REQUEST FOR PROPOSALS P E R S O N N E L S TA F F I N G F O R PA R K I N G A N D TA X I O P E R AT I O N S RFP # 2013-03-002
CITY OF CHARLOTTE N O RT H C A R O L I N A MARCH 20, 2013
REQUEST FOR PROPOSALS RFP # 2013-03-002 PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS
March 20, 2013 Dear Service Provider: The City of Charlotte located in the State of North Carolina, is now accepting Proposals for Personnel Staffing for Parking and Taxi Operation services at Charlotte Douglas International Airport. The requirements for submitting a Proposal are stated in the attached Request for Proposals (the “RFP”). Please review them carefully, as pre-qualification is required. A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and answering questions regarding the Services will be held on Tuesday, March 26 at 10:00 a.m., EST at the Charlotte Douglas International Airport – CLT Center, 5601 Wilkinson Boulevard, Charlotte, NC 28202. Please bring a copy of the RFP with you at that time. All Proposals are due to the Charlotte Douglas International Airport – CLT Center, 5601 Wilkinson Boulevard, Charlotte, North Carolina 28208, no later than 11:00 a.m., EST Monday, April 8, 2013. One (1) electronic copy of the Proposal on a CD in a searchable format such as MS Word or Adobe Acrobat and one (1) unbound original Proposal signed in ink by a company official authorized to make a legal and binding offer, plus four (4) copies of your Proposal must be submitted in a sealed box or opaque envelope plainly marked with the Proposal number and service description as follows: Request for Proposals - Attention: Crystal Bailey Name of Company Submitting Proposal Personnel Staffing for Parking and Taxi Operations RFP # 2013-03-002 RFP questions must be directed to the Crystal Bailey, per the enclosed instructions in Section 2.3. The City of Charlotte is an equal opportunity purchaser. Sincerely,
Crystal Bailey Contract Administrator
cc:
Robert Topel Herbert Judon
Checklist for submitting a Proposal: Step 1 - Read the document fully. Step 2 - If you plan on submitting a Proposal, email your company name with your intent to propose to
[email protected]. Step 3 - If you have any questions send them before the deadline listed in Section 2.3. If you plan on submitting a Proposal you must follow this checklist, and must include everything detailed below. Proposal Copies 1 Copy on CD 1 Copy marked “Original” (does not need to be bound) 4 Copies “marked Copies” (MUST be bound) Proposal Format-Proposals should be formatted as follows: Cover Letter per Section 4.1.1 Executive Summary per Section 4.1.2 Background and Experience per Section 5 References per Section 5 Section 7, Form 1 – RFP Submission Form Section 7, Form 2 - Addendum Acknowledgement Form Section 7, Form 3 – Pricing Worksheet Section 7, Form 4 – Proposal Certification Exceptions to any part of the RFP (If you take any exceptions to anything in this document list it in a category in your Proposal called “Exceptions” and offer an alternative solution). This is all you have to include when you submit your Proposal. If awarded a contract, you will have to submit the following when you sign a contract: Insurance certificate per requirements on pages 35 and 36 Business licenses per requirements in Section 1.6.15 It is the Service Provider’s responsibility to check for any addenda or changes to this Project.
•
For the IPS State website, search for RFP # 269-2013-03-002 to find if any documents or changes that have been posted to the Internet by using the following link:
www.ips.state.nc.us •
For the Airport website, search by RFP title: Personnel Staffing for Parking and Taxi Operations using the following link: http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/ADsForBids.aspx
Table of Contents TABLE OF CONTENTS 1.
INTRODUCTION. ........................................................................................... 1 1.1. OBJECTIVE. .......................................................................................................... 1 1.2. DEFINITIONS. ....................................................................................................... 1 1.3. ACCURACY OF RFP AND RELATED DOCUMENTS. ................................................ 2 1.4. CITY’S RIGHTS AND OPTIONS. ............................................................................. 3 1.5. EXPENSE OF SUBMITTAL PREPARATION. .............................................................. 3 1.6. PROPOSAL CONDITIONS. ...................................................................................... 4 1.6.1. RFP Not An Offer........................................................................................ 4 1.6.2. Right to Terminate Discussions. ................................................................. 4 1.6.3. Requirement for Representation as to Accuracy and Completeness of Proposal. 4 1.6.4. Trade Secrets/Confidentiality. .................................................................... 4 1.6.5. Prohibited Discrimination. ......................................................................... 5 1.6.6. Statutory Requirements. .............................................................................. 5 1.6.7. Reservation of Right to Change Schedule. .................................................. 5 1.6.8. Reservation of Right to Amend RFP. .......................................................... 6 1.6.9. Additional Evidence of Ability. ................................................................... 6 1.6.10. No Collusion or Conflict of Interest............................................................ 6 1.6.11. Proposal Terms Firm and Irreversible. ...................................................... 6 1.6.12. Proposal Binding for 90 Days. ................................................................... 6 1.6.13. SBO Program. ............................................................................................. 7 1.6.14. Subcontracting. ........................................................................................... 7 1.6.15. City License Requirement. .......................................................................... 7 1.6.16. Equal Opportunity. ..................................................................................... 7 1.6.17. Use of City’s Name. .................................................................................... 7 1.6.18. Withdrawal for Modification of Proposals. ................................................ 7 1.6.19. No Bribery................................................................................................... 8 1.6.20. Exceptions to the RFP. ................................................................................ 8 1.6.21. Fair Trade Certifications. ........................................................................... 8 1.6.22. Clarification of Ambiguities........................................................................ 8 1.6.23. Service Provider’s Obligation to Fully Inform Themselves. ...................... 8 1.6.24. Disclaimer. .................................................................................................. 9
2.
PROCUREMENT PROCESS. ...................................................................... 10 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10.
SCHEDULE AND PROCESS. .................................................................................. 10 INTERPRETATIONS AND ADDENDA. .................................................................... 10 PRE-PROPOSAL CONFERENCE. ........................................................................... 11 SUBMISSION OF PROPOSALS. .............................................................................. 11 CORRECTION OF ERRORS. .................................................................................. 11 PRICE ADJUSTMENT AS PART OF THE RFP: ....................................................... 12 PRICE ADJUSTMENT IF NOT INCLUDED AS PART OF THE RFP: .......................... 12 EVALUATION. .................................................................................................... 13 CONTRACT AWARD BY CHARLOTTE CITY COUNCIL. ......................................... 13 POST AWARD CONFERENCE: .............................................................................. 13
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Table of Contents 3. SCOPE OF SERVICE - PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS. .................................................................................................... 14 3.1. 3.2. 3.2.1. 3.3. 3.3.1. 3.3.2. 3.3.3. 3.3.4. 3.3.5. 3.3.6. 3.3.7. 3.3.8. 3.3.9. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12. 3.13. 3.14. 3.15. 3.16. 3.17. 3.18. 3.19. 3.20. 3.21. 3.22. 3.23. 3.24. 3.25. 3.26. 3.27. 3.28. 3.29. 3.30. 4.
GENERAL SCOPE. ............................................................................................... 14 GENERAL REQUIREMENTS. ................................................................................ 14 DAYS AND HOURS OF OPERATION: ................................................................ 15 SERVICES TO BE PROVIDED. ............................................................................... 15 PARKING LOT CASHIERS. ............................................................................... 15 LICENSE PLATE INVENTORY WORKERS. ........................................................ 15 CUSTOMER SERVICE REPRESENTATIVE. ......................................................... 15 TAXICAB DISPATCHERS AND STARTERS. ....................................................... 15 SPOTTERS....................................................................................................... 16 LOT ATTENDANTS.......................................................................................... 16 ACCOUNT CONTACT. ..................................................................................... 16 SUPERVISORY STAFF. ..................................................................................... 16 TRAINER. ....................................................................................................... 16 QUANTITY.......................................................................................................... 16 FACILITIES AND EQUIPMENT. ............................................................................. 16 PRICING. ............................................................................................................ 17 NO EXPENSES CHARGEABLE. ............................................................................. 17 PRE-CONTRACT COSTS. ...................................................................................... 17 EMPLOYEES AND TRAINING. .............................................................................. 17 APPEARANCE. .................................................................................................... 18 TIME RECORDS. ................................................................................................. 18 HOLIDAYS. ......................................................................................................... 18 EMPLOYMENT TAXES AND EMPLOYEE BENEFITS............................................... 18 MINIMUM WAGES. ............................................................................................. 18 CASH HANDLING. .............................................................................................. 18 AIRPORT BADGES. ............................................................................................. 18 DRIVING PERMITS. ............................................................................................. 19 OVERTIME.......................................................................................................... 19 TIME KEEPING. .................................................................................................. 19 APPROVED STAFFING SCHEDULE. ...................................................................... 19 EMPLOYMENT ELIGIBILITY VERIFICATION......................................................... 19 PERFORMANCE, PAYMENT AND GUARANTY BOND. ........................................... 19 FINANCIAL BASIS FOR PRIVILEGE ...................................................................... 20 CUSTOMER SERVICE. ......................................................................................... 20 INVOICES. .......................................................................................................... 20 SECURITY REQUIREMENTS. ................................................................................ 21 CITY CONTRACT REQUIREMENTS. ..................................................................... 21 CHANGES IN SCOPE. ........................................................................................... 22 BACKGROUND CHECKS. – .................................................................................. 22 VENDOR REGISTRATION. ................................................................................... 23 PROPOSAL FORMAT. ................................................................................. 24
4.1. PROPOSAL CONTENT. ......................................................................................... 25 4.1.1. Cover Letter. ............................................................................................. 25 PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS RFP# 2013-03-002 MARCH 20, 2013
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Table of Contents 4.1.2. 4.1.3. 4.1.4. 5.
Executive Summary. .................................................................................. 25 Background and Experience. .................................................................... 25 Proposed Solution. .................................................................................... 26
SERVICE PROVIDER’S BACKGROUND AND EXPERIENCE............ 28 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 5.7. 5.8. 5.9.
6.
OFFICIAL NAME. ................................................................................................ 28 SERVICE PROVIDER BACKGROUND. ................................................................... 28 PROPOSING ORGANIZATION’S STRUCTURE. ....................................................... 28 REFERENCES. ..................................................................................................... 28 ANALYTICAL APPROACH (NO RESPONSE REQUIRED). ......................................... 28 GUARANTOR. ..................................................................................................... 29 REQUESTS FOR FINANCIAL INFORMATION. ........................................................ 29 PAST OR PENDING JUDGMENTS. ......................................................................... 31 FINANCIAL AND LEGAL CONSIDERATIONS. ........................................................ 31 PROPOSAL EVALUATION CRITERIA.................................................... 33
6.1. 6.2. 6.3. 6.4.
QUALIFICATIONS, EXPERIENCE AND APPROACH. ............................................... 33 FINANCIAL QUALIFICATIONS. ............................................................................ 33 COST EFFECTIVENESS AND VALUE. ................................................................... 33 ACCEPTANCE OF THE TERMS OF THE CONTRACT. .............................................. 33
REQUIRED FORM 1 - REQUEST FOR PROPOSALS SUBMISSION FORM .... 34 REQUIRED FORM 2 - ADDENDUM RECEIPT CONFIRMATION ..................... 35 REQUIRED FORM 3 – PRICING WORKSHEET .................................................... 36 REQUIRED FORM 4 - PROPOSAL CERTIFICATION .......................................... 37 INSURANCE REQUIREMENTS ................................................................................. 38 SAMPLE CITY CONTRACT ....................................................................................... 40 EXHIBIT A ..................................................................................................................... 51 EXHIBIT B...................................................................................................................... 52
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Section 1 Introduction and General Information 1. INTRODUCTION. 1.1.
Objective. The objective of this RFP is to solicit Proposals that will enable the City to award a Contract for Personnel Staffing services to assist in fulfilling parking cashier dues, certain ground transportation and parking duties (“the contract”) at Charlotte Douglas International Airport (‘the Airport”) in Charlotte, North Carolina.
1.2.
Definitions. As used in this RFP, the following terms shall have the meanings set forth below: Acceptance:
Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria set forth in the Contract.
Affiliates:
Refers to all departments or units of the City and all other governmental units, towns, boards, committees or municipalities for which the City processes data or performs services that involve the Deliverables or Services.
Contract:
Refers to a written agreement executed by the City and Service Provider for all or part of the Services covered by this RFP.
City:
Refers to the City of Charlotte, North Carolina.
City Project Manager:
Refers to a specified City employee representing the best interests of the City for this Project.
Company:
Refers to a Service Provider that has been selected by the City to provide the Services required by this RFP.
