and protect, defend, indemnify and hold harmless City and the property of City, including the Concession Area, the Terminal and the Airport, from and against any charge for the installation, connection, maintenance and furnishing of all necessary utility services to the Concession Area which are not expressly supplied by City. Concessionaire shall be required to provide at its sole cost and expense for the provision of service distribution lines or connections, or installation thereof for utility service, as may be required to serve the Concession Operations. Concessionaire shall comply with all City, county, state or federal government-mandated energy conservation programs in fulfilling its obligations hereunder.
14.2.1 Concessionaire agrees that it shall take reasonable steps and any such other action which it deems necessary to protect Concessionaire's Furnishings, Trade Fixtures and Equipment from any damage that may be caused to such equipment in the event of any deficiency, impairment and/or interruption of utility services. As more fully set forth in SECTION 11, Concessionaire waives any and all claims and/or causes of action against City for any such damages.
SECTION 15 MAINTENANCE AND REPAIRS
15.1 Limitation on City's Liability
Except as otherwise provided or permitted by Law, City shall not be liable for, and Concessionaire waives all claims or causes of action for, any injury or damage resulting in whole or in part, directly or indirectly, from, nor shall the Concession Fee or any other fee or charge reserved herein be abated by reason of, the installation of any City equipment, or the use or interruption of use of the Concession Operations in connection with the furnishing of any of the services to the Concession Area and/or the Terminal, or by the making of necessary repairs or improvements to the Concession Area and/or the Terminal.
15.2 Concessionaire's Obligations
15.2.1 During the Term of this Agreement, Concessionaire shall keep, at its sole cost and expense, the Concession Improvements and the Concessionaire's Furnishings, Trade Fixtures and Equipment, and every part thereof, in Like New, and clean condition, perform all custodial services, make all necessary repairs, and make all repairs or modifications required by Law in accordance with any and all City, and Airport policies.
15.2.2 Concessionaire shall, at its cost and expense, keep or cause its Subconcessionaires to keep the Concession Locations clean, neat, orderly, sanitary and presentable at all times.
15.2.3 Concessionaire shall have primary responsibility for all maintenance, cleaning and routine upkeep of the Common Areas, Concession Areas and any other designated area as determined by the Airport related to the Concessionaires Operation, at its sole cost and expense, and shall keep such Common Areas and Concession Areas in like-new condition at all times. If the Concession Locations are not kept in the condition as required in this Agreement, Concessionaire will be so advised by City and, upon such notice, shall take immediate corrective action.
15.2.4 Concessionaire shall be subject to Liquidated Damages in the amount of $400 per occurrence per day for non-compliance with the above provisions.
15.2.5 Concessionaire shall maintain and repair or cause to be maintained and repaired the interiors and exterior storefronts of the Concession Locations, including but not limited to the ceiling, walls, floors, doors, windows, equipment, furnishings, fixtures and appurtenances. Such maintenance and repairs shall include, but not be limited to, painting, laminating doors, replacement of light fixtures (including bulbs, tubes, ballasts, Item 3A - Page 29
transformers and diffusers), and the replacement of all broken glass, which repairs shall be in quality and class equal to or better than the original work to preserve the same in good order and condition. Maintenance for all equipment furnished by Concessionaire or its Subconcessionaires for their operation shall remain the obligation of the Concessionaire or its Subconcessionaires. Concessionaire shall repair or cause to be repaired, at or before the end of the Term or Extension, if applicable, of this Agreement, all injury or damage done by the installation or removal of furniture and personal property so as to restore the Concession Locations to the state they were in at the commencement of this Agreement, reasonable wear and tear excluded. When used in this Agreement, the term “maintenance” shall include all repairs, alteration, maintenance and/or removals deemed necessary by Airport Director.
15.2.6 The Airport Director shall be the sole judge of the quality of the repairs or maintenance or custodial services required of Concessionaire under this Agreement.
City’s employees and agents may enter upon the Concession Area to determine if maintenance satisfactory to Airport Director is being performed. If Concessionaire fails to perform the maintenance or the maintenance is not being performed in a manner satisfactory to Airport Director, Airport Director will notify Concessionaire in writing. If the maintenance is not so performed by Concessionaire within 15 calendar days after receipt of written notice, City shall have the right (but not the obligation) to enter upon the Concession Area and perform the necessary maintenance and, upon receipt of the notice of maintenance cost, Concessionaire agrees to promptly reimburse City for the maintenance cost incurred, plus an additional amount equal to ten percent thereof for administrative overhead. The demand for any payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Concessionaire.
15.2.7 Concessionaire shall arrange at Concessionaire's sole cost and expense for the adequate sanitary and safe handling of all trash and other refuse resulting from Concessionaire's operations. Concessionaire shall provide and use suitable covered fireproof receptacles for all trash and other refuse generated in connection with the Concession Operations in locations specified by Airport Director. Piling of refuse or other similar items in view of a public area is prohibited. Concessionaire shall participate in or comply with City’s recycling program(s), as requested by Airport Director.
15.2.8 Should the Airport endeavor to secure building maintenance in the form of a Maintenance Consortium, for the Concession Locations, Common Areas, and/or any Shared Use Areas, the Concessionaire agrees that is shall pay its pro-rata share of said expenses, which shall be based on the types of services included to the individual Concession Locations. These services could include, but are not limited to: on-call maintenance services, hood-cleaning services, grease line and grease trap maintenance, plumbing, or Shared Use Areas maintenance.
15.2.9 Concessionaire shall, at all times during the Term of the Lease and at Concessionaire’s sole cost and expense, keep the Concession Locations and every part thereof in a clean and sanitary condition, including having a pest control program in place.
SECTION 16 AMERICANS WITH DISABILITIES ACT
16.1 Concessionaire shall be solely and fully responsible for complying with the Americans with Disabilities Act of 1990 (ADA) in connection with: (a) the Concession Area or any portion thereof and its operations thereon, the Concessionaire's Furnishings, Trade Fixtures and Equipment and the concession Improvements; (b) removing physical barriers from the Concession Area; (c) providing auxiliary aids and services for use of the Concession Improvements and Concessionaire's Furnishings, Trade Fixtures and Equipment, where necessary or required; and (d) modifying its policies, practices, and Item 3A - Page 30
procedures to comply with the ADA. Concessionaire shall develop a work plan to correct or avoid any violations or non-compliance with the ADA. Concessionaire shall deliver to the City, upon City's request, a copy of each report and work plan. City's approval of or acceptance of any aspect of Concessionaire's activities under this Agreement shall not be deemed or construed in any way as a representation that such item, activity or practice complies with the ADA. Concessionaire agrees to indemnify, defend, and hold the City harmless from and against any and all costs incurred by City with respect to Concessionaire's failure to comply with the ADA.
16.2 Nothing herein shall relieve Concessionaire from the obligation to seek and obtain City's consent prior to commencing any construction, alteration or renovation pursuant to SECTION 22 hereof.
16.3 Inspection by Certified Access Specialist. Concessionaire agrees that it has received adequate notice that the Concession Area has not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e). Concessionaire understands and agrees that it has had an opportunity to request a CASp Inspection as a part of the bidding process. Concessionaire further understands and agrees that if it did not request a CASp Inspection by August 11, 2022, then Concessionaire has waived the right to a CASp Inspection. In the event that Concessionaire has timely requested a CASp inspection, Concessionaire agrees that: (i) the inspection will be at Concessionaire’s sole cost and expense; (ii) the inspection must be scheduled through City and in coordination with the Airport’s property manager; (iii) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Concessionaire’s responsibility; and (iv) Concessionaire must provide a copy of the CASp report to City on completion.
SECTION 17 TAXES AND ASSESSMENTS
17.1 Payment by Concessionaire
Concessionaire shall pay before delinquency and without notice or demand, any and all taxes (including, without limitation, any gross receipts income tax or excise tax), assessments, licenses, fees, possessory interest taxes, other public charges or penalties which may be levied, imposed or assessed against any of Concessionaire's leasehold interest, upon Concessionaire's equipment, business, operation, Gross Revenue or upon Concessionaire for the privilege of conducting business within the Concession Area, or upon any other property of Concessionaire within the Airport. Any such payment made under this Section shall not reduce the amount of the Concession Fee or any other fee that is required to be paid by Concessionaire to City under the provisions of this Agreement.
17.2 Possessory Interest Subject to Taxation
Concessionaire recognizes and understands that this Agreement is not intended to, but may create a real property possessory interest in the Concession Area, and that such interest may give rise to a real estate or possessory interest tax. In that event, Concessionaire agrees to pay such tax if and when it is due without any credit or offset to the Concession Fee or such other Concession Fees, rentals, or charges that are due and payable to City hereunder. City shall have no obligation to pay any possessory interest tax.
17.3 No Liens or Encumbrances
Concessionaire shall not permit or suffer any liens or encumbrances to be imposed upon the Concession Area, the Airport, or any building or structure thereon as a result of its activities without promptly discharging the same; provided, however, that Concessionaire Item 3A - Page 31
may, if it so desires, contest the legality of same following prior written notice to City. In the event of a contest, Concessionaire shall provide a bond in an amount and in a form reasonably acceptable to City immediately following request therefor by City.
17.4 Tax - Hold Harmless
Concessionaire shall protect, defend, indemnify and hold City, including the Airport, and any improvements now or hereafter in the Concession Area, free and harmless from any liability, loss, or damage resulting from any taxes, assessments or other charges required by this Agreement to be paid by Concessionaire and from all interests, penalties and other sums imposed thereon and from any proceedings to enforce collection of any such taxes, assessments or other charges.
17.5 Payment by City
If Concessionaire fails to pay any tax or charge required by this Section to be paid by Concessionaire, City may, but is not obligated to, on 30 days prior written notice to Concessionaire, pay, discharge or adjust such tax or charge for Concessionaire's benefit.
In such event, Concessionaire, on receipt of written demand of City, shall reimburse City promptly for the full amount paid by City in paying, discharging, or adjusting such tax or charge together with interest thereon from its due date at the maximum interest rate then allowed by law until paid, plus pay any penalties.
17.6 Contest of Tax or Charge
17.6.1 Notice of Contest
In the event that Concessionaire desires, in good faith, to contest or review by appropriate legal or administrative proceedings any tax or charge specified hereunder, Concessionaire, at least ten days prior to the delinquency of any such tax or charge or within the applicable period of time allowed by law, shall give City written notice of its intention to contest such tax or charge.
17.6.2 Procedure for Contest
Concessionaire may withhold payment of the tax or charge being contested if, but only if, nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty. The contest shall be prosecuted to completion (whether or not this Agreement has expired or terminated) without delay at Concessionaire's sole cost and expense.
17.6.3 Payment upon Final Determination
Within the applicable period of time allowed by law after the final determination of the amount of tax due, Concessionaire shall pay the amount determined to be due, together with all costs, expenses and interest (whether or not this Agreement has then expired or terminated).
17.6.4 Failure to Pay Constitutes Event of Default
The failure to pay any tax or charge hereunder shall constitute an Event of Default, and the obligation to pay the same shall survive the termination of this Agreement.
SECTION 18 ASSIGNMENT
18.1 No Encumbrance
Concessionaire shall not mortgage, pledge, encumber, or otherwise hypothecate this Agreement, the Concession Operations or any interest of Concessionaire therein, voluntarily or involuntarily, or by operation of law.
18.2 Prohibition on Assignments, Transfers or Sublease
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18.2.1 Concessionaire shall not assign, sublease, transfer or convey the rights of Concessionaire under this Agreement, the Concession Improvements, Concessionaire's Furnishings, Trade Fixtures and Equipment or the Concession Operations without the prior written consent of City, which City will not unreasonably withhold.
18.2.2 A transfer within the meaning of this SECTION 18 shall include, but is not limited to, the following: the incorporation of an individual Concessionaire and the transfer of Concessionaire's rights hereunder to the corporation which is not wholly owned by Concessionaire; in the event that Concessionaire is a partnership, incorporation of Concessionaire and transfer of Concessionaire's rights hereunder to the corporation, or the withdrawal or addition of any partner to Concessionaire's partnership; in the event that Concessionaire consists of co-Concessionaires, the incorporation of Concessionaire and transfer of its rights hereunder to the corporation, or the voluntary or involuntary transfer by any one or more co-Concessionaires of his, her or its rights hereunder to his, her or its co-Concessionaire or to a third person; in the event that Concessionaire is a corporation, the change in the ownership of 50% or more of the capital stock of Concessionaire; and, in the event that Concessionaire is an unincorporated association, the incorporation of Concessionaire and the transfer of its rights hereunder to the corporation, or the change in 50% or more of the membership of the association.
18.2.3 The City may deny an assignment, transfer, and/ or sublease on the following grounds: (i) the proposed transferee’s intended use of the Concession Area is not for an aviation-related purpose or will materially and adversely affect the City’s interests at the Airport; (ii) the proposed transferee’s financial condition is or may be inadequate to support its obligations under this Agreement ; (iii) the proposed transferee has failed to meet any legal or contractual obligations to the City or is adverse to the City in any pending litigation; (iv) The proposed transferee does not have at least three years of continuous experience within the last five years in the ownership, management, or operation of similar concessions concepts; (v) by providing consent, the City would limit the ability to provide a competitive environment amongst the food and beverage concessionaires at the Airport, or (vi) upon further investigation by the City, the proposed transferee cannot meet the performance standards as outlined in EXHIBIT C , or the rest of this Agreement, to the satisfaction of the City. However, under no circumstances shall the City’s right to consent to an assignment, transfer, and/or sublease shall be limited to the grounds as specified in this SUBSECTION.
18.2.4 In addition, City's consent to any proposed transfer under this Agreement may be conditioned upon, among other things, the express written assumption by the proposed transferee of Concessionaire's obligations under this Agreement and/or performance of required or necessary repairs or maintenance to the Concession Area.
18.2.5 City may require payment by Concessionaire of any processing fee established by City pursuant to a resolution or ordinance for reviewing the proposed transfer and for preparing any documents in connection therewith. Concessionaire's failure to provide City with full, complete and necessary information, or to pay the processing fee, shall be sufficient cause for City to deny consent to, or to refuse to review, the proposed transfer.
18.2.6 The consent of City to any transfer described in this SECTION 18 shall not relieve Concessionaire of its obligation to obtain the further consent of City for any subsequent transfer. Any attempt to transfer without the consent of City shall be void, and shall constitute an Event of Default under this Agreement.
SECTION 19 GRANT AGREEMENT COVENANTS
19.1 Concessionaire acknowledges that City is subject to Federal Grant Agreement obligations as a condition precedent to the grant and receipt of federal funds for improvements to the Airport, and, accordingly, Concessionaire, for and on behalf of its Item 3A - Page 33
representatives, successors and assigns, as part of the consideration hereof, covenants and agrees to be bound by the following covenants provided by the Federal Aviation Administration, as they may apply to Concessionaire. A comprehensive list of Federal Aviation Administration covenants are attached hereto as Exhibit I, and incorporate herein by this reference.
19.2 Concessionaire for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on any areas occupied or utilized by Concessionaire and described in this Agreement for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, Concessionaire shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations (CFR), DOT, Subtitle A, Office of the Secretary, Part 21 Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. These requirements are further described in SECTIONS 31, 32, and 33 of this Agreement.
19.3 Concessionaire for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the facilities; (2) that in the construction of any improvements on, over, or under any areas occupied by Concessionaire and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that Concessionaire shall use any areas occupied by Concessionaire in compliance with applicable law related to nondiscrimination.
19.4 That in the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement and to reenter and repossess any areas occupied or utilized by Concessionaire and the facilities thereon, and hold the same as if said Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.
19.5 Concessionaire shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided that Concessionaire may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
19.6 Without limiting the generality of any other terms or provisions of this Agreement, non-compliance with SUBSECTION 19.5, above, shall constitute a material breach thereof, and in the event of such non-compliance, City shall have the right to terminate this Agreement without liability therefor or, at the discretion of the City or the United States, either or both the Governments shall have the right to judicially enforce SUBSECTIONS
19.2, 19.3, 19.4 and 19.5 above.
19.7 Concessionaire agrees that it shall insert the above five provisions of this Section in any agreement by which Concessionaire grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public in the Concession Area herein authorized.
19.8 Concessionaire assures that it will comply with pertinent statutes, executive orders and such rules as are promulgated to assure that no person shall, on the grounds Item 3A - Page 34
of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from federal assistance. This SUBSECTION
19.8 obligates Concessionaire or its transferee for the period during which federal assistance is extended to the Airport, except where federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, this SUBSECTION 19.8 obligates Concessionaire or any transferee for the longer of the following periods: (a) the period during which the property is used by City or any transferee for a purpose for which federal assistance is extended, or for any purpose involving the provision of similar services or benefits; or (b) the period during which City or any transferee retains ownership or possession of the property. In the case of contractors, this SUBSECTION 19.8 binds the contractors from the solicitation period through the completion of the contract.
19.9 City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of Concessionaire, and without interference or hindrance.
19.10 City reserves the right, but shall not be obligated to Concessionaire, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Concessionaire in this regard.
19.11 This Agreement shall be subordinate to the provisions and requirements of any existing or future grant document/agreement between City and the United States, relative to the development, operation or maintenance of the Airport.
19.12 There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport. This public right of flight shall include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport.
19.13 Concessionaire agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Airport, or in the event of any planned modification or alteration of any present or future building or structure situated at the Airport.
19.14 Concessionaire, by accepting this Agreement expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on any areas occupied or utilized by Concessionaire to a height above the mean sea level that would exceed FAR Part 77 standards or elevations affecting the Airport navigable airspace. In the event the aforesaid covenants are breached, City reserves the right to enter upon any area utilized by Concessionaire and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Concessionaire.
19.15 Concessionaire, by accepting this Agreement, agrees for itself, its successors and assigns that it will not make use of the Airport in any manner which might interfere with the landing and taking off of aircraft from the Palm Springs International Airport or otherwise constitute a hazard. In the event this covenant is breached, City reserves the right to enter upon any areas used or occupied by Concessionaire and cause the abatement of such interference at the expense of Concessionaire.
19.16 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. Section 1349[a]).
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19.17 This Agreement and its provisions shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of Airport or the exclusive or non-exclusive use of Airport by the United States during the time of war or national emergency.
SECTION 20 MODIFICATIONS FOR GRANTING FAA FUNDS
In the event that the Federal Aviation Administration requires, as a condition precedent to granting of funds for the improvement of the Airport, modifications or changes to this Agreement, Concessionaire agrees to consent in writing upon the request of City to such amendments, modifications, revisions, supplements or deletions of any of the terms, conditions or requirements of this Agreement as may be reasonably required to enable City to obtain FAA funds, provided that in no event shall such changes materially impair the rights of Concessionaire hereunder. A failure by Concessionaire to so consent shall constitute a breach of this Agreement.
20.1 NonDiscrimination
(1) This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23.
(2) The Concessionaire agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements.
20.2 ACDBE Goal
An ACDBE Goal of 6.9% has been set for this concession. Concessionaire shall make a good faith effort to meet the goal throughout the term of the Agreement. Failure to make a good faith effort to meet the goal throughout the term of the Agreement may be considered a material breach of the Agreement and may result in the Concessionaire’s default of this Agreement as outlined in SECTION 23 of this Agreement.
20.3 NonDiscrimination
(1) This Ais subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23.
(2) The Concessionaire agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements.
20.4 ACDBE Participants
(1) Concessionaire shall utilize the specific ACDBEs listed to perform the work for which each is listed under the agreement structure listed unless Concessionaire obtains written consent from the City to terminate, replace, or change the scope of work of a listed ACDBE.
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(2) Failure to obtain the City’s express written approval before terminating or substituting a listed ACDBE is a material breach of the Agreement and may result in the Concessionaire’s default of this Agreement as outlined in SECTION 23 of this Agreement.
20.5 ACDBE Participation Reporting Requirement
Concessionaire shall quarterly report on the level of Airport Concession Disadvantaged Business Enterprise (“ACDBE”) Program participation in the Concession as required pursuant to the City’s ACDBE requirements.
SECTION 21 PROHIBITION ON GIFTS
21.1 Concessionaire is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in Section 7.10.020 of the Palm Springs Municipal Code. Concessionaire agrees not to offer any City officer or designated employee any gift prohibited by said Chapter.
21.3 The offer or giving of any gift prohibited by Palm Springs Municipal Code Section
7.10.020 shall constitute a material breach of this Agreement by Concessionaire. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for breach as provided in SECTION 24 of this Agreement.
SECTION 22 ALTERATIONS AND IMPROVEMENTS
22.1 Concessionaire’s Improvements
22.1.1 Concessionaire agrees to install the Concession Improvements and Concessionaire's Furnishings, Trade Fixtures and Equipment at its sole cost and expense without any reimbursement from City in accordance with the provisions of the Agreement and EXHIBIT H.
22.1.2 Concessionaire shall be solely responsible for the proper installation of the Concession Improvements and Concessionaire's Furnishings, Trade Fixtures and Equipment, and shall be liable for any damage or loss to any portion of the Terminal which results from the installation or use of the Concession Improvements or any work related thereto.
22.1.3 Concessionaire shall serve as the project manager and will provide the management, administration and coordination of all design and construction associated with the maintenance, repair and/or subleasing of the Concession Area. This will include, without limitation, all fixed improvements and/or refurbishments to be constructed in the Concession Area, whether initial construction and alterations associated with any expansion, redevelopment or refurbishment of the Concession Area or future construction and alterations, and including cleaning and maintenance of external design elements installed as directed by City.
22.1.4 Concessionaire shall be responsible for the supervision and coordination, subject to the prior written approval of the City, of the design of all Concession Improvements, including, without limitation, the design of storefronts and the specifications of equipment.
Concessionaire shall ensure that all required permits are obtained prior to the commencement of any work or proposed modifications to the Concession Areas.
22.1.5 In accordance with Concessionaire’s Authorized Activities, Concessionaire shall design, coordinate and build-out the interior finishes of the concession spaces, common area seating, tables, fixtures, flooring, finishes, signage, as well as demising partitions and back-of-house facilities such as shared employee bathrooms, tray wash areas or temporary trash storage. Concessionaire also will provide the necessary back-of-house common use equipment.
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22.1.6 Concessionaire shall ensure that all Concession Areas, including Subconcessionaire Concession Areas, are open and operating on the specific Concession Area opening date(s) as stated on EXHIBIT H . Day-to-day construction delays shall result in liquidated damages assessed in the amount of $850 for Food and Beverage spaces and $500 for Retail spaces per day, per location until the Concession Location is open and operating.
22.1.7 Concessionaire shall comply with the construction and modification requirements located in the current Tenant Manager Reference Guide as further described in EXHIBIT C.
22.2 Schedule
22.2.1 No later than 30 days after the Effective Date, Concessionaire shall deliver to City an overall construction program for the Concession Improvements, including a time schedule for the same, which shall be subject to approval by the Airport Director. Such schedule shall, at a minimum, include the following milestones for each Concession Area site: (1) phased construction time plan, which provides for continuous service at the Airport; (2) submission of plans and specifications to City; (3) approval of plans by all required authorities; (4) contractor’s bid; (5) construction; and (6) completion date.
22.2.2 Concessionaire, along with Concessionaire’s architect/engineer, and others as necessary, shall attend weekly meetings with City representatives for the purposes of reviewing plans and designs.
22.3 Approval of Plans and Specifications
22.3.1 Concessionaire shall prepare all plans as required under this Agreement. These plans are subject to prior written approval by the City.
22.3.2 Concessionaire shall be required to follow the City standards for Concession Improvements Design Criteria for all alterations or improvements. Submittals must meet all requirements before the Airport Director issues a written approval.
22.3.3 Concessionaire shall not construct any Concession Improvements or make any subsequent alterations or additions to the Concession Improvements, without the prior written approval of the Airport Director. The Airport Director’s approval shall be in the form of a Notice to Proceed (“NTP”). Full and complete plans and specifications for all work, facilities and Concession Improvements, and the time required to complete same, shall be submitted to, and must receive the written approval of Airport Director before work or construction is commenced. First-class standards of design and construction will be required in connection with all such work, facilities and improvements. All construction must conform to the plans and specifications as approved by Airport Director and the established architectural design scheme for the Airport.
22.3.4 Concessionaire may enter the Concession Locations to conduct pre-construction planning and preparation work that does not interfere with the operations of the then current concessionaires with prior approval and coordination with the Airport.
Concessionaire must be escorted by proper Airport security or by designated Airport personnel upon the Airport Director’s prior approval as may be required.
22.3.5 Original CADD files, eight hard copies and one soft copy in PDF format of plans for all improvements or subsequent changes or alterations shall be given to Airport Director for review prior to commencement of construction. Submittals must meet all requirements before the Airport Director issues a written approval. Airport Director, after giving his final approval, shall return to Concessionaire one approved copy for its records.
22.3.6 Upon completion of all work, Concessionaire shall provide to Airport Director accurate drawings that reflect the “as-built” conditions. Final submittal shall include the Item 3A - Page 38
original CADD files, two hard copies and one soft copy in PDF format of plans. All final submittals must meet all Airport requirements. Concessionaire agrees that, upon the request of Airport Director, Concessionaire will inspect the Concession Area jointly with Airport Director to verify the “as-built” drawings. Concessionaire further agrees that all discrepancies will be corrected and Concessionaire shall resubmit the entire final submittal.
22.4 Minimum Capital Investment Expenditure
22.4.1 Concessionaire shall invest a minimum of $450.00 per square foot (“PSF”) in the development of the Concession Area. The per square foot minimum capital investment rate was calculated based on EXHIBIT H.
22.4.2 Included in Concessionaire’s Capital Investment Expenditure, are all costs to fully renovate and fit-out all Concession Areas, including any City-required demising walls between Concession Locations.
22.4.3 There is no maximum limit to the level of investment permitted of the Concessionaire. The City shall not be responsible for any investments above and beyond the stated value herein, and shall not compensate Concessionaire for any expenditure above the stated Minimum Capital Investment Expenditure.
22.4.4 The Minimum Capital Investment Expenditure shall be expended on the Concession Improvements constructed by Concessionaire. If the stated minimum is not expended, Concessionaire shall pay to City an amount equal to the difference, if any, between the Minimum Capital Investment Expenditure and its actual investment within 90 days after opening of the Location for which the expenditure was required.
22.4.5 Within 90 days after opening of each location, the Concessionaire shall submit documentation for verification by the City, of the Minimum Capital Investment Expenditure as follows: (a) the Concessionaire has obtained all necessary written approvals for its construction, (b) the Concessionaire has reported each improvement and its costs, (c) architectural and design fees do not exceed ten percent of the costs of the improvement, (d) all said costs are properly supported and made available for audit. All said costs must be direct costs paid by Concessionaire to independent contractors and suppliers for work actually performed on said Concession Area, materials furnished or professional services rendered. Costs associated with Concessionaire’s employees shall not be included in the calculation of these costs and (e) Concessionaire shall, at its expense provide City with ‘as-built’ drawings and paid invoices, showing material and labor costs involved in the construction of the approved structural improvement within 90 days of the date that the improvement was placed in service.
22.5 Midterm Refurbishment Expenditure
22.5.1 For Concessionaires proposing refurbishments, this SUBSECTION will include a description of these refurbishments and a timeline for completion.
Midterm refurbishments will be as outlined in Attachment H Concessionaires Proposal.
22.5.2 The Refurbishment shall be conducted while Concession Locations are open for business, unless otherwise approved at the sole discretion of the Airport Director.
22.5.3 The required expenditure by Concessionaire for the Refurbishment (the “Minimum Refurbishment Expenditure”) shall be no less than ten percent (10%) of the actual Capital Improvement Expenditure expended on the Concession Improvements constructed by Concessionaire as verified by the City as stated in SUBSECTION 22.4.5.
22.5.4 The Minimum Refurbishment Expenditure, shall exclude any amount determined by the Airport Director to have been or be spent by Concessionaire in order to maintain the Concession Area and Common Area in Like New condition during the Term of this Item 3A - Page 39
Agreement including but not limited to, routine and deferred repair and/or maintenance of the Concession Area, the repair and/or replacement of the Pollution Control Unit(s) and the ACORN Vac plumbing and drainage system.
22.5.5 Concessionaire shall pay to the City an amount equal to the difference, if any, between the required Minimum Refurbishment Expenditure and Concessionaire’s actual investment within 60 days of completion of the Refurbishment.
22.5.6 The Minimum Refurbishment Expenditure shall be depreciated by Concessionaire on a straight-line basis, with no residual value, starting from the date that Concessionaire completes the Refurbishment through the end of the initial contract term.
22.5.7 Within 90 days after completion of any Refurbishment at any Concession Location, the Concessionaire shall submit documentation for verification by the City of the Refurbishment Expenditure as follows: (a) the Concessionaire has obtained all necessary written approvals for its construction, (b) the Concessionaire has reported each improvement and its costs, (c) architectural and design fees do not exceed ten percent (10%) of the costs of the improvement, (d) all said costs are properly supported and made available for audit. All said costs must be direct costs paid by Concessionaire to independent contractors and suppliers for work actually performed on said Concession Area, materials furnished or professional services rendered. Costs associated with Concessionaire’s employees shall not be included in the calculation of these costs and (e) Concessionaire shall, at its expense provide City with ‘as-built’ drawings and paid invoices, showing material and labor costs involved in the construction of the approved structural improvement within 90 days of the date that the improvement was placed in service.
22.5.8 Nine months prior to the Refurbishment Period Concessionaire shall provide the City with its proposed development and construction plan, as well as a project budget with respect to the applicable refurbishment. All such refurbishments shall be completed no later than the dates stated above in SUBSECTION 22.5.1. Day-to-day construction delays shall result in liquidated damages assessed in the amount of $1,000 per day, per location until the Concession Location has completed the Refurbishment.
22.6 Allowable Improvement Costs
The following Concession Improvement Costs (collectively referred to as “Concessionaire’s Allowable Improvement Costs”) may be counted toward Concessionaire’s Minimum Capital Improvement Expenditures, and the Minimum Refurbishment Expenditure.
22.6.1 Costs incurred by Concessionaire for: improvements; furnishings; fixtures (both removable and non-removable); interior walls and doors; plumbing, electrical and mechanical improvements; lighting; wall finishes; ceiling finishes; flooring; removable and non-removable counters; and removable and non-removable equipment that is necessary to the operation of the Concession Area and Common Areas.
22.6.2 Design and engineering costs not to exceed ten percent (10%) of the total approved cost of Concessionaire’s Improvements as defined above.
22.6.3 Construction management fee, which shall not exceed five percent (5%) of the total approved cost of Concessionaire’s Improvements as defined above.
22.6.4 City’s Planning, Building and Code Enforcement Department fees (as outlined in SUBSECTION 22.9.2).
22.6.5 Costs and expenses which are payable by Concessionaire for City engineering and inspection fees (“E&I Fees “).
22.6.6 Directly contracted construction costs.
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22.7 Unallowable Improvement Costs
The following capital improvement costs shall not be counted as part of Concessionaire’s Minimum Concession Improvement Expenditure:
22.7.1 Concessionaire’s costs for internal design, review, management and oversight of Concession Area construction.
22.7.2 Concessionaire’s licensing or franchising costs.
22.7.3 Routine or deferred maintenance or repairs including but not limited to the repair and/or replacement of equipment, Pollution Control Unit(s) and the ACORN Vac plumbing and drainage system.
22.7.4 Personal property, inventory, and/or expendables, (i.e., expenditures or expenses associated with the sales or marketing of the project or food and beverage location, including, but not limited to, brochures, business cards or other collateral materials).
22.7.5 Any other future renovation and remodeling of Concession Improvements which Concessionaire, at its option, elects to make during the Term.
22.8 City's Rights
22.8.1 City shall have the right to renovate or remodel any portion of the Airport Terminal which is contiguous with the perimeter of the Concession Area. The provisions of SUBSECTION 4.8 shall govern any relocation of Concessionaire’s operation due to City’s renovation or remodeling of the Terminal. If possible, City shall exercise such right with a minimum amount of inconvenience to Concessionaire, and Concessionaire shall not be entitled to any payment or credit from City if City exercised such right in accordance with this SUBSECTION.
22.8.2 If Concessionaire is required to temporarily cease operations in any Concession Location pursuant to the provisions of SUBSECTION 4.8 to enable City to perform and complete the intended renovation or remodeling, City agrees to pay for or reimburse Concessionaire for any reasonable costs incurred by Concessionaire in accordance with the provisions of SUBSECTION 4.8. Such right of reimbursement shall not exist in the event that Concessionaire initiated the relocation of its Concession Operations.
22.9 Contracting Requirements and Approvals
22.9.1 All Concession Improvements, Concessionaire’s Furnishings, Trade Fixtures and Equipment, including the plans and specifications therefor, constructed or installed by Concessionaire, its agents or contractors shall conform in all respects to the most current and applicable statutes, ordinances, building codes and rules and regulations adopted by the City of Palm Springs.
22.9.2 Concessionaire shall obtain at its sole cost and expense all governmental reviews and approvals (including any approvals of the Airport Director or any other City official), licenses and permits which are, or may be, required and are necessary to install the Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment and to operate the Concession Operations, including, but not limited to, all plans and specification approvals, site development reviews, development permits and building permits. The costs and expenses which are payable by Concessionaire to secure these reviews and approvals may include City Planning, Building and Code Enforcement Department fees. Concessionaire shall comply with all conditions, restrictions or contingencies imposed upon, or attached to, the governmental approvals, licenses and permits described herein.
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22.9.3 If required by law, Concessionaire shall require each contractor or subcontractor to pay Prevailing Wages for Concession Improvement construction work in compliance with SECTION 5 of this Agreement.
