Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Business
Information
Requested Action
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MOTION TO APPROVE Fourth Amendment to the Self-Service Baggage Cart Concession Agreement between Broward County and Smarte Carte, Inc. to extend the term of the Agreement on a month-to-month basis not to exceed six months; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
In accordance with Chapter 26.4 of the Broward County Administrative Code, Concession Agreements require Broward County Board of County Commissioners (“Board”) approval.
What Action Accomplishes
Allows Smarte Carte, Inc. (“Smarte Carte”) to continue to operate a self-service baggage cart concession at Broward County’s Fort Lauderdale-Hollywood International Airport (“FLL”) on a month-to-month basis not to exceed six months.
Goal Related Icon(s)
☐County Commission
☐Go Green
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Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This action extends the term of the current Self-Service Baggage Cart Concession Agreement between Broward County and Smarte Carte (“Agreement”) from December 1, 2025, on a month-to-month basis, not to exceed six months.
On November 10, 2015 (Item No. 58), the Board approved the Agreement between Broward County (“County”) and Smarte Carte for the non-exclusive right to operate a self-service baggage cart concession, commencing on December 1, 2015, and terminating on November 30, 2020.
On December 1, 2020 (Item No. 76), the Board approved the First Amendment to the Agreement extending the term of the Agreement for an additional three (3) years with two (2) one-year option periods.
On June 1, 2022, the Director of Aviation, authorized by Board action on January 25, 2022 (Item No. 64), approved the Second Amendment to the Agreement, which provided rent relief in the amount of $154,376.02. Such rent relief was provided through the American Rescue Plan Act.
On November 17, 2023, the Director of Aviation approved the first of two, one-year option periods extending the Agreement through November 30, 2024.
On July 26, 2024, the Director of Purchasing approved the Third Amendment to the Agreement to increase the maximum rental charge for the baggage carts from $6.00 to $7.00 and added language allowing the maximum charge to be adjusted through written notice.
On November 12, 2024, the Director of Aviation approved the second (2nd) of two, one-year option periods extending the Agreement through November 30, 2025.
On May 7, 2025, a Sole Source Recommendation was approved by the Broward County Purchasing Division. Following the recommendation of the sole source, Broward County Aviation Department (“BCAD”) staff began the process of submitting an Airport Concession Disadvantaged Business Enterprise (“ACDBE”) goal request and negotiating a new concession agreement with Smarte Carte, which would take effect on December 1, 2025, pending Board approval.
On October 1, 2025, the U.S. Department of Transportation (“DOT”) announced that an Interim Final Rule (“IFR”) for DOT regulations 49 C.F.R. Parts 23 and 26, affecting the Disadvantaged Business Enterprise (“DBE”) and ACDBE programs, had been issued. The IFR took effect on October 3, 2025, which changed the qualifications for the DBE/ACDBE programs, requiring the eligibility of all currently certified DBE/ACDBE firms to be re-evaluated. As part of this change, there is a pause on counting DBE/ACDBE participation until the Unified Certification Program re-evaluates all certified DBEs/ACDBEs. This includes suspending the setting of new DBE/ACDBE goals, enforcement of existing goals, and counting of current DBEs/ACDBEs on existing contracts/agreements.
This proposed Fourth Amendment extends the term of the Agreement from December 1, 2025, on a month-to-month basis, not to exceed six months, to allow staff additional time to further evaluate the impacts of the new concession agreement and determine the appropriate path forward.
The proposed Fourth Amendment has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director, Aviation Department, 954-359-6199
Fiscal Impact
Fiscal Impact/Cost Summary
The estimated cost to BCAD for the proposed Fourth Amendment is $51,000 monthly.