Company Project Manager: Refers to a specified Company employee representing the best interests of the Company for this Project. Deliverables:
Refers to all tasks, reports, information, designs, plans and other items, which the Company is required to complete and deliver to the City in connection with this Contract.
Documentation:
Refers to all written, electronic, or recorded works, that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are published or provided to the City by the Company or its subcontractor, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, logic diagrams, and other materials related to or for use with the Deliverables or Services.
Environmentally Preferable Products:
Refers to products that have a lesser or reduced effect on human health and the environment when compared
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Section 1 Introduction and General Information with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product. Evaluation Committee:
Refers to a committee, as appointed by the City, responsible for determining the best Service Provider for the Services described in this RFP.
Milestones:
Refers to the benchmarks of performance (consisting of an identified deadline for the completion of specific services and/or the Acceptance of identified Deliverables), as specified in this RFP.
Project:
Refers to the procurement process to choose a Service Provider to perform Personnel Staffing Services for the City.
Project Plan:
Refers to the detailed plan for delivery of the Services as described in Section 3, in the form accepted in writing by the City in accordance with the terms of this RFP and resultant Contract.
Proposal:
Refers to the Proposal submitted by a Service Provider for the Services as outlined in this RFP.
Services:
Refers to the Personnel Staffing as requested in this RFP.
Service Provider:
Refers to a company that has interest in providing the Services required by this RFP.
Specifications and Requirements:
Work Product:
1.3.
Refers to all definitions, descriptions, requirements, criteria, warranties and performance standards relating to the Deliverables and Services which are set forth or referenced in: (i) this RFP; (ii) the Documentation; and (iii) any functional and/or technical specifications which are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services. Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Service Provider in connection with this RFP, and all partial, intermediate or preliminary versions of any of the foregoing.
Accuracy of RFP and Related Documents. The City assumes no responsibility for conclusions or interpretations derived from the information presented in this RFP, or otherwise distributed or made available during this procurement process. In addition, the City will not be bound by or be
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Section 1 Introduction and General Information responsible for any explanation, interpretation or conclusions of this RFP or any documents provided by the City other than those provided by the City through the issuance of addenda. In no event may a Service Provider rely on any oral statement by the City or its agents, advisors or consultants. Should a Service Provider find discrepancies or omissions in this RFP or any other documents provided by the City, the Service Provider should immediately notify the City of such potential discrepancy in writing, and a written addendum may be issued if the City determines clarification necessary. Each Service Provider requesting an interpretation will be responsible for delivering such requests to the City's designated representative as directed in Section 2 of this RFP. 1.4.
1.5.
City’s Rights and Options. The City reserves the following rights, which may be exercised at the City’s sole discretion: 1.4.1.
To supplement, amend, substitute or otherwise modify this RFP at any time;
1.4.2.
To cancel this RFP with or without the substitution of another RFP;
1.4.3.
To take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City;
1.4.4.
To issue additional requests for information;
1.4.5.
To require one or more Service Providers to supplement, clarify or provide additional information in order for the City to evaluate the Proposals submitted;
1.4.6.
To conduct investigations with respect to the qualifications and experience of each Service Provider;
1.4.7.
To waive any defect or irregularity in any Proposal received;
1.4.8.
To reject any or all Proposals;
1.4.9.
To share the Proposals with City employees other than the Evaluation Committee or City advisory committees as deemed necessary;
1.4.10.
To award all, none, or any part of the Services that is in the best interest of the City, with one or more of the Service Providers responding, which may be done without or without re-solicitation.
1.4.11.
To discuss and negotiate with selected Service Provider(s) any terms and conditions in the Proposals including but not limited to financial terms; and
1.4.12.
To enter into any Contract deemed by the City to be in the best interest of the City, with one or more of the Service Providers responding.
Expense of Submittal Preparation. The City accepts no liability for the costs and expenses incurred by the Service Providers in responding to this RFP, in preparing responses for clarification, in attendance at interviews, participating in contract development sessions, or in meetings and presentations required for the contract approval process. Each Service Provider that enters into the procurement process shall prepare the required materials
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Section 1 Introduction and General Information and submittals at its own expense and with the express understanding that the Service Provider cannot make any claims whatsoever for reimbursement from the City for the costs and expenses associated with the procurement process. 1.6.
Proposal Conditions. The following terms are applicable to this RFP and the Service Provider’s Proposal. 1.6.1.
RFP Not An Offer. This RFP does not constitute an offer by the City. No binding contract, obligation to negotiate, nor any other obligation shall be created on the part of the City unless the City and the Service Provider execute a Contract. No recommendations or conclusions from this RFP process concerning the Service Provider shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.
1.6.2.
Right to Terminate Discussions. The Service Provider’s participation in this process might result in the City selecting the Service Provider to engage in further discussions. The commencement of such discussions, however, does not signify a commitment by the City to execute a Contract or to continue discussions. The City can terminate discussions at any time and for any reason.
1.6.3.
Requirement for Representation as to Accuracy and Completeness of Proposal. Each Service Provider shall make the following representations and warranty in its Proposal Cover Letter, the falsity of which might result in rejection of its Proposal: “The information contained in this Proposal or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This Proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts.”
1.6.4.
Trade Secrets/Confidentiality. Upon receipt at the Procurement Services Division, your Proposal is considered a public record except for material which qualifies as “trade secret” information under N.C. Gen. Stat. 66-152 et. seq. including Personal Identification information to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers. After the Proposal due date, the City’s Evaluation Committee, as well as other City staff and members of the general public who submit public records requests will review the Proposal. The public disclosure of the contents of each Service Provider Proposal submitted in response to this RFP is governed by Chapter 132 and 66-152 et. seq. of the General Statutes of North Carolina. If any Proposal contains trade secret information as defined by Chapter 66-152 et. seq. of the General Statutes of North Carolina, such trade secret information should be specifically and clearly identified in accordance with this Section 1.6.4. To properly designate material as trade secret under these circumstances, each Service Provider must take the following precautions: (a) any trade
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Section 1 Introduction and General Information secrets submitted by a Service Provider should be submitted in a separate, sealed envelope and on separate CD for electronic files, marked “Trade Secret—Confidential and Proprietary Information—Do Not Disclose Except for the Purpose of Evaluating this Proposal,” and (b) the same trade secret/confidentiality designation should be stamped on each page of the trade secret materials contained in the envelope and on each page of the electronic file. In submitting a Proposal, each Service Provider agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process. Furthermore, each Service Provider agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Service Provider has designated as a trade secret. Any Service Provider that designates its entire Proposal as a trade secret may be disqualified. 1.6.5.
Prohibited Discrimination. The City is committed to promoting equal opportunities for all and to eliminating prohibited discrimination in all forms. For purposes of this section, Prohibited Discrimination means discrimination in the solicitation, selection, and/or treatment of any subcontractor, vendor, supplier or commercial customer on the basis of race, ethnicity, gender, age, religion, national origin, disability or other unlawful form of discrimination. Without limiting the foregoing, Prohibited Discrimination also includes retaliating against any person, business or other entity for reporting any incident of Prohibited Discrimination. It is understood and agreed that not only is Prohibited Discrimination improper for legal and moral reasons, Prohibited Discrimination is also an anti-competitive practice that tends to increase the cost of goods and services to the City and others. As a condition of entering into any Contract, the Service Provider shall represent, warrant and agree that it does not and will not engage in or condone Prohibited Discrimination. Without limiting any rights the City may have at law or under any other provision of any Contract, it is understood and agreed that a violation of this provision constitutes grounds for the City to terminate any such Contract.
1.6.6.
Statutory Requirements. Any Contract awarded as a result of this RFP shall be in full conformance with all statutory requirements of North Carolina and all statutory requirements of the Federal Government, to the extent applicable.
1.6.7.
Reservation of Right to Change Schedule. The City shall ultimately determine the timing and sequence of events resulting from this RFP. The City reserves the right to delay the closing date and time for any phase if City staff believe that an extension will be in the best interest of the City.
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Section 1 Introduction and General Information 1.6.8.
Reservation of Right to Amend RFP. The City reserves the right to amend this RFP at any time during the process, if it believes that doing so is in the best interests of the City. Any addenda will be posted to the Internet at the following locations:
• •
For the IPS State website, search for RFP # 269-2013-03-002 to find if any documents or changes that have been posted to the Internet by using the following link: www.ips.state.nc.us For the Airport website, search by RFP title: Personnel Staffing for Parking and Taxi Operations using the following link: http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/ADsF orBids.aspx
Service Providers are required to acknowledge their receipt of each addenda by including the Addendum Receipt Confirmation Form set forth in Section 7, Form 2 with their Proposal. 1.6.9.
Additional Evidence of Ability. Service Providers shall be prepared to present additional evidence of experience, qualifications, abilities, equipment, facilities, and financial standing. The City reserves the right to request such information at any time during the Proposal evaluation period for this RFP.
1.6.10.
No Collusion or Conflict of Interest. By responding to this RFP, the Service Provider shall be deemed to have represented and warranted that the Proposal is not made in connection with any competing Service Provider submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud.
1.6.11.
Proposal Terms Firm and Irreversible. The signed Proposal shall be considered a firm offer on the part of the Service Provider. The City reserves the right to negotiate price and Services. All Proposal responses (including all statements, claims, declarations, prices and specifications in the Proposals) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City. The Service Provider chosen for award should be prepared to have its Proposal and any relevant correspondence incorporated into the Contract, either in part or in its entirety, at the City's election. Any false or misleading statements found in the Proposal or Contract exceptions not included in the Proposal may be grounds for disqualification.
1.6.12.
Proposal Binding for 90 Days. Each Proposal shall contain a statement to the effect that the Proposal is a firm offer for ninety days (90) calendar day period from the date of the opening. This statement must be signed by an individual authorized to bind the Service Provider and include their name, title, address, and telephone number. All prices quoted shall be firm and fixed for the full Contract period. The City shall have the option to accept subject to exception by Contract.
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Section 1 Introduction and General Information 1.6.13.
SBO Program. It is the policy of the City of Charlotte in accordance with SB 1336 as approved by the NC General Assembly on August 27, 2002, that Small Business Enterprises shall have the maximum opportunity to compete for and participate in the performance of contracts issued on behalf of the City of Charlotte. The City further requires that its Service Providers agree to take all the necessary and responsible steps to ensure that Small Business Enterprises have the maximum opportunity to participate as subcontractor for Service Providers issued by City of Charlotte, Economic Development Division.
1.6.14.
Subcontracting. The Company shall not subcontract any of its obligations under this Contract without the Charlotte Douglas International Airport’s prior written consent. In the event the Airport does consent in writing to a subcontracting arrangement, Company shall be the prime Service Provider and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.
1.6.15.
City License Requirement. A current City of Charlotte and/or Mecklenburg County Business License is required for the successful Service Provider who either personally or through agents, solicits business within the city limits; or picks up and/or delivers goods or delivers services within the city limits. All questions regarding licensing should be directed to the Business Tax Collections Office, 704-336-6315.
1.6.16.
Equal Opportunity. The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Service Providers regardless of race, color, religion, age, sex, and national origin or disability.
1.6.17.
Use of City’s Name. No advertising, sales promotion or other materials of the Service Provider or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.
1.6.18.
Withdrawal for Modification of Proposals. Service Providers may change or withdraw their Proposals at any time prior to the Proposal due date; however, no oral modifications will be allowed. Only telegrams, letters, or other formal written requests for modifications or corrections of a previously submitted Proposal, which is addressed in the same manner as the Proposal, and received by the City prior to the scheduled closing time for receipt of Proposals, will be accepted. The Proposal, when opened, will then be corrected in accordance with such written request(s), provided that the written request is contained in a sealed envelope, which is plainly marked “Modifications to Proposal.”
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Section 1 Introduction and General Information 1.6.19.
No Bribery. In submitting a response to this RFP, each Service Provider certifies that neither it, any of its affiliates or subcontractor, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the City in connection with the Contract.
1.6.20.
Exceptions to the RFP. Other than exceptions that are stated in compliance with this Section, each Proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP including the Sample Contract language included as Section 8. An “exception” is defined as the Service Provider’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP including the Sample Contract language included as Section 8. All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Service Provider provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Service Provider’s solution, must be described in detail.
1.6.21.
Fair Trade Certifications. By submission of a Proposal, the Service Provider certifies that in connection with this procurement:
The prices have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with anyone;
Unless otherwise required by law, the prices which have been quoted in its Proposal have not been knowingly disclosed by the Service Provider and will not knowingly be disclosed by the Service Provider prior to opening; and
No attempt has been made or will be made by the Service Provider to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.