22.9.4 Prior to contracting with a third party for the construction of the Concession Improvements, Concessionaire shall notify the Airport Director and provide a detailed scope of work to be performed. The Airport Director will issue a Classification Determination for the work to be performed.
22.9.5 All work shall be performed only by competent contractors who have proven, to the satisfaction of the Airport Director, as: (1) having satisfactory experience in construction at an airport, or more specifically at the Airport, of a construction project equal to or greater than the construction project contemplated by this Agreement; and (2) being duly licensed under the laws of the State of California. If the contractor has done previous work at the Airport, and in the Airport Director’s sole discretion, determines that the contractor has not completed that work to the Airport Directors satisfaction, the Airport Director may have the right to request that the Concessionaire select a new contractor. All such work shall be performed pursuant to written contracts with such contractors.
22.9.6 The Airport Director's approval shall not be deemed to include the approval of any other City department or governmental or public entity which Concessionaire may be required to obtain.
22.9.7 Any Concession Area located on the secure side (sterile area) of the any terminal, Concessionaire shall, at Concessionaire’s sole cost and expense, provide an Airport-approved Security Guard at the construction site during construction or secure the Concession Area by any other means as required and approved by the Airport.
22.10 Removal
22.10.1 During the Term, Concessionaire shall not remove the Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment, in whole or in part, without the Airport Director's prior written consent. The Airport Director may exercise his absolute discretion and condition such consent upon the obligation of Concessionaire to replace the same with other improvements or equipment specified in such consent.
22.10.2 Upon installation, the City shall have title to the Concession Improvements, provided that City shall have the right, in the Airport Director’s sole discretion, to require Concessionaire to remove any or all Concession Improvements upon termination or expiration of this Agreement. The Concessionaire’s Furnishings, Trade Fixtures and Equipment shall remain the property of Concessionaire and shall be removed from the Airport upon termination or expiration of this Agreement unless Concessionaire obtains Airport Director’s written consent to leave Concessionaire’s Furnishings, Trade Fixtures, Equipment and any and all wiring installed by Concessionaire within the premises, the building risers, or plenums, at the Airport. Concessionaire shall ascertain from the Airport Director, at least eight (8) months prior to the Expiration Date, or as soon as possible if this Agreement is terminated earlier, whether City will require Concessionaire to remove any Concession Improvements or, if Concessionaire desires to leave Concessionaire’s Furnishings, Trade Fixtures and Equipment at the Airport, whether the City will accept such Concessionaire’s Furnishings, Trade Fixtures and Equipment. If the Airport Director determines that any or all Concession Improvements shall be removed, Concessionaire shall, by no later than six (6) months prior to the Expiration Date, or as soon as possible if this Agreement is terminated earlier, provide a demolition plan to the Airport Director, which plan shall include a timeline for completion and total estimated costs of demolition of the Concession Improvements.
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22.10.3 Any Concession Improvements or Concessionaire’s Furnishings, Trade Fixtures and Equipment left by Concessionaire at the Airport shall be free and clear of any liens, and Concessionaire shall execute documents conveying title to City, at City’s request.
22.10.4 Removal of Concession Improvements and Concessionaire’s Furnishings, Trade Fixtures and Equipment shall be at Concessionaire's sole cost and expense. In the event of an early termination of this Agreement by City for cause, the Airport Director shall give notice of removal of Concession Improvements, if removal is required by City. Removal shall occur within 30 days following Concessionaire's receipt of such notice, but in no event later than the Expiration Date or the date of earlier termination of this Agreement.
22.10.5 In the event Concessionaire fails to remove, or expresses an intention not to remove, any Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment required by the Airport Director to be removed pursuant to this Section, City may enter upon the Concession Area and remove such Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment at the sole cost and expense of Concessionaire. Concessionaire agrees to promptly reimburse City for all costs and expenses of removal, plus ten percent (10%) thereof for administrative overhead, or such percentage as approved and established from time to time by the City Council. The obligation to reimburse City for such expenditures shall survive the termination of this Agreement. Any receipt showing payment by City of expenditures associated with the removal of Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment shall be prima facie evidence that the amount of such payment was necessary and reasonable and made by City on Concessionaire's behalf.
22.10.6 Concessionaire shall repair at its sole cost and expense any and all damage to the Concession Area, the Terminal or any part of the Airport occasioned by the removal of the Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment, or Concessionaire's Property from the Concession Area or any other area of the Airport, and shall leave all of the remaining improvements in good and clean condition and repair, ordinary wear and tear excepted, and shall appropriately “cap off” all utility connections. City may also require Concessionaire to remove any and all special equipment and any installations that are unique to Concessionaire, and Concessionaire shall comply with such requirement.
22.11 Liens
Concessionaire shall keep the Concession Area, the Terminal and the Airport free of any liens arising out of the work performed, materials furnished or obligations incurred by Concessionaire in the performance of any construction or installation of Concession Improvements or Concessionaire’s Furnishings, Trade Fixtures and Equipment.
Concessionaire shall notify City at least ten (10) days prior to the commencement of any work to be performed or materials to be furnished on the Concession Area which could give rise to any such lien. City shall have the right to post and keep on the Concession Area any notices that may be required by law or which City may deem proper for the protection of City, the Terminal or the Concession Area from such liens.
22.12 Payment and Performance Bonds
Prior to the commencement of any construction, betterment, improvement, alteration, addition, repair, demolition or reconstruction of the Concession Improvements or the Concession Area by Concessionaire or its contractor(s), Concessionaire or its contractor(s) shall furnish to City, and without expense to City, a payment and performance bond pursuant to California Civil Code Sections 3247, 3248 et. seq. Such bond shall name Concessionaire or Concessionaire's contractor(s) as principals and the City as oblige. Each of the bonds shall be equal to one hundred percent (100%) of the Item 3A - Page 43
total amount of the contract or contracts for the construction, alteration, demolition or repair of the improvements and facilities. The bonds shall guarantee the prompt payment to all persons named in California Civil Code Section 3181, amounts due under the Unemployment Insurance Code and amounts required to be deducted, withheld or paid over to the Employment Development Department from the wage of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, insure completion of the Concession Improvements, and reasonable attorneys' fees. Prior to commencement of any work requiring a bond, the bond must be approved by the City Attorney and filed with the City Clerk. Immediately upon completion of any work or improvements, Concessionaire shall record in the Engineering office of the City of Palm Springs a notice of completion complying with the requirement of California Civil Code Section 3093.
SECTION 23 DEFAULT BY CONCESSIONAIRE
In addition to the other defaults specified in this Agreement, the Airport Director may determine in the Airport Director’s sole discretion that Concessionaire is in default under this Agreement after providing reasonable notice and opportunity to cure to Concessionaire, if:
23.1 Concessionaire fails duly and punctually to pay the Concession Fee, or to make any other payment required hereunder, when due to City; or
23.2 Concessionaire fails to maintain any insurance required under SECTION 8 ; or
23.3 A court makes or enters any decree or order: (i) adjudging Concessionaire to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Concessionaire under the bankruptcy laws or any other applicable debtor’s relief law or statute of the United States or any state thereof; (iii) appointing a receiver, trustee or assignee of Concessionaire in bankruptcy or insolvency or for its property; (iv) directing the winding up or liquidation of Concessionaire and such decree or order has continued for a period of thirty (30) days; or (v) Concessionaire voluntarily submits to or filed a petition seeking any such decree or order; or
23.4 A petition under any part of the Federal Bankruptcy Laws, or an action under any present or future insolvency law or statute, is filed against Concessionaire and is not or shall not be dismissed within thirty (30) days after the filing thereof; or
23.5 Concessionaire assigns or otherwise transfers its interest in this Agreement in violation of the provisions contained in this Agreement whether voluntarily or by operation of law; or
23.6 Concessionaire makes a general assignment of its assets for the benefit of its creditors; or
23.7 The sequestration or attachment of, or execution or other levy on, Concessionaire’s interest in this Agreement or the Concessionaire's Furnishings, Trade Fixtures and Equipment or any improvements located thereon occurs and Concessionaire fails to obtain a return or release of such property within thirty (30) days thereafter, or prior to sale pursuant to such levy, whichever first occurs; or
23.8 Concessionaire fails to install the Concessionaire’s Furnishings, Trade Fixtures and Equipment and Concession Improvements in compliance with the Schedule as provided in SUBSECTION 22.2 above; or
23.9 The Concession Operations are repeatedly unavailable for use by the public, as more specifically provided in SECTION 4 Insurance; or
23.10 Concessionaire fails to keep, perform and observe the Airport Operation Guidelines as provided in Exhibit C; or
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23.11 Concessionaire fails to keep, perform and observe the Pricing Program as provided in EXHIBIT G;
23.12 Concessionaire breaches any same Performance Standard Breaches more than four (4) times within one (1) calendar year; or
23.13 Concessionaire fails to keep, perform and observe each and every other promise, covenant and agreement set forth in this Agreement, and such failure continues for a period of more than ten (10) days after delivery by Airport Director of a written notice of such breach or default, except where fulfillment of its obligation requires activity over a period of time, in excess of ten (10) days, and Concessionaire commences in good faith to perform whatever may be required for fulfillment within ten (10) days after receipt of notice and continues such performance without interruption, except for causes beyond its control.
23.14 Any representation or warranty made by Concessionaire hereunder is false or misleading in any material respect as of the date on which such representation or warranty is made; or
23.15 The occurrence of any act or omission on the part of Concessionaire which operates to suspend, revoke or terminate any certificate, permit, franchise, approval, authorization or power necessary for Concessionaire to lawfully conduct the Operations which Concessionaire is required or permitted to conduct on the Concession Area or on the Airport; or
23.16 Any lien is filed against the Concession Area and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment because of any act or omission of Concessionaire, and is not discharged or contested by Concessionaire in good faith by proper legal proceedings within twenty (20) calendar days after receipt of notice thereof.
SECTION 24 CITY'S REMEDIES
24.1 Termination
Upon any default and after providing written notice and a reasonable opportunity for Concessionaire to cure such default, City shall have the right at City's discretion to terminate this Agreement by giving Concessionaire written notice of termination in which event this Agreement shall terminate on the date set forth for termination in such notice.
Any termination under this paragraph shall not relieve Concessionaire from the payment of any sums then due to City or from any claim for damages or fees previously accrued or then accruing against Concessionaire. In no event shall City have any obligation to Concessionaire, financial or otherwise, as a result of the termination of this Agreement following a default.
24.2 Damages
In the event City elects to terminate this Agreement, Concessionaire shall pay to City all amounts owing at the time of termination on account of Concessionaire's breach of any term, covenant or condition of this Agreement including, but not limited to, unpaid fees plus interest thereon on all such amounts from the date due until paid at the rate of one and one half percent (1 ½ %) per month; and any other amount to compensate City fully for all detriment proximately caused by Concessionaire's failure to perform its obligations hereunder or which in the ordinary course would likely result therefrom.
24.3 Liquidated Damages
Concessionaire understands and agrees that one of the City’s primary goals in granting the concession is to ensure that customer service provided to the traveling public using the concession services at the Airport is of the highest caliber and is consistent with the image that the City and the Airport want to project to its users and visitors. Concessionaire further agrees that City will suffer damage if Concessionaire fails to meet these standards Item 3A - Page 45
and that, due to the nature of certain breaches, the actual damage to the City would be impractical or very difficult to determine. These Standards have been defined in , EXHIBIT G and throughout the Agreement. The City may, throughout the term of the agreement, amend the performance standards with prior written notice. The City shall provide Concessionaire with the amended performance standards and written notice of the effective date of any such amended performance standards prior to the Effective Date.
CONCESSIONAIRE AND CITY ACKNOWLEDGE THAT CITY’S ACTUAL DAMAGES IN
THE EVENT OF A BREACH OF SUCH PERFORMANCE STANDARDS WOULD BE IMPRACTICAL OR VERY DIFFICULT TO DETERMINE. CONCESSIONAIRE AND CITY
AGREE THAT THE AMOUNTS SET FORTH IN , EXHIBIT G AND THROUGHOUT THE
AGREEMENT, SHALL BE PAID TO CITY AS LIQUIDATED DAMAGES IF
CONCESSIONAIRE BREACHES THE PERFORMANCE STANDARDS SPECIFIED IN EXHIBIT C, EXHIBIT G AND THROUGHOUT THE AGREEMENT. THEREFORE, BY
PLACING THEIR SIGNATURES BELOW, CITY AND CONCESSIONAIRE
ACKNOWLEDGE THAT THE AMOUNTS SET FORTH IN EXHIBIT G AND THROUGHOUT THE AGREEMENT HAVE BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES IN THE EVENT OF SUCH BREACH.
CITY’S ACCEPTANCE OF ANY LIQUIDATED DAMAGES AS A RESULT OF A
PERFORMANCE STANDARD BREACH SHALL NOT PREVENT CITY FROM
EXERCISING ANY OTHER RIGHT OR REMEDY FOR DEFAULT AVAILABLE TO CITY UNDER THIS AGREEMENT.
24.3.1 Performance Standards Breaches
Performance Standards are set forth in EXHIBIT C, , EXHIBIT G and throughout the Agreement. The specified breaches in EXHIBIT C, EXHIBIT G and throughout the Agreement shall be referred to as “Performance Standard Breaches.” Concessionaire agrees to pay to City the amount specified throughout EXHIBIT C, EXHIBIT G, and the Agreement.
24.3.1.1 Performance Standard Breaches may accrue immediately and without notice upon violation as follows:
a. First Performance Breach: Assessed liquidated damages at the rates stated in EXHIBIT G and throughout the Agreement.
b. Second Performance Breach: Liquidated damage amounts at the rates stated in EXHIBIT G and throughout the Agreement., shall double any time a particular performance standard is breached twice (2) within one (1) calendar year (365 days) from the first performance breach.
c. Third Performance Breach: Liquidated damage amounts at the rates stated in Guidelines EXHIBIT G and throughout the Agreement, shall triple any time a particular performance standard is breached three times within one calendar year from the first performance breach.
d. More than Three Performance Breaches: After three violations within one calendar year, the Airport Director reserves the right, at its sole discretion, not to impose additional performance breaches and instead to seek any other remedies available under the Agreement, including termination of the Agreement.
24.3.1.2 Each occurrence of a particular performance breach shall be cumulative and expire 365 days from notification of the first performance breach. Effects of such performance breach shall be applied for 365 days from date of last notification.
24.3.1.3 The continuous and uninterrupted operation of the Concession Operations is an important customer service aspect to the Airport. Concessionaire understands and agrees Item 3A - Page 46
that City will suffer damage if Concessionaire fails to maintain continuous and uninterrupted operation of the Concession Operations and that, due to the nature of any such failure, the actual damage to the City would be impractical or very difficult to remedy.
Therefore, the Concessionaire will be assessed liquidated damages in the amount of $200 per Location for each day the Concession Location is not fully available after the Commencement Date for customer use for a continuous period or periods totaling in excess of four (4) hours on that day, unless the unavailability of the Concession Location constitutes an Unavoidable Delay as described in SUBSECTION 29.6. For the purpose of calculating downtime charges, one (1) day shall be the period from 12:00 am to 11:59 pm.
Assessment of this fee shall not limit City’s remedies with respect to any other default of this Agreement. If the Concessionaire’s Furnishings, Trade Fixtures and Equipment or Concession Improvements do not function or the Concession Operations are otherwise unavailable for more than four (4) hours in any day: (a) more than two (2) times in any calendar month during the Term of this Agreement; or (b) more than ten (10) times in any calendar year during the Term of this Agreement, any such event shall be a separate Event of Default under this Agreement.
24.3.2 Procedure for Declaring Performance Standard Breaches The determination as to whether any, term, condition or provision herein, including, but not limited to, the Performance Standards as set forth in EXHIBIT C , EXHIBIT G , and contained throughout this Agreement have been met is at the reasonable discretion of the Airport Director or designee.
24.3.2.1 Upon determining the existence of a Performance Standard Breach, the Airport Director shall issue a written notice to Concessionaire of the occurrence of such breach and the City’s claim for liquidated damages.
24.3.2.2 The Performance Standard Breach shall become final ten (10) calendar days after the date the notice of Performance Standard Breach is sent to Concessionaire, unless the Airport Director receives a written statement from Concessionaire, with Concessionaire’s evidence that the breach did not occur. Airport Director shall review such evidence and determine, in his or her reasonable discretion, whether Concessionaire has demonstrated that the breach did not occur. If such written evidence is not received by the Airport Director within ten (10) calendar days of the date of the notice of Performance Standard Breach, the Airport Director’s determination shall be final and the applicable liquidated damages shall be immediately due and payable.
24.3.2.3 The Director shall review the Concessionaire’s evidence as soon as reasonably possible after timely receipt of such evidence.
24.3.2.4 The Airport Director shall render a decision sustaining or reversing the determination that a breach occurred and the claim for liquidated damages. A written notice of decision shall be delivered to the Concessionaire.
24.3.2.5 Upon expiration of the period for Concessionaire to deliver its written evidence or upon Airport Director’s determination that a breach occurred after reviewing Concessionaire’s written evidence as provided above, Concessionaire agrees to immediately pay City the liquidated damages amount. Concessionaire further agrees that the Airport Director may, deduct the amount of such liquidated damages from any deposit or performance guarantee provided by Concessionaire, without further notice to Concessionaire.
24.4 No Waiver by City
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The waiver by City of any breach of any term, condition or provision herein contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant or condition. The consent or approval by City to any act of Concessionaire requiring City's approval shall not be deemed to waive or render unnecessary the need for City's consent or approval to or of any subsequent similar act of Concessionaire. The subsequent acceptance of any fees or charges hereunder by City shall not be deemed to be a waiver of any preceding breach by Concessionaire of any term, covenant or condition of this Agreement other than the failure of Concessionaire to pay the particular fee or charge so accepted, regardless of City's knowledge of such preceding breach at the time of the accepting of such fee or charge. No waiver, consent or approval by City shall be effective unless made by a duly authorized representative of City.
24.5 City's Right to Cure
Upon any default of Concessionaire, City may, at City's discretion, after first giving Concessionaire written notice, cure any default in the payment of money or performance of any act required under this Agreement, but without any obligation of City to make such payment or perform such act and without waiving any rights of City or relieving Concessionaire from any obligation under this Agreement. All amounts incurred by City, plus ten percent (10%) thereof for administrative overhead as such percentage is approved, established or modified from time to time by the City Council, and all penalties, interest, and costs in connection therewith shall be due and payable by Concessionaire to City on demand together with interest thereon at the rate of one and one half percent (1 1/2 %) per month from the date paid by City, plus any collection costs. The receipt for any payment by City on behalf of Concessionaire shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Concessionaire.
SECTION 25 ACCEPTANCE OF CONCESSION AREA
25.1 Concessionaire has carefully examined the Concession Area and is satisfied with the current condition, subject to any improvements to be constructed by Concessionaire in accordance with SECTION 22. Concessionaire acknowledges that no representation or warranty has been made by City concerning the nature, quality or suitability for Concessionaire's business of the Concession Area or the Airport, or the existence of any Hazardous Materials in, on, upon, under or about the Concession Area or the Airport, and Concessionaire acknowledges that it shall have no rights against City by reason of such matters or any claimed deficiencies therein. Concessionaire accepts the Concession Area “as is”, and as being in good, safe and sanitary condition satisfactory for Concessionaire's use.
25.2 Concessionaire acknowledges that City has made no representations or warranties with respect to the Concession Area, the Airport or this Agreement except as expressly set forth in this Agreement, and no rights, easements or licenses, implied or otherwise, are or shall be acquired by Concessionaire unless expressly set forth in this Agreement.
SECTION 26 RIGHT TO ENTER
City reserves the right to enter the Concession Area at any and all times for any purpose and the right to inspect the Concession Improvements and Concessionaire’s Furnishings, Trade Fixtures and Equipment.
SECTION 27 REPRESENTATIONS AND WARRANTIES
Concessionaire represents, warrants and covenants with respect to this Agreement and any amendment hereto as follows:
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27.1 If Concessionaire executes this Agreement as a corporation, then Concessionaire and the persons executing this Agreement on behalf of Concessionaire represent and warrant that the individuals executing this Agreement on Concessionaire's behalf are duly authorized to do so in accordance with a duly-adopted resolution of the Board of Directors of Concessionaire, a copy of which is delivered to Airport Director on execution hereof, and in accordance with the bylaws of Concessionaire, and that this Agreement is binding upon Concessionaire.
27.2 If Concessionaire is a partnership or joint venture, at least two partners or each of the joint ventures, as the case may be, shall execute this Agreement on behalf of Concessionaire.
27.3 That there are no unresolved claims or disputes between Concessionaire and City.
27.4 That Concessionaire shall furnish true and accurate financial statements, records, reports, resolutions, certifications, and other information as may be requested of Concessionaire by City from time to time during the Term of this Agreement.
27.5 That Concessionaire is in compliance with all local, state, and federal laws related to the Concession Operations.
27.6 That Concessionaire possesses the necessary experience and qualifications to conduct the Concession Operations at the Airport.
27.7 That all information provided to City in connection with award of the Concession is true and correct in all material respects.
SECTION 28 INTENTIONALLY OMITTED
SECTION 29 MISCELLANEOUS
29.1 Consent
Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
29.2 Airport Director’s Consent
The Airport Director shall act reasonably and in good faith in exercising any power to approve, disapprove or consent to any action of Concessionaire pursuant to this Agreement, and the Airport Director shall not arbitrarily or capriciously exercise any such power granted to the Director under this Agreement.
29.3 Controlling Law
Except as federal law may apply, the parties agree that this Agreement shall be governed and construed by and according to the laws of the State of California.
29.4 Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument.
29.5 Entire Agreement/Order of Precedence
This instrument contains all of the agreements and conditions entered into and made by and between the parties and may not be modified orally, or in any manner, other than by an agreement in writing signed by all the parties hereto or their respective successors-ininterest. Unless as specifically stated, if any provision of EXHIBIT H, conflicts with or is inconsistent with the provisions of this Agreement, the terms of this Agreement will govern.
Item 3A - Page 49
29.6 Force Majeure
Neither party shall be deemed to be in default on account of any Unavoidable Delay or failure to perform its obligations under this Agreement which results from an act of God, acts of superior governmental authority, a strike, a boycott, a shortage of items, or any other cause beyond the reasonable control of such party. Concessionaire shall not be entitled to any reduction in the MAG or other monetary compensation as a result of terminal evacuations ordered by the Airport or any other governmental authority.
29.7 Gender
Any reference to the masculine gender shall be deemed to include references to the feminine or neuter gender.
29.8 Headings
The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of the Agreement.
29.9 Resolutions
If requested by City, Concessionaire shall submit a copy of any corporate resolution that authorizes any director or officer to act on behalf of Concessionaire or that authorizes Concessionaire to enter into this Agreement.
29.10 Severability
If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the remaining provisions of this Agreement shall remain in effect.
29.11 Successors and Assigns
The provisions of this Agreement concerning transfer shall apply to and bind the successors and assigns of the parties hereto.
29.12 Time of Essence
Time is of the essence of this Agreement and each of its provisions.
29.13 Venue
In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Riverside or, if federal jurisdiction is appropriate, exclusively in the Eastern Division of the United States District Court of the Central District of California.
29.14 Concessionaire not an Agent of City
Concessionaire is not an agent, contractor or employee of the City and nothing in this Agreement or any action of Concessionaire shall be construed in any way to constitute Concessionaire as an agent, contractor or employee of City for any purpose.
29.15 Joint and Several
If there be more than one Concessionaire designated in or signatory to this Agreement, the obligations hereunder imposed upon Concessionaire shall be joint and several; and the term Concessionaire as used in this Agreement shall refer to each and every of said signatory parties, severally as well as jointly.
29.16 Material Considerations
Each and every term, condition, covenant and provision of this Agreement is and shall be deemed to be a material part of the consideration for City's entry into this Agreement, and any breach hereof by Concessionaire shall be deemed to be a material breach. Each term Item 3A - Page 50
and provision of this Agreement performable by Concessionaire shall be construed to be both a covenant and a condition.
29.17 Exhibits and Addenda
All exhibits and addenda referred to herein, and any exhibits or schedules which may from time to time be referred to in any duly executed amendment thereto, are by such reference incorporated herein and shall be deemed a part of this Agreement as if set forth fully herein.
29.18 No Assumption
The review, approval, inspection, examination or consent of City of or to any item to be reviewed, approved, inspected, examined or consented to by City shall not constitute the assumption of any responsibility by City for either accuracy or sufficiency of any item or the quality or suitability of such item for its intended use, but rather be for the sole purpose of protecting City's interests. Neither Concessionaire nor third parties, including persons claiming under Concessionaire, shall have any rights hereunder resulting therefrom or otherwise.
29.19 Hold Harmless
Concessionaire shall defend, indemnify and hold City harmless from and against claims for any broker's commissions, finder's fee or other commission or fee relating to the leasing of the Concession Area by anyone claiming by or through Concessionaire.
SECTION 30 NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party to the other, shall be in writing and shall be addressed as follows:
If to the City, the same shall be addressed to:
City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
and
Palm Springs International Airport
Executive Director of Aviation
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
[email protected]
Concessionaire
Attention: Robert McOwan
Address: 3755 W. Sunset Road, Suite A, Los Vegas, NV 89118 Telephone: (702) 949-8777
Item 3A - Page 51
Email: [email protected]
All notices shall be sufficiently given and served upon the other party if sent by first-class U.S. mail, postage prepaid, or by facsimile to the facsimile numbers indicated herein for either party. All termination notices shall be served in accordance with California Code of Civil Procedure Section 1162, as it may be amended or modified.
SECTION 31 GENERAL CIVIL RIGHTS PROVISIONS
The (tenant/concessionaire/lessee) agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the (tenant/concessionaire/lessee) transfers its obligation to another, the transferee is obligated in the same manner as the (tenant/concessionaire/lessor).
This provision obligates the (tenant/concessionaire/lessee) for the period during which the property is owned, used or possessed by the (tenant/concessionaire/lessee) and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
SECTION 32 TITLE VI CLAUSES FOR COMPLIANCE WITH NONDISCRIMINATION
REQUIREMENTS
During the performance of this Agreement, the Concessionaire, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Item 3A - Page 52
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
SECTION 33 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND
AUTHORITIES
During the performance of this contract, the Concessionaire, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; Item 3A - Page 53
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
SECTION 34 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Concessionaire has full responsibility to monitor compliance to the referenced statute or regulation. The Concessionaire must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
SECTION 35 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.
The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Item 3A - Page 54
SIGNATURE PAGE FOLLOWS
Item 3A - Page 55
SIGNATURE PAGE TO CONCESSIONS LEASE AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE MARSHALL RETAIL
GROUP, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
Concessionaire:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 3A - Page 56
EXHIBIT A – OVERALL CONCESSIONS AREAS
Item 3A - Page 57
ATTACHMENT A2
EXISTING & PROPOSED LOCATIONS
LEVEL 1 OVERALL PLAN
RETAIL
- FOOD & BEVERAGE
- BLANK SLATE
- STORAGE
iJ
"
Item 3A - Page 58
RETADI~ BEVERAGE
- FOO
- BLANK SLATE
- STORAGE
EXHIBIT B – CONCESSIONS AREAS
Item 3A - Page 59
RETAIL- 1
REGIONAL CONCOURSE
STORAGE
RETAIL
SUB TOTAL
Area cak:olatioos are approximate
184SF
1118 SF
1,302 SF
PSP CONCESSION EXHIBIT
CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE
Item 3A - Page 60
RETAIL 438SF
CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE
Area calculations are approximate PSP CONCESSION EXHIBIT
Item 3A - Page 61
0 0
= =
0 0
0 0
0 RETAIL
CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE
Area calculations are approximate PSP CONCESSION EXHIBIT
Item 3A - Page 62
0 0
= =
0 0
0 0
0 RETAIL
CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE
Area calculations are approximate PSP CONCESSION EXHIBIT
Item 3A - Page 63
0 0
= =
0 0
0 0
0 RETAIL
RETAIL (OUTDOOR)
SUB TOTAL 2,197 SF CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE
Area calaAatioos are approximate PSP CONCESSION EXHIBIT
Item 3A - Page 64
\
RETAIL -6
BONO CONCOURSE
FL0~ 2
" 0 I :6.~ I
.<"~ RETAIL (OUTDOOR)
f ~ MOBILE VENDING
,;;;/
RETAIL (OUTDOOR)
MOBILE VENDING
SUBTOTAL
Area calculations are approximate
0 1,959 sf
0 f
44 SF
44 SF
PSP CONCESSION EXHIBIT
()
CJ RETAIL
CJ FOOD & BEVERAGE
CJ BLANK SLATE
CJ STORAGE
Item 3A - Page 65
RETAIL -7
BONO CONCOURSE
FLOOR ,:,-&___._r !ii
r,
f;j 7 '
u~f ""t~ •
RETAIL (OUTDOOR) MOBILE VENDING 44 SF
Area calculations are approximate PSP CONCESSION EXHIBIT @
RET Al L (OUTDOOR)
MOBILE VENDING
CJ RETAIL
CJ FOOD & BEVERAGE
CJ BLANK SLATE
CJ STORAGE
EXHIBIT C– AIRPORT OPERATION GUIDELINES AND TENANT MANAGER
REFERENCE GUIDE
1. Customer Service Standards
It is the intent of the Palm Springs International Airport (“Airport”) to provide world-class aviation services to its customers that utilize the Airport. Concessionaire is responsible for upholding the Airport’s customer service standards as follows:
1.1 Concessionaire shall furnish all management, labor, and supplies necessary for the efficient and effective operation of services included in this Agreement.
1.2 Concessionaire shall be responsible to plan, develop, coordinate, manage, and operate the services in accordance with this Agreement in order to enhance customer service at the Airport.
1.3 Concessionaire shall submit, upon request by the Airport Director, its policies and procedures manual. At the request of the Airport Director, Concessionaire shall promptly address any Concessionaire policies and procedures that conflict with this Agreement.
1.4 The Airport Director will have the right to establish reasonable rules and regulations and/or operating directives, and Concessionaire agrees to comply with such rules and regulations.
1.5 Concessionaire shall furnish its employees working at the Airport with standardized uniforms subject to approval by the Airport Director. Such uniforms shall be of a color and style distinct from Airport employees and shall be representative of a world-class and/or high standard of operation. In addition to the required Airport identification badging, each employee will wear a uniform name tag identifying the employee, the service being provided and the Concessionaire’s name, and in the case of supervisors and managers, their specific job title. All of the Concessionaire’s employees must wear their uniforms at all times while performing services under this Agreement.
1.6 Concessionaire shall be fully responsible for the acts or omissions of its agents, employees, contractors, subcontractors, or their agents or employees, performing services under this Agreement.
1.7 Employees shall be instructed to park in an area designated by the Airport Director at the rates set forth by the Airport, and such employees shall be appropriately badged in accordance with governing regulations.
1.8 Employees must be in compliance with the badging and Air Operations Area (AOA) permits. More information is found here:
https://palmspringsairport.com/business/#BadgingAOA
2. Start-up
Concessionaire shall be responsible for preparing and managing an orderly and effective transition and startup of the services under this Agreement. This may include, but is not limited to, meeting with Airport staff, assisting the Airport with the physical development of the Assigned Areas, and placing or installing fixtures and equipment for Concessionaire’s operations at the Airport.
3. Safety
Item 3A - Page 66
Concessionaire shall be responsible for implementing a comprehensive Accident Prevention and Safety program to be used by staff. First aid supplies as well as fire extinguishers must be available for use as necessary. Concessionaire shall be responsible for training all employees on the use of all emergency, fire equipment, and environmental hazards and be cognizant of the locations of all such equipment and/or materials. All accidents and incidents involving employees shall be verbally reported to the Airport Control Center immediately followed by written confirmation of the same to the Airport Director, within twenty-four (24) hours of the incident.
4. Personnel Operations
The Concessionaire’s personnel includes its employees, staff, agents, contractors and representatives. The Concessionaire is solely responsible for managing its personnel to comply with both the Concessionaire’s requirements and Airport’s requirements.
4.1 Concessionaire will employ, train, schedule and assign management and supervisory personnel to sufficiently and competently perform daily management, supervision, record keeping, and customer service duties required for the efficient and effective operation of the Concessionaire at the Airport. All such persons will be selected and assigned based on the highest level of competency, honesty, and courteous service available to Concessionaire through diligent recruiting, selection, and training.
4.2 Concessionaire will employ and staff for each shift a sufficient number of personnel to handle the operations and respond to customer inquiries and the needs of the business conducted under this Agreement, especially during peak operational hours.
4.3 Concessionaire shall maintain and conduct its operations in proper business-like manner so as not to disturb or be offensive to other tenants, customer, or passengers.
4.4 All personnel employed by Concessionaire or Concessionaire’s agents, while on duty, will at all-time wear uniforms which are in a clean, neat, well-fitting condition with the logo identifying the Company name and name identification tags.
4.5 There shall be at least one employee designated as a supervisor on duty during all hours of operations.
4.6 All Concessionaire personnel shall be fully qualified and licensed under any and all federal, state, and local laws to perform Concessionaire’s allowed services, as applicable.
