Board of County Commissioners County Administrator

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

REQUEST FOR SUBMITTAL

RFS NO. PB 22-6

Palm Beach County Board of County Commissioners and

DEPARTMENT OF AIRPORTS

are seeking Submittals for:

AIRPORT BAGGAGE CART CONCESSION

FOR THE PALM BEACH INTERNATIONAL AIRPORT

Date issued/available for distribution: June 21, 2022

Respondents shall submit one (1) unbound original and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal which must be received by the Department of Airports no later than July 15, 2022, 3:30 p.m. local time. See Section 1.8 of the RFS for mailing instructions.

Mandatory Pre-submittal Conference: See Section 1.6 of this solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE DEADLINE DATE FOR RECEIPT OF SUBMITTALS

AND THE RFS NUMBER.

C A U T I O N 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 which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If respondent intends to use subcontractors, Respondent must also ensure that all subcontractors are registered as vendors 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 a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Submittal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE REQUESTED IN AN ALTERNATE FORMAT https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

TABLE OF CONTENTS

SECTION PAGE

1 General Information ……………………………………………………..…1

2 General Terms and Conditions……………………………………………6

3 Submittal Requirements…………………………………………………..11

4 Scope of Work/Services…………………………………………………..16

ATTACHMENTS

ATTACHMENT 1 - Airport Baggage Cart Concession Agreement ATTACHMENT 2 - Submittal Checklist

APPENDICES

APPENDIX A - Revenue Submittal Page(s) APPENDIX B - Business Information Pages APPENDIX C - Drug Free Workplace Certification APPENDIX D - Schedule 1, List of Proposed ACDBE Firms APPENDIX E - Schedule 2, Letter of Intent to Perform as an ACDBE APPENDIX F - Schedule 3, Demonstration of Good Faith Efforts

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE:

This Request for Submittal (RFS) is issued for the County of Palm Beach (the “County”) by the Department of Airports (the “Department”). The Department is the SOLE point of contact concerning this RFS. All communications regarding this RFS must be done through the Department (See Section 1.9 Contact Person).

1.2 GENERAL INFORMATION:

The Palm Beach International Airport (the “Airport” or “PBI”) is owned by the County and operated by the Department. Located along the southeast coast of Florida, Palm Beach County is the largest county east of the Mississippi River. PBI is classified as a medium hub airport, handling between 6.1 to 7 million passengers in a typical year. Passenger statistics reports for the last twenty (20) years, by month, including reports through the month of March 2022, are available on the Airport’s website at http://www.pbia.org/business/reports/. Any conclusions drawn by a respondent are done at the respondent's sole risk. Particularly in light of COVID-19, respondents are advised to not rely on past passenger data as a reliable indicator of future passenger trends.

The Airport is located in unincorporated Palm Beach County, approximately 2.5 miles from downtown West Palm Beach and 3.5 miles west of Palm Beach. The Airport has three surfaces which serve as six active runways; the longest runway is 10,008 feet.

Facilities at the Airport are capable of supporting a full range of commercial and general aviation aircraft. The Airport serves a mix of personal, leisure, and business-related travel.

Domestic and international airlines that currently serve the Airport with scheduled commercial flights include American, Delta, Frontier, JetBlue, Southwest, United, Spirit, Air Canada, Allegiant, Avelo, Breeze Airways, Sun Country and BahamasAir. The McCampbell Terminal Building is a three-level commercial passenger terminal, which opened in 1988. The Airport’s terminal building encompasses approximately 561,000 square feet, has two (2) second level concourses, accommodating 28 aircraft parking gates and a ground level commuter concourse. Airline clubrooms, the concession mall as well as restaurants and shops are located on the second level. Airline ticketing is located on the third level of the terminal building, and baggage claim and ground transportation areas, including rental car reservation counters, are located on the ground level.

1.3 PURPOSE OF THE PROJECT:

The County is seeking a qualified and experienced firm to operate and manage a baggage cart concession at the Palm Beach International Airport.

http://www.pbia.org/business/reports/

1.4 PERIOD OF CONTRACT:

The Airport Baggage Cart Concession Agreement (the “Agreement”) (See Attachment

1) will be effective for an initial term of three (3) years, commencing on October 1, 2022.

Palm Beach County, in its sole and absolute discretion, may elect to renew the Agreement for a period of two (2) years. In the event County elects not to renew the Agreement at the end of the initial term, the Agreement shall terminate at the end of the initial term, and the Concessionaire shall have no further rights under the Agreement.

