All interested parties/bidders are required to attend a mandatory pre-bid conference which is scheduled to be held at the Department of Airports, (Administration) Main Conference Room, Bldg. 846, Palm Beach International Airport, West Palm Beach, FL 33406-1470 on Monday, October 29, 2018 commencing at 10:00 A.M. Please note the Administrative Offices of the Department of Airports are NOT located in the McCampbell Terminal Building. Directions are available upon request;

please notify the Contact Person listed in Special Condition No. 9 below.

At the pre-bid conference, the County’s representative will attempt to answer questions relative to this Invitation for Bid (IFB).

Any questions or comments arising subsequent to the mandatory pre-bid conference must be presented, in writing, prior to the date and time stated in Special Condition No. 9 below. Any suggested modifications may be presented in writing to, or discussed with the County’s representative(s) as possible amendments to the Invitation for Bid. THE BIDDER'S FAILURE

TO ATTEND THE PRE-BID CONFERENCE SHALL RESULT IN DISQUALIFICATION OF THEIR BID.

A representative of each bidder shall be required to sign an attendance sheet which will be collected prior to the end of the pre-bid conference. Bidders not listed on the attendance sheet shall be considered as not in attendance for purposes of the mandatory pre-bid conference. Only the prime bidder shall be required to have attended the mandatory pre-bid conference.

ACDBE-certified firms utilized in the capacity of subcontractors or service providers (i.e., not as the prime bidder) are not required to attend the pre-bid conference unless such firm is representing the prime bidder for purposes of meeting the pre-bid conference attendance requirement. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the mandatory pre-bid conference.

Bidders may attend an optional, but highly recommended, site inspection of the two (2) existing available counter spaces and the proposed third counter location (if needed) within the Airport Terminal, which will be conducted immediately following the Mandatory Pre-Bid Conference. Bidders shall also have the option of scheduling individual site inspections through the Contact Person prior to the deadline for submission of bids. Prospective bidders may complete an unescorted site visit of the public area at any time, but shall not be permitted to disrupt the activities or operations of any Airport tenants or users when conducting any site visits.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three

(3) days notice.

9. QUESTIONS

All Bidders are strongly encouraged to submit any written questions prior to the “Mandatory Pre-Bid Conference” date noted above. All questions, comments (i.e., additional information or clarifications) must be made, in writing via e-mail, Fax or U.S. Mail, no later than 1:00 p.m. local time, Tuesday, October 30, 2018.

During the mandatory pre-bid conference, County staff will attempt to provide responses to the inquiries, as appropriate.

However, changes to this Invitation for Bid will be made only by written amendment issued by the Palm Beach County Department of Airports. Oral explanations or instructions given by any County agent will not be binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County.

All such inquiries or requested changes must be in writing and sent to:

Palm Beach County Department of Airports Inquiries may be faxed or e-mailed:

Attn: Shakira Kolb Fax: 561-471-7427 846 Palm Beach International Airport Email: skolb@pbia.org West Palm Beach, FL 33406-1470 Phone: 561-656-5978

OR

Palm Beach County Department of Airports Inquiries may be faxed or e-mailed:

Attn: Ray Walter 846 Palm Beach International Airport Fax: 561-471-7427 West Palm Beach, FL 33406-1470 Email: ray.walter@pbia.org Phone: 561-471-7429

10. QUALIFICATION OF BIDDERS

This bid shall be awarded only to responsive and responsible Bidders, qualified to provide the goods and/or service specified.

Each Bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include financial statements; evidence of Bidder’s ability to comply with the Concession Agreement’s requirements; evidence of a satisfactory record of integrity and business ethics; evidence of the necessary organization, experience, accounting and operation controls, and technical skills; and evidence that the Bidder is otherwise qualified and eligible to receive an award under applicable laws and regulations.

The Bidder should submit the following information with the bid response; however, if not included, it shall be the responsibility of the Bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two (2) working days of request). Failure of a Bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid will not satisfy this provision.

A. Bidder shall provide evidence of three (3) years experience in the successful operation and management of a rental car operation immediately prior to the date of bid opening or, if Bidder is an authorized franchisee of a rental car firm and is unable to provide evidence of the requisite three (3) years experience, Bidder shall provide evidence that the franchisor has three (3) years experience in the successful operation and management of a rental car operation prior to the date of bid opening.

This information shall include the scope of work, contact names, addresses, telephone numbers and dates of service.

A contact person shall be someone who has personal knowledge of the Bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who will be unable to answer specific questions regarding the requirement. Pursuant to Special Condition No. 14, if successful Bidder is a franchisee relying on the experience of the franchisor to meet the foregoing qualification requirements, the Bidder shall be required to provide a guaranty in the form attached hereto as Exhibit “3” from the franchisor, which will unconditionally guarantee the full and timely payment of all sums payable and all obligations to be performed by the franchisee under the Concession Agreement.

