Invitation for Bids PB-22-9 (Rental Car Concession) 6-27-2022 (fn).pdf

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

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

BID NO. PB 22-9

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: WEDNESDAY, AUGUST 2, 2022, AT 11:00 A.M.

See Special Condition No. 12 for Mailing/Delivery Instructions

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) 471-7429.

BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER BEARING THE BID NUMBER

(PB 22-9), AT LEAST ONE (1) UNBOUND ORIGINAL, SIGNED IN INK BY AN AGENT OF THE

COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM, PLUS ONE (1) COMPLETE

ELECTRONIC COPY IN A PDF FORMAT ON A CD OR FLASH DRIVE. 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 the County’s VSS system. It is the vendor’s sole responsibility to routinely check the 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. A link to the VSS system is posted on the Palm Beach County Department of Airports website: http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”.

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 http://www.pbia.org/

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

INVITATION FOR BID

BID NO: PB 22-9 BID TITLE: Rental Car Lease and Concession at the Palm Beach International Airport

DEPARTMENT OF AIRPORTS CONTACT: Ray Walter or Rebecca Reed TELEPHONE NO.: 561-471-7429

FAX NO.: 561-471-7427 EMAIL ADDRESS: jrwalter@pbia.org or rreed@pbia.org

All bid responses must be received on or before Wednesday, August 2, 2022, prior to 11:00 a.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Department of

Airports, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470. Directions for hand-delivery to the Department of Airports Administration Offices are included in Exhibit “4”.

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 Federal and State 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 mailto:jrwalter@pbia.org mailto:rreed@pbia.org 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 Investigation’s 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 BIDDER HAS QUESTIONS REGARDING

THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO 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.

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.

mailto:RECORDSREQUEST@PBCGOV.ORG

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 plus one (1) electronic copy in a PDF format on a CD or flash drive 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 3.22% of goods 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 how they intend to satisfy the requirements of the bid related to ACDBE participation on Schedule 3. If the ACDBE contract participation goal 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 ACDBE SCHEDULE 3 WITH THEIR

BID RESPONSE IN ORDER TO BE DEEMED

RESPONSIVE TO THE ACDBE

REQUIREMENTS. SUCCESSFUL BIDDERS

SHALL BE REQUIRED TO SUBMIT

SCHEDULE 1 AND SCHEDULE 2 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 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) 471-7421.

d. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statutes (Section 287.087) attached form “Drug-Free Workplace Certification” http://www.dot.state.fl.us/equalopportunityoffice

(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.

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. In the event that fewer than seven (7) responsive bids are received, County believes it is in the interest of both the County and the general public that a separate, subsequent competitive solicitation be issued for any remaining rental car reservation space. Any resulting agreement would be on the same terms and conditions as this solicitation; however, the Department reserves the right to increase the minimum acceptable bid in any subsequent solicitation based on, in part, on the responses received as a result of this solicitation to ensure fair competition.

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 at the Department of Airports website at https://www.pbia.org/business/bids/, and shall remain posted for a period of five (5) business days. 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 https://www.pbia.org/business/bids/ 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.”

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. TIMETABLE

The anticipated schedule for this Bid is as follows:

Activity Date/Time Location

Bid documents available for download from Purchasing Dept. VSS

On or about Wednesday, July 6, 2022 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Mandatory Pre-Bid Conference (See Special Condition 9)

Thursday, July 21, 2022 10:00 a.m. local time

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

Mandatory ACDBE Conference (See Special Condition 10)

Thursday, July 21, 2022 11:00 a.m. local time

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

Deadline for receipt of written questions or comments (See Special Condition 11)

Monday, July 25, 2022 3:30 p.m. local time

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

Deadline for Submittal of Bid Responses (See Special Condition 12)

Wednesday, August 2, 2022 11:00 a.m. local time

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

Allocation Meeting (See Special Condition 15)

To be determined Virtual Meeting – Details will be provided to Successful Bidders

Award Date/Effective Date of Agreement

To be determined Public Meeting of the Palm Beach County Board of County Commissioners

Commencement of Operations

To be determined McCampbell Terminal Building 1000 James L. Turnage Boulevard West Palm Beach, FL 33406

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

* Driving directions to the Department of Airports, 846 Palm Beach International Airport, are included in Exhibit “4” to this IFB

9. PRE-BID CONFERENCE (MANDATORY)

All interested parties/bidders are required to attend IN-PERSON at a MANDATORY PRE-BID CONFERENCE which is scheduled to be held at the Department of Airports (DOA) Administration Offices, Main Conference Room, Bldg. 846, Palm Beach International Airport, West Palm Beach, FL 33406-1470 on Thursday, July 21, 2022, commencing at 10:00 A.M.