1.5 QUALIFICATION OF RESPONDENTS:

All respondents to this RFS that desire to be considered for the Airport Baggage Cart Concession Agreement must have demonstrated experience in supplying baggage cart services at no less than one (1) airport with enplanements of at least two million (2,000,000) passengers annually. All respondents must demonstrate the ability to maintain adequate staff within the Airport’s region to support this Concession.

Respondents shall meet all criteria/requirements identified in this RFS.

1.6 MANDATORY PRE-SUBMITTAL CONFERENCE

All respondents are required to have a representative attend a Mandatory Pre- Submittal Conference, in person or via Webex. If attending virtually, there are several ways to join the Pre-Proposal Conference:

Participants can dial 1-844-621- 3956

Enter the Webex Meeting number (access code): 2313 264 5070

Participants can click join by clicking on the hyperlink below:

Or copy and paste the link below into your web browser:

Join meeting [pbc-gov.webex.com]

Participants can click on the link below to join the meeting by mobile device:

+1-844-621-3956 United States Toll https://pbc-gov.webex.com/pbcgov/j.php?MTID=mc06f0e1fb328d143b829604c87c40cff

[pbc-gov.webex.com] https://urldefense.com/v3/__https:/pbc-gov.webex.com/pbc-gov/j.php?MTID=mc06f0e1fb328d143b829604c87c40cff__;!!COIdcu9TKnUF_QTdrw!f09u1edmFIg1Lx73cXTw-56keWLnDsMRDTmmGpVOU0-sZ0mhXrzJBpaANOYrvpphNtkrgrq3ygG9hw$ tel:%2B1-415-655-0003,,*01*1325901232%23%23*01* https://pbc-gov.webex.com/pbcgov/j.php?MTID=mc06f0e1fb328d143b829604c87c40cff%20%5bpbc-gov.webex.com%5d https://pbc-gov.webex.com/pbcgov/j.php?MTID=mc06f0e1fb328d143b829604c87c40cff%20%5bpbc-gov.webex.com%5d

IF YOU HAVE DIFFICULTY ACCESSING THE VIRTUAL PRE-PROPOSAL

CONFERENCE COMMENCING AT 2:00 P.M. LOCAL TIME ON WEDNESDAY, JUNE

27, 2022, PLEASE CALL 561-471-7403.

If attending in person, the meeting will be held at the Department of Airports’ Administrative Offices, Main Conference Room, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470, on Wednesday, June 27, 2022, at 2:00 pm local time.

Please note that the Administrative Offices of the Department of Airports are NOT located in the McCampbell Terminal Building. Directions to the Administrative Offices may be found in Attachment 3.

At this time, a County representative will be available to answer questions relative to this Request for Submittals; however, respondents should not rely on any oral representations, statements or explanations other than those made in this RFS or a formal Amendment to this RFS. Any questions or comments arising subsequent to the Mandatory Pre-Submittal Conference must be presented, in writing, to the Contact Person (See Section 1.9) prior to the date and time stated in the Timetable (See Section 1.7).

A RESPONDENT’S FAILURE TO ATTEND THIS CONFERENCE SHALL RESULT IN

DISQUALIFICATION OF ITS SUBMITTAL. All respondents shall be required to sign an attendance sheet, which will be collected at the end of the Mandatory Pre-Submittal Conference. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the Mandatory Pre-Submittal Conference. In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least five (5) days’ notice.

1.7 TIMETABLE:

The anticipated schedule and deadline for the RFS and Agreement approval are as follows:

Activity Date, Time and Location

RFS available for download on website

On or about: June 21, 2022, at:

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

Mandatory Pre-Submittal Conference

At 2:00 p.m. local time, on June 27, 2022,at the Main Conference Room, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1407

Deadline for Submission of Written Comments/Questions

At 4:00 p.m. local time, on June 30, 2022, by e-mail to the Contact Person(s) or sent to the Department of Airports, 846 Palm Beach International Airport West Palm Beach, FL 33406 https://pbcvssp.co.palm-beach.fl.us/webapp.vssp https://pbcvssp.co.palm-beach.fl.us/webapp.vssp

Deadline for Receipt of Submittals

At 3:30 p.m. local time, July 15, 2022, at the Reception Desk, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1407

Award Date To Be Determined

Concession Agreement Start Date

October 1, 2022

Note: The Department reserves the right to alter the dates and/or times set forth above at the Department’s sole and absolute discretion.

1.8 SUBMITTAL SUBMISSION:

All submittals must be sent on 8 ½ x 11 inch paper.