B. Evidence of ownership of the brand(s) of rental car services that Bidder proposes to operate under the Concession

Agreement (See Specification No. 2).

C. Bidder must be registered to conduct business in the state of Florida or before commencing operations under the terms of this Concession Agreement, must be authorized to do business in the state of Florida, and evidence of these matters satisfactory to the County, and must be furnished to the County upon request.

D. Bidder must submit, with the required Bid Response, an acceptable form of Bid Guarantee in the amount of Five Thousand Dollars ($5,000.00) (See Special Condition No. 15).

E. Bidder must have a sufficient fleet of automobiles to provide timely and efficient rent a car service at the airport, including a sufficient fleet of shuttle vehicles that are ADA compliant.

F. Bidder must be capable of providing the following services for its customers at the Palm Beach International Airport:

1. National Credit Card System

2. National Reservation System mailto:ray.walter@pbia.org

11. AWARD

Palm Beach County will award contracts (“Concession Agreements”) to as many as three (3) responsive, responsible Bidders offering the highest return to the County, meeting or exceeding the “Minimum Period Guarantee”.

The minimum acceptable bid for the Minimum Period Guarantee “MPG”, for the First Contract Period is Six Hundred Fifty Thousand Dollars ($650,000). The Minimum Period Guarantee “MPG” for the Second Contract Period shall be ninety percent (90%) of the Annual Percentage Payment for the First Contract Period, or MPG from the First Contract Period, whichever is greater. The Minimum Period Guarantee for the Third Contract Period shall be fifty percent (50%) of the Minimum Period Guarantee for the Second Contract Period, but not less than $375,000. The bid shall state the Bidder’s Minimum Period Guarantee for the First Contract Period (as defined in the Agreement for Rental Car Lease and Concession at the Palm Beach International Airport (“Concession Agreement”) (Exhibit “1”).

Contract Period Minimum Period Guarantee (“MPG”) shall not be less than

First Contract Period (January 1, 2019-December 31, 2019)

$650,000

Second Contract Period (January 1, 2020-December 31, 2020)

90% of the Annual Percentage Payment for the First Contract Period, or the MPG for the First

Contract Period, whichever is greater.

Third Contract Period (January 1, 2021-June 30, 2021)

$50% of the MPG for the Second Contract Period, but not less than $375,000.

12. TERMINAL RESERVATION SPACE

Bidders shall specify their first, second, and third preference of rental car reservation counter space, as indicated on the Bid Response Form (Attachment “A”). The allocation of each available rental car reservation counter and office (“Assigned Premises”) will be based upon the rank order of the Minimum Period Guarantee (“MPG”) of the First Contract Period bid by each Bidder. The Bidder having bid the highest MPG for the First Contract Period will be given the first right of selection. The Bidder having bid the second highest MPG will be given the second right of selection. A third rental car reservation counter will be allowed in the location generally depicted in Exhibit “2A”. In the event that identical Bids are received, the awards shall be determined by the Bid with the highest ACDBE participation. In the event that such identical Bids also have identical ACDBE participation, the awards shall be determined by completion of the Drug-Free Workplace Certification (Attachment “C”), in accordance with Section 287.087, Florida Statutes. In the event that such identical Bids also have identical ACDBE participation, and completion of the Drug-Free Workplace Certification, the awards shall be determined by lot. Successful bidders shall be required to pay Facility Rental in accordance with Section 5.03 of the Concession Agreement.

13. TERM

The term of the Concession Agreement will be for an initial term of thirty (30) months (January 1, 2019 - June 30, 2021).

Beginning on July 1, 2021, County shall have the option, in its sole and absolute discretion, to renew this Agreement on a month-to-month basis, not to exceed twelve (12) monthly renewal terms.

14. FORMAL CONTRACT

Prior to award of a Concession Agreement, successful Bidders shall be required to return the following documentation within fifteen (15) business days of receipt of the Concession Agreement from the Department of Airports, unless otherwise approved by the Department of Airports in writing:

A. Concession Agreement. Successful Bidders shall be required to fully execute the Agreement for Rental Car Lease and Concession at the Palm Beach International Airport (“Concession Agreement”) (Exhibit “1”) without negotiation or modification. Successful Bidders shall be provided three (3) copies of the final Concession Agreement for signature.

B. Authorization to Sign. In addition to executing the three (3) copies of the Concession Agreement, the successful

Bidders will be required to complete a notarized statement indicating that the person having executed the Concession Agreement is authorized to legally bind the bidding entity. Additionally, if a successful Bidder is a partnership, all general partners must sign the Concession Agreement and the notarized statement. If the successful Bidder is a joint venture, all members of the joint venture must sign the Concession Agreement and the notarized statement. The Department may require submission of the joint venture agreement.