Please note the DOA Administration Office is NOT located in the McCampbell Terminal Building. Directions to the DOA Administration Office in included in Exhibit “4” to this Invitation for Bid (IFB). If additional information is required please notify the Contact Person(s) listed in Special Condition No. 11 below.

As an accommodation due to the pandemic, the meeting will be broadcast virtually for ADDITIONAL PARTICIPANTS who are unable to travel. Interested parties/bidders should note that a representative of each bidder MUST ATTEND IN PERSON. A bidder’s attendance virtually will not substitute for in-person representation at the Mandatory Pre-Bid Conference. Login information for virtual attendees is included in Exhibit “5”.

At the pre-bid conference, the Department’s representative(s) will attempt to answer questions relative to this 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. 11. Any suggested modifications may be presented in writing to, or discussed with the Department’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 the pre-bid conference. 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 site inspection of the designated space within the Airport Terminal, which will be conducted after the Mandatory Pre-Bid Conference. Bidders are not required to attend the site inspection. 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 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.

10. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) CONFERENCE (MANDATORY)

In an effort to facilitate and encourage ACDBE participation, the Department will host a MANDATORY ACDBE Conference, at which time ACDBE providers will be available to share information on goods, services and products they offer, and will be available to answer questions or to schedule additional offline discussions with potential bidders.

All interested bidders are required to attend IN-PERSON at the MANDATORY ACDBE CONFERENCE which is scheduled to be held at the Department of Airports (DOA) Administration Offices, Main Conference Room, Bldg. 846, Palm Beach International Airport, West Palm Beach, FL 33406-1470 on Thursday, July 21, 2022, commencing at 11:00 A.M. Please note the DOA Administration Office is NOT located in the McCampbell Terminal Building. Directions to the DOA Administration Office in included in Exhibit “4” to this Invitation for Bid (IFB). If additional information is required please notify the Contact Person(s) listed in Special Condition No. 11 below.

As an accommodation due to the pandemic, the ACDBE Conference will be broadcast virtually for ACDBE PARTICIPANTS who are unable to travel. Interested parties/bidders should note that a representative of each bidder MUST ATTEND IN PERSON. A bidder’s attendance virtually will not substitute for in-person representation at the Mandatory ACDBE Conference. Login credentials for the virtual meeting may be obtained by contacting the Contact Person(s) listed in Special Condition No. 11 below.

11. 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 3:30 p.m. local time, on Monday, July 25, 2022. Questions pertaining to ACDBE participation are not limited by this deadline and may be asked by participants at any time prior to submittal of bid responses;

however, bidders should allow sufficient time for questions to be considered and responded to by the Department’s representative.

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

However, changes to this IFB 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:

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

OR

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

846 Palm Beach International Airport Fax: 561-471-7427 West Palm Beach, FL 33406-1470 Email: rreed@pbia.org Attn: Rebecca Reed Phone: 561-687-5944 mailto:jrwalter@pbia.org mailto:rreed@pbia.org

Questions should be as specific as possible, and the Department encourages participants to submit questions as early as possible. Bidders should be aware the Agreement For Rental Car Lease and Concession Agreement (Exhibit “1”) is consistent with the final Agreement For Rental Car Lease and Concession Agreement used for bidders under Invitation For Bid No. PB 22-3; therefore changes will likely not be allowed, with the exception of non-material changes/edits. However, if changes are requested, the party requesting the change should include specific, proposed, alternative language for the County to consider.

12. BID SUBMISSION

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

One (1) unbound original plus one (1) complete electronic copy in a PDF format on a CD or flash drive of all bid responses must be received on or before Wednesday, August 2, 2022, prior to 11:00 a.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Department of Airports, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470. The Department’s front desk office hours are 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding holidays observed by the County. Bidders are responsible for informing any commercial delivery services, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. Directions to the Department of Airports Administrative Offices for hand-delivery are included in Exhibit “4”.