One (1) unbound original and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal must be received in the Department by July 15, 2022, 3:30 p.m.

local time. The original and all copies must be submitted in a sealed envelope or container. The respondent’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFS. The outer envelope or wrapper should be addressed as follows:

Respondent Name Address Phone No.

Palm Beach County Board of County Commissioners Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 RFS No: PB 22-6

Title: Airport Baggage Cart Concession for the Palm Beach International Airport Due Date: July 15, 2022, 3:30 p.m. local time

Hand-carried submittals may be delivered to the above address ONLY between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays observed by the County.

Respondents 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.

The Revenue Submittal Page(s) (Appendix 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 respondent (“Authorized Person”).

The submission of a submittal by a respondent will be considered by the County as constituting a legal offer by the respondent to perform the required services at the proposed pricing identified therein.

1.9 CONTACT PERSON:

The contact persons for this RFS are:

Ray Walter, Deputy Director Airports Real Estate & Concessions Department of Airports Telephone: (561) 471-7429 E-mail: ray.walter@pbia.org Fax: (561) 471-7427 and

Rebecca Reed, Assistant Airports Properties Manager Department of Airports Telephone: 561-687-5944 E-mail: rreed@pbia.org Fax: (561) 471-7427

Respondents are advised that from the date of release of this RFS until award of the contract, NO contact with County staff for this RFS is permitted, except as authorized by the contact person designated herein.

1.10 ADDITIONAL INFORMATION/AMENDMENT(S):

Any questions, comments (i.e., additional information or clarifications) must be made in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFS Timetable (See Section 1.7) or fax number or e-mail address listed for the Contact Person (See Section 1.9) above. The request must contain the respondent’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the respondent’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFS, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of submittals.

Respondents should not rely on any representations, statements or explanations other than those made in the RFS or in any Amendment to this RFS. Where there appears to mailto:ray.walter@pbia.org mailto:rreed@pbia.org be a conflict between the RFS and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) System at https://pbcvspp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the respondent to routinely check VSS for any Amendments that may be issued prior to the Deadline for receipt of submittals. The County shall not be responsible for the completeness of any RFS package not downloaded from VSS or obtained directly from the Department.

It is the respondent’s sole responsibility to assure receipt of all Amendments. The respondent should verify with the designated Contact Person (See Section 1.9) prior to submitting a submittal that all amendments have been received. Respondents are required to acknowledge the receipt of all Amendments as part of their submittal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 SUBMITTAL GUARANTEE:

Respondent guarantees their commitment, compliance, and adherence to all requirements of the RFS by submission of their submittal.

2.2 MODIFIED SUBMITTALS:

A respondent may submit a modified submittal to replace all or any portion of a previously submitted submittal until the Deadline for receipt of submittals. The County will only consider the latest version of the submittal.

2.3 WITHDRAWAL OF SUBMITTALS:

A submittal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of submittals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety

(90) days after the Deadline for receipt of submittals.

Unless withdrawn, as provided in this subsection, a submittal shall be irrevocable until the time that a contract is awarded.

2.4 LATE SUBMITTALS, LATE MODIFIED SUBMITTALS:

Submittals and/or modifications to submittals received after the Deadline for receipt of submittals specified in RFS Timetable (See Section 1.7) are late and shall not be considered.

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

2.5 RFS POSTPONEMENT/CANCELLATION:

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, submittals; waive any minor irregularities in this RFS or in the submittals received as a result of this RFS; postpone or cancel, at any time, this RFS process; or re-issue this RFS.

2.6 COSTS INCURRED BY RESPONDENTS:

All expenses incurred with the preparation and submission of submittals to the County, or any work performed in connection therewith, shall be borne by the responding party.

No payment will be made for submittals received, nor for any other effort required of or made by the respondents, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION:

Any material submitted in response to this Request for Submittal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding respondent might consider to be confidential. All submitted information that the responding respondent 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 information, a determination will be made whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS:

The County may award a contract on the basis of initial offers received, without discussions. Therefore, each submittal should contain the respondent’s best price and technical offer.

2.9 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS:

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, F.S., in the same manner as a second degree misdemeanor.

2.10 RULES; REGULATIONS; LICENSING REQUIREMENTS:

The respondent shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Respondents are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.11 CRIMINAL HISTORY RECORDS CHECK ORDINANCE:

Pursuant to Palm Beach County Code Section 2-371 – 2-377, The Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County shall 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 contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be 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- 2013-1470 and R-2015-0572, 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 Respondent is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the Respondent acknowledges that its proposal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

2.12 REVIEW OF SUBMITTALS:

Each submittal will be reviewed to determine if the submittal is responsive to the RFS.