C. Guaranty. (If applicable) If successful Bidder is a franchisee relying on a franchisor to meet the qualification requirements of Section 10, the successful Bidder shall also be required to provide a fully executed Guaranty in the form attached hereto as Exhibit “3” from the franchisor which unconditionally guarantees the full and timely payment of all sums payable and all obligations to be performed by its franchisee under the Concession Agreement.

D. Insurance/Security for Payment. Successful Bidders shall be required to provide proof of insurance (See Concession

Agreement (Exhibit “1”), Article 9, as well as the required Security for Payment (See Concession Agreement (Exhibit “1”) Section 5.13.

E. ACDBE Plan. Successful Bidders shall be required to provide the following Schedules, and are obligated to confirm that the firms listed on Schedules 1 and 2, are ACDBE firms certified by the Unified Certification Program for the State of Florida as part as the ACDBE plan:

Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B”) – Form shall be completed and signed with the proposed percentage amount of ACDBE participation. This form is required to be submitted with the Bid Response.

Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”) – The Department encourages Schedule 1, to be submitted with the Bid Response; however successful bidders shall submit this form when requested by the Department.

Schedule 2, Letter of Intent to Perform (Exhibit “5”) - This form is to be completed by each firm listed on Schedule 1.

The Department encourages bidders to submit Schedule 2 forms with the Bid Response; however successful bidders shall submit Schedule 2 form(s) when requested by the Department.

15. BID GUARANTEE

Bidders must submit as a part of their response to this Invitation for Bid, a Bid Guarantee in the amount of FIVE THOUSAND DOLLARS ($5,000.00). The Bid Guarantee shall be in the form of a Bid Bond issued by a surety or sureties satisfactory to the County, or other acceptable form of Bid Guarantee, limited to a cashier's check drawn on any state or national bank and made payable to the Board of County Commissioners of Palm Beach County, Florida. Failure to submit the Bid Guarantee with the Bid response shall result in disqualification of the Bid. The Bid Guarantee will be held by the County to secure the obligations which Bidder agrees to assume under this Invitation for Bid. The Bid Guarantees of the non-selected Bidders will be returned immediately following execution of the recommended Bidders' Concession Agreements. The Bid Guarantees of the successful Bidders will not be returned until after execution of the Concession Agreements and after the Security for Payment (Surety Bond or Clean Irrevocable Letter of Credit) and certificate(s) of insurance, as required pursuant to the Concession Agreement, are received by the County.

16. THE FOLLOWING ATTACHMENTS MUST BE FULLY COMPLETED AND RETURNED WITH YOUR BID RESPONSE

OR THE BID WILL BE DEEMED UNRESPONSIVE:

Attachment “A” Bid Response Form

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

Attachment “C” Drug-Free Workplace Certification

17. EXHIBITS

Exhibit “1” Agreement for Rental Car Lease and Concession at the Palm Beach International Airport, which shall be executed and returned in accordance with Special Condition No. 14.

Exhibit “2” Assigned Premises is attached for informational purposes only. Current location of two (2) existing rental car reservation counters. The final Assigned Premises for each successful Bidder shall be attached to and incorporated in the Concession Agreement as Exhibit “1”.

Exhibit “2A” Assigned Premises is attached for informational purposes only. General location for third (3rd) rental car reservation counter (if needed).

Exhibit “3” Guaranty, which shall be executed and returned in accordance with Special Condition No. 14.

Exhibit “4” Schedule 1, List of Proposed ACDBE Firms, which shall be completed and returned in accordance with Special Condition No. 14.

Exhibit “5” Schedule 2, Letter of Intent to Perform as an ACDBE Firm, which shall be completed and returned in accordance with Special Condition No. 14.

THIS IS THE END OF “SPECIAL CONDITIONS.”

“SPECIFICATIONS” FOLLOW

SPECIFICATIONS

1. PURPOSE

Palm Beach County, Florida (the “County”), through its Department of Airports (the “Department”), is soliciting competitive bids for the award of up to three (3) Agreements for Rental Car Lease and Concession (the “Concession Agreement”, Exhibit “1”) at the Palm Beach International Airport (the “Airport”). Award of the Concession Agreements includes the non-exclusive right, privilege and obligation to lease and operate reservation counters and offices within the Airport. Firms submitting bids (the “Bidders”) must possess certain experience and qualifications. The County seeks to establish a strong, sound, and mutually beneficial relationship with quality-oriented concessionaires. Therefore, several important components will be weighed in view of each Bidder's ability to meet and perform the operating standards set forth in this Invitation for Bid and the Concession Agreement.

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, as shown on Exhibit “2” (“Assigned Premises”), attached hereto. For purposes of this IFB, there are two rental car reservation counters available, Positions “A” and “B”, as depicted in Exhibit “2”. A third counter will be permitted, in the general location depicted in Exhibit ”2A”; see Specification 3(D) below. The operation and management of counter and office areas is strictly limited to the conduct of the concessionaire's rental car business.