1.6.22.
Clarification of Ambiguities. Any Service Provider believing that there is any ambiguity, inconsistency or error in this RFP shall promptly notify the City in writing of such apparent discrepancy. Failure to notify will constitute a waiver of claim for ambiguity, inconsistency or error.
1.6.23.
Service Provider’s Obligation to Fully Inform Themselves. Service Providers or their authorized representatives are expected to fully inform themselves as to all conditions, requirements and specifications of this RFP before submitting Proposals. Failure to do so will be at the Service Provider’ own risk.
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Section 1 Introduction and General Information 1.6.24.
Disclaimer. Each Service Provider must perform its own evaluation and due diligence verification of all information and data provided by the City. The City makes no representations or warranties regarding any information or data provided by the City.
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Section 2 Procurement Process 2. PROCUREMENT PROCESS. This Section 2 contains information about the procurement process for this Project. 2.1.
Schedule and Process. The following chart shows the schedule of events to prepare the Service Provider’s Proposal. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow: DATE
EVENT
March 20, 2013
Issuance of RFP. The City issues this RFP.
March 25, 2013
Submission of Written Questions Prior to PreProposal Conference. Service Providers are permitted to submit written questions, but only for purposes of clarifying this RFP. All submissions must be e-mailed to Crystal Bailey at
[email protected]. Questions are due by 12 p.m.-EST on March 25, 2013.
March 26, 2013
Non-Mandatory Pre-Proposal Conference. Conference to be held at 10:00 a.m. - EST at the CLT Center located at 6501 Wilkinson Blvd, Charlotte, NC 28202.
April 1, 2013
Submission of Written Questions After the PreProposal Conference.
April 8, 2013
Proposal Submission. Proposals are due by 11 a.m. – EST, Monday, April 8, 2013, at the CLT Center – 6501 Wilkinson Blvd, Charlotte, NC 28202. All Proposals will be time-stamped upon receipt and held in a secure place until this date.
April 8, 2013 –
Evaluation. Proposals will be evaluated.
April 17, 2013 Week of April 15th
Negotiation and Final Selection
April 22, 2013
Contract Award by City Council.
July 1, 2013 2.2.
Service Provider begins providing all Personnel Staffing for Parking and Taxi Operations.
Interpretations and Addenda. No interpretation or clarification of the meaning of any part of this RFP will be made orally to any Service Provider with the exception of questions answered at the PreProposal Conference. Otherwise, Service Providers must request such interpretations or clarifications in writing from the City. Address requests for information or clarification of this RFP to Crystal Bailey at
[email protected]. When submitting questions, please reference the RFP page and topic number. In order for questions to be addressed at the Pre-Proposal Conference, they must be submitted by 12 Noon, Monday, March 25, 2013.
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Section 2 Procurement Process After the Pre-Proposal Conference, questions must be submitted in writing by the deadline stated in Section 2.1. In the case of questions not submitted by the deadline, the City will, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the Proposal Due Date. When responding to Service Provider questions or issuing addenda to the RFP, the City will post the answer or information to the Internet.
•
For the IPS State website, search for RFP # 269-2013-03-002 to find if any documents or changes that have been posted to the Internet by using the following link: www.ips.state.nc.us
•
For the Airport website, search by RFP title: Personnel Staffing for Parking and Taxi Operations using the following link: http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/ADsForBids.aspx
The City reserves the right to disqualify any Service Provider who contacts a City or County official, employee, or agent concerning this RFP other than in accordance with this Section. Nothing in this Section shall prohibit the City from conducting discussions with Service Providers after the Proposal due date. 2.3.
Pre-Proposal Conference. A Non-Mandatory Pre-Proposal Conference will be conducted on March 26, 2013 at 10:00 a.m. – EST. The meeting will be held at, CLT Center, 5601 Wilkinson Boulevard, Charlotte, North Carolina 28208. While attendance at the Pre-Proposal Conference is not mandatory, all interested Service Providers are encouraged to attend. If special accommodations are required for attendance, please notify Crystal Bailey in advance of the conference date and time identifying the special accommodations required.
2.4.
Submission of Proposals. One (1) electronic copy on a CD in a searchable format such as MS Word or Adobe Acrobat and one (1) unbound original Proposal signed in ink by a company official authorized to make a legal and binding offer, plus four (4) copies shall be submitted to the address listed in Section 2.3 above by Monday, April 8, 2013 before but no later than 11:00 a.m. – EST. The "original" Proposal and each of the four (4) copies shall be complete and unabridged, and shall not refer to any other copy of the signed/sealed original for any references, clarifications, or additional information. When received, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. Proposals sent by fax or email will not be accepted. Please do not arrive at the CLT Charlotte office located at the Airport on the Proposal due date for the purposes of reviewing your competitor's Proposals. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved.
2.5.
Correction of Errors. The person signing the Proposal must initial erasures or other corrections in the Proposal. The Service Provider further agrees that in the event of any obvious errors,
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Section 2 Procurement Process the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors. 2.6.
Price Adjustment As Part of the RFP: To submit price adjustments as part of your proposal, you must: (a) comply with any limitations or instructions that are stated in this RFP; and (b) state very clearly in the Price Sheet of your Response Forms the proposed price adjustments or, if permitted, the price adjustment formula. Restrictions and instructions regarding price adjustments are provided in the Response Forms. It is important that you check for these restrictions and instructions carefully. In some instances price adjustments are not permitted as part of the RFP. In other instances formula price increases are prohibited due to the difficulty they create in comparing prices.
2.7.
Price Adjustment If Not Included As Part of the RFP: If price adjustments are not included in your Proposal, the price(s) stated in your Proposal shall apply for the entire term of the Contract unless the Charlotte Douglas International Airport approves a price adjustment in writing in accordance with the following terms: o Price increases shall only be allowed when justified in the Charlotte Douglas International Airport’s sole discretion based on legitimate, bona fide increases in the cost of services. No adjustment shall be made to compensate a Service Provider for inefficiency in operation, increase in labor costs, or for additional profit. o
To obtain approval for a price increase, the Service Provider shall submit a written request to the Procurement representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of services. The request must state and fully justify the proposed price increase per unit over the price originally proposed. Charlotte Douglas International Airport - CLT Center 5601 Wilkinson Boulevard Charlotte, NC 28208 Attention: Crystal Bailey
o
No proposed price increase shall be valid unless accepted by the Charlotte Douglas International Airport in writing. The Airport may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the Airport’s sole discretion. If the Airport rejects such price increase, the Proposer shall continue performance of the Contract.
o
If the Airport approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the Airport shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the Airport in writing if the market factors on which the Airport granted
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Section 2 Procurement Process the increase change such that the Airport’s reasons for granting the increase longer apply. 2.8.
Evaluation. As part of the evaluation process, the Evaluation Committee may engage in discussions with any Service Provider. Discussions might be held with individual Service Providers to determine in greater detail the Service Provider’s qualifications, to explore with the Service Provider the scope and nature of the required contractual Services, to learn the Service Provider’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City. The City may in its discretion require one or more Service Providers to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Service Provider may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed. Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Service Providers will be notified in advance of the time and format of such meetings. Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall define the Service Provider's best offer for performing the Services described in this RFP.
2.9.
Contract Award by Charlotte City Council. As soon as practical after opening the Proposals, the name of the apparent successful Service Provider will be submitted to the City Council for final approval of award. If approved by the City Council, the City will provide Contract documents to the Service Provider. In the event the City Council approval is not received within one hundred eighty (180) calendar days after opening of the Proposals, the Service Provider may request that it be released from the Proposal.
2.10.
Post Award Conference: A Post-Award Conference may be scheduled as soon as practical after the award of the Contract. The Company shall attend the conference and shall provide at such conference a written schedule for the delivery of any Products or Services for which no delivery dates have been specified in this RFP. The Company shall provide at least two (2) local telephone numbers that may be used to contact the Company’s authorized representative in the event of an emergency after normal business hours.
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Section 3 Scope of Services 3. SCOPE OF SERVICE - PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS. 3.1.
General Scope. The City of Charlotte – Aviation Department is seeking Personnel Staffing Services to assist in fulfilling parking cashier dues, certain ground transportation and parking duties to support the Charlotte (CLT) Airport with approximately 141,336 manhours per year. Please refer to the Estimated Annual Manhours table below for a breakdown of estimated annual manhours by service category. ESTIMATED ANNUAL MANHOURS BY CATEGORY Supervisor Trainer Cashier Lot Attendant Customer Service Spotter Taxi License Plate Inventory Workers Training
8,736 2,080 30,992 8,736 49,192 13,000 14,040 10,400 4,160
Site Locations. o Parking and certain ground transportation operations are located just one mile from the Airport at 5601 Wilkinson Boulevard, Charlotte, NC 28208. o
Taxi operations are handled at Airport terminal at 5501 Josh Birmingham Parkway Charlotte, NC 28208.
Airport parking rates are established by City Council and shall not be the responsibility of the selected Service Provider. The City intends to award one contract in order to meet the various needs. While the City is flexible with respect to certain elements of its proposed relationship with the Personnel Services Provider, the City does have certain preferences for that relationship and has developed the following proposed model for that relationship. Your proposal shall address each of the elements described in this Section. 3.2.
General Requirements. The successful proposer shall have the right and obligation at the CLT Airport to provide personnel staffing to: • •
Collect and account for the receipt of parking fees due from the users of various public parking facilities operated by the City at the Airport; Lot assistance personnel and related license plate inventory services, as well as, taxicab dispatch and/or starter duties as outlined herein or approved by the City.
The right and obligation shall be pursuant to an Agreement between the City and the successful Proposer, subject to applicable rules and regulations. Pursuant to Section PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS RFP# 2013-03-002 MARCH 20, 2013
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Section 3 Scope of Services 5 of the Small Business Opportunity Program (SBO), no SBO utilization goal was set for this contract because subcontracting will not be allowed for this Contract. 3.2.1.
3.3.
Days and Hours of Operation: Charlotte Douglas International Airport operates on a 24x7x365 basis. Personnel Staffing will be required to work on City holidays. The Service Provider shall be provided the City’s holiday schedule upon Contract Award and shall be informed of special requirements regarding specific job descriptions. Days and times to accommodate for high demand from special events may be proposed by the operator and will be subject to Airport Director’s approval.
Services to be Provided. The successful Proposer shall be responsible for providing adequate personnel to perform the parking lot cashier services, lot assistance and related license plate inventory services, as well as, taxicab dispatch and/or starter duties. 3.3.1.
Parking Lot Cashiers. Service Provider shall provide cashiers for certain parking facilities operated by the City in connection with the Airport (the “Facilities”), as designated by the City from time to time. Cashiers’ duties shall include, generally, using provided equipment for the processing of cashiering transactions, using credit card point-of-sale equipment and making change.
3.3.2.
License Plate Inventory Workers. Service Provider shall provide personnel to inventory the vehicles parked from time to time in the Facilities. Personnel must be able to use the provided equipment and be able to work without close supervision on the designated shift.
3.3.3.
Customer Service Representative. Service Provider shall provide personnel to respond to parking customer inquiries, handle customer complaints in a professional manner, provide services such as jump starts and vehicle location assistance and perform minor repairs to parking service equipment. Customer Service Representative will staff the City office and must be able to handle large sums of money in an accurate manner. 3.3.3.1
3.3.4.
Parking Dispatch Room. Monitor and operate computer programs for - Scheidt Bachmann Revenue Control Systems, Transcore Gatekeeper Dispatch system, Daktronics Roadway Signage systems, Communicate with customers via telephone and intercom to assist with fee payments, Monitor Closed Circuit Video system, Update the Public website and recorded parking Information telephone line, Coordinate with Bus Operations Dispatch to open or close Lots.
Taxicab Dispatchers and Starters. Service Provider shall provide personnel to act as Dispatchers and Starters for taxicabs operating from the Airport, in accordance with all applicable laws, ordinances, and City policies. The Dispatcher will dispatch cabs in rotating order by company from the taxi holding area working closely with
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Section 3 Scope of Services the taxi Starter to insure the proper expeditious flow of taxis to the terminal. Taxicab Starters will summon taxicabs for passengers to terminal and will control, organize and expedite passenger processing. 3.3.5.
Spotters. Service Provider shall provide personnel on a short term or seasonal basis to assist customers in finding parking spaces. Spotters may also be required to direct traffic in order to facilitate airport operations.