Submittals deemed to be non-responsive will be rejected without being evaluated by the County. A responsive submittal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the submittal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a submittal without evaluation, such substandard submissions may adversely impact the evaluation of your submittal, especially information relating to establishing financial/business stability. Respondents who fail to comply with all of the required and/or desired elements of this RFS, do so at their own risk.

2.13 EXCEPTIONS TO THE RFS:

All exceptions taken must be specific, and the respondent must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the submittal. Respondents are cautioned that submitting an alternative submittal does not relieve the respondent from submitting the “Minimum Requirements” as stated in Section 3. The County is under NO obligation to accept any proposed exceptions or alternatives.

2.14 SELECTION PROCESS:

All submittals timely received will be reviewed by the Department to determine if each respondent has submitted the required information and met all Submittal Requirements (as stated in Section 3).

The Department will evaluate all responses to this RFS that meet the Submittal Requirements and are deemed responsive in accordance with the evaluation criteria set forth in Section 2.15. The Department may evaluate all responsive submittals based solely on the information submitted with the submittal. Accordingly, respondents are urged to ensure that their submittal contains all the necessary information for the Department to fairly and accurately evaluate each of the criteria listed below in Section

2.15. However, an oral presentation, additional written information, internal staff analysis, respondent presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Department to determine the successful respondent. The Department may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Department.

2.15 EVALUATION CRITERIA:

Evaluation Criteria Maximum Points

Financial Proposal (See Section 3.3) 40

Experience/Qualifications (See Section 3.1) 30

Project Approach (See Section 3.2) 30

2.16 AWARD OF CONTRACT:

The award, if any, will be made to the responsive, responsible respondent whose submittal is considered to be the most advantageous to the County based on the County’s opinion after review of every such submittal including, but not limited to, price.

2.17 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1):

The selected respondent will be required to execute a contract similar to the attached Airport Baggage Cart Concession Agreement (Attachment 1). If a respondent has comments related to any of the provisions in this RFS and/or the contract sample, comments must be made, in writing and submitted no later than the date specified in the RFS Timetable (see Section 1.7).

Should any selected respondent and the County be unable to consummate a written contract, the County may proceed to the next most advantageous submittal or issue a new solicitation or cancel the procurement process in its entirety.

2.18 COMMENCEMENT OF WORK:

This RFS does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the respondent. The County may set a different starting date for the contract. The County will not be responsible for any work done by the respondent, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.19 INSURANCE REQUIREMENTS:

Prior to the effective date of the Agreement, it shall be the responsibility of the successful respondent to provide evidence of the minimum amounts of insurance coverage specified in the Agreement (See Attachment 1) to the Department.

The successful respondent shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Agreement, insurance coverages and limits (including endorsements) as described herein (See Attachment 1). Failure to maintain the required insurance will be considered default of the Agreement. The requirements contained herein, as well as County’s review or acceptance of insurance maintained by the successful respondent, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful respondent under the Agreement.

2.20 DRUG FREE WORKPLACE CERTIFICATION:

Respondents should submit with their submittal an executed Drug Free Workplace Certification (Appendix C) indicating that the respondent has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.21 AUTHORIZED SIGNATURE:

The authorized representative signature required on all submittals and the Agreement must be made by an officer of the company (if applicable).

SECTION 3

SUBMITTAL REQUIREMENTS

SUBMITTAL FORMAT AND CONTENT:

Format

Respondent shall submit one (1) unbound original and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal. Submittals should be typed, double spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Submittals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Submittals should contain a Table of Contents. The Table of Contents outlines in sequential order all of the areas of the submittal and it allows for clarity and ease of review of the submittal.

Letter of Transmittal

Submittals should contain a Letter of Transmittal addressed to Rebecca Reed, Assistant Properties Manager, and should, at a minimum, contain the following:

a. Identification of respondent, including name, address and telephone number.

b. Proposed working relationship between respondent and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of submittal evaluation.

d. Signed by a person authorized to bind respondent to the terms of the submittal.

Technical Submittal

Submittals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a respondent to provide the required information is considered sufficient cause to deem the submittal non-responsive.

The items marked by an asterisk (*) should be a part of the submittal; however, if these items are omitted, the respondent must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the submittal shall be deemed non-responsive. All other items must be submitted with the submittal or it shall be deemed non-responsive.

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the submittal. Upon request, it shall be the responsibility of the respondent to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a respondent to provide the required information within the specified time frame is considered sufficient cause to deem the submittal non-responsive.

Each of the following requirements should be addressed in separate sections of the submittal.