4.7 Concessionaire will ensure that employees under this Agreement:
A. If applicable, are bonded against theft, embezzlement, and other losses of customer personal property and/or property of the Airport; B. Are familiar with the duties and responsibilities of Concessionaire under this Agreement;
C. Are alert, attentive and responsive while on duty;
D. Do not commit any act which may bring discredit upon the Airport; E. At all times exercise prudent, mature judgment in taking whatever action is necessary to protect its customers, the travelling public, the Airport’s property, as well as to ensure normal, efficient operations; F. Maintain a valid California State Driver’s License appropriate for the types of vehicles being driven (Minimum of Class “C”), as applicable; Item 3A - Page 67
G. Obey all Rules and Regulations set forth in the Palm Springs, California Municipal Code, Title 16 – Palm Springs International Airport.
4.8 Concessionaire shall ensure that all supervisory personnel assigned to perform the services under this Agreement:
A. Are trained, experienced, and of mature judgment;
B. Have authority, responsibility, and are able to provide direction to and exercise control over employees;
C. Are available for immediate response and will respond to all calls for assistance;
D. Are known to the employees and conduct frequent inspections to ensure that all Assigned Areas are properly staffed with qualified employees and areas are kept clean.
4.9 To ensure staffing and proper ratios are adhered to, Concessionaire shall submit copies of employee work schedules for approval of the Airport Director, when requested.
4.10 All Concessionaire personnel shall present a professional, positive, pleasant, and courteous attitude. All employees will act in a courteous and helpful manner at all times with all customers and all other employees.
4.11 Employees will be considered courteous if they meet the following standards:
A. Provide a friendly and professional greeting to all customers whenever and wherever they make contact.
B. Display a positive attitude toward passengers and fellow employees.
C. Maintain a friendly and attentive demeanor and good posture at all times.
D. Remain calm when encountering an upset customer, listen carefully, and show empathy to the problem.
E. Never use foul or inappropriate language at any time in any public area.
F. Use proper and courteous language with customers, including using words such as “please,” “yes,” “hello,” “thank you” and such other similar polite words.
G. Smile and maintain appropriate eye contact and tone of voice while conversing with customers as well as fellow employees.
H. Respond to customers in areas that may not be within their specific job scope.
I. Do not gather together to chat while on duty.
J. Do not eat or smoke at their workplace in view of customers.
K. Wear nametag or appropriate identification at all times and always be identifiable as Company’s personnel.
L. Do not nap or sleep while on duty.
M. Present a well-groomed, neat, clean, and conservative professional appearance.
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N. Wear a uniform that is consistent for the type of job being performed and that is neat and clean.
O. Convey information using clearly understandable terms and provide accurate information to customers.
P. Obtain assistance to resolve customers’ questions or problems if language barriers arise.
5. Performance Standards
Concessionaire shall be responsible for ensuring that their Assigned Areas are maintained in a neat, safe, and professional manner. This shall include, but is not limited to, the following:
A. Counters are neat and clean with no graffiti.
B. Workspaces appear uncluttered.
C. Employee’s personal belongings are not visible.
D. No unauthorized postings.
E. No handwritten, unprofessional, or unauthorized signs.
F. Wastebaskets are not overflowing and floor area is clean.
G. Supplies and equipment are stored out of sight of customers when not in use.
H. All inoperable, unused, and/or abandoned equipment will be removed from the Airport.
I. Whenever electric or otherwise motorized carts or vehicles are used in connection with this Agreement, as authorized by the Airport, Concessionaire agrees to abide by rules, regulations, or other methods of control and safety as may be established by the Airport related to the use of such vehicles. Such operation will only be in areas and at such times as approved by the Airport. All carts and vehicles used by Concessionaire must be stored and maintained in a manner acceptable to the Airport.
6. Additional Requirements
Concessionaire shall provide the following services for the Airport and/or its customers under this Agreement:
6.1 Supervision and Coordination
A. Concessionaire shall require its employees to only use designated break areas during work breaks.
B. Concessionaire shall provide to the Airport all Concessionaire training and safety records upon the Airport’s request.
C. Concessionaire shall communicate and cooperate with the Airport Director, which includes the Airport’s designated representatives, as required.
D. Concessionaire shall check and verify availability and preparedness of personnel, equipment, supplies, and services required for Company to properly operate at its Assigned Areas.
Item 3A - Page 69
6.2 Customer Service
A. Concessionaire will provide evidence to the Airport that its employees have successfully completed Concessionaire’s customer service and employee training.
B. Concessionaire will respond to customer complaints received by either Concessionaire or the Airport within 24 hours from receipt of said complaints. Concessionaire will also provide the Airport with a summary detailing Concessionaire’s efforts to satisfactorily resolve customer complaints within five (5) days from receiving such complaints.
C. All customers should be courteously greeted upon entering the Assigned Areas.
D. Employees are prohibited from eating, drinking, or resting in view of the public while in the Assigned Areas.
E. Employees should refrain from using their cell phone, tablet, laptop, and/or any other personal electronic device while working in the Assigned Areas.
6.3 Store Operations
A. Assigned Areas will be open during the hours approved by the Airport, and said hours shall be posted in a visible location for the public to view.
B. Concessionaire will make every effort to keep the Assigned Areas open past the posted approved hours to accommodate passengers during delayed flight(s).
C. Assigned Areas will be clean, neat, accessible, well-lit and fully stocked at all times.
D. Assigned Areas will be properly staffed to handle peak operational times.
E. All trash will be out of public view.
F. All boxes will be disposed of immediately or be placed out of the public view.
G. All merchandise will be displayed within the Assigned Areas only.
H. During operations, the Assigned Areas will have a manager and/or supervisor present.
I. Employees will be dressed in the dress code submitted by Concessionaire and approved by Aviation. Employees observed not in the approved dress code may be asked to leave the Assigned Areas.
J. Deliveries should be stocked immediately or put out of the public view until they can be stocked.
K. Deliveries to the Assigned Areas will comply with TSA’s regulations.
L. Cameras in the Assigned Areas are permitted with approval from the Airport.
M. All employees must remain inside the Assigned Areas at all times while conducting business, and they may only greet customers and distribute samples to those customers who enter the Assigned Areas.
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6.4 Storage Areas
A. The Airport may provide Concessionaire with a designated area for storing goods and equipment (“Storage Area”). Any such Storage Area will utilize a door lock and key system that is acceptable to, and approved by, the Airport.
B. Deliveries to the Storage Area will comply with TSA’s regulations.
C. Deliveries will be put in the Storage Area immediately and not be stored in the loading dock and/or sally ports.
D. The Storage Area (cage or inline) will have a professionally made sign indicating the Concessionaire’s name and contact information.
E. The Storage Area will be free from trash, food waste, and/or any other item that may create a safety or environmental hazard.
F. Broken fixtures and/or equipment cannot be stored at the Airport.
G. Concessionaire will ensure it has enough properly badged employees to access the Storage Area.
A. Cameras in the Storage Area may be permitted with approval from Aviation.
6.5 Security and TSA Regulatory Compliance – Concession Prohibited Items A. The Concessionaire shall not sell, store or possess any items which may be classified by the Airport or the TSA as prohibited under applicable security regulations, as may be modified from time to time.
6.6 Hours of Operation
A. Concessionaire will carry on its business diligently and continuously in the Concessionaire Assigned Area and will keep the Assigned Area open for business seven days per week, commencing not less than 30 minutes prior to the first scheduled flight and ending not less than 30 minutes after the last scheduled flight, except as otherwise approved in writing by the Airport Director.
B. The Airport Director or his/her representative shall, from time to time, modify, expand, or reduce such required hours of operation, in which event, Concessionaire will remain open during such revised hours.
Similarly, Concessionaire shall, from time to time, request to revise its hours of operation. Such changes must be approved by the Airport Director or his/her representative, in writing, prior to its occurrence.
Concessionaire may not, at any time, vacate or abandon the Assigned Area.
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-pf:·s~ INTE RNATJONAL Al RPORT p
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Contents
Tenant Manager Guide ... ........................ ................. ................. .. #1 - Airport Contacts ...................................................................... ................ ........................ 3 #2 - Telephone & Data Service Start-up ......................................... ............ ............... ............. 4 #3 - Construction and Modification ......... .......... .............................. ........................................ 6 #4- PSP Signage Standard .......................................................... ............ ............................ 7 Signage Concept Approval Request. .... .............. ........................... ............ .... ............. 9 Signage Guidelines ....................... ............. ........................... ............ ....................... 11 #5 - Security Procedures .................................................. .. ............................. ..................... 13 #6 - Motor Vehicles ....................................................................... ............................. ......... 15 #7 - Parking and Deliveries ................. .. .......................... ........................... .......................... 15 #8 - Maintenance Services ................................. ......................... ... ............ .......................... 15 #9 - Public Address (PA) System ............................................................... .......................... 17 #10 - Flight Information Display System(FIDS) ............. .... ............. ............ ............... ........... 17 #11 - Passenger Loading Bridges ........ ... .......... ... .............. ......................... .... ...................... 17 #12 - U .S Postal Delivery ............................................................... ............................. ......... 18 #13 - Emergency Keys / Contact Info .................................................................................... 18 #14 - Tenant Manager Meetings ............ .......................... .. ........................ .... ............ .......... 19 #15 - Employee Smoking Areas .......... ............... .............. .. ......................................... ......... 19 #16 - Airport Website ........... ............... ............. .... ......................... ... .. .......... ............... ......... 19 #17 -Tenant Business Listing ........................................ ............................... ...................... 19 #18 - Airport Advertising ................................... ............... ................ ................. ......... .. ......... 19 #19 - Contractors / Vendors ............................. ................ .. ............. ... ............ ...................... 20 #20 - Charter Operations .................... ............. ............................. ... ............ .... ........... ......... 20 2
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#1 - Airport Contacts
Making the right contacts is critical. You have questions and concerns unique to your situation.
Whom do you contact? A call to the Airport Control Center is your best starting point. Airport Operations staff will assist you in finding the correct information or person, day or night. For administrative matters during regular working hours, please contact the Airport Administrative Offices, located on the 2 floor, center Terminal.
OPERATIONAL ISSUES
Please note these 24-hour emergency phone numbers are not for public distribution: Control Center: Office (760) 318-3820 (unlisted) & Fax (760) 318-3829 Airport Police: (non-emergency) (760) 318-3840 & Lost & Found: (760) 318-3841 If there is an emergency at PSP - please call 911 or the Airport Control Center at 318-3820.
PSP Administrative Office Mailing Address and telephone:
3400 E. Tahquitz Canyon Way, Suite 1, Palm Springs, CA 92262 - (760) 318-3800 Fax (760) 318 3815
ADMINISTRATIVE STAFF
Harry Barrett Jr., A.A.E Har!Y.Barrett@~alms~ringsca.gov Airport Director
Daniel Meier, C.M. Daniel.Meier@~alms~ringsca.gov Deputy Director- Marketing, Air Service Victoria Carpenter Victoria. Ca r~enter@~a I ms~ringsca .gov Airport Administration Manager
Ed Graff [email protected]
Airport Operations Manaoer
Scott Daugherty Scott.Daugher!J'[email protected]
Airport Securitv Coordinator
Nadia P. Seery Nadia.See!Y@~alms~ringsca.gov
Executive Program Administrator
Christina Brown Christina. Brown@~alms~ringsca.gov
Executive Administrative Assistant
Caren Nelson Caren.Nelson@~alms~ringsca.gov
Account Specialist
Suzanne Seymour Suzanne .Sei1mour@~alms~ringsca.gov
Administrative Secretary
318-3901
318-3806
318-3808
318-3824
318-3822
318-3805
318-3811
318-3819
318-3804
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#2 - Telephone & Data Service Start-up
The Airport has an established communication backbone, consisting of a copper and multi-mode fiber-optic cable plant. The backbone is the common communication system link, and is the required system for use by Airport tenants. Specific details regarding the cable plant system are available by contacting the City IT Department at [email protected]
The following are frequently asked questions that will assist you with telephone and data service integration. Please note the Airport is responsible for telephone/data system infrastructure, and tenants are responsible for telephone service, connections and dial tone.
How do I get my phone service up and running?
All modifications to telephone connections at the Airport are completed by the Airport's telephone/data installation service provider. The Airport does not assume responsibility for providing telephone service or making the connections for Airport tenants.
A two- step process is used for initiating or modifying service connections:
1. Notify [email protected] of the proposed changes you wish to make and use the Service Request Approval form (See page 3). Your proposal must receive advance written approval before the work may begin. If for any reason your proposal is not approved, the City of Palm Springs IT Dept. will clarify which changes are necessary.
2. Following approval, the airport will contact the Airport's telephone/data installation service provider to coordinate and schedule telephone system modifications. All costs associated with such work will be the responsibility of the requesting tenant.
The current Airport telephone/data installation service providers are:
• In-house NEC Phone System: [email protected] • ove Electric: www.coveelectric.com or call (760) 360-0036. All data and network cabling must be approved by the Airport prior to any installations are scheduled.
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What if my phones are already in place and I just want to start service? In this case, you will simply contact your company's telephone service provider and make arrangements to have phone service established. Note that your company will be responsible for providing escort in Secured/SIDA areas to any individuals requiring it.
How do I get data service connected?
Data service is established in the same way as phone service, as described above.
Please note the Airport does have high-speed internet access capability through the fiberoptic backbone. If you wish to connect to the fiber-optic system, prior written approval is needed, as required for telephone service (see above). You may then schedule modifications with the Airport telephone/data service provider.
Is Wireless Internet available in the terminal?
Yes, free Wireless Internet is available in the terminal. The City IT Dept. is the first point of contact about Wireless Internet Service in the Terminal, Concourses and Concessions.
Service Approval Request Form
In order to have cabling, voice or data work performed in the terminal, or in order to access utility rooms, please fill a Service Approval Request form , (See Next Page) and submit it to the City IT Dept. one week before the expected work start date. Here is the link for the (City IT Dept. preferred) electronic version of the Service Approval Request Form:
Airport Service Request I City of Palm Springs (palmspringsca.gov) *Please provide one week notice and schedule work between Monday - Thursday 0700 - 1730
**Airport Escort provided at a rate of $66.00 per hour
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#3 - Construction and Modification
Many Airport tenants make facility improvements prior to moving on-site, or at some point wish to upgrade or modify their existing facilities. All portions of the modification must be reviewed and approved by Airport Management prior to start of work. Unauthorized facility modifications are prohibited at the Airport; this includes modifications to Airside apron markings, which are not permitted without written approval of the Airport Executive Director. The process needed to expedite your request for modification is detailed below.
Your lease agreement contains additional specific information for your reference.
Plan Review and Approval
If you have any questions, it is advisable to begin the planning process by discussing your ideas with the Deputy Director, Operations & Maintenance. This first step may save a great deal of time and effort for you and your staff. Please email the proposed project to TBA Written advance approval from Airport Management is required before the work may begin. The email proposal should include:
Project Description: A complete narrative project description, including the reason for the improvement, scope of work, any required modification to existing facilities, equipment / materials to be installed - including samples if possible, construction time lines and any special requirements.
Engineering Plans: If Engineering / Architectural plans will be integral to a project, these should be provided at the same time the proposal is submitted. They should identify the changes to be made, dimensions, electrical requirements and conduit routes, and equipment locations. Two (2) stamped sets of plans are required to be submitted as part of the project review. Depending on the scope of work, a City Building Permit may be required. Airport staff can advise in most cases whether or not this will be needed.
List of Contractors: A list of all contractors and sub-contractors performing the work is required, and must include their State Contractor License numbers, contact names, business phone and after-hours phone information.
Security Compliance Description: Detail how Airport security requirements will be complied with, including: Issuance of SIDA badges required, escort procedures that will be in place, expected delivery schedule, procedures and delivery locations. In addition, a listing of authorized company staff responsible for project management and project security is required, with contact information and after-hours phone numbers.
Construction Coordination: If possible the work should be accomplished between the hours of 2200 and 0500 to have the least impact on Airport operations. 6
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Provide details regarding impacts anticipated on any of the following: Airport Terminal and facility operations; passenger or tenant activities (noise, fumes, dust, equipment, hot work, etc.); contractor parking needs; contractor restroom facilities; water and power requirements; expected work hours; any other information necessary to properly coordinate your project.
Many projects require shutdown of the fire alarm system, domestic water, HVAC, electrical service, or may include welding (hot work) as part of the scope of work. All of these require coordination well in advance of actual work, and need to be included in the project description. Please note that a pre-construction meeting of affected parties may be necessary prior to start of construction.
#4 - PSP Signage Standard
Airport signage is a very important tool in the operations of PSP Airport. If not managed within a uniform framework, signage can become confusing to our customers and be unsightly. The intent of this standard is to provide guidelines so that the signage displayed in all public areas will:
1. Provide an effective source of needed information.
2. Maintain quality of design that is compatible with the aesthetics of PSP.
3. Be attractive and use colors and materials that are compatible with the design of the facility .
Tenants are required to follow the concept approval process for all signage prior to installation. Alterations of existing signage also require approval and costs associated are the responsibility of the tenant.
All tenant signs are subject to discretionary periodic reviews by PSP.
Responsibility & Intent
1. Signage in public areas is the responsibility of PSP. Signage within leased areas is the responsibility of the tenant.
2. All signs will be of an informative nature only, no advertising allowed.
3. All signs must be fabricated by firms specializing in signage so that federal and local code requirements are met.
Conceptual Design Submittal
Prior to any signage installation or fabrication, the Tenant must submit the following to the Palm Springs International Airport Administration for approval:
1. The following form (Signage Concept Approval Request) containing a description of the type of sign and/or graphics proposed .
2. One (1) Site Plan or Terminal Lease Plan showing the location of the new sign or modification.
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3. At least one (1) photo of the existing conditions.
4. One (1) Color Rendering or Elevation(s) of the conceptual design identifying materials and architectural elements. Drawings should be on a minimum sheet size of8.5"x 11".
Note: Allow approximately 1 week upon receipt of the submittal for PSP to issue a concept approval notice. No work should begin on sign fabrication until approval is received.
Construction and Modifications Guidelines
Tenant will refer to Article 3 of this Tenant Manager Guide and coordinate construction to accomplish all work between the hours of 2200 and 0500. 8
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SIGNAGE CONCEPT APPROVAL REQUEST
Airport Tenant: Vendor Name:
Name of Requester: Point of Contact:
Phone Number: Phone Number:
Email: Email:
Airport Escort Needed"*: Yes • No D Location of Work: (attach exhibit) Escort Name: Needs Access to Room number: Yes • No
Date Submitted: Date and Time Scheduled:
DESCRIPTION OF \A/nDI<•
Approved by PSP Airport
Signature Date:
Attachments: 1] Site Plan location - 2]Photo(s) of current condition 3] Project's color - ·-~ ** Airport Escort subject to advance reseNation and applicable fees 9
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Signage Guidelines
All signage will be properly mounted or framed with a secure system. Methods should be provided with approval request. No area signs will be permitted on, or attached to other surfaces other than those specifically listed below including floors, walls, structural supports, columns, and ceilings.
Curbside check-in
Airline tenant signature signs are permitted on curbside check-in podiums (one sign per position). No signs are permitted on walls, sidewalks, conveyor systems, or housings.
The airline signature sign will be a maximum panel size of 4 feet wide by 18 inches high, and text should fit with a one-inch margin around the copy on the panel.
The colors and fonts of the corporate signature are acceptable. Text should follow the tenant's corporate guidelines and be included for the review and approval process.
Ticket Counter Queue area
Stanchion top signs should be made of one piece of printed graphics, and be framed and firmly attached to the stanchion post top. The maximum frame dimensions are 12 inches by 15 inches and they may be installed in a portrait or landscape orientation . The maximum height from the floor to the top of the unit should not exceed 4 feet 6 inches.
The Stanchion Ribbon may bear the corporate signature.
Ticket Kiosks
A tenant corporate signature may be affixed to self-service ticket kiosks.
Ticket Countertops
One display sign with informational text will be permitted on ticket counters for each 7 feet of counter length. The maximum dimensions are 8 ½ inches by 11 inches.
Acceptable material is text, of the corporate signature color and font printed on paper in an acrylic display case, or text cut on vinyl base.
Signs must have their own support, scotch taped signs are not anowed. other Objects:
Also permitted on ticket counter tops are low profile baggage tags and pen containers, and a service bell.
Prior approval must be obtained for any temporary decorative items. 10
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Ticket Counter Overhead signage
Over the counter signage (indicating classes of service or functions) should measure five inches in height to cover the existing rail, an average of two feet in length, and be consistent for all check-in positions. The image and text of the corporate signature colors are acceptable.
Regulatory signage
TSA and DOT signage will be kept to a minimum as required by these two organizations.
These signs may be placed in stanchion toppers, or combined in a framed poster firmly attached to queuing stanchions.
Ticket Counter back-wall and other locations will be considered on a case by case basis.
Fabrication & Installation of all signs will be of a permanent nature using established methods and quality materials and hardware.
The current preferred signature back-wall signs for Palm Springs International Airport consist of flat panels measuring the width of the tenant's ticket counter, with a height of 4 feet installed at 4'6" from the floor.
Gate Boarding Area
Gate boarding area countertops, queuing lanes stanchions, and stanchion ribbon signage are subject to the same regulations governing the check-in area.
Default & Remedy
Any existing installed sign not having the approval of PSP may be removed following notification to the tenant. Tenant will be required to remove the non-conforming signs within 5 days. Failure to do so may result in PSP removing the sign and expenses for this service will be paid by the tenant.
Non-permitted Signs:
The following signs and sign material are not permitted and may not be displayed on a temporary basis:
• Paper, poster or foam board signs
• Hand-written signs
• Taped signs
• Paper or vinyl banners
• Photocopied Signs
• Deteriorated signs
Any questions on signage may be addressed to the Airport Administrative Manager. 11
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#5 - Security Procedures
Palm Springs International Airport is dedicated to the safety and security of all operations, Landside and Airside. In order to ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the Airport. This section is a guide to Airport procedures needed in order to obtain restricted area clearance. The Airport Security Coordinator, Scott Daugherty, is available to answer any questions you may have. He can be reached at (760) 318-3822 or Scott. [email protected].
•efinjtjons
Sterile Area - The sterile area is defined as the space beyond (downstream) from the security screening checkpoint. Only persons with valid boarding passes, tickets or Sterile Area Worker (SAW) identification badges or under approved direct escort may proceed into the sterile area after being screened.
SIDA- The Security Identification Display Area (SIDA) requires individuals to display an Airport issued identification badge in an easily viewable area above the waist. The SIDA area also requires "challenge" procedures, used by ALL persons holding valid Airport Identification Badges, to ensure that any individual in the SI DA area is authorized to be there.
Non-SIDA - An area on the airport where Non-SIDA identification is required.
AOA Vehicle Permit - A permanent sticker or temporary placard affixed to a vehicle authorizing access to restricted areas of the airport.
Airport Identification Badge - An Airport issued badge allowing access to certain restricted areas of the Airport. The Airport Identification Badge may be one of the following: SIDA, Non-SIDA, or SAW.
Authorized Signatory Letter - A letter, generated on company letterhead, establishing those company representatives approved to request badges and permits on behalf of the company.
Procedures tor Qbtajnjng an Ajrport ldentjficatjon Badge
1. Companies requesting Airport Identification Badges must have an "Authorized Signatory Letter" on file with the airport. The letter must contain the name of at least one individual, in a management or supervisory capacity, who is authorized to request ID badges for the company. This form is available on the Airport website at Business and Employment I City of Palm Springs {palmspringsca.gov). original signatures are required.
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2 A "Fingerprint/Badge Application" must be filled by each individual applying for a badge. This application is available on the Airport website at Business and Employment I City of Palm Springs (palmspringsca.gov) or at the Badging Office of the Vehicle Inspection Plaza (VIP) located at the entrance of the airport.
3. Once completed by the applicant, the "Fingerprint/Badge Application" must be signed by a company representative listed on the "Authorized Signatory Letter".
The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at Business and Employment I City of Palm Springs (palmspringsca.gov)
4. Fingerprint appointments can then be scheduled with the Badging Office at the VIP at 760.318.3830 or [email protected]. The applicant will need to bring the signed Fingerprint/Badge Application and required forms of ID. After fingerprints are taken, a Criminal History Records Check (CHRC) and TSA Security Threat Assessment (STA) are conducted. Results will usually be reported to the applicant/company in approximately one to two weeks.
5. If the results do not indicate anything disqualifying, the mandatory interactive security training can then be scheduled through the Badging Office at the VIP at 760.318.3830, or VIP@palmsprings-ca .gov.
6. Upon successful completion of the training class, the individual will be issued an Airport Identification Badge.
Procedures to Obtain Aircraft Operations Area IAOA) Vehicle Permits The Airport requires a separate "Authorized Signatory Letter" for each company requesting Vehicle AOA Permits. The letter must designate at least one individual who is authorized to request ID badges for your company. Management or Supervisory representatives are preferred as authorized signatories on this letter. A sample form is available by visiting Business and Employment I City of Palm Springs (palmspringsca.gov) or e-mailing the Badging Office at [email protected]. Original signatures are required on all Authorized Signatory Letters.
An AOA Vehicle Permit Request must be submitted each time you request a vehicle permit. Two types of permits are available:
1. A Permanent AOA Vehicle Permit for company vehicles being operated on the AOA on a regular basis. More than one vehicle may be listed on this request.
The form requires the following information: Vehicle make, type, color, year, and license number.
2. An "Escort Required" AOA Vehicle Permit. These permits allow the requesting company to acquire and retain a permit for vehicles needing temporary access inside the restricted area. These vehicles MUST be escorted at all times by a properly badged representative, and the escorting company vehicle MUST display 13
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a permanent AOA Vehicle Permit. Be advised that tenants escorting vehicles assume ALL responsibility for the escorted vehicle.
Samples forms and further details concerning permits and vehicle operating rules are available on the airport website and at the VIP Badging Office. #6 - Motor Vehicles
Any motor vehicle, transportation service or ground equipment utilized on Airport Property shall be performed in strict compliance with Airport Rules and Regulations, applicable federal, state and municipal laws, ordinances, codes or other similar regulatory measures, now in existence or as may be lawfully amended or modified. These Regulations require all motor vehicles on Airport property to park only in areas marked and clearly designated for appropriate and safe accommodation. All vehicles utilized on Airport property must be authorized and insured by the Tenant. The airport will be fully indemnified by Tenant for any damage caused to airport property by any vehicle used or authorized by Tenant. #7 - Parking and Deliveries
Emolovee Parkina
All Airport based employees are authorized to park in the employee parking lot provided they obtain and display an employee parking permit. Permits are free to Airport based employees and can be obtained from the Vehicle Inspection Plaza 760.318.3830. The employee lot is located south of Kirk Douglas Way and the VIP.
Contractors and Deliveries
Due to Transportation Security Administration requirements, unattended vehicles are permitted only at certain specific locations in front of the Airport Terminal. Company management is responsible for pre-arranging with the Vehicle Inspection Plaza or Airport Operations the specific parking arrangements for deliveries. In most cases, contractors and unknown delivery companies must obtain and display an "Airport Use Permit" and park in the orange-curbed commercial lane across from the terminal building, also known as "Zone 5". Airport Use Permits are issued through the Vehicle Inspection Plaza. Please contact the VIP at 760.318.3830 or Airport Operations 760. 318.3820 to pre-arrange parking authorization for contractors or other delivery companies.
#8 - Maintenance Services
The Airport offers certain maintenance services in common to tenants at the Airport, on Landside, Airside or in the Terminal. If you are unsure who is responsible for a particular service in a particular area of the Airport, please contact Harry Barrett, Deputy Director of Operations and Maintenance at 760.318.3845 or [email protected] 14
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Refuse Disposal:
Non-recyclables: Airport tenants are responsible for disposing of refuse generated by their operations. This service needs to be coordinated through Harry Barrett, Deputy Director of Operations and Maintenance at 760.318.3845 to arrange for use of the Airport trash compactor.
Disposal of hazardous or landfill exempt materials is prohibited in Airport refuse bins, and alternate disposal methods for such materials must be arranged by each tenant.
Recyclables & non-compactables:
Cardboard: this material is recycled at the Airport. A 40-foot dumpster is located on the north ramp area specifically for cardboard. Airport tenants are directed to dispose of all cardboard in this dumpster.
Non-compactable items: A 40-foot dumpster is located on the north ramp for disposal of bulky or non-compactable items. It is the Airport tenants' responsibility to use this bin when required.
Tenant and Common Area Maintenance
Common Area Maintenance:
Both Airport and tenant staff share various common areas, which are maintained by Airport staff. All common areas of the Main Terminal, Bono Concourse and the Regional Concourse receive custodial cleaning, restroom maintenance, trash removal, maintenance to lighting and PA systems, as well as maintenance to all of the other major building systems. Pest control, carpet maintenance, window washing, fire monitoring, elevator and escalator maintenance are all under Airport contract in the common areas.
Tenant Leasehold Maintenance:
Tenants are responsible for maintenance of the areas defined within their leaseholds, including but not limited to lighting, custodial services, carpet maintenance , pest control, painting, window washing , minor plumbing and electrical work, and approved modifications. In cases where the leasehold has received substantial modification by the tenant, the tenant will be responsible for new / upgraded systems, including items such as overhead doors, HVAC, new non-standard lighting components, and baggage belts for example. Airport staff may be able to assist tenants with contact information for contractors and maintenance firms.
For Airport Maintenance or Custodial Work Order requests please contact the Airport Control Center at (760) 318-3820 (unlisted).
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Aircraft Ramp Maintenance:
Tenant aircraft ramp areas are the responsibility of the airline tenants, in terms of cleanliness and condition. The Airport performs repainting of existing ramp striping at intervals, and performs steam cleaning, complimentary to airline efforts. Pavement sweeping is also performed on a regular basis; however, the airline tenants are responsible for the day to day upkeep, Foreign Object Debris (FOD) removal and cleanliness of respective ramp areas. FOD is a serious threat to the safety of the aircraft and requires a formal program in order to ensure daily cleaning is taking place. In addition, airline tenants and ground handling subcontractors are responsible for the upkeep of equipment used on the ramp, specifically to preventing oil leakage onto ramp surfaces, and removing equipment that has been placed out of service. Vehicle and equipment maintenance is not allowed on the terminal apron.
#9 - Public Address {PA} System
A terminal-wide public address system is maintained for tenant use by the Airport.
Paging stations are located at each airline's ticket counter, boarding gates and in the baggage claim area and allow announcements to be made in selected areas of the airport.
To request manuals or training, please contact the Airport Control Center at 760.318.3820 or the City IT Dept. at [email protected] #10 - Flight Information Display System{FIDS}
The Flight Information Display System (FIDS) is owned and maintained by the Airport.
This includes all equipment associated with the FIDS system, including the monitor, computer, keyboard, mouse, and Uninterruptible Power Supply (UPS). Tenants are liable for damage and items lost or stolen from the leasehold.
Each airline's flight information is automatically fed into the FIDS through the airlines' technology departments and FAA feeds, and only additional or case specific flight information needs to be input locally by each respective airline. FIDS workstations have been set up in most of the Airline tenant leaseholds. FIDS status monitors can be found throughout the Terminal building.
Training is provided to key airline personnel upon request. Please contact the Airport Control Center at 760 . 318.3820.
Also contact the Airport Control Center to report any problem at 760.318.3820.
To get your company logo displayed, submit logos electronically as a .gif image with a resolution of 640 x 480 to [email protected]. 16
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It is the responsibility of Airline tenants to properly train loading bridge operators for their airline operations. Airline tenants must ensure only trained personnel operate these units to avoid serious damage, injury and significant liability. Operators must be so designated by the Station Manager, and a bridge authorization on the SIDA badge issued through Airport Operations is necessary.
Bridges may not be modified in any way or for any reason, without prior written approval of the Airport. Please submit any modification proposals to the Airport Deputy Director of Operations and Maintenance and the Airport Administration Manager. The Airport maintains the bridges through a regular in-house preventative maintenance program, supplemented by a contract with Riselo Engineering. Questions regarding maintenance should be directed to the Airport Operations Center at 760.318.3820. Damage and all costs associated with repair to loading bridges, through tenant operations, is the responsibility of the tenant, and damage must be reported immediately to this 24 hour number.
#12 - U.S Postal Delivery
The U.S. Postal Service delivers mail to the Cluster Box Units (CB Us) located outside the center Terminal.
Tenants are required to obtain a mailbox number. Please contact the Airport Administration Office for assistance.
The address for mail delivery is:
Name of Business, 3400 E. Tahquitz Canyon Way, Box #_Palm Springs, CA 92262 #13 - Emergency Keys I Contact Info
If a tenant changes a lock to any leased space within the terminal, please provide Airport Operations with a copy of the new key. This key will be used for emergency purposes only if the tenant is unavailable.
Whenever the local manager for your operation changes, provide the new manager contact info to the Airport Administration Manager. This should include name, email and 24-hour emergency phone number.
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#14 - Tenant Manager Meetings
Tenant Manager Meetings are normally held monthly on the first Thursday of each month at 9:00 A . M . in the Airport Conference Room located upstairs in the center terminal. Special meetings may be warranted and will be communicated as needed. All tenant managers are invited to attend. If you would like a subject discussed at the next meeting, please email the topic to the Airport Administration Manager TBA.
These meetings cover a vast array of topics and information. There is always an open discussion. Please bring your questions and comments.
You are welcome to attend Airport Commission Meetings which are open to the public and take place on the second Wednesday of each month at 8:00 A.M. in the Airport Conference Room. Agendas are posted on the Airport and City websites, and a printed agenda is displayed in the cabinet near the elevator in the central lobby the week preceding the meeting.
#15 - Employee Smoking Areas
Please ask your employees to refrain from smoking outside the entrances to the airport terminal. There is one (1) designated employee smoking area located ramp side, behind the baggage make-up area, under the covered patio. Please also ask your employees to use the cement ashtrays provided in this designated Smoking Area. #16 -Airport Website
We invite you to visit the Airport website at www.palmspringsairport.com.