3.3.6.
Lot Attendants. Service Provider shall provide personnel to monitor traffic, assign and track keys and to collect and verify shuttle bus conditions logs and other such information as City may request from time to time. Lot attendants may be required to wash buses using equipment provided by the City.
3.3.7.
Account Contact. Service Provider will designate one contact person who shall be available to the City staff 24 hours a day/7 days a week /365 days a year either in person or by telephone to address any issues, questions or concerns arising under this Agreement.
3.3.8.
Supervisory Staff. Service Provider shall provide on-site supervisory personnel to oversee and direct Service Provider’s personnel in the performance of Service Provider’s duties under this Agreement.
3.3.9.
Trainer. Service Provider shall provide personnel to provide training to Contactor’s personnel. Service Provider’s training personnel hours may vary from the hours set forth in RFP Work Schedules Attachment (at the end of the document) without the written approval of the Aviation Director or his or her designee.
The services shall be maintained and performed at locations and during times designated by the Aviation Director from time to time. The proposed work schedules are set forth on RFP Work Schedules, attached hereto and incorporated herein by reference, but are subject to change upon notice of the Aviation Director. 3.4.
Quantity. The Service Provider shall provide personnel (“Personnel”) in sufficient quantity to meet the estimated manhour requirements for each category of Services. However, the estimated annual manhours shall not be considered a guarantee of work, as actual manhours may be more or less than the hours listed and stated in Section 3.1; and may be determined in the City’s sole discretion and as evidenced by the Approved Staffing Schedule.
3.5.
Facilities and Equipment. The Service Provider shall provide the uniforms necessary for the performance of the Services. The City shall include the office facility and equipment to include booths with cash registers, communication equipment, Telxon units (for vehicle inventory) and other items as determined to be necessary by the City in the performance of the Services.
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Section 3 Scope of Services 3.6.
Pricing. The City expects to establish a long-term relationship with its Personnel Staffing Service Provider in order to permit costs and fees to be distributed properly over a sufficient time period. For purposes of this RFP and the Service Provider’s Proposal, assume an initial term of three (3) years from the effective date, with an option to renew for two (2) additional one-year terms. Regardless of exceptions taken, Service Providers shall provide pricing based on the requirements and terms set forth in this RFP. Pricing must be all-inclusive and cover every aspect of the Project. Cost must be in United States dollars rounded to the nearest quarter of a dollar. A pricing worksheet is provided in Section 7, Form 3 to assist you.
3.7.
No Expenses Chargeable. The Company shall not be entitled to charge the City for any travel, mileage, meals, materials or other costs or expenses associated with this Contract.
3.8.
Pre-contract costs. The City shall not be charged for any Services or other work performed by the Company prior to the effective date of the awarded Contract.
3.9.
Employees and Training. The successful Proposer shall provide trained, qualified personnel to perform the Services. The City shall make available to the successful Proposer, copies of written materials in its possession relating to the operation of any equipment used in performing the Services and shall further make available one or more members of the Airport staff to train limited numbers of successful Proposer’s management and supervisory staff in the proper operation of the Services. Otherwise, the successful Proposer shall be solely responsible for the training of its personnel. Proposers are asked to submit as part of the proposal its intended training procedures, including without limitation, training schedules, hours of training, identification of trainers and other relevant practices. Employees of the successful Proposer may be required to obtain an Airport-issued employee identification badge to be displayed in a visible manner, at all times. Employees shall act in a respectful, cooperative and courteous manner with the general public, Airport and City personnel and employees and Operators of other services and concessions at the Airport, at all times. The successful Proposers will be required to implement and maintain a quality review and control system with respect to its employees, to include an appropriate manner of responding to complaints about employees registered by the general public, Airport or City personnel, which system shall be made a part of the Proposal. Proposers shall be required to have and maintain a local office, fully staffed at the Airport. Each employee of the successful Proposer assigned to perform any of the Services shall be bonded in the amount of not less than $100,000.00. Upon award and during the contract period, if the Service Provider chooses to assign different personnel to the project, the Service Provider must submit their names and qualifications including information listed above to the City for approval before they begin work.
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Section 3 Scope of Services 3.10.
Appearance. The Service Provider’s Staffing Personnel shall be expected to dress in uniforms provided by the Service Provider according to the job assignment and environment.
3.11.
Time Records. The Service Provider shall be responsible for keeping a weekly time for each Staffing Personnel that accurately states the time billable to the City.
3.12.
Holidays. Charlotte Douglas International Airport operates on a 24 x 7 basis. The Service Provider’s Staffing Personnel will be required to work on City holidays. The Service Provider shall be provided the City’s holiday schedule(s) upon Contract Award and shall be informed of special requirements regarding specific job descriptions.
3.13.
Employment Taxes and Employee Benefits. The Service Provider represents and warrants that the Employees provided by the Service Provider to perform the Services are actual employees of the Service Provider, and that the Service Provider shall be responsible for providing all salary and other applicable benefits to each Employee. The Service Provider further represents, warrants and covenants that it will pay all withholding tax, social security, Medicare, unemployment tax, worker's compensation and other payments and deductions which are required by law for each Employee. The Service Provider agrees that the Employees are not employees of the City.
3.14.
Minimum Wages. The successful Proposer shall pay all employees performing work under the Contract a minimum wage per hour in accordance with an approved minimum wage schedule determined by the Aviation Director, based upon recommendations, which Proposers are asked to include in the proposals. The minimum wage per hour payable to employees may be increased by the Aviation Director in consultation with the successful Proposer in the event that the minimum wage per hour is shown to lie below the market rate and/or if such minimum rate is considered by the Aviation Director to detrimental to the successful Proposer’s ability to attract and retain quality employees. Proposers are also asked to propose a single performance increase in the approved minimum wage, including recommendations as to the amount of the increase and criteria for eligibility for the increase.
3.15.
Cash Handling. The Service Provider shall develop appropriate written cash handling procedures for the protection of the funds provided by and collected on behalf of the City. Notwithstanding, Service Provider shall be fully responsible for all operating funds and collections until such funds or collections are received by the City. For the purposes of funds collected by the Service Provider on behalf of the City, the term “Received by the City” shall mean that the funds have been deposited into the City’s safe and all funds have been audited by the City for accuracy of the collection process.
3.16.
Airport Badges. Personnel shall be required to obtain an airport identification badge in accordance with the policies and procedures thereof. Personnel shall be required to wear such badges in accordance with Airport policy at all times while on duty in performance of Services. Service Provider will be responsible for the return of all badges assigned to
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Section 3 Scope of Services Personnel and will be required to reimburse the Airport for all badges lost or not returned. 3.17.
Driving Permits. All Personnel who may drive a City owned vehicle in performance of Services, will be required to obtain a City Driving Permit. The City may, in its sole discretion, reject the driving permit application or revoke the driving permit of anyone it deems unfit to drive City vehicles. Personnel shall follow all applicable State and Federal laws and City polices related to driving of vehicles.
3.18.
Overtime. Service Provider may bill the City for Overtime paid to Personnel for up to 2 % of total monthly hours or when that overtime has been approved in writing and in advance and where such right of approval has been expressly granted by the Aviation Director or his or her designee in writing to the Service Provider. Service Provider is expected to have sufficient personnel trained and qualified that overtime shall not be required to meet the requirements. In the event that hours exceed the budgeted amount, Service Provider must receive prior approval in writing or as excepted by the verbiage in Section 3.20 or those hours will not be reimbursed at the overtime rate.
3.19.
Time Keeping. Service Provider shall provide, at its own expense, a time clock(s) for use by Personnel performing Service.
3.20.
Approved Staffing Schedule. The City, working in connection with Service Provider’s supervision, will generate and update as necessary and Approved Staffing Schedule reflecting the man-hours requested by City. Any deviation from the Approved Staffing Schedule must be approved in writing by the Aviation Director or his or her designee. Such approval may be by email. City agrees to provide Service Provider with 72 hour notice of changes to the Approved Staffing Schedule. In the event the City cannot provide 72 hour notice, Service Provider will make every reasonable effort to fill shifts without using overtime however, City agrees that providing less than 72 hour notice shall constitute preapproval of overtime for the purpose of filling additional shifts. Overtime accrued due to the City’s failure to provide 72 hour notice will not count against the Service Provider’s pre-approved 2 % allotment.
3.21.
Employment Eligibility Verification. The Service Provider shall complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and non-citizen) hired after November 6, 1986, to work in the United States. Service Providers are responsible for completing and maintaining Form I-9, for each employee to perform the Services under this Contract.
3.22.
Performance, Payment and Guaranty Bond. Service Provider shall provide and maintain a Performance Bond satisfactory to the City in an amount of not less than fifty thousand dollars ($50,000). City shall not make a bond claim until it first notifies Service Provider as to the reason why such a claim is being made at which time Service Provider shall have ten (10) days to cure. The Performance Bond shall terminate at the termination of the Contract.
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Section 3 Scope of Services 3.23.
Financial Basis for Privilege The City is prepared to enter into an Agreement for the Services for a term of three (3) years beginning on the award of the Contract. Therefore, the term may be extended for two (2) additional periods of one (1) year each, in the City’s discretion. The city shall pay to the successful Proposer an amount based upon the total number of hours worked by the successful Proposer’s employees in performing the Services. Proposers are asked to propose to the City the percentage mark-up of the approved minimum wages that it proposes to charge the City for providing the Services. The percentage mark-up, should include all benefits required by law such as, but not limited to, worker’s compensation and unemployment insurance as well as any fringe benefits offered by the Proposer. All items included in percentage mark-up including, without limitation, worker’s compensation and unemployment insurance, profit, overhead and any fringe benefits offered by the Proposer should be broken out specifically and described in detail as part of the Proposal.
3.24.
3.25.
Customer Service. The City is very focused on Customer Service with a philosophy to provide all customers with quality services in a manner that is courteous, responsive, accessible, and seamless. The Services will be delivered with patience, understanding, good will, and without regard to our own convenience. The selected Service Provider will be expected to use these guidelines in developing the Proposed Solution: •
Accessible, courteous, responsive and seamless customer service is of highest priority for the City.
•
Accessible service means that citizens have easy access to the organization.
•
Seamless customer service means that a customer gets good service no matter who is responsible.
•
Responsible customer service means that our employees know what they are doing: that information they give is accurate; that they have a good understanding of how to get problems and decisions made; that they are trained and evaluated for the jobs they are doing.
•
Customer Service goals must be measurable and regularly evaluated.
•
Continuous improvements in customer service must be made in order to make City services accessible, responsive and as seamless as possible.
Invoices. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options: Option 1 – E-mail one copy of each invoice to
[email protected]. Company shall not mail invoices that have been sent via e-mail. Option 2 – Mail one copy of each invoice to: City of Charlotte Accounts Payable - Attention: Aviation P O Box 37979 Charlotte, NC 28237-7979
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Section 3 Scope of Services The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods. •
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice.
•
It is acknowledged and agreed that having correctly priced invoices is a material element of the proposal to the City. Failure by the Company to submit correct invoices may be grounds for termination of the contract. Without limiting the City’s right to terminate the contract for incorrect pricing on invoices, the Company agrees to pay the City a service fee for correcting invoices equal to twenty-five dollars ($25) for each item incorrectly priced on an invoice. Payment must be in the form of a deduction from other amounts owed to the Company.
•
Invoices must include only Products and Services that have been delivered and completed.
•
As a condition of payment, the Company must invoice the City for Products and Services within 60 days after such Products and Services are delivered. THE COMPANY WAIVES THE RIGHT TO CHARGE THE CITY FOR ANY PRODUCTS OR SERVICES THAT HAVE NOT BEEN INVOICED TO THE CITY WITHIN 60 DAYS AFTER SUCH PRODUCTS OR SERVICES WERE DELIVERED.
3.26.
Security Requirements. The Service Provider must define and demonstrate security procedures that are in place. The City requires that security measures be taken – both physical security and network security, in that the City’s information and other documents are made available only to the Service Provider and parties that the City approves.
3.27.
City Contract Requirements. The City will enter into a Contract written by the City with the successful Service Provider that contains the terms and conditions set forth in the RFP. Each Service Provider must state specifically in its Proposal any exceptions to the terms and conditions included in the RFP, and any proposed additional terms or conditions deemed important by the Service Provider. The City will take any such exceptions and proposed additions into account during the evaluation process. Any terms and conditions that the Service Provider does not specifically object to will be incorporated into the resultant Contract. Notwithstanding the foregoing, the City reserves the right to change the proposed contractual terms and conditions prior to or during contract negotiations if it is in the City’s best interest to do so. The terms and conditions set forth in the RFP are not all inclusive. The City will propose additional terms and conditions based on the responses to this RFP and the City’s analysis of the successful Service Provider’s Proposal. The Company shall provide at least two (2) local telephone numbers that may be used to contact the Company’s authorized representative in the event of an emergency.