3.1 EXPERIENCE/QUALIFICATIONS

3.1.1 Respondents must have recent, relevant experience in providing baggage cart concession services at no less than one (1) airport with enplanements of at least two million (2,000,000) passengers annually. Each respondent shall submit a detailed statement of their experience, qualifications, and background for providing baggage cart concession services. This information must include the following:

1. Detailed history and experience of providing Airport Baggage Cart

Concession services.

2. The number of locations where respondent operates baggage cart dispensing units.

3. A list of airports where respondent has managed or operated baggage cart dispensing units in the prior two (2) years, including: (i) airport location; (ii) gross sales by airport location; and (iii) amount paid to the airport for each airport location.

*3.1.2 Each respondent should submit a minimum of three (3) references demonstrating the successful provision of baggage cart dispensing units in the prior services at an airport, within the past two (2) years.

Each reference should include the following: the name of client company, contact names, addresses, telephone/fax numbers, dollar amount of contracts and dates of service. The contact person must have been informed that he or she is being used as a reference and that County may be calling them. DO NOT list persons who will be unable to answer specific questions regarding Respondent’s experience.

3.2 PROJECT APPROACH

The respondent shall provide a detailed narrative description of its approach and methodology for implementing baggage cart concession services, including, but not limited to, the following:

3.2.1 Overview. Overview of the baggage cart concession services to be provided under the Agreement.

3.2.2 Installation Plan. Respondents must identify the number and type of baggage cart dispensing units proposed for each location, including photographs or renderings of the dispensing units; equipment dimensions and electrical requirements; and the proposed location of each baggage cart-dispensing unit.

3.2.3 Operation and Maintenance Plan. Respondents must provide information regarding the day-to-day operation and maintenance of the baggage cart dispensing units, including replenishment of the baggage cart dispensing units, time frames for repair of malfunctioning baggage cart dispensing units, etc.

3.2.4 Pricing Plan. Respondents must identify each of the proposed baggage cart dispensing unit locations and the proposed pricing for baggage cart rental from each of the baggage cart dispensing unit(s).

3.2.5 Security Plan. Respondents must describe plan for ensuring the security and safety of the baggage cart dispensing unit(s).

3.2.6 Customer Service Plan. Respondents must describe their plan for addressing customer service complaints, response time for complaints, refund policies, etc.

3.2.7 Utility Consumption Estimates. Respondents must provide estimated monthly (assuming a thirty (30) day month) electric utility consumption for each baggage cart dispensing unit proposed to be installed at PBI.

3.2.8 Financial Proforma. Respondents must submit a financial proforma for the initial three (3) year term of the Airport Baggage Cart Concession Agreement, including: (i) anticipated gross revenues for each year of the initial three (3) year term; (ii) expenses by line item, including salaries, maintenance, insurance and operating costs; and (iii) anticipated concession fees to the County.

APPENDICES

3.3 REVENUE SUBMITTAL INFORMATION

The respondent shall submit the Revenue Submittal Page(s) (Appendix A), filled out, and signed by an authorized representative of respondent. The respondent shall indicate the annual concession fees the respondent proposes to pay the County during the term of the Agreement.

3.4 *BUSINESS INFORMATION

Each respondent shall complete the Business Information Pages (Appendix B), referencing their type of business, i.e., Corporation, Limited Liability Company, Partnership (General/Limited), Joint Venture and Sole Proprietorship.

3.5 ACDBE DOCUMENTATION

3.5.1 Policy. The requirements of 49 CFR Part 23, regulations of the U.S.

Department of Transportation, apply to this RFP. All firms qualifying under this RFS are encouraged to provide submittals. Award of the Agreement will be conditioned upon satisfying the requirements of this RFS. These requirements apply to all firms and suppliers, including those who qualify as an Airport Concession Disadvantaged Business Enterprise (ACDBE).

3.5.2 ACDBE Goal. Palm Beach County has established a minimum ACDBE participation goal of 10% of gross receipts. Respondents 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.

3.5.3 ACDBE Documentation.

a. Schedule 1 – List of Proposed ACDBE Firms. Prior to award of the Agreement, Schedule 1 shall be submitted by the selected respondent and shall contain the names of all ACDBE firms, including prime and subcontractors, suppliers and manufacturers, intended to be used in performance of the Agreement. The County reserves the right to confirm the certification status of all ACDBE’s proposed to participate in the respondent’s operation. The Schedule 1 form is attached as Appendix D to this RFS.

b. Schedule 2 – Letter(s) of Intent to Perform as an ACDBE Firm.