The bidder’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this Invitation for Bid. The outer envelope or wrapper should be addressed as follows:

Bidder Name Address Telephone No.

Palm Beach County Department of Airports

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

Bid No. PB 22-9 Title: Rental Car Lease & Concession Agreement Due Date: Wednesday, August 2, 2022, 11:00 a.m.

The Bid Response Form (Attachment “A”) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the Bidder (“Authorized Person”). ACDBE Schedule 3 (“Demonstration of Good-Faith Efforts”) (Attachment “B”) must be completed and submitted with the Bid Response Form.

The submission of a signed Bid Response Form by a proposer will be considered by the County as constituting a legal offer by the bidder to perform the required services at the terms identified therein.

No bid responses will be accepted after the deadline for submission of bid responses, or at any location other than the location designated in this IFB.

13. QUALIFICATION OF BIDDERS

A bid shall be awarded only to a responsive and responsible Bidder, qualified to provide the goods and/or service specified.

The 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).

Bidders should be aware that all information listed in this Special Condition No. 13 is required for completion of the Department’s review of bid submittals to determine responsiveness. Delay(s) in providing this information may result in finalization of the Department’s responsiveness review. 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 of experience in the successful operation and management of an airport rental car operation, with at least fifteen (15) on-airport or off-airport locations in the United States, immediately prior to the date of bid opening. If Bidder is an authorized franchisee of a rental car firm and is unable to provide evidence of the requisite three (3) years of experience, Bidder shall provide evidence that the franchisor has three (3) years of experience in the successful operation and management of airport rental car operations prior to the date of bid opening. Current concessionaire and non-concessionaire rental car operators at the Airport may list PBI as an airport location/operation for purposes of meeting this requirement.

This information should be sufficient information to verify the Bidder’s experience, such as the name/identifier of each airport, the scope of work, contact names, e-mail addresses, mailing addresses, telephone numbers and dates of service. A contact person shall be someone at the Airport who has personal knowledge of the Bidder's performance for the specific requirement listed. DO NOT list persons who will be unable to answer specific questions regarding the requirement. Pursuant to Special Condition No. 17, 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 generally 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). Documentation such as fictitious name registration, or a properly detailed and supported affidavit would be sufficient to fulfill this requirement

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. 18).

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

F. Bidder must currently have, or demonstrate that it will have prior to the commencement of operations under the Agreement, a facility at or nearby the Airport, with sufficient resources to support a rental car operation.

G. 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

H. In order to do business with Palm Beach County, vendors 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. If a vendors intends to use subcontractors, the vendors must also ensure that all subcontractors are registered in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until County has verified that a vendors and all of its subcontractors are registered in VSS.

14. AWARD

Palm Beach County will award contracts (“Concession Agreements”) to as many as eight (8) responsive, responsible Bidders offering the highest return to the County, meeting or exceeding the “Minimum Annual Guarantee”.

The Minimum Annual Guarantee to be paid to the County during each Contract Year for the term of the contract shall not be less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). The bid shall state the Bidder’s Minimum Annual Guarantee for the First Contract Year (as defined in the Agreement, Exhibit “1”). The Minimum Annual Guarantee for the Second Contract Year and all subsequent Contract Years shall be ninety percent (90%) of the Annual Percentage Payment for the prior Contract Year, or the Minimum Annual Guarantee for the prior Contract Year, whichever is higher.

15. TERMINAL RENTAL CAR RESERVATION COUNTER SPACE

The allocation of each available rental car reservation counter (“Assigned Premises”) will be based upon the rank order of the total sum of each Bidder’s Minimum Annual Guarantee (“MAG”) bids. The Bidder having bid the total highest MAG will be given the first right of selection. The Bidder having bid the second-highest total MAG will be given the second right of selection.

There is currently one (1) vacant counter (Counter No. 7). In the event two (2) successful bids are received, or in the event a single successful bid is received and that bidder desires to do so, the County will allow an additional rental car reservation counter to be constructed – the “Additional Counter” - see Specification No. 3.d below. In the event that identical Bids are received, the awards shall be determined by the Bid with the highest ACDBE participation.