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Section 3 Scope of Services 3.28.
Changes in Scope. It is understood and agreed the Airport may from time to time have changes in its operational needs caused by construction and/or other matters that may affect the need for staffing. Therefore, the City, may, in its sole discretion, request from time to time, and Service Provider shall provide, other parking personnel and/or other duties to be performed upon 24-hours written notice and compensation to the Service Provider shall be adjusted accordingly. For purposes of this section only, notice may be sent by fax or email to Service Provider. Any such changes to the Scope of Services must be approved in writing by the Aviation Director.
3.29.
Background Checks. – The Service Provider is required to conduct pre-employment local criminal records check on all prospective employees. These checks are exclusive and separate of any checks that CLT may conduct for the issuance of airport issued credentials. Records of these checks should be kept by the Service Provider and made available to the Airport upon request. The Service Provider must notify the prospective employee that such background checks may be made available to the Airport. Information resulting from these checks which indicates a prospective employee may be incompatible with the proposed position or may pose a threat to the safety or security of CLT customers, employees, or properties must be further vetted Prior to starting work under the Contract, the Service Provider is required to conduct a background check on each Service Provider employee assigned to work under the Contract, and shall require its subcontractor (if any) to perform a background check on each of their employees assigned to work under the Contract (collectively, the “Background Checks”). Each Background Check must include: (a) the person’s criminal conviction record from the states and counties where the person lives or has lived in the past seven years; and (b) a reference check. After starting work under the Contract, the Service Provider shall be required to, on an annual basis, perform a Background Check for each Service Provider employee assigned to work under the Contract during that year, and shall require its subcontractor (if any) to do the same for each of their employees. If the Service Provider undertakes a new project under the Contract, then prior to commencing performance of the project the Service Provider shall perform a Background Check for each Service Provider employee assigned to work on the project, and shall require its subcontractor (if any) to do the same for each of their employees. If a person’s duties under the Contract fall within the categories described below, the Background Checks that the Service Provider will be required to perform (and to have its subcontractor perform) shall also include the following additional investigation: • •
If the job duties require driving: A motor vehicle records check. If the job duties include responsibility for initiating or affecting financial transactions: A credit history check.
The Service Provider must follow all State and Federal laws when conducting Background Checks, including but not limited to the Fair Credit Reporting Act requirements, and shall require its subcontractor to do the same.
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Section 3 Scope of Services The Service Provider shall notify the City of any information discovered in the Background Checks that may be of potential concern for any reason. The City may conduct its own background checks on principals of the Service Provider as the City deems appropriate. By operation of the public records law, background checks conducted by the City are subject to public review upon request. 3.30.
Vendor Registration. The City is pleased at your interest in doing business with the City of Charlotte and appreciates the opportunity to provide you with information regarding procurement protocols. The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Service Providers. Your company will need to register as a vendor with the City of Charlotte. Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specific commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as a Small Business Enterprise (SBE) or a Minority and WomanOwned or Small Business Enterprise (MWSBE). The link below will provide you with the opportunity to complete your registration on-line with the City. https://cityvendors.charmeck.org
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Section 4 Proposal Format 4. PROPOSAL FORMAT. The City desires all Proposals to be identical in format in order to facilitate comparison. While the City’s format may represent departure from the Service Provider’s preference, the City requires strict adherence to the format. The Proposal will be in the format described below: a. b. c. d. e. f. g. h. i. j.
Cover letter; Executive Summary; Background and Experience as requested in Section 5; Proposed Services as requested in Section 3; The “Addenda Receipt Confirmation” set forth in Section 7, Form 1; The “Proposal Submission” set forth in Section 7, Form 2; The “Pricing Worksheet” set forth in Section 7, Form 3; The “Proposal Certification” set forth in Section 7, Form 4; and References Exceptions to the Remainder of the RFP.
All Proposals shall be 8 1/2" x 11" format with all standard text no smaller than eleven (11) points. All original submissions should use one-sided copying and be professionally bound with tab dividers corresponding to the content requirements specified below. • • • •
•
All Proposals shall be 8 1/2" x 11" format with all standard text no smaller than eleven (11) points; All copies must be printed double-sided; All Proposals and copies are printed on recycled paper (at least 10% post-consumer recovered material and at least 30% total recovered material), and indicate this information accordingly on the response; Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as three ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and Materials must be submitted in a format that allows for easy removal and recycling.
Proposals must also include a CD including the entire Proposal in a searchable format such as MS Word or Adobe Acrobat. Service Providers are required to organize the information requested in this RFP in accordance with the format outlined. Failure of the Service Provider to organize the information required by this RFP as outlined may result in the City, at its sole discretion, deeming the Proposal non-responsive to the requirements of this RFP. The Service Provider, however, may reduce the repetition of identical information within several sections of the Proposal by making the appropriate cross-references to other sections of the Proposal. Appendices for certain technical or financial information may be used to facilitate Proposal preparation. An Excel or Word version of all proposal questions from Section 4, Section 5 and the pricing worksheet may be obtained via email request to
[email protected].
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Section 4 Proposal Format
4.1.
Proposal Content. 4.1.1.
Cover Letter. The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents on behalf of the Service Provider as outlined in Section 1.6.3. The cover letter shall provide the name, address, telephone and facsimile numbers of the Service Provider along with the name, title, address, telephone and facsimile numbers of the executive that has the authority to contract with the City. The cover letter shall present the Service Provider's understanding of the Project, a summary of the approach to be undertaken to perform the Services, as well as a summary of the costs to provide the Services.
4.1.2.
Executive Summary. The Service Provider shall submit an executive summary, which outlines its Proposal, including the proposed general management philosophy. The executive summary shall, at a minimum, include an identification of the proposed project team, responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of this Proposal, which make it superior or unique in addressing the needs of the City.
4.1.3.
Background and Experience. The Service Provider shall provide a concise description of the company, including origin, state of incorporation, background, and current size as requested in Section 5. Include information concerning general organization and staffing as well as experience with similar Personnel Services projects as described in Section 3.
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Section 4 Proposal Format 4.1.4.
Proposed Solution. Given the purpose of this project and the City's goals as stated in this RFP, provide a creative solution to meet such goals. For each component of the Project described in Section 3, state whether your Proposed Solution complies and provide a description of how the Proposed Solution complies as well as any additional information requested. Also, please address the following as completely as possible. If you wish to add supplemental information, it shall be labeled “Supplemental Information.” 4.1.4.1. Process. What steps will your organization take to ensure that the transition of Services runs smoothly? 4.1.4.2. Client Relationship Management. Describe the communications scheme that your organization will use to keep the City informed about the progress of the Service. 4.1.4.3. Risk Management. Describe the risks associated with this Contract. What contingencies have been built in to mitigate those risks? 4.1.4.4. Pricing. The City is requesting firm fixed price Contract for three (3) years plus pricing. Pricing MUST include all aspects of the Service. Please refer to Section 7, Form 3 for a pricing worksheet to assist you. 4.1.4.5. Provide a detailed description of any markup that the Agency retains; the conversion rates for temp to perm conversions, as well as, any additional costs or fees not included in the hourly rate. 4.1.4.6. Describe in detail your organization’s hiring process, ordering process, training programs, employee benefits and other services that are provided to employees. 4.1.4.7. Describe how quality and service standards will be maintained. 4.1.4.8. Provide a description of your organization’s screening process for temporary employee applicants and how background checks are conducted. 4.1.4.9. Provide information related to how temporary employees are recruited. 4.1.4.10. Provide a description of any testing, including aptitude or skills tests, that is administered.
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Section 4 Proposal Format 4.1.4.11. Describe the methods used to resolve issues with staff or organizational performance, including conflict resolution. 4.1.4.12. Describe how your organization evaluates job performance of temporary employees. 4.1.4.13. Service Provider shall provide who would be the primary contact with the City and what are his/her qualifications. Service Provider shall be responsible for review and revision of professional and administrative policies and procedures including procedures for addressing customer complaints in a timely manner. (e.g., late arrivals for service, failure to appear at scheduled service site, unprofessional behavior, unprofessional attire, suspicion of substance abuse, etc.) Service Provider shall remedy any work performance deemed unacceptable by the City's representative supervising the work in question, in a timely manner at Service Provider’s own expense. 4.1.4.14. Describe your current cash handling procedures. 4.1.5.
Required Forms. To be deemed responsive to this RFP, Service Providers must complete in detail, all Proposal Forms listed in this Section 4, items numbered f through i.
4.1.6.
Exceptions to the RFP. Exceptions must be submitted in accordance with Section 1.6.20 of this RFP. If exceptions are not identified in your Proposal they may not be considered during Contract negotiation and could result in Proposal being rejected from further consideration. If legal council needs to review the Sample City Contract prior to signature, reviews must be completed before your Proposal is submitted.
An Excel or Word version of all proposal questions from Section 4, Section 5 and the Pricing Worksheet may be obtained via email request to
[email protected].
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Section 5 Background and Experience 5. SERVICE PROVIDER’S BACKGROUND AND EXPERIENCE. Please answer the following questions as completely as possible, placing your answer immediately after the question to which it applies. If you wish to add supplemental information, it shall be labeled “Supplemental Information.”
5.1.
Official Name. Provide the legal name and address of the company and state of incorporation submitting the proposal. Also identify all subcontractor or joint venture partners.
5.2.
Service Provider Background. Provide an overview and history of your company. How long has the company been providing Services to local governments? Describe the organization and ownership. Include an organization chart.
5.3.
Proposing Organization’s Structure. a. Describe your total organization, including any parent companies, subsidiaries, affiliates, and other related entities; b. Describe the ownership structure of your organization, including any significant or controlling equity holders; c. Provide a management organization chart of your overall organization, showing director and officer positions and names and the reporting structure. Provide detailed information for the Personnel Staffing Services business segments of your organization, showing the reporting structures within these segments and among these segments and the overall organization; and d. Describe any organizational changes such as divestitures, acquisitions, or spinoffs involving your Personnel Staffing Services business segments that have occurred in the latest two (2) years or are anticipated in the future.
5.4.
References. Provide an organization name, address, contact name, and contact telephone number for three (3) customers of comparable size and scope of service that your Company has been under contract with to provide Personnel Staffing Services for during the past five (5) years.
5.5.
Analytical Approach (no response required). The evaluation of financial viability of the Service Providers was developed with one primary goal in mind: to protect the City from risk of default by a selected Service Provider due to financial instability. Various analytical techniques will be used to assess the financial strength and stability of each Service Provider, focusing on profitability, solvency, and efficiency. The analysis will include an evaluation of specific financial indices and ratios in an effort to maximize objectivity and provide measures that are more directly comparable among Service Providers. Other factors which may impact the financial position of a Service Provider, or which provide additional evidence of the financial strength of a Service Provider, will also be assessed. These factors include years of experience in providing similar Services, and demonstration of the ability to obtain sufficient levels of liability and property damage insurance.
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Section 5 Background and Experience Relevant information regarding recent litigation and bankruptcy filings, which may materially affect a Service Provider’s financial position, will be examined. In addition to credit ratings and credit reports, bank and vendor references will be used to evaluate the credit worthiness of each Service Provider. 5.6.
Guarantor. The nature of the relationship between the Service Provider and its guarantor is crucial to protect the City in the event that the contracting Service Provider defaults on its obligations. If the parent company of a proposing Service Provider is serving as the guarantor, then the parent company must indicate in a letter its willingness to guarantee all contractual obligations of the Service Provider. If the Company that is serving as guarantor has a relationship with the Service Provider other than a parent/subsidiary relationship, then a detailed explanation of all past and present relationships between the Service Provider and its guarantor must be provided, in addition to a letter from the guarantor indicating its willingness to guarantee all contractual obligations of the Service Provider. Any financial information requested of the Service Provider in the following section must similarly be provided for the guarantor. In the event of a joint submission or Proposal, all proposing entities must provide statements specifying the extent to which each entity will act as guarantor and provide all relevant financial documents for all entities involved in the joint venture. Additionally, if there is more than one (1) guarantor, then the guarantors must be jointly and separately obligated.
5.7.