Prior to the award of the Agreement, the selected respondent must submit a Schedule 2 for each ACDBE firm listed on Schedule 1.

Schedule 2 must be completed and signed by the proposed ACDBE firm. ACDBE firms shall specify the type of work to be performed and the anticipated percentage of ACDBE participation.

Additional sheets may be used as needed. The Schedule 2 form is attached as Appendix E to this RFS.

c. Schedule 3 – Demonstration of Good Faith Efforts. Respondents MUST complete and return Schedule 3, Demonstration of Good

Faith Efforts (Appendix F) with their submittals. If the ACDBE participation goal is NOT proposed to be achieved (i.e., respondent proposes less than 10% ACDBE participation), respondent shall complete Schedule 3 in its entirety with its proposal along with written documentation of good faith efforts evidencing that respondent took all necessary and reasonable steps to achieve the ACDBE goal even if not fully successful. Documentation should include copies of correspondence, advertisements, telephone logs, e-mails, etc. Efforts such as sending blanket faxes or e-mail messages to all ACDBE firms alone, shall not be considered good faith efforts. In determining whether a respondent has made good faith efforts, the Department may take into account the performance of other respondents in meeting the ACDBE goal. Examples of good faith efforts can be found in Appendix A to 49 CFR Part 26. In the event the respondent is unable to achieve the ACDBE goal, failure of a respondent to submit written evidence of good faith efforts to achieve the ACDBE goal shall result in the submittal being deemed non-responsive.

3.5.4 ACDBE Certification. Only those firms certified by the Unified Certification

Program for the State of Florida as an AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE shall be counted toward the established ACDBE goal. Certification by any other program shall not count toward satisfaction of the ACDBE goal. Certification as a DBE alone shall not count toward satisfaction of the ACDBE goal. IT TAKES

UP TO 90 DAYS TO BECOME CERTIFIED AS AN ACDBE BY THE

UNIFIED CERTIFICATION PROGRAM. It is the responsibility of respondents to confirm the certification status of any proposed ACDBE.

Information regarding ACDBE certification status may be found through the Florida Department of Transportation Equal Opportunity Office website at: http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/;

OR BY CONTACTING THE DEPARTMENT OF AIRPORTS’ DBE

OFFICE AT (561) 471-7403.

3.6 AMENDMENTS TO THE RFS

It is the respondent’s responsibility to assure receipt of all Amendments. The respondent shall verify with the designated contact person, prior to submitting a submittal, the number of Amendments that have been received.

Additional Appendices

3.7 ADDITIONAL INFORMATION

Information considered by the respondent to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Respondents are cautioned, http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

SECTION 4

SCOPE OF WORK/SERVICES

4.1 GENERAL

The selected respondent shall have the non-exclusive right and obligation to provide, install, maintain, and operate all baggage cart systems, baggage cart equipment, and services as required pursuant to the Airport Baggage Cart Concession Agreement (Attachment 1).

4.2 TERM

The term of the Agreement shall commence on October 1, 2022, and terminate on September 30, 2025, unless sooner terminated as provided herein. Upon the expiration of the initial term, County shall have the option, in its sole discretion, to renew this Agreement for one (1) additional term of two (2) years, which shall be upon the same terms and conditions as set forth herein.

4.3 SCOPE OF WORK/SERVICES.

The detailed Scope of Work/Services, including, but not limited to payment terms; concession service standards; and construction, maintenance, repair and utility requirements can be found in Attachment 1, Airport Baggage Cart Concession Agreement.

4.4 ASSUMPTIONS

Respondents shall not condition their offers upon any pre-determined level of airline or passenger activity at the Airport. Respondents shall not rely on any representations of the County, either orally or in writing, as to the level of business at the Airport.

Note: Respondents should carefully read the terms and conditions in the Agreement (Attachment “1”), prior to preparing their proposals. In the event of a conflict between this Section 4 and the Agreement, the terms of the Agreement shall control.

SECTION 5

ATTACHMENTS

ATTACHMENT 1 - Airport Baggage Car Concession Agreement

ATTACHMENT 2 - Submittal Checklist

ATTACHMENT 3 Driving Directions to DOA Administration Offices

ATTACHMENT 1

AIRPORT BAGGAGE CART CONCESSION AGREEMENT

RFS NO. PB 22-6

AIRPORT BAGGAGE CART CONCESSION AGREEMENT

PALM BEACH INTERNATIONAL AIRPORT

THIS AIRPORT BAGGAGE CART CONCESSION AGREEMENT is made and entered into this __________, 20 ,by and between Palm Beach County, a political subdivision of the State of Florida (“County”), and ________________ , having its office and principal place of business at _______________________(“Concessionaire”).