The website is maintained by Airport administration. Please contact us whenever you wish to make any change, e.g., company information, telephone numbers, company logo, or website address.
#17 - Tenant Business Listing
The airport maintains a confidential list of tenant managers with their e-mail, telephone and fax information. This list is intended for tenants and is not divulged to the general public. It is important that Airport administration, Operations and security staff be informed whenever management changes occur in your organization. #18 -Airport Advertising
If your company is interested in advertising at the Airport, please contact TBA at Lamar Advertising Company
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#19 - Contractors / Vendors
\1\/hile PSP does not endorse the contractors / vendors listed below, the following companies have PSP badged employees familiar with the Airport facility:
Allen Fence Company (760) 343-2222
Best Signs (760) 320-3042
Chris Foster - General Contractor (760) 325-5028
Cove Electric - Telephone/ Data (760) 360-0036
Valley Lock & Safe (760) 321-5397
MaQik Glass & Door (760) 325-1876
Palm Springs Mirror & Glass (760) 328-0888
Kanoski Painting (760) 321-5397
Southwest Plumbing (760) 343-2345
#20 - Charter Operations
Charter operations into Palm Springs require that the airlines contact the Airport Administration Manager at 760.318.3808 or via email at TBA. 19
EXHIBIT D – INSURANCE REQUIREMENTS
Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work or in connection with products, materials or services supplied to the Airport and shall include their agents, representatives, employees or subcontractors. With respect to General Liability and Errors & Omissions, coverage should be maintained for a minimum of five (5) years after contract completion. The cost of all such insurance shall be borne by the Concessionaire.
A. Minimum Scope of Insurance
$2,000,000 -- Commercial General Liability
$2,000,000 -- Auto Liability
$1,000,000 -- Worker’s Compensation Insurance
$10,000,000 -- Property Insurance
One Year of Minimum Monthly Rent -- Business Interruption Insurance Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Concessionaire has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Property Insurance: Concessionaire shall maintain not less than $10,000,000 Legal Liability Coverage (ISO Form CP 00 40 or equivalent) on all real property being leased, including improvements and betterments owned by the City, and shall name the City as a loss payee. Concessionaire shall also provide property insurance on all personal property and betterments and improvements contained within or on the leased premises. Property insurance shall insure against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
5. Interruption of Business Insurance: Concessionaire shall, at its sole cost and expense, maintain business interruption insurance by which the minimum monthly rent will be paid to City for a period of up to one (1) year if the premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements.
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6. Cyber Liability Insurance, if the Concessionaire will provide IT services or software or involve the retention of private, non-public information about third parties, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Concessionaire in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
7. Liquor Liability: If Concessionaire will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If Concessionaire is using a caterer or other vendor to supply alcohol, that caterer/vendor must have liquor liability coverage. If Concessionaire intends to sell alcohol, either the Concessionaire or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol.
8. Umbrella or Excess Policies may be used by the Concessionaire to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Concessionaire’s primary and excess liability policies are exhausted.
9. Professional Liability Errors and Omissions insurance for all Professional Services rendered including architecture, engineering, or design services related to this Agreement.
10. Builder’s Risk Insurance shall be procured by Concessionaire prior to the commencement of, and throughout the duration of, any construction of improvements or betterments being installed by Concessionaire on the Property.
B. Minimum Limits of Insurance
Concessionaire shall maintain limits no less than:
1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
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2. Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers Compensation limits as required by California Labor Code and Employer’s Liability with employer liability limits of $1,000,000 per accident; per disease, per employee; coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officials, employees, agents and contractors.
4. Liquor Legal Liability: (if alcohol is being provided); minimum $2,000,000 limit per occurrence.
5. Professional Liability Errors and Omissions: $5,000,000 per claim and $5,000,000 aggregate, coverage to be maintained following completion of work on project for 5 years or, if policy is canceled, extended reporting period to equal the same.
6. Property Insurance: full replacement cost with no coinsurance penalty provision, Business Interruption, Rental Income, All Risk.
7. If applicable, builder’s risk insurance for total replacement value of work completed during any construction of betterments or improvements to City’s site.
C. Deductibles and Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Concessionaire to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
D. Other Insurance Provisions
1. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:
a. The City of Palm Springs, its officers by endorsement, officials, employees and volunteers are to be covered as additional insureds with respect to: liability arising out of activities performed by, or on behalf of, Concessionaire, premises owned, occupied or used by the Concessionaire, or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officer, officials, employees or volunteers. General liability coverage can be provided in the form of an endorsement to the Concessionaire’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
b. The Concessionaire’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and volunteers. For any claims related to this Property, the Concessionaire’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Item 3A - Page 93
Concessionaire’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. c. Any failure to comply with reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. Coverage shall state that the Concessionaire’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
2. Workers’ Compensation and Employers’ Liability
Coverage shall contain a waiver of subrogation by endorsement in favor of the City, its officials, employees, agents and contractors.
3. Builder’s Risk
City shall be named as a loss payee on any Builder’s Risk policy to the full extent allowable and for which the City’s insurable interests may appear.
4. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to the City; except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
5. Waiver of Subrogation
Concessionaire hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Concessionaire by virtue of the payment of any loss. Concessionaire agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Concessionaire, its employees, agents, and subcontractors.
6. There shall be no endorsement reducing the scope of coverage required above unless approved by the City’s Risk Manager.
7. If the Concessionaire maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Concessionaire. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII.
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F. Verification of Coverage
Concessionaire shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Concessionaire’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Proof of insurance shall be either emailed in pdf format to: Victoria Carpenter or mailed to the following postal address (or any subsequent email or postal address as may be directed in writing by the Risk Manager):
City of Palm Springs
Risk Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
G. Subconsultants/Subcontractors/Subconcessionaires
Concessionaire shall require and verify that all subcontractors relating to this Agreement maintain insurance meeting all the requirements stated herein, and Concessionaire shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
H. Review of Coverage
These insurance requirements shall be subject to periodic review by City’s Risk Manager. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the Risk Manager require any change in any coverage such change shall be communicated in writing to Concessionaire and Concessionaire shall comply with the said change within thirty (30) days following the date of receipt of the notice.
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EXHIBIT E – HAZARDOUS MATERIALS
Disposal of Hazardous Materials on the Airport is strictly prohibited, except as described in this EXHIBIT.
1. Use. Concessionaire may only store and use Hazardous Materials in the Concession Area in a safe and prudent manner and in accordance with the requirements of all applicable Environmental Laws those kinds and quantities of Hazardous Materials that are normally used in conducting the activities permitted under this Agreement.
Concessionaire shall provide the Airport Director with a copy of any application for a permit for use or storage of Hazardous Materials in the Concession Area from any regulatory agency responsible for enforcement of Environmental Laws, and shall also provide a copy of any permit received from such agency; and if a material safety data sheet or other reporting or registration document is required under applicable laws to accompany the Hazardous Materials, supplies or materials or be filed with any federal, state or local authority, a copy of such current material safety data sheet or other reporting or registration document is provided to the Director
2. Notification of Release. Concessionaire shall be solely and fully responsible for notifying the appropriate public agencies of any Hazardous Material release which occurs on the Concession Area, or is caused by or results from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on the Airport other than the Concession Area. Concessionaire shall immediately notify City of any Hazardous Material release which occurs on the Concession Area, regardless of whether the release was caused by or results from Concessionaire’s activities or is in a quantity that would otherwise be reportable to a public agency, or which occurs on the Airport other than the Concession Area and is caused by or results from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees, regardless of whether the release is in a quantity that would otherwise be reportable to a public agency.
3. Liability. Concessionaire shall be solely and fully responsible and liable for:
(a) storage, use or disposal of Hazardous Materials on the Airport, by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees; (b) any Hazardous Material release which is caused by or results from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on the Airport;
(c) any Hazardous Material release that commences during the term of the Agreement on the Concession Area, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Concession Area.
4. Prevention of Release. Concessionaire shall take all necessary precautions to prevent its activities from causing any Hazardous Material release to occur on the Airport, including, but not limited to any release into soil, groundwater, or the City's sewage or storm drainage system.
5. Obligation to Investigate and Remediate. Concessionaire, at Concessionaire's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws:
(a) any release or danger of release of Hazardous Material on the Airport other than the Concession Area, including, but not limited to, into soil or groundwater, or the City's sewage or storm drainage system, which, was caused, or results, in whole or in part Item 3A - Page 96
from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees;
(b) any release or danger of release of Hazardous Material which commenced during the term of this Agreement and which is discovered on the Concession Area, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Concession Area.
In addition to all other rights and remedies of City hereunder, if Concessionaire does not promptly commence, and diligently pursue remediation of any such release, or danger of release, of Hazardous Materials, City, in its discretion, may pay, to have same remediated and Concessionaire shall reimburse City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and provide City with a schedule for diligent completion of the remediation within thirty (30) days after discovery of such release, or danger of release, of Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Concessionaire.
6. Indemnification. Concessionaire shall indemnify, protect, defend and hold harmless City, its officers, employees, contractors and agents from and against all loss, costs, damages, claims, proceedings, demands, liabilities, liens, penalties, taxes, fines and expenses, including without limitation reasonable attorneys’ fees, consultants’ fees, litigation costs, and investigation, removal, remediation, cleanup and monitoring costs, asserted against or incurred by City, any of City’s Parties, the Premises, and/or the Airport at any time and from time-to-time by reason of or arising out of the presence of any Hazardous Substances in, on, under or about the Premises, and/or the Airport resulting from or in connection with (a) the action, inaction, fault or neglect of Concessionaire or any of its officers, directors, contractors, employees, agents, representatives or licensees (collectively, “Concessionaire’s Parties”), (b) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Substance at, from or near the Premises, and/or the Airport by or for Concessionaire or any of Concessionaire’s Parties or by or for anyone under Concessionaire’s control, or (c) the violation of any Environmental Law by Concessionaire or any of Concessionaire’s Parties or by anyone under Concessionaire’s control. The indemnities and duties to defend set forth in this EXHIBIT shall survive the expiration or termination of this Agreement.
7. Release of Claims Against City. Concessionaire releases, acquits and forever discharges City from any and all claims, actions, causes of action, demands, rights, damages, costs, including but not limited to loss of use, lost profits, or expenses, which Concessionaire may now have, or which may hereafter accrue on account of or in any way growing out of all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage, and the consequences thereof resulting or arising out of the presence or cleanup of any Hazardous Material on the Airport. This release shall not apply to any claims for contribution that Concessionaire may have against City in the event that Concessionaire incurs any cost in undertaking any cleanup of Hazardous Material from the Airport ordered by a governmental agency, to the extent that the cleanup order and costs result from a release of Hazardous Material for which Concessionaire is not responsible and liable under this Agreement.
Concessionaire understands and agrees that Concessionaire is hereby waiving all such rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States. Said section reads as follows:
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“1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
8. Cessation of Activities.
(a) Concessionaire shall cease its activities on the Concession Area and the Airport, to the extent requested by City, if City determines, in its sole discretion, that such cessation is necessary to investigate, cure or remediate any release of Hazardous Materials. Concessionaire shall not recommence its activities on the Concession Area or the Airport, as appropriate, until notified by City that such release or danger of release of Hazardous Material has been investigated, cured and remediated in a manner satisfactory to the City.
(b) Abatement of Fees and Charges on Concession Area. Concessionaire shall not be entitled to an abatement of any fees or charges due under this Agreement after Concessionaire has been requested to cease activities for investigation, cure or remediation of Hazardous Materials on the Concession Area, except if the presence of Hazardous Materials on the Concession Area was due to the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or by migration of Hazardous Materials onto the Concession Area. (c) Abatement of Fees and Charges on Airport other than Concession Area.
Concessionaire shall not be charged fees or charges for use of the Airport other than the Concession Area, to the extent that City requests Concessionaire to cease activities on that portion of the Airport due to City’s efforts to investigate, cure or remediate contamination, unless the release is one for which Concessionaire is responsible under this Agreement.
9. Records and Inspections.
(a) Concessionaire shall maintain, during the term of this Agreement and for a period of not less than four (4) years after the expiration or termination of this Agreement, or for any longer period of time required by any applicable law, regulation, policy, order or decree, separate and accurate daily records pertaining to the use, handling and disposal of any Hazardous Material(s) by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on or from the Airport. (b) Upon request by City, Concessionaire shall furnish City with such daily records, and such other documentation or reports as Director, from time to time, and at any time during the term of this Agreement, may reasonably require pertaining to the use, handling and disposal of any Hazardous Material(s) by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on or from the Airport.
(c) After the expiration of four (4) years following the termination of this Agreement, Concessionaire may destroy the records pertaining to the use, handling and disposal of any Hazardous Material(s) by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on or from the Airport, provided, however, that Concessionaire shall notify City no later than sixty (60) days prior to any proposed destruction of any of said records and shall upon request by City within thirty days (30) days after such notice is received, deliver copies of said records to City.
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EXHIBIT F – MONTHLY CONCESSION REPORT
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CONCESSION REVENUE MONTHLY REPORT
COMPANY: _______________________________________ MONTH /YEAR:
FOOD DIVISION YEARLY MAG: MO MAG :
----- GROSS REVENUE JA N FEB M A R A PR MAY JUN JUL A UG SEP OCT NO V DEC YTD SA LES STORE/BRAND 1
STORE/ BRA N D 2
STO RE/ BRAND 3
STORE/BRAND4
STORE/ BRAN D 5
STORE/BRAN D 6
STORE/BRAND 7
TOTA L
DUE TO A IRPORT UPTO $ 1.SM 1 .SM-3M 3M-SM SM-7M Over 7M TOTA L UPTO $ 1 .SM 1 .SM-3M 3M-SM 5M-7M Over 7M % RENT MAG RENT % % % % % PA ID PAID
JAN
FEB
MAR
A PR
MAY
JUN
JU L
A UG
SEP
OCT
NOV
DEC
TO TA L
PSP CO NCESS ION REV ENU E MONTHLY REPORT
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RETAIL DIVISION YEARLY M AG: M O M AG:
GROSS REVENUE GOODS 1 GOO OS 2 GOODS3 GOODS 4 GOODS 5 TOTAL YTDTOTA L JAN
FEB
MAR
A PR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTA L
DUE TO AIRPORT GOOD51 GOODS 2 GOOD53 GOOD5 4 GOODS 5 MO TTL % M O MAG M ONTHLY YTD PAID % RATE % RATE % RATE % RATE % RATE OF SALES RENT PAID
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTA L
PSP CONCESSION REVENU E M ONTHLY REPORT
EXHIBIT G – PRICING PROGRAM
The intent of the Airport Merchandise and Services Pricing Program is to ensure that prices and quality of products and services at the Airport are comparable to off-Airport (street) locations within the City of Palm Springs, California.
Comparable Quality of Products
Multiple concessionaires operate at the Airport and it is expected that competition for customers will ensure that prices and quality of products and services remain at a level that closely matches street comparables. Concessionaire shall offer for sale only Products, goods and merchandise of high quality that are fresh, and currently in demand at comparable off-Airport (street) locations within the City of Palm Springs For the purposes of establishing comparable products, the following guidelines will be used:
Retail:
a. Quality for merchandise is defined as Merchandise equivalent to or better than that offered for sale in similar retail shops, department stores, or upscale shopping in Palm Springs.
b. No misbranded article shall be sold or kept for sale.
Food and Beverage:
a. Concessionaire must ensure that passengers and other Airport users, are offered quality Products. Quality for food Products is defined as Product equivalent to or better than the Off-Airport approved comparable location in freshness, size, value, and quality. b. Portion sizes are consistent with the approved comparable off-Airport location.
Pricing Program
Street Pricing plus fifteen percent (15%).
Affordable pricing is an essential aspect of the passenger experience at the Airport. It is our goal that prices should be equivalent to prices found on the street (“Street Pricing”) but in no case, shall prices at the Airport exceed the pricing above.
Product and Price Submittal
a. Concessionaire is required to submit a complete product and price list to the Director for approval at least thirty (30) days prior to the opening of any Concession Location. b. Such product and price list shall detail all menu items, products and services available for sale and the requested price. Differences in size or quality of a product or service shall, all other things being equal, be considered by Airport during its review. c. All products and services shall be comparable to an Off-Airport location or brand, located in the City of Palm Springs area. Comparable Pricing shall mean that the Product offered at the Airport is comparable in size, value, and quality to the Product at the comparable Off-Airport concept location or brand.
d. Concessionaire is responsible for establishing comparable locations for the purpose of instituting a pricing structure for their Concession Locations under the guidelines listed below. The established comparable location shall be used for any and all future price adjustments.
Branded Concepts
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If a concept has an identical street location within Palm Springs, that location will be designated as a comparable store. If there are multiple street locations, the Concessionaire shall select a “Primary” location that offers the most similar products to those that will be offered at the Concessionaire’s Airport location. Additionally:
a. Whenever possible, all pricing should be compared to one location, with the same products being priced to the Primary location.
b. If similar products are not available for all items, then Concessionaire shall submit a request to the Airport for a “Secondary” location for those products not served at the Primary comparable location. This Secondary location shall also be similar in concept, and product size and quality and offer the widest product selection as to ensure that not more than three comparable locations are used to complete the pricing process. c. If there are additional products offered by the Concessionaire that are not the Primary or Secondary locations, then Concessionaire shall provide a pricing justification based on the most similar product being offered. Pricing justifications must take into consideration the size, quality, and service style (quick-serve, sit-down, take-out, etc.) when providing justification for pricing of a product.
d. If there is not another branded comparable location within the City of Palm Springs, the Concessionaire shall have the right to request in writing, approval by the Director for an exemption from the local comparable requirement and may request comparison to anther Branded location outside of Palm Springs.
Non-Branded Concepts and Proprietary Brands
If the concession is non-branded or is a proprietary brand, the Concessionaire shall select a Primary location that offers the most similar products (size and quality) and service style (quick-serve, sit-down, take-out, etc.) to those that will be offered at the Concessionaire’s Airport location. Additionally:
a. Whenever possible, all pricing should be compared to one location, with all same products being priced to the Primary location.
b. If similar products are not available for all items, then Concessionaire shall request a Secondary location for those products not served at the Primary comparable location.
This location shall also be similar in concept and offer the widest product selection as to ensure that not more than three comparable locations are used to complete the pricing process.
c. If there are additional products offered by the Concessionaire that are not offered at the Primary or Secondary locations, then Concessionaire shall provide a pricing justification based on the most similar product being offered. Pricing justifications must take into consideration the size, quality, and service style (quick-serve, sit-down, take-out, etc.) when providing justification for pricing of a product.
d.Concessionaire must provide a price justification, to be approved by the Airport, for any product that is different in size or quality for purposes of establishing a reasonable comparable price.
e. If Concessionaire is unable to find a reasonable comparable location within the City of Palm Springs, the concessionaire shall have the right to request in writing, approval by the Director for an exemption from the local comparable requirement. Such request must include reason for requested exemption and provide a detailed explanation of how concessionaire intends to establish pricing for its products or services.
Protection from Competition
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Stores that are partially or fully protected from competition, such as Airports, hotels, amusement parks or sports arenas, and locations that operate using off-price or discount pricing structures, shall not be included as comparable locations.
Approval of Comparable Locations and Pricing
If at any time the Airport and Concessionaire are unable to agree on the comparable street locations or prices, the Director will select the comparable street locations for the purpose of establishing prices.
Price Adjustments and Prices for New Products
1. Written approvals
Concessionaire must obtain Airport’s written approval prior to adjusting prices and prior to introduction new products and services at the Airport. Any request for price adjustments or price approvals for new products and services must be submitted to the Director at least thirty (30) days prior to either the price increase effective date or availability of a new product or service, as applicable. Price increases shall be based on increases in prices for the same items at the approved comparable street location(s).
2. Price adjustments
Concessionaire will be allowed to submit pricing adjustments two (2) times per year unless otherwise requested by Concessionaire due to market conditions, and as approved by the City.
Pricing Display
1. Display of pricing
Concessionaire is required to prominently and clearly display pricing for all products and services offered at all location(s) at the Airport. Failure to display pricing, will subject Concessionaire to liquidated damages in the amount of $300 per occurrence per day
2. Pre-marked or pre-printed price
Where prices are pre-marked or pre-printed on the item by the distributor or manufacturer, the price charged for the item shall not exceed the pre-marked or preprinted price. Any markup on pre-marked or pre-printed items, will subject Concessionaire to liquidated damages in the amount of $300 per occurrence.
Remedies by the Airport
1. Review of pricing and quality
a. At any time, the Director may conduct and or request the Concessionaire to conduct a survey of prices and the quality of products and services then in effect at comparable street locations in Santa Clara County. If the Director determines that any prices being charged by Concessionaire at the Airport are exorbitant compared to street pricing as identified in the survey, or that any product or service being offered by Concessionaire is of insufficient quality compared to the street locations, the Concessionaire is required to submit, within seven (7) days, a product and price list with comparables as required in the Pricing Policy. Prices must be adjusted within seven (7) days of the Director’s approval. b. Any products sold, found to be sold or priced at a higher-than approved pricing shall be subject to liquidated damages in the amount of $300 per occurrence per day until such Product pricing is adjusted in accordance with the Director’s request.
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2. Remedies
a. No Product may be sold at the Airport without the prior written approval of the Director. Director reserves the right, at all times, to reasonably object to or approve Product offered for sale, the quality of Product offered for sale, the character of services offered to the general public, the methods of service of Product within the Concession Area, the prices charged, and Upon receipt of notice, Concessionaire shall immediately discontinue the sale of any Product found by the Director to be unsatisfactory. The failure of Concessionaire to promptly cease the sale of any disapproved Product shall constitute a Performance Standards Breach and subject to liquidated damages of $300 per occurrence per day until Concessionaire removes such Product.
b. If the City identifies any problems with respect to the quality, variety, and quantity of Products, Concessionaire shall correct, or cause to be corrected, such problem or problems within twenty-four (24) hours of its receipt of written request from the City, unless a longer period is required, but in no event, shall the time-period extend beyond ten (10) days after notice. Failure by Concessionaire to timely correct problems for which it has received a written request from the City shall constitute a Performance Breach and subject to liquidated damages of $300 per occurrence per day.
c. To ensure high Product and merchandise, the City may perform a service audit consisting of a test, survey or other procedure, to determine the quality Product offered to the public. The City may at its discretion require that the Concessionaire upgrade the quality of its Products. Failure by Concessionaire to timely correct problems for which it has received a written request from the City shall constitute a Performance Breach and subject to liquidated damages of $300 per occurrence per day until Concessionaire corrects such problem to the satisfaction of the Director.
d. Should the Concessionaire not provide an acceptable price list with comparables within seven (7) days, the Products or services must be removed immediately from the Concession Location. Concessionaire shall not re-introduce the Products or services until the Concessionaire receives approval from the Airport after the Concessionaire submits the requested price list with comparables. e. Should the Concessionaire not replace products or services of insufficient quality with items of sufficient quality within seven (7) days, the products or services must be removed immediately from the concession location.
f. Any product found to be sold without prior request and approval from the Director, shall be immediately removed by the Concessionaire upon request of the Director. g. Failure to promptly cease the sale of any disapproved Product, remove the Product or services upon request of the Director, will be subject to liquidated damages in the amount of $300 per occurrence per day until such Product is removed.
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EXHIBIT H – CONCESSIONAIRE’S PROPOSAL
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REQUEST FOR PROPOSALS 10-22
AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
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COVER LETTER
EXECUTIVE SUMMARY
SECTION A: FIRM’S EXPERIENCE
SECTION B: BRANDS & CONCEPTS
SECTION C: FACILITY DESIGN & QUALITY OF IMPROVEMENTS
SECTION D: MANAGEMENT & OPERATIONS PLAN
SECTION E: TRANSITION PLAN
SECTION F: FORMS
SECTION G: PRICING
PG. 01-02
PG. 01-04
PG. 01-22
PG. 01-70
PG. 01-29
PG. 01-71
PG. 01-04
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TABLE OF Contents
Item 3A - Page 107
LETTER
Cover
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1 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
COVER LETTER
COVER LETTER
September 22, 2022
Ms. Kim Baker
City of Palm Springs – Procurement and Contracting Department, City Hall 3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]
RE: REQUEST FOR PROPOSALS 10-22 – AIRPORT CONCESSIONS RETAIL Dear Ms. Baker,
On behalf of the respondent, The Marshall Retail Group, LLC (MRG), and our entire team supporting this project, thank you for the opportunity to present our proposal for retail package 1.
We are honored and delighted to be able to demonstrate our ability to Create Unique Experiences for the passengers and employees alike at Palm Springs International Airport.
A LOVE LETTER TO PALM SPRINGS
Our concepts – Uptown, The Pink Door, InMotion, Hey Joshua, Mojave Oasis, I ♥ PS, PSP Employee Vending, and Coachella Duty Free – are aimed at creating an unparalleled sense of place and winning the hearts of your passengers. Whether guests come into our stores to fill an immediate need for a forgotten travel necessity, enjoy a chef-inspired grab and go item or local snack, or to find a unique souvenir, we offer a wide range of thoughtful solutions. We curated this package of concepts as a love letter to Palm Springs, and to exceed your goals and objectives. Our concepts will:
• Deliver a world-class shopping experience that travelers would expect to find at PSP, offering a mix of popular local, regional, and national brands. • Engage and captivate passengers with sophisticated, mid-century modern spaces that reflect the city’s diversity and culture.
• Maximize sales and satisfaction to provide a strong financial return to PSP. • Provide uninterrupted service to travelers during all phases of construction and expansion.
• Give back to the community through meaningful partnerships with organizations including The Living Desert, Palm Springs Art Museum, and Palm Springs Life Magazine. • Include local, well qualified ACDBE partners who have deep roots in Greater Palm Springs, and the surrounding region.
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
COVER LETTER
2 THE LEADER IN LOCAL AND NATIONAL RETAIL OPERATIONS
MRG is the leading nationwide operator of locally and nationally focused retail marketplace style solutions. Rather than offering a cookie-cutter branded approach, we dig deep into the local communities we operate in to create unique retail concepts that speak to the vibe of a city and its values, which is exactly what we’ve done for this opportunity. With this approach, we have grown from a small family-owned business to a sophisticated enterprise operating over 300 stores in 45 airports and 36 resorts across the country. Airport Experience News and our industry peers, recognized MRG as Best Overall Retailer, Best Travel Convenience Retailer, Retailer with the Best Customer Service, and best local concept. Backed by our parent company, WHSmith, we are financially well-positioned to deliver on our anticipated commitments at PSP.
OUR PALM SPRINGS PARTNERSHIP
Should we be the recommended proponent, we would form a Joint Venture under MRG Palm Springs, LLC, that would be between Stella Adena of Rancho Relaxo CA (10% ACDBE partner), Shannon Westmore of SPACE b/d (5% ACDBE partner), Gil Johnson of Procurement Concepts, Inc. (5% ACDBE partner), Philippe Dray and Sonia Acevedo of Duty Free Holdings, LLC (5% nonACDBE partner and sub-tenant for the Duty Free operation), and Marshall Retail Group at 75%.
Therefore, we are delighted to propose 20% ACDBE participation with our joint venture, thus substantially exceeding the goal of 6.9% for retail.
MAXIMIZING RETURN ON INVESTMENT
Nationwide, we have demonstrated our commitment to driving revenues through innovative designs, targeted brands and concepts coupled with well curated local and national merchandise, backed by strong, award-winning customer service, that ultimately results in our ability to maximize the return for all stakeholders.
CREATING UNIQUE EXPERIENCES
Collectively, we believe we have Created Unique Experiences for Palm Springs International Airport, and we would be delighted to have the opportunity to bring our program to life should we be the recommended proposer. We are confident that our concepts will make PSP a destination unto itself where travelers can discover some of the best retail experiences! If you have any questions, please do not hesitate to contact me. You can reach me at (702) 949- 8777, (914) 830-3812, or via email at [email protected].
Yours Truly,
Roderick McOwan
Chief Development Officer
The Marshall Retail Group, LLC
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SUMMARY
Executive
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1 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
EXECUTIVE SUMMARY
MINIMUM REQUIREMENTS
Marshall Retail Group certifies that it meets the minimum requirements for this request for proposal. MRG has over 65 years of retail experience in the casino/resort sector and has been operating in airports since 1984, exceeding the requirement of three years of continuous experience within the last five years. MRG currently operates in 45 airports with more than 300 store locations. Should MRG be the selected proposer, we will be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled “Business Tax”.
EXPERIENCE
The Marshall Retail Group has a proven track record of increasing sales in locations where we have taken over from previous operators. As a prime example, in our SFO District Market location we took over four individual locations and created one 5,200 square foot retail marketplace. The revenues of District Market doubled the combined sales of the previous four concepts, increasing from $6.2M to over $12M, while enplanements increased only 4% over the same time period.
The Marshall Retail Group has received numerous awards of recognition within the airport concessions industry, including Best Overall Retailer, Best Local-Inspired Store, and Best Customer Service Retailer.
MRG is joined by experienced retail and airport operators with deep roots in the Coachella Valley. • Stella Adena, Owner of Rancho Relaxo CA (10% ACDBE partner), brings extensive retail experience in Palm Springs and is the operator of Rancho Relaxo, a popular retail boutique located in Rancho Mirage. In 2021, Rancho Relaxo was awarded Best of Palm Springs by Palm Springs Life Magazine in multiple categories. Prior to opening her own retail concept, Stella spent 9 years as a Director of Retail for KSL Resorts. • Shannon Westmore, Owner of SPACE b/d (5% ACDBE partner), brings more than 25 years of experience in retail development, merchandising and master planning. She has led master planning and leasing for eight major U.S. airports including LAX, ORD, EWR and JFK. Shannon is based in Los Angeles.
• Gil Johnson, President/CEO of Procurement Concepts, Inc. (5% ACDBE partner), is an established ACDBE operator, with over 18 retail and food & beverage stores in San Diego.
Gil and his wife Gail split their time between their homes in Palm Desert and San Diego. • Philippe Dray and Sonia Acevedo, CEO and COO of Duty Free Holdings, LLC (5% non-ACDBE partner), are the experts in duty free concessions with stores in Texas and California. They will operate our proposed duty free concession at PSP.
SUMMARY
Executive
Item 3A - Page 112
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 2
EXECUTIVE SUMMARY
AND CONCEPTS
Brands
RETAIL 1: UPTOWN
Uptown is a 1,302 square foot travel convenience store that pays homage to Uptown Design District, a destination for shoppers seeking midcentury modern art and vintage
collectibles. Uptown will feature souvenirs, travel essentials, books, local gifts, and grab & go items, and will showcase art from multiple local artists, including John Cuevas, Walker Noble, and Craig Mann, and community institution, Palm
Springs Art Museum. We are offering an alternative design for this space that incorporates Just Walk Out technology by Amazon.
RETAIL 2: THE PINK DOOR
The Pink Door is a 162 square foot automated vending zone, welcoming arriving passengers with a playful, engaging
concept open 24 hours a day. Inspired by the beloved pink door of palm springs (#thatpinkdoor), we’re bringing three automated vending machines: Farmer’s Fridge, Eat & Drink and Joshua Tree Coffee Company.
RETAIL 3: INMOTION
PSP travelers deserve to have a strong tech offering. That’s why we’re proposing InMotion, a 361 square foot tech store in the Bono Concourse. InMotion is an award-winning concept that is consistently recognized within the travel retail industry for customer service and is the world’s leading electronics retailer selling trusted brands such as Apple, Beats, Bose, JBL, and Sony.
RETAIL 4: HEY JOSHUA
Mirroring InMotion on the Bono Concourse, Hey Joshua is a 361 square foot travel convenience store and our tribute to Joshua Tree National Park. Hey Joshua will showcase all of the traditional products found in a classic airport convenience store, such as magazines, bestselling books, snacks, chef crafted grab & go foods, a host of often-forgotten travel items, and health remedies, the ideal Joshua Tree themed gift or souvenir and much more.
RETAIL 5: MOJAVE OASIS
Mojave Oasis is a 2,197 square foot multi-concept retail marketplace that invites tranquility and serenity. The specialty retail offered at Mojave Oasis will focus on breezy resort wear and accessories from brands like Trina Turk, sunglasses from Maui Jim and Ray Ban, golf apparel from TravisMathew,
Adidas and Black Clover, spa-quality self-care products from The Body Deli, and a wide assortment of locally made gifts.
Customers can also find travel essentials, grab & go from TKB Bakery & Deli, reading materials, tech accessories, and convenience items. As a special bonus, we’re maximizing use of the outdoor space by creating a backyard retreat that features a Coffee & Ice Cream truck, stylish seating, and an angel wing mural.
RETAIL 6: I ♥ PS
Our new proposed automated retail zone featuring two
vending options, Health & Wellness and Eat & Drink, comes to life with a design to reflect the Palm Springs area and lifestyle.
Southern California artist Peter Tigler is creating a custom art piece where travelers can participate in finger painting.
RETAIL 7: PSP EMPLOYEE VENDING
Employees at Palm Springs deserve a high-quality, fast
offering too! We’re bringing a single Eat & Drink vending machine, with options ranging from healthy to indulgent.
BONUS: COACHELLA DUTY FREE
To test the duty free market, we propose a mobile duty free cart called Coachella Duty Free, which will satisfy international and domestic passengers alike through a sophisticated
shopping experience and high end brands.
We’re thrilled to present seven unique concepts, developed just for Palm Springs International Airport, that will elevate the retail offerings at PSP and provide customers with a world-class shopping experience.