Requests for Financial Information. The Service Provider must have the financial information requested in this Section 5.6 readily available and have the ability to provide it to the City, without exception, within twenty-four (24) hours upon the City’s request during the Proposal evaluation process. DO NOT INCLUDE THE FINANCIAL INFORMATION REQUESTED IN THIS SECTION WITH YOUR PROPOSAL SUBMISSION. If the Service Provider does not have the audited financial statements requested, it is the responsibility of the Service Provider to provide the City with information of sufficient quantity and with verifiable sources to ascertain that the Service Provider is financially capable of performing the Services described in this RFP. Failure to provide adequate financial information may result in the exclusion of your Proposal from the procurement process. Upon request, please furnish the following financial information for the proposing Service Provider(s), guarantor(s), and any sub-Service Provider included as having a significant role (defined as providing more than fifteen percent (15%) of the services) in providing Services to the City: a. Include in the statement of guarantor(s), as described in Section 5.5. Guarantor, evidence of the ability of the guarantor to meet the short-term funding needs of this project; b. Evidence that demonstrates the ability to obtain the insurance as required in Section 8. Such insurance should provide coverage in the stated amount for each occurrence of bodily injury and for each occurrence of property damage with
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Section 5 Background and Experience coverage for products/completed operations, personal injury liability, and contractual liability; c. Annual audited financial reports for each of the past five (5) fiscal years, prepared in accordance with Generally Accepted Accounting Principles (GAAP), and all relevant notes; d. The most recent Form 10-K and Form 10-Q filed with the Securities and Exchange Commission (SEC); or, if the Service Provider is not regulated by the SEC, then the most recent quarterly financial report. e. Description of any material adverse changes in financial position within the past five (5) years; any material changes in the mode of conducting business; any bankruptcy proceedings, mergers, acquisitions, takeovers, joint ventures, and/or divestitures within the past five (5) years. In addition, provide a clear and definitive statement of the following:
Years of providing similar Services by the Service Provider and/or predecessor organization;
Whether or not the Service Provider (and/or predecessor, guarantor or subcontractor) has declared bankruptcy within the last five (5) years;
Description of the financial impact of any past or pending legal proceedings and judgments, as identified in Section 5.10 that could materially affect the Service Provider’s financial position or ability to provide Services to the City. This information will be reviewed and assessed in accordance with the information provided by the Service Provider, in the above referenced Section;
All credit reports, credit bulletins, and any other published statements by the most recognized agencies (Standard & Poors Rating Group, Moody, Investor Services, Dun & Bradstreet, and Value Line) that have been issued or published about the entity within the past five (5) years;
The prospectus or offering statement for the entity’s latest security or equity offering;
The company name, contact person, telephone number, and fax number of at least two (2) references from bank or institutional lenders which have extended credit to the entity in the past five (5) years; or if the entity has not applied for credit in the past five (5) years, the contact person’s name, telephone number, and fax number of at least two (2) references from banks with which the entity conducts business;
The company name, contact person, telephone number, and fax number of at least two (2) credit references from suppliers/vendors; and
Any additional information, which the Service Provider believes, is appropriate to fully reflect the financial strength of the entity.
Failure to provide such information is cause for rejection of the Service Provider Proposal at the sole discretion of the City. For any subcontractor providing more than fifteen percent (15%) of the Services, the City reserves the right, at its sole discretion, to reject the subcontractor if it fails to meet minimum financial
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Section 5 Background and Experience requirements. In the event the City’s Evaluation Committee rejects the subcontractor, the Service Provider must assume the responsibilities of the subcontractor or find a replacement satisfactory to the Evaluation Committee. 5.8.
Past or Pending Judgments. For purposes of this Section, the term “Related Entity” means any parent, subsidiary, affiliate or guarantor of the Service Provider. For all matters involving the Service Provider providing products or services to local, state or federal government, submit declarations of the current status of any past or pending criminal, civil, or administrative litigation against the Service Provider or any Related Entity. For all matters involving the Service Provider providing products or services to local, state or federal government, in addition, submit declarations of the current status of all pending criminal, civil or administrative litigation that commenced within the past five (5) years in North America, whether or not it involves local governments, against the Service Provider or Related Entity. (For the purpose of the declarations, current officer, shall be defined to include those individuals who are presently serving or who have served within the past two (2) years as an officer of the company.) State whether there are any cases pending against the Service Provider, a Related Entity, officer of either, that, if adversely resolved, would pose a material risk of insolvency to either the Service Provider or Guarantor or materially affect the Service Provider’s or Guarantor’s ability to perform their obligations. The respondent may choose not to submit records for matters that were resolved prior to the time that the subsidiary or affiliate became associated with the parent company, as long as that subsidiary or affiliate will not be involved in the provision of Services to the City. All records for subsidiaries or affiliates of the parent company that may be involved in the provision of Services to the City must be included. The City reserves the right to request additional information to explain any of the above citations/violations.
5.9.
Financial and Legal Considerations. The Service Provider must have the financial information requested in this Section 5.9 readily available and have the ability to provide it to the City, without exception, within twenty-four (24) hours upon the City’s request during the Proposal evaluation process. DO NOT INCLUDE THE FINANCIAL INFORMATION REQUESTED IN THIS SECTION WITH YOUR PROPOSAL SUBMISSION. If the audited financial statements requested in this section are not available, it is the responsibility of the Company to provide the City with information of sufficient quantity and with verifiable sources to ascertain that each entity identified is financially capable of performing the Services required by the Company in performance of the Services described in this RFP. Failure to provide adequate financial information may result in the exclusion of your Proposal from the procurement process. a. For each entity identified in Section 5.3a, specify the entity’s total revenue, number of employees, products and services, affiliated companies, and other descriptive information;
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Section 5 Background and Experience b. For each entity identified in Section 5.3a, provide relevant documents that describe the entity’s financial status, such as audited financial statements, annual reports, or 10-K reports, and the DUNS number; and c. If your Company does not have the audited financial statements requested above, it is the responsibility of the Company to provide the City with information of sufficient quantity and with verifiable sources to ascertain that the Company is financially capable of performing the Services described in this RFP. Failure to provide adequate financial information may result in the exclusion of your Proposal from the procurement process.
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Section 6 Evaluation Criteria 6. PROPOSAL EVALUATION CRITERIA. Proposals will be evaluated based on the Service Provider's ability to meet the performance requirements of this RFP. This section provides a description of the evaluation criteria that will be used to evaluate the Proposals. To be deemed responsive, it is important for the Service Provider to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Service Provider’s Proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed Services and requested herein. Failure of any Service Provider to submit information requested may result in the elimination of the Proposal from further evaluation. Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the City based on, but not limited to, the criteria below. The City reserves the right to modify the evaluation criteria or waive portions thereof. Proposals will be evaluated on the following major categories: • • • • • •
Compliance with RFP requirements Qualifications, Experience and Approach; (Recent experience in conducting similar scope, complexity, and magnitude for other public agencies) Financial Qualifications; Cost Effectiveness and Value; References and Acceptance of the Terms of the Contract.
6.1.
Qualifications, Experience and Approach. Service Providers will be evaluated based upon their understanding, experience and qualifications in performing the same or substantially similar Services, as reflected by its experience in performing such Services. The evaluation will include references regarding work for organizations with needs similar to the City's, and the feasibility of the Service Provider's approach for the provision of the Services.
6.2.
Financial Qualifications. This criterion includes an evaluation of the financial qualifications of the Service Provider. The evaluation will take into account the financial strength of the Service Provider and its ability to meet the long-term financial requirements of the Contract. The Internal Audit Division of the City will evaluate the Proposal responses and give an opinion to the evaluation team as to the financial strength of each Service Provider based on the financial information submitted in accordance with Section 5.
6.3.
Cost Effectiveness and Value. Under this criterion, Proposals will be compared in terms of the most reasonable, and or most effective pricing options. The Evaluation Committee will also take into consideration any indirect costs associated with the Services and administration of the Contract.
6.4.
Acceptance of the Terms of the Contract. The City will evaluate the Proposals for compliance with the terms, conditions, requirements, and specifications stated in this RFP including the sample contract language provided in Section 8. Regardless of exceptions taken, Service Providers shall provide pricing based on the requirements and terms set forth in this RFP. Exceptions shall be identified in accordance with Section 1.6.20 of this RFP.
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Section 7 Required Forms – Form One REQUIRED FORM 1 - REQUEST FOR PROPOSALS SUBMISSION FORM
RFP #2013-03-002 PERSONNEL STAFFING FOR PARKING AND TAXI It is understood by the Service Provider that the City of Charlotte - Aviation Department reserves the right to reject any and all proposals, to make awards on all items or on any items according to the best interest of the City of Charlotte - Aviation Department, to waive formalities, technicalities, to recover and re-post this RFP. Proposals are valid for ninety (90) calendar days from RFP due date. Crystal Bailey Charlotte Douglas International Airport
[email protected]
This proposal is submitted by: Date: _________________________ Authorized Signature:______________________________________________________ Title:__________________________________________________________________________ Company Name:________________________________________________________________ Contact Name: _________________________________________________________________ Contact E-mail address: __________________________________________________________ Contact Phone Number: __________________________________________________________
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Section 7 Required Forms – Form Two REQUIRED FORM 2 - ADDENDUM RECEIPT CONFIRMATION RFP #2013-03-002 PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS Please acknowledge receipt of all addenda by including this form with your Proposal.
•
For the IPS State website, search for RFP # 269-2013-03-002 to find if any documents or changes that have been posted to the Internet by using the following link:
www.ips.state.nc.us •
For the Airport website, search by RFP title: Personnel Staffing for Parking and Taxi Operations using the following link: http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/ADsForBids.aspx
ADDENDA #
DATE ON ADDENDA
_____________ _____________ _____________ _____________
_________ _________ _________ _________
I certify that this proposal complies with the General and Specific Specifications and conditions issued by the City except as clearly marked in the attached copy.
_____________________________ (Please Print Name)
______________________ Date
_____________________________ Authorized Signature _____________________________ Title _____________________________ Company Name
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Section 7 Required Forms – Form Three REQUIRED FORM 3 – PRICING WORKSHEET RFP #2013-03-002 PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS Regardless of exceptions taken, Service Providers shall provide pricing based on the requirements and terms set forth in this RFP. Pricing must be all-inclusive and cover every aspect of the Project. Cost must be in United States dollars rounded to the nearest quarter of a dollar. If there are additional costs associated with the Services, please submit information on a separate chart attachment. Your Price Proposal must reflect all costs that the City will be responsible for.
SERVICE PROVIDER NAME: Job Classification
Hourly Employee Rate
Parking Lot Cashiers License Plate Inventory Workers Customer Service Representative Taxicab Dispatcher and Starters Spotters Lot Attendants Supervisors Trainers Percentage Mark-up Total
Hourly Billing Rate Year 1
Year 2
Year 3
Three Year Proposed Contract Total
Service Provider’s use of personnel on overtime basis requires immediate approval by the Aviation Director. If approved, Service Provider shall bill the City 2% of total hours or as approved in advance. _____________________________ (Please Print Name)
______________________ Date
_____________________________ Authorized Signature _____________________________ Title _____________________________ An Excel version of the pricing worksheet may be obtained via email request to
[email protected].
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Section 7 Required Forms – Form Four REQUIRED FORM 4 - PROPOSAL CERTIFICATION AGREEMENT TITLE: PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS SERVICE PROVIDER: __________________________________________________ The undersigned Service Provider hereby certifies and agrees that the following information is correct: 1.
In preparing its proposal, the Service Provider has considered all proposals submitted from qualified, potential subcontractor and suppliers; and has not engaged in or condoned prohibited discrimination.
2.
For purposes of this section, prohibited discrimination means discrimination against any person, business or other entity in contracting or purchasing practices on the basis of race, color, sex, or national origin. Without limiting the foregoing, prohibited discrimination also includes retaliating against any person, business or other entity for reporting any incident of prohibited discrimination.
3.
Without limiting any other provision of the solicitation for proposals on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the RFP submitted by the Service Provider on this Project and to terminate any contract awarded based on such bid.
4.
As a condition of contracting with the City, the Service Provider agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractor. The Service Provider further agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractor. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the RFP submitted by the Service Provider or terminate any contract awarded on such bid.