W I T N E S S E T H:

WHEREAS, County, by and through its Department of Airports, owns and operates the Palm Beach International Airport, located in Palm Beach County, Florida; and

WHEREAS, Concessionaire submitted a response to County’s Request for Submittals No. PB-22-6 issued on June 21, 2022; and

WHEREAS, Concessionaire has indicated a willingness and demonstrated the ability to properly finance, operate and manage an Airport Baggage Cart Concession in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual convents herein contained, and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to the following terms and conditions:

ARTICLE 1

RECITALS

The foregoing recitals are true and correct and are hereby incorporated herein by reference.

ARTICLE 2

DEFINITIONS

The following terms, when used in this Agreement, shall have the meanings set forth below:

2.01 “Additional Insured” has the meaning ascribed to it in Section 10.04.

2.02 “Agreement” means this Agreement and all exhibits hereto, which are incorporated herein by this reference. Words such as "herein," "hereafter," "hereof," "hereto," "hereby" and "hereunder," when used with reference to this Agreement, refer to this Agreement as a whole, unless the context otherwise requires.

2.03 “Airport” means the Palm Beach International Airport.

2.04 “Airport Concession Disadvantaged Business Enterprise” or “ACDBE” has the meaning ascribed to it in Title 49, Part 23 of the Code of Federal Regulations as now or hereafter amended or any successor regulation.

2.05 “Assigned Premises” has the meaning ascribed to it in Section 4.01.

2.06 “Baggage Cart System” means the equipment to be provided by

Concessionaire to perform the baggage cart concession services required hereunder, which consists of baggage carts and self-service Dispensing Units.

2.07 “Bond” has the meaning ascribed to it in Section 5.09.

2.08 “Bond Resolution” means the Palm Beach County Airport System

Revenue Bond Resolution dated April 3, 1984 (R-84-427), as amended and supplemented, which is hereby incorporated herein by reference and made a part hereof.

2.09 “Business Day” means any day other than a Saturday, Sunday or County holiday. Use of the word “day” as opposed to Business Day means a calendar day.

2.10 “Commencement Date” has the meaning ascribed to it in Section 3.02.

2.11 “Concession” means the concession operated by Concessionaire pursuant to the terms and conditions of this Agreement.

2.12 “Concession Fee” has the meaning ascribed to it in Section 5.01.

2.13 “Contract Year” means a twelve (12) month period, commencing on

October 1, 2022 and ending on September 30, 2023 and each twelve (12) month period thereafter throughout the Term of this Agreement.

2.14 “Department” means the Palm Beach County Department of Airports.

2.15 “Dispensing Unit” means the equipment to be provided by Concessionaire to dispense baggage carts for use by its customers.

2.16 “Effective Date” has the meaning ascribed to it in Section 3.01.

2.17 “Equipment” means the equipment installed by Concessionaire at the

Airport, including Dispensing Units.

2.18 “FAA” means the Federal Aviation Administration or any successor agency.

2.19 “Gross Revenues” means all monies paid or payable for all baggage cart services in, on, from or about the Airport pursuant to this Agreement and any other monies collected or received on account of or derived from the business conducted by Concessionaire, its agents and contractors at the Airport pursuant to this Agreement, whether for cash or credit.

2.20 “Initial Term” has the meaning ascribed to it in Section 3.02.

2.21 “Letter of Credit” has the meaning ascribed to it in Section 5.09.

2.22 “Public Areas” means the public corridors, restrooms and other areas within the Terminal that the general public has the right to access, which are not leased, assigned or under the contractual control of a third party.

2.23 “Renewal Term” has the meaning ascribed to in Section 3.02.

2.24 “Security Deposit” has the meaning ascribed to it in Section 5.09.

2.25 “Statement of Gross Revenues” has the meaning ascribed to it in Section

5.06.

2.26 “Term” has the meaning ascribed to it in Section 3.02.

2.27 “Terminal” means the passenger terminal building located at the Airport, including any renovations or expansions.

2.28 “TSA” means the Transportation Security Administration or any successor agency thereto.

ARTICLE 3

EFFECTIVE DATE AND TERM

3.01 Effective Date. This Agreement shall become effective when signed by all parties and approved by the Palm Beach County Board of County Commissioners (the “Effective Date”).