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3 EXECUTIVE SUMMARY
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
FACILITY DESIGN & QUALITY OF IMPROVEMENTS
Our store designs, which are inspired by Palm Springs and the Greater Coachella Valley area, complement architect Donald Wexler’s original midcentury modern design. We have paid special attention to the maximization of passenger flow through our stores. The addition of self check out stations promotes speed of service and enhances the customer experience. Our fixture layout provides easy access for customer queuing and ADA turning radiuses. All materials and equipment will be of the highest quality, durable, and energy efficient.
Where possible, locally reclaimed materials will be used. This project will adhere to strict sustainability guidelines.
MANAGEMENT & OPERATIONS PLAN
Our detailed plan for management and operations at PSP is focused on customer service, product quality, value, and speed of service. We have a track record of success in operating high quality, customer-focused stores. From our experienced management team and workforce management tools to our recruiting and training techniques, we know how to operate world-class retail stores.
TRANSITION PLAN
MRG has a demonstrated track record of building and opening airport shops on time. We accomplish on time openings by choosing experienced designers and contractors, holding weekly design/ construction review meetings with all stakeholders, and having comprehensive transition plans with buy in from all impacted departments at MRG. We also have a successful history of providing transitional (temporary) services during construction through kiosks and wall units. We propose the following transition plan to minimize disruption to the passenger:
• December 2022: Contract award.
• February 2023: Open temporary units.
• April 2023: Open vending units.
• October 2023: Open all stores fully.
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EXECUTIVE SUMMARY
4 • Pricing: MRG will adhere to the street +15% pricing policy set forth by the City. We have provided comps
and pricing ranges per category in Section G.
• Sales Projections: We project year one sales of $8.5M for the entire package and $97.6M in sales for the entire term. • Proposed Percentage Rent: We propose a percentage
rent of 20%. We arrived at this percentage by blending
category rent of 24% for travel convenience and vending, 13% for specialty retail and tech, 15% for duty free, 15% for the Coffee & Ice Cream truck, and 7% for Apple products.
We agree to these category percentages should that be
more desirable for the Airport.
• Revenue to the Airport: Based on our proposed
percentage rent and sales projections, we estimate $1.7M in rent revenues to the airport, and $19.5M over the 10- year initial term.
• Proposed Capital Investment: Our proposed initial
capital investment for the build out of all concepts is $3,323,000 ($735 per square foot). This does not include opening inventory or pre opening payroll & training,
which adds $791,136 in pre-opening costs, for a total of $4,114,136 in total estimated project costs.
• Midterm Refurbishment: Our proposed midterm
refurbishment is 15% of the initial investment for Mojave Oasis, Uptown, Hey Joshua, and InMotion. MRG will pay
ongoing maintenance fees on vending machines.
Pricing
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 115
SECTION A
EXPERIENCE
Firm's
Item 3A - Page 116
1 AND EXPERIENCE
History
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION A
Sara’s of Las Vegas, located in the Sahara Hotel,
was MRG’s first women’s fashion store.
PIONEERS FROM THE VERY BEGINNING
In 1955, brothers-in-law Art Marshall and Herb
Rousso, along with their wives Jayn and Estelle,
founded Marshall Retail Group as a family-owned
business. Their first store, a women’s fashion
concept called Sara’s of Las Vegas, opened on
Las Vegas Boulevard in a defining era for the city.
The success of Sara’s, now known as Marshall
Rousso, paved the way for the company to expand
throughout the Las Vegas Strip and ultimately
into airports. In 1984, The Marshall Retail Group
("MRG") opened its first retail airport location at
McCarran (now Harry Reid) International Airport
and later in 1996 we had our first foray into
destination gifts. This was just the beginning of
a journey in airport retail that continues to this
day. With keen leadership and a clear focus on
the future, what began as a small family business
has grown into an incredible company focused
on “Creating Unique Experiences.” Today, MRG has
more than 300+ store locations in the United
States and Canada, generating approximately
$362 million in annual gross receipts in 2019.
Through all of this, MRG has stayed true to its
pioneering family roots.
EXPERIENCE
MRG has been operating travel
retail locations in Airports in
North America since 1984. MRG
and our partners are focused
on enhancing the retail concessions at PSP by
providing the best level of service and optimizing
revenue potential with ultramodern designed
concepts, a seamless operational flow, and an
appealing assortment of quality products at the
appropriate price level, backed up by logistical
support and unrivaled customer service.
Nationwide, we strive for continued growth and
success in all our businesses, well beyond the first
year of operation. We accomplish this by partnering
the merchant and operational teams and taking
continuous learnings from the customer in
how they respond to our product offering. Our
approach is anything but cookie cutter. We
constantly challenge, refine and develop new
product assortments, measuring against strict key
performance indicators and productivity targets
to ensure we are always giving our customers a
refreshing and exciting selection.
Understanding our customer’s needs and wants
is essential in driving revenue. Using customer
reviews, market surveys, and analytics, we have
gained a keen insight into customer behavior
and purchasing motivation. This insight, gained
though our extensive experience in operating
retail locations across North America, has led to
growth in our operations, enhanced retail systems,
and maximization of productivity and revenues.
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 2 SECTION A
More than 20 years ago, WHSmith® was a recognized name in travel retail in the United States. In 2000, the company chose to focus on its domestic UK business and sold all other interests.
Seven years ago, WHSmith® re-entered the international arena and has grown exponentially, with current operations in over 30 countries worldwide.
Turning its attention back to the diverse US market within the last couple of years, WHSmith re-entered the US travel retail market in a big way with its strategic purchase of InMotion® Entertainment Group in 2018, allowing for an immediate footprint in over 44 airports nationwide while simultaneously enhancing the company’s retail portfolio.
In December 2019, WHSmith USA Holdings, Inc. (“WHS”) acquired the interest of MRG Acquisition Holdings, LLC and The Marshall Retail Group, LLC (“MRG”). There were no organizational changes in MRG, and all members of the executive team were retained.
MRG operates independently as a wholly owned subsidiary of WHS and has existed under essentially the same operating structure for a number of years.
The First WHSmith Store
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WHSmith
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 3
SECTION A
WELCOME TO TEAM MRG
At the core of the company, MRG has brought
together a management team with a wide
range of backgrounds that cover many
elements of the retail industry. Together with
our joint venture partners, we bring decades
of experience to enhance the creative thought
process to create an award winning and
successful innovative, cultural, and immersive
experience.
This group of some of the sharpest and most
experienced minds in their fields share a
common trait: the ability to increase sales
and improve customer experiences. We share
their knowledge and values throughout
every level of the company and work to
promote an environment where team
members feel passionate and dedicated
to their roles. We are all thrilled to have this
opportunity to collaborate on our collective
vision for these locations at Palm Springs
International Airport, and together create a
ONE-OF A-KIND UNIQUE RE TAIL EXPERIENCE.
David Charles
President/COO
Toby Keir
CEO
Missy Sage
SVP Operations, MRG
Greg Tobias
VP General Counsel
Shannon Westmore
Space b/d
5% ACDBE Partner
Gil Johnson
Procurement Concepts, Inc.
5% ACDBE Partner
Roderick I McOwan
CDO
Matt Bilbrey
CFO
Tara Towers
VP Logo & Fashion Purchasing
Stella Adena
Rancho Relaxo
10% ACDBE Partner
Sonia Acevedo &
Philippe Dray
Duty Free Holdings, LLC
5% JV Partner
Alan Reyes
VP Planning & Allocation
Alea LaRocque
VP Business Development
Alysa Zawistowski
SVP Human Resources
Pete Newbold
SVP Operations, InMotion
Item 3A - Page 119
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 4
SECTION A
TOBY KEIR
CEO
After spending 19 years with WHSmith, most
recently the managing director for approximately
600 stores across the United Kingdom, Toby
now serves as Chief Executive Officer of Marshall
Retail Group and InMotion. Toby leads the growth
and development of all existing and future MRG
and InMotion locations nationwide. He believes
teamwork and customer service are the guiding
principles to a successful business structure.
MATT BILBREY
CFO
Matt specializes in finance performance
improvement, working capital optimization and
finance system architecture across multiple
industries. He has 20 years of operational
experience leading finance organizations
through the controlling, budgeting, forecasting,
and reporting functions.
PETE NEWBOULD
SVP OPERATIONS INMOTION
Pete joined MRG/InMotion in 2020 as SVP
of Operations. Pete is responsible for store
operational excellence and maintaining unique
selling points of the InMotion brand. He oversees
overall growth and expansion of all InMotion
locations within the airport and resort sectors.
ALEA LAROCQUE
DIVISIONAL VP BUSINESS DEVELOPMENT
As the newest member of Team MRG, Alea
is responsible for airport business development
on the West Coast. With a background in
restaurants and retail airport concessions, Alea
specializes in bringing local flavor to airports.
TARA TOWERS
VP LOGO & FASHION PURCHASING
Tara joined MRG in 1999 and has played
an integral part of the company’s growth
developing for 30 plus brands across multiple
product categories. As VP of Logo and Fashion,
Tara currently leads the merchant teams and
continues to support the creation of our unique
concepts and categories.
ALAN REYES
VP PLANNING & ALLOCATION
With 20 years of experience in retail inventory
management, merchandise planning, and
allocation and replenishment, Alan serves as
the VP of Planning & Allocation. He specializes
in processes that drive sales volume, maximize
gross margin, and reduce inventory liability.
GREG J. TOBIAS
VP GENERAL COUNSEL
With more than 32 years of experience
practicing law, Greg serves as Vice President
and General Counsel for MRG. During his tenure,
he has rapidly developed an expertise in airport
systems and operations. He provides corporate
governance regarding all legal matters including
negotiating and preparing lease agreements
for all our development projects.
DAVID CHARLES
PRESIDENT/COO
David serves as President and Chief Operating
Officer of MRG. He is a strategic consumer and
marketing driven executive with over 25 years
of experience in the airport and travel retail
sector. David has global experience across
finance, operations, business development and
general management, and his direct reports
include store operations, visual merchandising,
marketing, design, and construction.
RODERICK I. MCOWAN
CDO
Roddy serves as Chief Development Officer
and has more than 30 years’ experience in
directing and leading the expansion and growth
of nontraditional retail and food and beverage
concepts and brands across International
and North American airports. He has been
instrumental in leading MRG’s growth in the
airport sector, from three stores in McCarran
International Airport when he joined in 2012 to
over 300 stores across 45 airports in 2022, with
another 60+ to be opened in 2023 and 2024.
ALYSA ZAWISTOWSKI
SVP HUMAN RESOURCES
Alysa brings over 20 years of Global Human
Resources experience to MRG. Her leadership
includes human resources strategy, global
talent acquisition, leadership development,
diversity and inclusion, organizational design and
cultural development, employee education and
development, compensation and benefits, and
HR operations.
MISSY SAGE
SVP OPERATIONS MRG
Missy joined MRG in 2021 to help lead the
organic growth and expansion in the company.
As SVP of Operations, Missy is responsible for
store operational excellence, including our
award winning customer service, the visual and
marketing departments, and the facilities group.
TeamMRG
Item 3A - Page 120
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 5
SECTION A
A Division of Clarion UX
best brand
retailer, small
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EXPERIENCE OPERATING MULTIPLE UNITS
For 65 years, MRG has provided its clients and customers with a collection of attractive, successful brands in more than 300 stores, including over 200 airport units in 45 airports and 111 resort locations in 36 resorts.
MRG has been recognized by Airport Experience News as
2020: Best Overall Retailer, Best Travel Convenience
Retailer, Retailer with the Best Customer Service; 2019:
Best Airport Store for Local Merchandise, Best Brand
Retailer, Best Local-Inspired Store, Best Customer
Service; and Airport Revenue News 2017 as the industry’s Best Specialty Retail Brand Operator. We are proud of
our heritage as the largest premier class retailer in the North American market and are eager to bring today’s
traveler inspired shopping experiences that truly connect customers with the world around them.
GIFTOLOGY - SLC
Item 3A - Page 121
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 6
SECTION A
RECENTLY AWARDED/RECOMMENDED CONTRACTS: SFO PHX LGA DEN LAX MCI EWR DCA SEA SLC ORD 45 36
200+ 20M+ $362
100+ 1900 $1.3M+ 65+
RESORTS
RESORT
LOCATIONS
AIRPORTS AIRPORT
LOCATIONS
CUSTOMERS
SERVED
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IN SALES 2019
AVERAGE
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TEAM
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YEARS
IN RETAIL
Item 3A - Page 122
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 7
SECTION A
North AmericanLOCATIONS
Item 3A - Page 123
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8 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
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Item 3A - Page 124
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 9
SECTION A
Represents airports with only InMotion locations, or InMotion had representation prior to MRG locations.
MRG opened the first airport location at McCarran (now Harry Reid) International Airport in 1984. Today, we operate over 200 stores across 45 airports.
Current Airport OPERATIONS
AIRPORTS AIRPORT
CODE
# OF
STORES
# OF YEARS
OPERATING
LaGuardia Airport LGA 7 4
Orlando International Airport MCO 5 8
Miami International Airport MIA 7 12
Minneapolis−Saint Paul International Airport MSP 1 6
Louis Armstrong New Orleans International Airport MSY 1 3 Oakland International Airport OAK 1 8
Will Rogers World Airport OKC 1 11
O'Hare International Airport ORD 4 9
Portland International Airport PDX 1 11
Philadelphia International Airport PHL 5 17
Phoenix Sky Harbor International Airport PHX 3 5
Pittsburgh International Airport PIT 1 7
Raleigh-Durham International Airport RDU 6 8
Reno-Tahoe International Airport RNO 1 9
San Diego International Airport SAN 2 10
San Antonio International Airport SAT 2 12
Seattle-Tacoma International Airport SEA 3 5
San Francisco International Airport SFO 9 9
Salt Lake City International Airport SLC 5 11
Sacramento International Airport SMF 6 11
Tampa International Airport TPA 1 6
Vancouver International Airport YVR 5 7
AIRPORTS AIRPORT
CODE
# OF
STORES
# OF YEARS
OPERATING
Ted Stevens Anchorage International Airport ANC 1 19
Hartsfield-Jackson Atlanta International Airport ATL 17 14 Austin-Bergstrom International Airport AUS 1 3
Bradley International Airport BDL 4 8
Nashville International Airport BNA 3 12
Boston Logan International Airport BOS 5 10
Baltimore/Washington International Thurgood
Marshall Airport BWI 10 8
Cleveland Hopkins International Airport CLE 1 8
Charlotte Douglas International Airport CLT 4 11
Cincinnati/Northern Kentucky International Airport CVG 3 8 Ronald Reagan Washington National Airport DCA 6 8
Denver International Airport DEN 10 7
Dallas/Fort Worth International Airport DFW 9 17
Detroit Metropolitan Wayne County Airport DTW 2 11
Newark Liberty International Airport EWR 12 7
Fort Lauderdale-Hollywood International Airport FLL 2 2 Dulles International Airport IAD 2 8
George Bush Intercontinental Airport IAH 3 12
Jacksonville International Airport JAX 1 14
John F. Kennedy International Airport JFK 5 16
Harry Reid International Airport LAS 11 13
Los Angeles International Airport LAX 5 7
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SECTION A
In 1955, MRG opened their first off-airport location, Sara’s, at the Sahara Hotel & Casino in Las Vegas, Nevada.
Today, MRG has over 100 stores in casinos & rail stations throughout North America.
Current Off-Airport LOCATIONS
OFF-AIRPORT LOCATIONS # OF YEARS OPERATING
Neon Museum 6
Fashion Show Mall 4
North Premium Outlets 4
LAUGHLIN, NV
Aquarius 16
Edgewater 14
Tropicana 5
ATLANTIC CITY, NJ
Borgata 19
Resorts 17
Ocean Resort 4
Tropicana AC 10
WILKES-BARRE, PA
Mohegan Sun 14
MASHANTUCKET, CT
Foxwoods 9
HOLLYWOOD, FL
Seminole Hard Rock 3
OXON HILL, MD
MGM National Harbor 8
WASHINGTON, DC
Union Station 8
NEW YORK, NY
Moynihan Train Hall 1
OFF-AIRPORT LOCATIONS # OF YEARS OPERATING
LAS VEGAS, NV
Bally's 29
Excalibur 32
Paris 15
Mirage 13
Tropicana 12
Westin LV 4
Sahara 8
NY NY 1
Fremont Street 27
MGM 25
M Resort 13
The Strat 26
The D 6
Circa 2
Miracle Mile Shops 16
Flamingo 9
LINQ 8
Elara 13
Venetian/Grand Canal Shoppes 24
Harrah's 26
Mandalay Bay 11
Shoppes at Mandalay Bay 12
Forum Shops 11
Caesars Palace 44
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11 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION A
OF SIMILAR CONCEPTS
Sales Data
CALENDAR YEAR 2019, 2020, 2021 ANNUALIZED SALES
2019 2020 2021
News/Gift $66,584,260 $35,798,244 $73,715,519
Specialty $131,571,256 $52,133,496 $107,490,115
InMotion $164,330,645 $51,916,239 $101,821,763
$362,486,161 $139,847,979 $283,027,397
POP SOX - SMF
Below is a chart showing sales data for the most recent three years of operation of similar concepts as to what is being proposed at each location. To demonstrate our airport retail experience further, we have provided gross sales and rent data for our five largest airport concessions programs in North America on the following page.
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SECTION A
Five Largest AIRPORT CONCESSION PROGRAMS
AIRPORT LOCATIONS DATES GROSS SALES RENT
LAGUARDIA AIRPORT (LGA)
Name of Concepts: Gotham News, The Scoop, District Market, The Bowery Bay Shops, The Dean, Just Walk Out, InMotion (2), America!, Ruby Blue, LICK Total # of Units Operated: 11
# of Enplanements: 1,259,298
# of Concessions SF Operated: 24,490
2021 $14,924,434 $3,279,619
2020 $4,262,221 $3,166,873
2019 $9,857,627 $2,091,497
2018 $2,034,137 $345,624
2017 $1,148,122 $135,450
2016 $1,185,685 $115,838
SAN FRANCISCO INTERNATIONAL AIRPORT (SFO)
Name of Concepts: InMotion (7), District Market, depARTures, Silicon Valley, The Scoop, Hello Karl
Total # of Units Operated: 12
# of Enplanements: 13,652
# of Concessions SF Operated: 8,180,718
2021 $18,538,382 $2,494,213
2020 $9,238,200 $1,308,410
2019 $24,680,430 $3,697,799
2018 $24,807,773 $3,728,913
2017 $19,674,070 $2,835,432
2016 $1,660,000 $206,015
DENVER INTERNATIONAL AIRPORT (DEN)
Name of Concepts: InMotion (4), Flight Stop (5), Larimer Street Market, Misura, The Art Districts Market, TUMI, Crislu, TUMI, Lego
Total # of Units Operated: 16
# of Enplanements: 16,873,602
# of Concessions SF Operated: 9,375
2021 $22,259,557 $3,592,898
2020 $12,441,640 $2,134,377
2019 $23,176,297 $3,806,508
2018 $18,356,230 $2,919,390
2017 $12,722,398 $2,202,461
2016 $8,997,721 $1,628,873
HARTSFIELD-JACKSON ATLANTA INTERNATIONAL AIRPORT (ATL)
Name of Concepts: InMotion (15), Soundbalance
Total # of Units Operated: 16
# of Enplanements: 21,378,111
# of Concessions SF Operated: 7,811
2021 $15,010,954 $1,289,735
2020 $7,008,805 $720,477
2019 $21,528,858 $2,699,520
2018 $20,960,000 $2,613,545
2017 $18,690,000 $2,395,991
2016 $16,900,000 $2,201,670
VANCOUVER INTERNATIONAL AIRPORT (YVR)
Name of Concepts: Flight Stop, Lick, Vancouver Marketplace, Marshall Rousso, Tentree
Total # of Units Operated: 5
# of Enplanements: 3,647,014
# of Concessions SF Operated: 6,829
2021 $2,368,838 $209,241
2020 $1,529,228 $536,694
2019 $6,082,636 $483,057
2018 $5,697,706 $487,867
2017 $5,355,197 $466,886
2016 $4,728,396 $422,052
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SECTION A
Landlord: Pamela Dechant, SVP, Concessions
Airport: Denver International Airport
Address: 8500 Peña Blvd, Denver, CO 80249
Phone #: 303-342-2557
Email: [email protected]
Currently with 10 locations at Denver International Airport, MRG has been operating at DEN for 7 years. Concepts range from News & Gift, to Fashion, to a standalone Tumi store. MRG's Flight Stop produced a 79% increase in sales after taking over the Colorado store inside DEN.
Landlord: Cheryl Nashir, Director, Revenue Development & Management Airport: San Francisco International Airport
Address: 780 S. Airport Boulevard, San Francisco, CA 94128 Phone #: 650-821-4500
Email: [email protected]
Currently with 9 locations at San Francisco International Airport, MRG has been operating at SFO for 9 years with Travel Convenience, Beauty, News & Gift, and Marketplaces. One of MRG's largest concessions is District Market at SFO. Taking over four individual locations and creating an open floorplan combining traditional news/gift with distinct specialty categories such as branded fashion, sunglasses, and local artisan gifts made this not just a store, but a must stop shop at SFO. In its first full year of operation, revenues of District Market doubled the combined sales of the 4 concepts we took over, increasing sales from $6.2M to over $12M.
Larimer Street Market - DEN Harley-Davidson - LAS
District Market - SFO
Landlord: Amy Shaw, Manager, Commercial Business/Development Airport: Harry Reid International Airport
Address: 5757 Wayne Newton Blvd, Las Vegas, NV 89119
Phone #: 702-261-5123
Email: [email protected]
LAS, Marshall Retail Group's hometown airport, is home to 11 MRG stores, including 6 original Welcome to Las Vegas concepts.
References MRG
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14 SECTION A
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
WE ARE ROLE MODELS
MRG is a business partner. Not only to you (our client) and to our customers, but also to our minority, ACDBE and mentee partners. More than 65 years ago, the Marshall family chose to create a culture that allowed every member of our team to be a role model, and this is true for our minority partners as well. To this day, we have collaborated with and learned from some of the smartest, most enthusiastic, and most passionate individuals, and we have formed dozens of successful joint partnerships. Each person brings their own experience and knowledge which is vital to our success on a local level.
THE PARTNERSHIP APPROACH
We are proud to collaborate with these talented and diverse partners and look forward to growing not only the business, but the relationship with all parties. We are proposing a joint venture operating structure consisting of 20% ACDBE ownership which exceeds the overall goal that PSP has set for this opportunity.
Our approach to joint ventures is unique. We bring experienced professionals who add true value given their specialty and passion. This allows for MRG and the operators, in this case Stella Adena of Rancho Relaxo, Shannon Westmore of Space b/d, Gil Johnson of Procurement Concepts, Inc., and Sonia Acevedo and Philippe Dray of Duty Free Holdings, LLC to monitor trends and find unique solutions for this iconic opportunity, along with having key roles and responsibilities as part of our joint venture agreement.
Cumulatively, our decades of retail and airport experience demonstrates that we have the passion and the operational and financial capacity to deliver beyond the expectations of the airport and its passengers.
Philosophy JOINT VENTURE
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SECTION A
STELLA ADENA
OWNER
10% ACDBE JOINT VENTURE PARTNER
PARTNER
Joint Venture
Rancho Relaxo started in November 2019 by Stella Adena
with the goal of connecting people to artisans they love.
Rancho Relaxo is a celebration of the desert and the
deep connection to the Coachella Valley. Stella studied Economics and Japanese at Princeton University and went from a career in investment banking to fashion, working her way up to Director of Retail, buying for 5 Star resorts.
Catering to a guest on vacation is a passion for Stella and once she relocated to Rancho Mirage, Rancho Relaxo was
born, allowing Stella to live out her passion everyday. She is slated to open her second location in October 2022 at The Gardens on El Paseo. Rancho Relaxo was awarded
Best of Palm Springs by Palm Springs Life Magazine in
2021 and 2022.
REFERENCES:
Name: Lisa Vossler Smith, CEO
Company: Modernism Week
Address: PO Box 5001, Palm Springs, CA 92263
Phone #: 760-578-5556
Email: [email protected]
Name: Anna Kula, Senior Art Director
Company: Palm Springs Life Magazine
Address: 303 N Indian Canyon Dr, Palm Springs, CA 92262 Phone #: 760-325-2333 (ext. 200)
Email: [email protected]
CONCESSION LOCATIONS
LOCATION # OF YEARS 2019 SALES 2020 SALES 2021 SALES
RANCHO RELAXO
69930 Highway 111, Suite 116
Rancho Mirage, CA 92270
3 $41,527 $237,969 $528,327
Name: Katie Stice, President/CEO
Company: Rancho Mirage Chamber of Commerce
Address: 71905 Highway 111, Suite H, Rancho Mirage, CA 92270 Phone #: 760-568-9351
Email: [email protected]
Please see reference letters for Rancho Relaxo on the
following pages.
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RANCHO
RELAXO ,
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SECTION A
16 CITY OF PALM SPRINGS BUSINESS LICENSE: RANCHO RELAXO Item 3A - Page 132
CITY OF PALM SPRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.
BUSINESS NUMBER: 20027793
BUSINESS TYPE: RETAIL/WHOLESALE - CLOTHING/ACC./DECOR
OWNER NAME: STELLA ADENA
BUSINESS NAME: RANCHO RELAXO
BUSINESS ADDRESS: 69930 HIGHWAY 111, SUITE 116
RANCHO MIRAGE, CA 92270
RANCHO RELAXO
69930 HIGHWAY 111, SUITE 116
RANCHO MIRAGE, CA 92270
EXPIRATION TAX/ADMIN. FEE
9/30/2023 $172.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERA TE OR MAINTAIN A BUSINESS IN
VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
MUST BE POSTED IN A CONSPICUOUS PLACE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION A
17 anna
kula
SEPTEMBER 8, 2022
Dear City of Palm Springs,
I am honored to write a letter of reference for Stella Adena in support of her participation in the Palm Springs Airport renovation plan.
I started working with Stella shortly after she opened
Rancho Relaxo in November 2019. Stella is an advertising partner with Palm Springs Life Magazine so we have worked closely over the years executing our shared vision for her campaigns.
We bonded personally and professionally over our shared experience working in big businesses in New York City and celebrating our transition to the Coachella Valley. Stella has also been a champion of my side projects, carrying, selling and celebrating my work in her shop. I have first-hand
experience of how she partners with artists and promotes their work commercially. Her support and vision have been tremendous and appreciated.
When Stella shared that she was participating in a joint venture to potentially upgrade PSP my comment was
“wow, you are making our city better!” Stella has my vote to be an agent for positive change in the Coachella Valley.
Sincerely,
Anna Kula
SENIOR ART DIRECTOR
PALM SPRINGS LIFE MAGAZINE
REFERENCES: RANCHO RELAXO
September 8, 2022
Lisa Vossler Smith
Modernism Week, CEO
Dear City of Palm Springs,
It is my pleasure to write both a personal and professional letter of reference for Stella Adena for her application for the PSP Concessions business.
I met Stella shortly after she moved to the desert 11 years ago. Over the last decade we have celebrated many occasions together with our families and become very good friends. I have always been very impressed with Stella’s leadership and connection to the community. Her creativity and vast experience in the retail business sector have helped her to quickly rise to the top of the local retail, lifestyle, and fashion businesses. She has a dedicated, elevated, repeat client base, and tourists and visitors seek out her special brand of desert luxury items and clothing.
She has a deep commitment to business ownership and the partnership opportunities that it presents in the community. Stella and Rancho Relaxo continue to support local artisans and the creative economy by buying/selling their art, developing product lines, hosting events and contributing to cultural activities.
I am excited to see how Stella, through Rancho Relaxo, can bring her passion for the Coachella Valley to the Palm Springs Airport and all of the visitors who pass through the gates.
Sincerely,
Lisa Vossler Smith
760-578-5556
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SECTION A
18 REFERENCES: RANCHO RELAXO
Item 3A - Page 134
Rancho Mirage
CHAMBER
OF COMMERCE
Center (ij Valley Business
September 7, 2022
Dear City of Palm Springs,
It is my pleasure to write a letter of reference for Stella Adena for her application for the PSP Concessions business. When I learned of this RFP, I passed it along to Stella because I knew that her business Rancho Relaxo would be the perfect vehicle to welcome visitors to our resort destination.
Rancho Relaxo is both cool and relevant.
I first met Stella shortly after she opened her doors for business in November 2019. Stella has consistently demonstrated that she is collaborative and supportive of the local community. Stella was instrumental in bringing a Certified Farmer's Market to Rancho Mirage, a feat that required navigating more than a couple interpersonal dramas.
Over the past few years, I have approached Stella about participating in PR campaigns for the City of RM in the form of lnstagram Lives, Public Service Announcements and Facebook interviews. Her answer is always an enthusiastic YES when it comes to driving publicity for supporting the community.
Anyone who has the pleasure of working with Stella is lucky and I cannot wait to see what she will accomplish!
@(/tL~ 1 K~; SticJ!Jf
President/CEO
Rancho Mirage Chamber of Commerce
71905 Highway 111, Suite H, Rancho Mirage CA 92270
Office 760.568.9351 I [email protected]
www.RanchoMirageChamber.org
The Center of Valley Business.
71905 Highway 111, Suite H I Rancho Mirage, CA 92270 I (760) 568-9351 www.RanchoMirageChamber.org I www.TasteOfSummerRanchoMirage.com THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 19
SECTION A
SHANNON WESTMORE
OWNER
5% ACDBE JOINT VENTURE PARTNER
PARTNER
Joint Venture
Shannon Westmore has more than 25 years of
experience in retail development, master planning
and merchandising, leasing project management and
negotiation, market analysis and concession development.
She is responsible for leading the master planning,
merchandising, and leasing for numerous redevelopment
projects throughout the Western region and for eight
major U.S. airports including LAX, ORD, EWR, and JFK.
In early 2016, Westmore founded SPACE, a curation
and development firm focused on working with airport
disciplines, developers and landlords and connecting
them with current and relevant brands. SPACE has been
able to help her clients secure over $26 million in new business annually.
CONCESSION LOCATIONS
Shannon does not currently own or operate any
concession locations under the SPACE b/d entity. She is a 12.5% joint venture partner with Marshall Retail Group in two recently awarded retail locations at LAX, A/K Blvd and LArchmont Jct, which will open in July 2023.
REFERENCES:
Name: Joan Hanson, HR Department
Company: Unibail-Rodamco-Westfield Group
Phone #: 310-445-2411
Email: [email protected]
Name: Carlos Bernal, CEO
Company: Areas
Phone #: 818-455-2505
Email: [email protected]
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/\ CE
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SECTION A
HAROLD "GIL" JOHNSON
PRESIDENT/CEO
5% ACDBE JOINT VENTURE PARTNER
PARTNER
logo
Joint Venture
Mr. Harold G. Johnson is President/CEO and co-founder
of Procurement Concepts, Inc. (PCI). Mr. Johnson is
responsible for all aspects of the company’s business
and its operations. His executive duties include but
not limited to the day-to-day operations, profitability, cash flow, and financing growth - at the same time,
focusing the company on new markets and directions.
Mr. Johnson is also the Chief Officer responsible for the company’s quality control and customer satisfaction. PCI is already partnered with MRG in several joint venture
partnerships, including San Francisco International
Airport and Los Angeles International Airport. In addition to the airport concessions industry, PCI’s second market focus is on expanding the company’s ecommerce
retail business and the third market focus is providing professional purchasing services.
Gil and his wife Gail split their time between their homes in Palm Desert and San Diego. Gil's address is 309 San
Remo, Palm Desert, CA 92260.
REFERENCES:
Name: Glenn Meyers, CEO
Company: High Flying Foods
Address: 123 Second Street, Sausalito, CA 94965
Phone #: 415-706-8171
Email: [email protected]
PCI has a joint venture with High Flying Foods which
owns eight food and beverage concepts in the San Diego
International Airport, including national brands such as Stone Brewing Company, The Counter and local brands
such as Phil’s BBQ, Banker’s Hill Bar & Restaurant,
Pannikin Coffee & Tea, Artisan Marketplace, Elegant
Desserts and Saffron Thai.
Name: Manuel Soto III, CFO
Company: Soto & Sanchez dba I LOVE LA
Address: 13701 Cimmarron Avenue, Gardena, CA 92049
Phone #: 310-612-8708
Email: [email protected]
PCI is a joint venture partner with Pacific Gateway
Concessions (PGC), owning and operating four retail
concepts at San Diego International Airport, including
KUSI News, U.S. News & World Report, Bay Books of
Coronado, and Beach House.
Name: Kenji Wellington
Company: Duty Free Partners
Address: 1950 NW 88th Ct, Doral, FL 33172
Phone #: +52 664-520-5904
Email: [email protected]
In a joint venture partnership with Duty Free Partners, PCI owns and operates Sky Free Shop and Ritual
(opening in 2022).