_____________________________ (Please Print Name)
______________________ Date
_____________________________ Authorized Signature _____________________________ Title _____________________________
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Insurance Requirements INSURANCE REQUIREMENTS Indemnification. To the fullest extent permitted by law, and except to the extent any Charge (as defined below) arises from or results from any breach, negligence or willful misconduct of any Indemnitee(s) (as defined below), the Company shall indemnify, defend and hold harmless each of the Indemnitees from and against any and all “Charges” (as defined below) paid or incurred any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Products or Services (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractor in connection with this Contract; or (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractor relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible, or from any allegations of the forgoing; or (iv) arising from the Company’s violation of any law, regulation or ordinance, or from any allegation of the forgoing; or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to workers’ compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent Service Providers (excluding the Company); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts). If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected Product or Service; or (ii) repair or replace the infringing Product or Service so that it becomes non-infringing, provided that the performance of the overall Product(s) and Service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Company is unable to comply with the preceding sentence within thirty days after the City provides notice to the Company that it has been directed to cease use of a Product or Service, then such failure shall be deemed a Major Performance Failure and the City shall have the right to pursue any legal or equitable remedies it may have. Insurance: Throughout the term of the Contract, the successful Service Provider shall comply with the insurance requirements described in this Form. In the event the successful Service Provider fails to procure and maintain each type of insurance required by this Form, or in the event the successful Service Provider fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the successful Service Provider. The successful Service Provider agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
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Insurance Requirements
A) Automobile Liability: Bodily injury and property damage liability covering all, nonowned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. B) Commercial General Liability: Bodily injury and property damage liability as shall protect the successful Service Provider and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the successful Service Provider, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. C) Workers’ Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners. The City shall be named as additional insured under the commercial general liability insurance for operations or services rendered under this Contract. The Company’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant’s operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined above. The successful Service Provider shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The successful Service Provider shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner’s Office. The successful Service Provider shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract and shall name the City as an additional named insured under the commercial general liability. Certificates of all required insurance shall contain the provision that the City will be given (30) days written notice of any intent to amend or terminate by either the insured or the insuring company. All insurance certificates must include the City of Charlotte’s contract number in the description field. The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the successful Service Provider and/or subcontractor providing such insurance.
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Section 8 Sample City Contract SAMPLE CITY CONTRACT CITY OF CHARLOTTE CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS This agreement (“Agreement”) between [Insert selected company name] (“Service Provider”) and the City of Charlotte (“City”), entered into on [day] of [month], 2013. Witnesses: That, the City is the owner and operator of Charlotte Douglas International Airport (“Airport”); and The City is in need of Personnel Services to assist in fulfilling parking cashier dues, certain ground transportation and parking duties as more particularly described herein (the “Services”); and Service Provider is in the business of providing such Services and is willing and able to provide such at the Airport. Therefore, in consideration of the promises above and the mutual promises set forth below, the City and Service Provider (collectively “Parties”) agree as follows: Terms and Conditions Article 1 – Term 1.1
Term and Effective Date. The initial term of this Agreement shall begin at 12:01 a.m., July 1, 2013, and shall extend for three (3) years or until 11:59 p.m. on June 30, 2016.
1.2
Extension of Term. The City, in its sole discretion, may continue this Agreement after the expiration of the initial term for two (2) additional one year extensions. The City may exercise its option by giving Service Provider written notice at least sixty (60) days prior to the expiration of the then-current term. Service Provider may accept or decline extension by giving the City written notice within seven days of extension notification. Article II – Services and Standards of Operation
2.1
Services. The Services that are the subject of this Agreement shall be subject to change, addition, deletion and clarification by the City from time to time. Changes, additions, deletions and clarifications shall be made in writing by the Aviation Director him or herself and will not be considered as changes to any terms of this Agreement not specifically address in writing. These Services are more particularly described as follows: 2.1.1
Parking Lot Cashiers. Service Provider shall provide cashiers for certain parking facilities operated by the City in connection with the Airport (the “Facilities”), as designated by the City from time to time. Cashiers’ duties shall include, generally, using provided equipment for the processing of cashiering transactions, using credit card point-of-sale equipment and making change.
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Section 8 Sample City Contract 2.1.2
License Plate Inventory Workers. Service Provider shall provide personnel to inventory the vehicles parked from time to time in the Facilities. Personnel must be able to use the provided equipment and be able to work without close supervision on the designated shift.
2.1.3
Customer Service Representative. Service Provider shall provide personnel to respond to parking customer inquiries, handle customer complaints in a professional manner, provide services such as jump starts and vehicle location assistance and perform minor repairs to parking service equipment. Customer Service Representative will staff the City office and must be able to handle large sums of money in an accurate manner. 2.1.3.1
Parking Dispatch Room. Monitor and operate computer programs for Scheidt Bachmann Revenue Control Systems, Transcore Gatekeeper Dispatch system, Daktronics Roadway Signage systems, Communicate with customers via telephone and intercom to assist with fee payments, Monitor Closed Circuit Video system, Update the Public website and recorded parking Information telephone line, Coordinate with Bus Operations Dispatch to open or close Lots.
2.1.4
Taxicab Dispatchers and Starters. Service Provider shall provide personnel to act as Dispatchers and Starters for taxicabs operating from the Airport, in accordance with all applicable laws, ordinances, and City policies. The Dispatcher will dispatch cabs in rotating order by company from the taxi holding area working closely with the taxi Starter to insure the proper expeditious flow of taxis to the terminal. Taxicab Starters will summon taxicabs for passengers to terminal and will control, organize and expedite passenger processing.
2.1.5
Spotters. Service Provider shall provide personnel on a short term or seasonal basis to assist customers in finding parking spaces. Spotters may also be required to direct traffic in order to facilitate airport operations.
2.1.6
Lot Attendants. Service Provider shall provide personnel to monitor traffic, assign and track keys and to collect and verify shuttle bus conditions logs and other such information as City may request from time to time. Lot attendants may be required to wash buses using equipment provided by the City.
2.1.7
Account Contact. Service Provider will designate one contact person who shall be available to the City staff 24/7/365 either in person or by telephone to address any issues, questions or concerns arising under this Agreement.
2.1.8
Supervisory Staff. Service Provider shall provide on-site supervisory personnel to oversee and direct Service Provider’s personnel in the performance of Service Provider’s duties under this Agreement.
2.1.9
Trainer. Service Provider shall provide personnel to provide training to Contactor’s personnel in accordance with Section 2.5 below. Service Provider’s training personnel hours may not vary from the hours set forth in Exhibit B without the written approval of the Aviation Director or his or her designee.
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Section 8 Sample City Contract 2.2
Quantity. Service Provider shall provide personnel (“Personnel”) in sufficient quantity to meet the estimated man-hour requirements for each category of Services. However, the estimated annual manhours shall not be considered a guarantee of work, as actual manhours may be more or less than the hours listed and stated in Section 3.1 of the RFP; and may be determined in the City’s sole discretion and as evidenced by the Approved Staffing Schedule.
2.3
Changes in Scope. It is understood and agreed the Airport may from time to time have changes in its operational needs caused by construction and/or other matters that may affect the need for staffing under this Agreement. Therefore, the City, may, in its sole discretion, request from time to time, and Service Provider shall provide, other parking personnel and/or other duties to be performed upon 24-hours written notice and compensation to the Service Provider shall be adjusted accordingly. For purposes of this section only, notice may be sent by fax or email to Service Provider. Any such changes to the Scope of Services must be approved in writing by the Aviation Director.
2.4
Supervision. Service Provider is responsible for all management and supervision of the Personnel including, but not limited to, ensuring that Personnel are operating in accordance with the Agreement.
2.5
Training. Personnel performing Services under this Agreement shall be fully and adequately trained by the Service Provider on the duties of the specific Services performed, the proper use of equipment used in the performance of the Services and in other matters related to the performance of the Services. Service Provider shall maintain a training record for each employee. Training records shall show, at a minimum, employee name, date of employment and type and date of each training class or other training provided. Such records shall be made available to the City, upon request, in order to determine compliance with this Agreement. Time spend by Personnel in training shall not be charged to the City over the amount in Exhibit B unless previously approved in writing by the Aviation Director or his or her designee or as noted in the Approved Staffing Schedule. 2.5.1
City shall make available to the Service Provider one or more members of the Airport staff to train Service Provider’s management, supervisory or training personnel and shall provide copies of written materials, videos, tapes, etc. in its possession. However, Service Provider is responsible for the proper training and qualification of its employees assigned to perform the Services.
2.6
Facilities and Equipment. The City shall provide the facilities and equipment necessary in the performance of the Services by the Service Provider. Such facilities and equipment shall include booths with cash registers, communication equipment, and other items as determined to be necessary by the City in the performance of the Services.
2.7
OSHA. Service Provider agrees that for the purposes of compliance with requirement of occupational safety and health laws and regulations (“OSHA Laws”), the Services shall be deemed entirely within Service Provider’s responsibility. The Service Provider shall take all necessary precautions for the safety of Personnel. Service Provider shall notify
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Section 8 Sample City Contract the City promptly in writing if a charge of noncompliance with the OSHA Laws has been filed against the Service Provider in connection with the performance of the Services. 2.8
Drug-Free Workplace. Service Provider shall provide a Drug-Free Workplace by: 2.8.1
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substance is prohibited in the Facilities and specifying the actions that will be taken against employees for violation of such prohibition.
2.8.2
Notifying the employee in the statement required by Section 2.8.1 that, as a condition of employment, the employee will: 2.8.2.1 Abide by the terms of the statement; and 2.8.2.2 Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
2.8.3
Notifying the City within ten (10) days after receiving notice under Section 2.8.2.2 from any employee or otherwise receiving actual notice of such conviction.
2.8.4
Taking one of the following actions within thirty (30) days of receiving notice under Section 2.8.2.2 with respect to any employee who is so convicted: 2.8.4.1 Taking appropriate personnel action against such employee up to and including termination; or 2.8.4.2 Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.
2.8.5
2.9
Making a good faith effort to continue to maintain a Drug-Free Workplace through implementation of Section 2.8.1 through 2.8.4.
Compensation to Personnel. Personnel shall be paid for their position no less than the amount listed as the Approved Hourly Pay Rate (“Rate”), attached hereto as Exhibit # TBD. The City, in its reasonable discretion, may increase or decrease the Rate from time to time. If, and only if, the City increases or decrease the Rate, the Hourly Bill Rate, reflecting the amount the City will pay to the Service Provider and also listed in Exhibit # TBD, will be increased or decreased accordingly. If Service Provider determines to pay the Personnel in excess of the Rate, the Hourly Bill Rate shall not change. 2.9.1
Overtime. Personnel shall be paid time and a half for working in excess of forty (40) hours per week. Notwithstanding, Service Provider shall have sufficient Personnel trained and qualified so that overtime shall not be required in order to
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Section 8 Sample City Contract meet the requirements of this Agreement. All overtime must be approved by the City in advance. 2.9.2
Benefits. At a minimum, Service Provider shall provide the Personnel with the benefits described in Service Provider’s proposal, attached hereto as Exhibit A.
2.10
Employment Eligibility Verification. The Service Provider shall complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and non-citizen) hired after November 6, 1986, to work in the United States. Service Providers are responsible for completing and maintaining Form I9, for each employee to perform the Services under this Contract.
2.11
Bonds. Service Provider shall ensure each Personnel assigned to perform the Services is bonded in an amount of not less than $100,000.00.
2.12
Service Provider’s Responsibility for Work. The Service Provider shall be responsible for the complete performance of the Services and for the methods and means used in fulfilling its obligations hereunder. The Service Provider is retained as an independent Service Provider and, in no event shall any of the Personnel also be considered an employee of the City.
2.13
Performance, Payment and Guaranty Bond. Service Provider shall provide and maintain a Performance Bond satisfactory to the City in an amount of not less than fifty thousand dollars ($50,000). City shall not make a bond claim until it first notifies Service Provider as to the reason why such a claim is being made at which time Service Provider shall have ten (10) days to cure. The Performance Bond shall terminate at the termination of this contract.
2.14
Approved Staffing Schedule. The City, working in connection with Service Provider’s supervision, will generate and update as necessary and Approved Staffing Schedule reflecting the man-hours requested by City. Any deviation from the Approved Staffing Schedule must be approved in writing by the Aviation Director or his or her designee. Such approval may be by email. City agrees to provide Service Provider with 72 hour notice of changes to the Approved Staffing Schedule. In the event the City cannot provide 72 hour notice, Service Provider will make every reasonable effort to fill shifts without using overtime however, City agrees that providing less than 72 hour notice shall constitute preapproval of overtime for the purpose of filling additional shifts. Overtime accrued due to the City’s failure to provide 72 hour notice will not count against the Service Provider’s pre-approved 2 % allotment.