3.02 Term. The term of this Agreement shall commence on October 1, 2022

(the “Commencement Date”) and terminate on September 30, 2025, unless sooner terminated as provided herein (“Initial Term”). Upon the expiration of the initial term, County shall have the option to renew this Agreement for one (1) additional terms of two (2) years (“Renewal Term”), which shall be upon the same terms and conditions as set forth herein, subject to consent of Concessionaire. In the event County desires to renew this Agreement, County shall provide written notice to Concessionaire of its desire to renew this Agreement at least thirty (30) days prior to the expiration of the Initial Term. The Airport Director shall have the authority to provide such notice on behalf of County. County shall have the absolute right, in its sole discretion, to elect not to renew this Agreement. In the event County elects not to renew this Agreement at the end of the initial term, this Agreement shall terminate at the end of the initial term and Concessionaire shall have no further rights hereunder. For purposes of this Agreement, “Term” shall mean the Initial Term and any Renewal Term.

ARTICLE 4

PRIVILEGES AND PREMISES

4.01 Description of Specific Privileges, Uses and Rights. Concessionaire shall have the nonexclusive right, privilege and obligation to install, operate and maintain, at its sole cost and expense, a Baggage Cart System within the Terminal locations identified in the attached Exhibit “A”, as may be modified from time to time as hereinafter provided (“Assigned Premises”).

Prior to installing, adding, removing, relocating or otherwise altering any Equipment on the Airport, Concessionaire shall provide the Department with a map identifying the proposed locations of the Equipment for prior written approval by the Department. Concessionaire shall not install Equipment at any Airport location that has not been approved in writing by the Department in advance.

4.02 Description of General Privileges, Uses and Rights. In addition to the specific privileges granted pursuant to Section 4.01, County hereby grants to Concessionaire:

A. The nonexclusive use of the Public Areas within the Terminal for

Concessionaire and its employees, contractors, customers, suppliers of service and agents in connection with its operations hereunder. Public Areas shall at all times be subject to the exclusive control and management of County. County shall have the full right and authority to make all rules and regulations as County may in its sole discretion deem proper, pertaining to the appropriate operation and maintenance of the Public Areas; and

B. The nonexclusive right of ingress to and egress from the Terminal over and across public roadways and walkways serving the Airport for Concessionaire and its employees, contractors, customers, suppliers of service and agents, in connection with its operations hereunder.

Nothing contained in this Agreement shall be construed as granting Concessionaire or its employees, contractors, customers, suppliers of service and agents, if any, the right to use or occupy any space or area at the Airport improved or unimproved that: (a) is leased to, assigned to, or under the contractual control of a third party; or (b) has not been assigned for use by Concessionaire pursuant to this Agreement. The general privileges, uses and rights granted in this Section shall be subject to the terms, conditions and covenants set forth herein.

4.03 License. County hereby grants Concessionaire a revocable license to use the Assigned Premises for the sole purpose of providing the concession services required by this Agreement. The parties agree that this Agreement is an agreement for services and nothing in this Agreement shall be construed as granting Concessionaire any title, interest or estate in the Assigned Premises. Concessionaire acknowledges and agrees that the Department may require Concessionaire to relocate any Equipment from time to time. In the event the Department determines that it is necessary or desirable for Concessionaire to relocate its Equipment, the Department shall provide thirty (30) days prior written notice to Concessionaire of the required relocation. Concessionaire shall relocate to location(s) on the Airport designated by the Department for its Equipment upon the date set forth in the Department’s written notice;

provided, however, County shall be responsible for providing any necessary electrical or telephone connections necessary for such relocation.

4.04 Restrictions of Privileges, Uses and Rights. Concessionaire covenants and agrees that the Assigned Premises shall be used solely for the uses permitted in Sections 4.01 and 4.02 and for no other purpose whatsoever.

4.05 Condition of the Assigned Premises and Airport. Concessionaire expressly acknowledges that it has inspected the Assigned Premises and Airport and accepts the same “As Is, Where Is” in the condition existing as of the Effective Date, together with all defects latent and patent, if any.

Concessionaire further acknowledges that County has made no representations or warranties of any nature whatsoever regarding the Airport or the Assigned Premises, including, but not limited to, the physical and/or environmental condition of the Assigned Premises, or any improvements located thereon, or the value of the Assigned Premises or improvements, or the suitability of the Assigned Premises, or any improvements, or Concessionaire’s legal ability to use the Assigned Premises for Concessionaire’s intended use thereof.

4.06 Inspector General. County has established the Office of the Inspector

General in Ordinance 2009-049, as may be amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General has the power to subpoena witnesses, administer oaths and require the production of records, and audit, investigate, monitor, and inspect the activities of Concessionaire and its officers, agents, employees and…