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SECTION A
21 CONCESSION LOCATIONS: PROCUREMENT CONCEPTS, INC. (PCI)
CONCESSION LOCATIONS
LOCATION # OF YEARS 2019 SALES 2020 SALES 2021 SALES
KUSI, SAN 10 $4,042,368 $2,134,651 $3,022,109
US NEWS & WORLD REPORT, SAN 10 $3,199,094 $1,357,101 $3,073,968 BAY BOOKS OF CORONADO, SAN 10 $337,702 $229,335 $268,478 BEACH HOUSE, SAN 10 $350,077 $185,431 $178,197
BANKER’S HILL BAR, SAN 10 $9,224,594 $3,511,690 $7,091,243 PHIL’S BBQ, SAN 10 $5,412,701 $1,640,483 $3,819,029
ELEGANT DESSERTS, SAN 10 $530,542 $149,922 $247,495
STONE BREWERY, SAN 10 $4,263,430 $811,050 $899,784
PANNIKIN COFFEE, SAN 10 $1,928,291 $435,732 $1,293,839
ARTISAN MARKET, SAN 10 $4,811,705 $2,157,982 $4,721,247 SAFFRON THAI, SAN 10 $2,273,002 $421,665 -
THE COUNTER, SAN 10 $6,409,873 $1,774,844 $3,997,610
WHERE TRAVEL, SAN 10 $114,007 $17,338 -
APRICOT LANE BOUTIQUE, SAN 10 $392,084 $64,940 -
KIDS LOVE SAN DIEGO, SAN 10 $659,192 $129,936 -
SKY FREE SHOP (DUTY FREE), SAN 7 $1,397,291 $275,856 $59,131 MAC COSMETICS, SAN 8 $592,931 $102,781 -
RITUAL, SAN OPENING 2023
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SECTION A
PHILIPPE L. DRAY & SONIA ACEVEDO
CEO & COO
5% JOINT VENTURE PARTNER
PARTNER
Joint Venture
Duty Free Holdings, LLC (DFH) has been involved
in distribution all over the world with current airport locations in Cleveland International Airport, Baltimore/ Washington International Thurgood Marshall Airport,
and Miami International Airport. Led by founder Phillipe Dray, Duty Free Holdings aims to be the first choice in the travel retail world by virtue of the vitality and longterm outlook of an independent family-run company.
In Philippe's role as CEO for Duty Free City, a subsidiary of Duty Free Holdings, he has built a nearly 20 year career developing and managing duty free operations. Sonia
Acevedo, COO, is the creative and stylish force behind
every DFH shop. Together, Philippe and Sonia will ensure that our proposed Coachella Duty Free mobile cart will
reach operational excellence, meeting and exceeding
the airport's expectations for a retail concession.
Duty Free Holdings will be responsible for operating
Coachella Duty Free as a subtenant of the Marshall Retail Group. The company will also have 5% ownership in the
joint venture partnership.
CONCESSION LOCATIONS
LOCATION # OF YEARS 2019 SALES 2020 SALES 2021 SALES
DUTY FREE CITY
5 border locations in Texas,
3 border locations in California
5+ $3,741,273 $9,792,800 $12,256,859
REFERENCES:
Name: Antoine Bona
Company: Essence Corp
Phone #: 305-577-3773
Email: [email protected]
Name: Julian Montano
Company: J&E Montano Properties, LLC
Phone #: 760-535-8761
Email: [email protected]
Name: Sam Attisha
Company: SECVD&I Inc
Phone: 619-713-1354
Email: [email protected]
Item 3A - Page 138
DLITY FREE HOLDINGS
SECTION B
& CONCEPTS
Brands
Item 3A - Page 139
SECTION B
LEGEND
R1 - Uptown - 1,302 sq. ft.
R2 - The Pink Door - 162 sq. ft.
R3 - InMotion - 361 sq. ft.
R4 - Hey Joshua - 361 sq. ft.
R5 - Mojave Oasis - 2,197 sq. ft.
R6 - I ♥ PS - 44 sq. ft.
R7 - PSP Employee Vending - 44 sq. ft.
MOBILE DUTY FREE
(DF) - Coachella Duty Free - 48 sq. ft.
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE R2
R5
R6
DF
R4 R3
R7
R1
CONCEPTS
Proposed
1 Item 3A - Page 140
Gate 11
Gate 9
Gate 7 Gr
Gate 5 i_-
Gate 1
.,J
... ·9 Gate 8
/ ,' . . • •,•
G,ate 4
Gate 15
Gate
Gate 12 " ~
~ -·.a"- '~-- 1 ~ - ,,.
Gate 16
I -
19 SPACE: R1
1,302 SQ. FT.
Item 3A - Page 141
The Uptown Design District in Palm Springs is the
ultimate must-stop destination for shoppers seeking
midcentury modern art and vintage collectibles. Running along North Palm Canyon from Vista Chino to Alejo,
the Uptown Design District offers a little something for everyone with its mix of local boutiques, kitschy vintage, and treasures for the home. With its eye-catching
storefronts, charming housing, chic shops, collectibles, retro retail, delicious dining, antiques, galleries, boutiques, and a selection of treasures and hidden gems for the
home, it has become a not-to-be missed attraction.
Inspired by the Uptown Design District, our new 1,302
square foot travel convenience store in the Regional
Concourse, Uptown, pays homage to the city’s historic,
vintage, and colorful hotspot. Uptown will feature
souvenirs, travel essentials, books, local gifts, and grab & go items, with an emphasis on all things midcentury
modern. With a store design that captures the spirit of the Uptown Design District and the vibrant art culture
Palm Springs is known for, Uptown is sure to become a
destination unto itself at PSP.
Welcome to Uptown!
A MID-CENTURY MODERN MECCA
R1 - Uptown - 1,302 sq ft
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SECTION B
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SECTION B
4 ART MUSEUM
Palm Springs
From colorful street murals to sleek gallery spaces, monthly art walks to world-class exhibition halls, Palm Springs has its own artistic personality and cultural identity. One such artful attraction is the Palm Springs Art Museum, an innovative and forward-thinking artistic cultural center in the Coachella Valley.
Palm Springs Art Museum was founded in 1938 as the Palm Springs Desert Museum at La Plaza in downtown Palm Springs.
The museum moved several times within the downtown Palm Springs area before building its first permanent structure in 1958, located on the southwest corner of Tahquitz-McCallum Way and Indian Ave. Accredited by the American Association of Museums, the Palm Springs Art Museum now has 28 galleries, two sculpture gardens, four classrooms, resource centers, five storage vaults, an 85-seat lecture hall, a 433-seat theater, a 1,000 square foot store, and a popular local bistro. The museum remains committed to serving as an innovative community cultural center, and expanding its exhibitions, programs, and services in the visual and performing arts.
At Uptown, we are partnering with Palm Springs Art Museum to curate a selection of books, artisan-made gifts, indigenous crafts, and art that represent the region and its vibrant cultural identity.
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 143
Palm Springs
Art Museum
5 SECTION B
ON ARTISTS
Spotlight
CRAIG MANN
Mr. Mann’s Design Gallery is a local and MBE certified business specializing in art unique to the Coachella Valley. Mr. Mann’s Design Gallery is an art gallery and studio located in an industrial area colloquially named ‘South of the Airport’ due to its proximity south of Ramon and west of Gene Autry and at the end of Kirk Douglas Way. The gallery is a successful enterprise with exclusive creations of local Palm Springs resident, designer, and artist Craig Mann. The art is relatable and gets its inspiration from desert vistas, midcentury modern architecture, and local experiences.
JOHN CUEVAS
John Cuevas is a well-known Coachella Valley artist and muralist, based in Palm Desert. John’s newest project is a poster series dedicated to Coachella Valley’s nine cities. John shares, “In conversation with tourists, I find that people experience the valley more authentically when they understand that 9 cities make up the Coachella Valley, instead of calling the whole valley Palm Springs. I feel like Airbnb and Coachella (the festival held in Indio) all help to highlight this difference. I think it’s totally natural to do this though it’s part of the discovery process, like Vegas being America to visitors from other countries. My poster series will bring a more thorough, nuanced framing of our unique desert valley.”
WALKER NOBLE
As a Black owned company, one of the guiding principles for Walker Noble is that everyone should be able to enjoy art. Walker Noble Studios is a convenient and interactive space for both art enthusiasts and collectors to find pieces that cater to a wide array of tastes.
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JOHN CUEVAS WALKER NOBLE
STUDIOS
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B
6 LOCAL VENDORS
Featured
MINTY’S BREEZE BLOCKS
Breeze-Blocks are classic cinderblock elements that are found throughout Palm Springs to create a feel of midcentury modernist architecture. Minty’s Design has a passion for creating Breeze-Block themed designs. Reimagined in jewelry, apparel, housewares, and accessories, these iconic midcentury elements represent the Modernist aesthetic with a nod to our home of Palm Springs, CA.
DESERT SUPREME
Owners Kai and Eric were inspired by life in the desert when moving from the Pacific Northwest. By tapping into their combined passions, expertise, and experience, they created Desert Supreme. Desert Supreme is an apothecary line that shares the amazing plants of the desert and provides wellness for their customers. Their goal is to use clean and effective formulas that smell amazing. All the products are handmade with organic, wildcrafted or sustainable ingredients, featuring nature’s superstar desert botanicals.
RAVEN’S HEARTH
Raven’s Hearth, based in Palm Springs and owned by Leslie Sobol, is an all-natural, magical apothecary committed to healing, manifestation and intention. Her line of candles, sprays, oils, meditation kits, salves and bath products are all made by hand using Leslie’s knowledge of herbs and other healing properties.
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DESIGN
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7 SECTION B
& GO
Grab
TKB BAKERY & DELI
The coolers at Uptown will be stocked with
pre-packaged salads and sandwiches, prepackaged bakery items, and bottled and canned beverages, with a focus on sourcing
from Coachella Valley companies. TKB Bakery
& Deli will provide nutritious, locally made
grab and go specialties that meet a variety of
dietary restrictions from gluten free to vegan.
TKB was crowned “#1 Top Place to
Eat/Best Review in 2018” for Yelp.
TKB is the only restaurant to receive
a Top 5 Rating in America for four
years running!
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 146
8 • The Uptown theme supports PSP’s vision to bring a
sense of place to the airport through midcentury
modern design while delivering an exceptional
customer experience.
• The unique design encourages investigation and
curiosity, leading to longer dwell time and higher
sales.
• Uptown tells the story of the community by
featuring posters and greeting cards made by
local artists and through a partnership with local
institution, Palm Springs Art Museum.
• The addition of self-service checkout promotes
speed of service and discourages missed sales.
• Local artist displays featuring posters and greeting
cards offer passengers a piece of Coachella Valley
they can take with them to remember their trip.
• Pre-packaged and elegantly wrapped souvenirs,
ready for gift giving, add a touch of service that meets the needs of travelers pressed for time.
• Grab and go coolers are stocked to respond to dietary requirements and indulgent cravings.
WITH PSP’S GOALS
Alignment
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9 What if?
When it comes to technology, airport retail is just scratching the surface of what’s possible. For this opportunity, we’re offering PSP the option to add Just Walk Out to Uptown using
Amazon Go technology. The product mix will change slightly to accommodate the technology, while the design and Uptown theme will remain the same.
CREATING AN EFFORTLESS, UBER-FAST EXPERIENCE
Just Walk Out provides travelers with checkout-free shopping that’s effortless and uber-fast. The technology enables shoppers to simply enter the store, tap their credit card, grab what they want, and get to their flight. Travelers can also use the app that’s displayed as a QR code when they walk in. There’s no more waiting in line, wasting time in the Concourse. It’s the ultimate in speed and convenience.
Developed by Amazon, Just Walk Out technology works
through a combination of computer vision (cameras), sensor fusion, and deep learning - determining when a shopper removes something off a shelf and adds it to their virtual cart. When the shopper puts an item back, it comes out of their cart. After they leave the store, they’re only charged for the items that remain in-cart.
Powered by
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 148
In terms of merchandise, the emphasis is on FRESH
and FAST. Healthy grab & go cooler items will include:
FOOD
Sandwiches, wraps, and salads; yogurt and parfaits;
applesauce and fruit cups; protein boxes; lunchables, and cheese snacks.
DRINKS
Bottled water, vitamin water, and sodas; pressed fresh
juices; sports and energy drinks, kombucha, iced coffee, and milk.
CONVENIENCE ITEMS
In addition, PSP’s Just Walk Out provides customers
with a quick way to grab magazines and books (local and national); travel items (pillows and blankets, compression socks, sleep masks, earplugs, TSA luggage locks, motion sickness bands); and, health and beauty products
(including vitamins and supplements).
Just Walk Out is scalable, it improves operational
efficiencies, and it’s flexible in terms of fixtures, store formats, and payments. At MRG, we have made it one of
our goals to be among the first companies to deploy this new technology in North American airports.
CUSTOMERS WANT CONVENIENCE ON THEIR TERMS
With swamped schedules like never before - and the
growing acceptance of mobile ecommerce - convenience
is one of the best drivers of loyalty, perhaps along with price, the greatest driver. But, unlike the past, customers now choose brands that provide convenience in the way
they like – not the other way around. With the new Just Walk Out location at Palm Springs International, MRG
is committed to providing travelers with a wide array of healthy, popular food and drink choices - and travel
merchandise - in the most convenient format possible - all on their terms.
Marketing guru Seth Godin writes: “The ultimate way you can tell if you’ve satisfied a customer is to ask: “Would you miss us if we were gone?” We agree. Just Walk Out
is memorable; it provides a new way to shop in airports that suits our sophisticated tastes and busy lives. Based on our experience, we’re confident that once Palm
Springs passengers experience Just Walk Out, they won’t settle for any other way to grab travel essentials again.
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Item 3A - Page 149
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MERCHANDISE LIST
SNACKS/BEVERAGES
Packaged Snacks $3.99 - $11.99
Packaged Candy $3.99 - $9.99
Candy/Gum/Mints $2.99 - $7.99
Protein Bars $4.99 - $9.99
Cookies/Crackers $3.99 - $7.99
Chips/Popcorn $3.99 - $7.99
Juices $3.99 - $14.99
Kombucha $6.99 - $14.99
Bottled Water/Sodas $2.99 - $5.99
Bottled/Canned Tea & Coffee $4.99 - $14.99
Sports/Energy Drinks $2.99 - $5.99
GIFTS
Collectibles $12.95 - $89.95
Apothecary $8.95 - $49.95
Stationery, Paper Goods & Office $7.95 - $39.95
Plush/Toy $8.95 - $49.95
Palm Springs Themed Gifts $9.95 - $69.95
Gift Accessories $19.95 - $89.95
Pet Gifts $7.95 - $159.95
Candles $12.95 - $49.95
LOCAL GOURMET EDIBLES
Chocolate Bars $3.99 - $15.99
Boxed Chocolates $8.99 - $35.99
Snack Mixes/Nuts/Seeds $6.99 - $10.99
Plant Based Snacks $4.99 - $12.99
Keto Snacks $4.99 - $12.99
Gluten Free Snacks $4.99 - $14.99
Chips/Pretzels $4.99 - $9.99
Popcorn $5.99 - $14.99
Jerky $9.99 - $24.99
Other Misc. Gourmet Foods $6.99 - $17.99
SOUVENIR
Drinkware $4.95 - $34.95
Keychains/Magnets $4.95 - $9.95
Ornaments $5.95 - $29.95
Frames $8.95 - $14.95
Postcards $1.95 - $16.95
ELECTRONICS
Headphones ANC/BT $9.99 - $399.99
Earbuds BT $29.99 - $149.99
True Wireless Earbuds $39.99 - $499.99
Tech Accessories $9.99 - $199.99
TRAVEL
Luggage $50.00 - $200.00
Travel Pillow $14.99 - $59.99
Travel Blanket $4.99 - $29.99
Travel Accessories $19.99 - $109.99
Compression Socks $4.99 - $14.99
WELLNESS
Health & Beauty $1.99 - $39.99
Personal Protective Equipment $2.99 - $7.99
READ
Books $12.95 - $79.95
Magazines/Newspapers Published Price
FRESH
Sandwiches $6.99 - $15.99
Salads $6.99 - $15.99
Fruit Cups $5.99 - $9.99
Yogurt Parfaits $5.99 - $9.99
APPAREL
Destination Apparel & Accessories $19.95 - $59.95
Licensed Sports Apparel & Accessories $19.95 - $129.95
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12 GRAB & GO MENU
Working with our local supplier TKB Bakery & Deli, we
are excited to bring a high-quality menu to our PSP stores, which caters to dietary restrictions and incorporates local and organic ingredients. The grab-and-go menu below is
an example. Items will be priced 15% above street pricing.
SALADS & BOWLS
Tkb Big Salad (GF)
Kale, Romaine, Quinoa, Parmesan,
Cherry Tomatoes, Red Onions,
Chicken Breast, Italian Dressing
Power Salad (GF, V)
Braised Kale, Quinoa, Pepitas,
Sunflower Seeds, Radish, Cucumber,
Roasted Cauliflower, Vinaigrette
Buddha Bowl (V)
Sweet Potato, Radishes, Carrots, Red
Cabbage, Quinoa, Chickpeas, Baby
Spinach, Miso Tahini Dressing
SNACKS
Veggie & Hummus Snack Kit (V)
Charcuterie Snack Kit
Cookies & Baked Goods
Protein Snack Kit (GF)
Yogurt Parfait (V, GF)
Lunchables
Whole Fruit V=VEGAN GF=GLUTEN FREE Apples, Bananas, Oranges, Berry Fruit Cup
SANDWICHES & WRAPS
The Sinatra
Mayo, Mustard, Bacon, Pepperjack,
Chipotle Sauce, Salami, Turkey,
Jalapeno Focaccia Bread
Sexy Sammy Davis Jr.
Mayo, Mustard, Pesto, Italian
Dressing, Provolone, Ham, Salami,
Pepperoncini, on Parmesan Bread
Turkey Bacon Pesto
Mayo, Mustard, Pesto, Turkey,
Bacon, Provolone, French Roll
Mexican Marilyn Monroe
Mayo, Mustard, Bacon, Chipotle,
Pepperjack, Chicken Salad
Tuna Salad
Mayo, Mustard, Provolone, Albacore
Tuna Salad
Southwestern Vegan Wrap
Red Pepper Hummus, Chopped
Red Onion, Romaine, Seasoned
Quinoa, Cilantro Chickpea Wrap
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13 LOI: PALM SPRINGS ART MUSEUM
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 152
PALM SPRINGS
ART MU SE UM
September 16, 2022
Roderick I. McOwan
Chief Development Officer
Marshall Retail Group
3755 W. Sunset Road, Suite A
Las Vegas , NV 89118
RE: Letter of Intent to propose a business opportunity at Palm Springs International Airp,ort ("PSP") between Palm Springs Art Museum, Inc. ("PSAM") and The Marshall Retail Group, LLC ("MRG")
Dear Mr. McOwan:
This letter shall serve as notice of our intent to move forward with a non-exclusive agreement to permit the sale of PSAM from any concessions which may be awarded to MRG at PSP.
We are excited to work with you on these opportunities and look forward to MRG offering PSAM products at PSP. for sale to passengers and employees alike.
Yours truly,
PALM SPRINGS ART MUSEUM, INC.
Jac~ Peirce
cis:o and Deputy Director
PO Bo~ 2310, 101 Museum Drive, Palm Springs, CA 92263·2310 760-322·4800 111fa,!?'Psrnuse1Jm.org psmuse\Jln org SPACE: R2
162 SQ. FT.
Item 3A - Page 153
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Located in the Terminal Processor, The Pink Door, our
new 162 square foot automated vending zone, welcomes
arriving passengers with a playful, engaging concept open 24 hours a day.
The beloved pink door of Palm Springs (a.k.a. #thatpinkdoor), with over 10.4K tags on Instagram, has become a favorite spot of influencers, locals, and tourists who see it as a sort of shrine and the ultimate photo opportunity for their social media platforms. That pink door has shown up on everything from cookies, clothing, and costumes, to birthday parties, special events, and more. In 2015, after the owners painted the door of their new house “bubblegum pink,” no one knows how or why, it became a worldwide phenomenon; a symbol
of something beautiful, distinct, classic, and a must-see! Colored doors are different, make a dramatic impact,
and garner a huge draw, and pink is a powerful color
symbolizing fun, playfulness, and happiness. Marshall Retail Group sought a whimsical and familiar name for our 24-
hour pre-security automated retail zone that travelers will recognize and one that will appeal to a wide demographic.
For this opportunity, we are excited to bring three automated retail machines – Joshua Tree Coffee Company, Farmer’s
Fridge, and Eat & Drink – that will maximize revenue to PSP and expand food and convenience options for travelers and airport staff. We are thrilled to present Palm Springs International Airport with The Pink Door.
R2 - The Pink Door - 162 sq ft
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16 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
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COFFEE COMPANY
Joshua Tree
A self-serve coffee station proudly serving Joshua Tree Coffee Company adds to the pre-security options for travelers, airport staff and greeters.
Joshua Tree Coffee Company will be available at The Pink Door at a self-serve station, including:
• Espressos
• Lattes
• Cappuccinos
• Drip Coffee
• Macchiatos
• Hot Tea
ABOUT JOSHUA TREE COFFEE COMPANY
Joshua Tree Coffee roasts premium organic coffee for people seeking to experience a piece of the eclectic desert culture. Their specialty coffee company was born out of two simple truths: the profound positive impact of organic farming and the awe-inspiring power of Mother Nature. Sourcing only the most exceptional organic beans and roasting them in the extremes of the Mojave Desert, their small-batch roasts embody the unique, invigorating energy of the tight-knit community and its unparalleled surroundings.
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-!' JOSHUA TREE COFFEE
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17 FRIDGE
Farmer’s
Farmer’s Fridge provides fresh, healthy, individually-packaged meals. Farmer’s Fridge started with a network of smart Fridges, designed to make finding fresh and healthy meals simple. Today, the company has more than 400 Fridges all over the country in airports, hospitals, office buildings, universities and they recently launched a home delivery service. Farmer’s Fridge sources the best possible ingredients and strives to work with partners who believe in treating the employees and the environment as ethically as possible. They bring in real, whole foods to their kitchen facility, make meals from scratch and deliver them to Fridges and customers.
Each meal contains a full serving of fruit and vegetables. Here are a few delicious possibilities the Farmer’s Fridge at PSP may include: • Wraps – Napa Chickpea, Italian Turkey, Turkey, Apple & White Cheddar • Salads – Apple Pecan Chicken, Caprese. Grilled Chicken Caesar, Greek, Green Goddess, North Napa, Sesame Ginger Chopped, Smoked Cheddar Cobb, Southwest Salad with Chipotle Chicken, Turkey Cobb
• Bowls – Baja, Burrito, Falafel, Mediterranean, Pesto Pasta, Thai Noddle, Truffle Couscous Chicken
• Breakfast - Almond Butter Oats, Berries & Granola Greek Yogurt, Coconut Chia Pudding
• Snacks – White Cheddar Cheese, Chips & Guac, Chocolate Chia Pudding, Dark Chocolate Trail Mix
• Drinks – Brew Dr. Kombucha Love, La Colombe Triple Draft Latte, La Colombe Vanilla Draft Latte, Spindrift Raspberry Lime
WHY FARMER’S FRIDGE? • A user-friendly experience that has a proven track record of success in airports, as well as other non-traditional environments. • Healthy meals made from real ingredients, each with a full serving of fruit and vegetables.
• The clever packaging makes these meals mess-free and easy to transport. • Convenient automated retail platform allows customers and airport staff to avoid lines and discourage missed airport sales.
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18 SECTION B
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE This express vending machine will satisfy PSP travelers with ease, allowing passengers to get all their favorite refreshments in one place. Categories include:
• Savory snacks like chips, popcorn and crackers
• Candy and chocolates
• Gum and mints
• Beverages including soda, juices, bottled water and dairy products
• Offering a snack and drink option in this space satisfies passengers who are in a rush to catch their flight but want to have something to enjoy on the plane.
WHY EAT & DRINK VENDING?
• A mix of healthy and indulgent options that meet a variety of dietary requirements.
• Featuring locally sourced vendors; for example, Tutu’s Tortilla Chips
• Convenient automated retail platform allows customers who are in a hurry to avoid lines and discourage missed airport sales.
& DRINK
Eat
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Net Wt. 10oz (283.f95 8)
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19 For this opportunity, we’re offering PSP the option to replace any of the vending machines with Health & Wellness, our proprietary pharmacy concept featuring travel essentials. We’re providing this “what if” alternative in case a competing concept is selected for the neighboring Blank Slate space.
HEALTH & WELLNESS
For the travel essentials category, we’re proposing our own proprietary health and wellness automated retail concept. Carrying an assortment of convenient, on-the-go necessities including over-the-counter health products, popular personal care products typically sold at a pharmacy, our concept is designed to maximize convenience and meet customers where they are with on-the-go wellness solutions outside the traditional retail space. Products available in the vending machine may include: • Beauty and personal care products like shaving cream, feminine products, deodorant and makeup remover
• Over the counter remedies for allergy, coughs, colds, pain relief and digestive health
• Vitamins and supplements • Eye care, lip care and oral health care products • Children’s health and on-the-go first aid items such as bandages and antiseptic cream
• Home and office essentials such as batteries, phone chargers, earbuds, lint rollers, and stain removal sticks
• Personal protective equipment • Other travel essentials WHY HEALTH & WELLNESS VENDING? • A faster way to get on-the-go necessities conveniently. • A wide product assortment featuring health products, personal care products, and often-forgotten essentials.
• Trusted wellness and beauty brands deliver customer satisfaction and sales.
HEALTH & WELLNESS
Alternative Option
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20 SECTION B
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE We have built several relationships with automated
retail technology providers, including Aeguana.
Aeguana is the award winning automated retail
technology company that works with MRG’s parent
company, WHSmith, in multiple locations across the
U.K. Established in 2010, Aeguana has always believed in the future of ‘physical’ retail. They’re passionate about finding innovative solutions to engage customers and
deliver unique, memorable experiences. The Aeguana
team, led by founders Jason Vincent and Pambo Palas,
includes a diverse group of engineers, designers and
consultants that have extensive industry experience
within the automated retail and experiential marketing
domains. Aeguana uniquely positions itself by bringing
together mechanical engineering, electronic engineering and pure software to create seamless user experiences,
and fundamentally beautiful products. They work with
retailers to collect data on customer preferences in
order to improve their user experience, and ultimately
drive sales.
PROVIDERS
Technology
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TRAVEL & WELLNESS
Travel Accessories $2.99 - $59.99
FRESH
Wraps $9.99 - $10.99
Salads & Bowls $7.99 - $11.99
Yogurt/Chia Pudding $2.99 - $6.99
SNACKS/BEVERAGES
Snack Mixes/Nuts/Seeds $6.99 - $10.99
Gluten Free Snacks $4.99 - $14.99
Packaged Snacks $3.99 - $11.99
Candy/Gum/Mints $2.99 - $7.99
Protein Bars $4.99 - $9.99
Cookies/Crackers $3.99 - $7.99
Chips/Popcorn/Pretzels $3.99 - $9.99
Juices $3.99 - $12.99
Kombucha $6.99 - $14.99
Bottled Water/Sodas $2.99 - $5.99
Bottled/Canned Tea & Coffee $4.99 - $14.99
Sports/Energy Drinks $2.99 - $5.99
Self-Serve Coffee & Tea $2.99 - $7.99
MERCHANDISE LIST
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_
• JOSHUA TREE COFFEE
SECTION B LOI: FARMER’S FRIDGE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 22 September 19, 2022
Roderick I. McOwan
Chief Development Officer
Marshall Retail Group
3755 W. Sunset Road, Suite A
Las Vegas, NV 89118
RE: Letter of Intent to propose a business opportunity at Palm Springs International Airport (“PSP”) between Romaine Empire, Inc. dba Farmer’s Fridge (“Farmer’s Fridge”) and The Marshall Retail Group, LLC (“MRG”)
Dear Mr. McOwan:
This letter shall serve as notice of our intent to move forward with an agreement to permit the operation of a “Farmer’s Fridge” branded store offering Farmer’s Fridge products from any concessions which may be awarded to MRG at PSP.
We are excited to work with you on this opportunity and look forward to MRG opening a “Farmer’s Fridge” location at PSP, for sale of our products to passengers and employees alike.
Yours truly,
ROMAINE EMPIRE, INC.
____________________________
Sarah Rigsbee
CFO
DocuSign Envelope ID: B6308D28-25E1-4FAD-AD04-FBDEFC1FCE71 Item 3A - Page 161
FAIMEll(S
FlllaGE
SPACE: R3
361 SQ. FT.
Item 3A - Page 162
For this PSP opportunity, we are proud to present the
awarding-winning, tech-forward, cutting-edge and largest airport-based electronics retailer in the United States, InMotion. InMotion is the undisputed retail leader in airport electronics and the traveler’s top destination for electronics on the go.
InMotion has received countless industry awards and was the winner of the “Best Concessions Award, Highest Regard for Customer Service for Large Retailers” for five consecutive years by Airport Experience News (AXN). And for seven years in a row, InMotion was the only airport retailer to appear on Dealerscope’s Top 101 Consumer Electronics Retailer List.
By delivering this award-winning concept with first-class customer service, InMotion has cemented its position
as the traveler’s airport technology retailer of choice.
With over 120 stores across 43 airports in North America, InMotion is dedicated to understanding the traveler’s need to stay connected and their continued desire to experience something new. InMotion presents a new creative store
designed to bring an interactive and innovative digital experience along with an expanded product offering
to intrigue the travelers passing through Palm Springs
International Airport.
The world of airport retail will become the way customers shop in the future. InMotion is continuously seeking ways to transform an average shopping visit into an engaging and immersive experience.
Start your journey with InMotion.
L E A D I N G T H E M A R K E T P L A C E B Y L A U N C H I N G I N N O V A T I V E P R O D U C T S
AND STAYING ON THE CUTTING EDGE OF THE CONSUMER ELECTRONICS FIELD R3 - InMotion - 361 sq ft
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SONY
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A WORLD-CLASS GUEST EXPERIENCE
Creating
InMotion is designed to create an innovative environment and an exceptional in-store experience that excites customers with its modern architectural design, aesthetic, and unifying customer touchpoints. Engaging digital experiences help consumers understand how technology can impact their lives.
For the ease and convenience of travelers, InMotion showcases exciting lifestyle brands’ products and dynamic displays of exclusive and trusted global brands, including Apple, Beats, Bose, JBL, and Sony. The unparalleled wide and varied product range ensures broad appeal to all travelers. Something for everyone can be found within each store including noise canceling headphones, wireless headphones, true wireless earphones, chargers, portable speakers, fitness and wellness products, laptop bags, fashion tech accessories, business telecommuting products, portable power, and a wide array of mobile accessories.
InMotion’s latest customer research shows that hardware such as watches, phones, digital cameras, tablets and laptops are important categories for business customers and more affluent leisure travelers, centered around Apple and Samsung which accounts for over 90% of the hardware sales. In select InMotion locations across the USA, hardware categories have been added to the overall merchandise offering.
To further support the global reach and awareness of the brand, InMotion has developed a range of branded electronic accessories, which are distributed across North America in both InMotion and MRG stores, and internationally in more than 1,000 stores worldwide within WHSmith Travel and High Street stores in the UK.
InMotion’s stores are designed to create an innovative and inviting environment.
Merchandise is well lit and easily identified, and contemporary graphic headers guide customers to display categories. The consumers were in mind when designing our demonstration counters as products are presented on suede-lined trays with digital screens detailing product features. These hands-on displays encourage customers to explore and test the latest electronic products and stimulate interaction with our team.
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What a phenomenal world-class
retail experience InMotion is for our
Beats customers. You are a premium
retail experience that is almost
unparalleled anywhere. It starts with
passion, people are knowledgeable,
people care about the products and
convey that enthusiasm and passion
to the customer. What’s great about
InMotion is not only what you do day in
and day out for our in-line product, but
what you do for our new launches
and our new product experience.
- BEATS, AN APPLE SUBSIDIARY
“
”
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Through its award-winning sales and
customer service training program, together
with the next generation InMotion 2.0 store
concept design and expansive and unique
product offering, InMotion continues to
reinvent and redefine the airport electronics
shopping experience.
PERSONALIZED CUSTOMER SERVICE
InMotion is for any traveler’s lifestyle, but not all travelers are tech savvy, and those who are, demand more. At InMotion, every customer interaction is a oneon-one consultation. InMotion’s mission is for every guest’s retail needs to be met with an exciting mix of specialty retail products and digital and technology-driven experiences. In this rapidly evolving tech field, customers are often unaware of the differences between similar products. InMotion’s well-trained associates guide store visitors through hands-on demonstrations of the latest electronic innovations. For example, at the Headphone Bar, asking questions about the customer’s listening preferences and typical use of headphones allows InMotion team members to properly explain the performance distinctions of each model and make product recommendations that best suit the customer’s needs and budget. This consultation style approach builds the customer’s confidence in making the right purchasing decision and increases customer satisfaction.
InMotion’s team has more than training, experience, and courtesy - they have passion. Passion for sharing what they know about the latest technology products, passion for helping people who are unsure about their buying options, and passion to succeed! InMotion considers team members as stakeholders in the success of the business. InMotion motivates, engages, and rewards their people, and it shows every day through customer care. InMotion’s talented team enjoys working in a dynamic, high energy environment that challenges their skills while rewarding their performance.
OPERATIONAL EXCELLENCE
One of InMotion’s key goals is to ensure the products that customers most need and desire are always in stock. Every aspect of InMotion’s operation, from sales team training and to real-time inventory replenishment, has an efficiently managed system to guarantee the best possible customer experience.
It is important to continually evolve and improve to respond to the changing needs of the airport customer. For example, InMotion’s sales team is now able to utilize a new portable tablet-based system that enables purchase transactions to be completed anywhere in the store. This allows the sales team to provide a greater level of customer service, significantly increases the speed and efficiency of each transaction, and ultimately leads to an enhanced shopping experience.
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BOSE ®
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28 WHY INMOTION?
• InMotion is now the No. 1 tech retailer in the U.S. and globally.