2.15
Cash Handling. The Service Provider shall develop appropriate written cash handling procedures for the protection of the funds provided by and collected on behalf of the City. Notwithstanding, Service Provider shall be fully responsible for all operating funds and collections until such funds or collections are received by the City. For the purposes of funds collected by the Service Provider on behalf of the City, the term “Received by the City” shall mean that the funds have been deposited into the City’s safe and all funds have been audited by the City for accuracy of the collection process.
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Section 8 Sample City Contract 2.16
Airport Badges. Personnel shall be required to obtain an airport identification badge in accordance with the policies and procedures thereof. Personnel shall be required to wear such badges in accordance with Airport policy at all times while on duty in performance of Services under this Agreement. Service Provider will be responsible for the return of all badges assigned to Personnel and will be required to reimburse the Airport for all badges lost or not returned.
2.17
Driving Permits. All Personnel who may drive a City owned vehicle in performance of Services under this Agreement will be required to obtain a City Driving Permit. The City may, in its sole discretion, reject the driving permit application or revoke the driving permit of anyone it deems unfit to drive City vehicles. Personnel shall follow all applicable State and Federal laws and City polices related to driving of vehicles.
2.18
Overtime. Service Provider may bill the City for Overtime paid to Personnel for up to 2 % of total monthly hours or when that overtime has been approved in writing and in advance and where such right of approval has been expressly granted by the Aviation Director or his or her designee in writing to the Service Provider. Service Provider is expected to have sufficient personnel trained and qualified that overtime shall not be required to meet the requirements of this Agreement. For purposes of this section only, in writing may be by email. In the event that hours exceed the budgeted amount, Service Provider must receive prior approval in writing or as excepted by the verbiage in Section 2.14 or those hours will not be reimbursed at the overtime rate.
2.19
Time Keeping. Service Provider shall provide, at its own expense, a time clock(s) for use by Personnel performing Service under this Agreement.
2.20
Gratuities. Personnel may not solicit any gratuity while in performance of Service under this Agreement.
2.21
Uniforms. Service Provider shall provide uniforms to certain Personnel. Uniforms will be subject to the approval of the Aviation Director and will be the financial responsibility of the Service Provider. Article III – Compensation
3.1
Compensation for Work. For complete performance of its duties under this Agreement in strict accordance with the terms hereof, the City shall pay the Service Provider, upon approval of all invoices, an amount based upon the work hours performed by Personnel times the Hourly Bill Rate set forth on Exhibit A.
3.2
Payment of Compensation. Service Provider shall provide monthly invoices to City showing, in detail, the number of hours worked at each respective position and identifying the Personnel performing such work and in amounts not to exceed the Hourly Bill Rates in Exhibit A. Service Provider shall provide to the City such additional documentation, such as time keeping records, as City may reasonably request. City will notify Service Provider if it disputes the amount or any other information shown on any invoice, following which the parties shall consult with each other to rectify any dispute. In the event that the Service Provider has submitted an invoice in excess of the amount finally agreed upon, a credit memo shall be provided.
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Section 8 Sample City Contract Upon approval of any invoice by the City, City shall make payment to Service Provider of the amount due within thirty (30) days. Service Provider hereby agrees that City shall not be required to pay any amount of money as interest, penalty, damages or otherwise for failure to make payments on a timely basis. 3.2.1
Shortages. City shall provide the Service Provider with a weekly report of shortages incurred by Personnel. Service Provider shall reimburse the City for all cashier shortages incurred during the time frame of the invoice submitted based on an invoice generated by the City and provided to the Service Provider using an agreed upon procedure.
3.2.2
Other Losses. In the event Personnel are found to be responsible for other losses to the City, including but not limited to, shortages from the petty cash, damages to equipment and lost badges, Service Provider shall reimburse the City based on an invoice generated by the City and provided to the Service Provider using an agreed upon procedure.
3.2.3
Service Provider will not be responsible for malfunctioning equipment such as cash registers or normal wear and tear of equipment.
3.2.4
City will have up to thirty (30) days from date of incident to notify Service Provider of any losses. After thirty (30) days City agrees to release Service Provider from any liability arising from such a loss.
3.2.5
In the event of regulatory charges increasing Federal or State unemployment tax rates, the City, at its sole discretion, may choose to reimburse the Service Provider for all or some portion of that increase for Personnel performing Services under this Agreement. Service Provider will be required to provide documentation of the increase. Service Provider will not be reimbursed for changes to its rates based on factors directly under the control of the Service Provider. The City may choose to reduce or stop any such payments with thirty (30) days notice. In the event the Service Provider’s taxes or other Federal or State required payments decrease, regardless of the reason, Service Provider shall notify City of such and City may choose to reduce the markup amount by all or any portion thereof.
3.2.6
3.3
The total amount of the compensation under this Agreement shall not exceed [Insert dollar amount] over the course of the term of this Agreement unless so amended in writing by both parties.
Books and Records. The Service Provider shall make available to the City for inspection and copying all payroll records and other records pertinent to this Agreement. Service Provider shall maintain such records for not less than three (3) years. Service Provider’s duty to maintain such records shall survive the expiration or earlier termination of this Agreement.
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Section 8 Sample City Contract Article IV – Indemnification and Insurance 4.1
Indemnity. Service Provider agrees to defend, indemnify and hold harmless the City, its public officials, officers, employees and agents from any and all claims, suits, actions, expenses and costs (including attorneys’ fees if applicable) arising from Service Provider’s performance of this Agreement; provided that Service Provider shall not be liable for any injury, damage or loss occasioned by the sole negligence of the City, its agents, servants or employees. Service Provider shall purchase insurance, as described in Section 4.2, which insurance shall provide coverage for this contractual liability. In any case in which Service Provider provides a defense to the City pursuant to this indemnity, the defense will be provided by attorneys reasonably acceptable to the City. The provisions of this Article shall survive the expiration or earlier termination of this Agreement.
4.2
Insurance. 4.2.1
Commercial General Liability Insurance. Service Provider shall maintain in force during the term of this Agreement commercial general liability insurance, in an amount acceptable to the City but not less than one million dollars ($1,000,000) per occurrence. This insurance shall include coverage for products, completed operations, personal injury, property damage liability and contractual liability assumed under Section 4.1 of this Agreement.
4.2.2
Automobile Liability Insurance. Service Provider shall maintain in force during the term of this Agreement liability insurance covering the operations of Service Provider’s non-owned and hired automobile and other ground vehicles at the Airport, for limits satisfactory to City but not less than one million dollars ($1,000,000) bodily injury and property damage per occurrence.
4.2.3
Each liability policy shall be occurrence-based and name the City as an additional insured.
4.2.4
Worker’s Compensation and Employer’s Liability Insurance. Service Provider shall maintain worker’s compensation and employer’s liability insurance in the amounts and form required by the laws of the State of North Carolina.
4.2.5
Certificates Evidencing Coverage; Insurer Acceptable to City. A certificate evidencing all insurance coverage required of Service Provider under this Article shall be filed with the City at the execution of this Agreement, and such certificate shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) day’s prior written notice to the City. At least ten (10) days prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed shall be filed with the City. If such insurance coverage is cancelled or reduced, the Service Provider shall within fifteen (15) days after receipt of written notice from the City of such cancellation or reduction in coverage, file with the City a certificate showing the required insurance has been reinstated or provided through another insurance company or companies. The company or companies furnishing insurance pursuant to this Article shall be qualified to issue insurance effective in the State of North
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Section 8 Sample City Contract Carolina and be of sound and adequate financial responsibility to fulfill their obligations hereunder, and to that end the selection of such insurance companies shall be subject to the approval of City, which approval shall not be unreasonably withheld. Article V – Assignment and Subcontracting Service Provider shall not assign or subcontract any portion this Agreement or any right granted to it hereunder without prior written consent of City.
Article VI – Non-Discrimination The City is committed to promoting equal opportunities for all and to eliminating prohibited discrimination in all forms. As a condition of entering into this agreement, the Company represents and warrants that it will fully comply with the City's commercial non-discrimination policy, as described in Section 2, Article V of the City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age, or disability in the solicitation, selection, hiring, or treatment of subcontractor, vendors, suppliers, or commercial customers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractor, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the Company from participating in City contracts or other sanctions. As a condition of entering into this agreement, the Company agrees to: (a)
Promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractor in connection with this agreement; and
(b)
If requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractor, vendors, and suppliers that Company has used on City contracts in the past five years, including the total dollar amount paid by Service Provider on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's commercial non-discrimination policy as set forth in Section 2, Article V of the City Code, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such policy. The Company understands and agrees that violation of this clause shall be considered a material breach of this agreement and may result in contract
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Section 8 Sample City Contract termination, disqualification of the Company from participating in City contracts and other sanctions. Article VII – Termination City or Service Provider may terminate this Agreement with or without cause upon sixty (60) days’ written notice. Article VIII – General Provisions 8.1
Restrictions and Regulations. The operations conducted by Service Provider pursuant to this Agreement shall be subject to: 8.1.1
Any and all applicable laws, rules, regulations, orders and restrictions that are now in force or which may be adopted hereafter by City with respect to the operation of the Airport;
8.1.2
Any and all orders, directions or conditions issued, given or imposed by City with respect to the use of the roadways, driveways, curbs, sidewalks, parking areas or public areas on the Airport, including, but not limited to, limiting access to the concourses to ticketed passengers only; and
8.1.3
Any and all applicable laws, ordinances, rules, statutes, regulations or orders, including, but not limited to, environmental statutes, regulations or orders of any governmental authority, federal, state or municipal, lawfully exercising authority over the Airport or Service Provider’s operations.
8.1.4
City shall not be liable to Service Provider for any diminution or deprivation of Service Provider’s right hereunder on account of the exercise of any such authority, nor, expect as elsewhere expressly provided in this Agreement, shall Service Provider be entitled to terminate the whole or any portion of the Agreement by reason thereof.
8.2
Situs and Service of Process. Service Provider agrees that all actions or proceedings arising directly or indirectly from the Agreement shall be litigated only in courts having situs within the State of North Carolina, and Service Provider hereby consents to the jurisdiction of any local, state or federal court located within the State of North Carolina.
8.3
Applicable Law. This Agreement and every question arising hereunder shall be construed or determined according to the laws of the State of North Carolina.
8.4
Notices. 8.4.1
All notices, consents and approvals required or authorized by this Agreement to be given by or on behalf of either party to the other shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given, and shall be determined given at the time a registered or certified letter properly addressed, postage prepaid, returned receipt requested, is deposited in any United States post office.
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Section 8 Sample City Contract 8.4.2
Notice to City shall be addressed to it and delivered at the office of the Aviation Director, Charlotte Douglas International Airport, Post Office Box 19066, Charlotte, North Carolina 28219Aviation Director, Charlotte Douglas International Airport, Post Office Box 19066, Charlotte, North Carolina 28219, either by registered or certified mail, postage prepaid, or at such other office as City may hereafter designate by notice to Service Provider in writing.
8.4.3
Notice to Service Provider shall be addressed to the attention of [Insert company name and address], either by registered or certified mail, postage prepaid, or at such other office in the continental United States as Service Provider may hereafter designate by notice to City in writing.
8.5
Independent Service Provider. The parties hereto agree that Service Provider is an independent Service Provider and not subject to direction or control of City, except as specified in the Agreement, and expect by general rules and regulations adopted for the control and regulation of the Airport and its facilities.
8.6
Interpretation. The language of the Agreement shall be construed according to its fair meaning, and not strictly for or against either City or Service Provider.
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Agreement to be executed as of the date first written above.
_________________________________________________________ Company Name By: ______________________________________________________ Printed Name: _____________________________________________ Title: ____________________________________________________ Date: ____________________________________________________
CITY OF CHARLOTTE By: ______________________________________________________ T.J. Orr, Aviation Director Date: ____________________________________________________
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Section 8 EXHIBIT A EXHIBIT A RESPONSE TO REQUEST FOR PROPOSAL TO RFP #2013-03-002
INTENTIONALLY LEFT BLANK EXHIBIT A WILL BE PART OF THE CONTRACT DOCUMENT WHICH INCLUDES THE SERVICE PROVIDER’S RESPONSE TO THE RFP
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Section 8 EXHIBIT B EXHIBIT B REQUEST FOR PROPOSAL TO RFP# 2013-03-002 and ALL ADDENDA
INTENTIONALLY LEFT BLANK EXHIBIT B WILL BE PART OF THE CONTRACT DOCUMENT WHICH INCLUDES THE ACTUAL RFP DOCUMENT AND ALL ADDENDA
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