• Offering InMotion brings tremendous customer
recognition and the ability to offer multiple brands
under one roof.
• InMotion has access to brands and products that no
other tech retailer in U.S. airports has.
• InMotion is the only airport tech retailer operating
in U.S. airports with authorization from Apple to sell
products across the full assortment of audio and
accessories and the only retailer with authorizations
in Apple Watch and iPad.
• InMotion is the exclusive physical retail partner for Raycon earbuds by Ray J.
• InMotion also offers its own branded line of products and accessories.
• InMotion has a dedicated leadership and buying
team, ensuring we have the latest products.
The World’s Leading
TECH & ACCESSORIES RETAIL STORE
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TRAVEL
Travel Accessories $19.99 - $109.99
Backpacks/Totes $9.99 - $289.99
Luggage $59.99 - $599.99
Pillows $12.99 - $64.99
ACCESSORIES*
Cases $9.99 - $129.99
Flash Drives - SD Cards - Micro SD $9.99 - $89.99
Screen Protectors $29.99 - $59.99
Cables - Adapters $14.99 - $79.99
Fashion Accessories $14.99 - $69.99
Misc. Accessories $9.99 - $49.99
Portable Bluetooth Speakers $39.99 - $499.99
Phone Cards $60.00 - $60.00
Portable Chargers $29.99 - $199.99
ELECTRONICS
Cameras $99.99 - $499.99
Headphones ANC/BT $49.99 - $999.99
Earbuds - Bluetooth $29.99 - $149.99
True Wireless Earbuds $39.99 - $499.99
Web Cams - Presenters $29.99 - $79.99
HARDWARE*
Tablets $279.99 - $1,099.99
Phones $99.99 - $499.99
Smart Watches & Wearables $129.99 - $999.99
Laptops/Notebooks $949.99 - $2,299.99
Digital Cameras $149.99 - $529.99
Health & Wellness Accessories $29.99 - $399.99
MERCHANDISE LIST
*Apple products may be offered in this store as an option at the airport’s discretion for 7% rent due to the lower margin, as assumed in our proforma.
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R4 - Hey Joshua - 361 sq ft
31 SECTION B
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Characterized by stark desert landscapes overlooking the Coachella Valley, our tribute to Joshua Tree National Park comes alive with Hey Joshua, a new 361 square foot travel convenience store inside the Bono Concourse.
Hey Joshua will showcase all of the traditional products found in a classic airport convenience store, such as magazines, bestselling books, snacks, grab-and-go foods, a host of oftenforgotten travel items, health remedies, the ideal gift or souvenir and much more. But it is our distinct, eye-catching design and a concept that is both familiar and unique that takes our convenience store from ordinary to extraordinary.
Hey Joshua is an opportunity to tell the story of Palm Springs through our unique offerings. By adding national brands, local flavor and flair, and a high-quality mix of merchandise from vendors, Hey Joshua is sure to intrigue and delight PSP passengers.
JOSHUA TREE NATIONAL PARK
A fascinating variety of plants and animals
make their homes in a land sculpted by
strong winds and occasional torrents of rain.
Dark night skies, a rich cultural history, and
surreal geologic features add to the wonder
of this vast wilderness in southern California.
“
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FROM JOSHUA TREE
With Love
In 2021, Joshua Tree National Park welcomed more than
3 million tourists. To reach Joshua Tree, known as “JT” by the locals, many visitors fly into Palm Springs International Airport, which is about 50 miles east. This ancient desert is not only known for its natural beauty, but also for its artists, makers, and creators. At Hey Joshua, we’re featuring a handful of these high desert makers – like Joshua Tree Desert Rose, Opal Atlas, Molly Moon, Joshua Tree
Candle Co., and more – to differentiate from our other
retail stores and create a merchandising storyline that ties in with the design of the space. The merchandising plan includes regular product rotation and the introduction of new items throughout the year.
Other items travelers can find include reading material, often forgotten travel accessories, sundries, greeting cards, and a wide variety of snacks and beverages. The grab and go cooler responds to dietary requirements and features a menu of high-quality, pre-packaged specialties from
national, regional, and local vendors, including TKB
Bakery & Deli. Nutritious, delicious, and made with local ingredients, the grab and go specialties offer appeal to the PSP passenger.
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33 JT VENDORS
Featured
JOSHUA TREE DESERT ROSE
Joshua Tree Desert Rose is inspired by the magnificent Joshua Trees, the wild desert, and the eternal skies. The small batch body products and candles are made with organic ingredients that enrich and enhance your skin and spiritual life. If you are off to a new start, or setting your best intention, you are bound to find something in Joshua Tree Desert Rose.
OPAL ATLAS
Based in Joshua Tree, Opal Atlas makes souvenirs dedicated to their home turf, the high desert surrounding Joshua Tree National Park. Opal Atlas is owned and operated by Marlene Dunlevy, who moved to Joshua Tree six years ago and has been inspired by her desert home.
MOLLY MOON CRAFTS
In 2021, owner Molly of Molly Moon Crafts was tired of being stuck at home and figured it was time to fill her time with something fun. In late April 2021, Molly poured her first batch of candles and before she knew it, Molly Moon Crafts ended up in the hands of a few local small business owners.
Molly quickly became apart of the Coachella Valley Community selling her fun shaped candles, container candles, sprays, body care products, and skate wax.
JOSHUA TREE CANDLE CO.
Joshua Tree Candles are hand poured in small batches to ensure the highest quality. The candles are locally made with premium blended so wax, fine fragrance oils, and cotton-core wicks. The owners Kurt and Suzette, residents of Joshua Tree, set out to bring you a true desert gem.
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- ___ --::,.-__ - - --~~ --=- . -~:. - ·-:-'.;.· _ .. ~-~ -- 34 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
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CUSTOMER NEEDS
Meeting
The Hey Joshua theme creates a great customer
experience by bringing the outdoors to the inside of the airport using powerful imagery and engaging design.
• Eye-catching displays with unique local
product encourage investigation and sales.
• The grab & go cooler is stocked to respond to
dietary requirements and indulgent cravings.
• The addition of two self check out stations
enhances the customer experience and promotes
speed of service.
• Joshua Tree themed items tie together the design
and product selection, creating a memorable
customer experience.
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Joshua Tl'189 D sert Ro
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MERCHANDISE LIST
SNACKS/BEVERAGES
Packaged Snacks $3.99 - $11.99
Packaged Candy $3.99 - $9.99
Candy/Gum/Mints $2.99 - $7.99
Protein Bars $4.99 - $9.99
Cookies/Crackers $3.99 - $7.99
Chips/Popcorn $3.99 - $7.99
Juices $3.99 - $14.99
Kombucha $6.99 - $14.99
Bottled Water/Sodas $2.99 - $5.99
Bottled/Canned Tea & Coffee $4.99 - $14.99
Sports/Energy Drinks $2.99 - $5.99
LOCAL GOURMET EDIBLES
Chocolate Bars $3.99 - $15.99
Snack Mixes/Nuts/Seeds $6.99 - $10.99
Plant Based Snacks $4.99 - $12.99
Keto Snacks $4.99 - $12.99
Gluten Free Snacks $4.99 - $14.99
Chips/Pretzels $4.99 - $9.99
Popcorn $5.99 - $14.99
Jerky $9.99 - $24.99
Other Misc. Gourmet Foods $6.99 - $17.99
SOUVENIR
Drinkware $4.95 - $34.95
Keychains/Magnets $4.95 - $9.95
Ornaments $5.95 - $29.95
Frames $8.95 - $14.95
Postcards $1.95 - $2.95
TRAVEL & WELLNESS
Health & Beauty $1.99 - $39.99
Personal Protective Equipment $2.99 - $7.99
Travel Essentials $2.99 - $59.99
GIFTS
Stationery, Paper Goods & Office $7.95 - $39.95
Palm Springs Themed Gifts $9.95 - $69.95
Local Gifts $19.95 - $89.95
READ
Books $12.95 - $79.95
Magazines/Newspapers Published Price
FRESH
Sandwiches $6.99 - $15.99
Salads $6.99 - $15.99
Fruit Cups $5.99 - $9.99
Yogurt Parfaits $5.99 - $9.99
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36 GRAB & GO MENU
Working with our local supplier TKB Bakery & Deli, we
are excited to bring a high-quality menu to our PSP stores, which caters to dietary restrictions and incorporates local and organic ingredients. The grab-and-go menu below is
an example. Items will be priced 15% above street pricing.
SALADS & BOWLS
Tkb Big Salad (GF)
Kale, Romaine, Quinoa, Parmesan,
Cherry Tomatoes, Red Onions,
Chicken Breast, Italian Dressing
Power Salad (GF, V)
Braised Kale, Quinoa, Pepitas,
Sunflower Seeds, Radish, Cucumber,
Roasted Cauliflower, Vinaigrette
Buddha Bowl (V)
Sweet Potato, Radishes, Carrots, Red
Cabbage, Quinoa, Chickpeas, Baby
Spinach, Miso Tahini Dressing
SNACKS
Veggie & Hummus Snack Kit (V)
Charcuterie Snack Kit
Cookies & Baked Goods
Protein Snack Kit (GF)
Yogurt Parfait (V, GF)
Lunchables
Whole Fruit V=VEGAN GF=GLUTEN FREE Apples, Bananas, Oranges, Berry Fruit Cup
SANDWICHES & WRAPS
The Sinatra
Mayo, Mustard, Bacon, Pepperjack,
Chipotle Sauce, Salami, Turkey,
Jalapeno Focaccia Bread
Sexy Sammy Davis Jr.
Mayo, Mustard, Pesto, Italian
Dressing, Provolone, Ham, Salami,
Pepperoncini, on Parmesan Bread
Turkey Bacon Pesto
Mayo, Mustard, Pesto, Turkey,
Bacon, Provolone, French Roll
Mexican Marilyn Monroe
Mayo, Mustard, Bacon, Chipotle,
Pepperjack, Chicken Salad
Tuna Salad
Mayo, Mustard, Provolone, Albacore
Tuna Salad
Southwestern Vegan Wrap
Red Pepper Hummus, Chopped
Red Onion, Romaine, Seasoned
Quinoa, Cilantro Chickpea Wrap
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MOJAVE
C >OJS-
Greater Palm Springs is home to a myriad of worldclass wellness experiences that promote tranquility and rejuvenation. From equine therapy to sound baths and
salt rooms, this desert oasis has everything needed to
ease mind, body, and spirit. Set within the foothills of the Santa Rosa and San Jacinto Mountains, which rise
dramatically on the horizon, Palm Springs offers travelers a true respite for travelers seeking supreme comfort.
In the spirit of serenity, Mojave Oasis, our new 2,197 square foot multi-concept retail marketplace located in the Bono Concourse seamlessly combines a travel convenience and
specialty retail store to create an experience that, amid busy travel, is the difference between a relaxing experience and a stressful ordeal.
With a theme that embodies the four R’s – refresh, renew, rejuvenate, and restore – Mojave Oasis will appeal to a broad demographic, from the bachelors and bachelorettes renting out a VRBO for the weekend, to the retired couple enjoying a golf course and spa for the weekend. The
specialty retail offered at Mojave Oasis will focus on breezy resort wear and accessories, golf apparel, spa-quality selfcare products, and locally made gifts. Customers can also find travel essentials grab & go items, reading materials, tech accessories, convenience items and even a coffee
and ice cream truck.
R5 - Mojave Oasis - 2,197 sq ft
38 SECTION B
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39 Mojave Oasis is laid out much like a city with neighborhoods, and our neighborhoods are called Fashion, Fashion Accessories, Golf, Spa, Gift, Destination, Community, Read, Fresh, and Travel. These areas create a connecting map, each with a series of elements, landmarks, materials, lighting, and shopping texture. As a special bonus, we’re maximizing use of the outdoor space by creating a Backyard Retreat that features our Coffee & Ice Cream truck, stylish seating and an Instagrammable mural.
Upon entering Mojave Oasis, travelers are filled with a sense of excitement and curiosity as they view all that the store has to offer, including multiple shop-in-shop concepts. There is a science to product placement within our neighborhood approach to the retail environment, and based upon our experience, we have created a seamless way to guide the traveler on a path to purchase. Our product layout and displays are strategically placed adjacent to categories with impulse purchasing in mind. These adjacencies speak to different types of travelers with varied interests in local gifts, beauty, wellness, books and more. The addition of self-check-out will give travelers in a hurry an easy, in-and-out experience.
On the following pages, we are excited to showcase a myriad of local, regional, national and global brands within each product category.
The products available in each “neighborhood” at Mojave Oasis are selectively curated and developed to create a remarkable shopping experience that travelers expect to find at PSP – one that is authentic, personalized, and engaging enough to encourage them to return.
Welcome to Mojave Oasis at PSP!
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GUIDE YOU
Let Us
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40 For the Women’s Fashion & Accessories neighborhood, we are excited to present a myriad of regional and national brands to have a little something for everyone passing through Mojave Oasis.
WOMEN’S APPAREL
TRINA TURK
Trina Turk is a beloved Palm Springs icon, with a highly successful flagship store located on Palm Canyon Drive. Trina Turk clothing is inspired by the multicultural mix, creativity, craftsmanship, architecture, and landscape of California - a synergy that permeates the contemporary, colorful aesthetic of her women’s clothing line. Trina Turk style incorporates beautiful fabrications and impeccable quality for effortless and carefree glamour, ready for your next vacation, weekend brunch, or any event on your calendar.
ELAN
Since 1991, ELAN has catered to the fashionista who’s fueled as much with ambition as she is by adventure. From bohemian resort wear to cozy attire, each collection is designed to give women the closet of their dreams, curated with clothes that give them the confidence to chase their own.
FENINI
Established by two sisters in Southern California, Fei and Sandra Yang, Fenini is proudly designed and manufactured in Southern California with high standards, ensuring the best quality goes to those that love wearing Fenini. Fenini is about style and comfort. It is for the modern woman who enjoys life, fun, art, beauty, and comfort, all key to the Fenini lifestyle.
FASHION
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41 SECTION B
JEWELRY
MARLA
MarLA Studio creates jewelry and leather accessories that strongly elevate your every look with confidence and effortless cool. Designed by Marla Wallerstein, each and every piece is hand crafted with meaning and intention. The jewelry is made with environmentally sensitive practices and recycled metals that arrives in beautiful, biodegradable, minimally processed, recyclable packaging.
SUNGLASSES
MAUI JIM
Maui Jim got its start in 1980 as a small company selling sunglasses on the beach in Lahaina, Hawaii. Seeing a need in the market for technology that could combat intense glare and harmful UV while bringing the brilliant colors of the island to life, they engineered the revolutionary PolarizedPlus2® lens. They now offer over 125 styles of sunglasses, 100% of which are polarized and protect from 100% of UVA and UVB rays.
RAY BAN
Ray-Ban is a leader in sun and prescription eyewear for generations providing timeless style, authenticity and premium lenses and frames. MRG has had preliminary conversations with Ray Ban with the intention of carrying them within Mojave Oasis at Palm Springs. The brand will confirm participation after the bid is awarded.
HATS
WALLAROO
Wallaroo’s vision is to create functional, fashionable hats that are comfortable, packable, and effortless to wear—and to bring on all your travels. As a leader in the sun-protective hat industry and a certified B Corporation, Wallaroo’s hats are tested and rated according to the UV radiation blocking capabilities of materials used in the construction of each hat.
FASHION ACCESSORIES
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,
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42 Often referred to as the “golf capital of the world,” the Greater Palm Springs area is home to more than 100 golf courses. For the golf lovers, of which there are many flying through PSP, we’re excited to showcase these popular golf brands.
TRAVIS MATHEW
Founded in 2007, TravisMathew draws its inspiration from the culture and lifestyle of Southern California’s surf, sand, and sun. As a premier men’s lifestyle brand, TravisMathew has created versatile, everyday apparel that seamlessly transitions from work to play. With a smart blend of performance and innovative design, each product is crafted to achieve a perfect balance between functional comfort and superior style.
BLACK CLOVER
Established in 2008, Black Clover is a lifestyle apparel company with a vision rooted in living life to the fullest. Every premium hat, polo and accessory is designed to inspire and invite its owner to enjoy life, to embrace every day, to “Live Lucky”!
ADIDAS
The largest sportswear manufacturer in Europe and the second largest in the world after Nike, Adidas is a globally recognized brand.
Worn by pro golfers such as Dustin Johnson, Collin Morikawa, and Xander Schauffele, Adidas Golf manufactures golf clothing, shoes and accessories.
GOLF
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43 SECTION B
Built upon a myriad of products and services that make people look and feel their best, the natural and organic personal care products market is a relevant, multibillion-dollar consumer category on a continual upward trajectory expected to reach a market value of $805 billion by 2025. For this reason, we are excited to showcase a local beauty brand for PSP.
THE BODY DELI
The Body Deli, based in Palm Desert, actually started in the kitchen more than 20 years ago (hence the “deli” part of the name) and pioneered the “raw beauty” industry, using organic superfoods such as blueberries, kale, cantaloupe, pink grapefruit and carrots to pack all of their products with pure, powerful micronutrients that nourish and transform the skin. At its shop in Palm Desert, The Body Deli handcrafts premium quality skin & haircare products in small batches daily in their state-ofthe-art cosmetic kitchen. Their products deliver real results because they use the purest and most potent raw and organic superfoods available.
The Palm Springs Spa Collection is perfect for visitors who want to take a piece of Greater Palm Springs home with them.
The line was specifically created to encapsulate the desert’s vibe, incorporating locally grown citrus and dates.
SPA
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TME BODY DELt ...................... fresh superfood skincare ····················· ""- --. - ~... , \: ' -•• '!, .-~· -
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44 At Mojave Oasis, guests can find a collection of unique and local gifts that celebrate the Coachella Valley, including apothecary goods, candles, home décor, plush toys, games, pet accessories, apparel, accessories, stationery, books, and collectibles.
Here, we introduce a variety of unique, hand-crafted gifts created from a local community of artisans, artists, and designers that best represent the local culture to travelers at PSP. In addition to the local suppliers we have identified here, our buyers will continue to seek out new suppliers by attending market shows and comp shopping local stores. We will also rely on our local ACDBE partners to continue to curate new local brands.
MOJAVE MOON APOTHECARY
Founded in 2020 somewhere between the sprawling landscapes of Los Angeles and the windswept panoramas of the Mojave Desert, Mojave Moon Apothecary is a small woman-owned business. Created as a love letter to the sights and smells of Southern California, owner Heather B. draws inspiration from new age shops and botanicas. She takes sacred materials and herbs and reimagines them to honor the historical and cultural significance of materials. Mojave Moon Apothecary focuses on organic oils, sustainable sourcing and recyclable, reusable packaging wherever possible.
RAPPI PALM SPRINGS
Palm Springs newest lifestyle brand, Rappi Palm Springs is a collection of illustrated graphic tees that feature Rappi enjoying the Palm Springs lifestyle. Rappi is a fun-loving, fashionable girl who enjoys everything Palm Springs has to offer. The collection is updated monthly with new illustrations.
CLUB TIME WARP
In 2017 Jen took a trip to a time warp town called Palm Springs. This trip changed everything about her art. Every piece she makes is inspired by the desert in some way. She is a firm believer in what people say, “the desert is magic”. Club Time Warp features modern art pieces with a nostalgic twist. The collection is made up of landscape resin sculptures and decor that capture the magic of the desert.
GIFT
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45 SECTION B
Rancho Relaxo is a celebration of the desert – her mystery and beauty – and the deep connection to the Coachella Valley. It is a destination that is, and has always been, part of the cultural zeitgeist. In November 2019, owner Stella Adena, and one of our ACDBE partners for this proposal, opened the doors to Rancho Relaxo in Rancho Mirage with a mission to humanize retail. With the belief that style is an expression of your character and spirit, Rancho Relaxo knows that personal style is worth celebrating and that looking good has transformative powers.
Rancho Relaxo will open its second location in October 2022 at The Gardens on El Paseo.
Rancho Relaxo, a brand that exemplifies the modern desert lifestyle, will carry a variety of branded and locally-made items, such as t-shirts, hats, greeting cards, key chains, magnets, totes, doggie bandanas, onesies, drinkware, and more. An expert in merchandising and retail, Stella is constantly innovating new products!
RANCHO RELAXO
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 2021 BEST OF PALM SPRINGS AWARD WINNER
Best Décor, Furniture, Housewares
Best Gifts/Souvenirs
Best Modern Fashion
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RANCHO ::
RELAXO
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46 Souvenirs remain a very strong category in airport sales as they represent the perennial go-to gift and lasting memory of a traveler’s journey. In addition to the locally sourced items highlighted in the destination zone, we will carefully design and produce unique souvenirs that go beyond the traditional airport gift shop find. Product categories may include:
THICK AS THIEVES
Thick as Thieves started in 2017 by a husband and wife team that moved from the midwest to beautiful Palm Springs.
They created a highly curated shop of handmade goods, gifts, clothing, oddities and unique finds. Their store was named 1 of 50 Best Home Stores in America by House Beautiful Magazine.
They’ve also been honored to be included in Goop’s Travel Guide as Best Shops in Palm Springs.
DESTINATION • Coozies • Travel Mugs • Water Bottles • Key Rings • Magnets • Playing Cards • Shot Glasses • Stickers • Greeting Cards • Calendars • Ornaments • Pins • Totes • Branded Sports Merchandise • T-shirts • Hats & Ballcaps • Child & Youth Apparel • Socks • Pet Accessories Item 3A - Page 185
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 47 Community partnerships are an important part of our stores to keep up with what’s happening in the area and create a sense of place. We’re proud to partner with Palm Springs Life and The Living Desert to tell the story of Greater Palm Springs of the area through visual displays and merchandise that educate and engage passengers about the history and importance
this desert oasis represents.
PALM SPRINGS LIFE
Palm Springs Life Magazine celebrates the Southern California desert lifestyle by offering sophisticated content to an affluent audience of residents and visitors. As an institution, Palm Springs Life is the past, present, and future not only for Palm Springs but the entire Coachella Valley.
THE LIVING DESERT
The Living Desert Zoo and Gardens is a nonprofit, accredited member of the Association of Zoos and Aquariums, ensuring the highest standards of all aspects of animal care, education, conservation, public service, and operations. The Zoo is active in conservation research, habitat protection, breeding programs and education initiatives around the world, as well as in its own community. The Zoo has been a top attraction in the Palm Springs area for more than 50 years.
COMMUNITY
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PALM SPRINGS LIFE
48 SECTION B
Consumers are becoming increasingly passionate about wanting to know where their food comes from, seeking avenues to eat, drink and shop local. We strive to find unique, quality, fresh food and drink items that are locally made to satisfy consumer preferences.
Our seasoned team works alongside small and medium-sized vendors to help bring them to market.
CHEF CRAFTED GRAB & GO
We’re thrilled to partner with TKB Bakery & Deli to bring a chef crafted grab & go menu to PSP. Our grab & go coolers will cater to dietary restrictions and will be stocked with delicious sandwiches, wraps, and salads, yogurt and parfaits, fruit cups, protein boxes and cheese snacks.
TKB BAKERY & DELI
TKB (The Kid’s Business) originated in 1991 in the home of Athena and Paul Sippel (Mom & Dad) in Rancho Mirage, California.
Brandon, Nathan, and Melina (The Kid’s) would go from house to house selling Athena’s healthier alternative cookie dough. Now, 20 years later, “The Kids” have grown up and lead one of the most successful bakery & delis in America. TKB is a unique restaurant.
The food, atmosphere, and family environment are something that everyone should experience. TKB was crowned “#1 Top Place to Eat/Best Review in 2018” for Yelp. TKB is the only restaurant to receive a Top 5 Rating in America for four years running! FRESH
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 187
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SECTION B
49 GOURMET FOOD
We have partnered up with the Palm Springs Certified Farmers’ Markets to help us curate a selection of local gourmet foods and snacks made by local entrepreneurs and small businesses, including toffee, date snacks and honey. Other items in this category include gourmet chocolate, boxed chocolate, trail mix, nuts, seeds, plant based snacks, keto snacks, gluten free options, popcorn, spices and jerky.
PALM SPRINGS CERTIFIED FARMERS’ MARKETS
Every Saturday morning beginning at 8 am, the Palm Springs Certified Farmers’ Market brings local farmers and vendors together to showcase the fruits of their labor. During October through May, the market is outdoors at the Palm Springs Cultural Center, who also helps sponsor the event. In warmer months it moves indoors to the Palm Springs Pavilion.
PACKAGED SNACKS & SWEETS
Chips, candy, chocolate bars, protein and breakfast bars, popcorn, dried fruit, nuts, and more.
BOTTLED BEVERAGES
Bottled water, vitamin water, sodas, fresh pressed juices, sports and energy drinks, kombucha, coffee, tea, and milk.
FRESH
Item 3A - Page 188
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BLOSSOMS
Pire All Natural Row
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50 SECTION B
Along with offering a wide array of local favorites and nationally recognized travel convenience necessities, we will also offer bookstore collection to include newspapers, magazines, periodicals and bestselling books.
NEWSPAPERS
Local, national, and international daily/weekly newspapers will be sold at list price.
MAGAZINES & PERIODICALS
An expansive selection of over 30 categories and up to 300 magazine titles will be sold at list price, including: Automotive, Business & Finance, Children, Puzzles, Activity Books, Computer, Gaming, Entertainment, Ethnic, Family, Parenthood, Home, Men’s & Women’s Fashion, Special Interest, Gourmet Food & Wine, Home & Garden, Men’s & Women’s Interest, Music, News & Politics, Regional, Sports, Fitness, Health, Outdoors, Teen, and Travel.
BOOKS
A carefully curated selection of bestselling books plus.
READ
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 189
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
51 For the travel category, Mojave Oasis will carry an assortment of convenient, on-the go necessities including over-the-counter health products and popular personal care products typically sold at a pharmacy. • Health and personal care products • Trusted wellness and beauty brands • Travel pillows, blankets and compression socks • Tech accessories such as chargers and headphones.
TUMI
TUMI is the leading international travel, business, and lifestyle accessories brand. They manufacture high-end suitcases, bags, and essentials for travel and are synonymous with luxury, style, and success. They aim for simple design elegance with premium functionality. The technical innovation, the attention to detail, the quality of material used, and their durability make them highly sought after.
TRAVEL
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52 SECTION B
The 238 square foot outdoor area included in this footprint gives us an opportunity to create a unique customer experience for travelers through PSP. We’re excited to propose a seasonal COFFEE & ICE CREAM truck, proudly serving Joshua Tree Coffee and Ice Cream & Shop(pe), open from October through April. Elevated seating and an artists mural elevate PSP’s new backyard retreat.
COFFEE + ICE CREAM TRUCK
Joshua Tree Coffee roasts premium organic coffee for people seeking to experience a piece of eclectic desert culture. Joshua Tree Coffee Company was born out of two simple truths: the profound positive impact of organic farming and the awe-inspiring power of Mother Nature. Sourcing only the most exceptional organic beans and roasting them in the extremes of the Mojave Desert, Joshua Tree Coffee’s small-batch roasts embody the unique, invigorating energy of our tight-knit community and its unparalleled surroundings.
The Ice Cream & Shop(pe), started by Athalie LaPamuk, is a combination ice cream parlor and gift shop located at the Arrive Hotel in Palm Springs. This snazzy ice cream parlor and shop serves up haute flavors like champagne and sells locally inspired gifts. Athalie appeared on Palm Springs Life Magazine’s 40 under Forty list in 2018.
ANGEL WINGS MURAL
As part of the unique design, colorful, eye-catching, human-sized angel wings, will be a huge draw and a welcome photo opportunity for travelers of PSP. “The Global Angel Wings Project” was created by the world-famous artist Colette Miller in 2012 in the streets of Los Angeles “to remind humanity that we are all angels of this earth.”
THE BACKYARD RETREAT
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 191
~ JOSHUA TREE COFFEE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
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SNACKS/BEVERAGES
Packaged Snacks $2.99 - $12.99
Packaged Candy $2.99 - $6.99
Candy/Gum/Mints $2.99 - $7.99
Protein Bars $4.99 - $9.99
Cookies/Crackers $3.99 - $7.99
Chips/Popcorn $3.99 - $7.99
Juices $3.99 - $12.99
Kombucha $6.99 - $14.99
Bottled Water/Sodas $2.99 - $5.99
Bottled/Canned Tea & Coffee $4.99 - $14.99
Sports/Energy Drinks $2.99 - $9.99
Self-Serve Coffee & Tea $2.99 - $7.99
GIFTS
Collectibles $12.95 - $89.95
Apothecary $8.95 - $49.95
Home Décor Accessories $12.95 - $89.95
Stationery, Paper Goods & Office $7.95 - $39.95
Plush/Toy $8.95 - $49.95
Palm Springs Themed Gifts $9.95 - $69.95
Candles $12.95 - $49.95
FASHION
Women’s Fashion & Resort Apparel $34.90 - $299.90
Men’s Fashion & Resort Apparel $25.00 - $399.00
Destination Apparel & Accessories $19.95 - $59.95
Licensed Sports Apparel & Accessories $19.95 - $129.95
Handbags & Totes $30.00 - $150.00
Sunglasses $25.00 - $300.00
Jewelry $35.00 - $250.00
Hats $16.95 - $49.95
LOCAL GOURMET EDIBLES
Chocolate Bars $3.99 - $35.99
Boxed Chocolates $8.99 - $35.99
Snack Mixes/Nuts/Seeds $6.99 - $13.99
Plant Based Snacks $4.99 - $12.99
Keto Snacks $4.99 - $12.99
Gluten Free Snacks $4.99 - $12.99
Chips/Pretzels $4.99 - $9.99
Popcorn $5.99 - $14.99
Jerky $9.99 - $24.99
Ice Cream $5.95 - $12.95
Other Misc. Gourmet Foods $6.99 - $17.99
SOUVENIR
Drinkware $4.95 - $34.95
Keychains/Magnets $4.95 - $9.95
Ornaments $5.95 - $29.95
Frames $8.95 - $14.95
Postcards/Calendars $1.95 - $16.95
BEAUTY
Moisturizers $11.00 - $32.00
Lip Care $11.00 - $17.00
Soaps $11.00 - $14.00
Scrubs $14.00 - $46.00
Perfume Mists $25.00 - $90.00
Cleansers & Masques $14.00 - $28.00
TRAVEL
Luggage $50.00 - $200.00
Travel Pillow $14.99 - $59.99
Travel Blanket $4.99 - $29.99
Travel Accessories $19.99 - $109.99
Compression Socks $4.99 - $14.99
WELLNESS
Health & Beauty $1.99 - $39.99
Personal Protective Equipment $2.99 - $7.99
READ
Books $12.95 - $79.95
Magazines/Newspapers Published Price
FRESH
Sandwiches $6.99 - $15.99
Salads $6.99 - $15.99
Fruit Cups $5.99 - $9.99
Yogurt Parfaits $5.99 - $9.99
53 MERCHANDISE LIST
Item 3A - Page 192
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
54 GRAB & GO MENU
Working with our local supplier TKB Bakery & Deli, we
are excited to bring a high-quality menu to our PSP stores, which caters to dietary restrictions and incorporates local and organic ingredients. The grab-and-go menu below is
an example. Items will be priced 15% above street pricing.
SALADS & BOWLS
Tkb Big Salad (GF)
Kale, Romaine, Quinoa, Parmesan,
Cherry Tomatoes, Red Onions,
Chicken Breast, Italian Dressing
Power Salad (GF, V)
Braised Kale, Quinoa, Pepitas,
Sunflower Seeds, Radish, Cucumber,
Roasted Cauliflower, Vinaigrette
Buddha Bowl (V)
Sweet Potato, Radishes, Carrots, Red
Cabbage, Quinoa, Chickpeas, Baby
Spinach, Miso Tahini Dressing
SNACKS
Veggie & Hummus Snack Kit (V)
Charcuterie Snack Kit
Cookies & Baked Goods
Protein Snack Kit (GF)
Yogurt Parfait (V, GF)
Lunchables
Whole Fruit V=VEGAN GF=GLUTEN FREE Apples, Bananas, Oranges, Berry Fruit Cup
SANDWICHES & WRAPS
The Sinatra
Mayo, Mustard, Bacon, Pepperjack,
Chipotle Sauce, Salami, Turkey,
Jalapeno Focaccia Bread
Sexy Sammy Davis Jr.
Mayo, Mustard, Pesto, Italian
Dressing, Provolone, Ham, Salami,
Pepperoncini, on Parmesan Bread
Turkey Bacon Pesto
Mayo, Mustard, Pesto, Turkey,
Bacon, Provolone, French Roll
Mexican Marilyn Monroe
Mayo, Mustard, Bacon, Chipotle,
Pepperjack, Chicken Salad
Tuna Salad
Mayo, Mustard, Provolone, Albacore
Tuna Salad
Southwestern Vegan Wrap
Red Pepper Hummus, Chopped
Red Onion, Romaine, Seasoned
Quinoa, Cilantro Chickpea Wrap
Item 3A - Page 193
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SECTION B LOI: PALM SPRINGS LIFE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 55 September 16, 2022
Roderick I. McOwan
Chief Development Officer
Marshall Retail Group
3755 W. Sunset Road, Suite A
Las Vegas, NV 89118
RE: Letter of Intent to propose a business opportunity at Palm Springs International Airport ("PSP") between Desert Publications, Inc. dba Palm Springs Life and The Marshall Retail Group, LLC ("MRG")
Dear Mr. McOwan:
This letter shall serve as notice of our intent to move forward with a non-exclusive agreement to permit the sale of Palm Springs Life from any concessions which may be awarded to MRG at PSP.
We are excited to work with you on these opportunities and look forward to MRG offering Palm Springs Life products at PSP, for sale to passengers and employees alike.
Yours truly,
Item 3A - Page 194
PALM SPRINGS LIFIE.
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SPACE: R6
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Item 3A - Page 195
R6 - I ♥ PS, - 44 sq ft
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 57
SECTION B
I♥ PS, our new proposed automated retail zone
located in the Bono Concourse, is a 44 square foot
space featuring multiple vending options.
A design to reflect the Palm Springs area and
lifestyle, a mural by Southern California artist Peter
Tigler will come to life through interactive finger
painting! Passengers can select a small paint-filled
cup to match a number on the canvas, paint the
canvas with their finger, and be a part of PSP history! Peter will personally be at the airport to set up the
cups with different paint colors and help make this
experience a joy for passengers and employees of
PSP. If not complete the first time, Peter is committed to come back to PSP for a second event or even
finish the canvas himself. MRG looks forward to the
finished product being installed to add a little more
PS personality to this vending area.
For this opportunity, we are excited to bring two
automated retail machines – Health & Wellness
and Eat & Drink – that will maximize revenue to the
airport and expand food and convenience options
for travelers.
‘Greetings’ Mural in Palm Springs by Peter Tigler
Item 3A - Page 196
58 For the travel essentials category, we’re proposing our own proprietary health and wellness automated retail concept. Carrying an assortment of convenient, on-the-go necessities including over-the-counter health products, popular personal care products typically sold at a pharmacy, our concept is designed to maximize convenience and meet customers where they are with on-the-go wellness solutions outside the traditional retail space. Products available in the vending machine may include:
• Beauty and personal care products like shaving cream, feminine products, deodorant and makeup remover
• Over the counter remedies for allergy, coughs, colds, pain relief and digestive health
• Vitamins and supplements
• Eye care, lip care and oral health care products
• Children’s health and on-the-go first aid items such as bandages and antiseptic cream
• Home and office essentials such as batteries, phone chargers, earbuds, lint rollers, and stain removal sticks
• Personal protective equipment
• Other travel essentials
WHY HEALTH & WELLNESS?
• A faster way to get on-the-go necessities conveniently. • A wide product assortment featuring health products, personal care products, and often-forgotten essentials.
• Trusted wellness and beauty brands deliver customer satisfaction and sales.
& WELLNESS
Health
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
Item 3A - Page 197
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
59 & DRINK
Eat
This express vending machine will satisfy PSP travelers with ease, allowing passengers to get all their favorite refreshments in one place.
Categories include: • Savory snacks like chips, popcorn and crackers • Candy and chocolates • Gum and mints • Beverages including soda, juices, bottled water and dairy products Offering a snack and drink option in this space satisfies passengers who are in a rush to catch their flight but want to have something to enjoy on the plane.
WHY EAT & DRINK? • A mix of healthy and indulgent options that meet a variety of dietary requirements.
• Featuring locally sourced vendors; for example, CrushCrush Cookies.
• Convenient automated retail platform allows customers who are in a hurry to avoid lines and discourage missed airport sales.
Item 3A - Page 198
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 60
SECTION B
We have built several relationships with automated
retail technology providers, including Aeguana.
Aeguana is the award winning automated retail
technology company that works with MRG’s parent
company, WHSmith, in multiple locations across the
U.K. Established in 2010, Aeguana has always believed in the future of ‘physical’ retail. They’re passionate about finding innovative solutions to engage customers and
deliver unique, memorable experiences. The Aeguana
team, led by founders Jason Vincent and Pambo Palas,
includes a diverse group of engineers, designers and
consultants that have extensive industry experience
within the automated retail and experiential marketing
domains. Aeguana uniquely positions itself by bringing
together mechanical engineering, electronic engineering and pure software to create seamless user experiences,
and fundamentally beautiful products. They work with
retailers to collect data on customer preferences in
order to improve their user experience, and ultimately
drive sales.
PROVIDERS
Technology
Item 3A - Page 199
••• aeguana
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
TRAVEL & WELLNESS
Travel Accessories $2.99 - $59.99
Health & Wellness $1.99 - $19.99
SNACKS/BEVERAGES
Snack Mixes/Nuts/Seeds $6.99 - $10.99
Gluten Free Snacks $4.99 - $14.99
Packaged Snacks $3.99 - $11.99
Candy/Gum/Mints $2.99 - $7.99
Protein Bars $4.99 - $9.99
Cookies/Crackers $3.99 - $7.99
Chips/Popcorn/Pretzels $3.99 - $9.99
Juices $3.99 - $12.99
Kombucha $6.99 - $14.99
Bottled Water/Sodas $2.99 - $5.99
Bottled/Canned Tea & Coffee $4.99 - $14.99
Sports/Energy Drinks $2.99 - $5.99
MERCHANDISE LIST
61 Item 3A - Page 200
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EMPLOYEE PSP VENDING
Item 3A - Page 201
The PSP employee vending area, our 44 square
foot automated retail zone will service airport
staff in a quick and efficient way. We are excited
to bring an automated retail machine – Eat &
Drink – that will bring food and beverage options
to employees at Palm Springs International.
R7 - PSP Employee Vending - 44 sq ft
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 63
SECTION B
EMPLOYEE PSP VENDING
Item 3A - Page 202
64 THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
& DRINK
Eat
This express vending machine will satisfy PSP employees with ease, allowing them to get all their favorite refreshments in one place. Categories include:
• Savory snacks like chips, popcorn and crackers
• Candy and chocolates
• Gum and mints
• Beverages including soda, juices, bottled water and dairy products
Offering a snack and drink option in this space satisfies employees need for a quick snack or beverage on a break or during their allotted lunch.
WHY EAT & DRINK?
• A mix of healthy and indulgent options that meet a variety of dietary requirements.
• Convenient automated retail platform is simple to use and gives airport employees a quick snack or drink option.
Item 3A - Page 203
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
SNACKS/BEVERAGES
Snack Mixes/Nuts/Seeds $6.99 - $10.99
Gluten Free Snacks $4.99 - $14.99
Packaged Snacks $3.99 - $11.99
Candy/Gum/Mints $2.99 - $7.99
Protein Bars $4.99 - $9.99
Cookies/Crackers $3.99 - $7.99
Chips/Popcorn/Pretzels $3.99 - $9.99
Juices $3.99 - $12.99
Kombucha $6.99 - $14.99
Bottled Water/Sodas $2.99 - $5.99
Bottled/Canned Tea & Coffee $4.99 - $14.99
Sports/Energy Drinks $2.99 - $5.99
MERCHANDISE LIST
65 EMPLOYEE PSP VENDING
Item 3A - Page 204
~
NUTRNI GRM
SOFT BAKED
MOBILE DUTY FREE
48 SQ. FT.
COACHELLA
Duty Free
Item 3A - Page 205
DF - Coachella Duty Free - 48 sq ft
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 67
SECTION B
Marshall Retail Group is thrilled to partner with duty
free experts Philippe Dray and Sonia Acevedo of Duty
Free Holdings, LLC (DFH). For this opportunity at PSP,
we propose Coachella Duty Free, a mobile duty free golf cart that is sure to delight international and domestic passengers alike.
As a lifestyle destination for luxury brands, the Coachella Duty Free golf cart will offer a playful and fun shopping experience allowing guests to indulge in the finest products and styles while receiving with exceptional service. With a blend of service, product selection, merchandising and displays, and sense of style second to none, this concept will bring a new experience to travelers at PSP. From
design to product selection to premium customer service, Coachella Duty Free will surely be a stand-out at PSP.
EXPERIENCED DUTY FREE OPERATORS
Duty Free Holdings creates stores that shine. Not just
because of gorgeous fixtures and interesting design. DFH shops feel like a specialty boutique in the airport, focused on the most exciting fashion trends. Guests are reminded of their venture through the alluring shops and boutiques found on their world travels.
DFH loves turning casual shoppers into loyal customers
and thrives on presenting exciting local, national, and international brands. Unique product presentation,
directional graphics and knowledgeable associates create a welcoming environment.
COACHELLA
Duty Free
Item 3A - Page 206
68 SECTION B
CORE VALUES
Embracing
EVERY DFH LOCATION CAN BE CHARACTERIZED BY THE SAME FOUR TRAITS:
SOPHISTICATED
International air travel tends to have an enhanced level of sophistication – a special experience for many. Add the selection of top brands and service amenities and customers will appreciate the feeling of spoiling themselves by indulging in the latest products available.
LUXURIOIUS
The bespoke designs of DFH’s shops exude luxury. Add to this the partnerships with hard-to-find luxury brands, services that feel like pampering, and a general sense of prestige from the moment guests enter the store until they leave with that special purchase.
DIVERSE
Our merchandising mix ensure that the guests who travel often through PSP be surprised by the new selection of fashion and lifestyle choices available. From premium luxury to more budgetfriendly but still stylish selections, there is something for everyone.
VERSATILE
Designed to change with the seasons as well as shoppers’ changing tastes, the offerings at Coachella Duty Free are versatile and evolving.
Innovation is present throughout with interactive opportunities to experience and test products.
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE Item 3A - Page 207
des roses
AMIERICAN
CREW
Official Supplier to Men·
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION B
69 QUALITY & SERVICE
Focus On
BRANDS YOU LOVE AND LONG FOR
DFH was founded on the timeless quality of classic, recognizable brands. These brands are the core of the business and will never go away. DFH buyers are passionate about what they do. They leverage their expertise to spot unique offerings in the marketplace and bring them to the stores to the delight of our guests. DFH brings what’s new and trending to create excitement and seasonal variety in their stores. Guests will find exciting new brands to complement core offerings. DFH’s list of classic and contemporary brands is ever evolving with trends, seasons and local events.
PRODUCT ASSORTMENT APPROACH
DFH’s nimbleness allows them to quickly adapt to new trends, bringing an ever-changing assortment of products. DFH takes a hands-on approach in the same way a neighborhood shop owner would care for his or her store.
PRICING STRATEGY
The new Coachella Duty Free will offer famous luxury
brands at a great membership price. Airport travelers are automatically enrolled in DFH’s exclusive membership club, Traveler Preferred Price (TPP), which will allow them to enjoy all benefits of exclusive membership pricing, from 5 to 25% below retail price.
Item 3A - Page 208
ESTEE
LAUDER
FERRERO
ROCHER
ABSOLUT.
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
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MERCHANDISE
Accessories $10.00 - $35.00
Bath & Home $5.00 - $15.00
Beauty/Makeup $10.00 - $45.00
Fragrance $35.00 - $200.00
Haircare $10.00 - $40.00
Handbags $25.00 - $130.00
Jewelry $20.00 - $95.00
Leather Goods $10.00 - $35.00
Mencare $25.00 - $65.00
Nailcare $5.00 - $25.00
Personal Care $10.00 - $55.00
Readers $10.00 - $20.00
Skincare $20.00 - $70.00
Spirits $35.00 - $95.00
Sunglasses $20.00 - $275.00
Textile $15.00 - $55.00
Tobacco $35.00 - $90.00
Watches $15.00 - $55.00
MERCHANDISE LIST
70 ACCESSORIES,
BEAUTY MAKEUP
Bvlgari
Carrera
Chanel
Clinique
Dior
DKNY
Dolce & Gabbana
Estee Lauder
Frida Kahlo
Georgio Armani
Gucci
Hugo Boss
La Mer
Lacoste
Lancome
L’Oreal Paris
Marc by Marc
Jacobs
Mont Blanc
Origins
Smashbox
Tom Ford
FRAGRANCE
Burberry
Cartier
Chanel
Chloe
Christian Dior
Givenchy
Guess
Hermes
Issey Miyake
Jean-Paul Gaultier
Jimmy Choo
Moschino
Nina Ricci
Paco Rabanne
Philosophy
Prada
Ralph Lauren
Salvatore
Ferragamo
Thierry Mugler
Tiffany & Co
Vera Wang
Versace
Victor & Rolf
Yves St. Laurent
HAIRCARE
American Crew
Living Proof
Moroccan Oil
Unique One
SKINCARE
Clarins
Clinique
Estee Lauder
Glamglow
Origins
Panier Des Sens
Rituals
MEN CARE
American Crew
Clarins
Clinique
Jack Black
PERSONAL CARE
Beauty H2O
Evian Facial Spray
Lifeforce H2O
MakeUp Eraser
Monumental Wipes
Tweezerman
WINE
DFH carries worldwide
favorites in red, white,
rose, and sparkling,
such as
Beau Joie
Blindfold
Campo Viejo
Caymus
Castellani
Ceja
Charles Heidsiec
Cote de Roses
Cloudy Bay
Dom Perignon
Coppola
Cristal
Decoy
Schmitt Sohne
Silver Oak
Tattinger
The Prophet
Veuve Cliquot
SPIRITS
This is just a sample
of DFH’s spirits list
1800
Aberfeldy
Absolute
Bacardi
Ballantine’s
Belvedere
Baron Otard
Boncourt XO
Bullet
Chivas Regal
Cointreau
Courvoisier
Crown Royal
Don Julio
Glenfiddich
Hendrick’s
Jack Daniels
Laphroaig
Tito’s Vodka
TOBACCO
Camel
Dunhill
Natural Ame
Newport
Pall Mall
Parliament
Score
USA Gold
Chungwa
CONFECTIONERY
Bounty
Cadbury
Celebrations
Chocolate Frey
Ferrero Rocher
Godiva
Hershey’s
Lindt
M&Ms
Mars
Milka
Mixed Minnie’s
Snickers
Turin
Twix
Walkers
GOURMET
Pates and Terrines
Charcuterie
Sauces
Jams & Dips
Caviar
Artisanal Food
Speciality Coffee
Artisanal Deli
Gourmet Pet Food
Truffles
Oils
International
Condiments
Olives
CL ASSIC DUT Y FREE BRANDS*
COACHELLA
Duty Free
*This is a sampling of brand DFH currently has access to. Final brand selection will be made on award.
Item 3A - Page 209
& QUALITY OF
IMPROVEMENTS
SECTION C
Facility Design
Item 3A - Page 210
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 1
SECTION C
CONCEPT STORY
Stepping back in time, to a time when Elvis and
Priscilla Presley honeymooned in Palm Springs and
architect Richard Neutra made his mark on the
town, this is what Uptown Essentials is all about.
Uptown Essentials provides the Palm Springs
International Airport traveler with a one stop shop
offering a carefully crafted mixture of local goods
with convenient food and beverage grab and go
options.
Warm materials mix in a new way creating a light,
bright, welcoming and comfortable space. Integrated
digital screens provide graphic information and
windows allow natural light to enter while preserving
views to outside.
Our fixture layout provides easy access for customer
queuing and ADA turning radiuses. Counters and
POS stands will be ADA compliant in height. All
pathways will be a minimum of 36” wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with high
recycled content, local and/or sustainably harvested
materials, very low or no VOC paints and stains,
daylight and energy-efficient lighting systems and
controls, and highly efficient HVAC systems.
STOREFRONT RENDERING
Item 3A - Page 211
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
2 RENDERINGS
INSPIRATION
Item 3A - Page 212
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
3 MATERIALS
Item 3A - Page 213
PUSH-THRU LETTER
SIGNAGE FEATURE FLOORING
MODERN FEATURE
LIGHT FIXTURES
-•
SILESTONE
COUNTERTOPS WOOD ACCENTS
CEILING & WALL
PAINT
.:
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 4
SECTION C
FLOORPLAN
/
Item 3A - Page 214
CUSTOMER
QUEUING
PASSENGER TRAFFIC /////////• GENEROUS AISLE WIDTH
FOR CUSTOMER EASE
WITH LUGGAGE
LEASE LINE
Cl RCU LA TION
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 5
SECTION FLOORPLAN C
PASSENGER TRAFFIC
AMAZON JUST W ALK OUT BOH
POS
SCO SCO
COOLERS
UPTOW N ESSENTIALS
ALTERNATE FLOORPLAN
Item 3A - Page 215
c=======>
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 6 O
F
SECTION C
CONCEPT STORY
The Pink Door takes inspiration from Palm
Springs’ iconic modern architectural elements.
Featuring a collection of convenience automated
vending kiosks, the traveler can find a great
product variety in this one stop shopping
arcade.
The design evokes the a modern, well edited
convenience shop. A patterned feature element
mixes with 3D Palm Springs inspired branded
sigange in this well lit, easy to navigate space.
A wide open aisle provides ample room for
travelers and their luggage. Clear signage
quickly announces the variety of offerings.
Our fixture layout provides easy access for
customer queuing and ADA turning radiuses.
The space is ADA compliant in height. All
pathways will be a minimum of 36” wide.
All materials and equipment will be of the
highest quality, durable and energy efficient.
Where possible, locally reclaimed materials will
be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, highly efficient HVAC
systems.
STOREFRONT RENDERING
Item 3A - Page 216
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THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 7 SECTION C
RENDERINGS
INSPIRATION
Item 3A - Page 217
I
I
I
,i- . . --·
I l:f l ~ j !t,~
· 111,11. r J tJ r, ;p,--i; • --- ,~i!J."f""
, e;~~-, ~
- lei;-~.
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
CUSTOM BRANDING
ELEMENT INTEGRATED VENDING WALL AND CEILING PAINT CUSTOM SIGNAGE 8 MATERIALS
Item 3A - Page 218
SW7008
Alabaster-
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
CIRCULATION AND
CUSTOMER QUEUING
9 FLOORPLAN
Item 3A - Page 219
f///////// PASSENGER TRAFFIC /////////~
BRANDED DISPLAY
AREA
LEASE LINE
GENEROUS WIDTH FOR
CUSTOMER EASE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 10 InMotion is the traveler’s top destination for
electronics on the go. As the largest airport-based
electronics retailer in the nation, InMotion is proud to serve traveler’s needs on any adventure. InMotion
carries the most cutting-edge premium electronics,
including noise-canceling headphones, wireless
headphones, speakers, tablets, digital action
cameras, fitness trackers, portable power and a
wide array of mobile accessories.
Favorite brands such as Apple, Beats by Dr. Dre,
Bose, Fitbit, GoPro, mophie, Samsung and Sony
often launch their coveted products with InMotion
to get them to savvy customers first.
The design reinforces these goals. Dynamic,
integrated graphics are eye catching and
inviting. Customers can easily find what they are
looking for with displayed brand logos
throughout. High contrast interior signage
provides way finding so that customers can easily
find what they need.
Our fixture layout provides easy access for
customer queuing and ADA turning
radiuses. Counters and POS stands will be
ADA compliant
in height. All pathways will be a minimum of 36”
wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content, local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, and highly efficient HVAC
systems.
CONCEPT STORY
SECTION C
CONCEPT STORY
InMotion is the traveler’s top destination for
electronics on the go. As the largest airport-based
electronics retailer in the nation, InMotion is
proud to serve traveler’s needs on any adventure.
InMotion carries the most cutting-edge premium
electronics, including noise-canceling headphones,
wireless headphones, speakers, tablets, digital
action cameras, fitness trackers, portable power
and a wide array of mobile accessories.
Favorite brands such as Apple, Beats by Dr. Dre,
Bose, Fitbit, GoPro, mophie, Samsung and Sony
often launch their coveted products with InMotion
to get them to savvy customers first.
The design reinforces these goals. Dynamic,
integrated graphics are eye catching and inviting.
Customers can easily find what they are looking
for with displayed brand logos throughout. High
contrast interior signage provides way finding so
that customers can easily find what they need.
Our fixture layout provides easy access for
customer queuing and ADA turning radiuses.
Counters and POS stands will be ADA compliant in
height. All pathways will be a minimum of 36” wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with high
recycled content, local and/or sustainably harvested
materials, very low or no VOC paints and stains,
daylight and energy-efficient lighting systems and
controls, and highly efficient HVAC systems.
STOREFRONT RENDERING
Item 3A - Page 220
INM TION
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
11 RENDERINGS
INSPIRATION
Item 3A - Page 221
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
INTEGRATED GRAPHIC
PANELS
POLISHED CONCRETE
FLOORING TILES
SILESTONE
COUNTERTOPS
PUSH-THRU LETTER
SECONDARY SIGNAGE
WALL PAINT
LOW PROFILE FACE LIT
CHANNEL LETTER
SIGNAGE
12 MATERIALS
Item 3A - Page 222
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 13
SECTION C
CUSTOMER
QUEUING
FLOORPLAN
Item 3A - Page 223
LEASE LINE
~///////// PASSENGER TRAFFIC /////////.
CONCOURSE
GENEROUS AISLE WIDTH
FOR CUSTOMER EASE
WITH LUGGAGE
FEATURE DISPLAY
TABLE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 14 Our fixture layout provides easy access for
customer queuing and ADA turning radiuses.
Counters and POS stands will be ADA compliant
in height. All pathways will be a minimum of 36”
wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content, local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, and highly efficient HVAC
systems.
CONCEPT STORY
Hey Joshua provides the Palm Springs
Airport traveler with a one stop shop offering a
carefully crafted mixture of local goods with
convenient food and beverage grab and go
options.
Taking inspiration from the dramatic nature of
the region, modern eye catching storefront
graphic panels welcome customers into the
space. Clerestory windows allow natural
light and views to the sky beyond.
SECTION C
CONCEPT STORY
Hey Joshua provides the Palm Springs Airport
traveler with a one stop shop offering a carefully
crafted mixture of local goods with convenient
food and beverage grab and go options.
Taking inspiration from the dramatic nature
of the region, modern eye catching storefront
graphic panels welcome customers into the
space. Clerestory windows allow natural light
and views to the sky beyond.
Our fixture layout provides easy access for
customer queuing and ADA turning radiuses.
Counters and POS stands will be ADA compliant
in height. All pathways will be a minimum of
36” wide.
All materials and equipment will be of the
highest quality, durable, and energy efficient.
Where possible, locally reclaimed materials will
be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content, local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, and highly efficient HVAC
systems.
STOREFRONT RENDERING
Item 3A - Page 224
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
15 RENDERINGS
INSPIRATION
Item 3A - Page 225
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
STOREFRONT GRAPHIC
PANEL ELEMENTS
DURABLE FEATURE
FLOORING
DURABLE, HIGH QUALITY
DISPLAY THROUGHOUT
SILESTONE
COUNTERTOPS WALL & CEILING PAINT
LOW PROFILE FACE LIT
CHANNEL LETTER
SIGNAGE
16 MATERIALS
Item 3A - Page 226
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 17
SECTION C
QUEUING
SNACKS AND GOURMET EDIBLES
FLOORPLAN
Item 3A - Page 227
~///////// PASSENGER TRAFFIC/////////•
GRAB & GO AND BOTTLED BEVERAGES
CONCOURSE
STOREFRONT GRAPHIC
ELEMENTS
LEASE LINE FEATURE DISPLAY
TABLE
GENEROUS AISLE WIDTH
FOR CUSTOMER EASE
WITH LUGGAGE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 18 for a flight. A custom mural by famed Angel
Wings Project creator Colette Miller, inspired
by the wing mural that she did in the downtown
graces the wall and creates a selfie moment.
Our fixture layout provides easy access for
customer queuing and ADA turning radiuses.
Counters and POS stands will be ADA compliant
in height. All pathways will be a minimum of 36”
wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content, local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, and highly efficient HVAC
systems.
CONCEPT STORY
Mojave Oasis provides the Palm Springs
Airport traveler with a one stop shop offering a
carefully crafted mixture of local goods with
convenient food and beverage grab and go
options.
The space takes inspiration from the
serene feeling one gets when at their Palm
Springs vacation home, sitting in their backyard,
enjoying the dramatic views of the area.
The outdoor area includes a calming place to
sit and relax, with a cup of coffee or an ice
cream while waiting
SECTION C
CONCEPT STORY
Mojave Oasis provides the Palm Springs Airport
traveler with a one stop shop offering a carefully
crafted mixture of local goods with convenient food
and beverage grab and go options.
The space takes inspiration from the serene
feeling one gets when at their Palm Springs
vacation home, sitting in their backyard, enjoying
the dramatic views of the area. The outdoor area
includes a calming place to sit and relax, with a cup
of coffee or an ice cream while waiting for a flight.
A custom mural by famed Angel Wings Project
creator Colette Miller, inspired by the wing mural
that she did in the downtown graces the wall and
creates a selfie moment.
Our fixture layout provides easy access for customer
queuing and ADA turning radiuses. Counters and
POS stands will be ADA compliant in height. All
pathways will be a minimum of 36” wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with high
recycled content, local and/or sustainably harvested
materials, very low or no VOC paints and stains,
daylight and energy-efficient lighting systems and
controls, and highly efficient HVAC systems.
STOREFRONT RENDERING
Item 3A - Page 228
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
19 RENDERINGS
INSPIRATION
Coffee &
Ice Cream
Item 3A - Page 229
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
COLETTE MILLER ANGEL
WING MURAL
MODERN STYLE
SCULPTURAL BRICK
COURSING
WALL AND CEILING
PAINT
INTERIOR FEATURE
GRAPHIC WALLS
SILESTONE
COUNTERTOPSUT
LOW PROFILE FACE LIT
CHANNEL LETTER
SIGNAGE
20 MATERIALS
Item 3A - Page 230
SVV 7008
Alabaster
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 21
SECTION C
FASHION
ACCESSORIES _ _,_ ____ RAYBANW MAUI JIM
MARLA
WALLARO
FASHION
TRINA TURK
ELAN
FENINI
CUSTOMER
QUEUING
Q
FLOORPLAN
THE LIVING DESERT
Item 3A - Page 231
THE BACKYARD RETREAT
COFFEE & ICE CREAM
Proudly serving ,,f;~
Joshua Tree Coffee
_J
er: 4:
w c::
_J :::,
_J ~
~ l'J
wz I= - w~
_J _J
ow
u l'J
z
4:
~
OUTDOOR# ~
SEATING ~
f///////// PASSENGER TRAFFIC /////////•
CIRCULATION
CONCOURSE
BACK OF HOUSE
COQLEJi
GENEROUS AISLE WIDTH
FOR CUSTOMER EASE
WITH LUGGAGE LEASE LINE
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 22
CONCEPT STORY
I♥PS takes inspiration from Palm Springs’ iconic
outdoor architectural style. Featuring a collection
of convenience automated vending kiosks, the
traveler can find a great product variety in this
one stop shopping niche.
The design evokes the outdoor atmosphere of
downtown Palm Springs, with a playful take on
the PS♥U selfie moment found in the downtown.
A custom fingerpaint mural by Peter Tigler acts
as the backdrop. This mural will be an
experience
for travelers to partake in as well as enjoy, once
it is complete and installed. A wide aisle
provides ample room for travelers and their
luggage. Clear signage quickly announces the
variety of offerings.
Our fixture layout provides easy access for
customer queuing andADAturning radiuses. The
space is ADA compliant in height. All pathways
will be a minimum of 36” wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content, local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, and highly efficient HVAC
systems.
SECTION C
CONCEPT STORY
I♥ PS takes inspiration from Palm Springs’
iconic outdoor architectural style. Featuring a
collection of convenience automated vending
kiosks, the traveler can find a great product
variety in this one stop shopping niche.
The design evokes the outdoor atmosphere of
downtown Palm Springs, with a playful take
on the PS♥ U selfie moment found in the
downtown. A custom fingerpaint mural by
Peter Tigler acts as the backdrop. This mural will
be an experience for travelers to partake in as
well as enjoy, once it is complete and installed. A
wide aisle provides ample room for travelers and
their luggage. Clear signage quickly announces
the variety of offerings.
Our fixture layout provides easy access for
customer queuing and ADA turning radiuses.
The space is ADA compliant in height. All
pathways will be a minimum of 36” wide.
All materials and equipment will be of the highest
quality, durable, and energy efficient. Where
possible, locally reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with
high recycled content, local and/or sustainably
harvested materials, very low or no VOC paints
and stains, daylight and energy-efficient lighting
systems and controls, and highly efficient
HVAC systems.
STOREFRONT RENDERING
Item 3A - Page 232
hea t & we lness
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
23 RENDERINGS
INSPIRATION
Item 3A - Page 233
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
CUSTOM BRANDING
SIGNAGE FEATURE PAINT FINISH
3 DIMENSIONAL CUSTOM
ART PIECE
PETER TIGLER CUSTOM
INTEGRATED VENDING ARTWORK THERE ARE NO
CHANGES TO
THE FLOOR OR
CEILING
MATERIALS
24 MATERIALS
Item 3A - Page 234
health & wellness
th & wellness
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
25 FLOORPLAN
3D CUSTOM
ART PIECE
Item 3A - Page 235
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 26
SECTION C
PSP EMPLOYEE VENDING
RENDERING
The PSP Employee Vending machine will offer a combination of snacks and cold drinks, from healthy to indulgent. The ability to take credit cards and mobile payments makes for a seamless and efficient customer experience
RENDERING
The PSP Employee Vending machine will offer
a combination of snacks and cold drinks, from
healthy to indulgent. The ability to take credit
cards and mobile payments makes for a seamless
and efficient customer experience.
EMPLOYEE PSP VENDING
MATERIALS
BLACK
POLYCARBONATE
GLASS
Item 3A - Page 236
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 27
SECTION C
COACHELLA
Duty Free
CONCEPT STORY
Coachella Valley is home to more than 120 golf
courses, which is the theme that inspired our
duty free concept. We’re transforming a standard
golf cart into a playful mobile duty free unit that
can move to whichever gate the international
flights are departing from at PSP.
The dimensions of the cart are 4 ft. x 12 ft.
With pink paint and a green and pink striped
awning, this golf cart feels like it belongs in Palm
Springs. White lacquer cabinetry allows items to
be locked up when the cart is closed.
Team members will use a handheld point of sale
device, which creates a seamless and efficient
customer experience.
All materials will be of the highest quality, durable,
and energy efficient. Where possible, locally
reclaimed materials will be used.
This project will adhere to strict sustainability
guidelines with the inclusion of materials with high
recycled content, local and/or sustainably harvested
materials, and very low or no VOC paints and stains.
RENDERING
Item 3A - Page 237
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE 28
W HITE LACQUER
CABINETRY
WEATHERPROOF
CANVAS AW NING PINK CAR PAINT
BLACK METAL
POWDER COAT
SECTION C
INSPIRATION
MATERIALS
Item 3A - Page 238
THE MARSHALL RETAIL GROUP, LLC // PSP // RFP 10-22 AIRPORT CONCESSIONS RETAIL FOOD AND BEVERAGE
SECTION C
29 CONSTRUCTION TIMELINE
ID Task Name Duration Start Finish
1 PSP Program 263 days? Fri 12/16/22 Tue 12/19/23
2 Design & Approval Process 166 days? Fri 12/16/22 Fri 8/4/23 3 Notice of Award 1 day Fri 12/16/22 Fri 12/16/22
4 Post Award Design Kickoff 10 days Mon 12/19/22 Fri 12/30/22 5 30% Design Package Development 20 days Mon 1/2/23 Fri 1/27/23 6 30% PSP Design Review 10 days Mon 1/30/23 Fri 2/10/23 7 60% Design Package Development 20 days Mon 1/30/23 Fri 2/24/23 8 60% PSP Design Review 10 days Mon 2/27/23 Fri 3/10/23 9 90% Construction Document Development 20 days Mon 2/27/23 Fri 3/24/23 10 90% PSP CD Review 10 days Mon 3/27/23 Fri 4/7/23
11 100% Construction Document Development 15 days Mon 3/27/23 Fri 4/14/23 12 Submit Drawings for Building Authority Review 5 days Mon 4/17/23 Fri 4/21/23 13 Permit Drawing Review and Comments 30 days Mon 5/22/23 Fri 6/30/23 14 Permits Issued 1 day Mon 7/3/23 Mon 7/3/23
15 Temp Kiosk Operations and Vending Install 181 days Mon 2/13/23 Sun 10/22/23 16 Temp Kiosk Shipping and Installation 9 days Mon 2/13/23 Thu 2/23/23 17 Temp Kiosk Stock and Train 2 days Fri 2/24/23 Mon 2/27/23 18 Temp Kiosk Opening 1 day Tue 2/28/23 Tue 2/28/23
19 Install Vending Machines 5 days Mon 4/24/23 Fri 4/28/23 20 Temp Kiosk Closure 1 day Sun 10/22/23 Sun 10/22/23
21 Construction 131 days Mon 4/17/23 Mon 10/16/23
22 GC Bidding 20 days Mon 4/17/23 Fri 5/12/23
23 Award to GC 5 days Mon 5/15/23 Fri 5/19/23
24 Precon Meeting 3 days Tue 7/4/23 Thu 7/6/23
25 NTP 1 day Fri 7/7/23 Fri 7/7/23
26 Construction 70 days Mon 7/10/23 Fri 10/13/23
27 Substantial Completion 1 day Mon 10/16/23 Mon 10/16/23 28 Opening Activities 5 days Tue 10/17/23 Mon 10/23/23
29 Airport Punch List Walk 1 day Tue 10/17/23 Tue 10/17/23 30 Stock and Train 4 days Tue 10/17/23 Fri 10/20/23
31 Airport Approval to Open 1 day Mon 10/23/23 Mon 10/23/23 32 Ready to Open 1 day Mon 10/23/23 Mon 10/23/23
33 Close Out 41 days Tue 10/24/23 Tue 12/19/23
34 Punch List Completion 20 days Tue 10/24/23 Mon 11/20/23 35 As‐Builts Submitted 30 days Tue 10/24/23 Mon 12/4/23 36 Certified Cost Report Submitted to PSP 40 days Tue 10/24/23 Mon 12/18/23 37 Project Close Out 1 day Tue 12/19/23 Tue 12/19/23
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023