REQUEST FOR PROPOSALS A I R P O RT TA X I O P E R AT I N G S E RV I C E S RFP # 269-2016-040 CITY OF CHARLOTTE N O RT H C A R O L I N A MARCH 30, 2016 REQUEST FOR PROPOSALS RFP # 269-2016-040 Airport Taxi Operating Services March 30, 2016 Dear Sir or Madam: The City of Charlotte, North Carolina, is now accepting Proposals for Airport Taxi Operating Services. The requirements for submitting a Proposal are stated in the attached Request for Proposals (the “RFP”). Please review them carefully. A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and answering questions regarding the Services will be held on April 15, 2016 at 2:00 p.m., at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 9th Floor Large Conference Room 986. Please bring a copy of the RFP with you at that time. All interested Companies should return a completed Request For Proposals Acknowledgement Form (see Section 6, Form 1) by the date stated in the schedule in Section 2.1 of this RFP. An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Sarah Poulton at spoulton@charlottenc.gov. All Proposals are due to the Management and Financial Services, Procurement Management Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later than May 5, 2016 at 2:00 p.m. One (1) electronic copy of the Proposal on a CD or flash drive in a searchable format such as MS Word or Adobe Acrobat and one (1) original Proposal signed in ink by a company official authorized to make a legal and binding offer, plus one (1) copy 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: Sarah Poulton [Name of Company Submitting Proposal] Airport Taxi Operating Services RFP # 269-2016-040 RFP questions must be directed to Sarah Poulton, Management and Financial Services, Procurement Management Division, per the enclosed instructions in Section 2.3. The City is an equal opportunity purchaser. Sincerely, Kay Elmore Procurement Management Division Manager cc: RFP Project Team RFP file Checklist for submitting a Proposal: Step 1-Read the document fully. Step 2-If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed on the sheet. Steps 3-If you have any questions send them before the deadline listed in Section 2.3. If you plan to submit a Proposal you must follow this checklist, and must include everything detailed below. Proposal Copies - Please provide the specified number for each format 1 Copy on CD or flash drive 1 Copy marked “Original” 1 Copy marked “Copy” Proposal Format - Proposals should be formatted as follows: Cover Letter per Section 4.1 Section 6, Form 2, Addenda Receipt Confirmation Section 6, Form 3, Proposal Submission Section 6, Form 4, Company’s Background and Experience Section 6, Form 5, References Section 6, Form 6, Operating Plan The above items constitute all that must be included in the Proposal. If awarded a contract, you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Exhibit A. It is the Company’s responsibility to check www.ips.state.nc.us for any addenda or changes to this Project. Search for bid # 269-2016-040 to find if any documents or changes have been posted. Table of Contents TABLE OF CONTENTS 1. INTRODUCTION. .................................................................................................... 1 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 2. PROCUREMENT PROCESS. ................................................................................. 6 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 3. OBJECTIVE. .......................................................................................................... 1 DEFINITIONS. ....................................................................................................... 1 ACCURACY OF RFP AND RELATED DOCUMENTS. ................................................ 2 CITY’S RIGHTS AND OPTIONS. ............................................................................. 2 EXPENSE OF SUBMITTAL PREPARATION. .............................................................. 3 PROPOSAL CONDITIONS. ...................................................................................... 3 SCHEDULE AND PROCESS. .................................................................................... 6 INTENT TO PROPOSE. ............................................................................................ 6 INTERPRETATIONS AND ADDENDA. ...................................................................... 7 PRE-PROPOSAL CONFERENCE. ............................................................................. 7 SUBMISSION OF PROPOSALS. ................................................................................ 7 CORRECTION OF ERRORS. .................................................................................... 8 EVALUATION. ...................................................................................................... 8 CONTRACT AWARD BY COUNCIL. ........................................................................ 8 VENDOR INCLUSION. ............................................................................................ 9 SCOPE OF AIRPORT TAXI OPERATING SERVICES. ................................. 10 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. AIRPORT BACKGROUND. .................................................................................... 10 TAXI SERVICE BACKGROUND. ........................................................................... 10 SCHEDULES ........................................................................................................ 11 OPERATIONS. ..................................................................................................... 11 OPERATING AGREEMENTS. ................................................................................ 11 COMPANY REQUIREMENTS. ............................................................................... 12 4. PROPOSAL CONTENT AND FORMAT. ........................................................... 13 5. PROPOSAL EVALUATION CRITERIA. ........................................................... 14 REQUIRED FORM 1 - ACKNOWLEDGEMENT..................................................... 15 REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION ......................... 16 REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM .................................... 17 REQUIRED FORM 4 - COMPANY’S BACKGROUND RESPONSE..................... 19 REQUIRED FORM 5 – REFERENCES ...................................................................... 21 REQUIRED FORM 6 – OPERATING PLAN ............................................................. 22 EXHIBIT A – SAMPLE OPERATING AGREEMENT ............................................ 23 AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 i Section 1 Introduction and General Information 1. INTRODUCTION. 1.1. Objective. The City invites qualified and interested Companies to submit Proposal to provide Taxi Services for the Airport. The following includes details regarding submitting a Proposal to the City for these Services. 1.2. Definitions. As used in this RFP, the following terms shall have the meanings set forth below: Airport: Refers to the Charlotte Douglas International Airport, a Department of the City. City: Refers to the City of Charlotte, North Carolina. City Project Manager: Refers to a specified City employee representing the City’s best interests in this Project. Company: During the solicitation process, refers to a company that has interest in providing the Services. After the solicitation process, refers to a company that has been selected by the City to provide the Services. Company Project Manager: Refers to a specified Company employee representing the best interests of the Company for this Project. Contract: Refers to a written agreement executed by the City and Company for all or part of the Services. Department: Refers to a department within the City of Charlotte. Director/Aviation Director: Refers to the Director of the Airport. Evaluation Committee: Refers to a City appointed committee that will evaluate Proposals and identify the Company(-ies) best meeting the needs of the City. Operating Agreements: Refers to the agreement signed with successful Companies to provide Taxi Services to the Airport. Peak Taxi: Refers to a Taxi, from a Company with an Operating Agreement, that does not have a Standard Permit but has a Peak Time Permit and are called upon by the Airport at times of high demand. Permits: Refers to individual permits allowing the Company to use a specific Taxi to provide Services to the Airport. Project: Refers to the City’s need for a service provider to provide Airport Taxi Operating Services for the City. Proposal: Refers to the proposal submitted by a Company for the Services as outlined in this RFP. PVH: Refers to passenger vehicles for hire. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 1 Section 1 Introduction and General Information Rules: Refers to the Airport’s Rules and Regulations included herein as Exhibit B. Schedule Arrangement: Refers to the schedule of Permitted Standard Taxis. Services/Taxi Services: Refers to the Airport Taxi Operating Services as requested in this RFP. 1.3. Standard Taxi: Refers to Taxis permitted to enter the Airport under an Operating Agreement with a valid Permit. Taxi: Refers to an individual vehicle providing passenger pick up or drop off services at the Airport. Trip Fee: Refers to the per-trip fee paid to the Airport each time a Permit-holding Taxi picks up an Airport passenger. Accuracy of RFP and Related Documents. Each Company must independently evaluate all information provided by the City. The City makes no representations or warranties regarding any information presented in this RFP, or otherwise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be responsible for any explanation or conclusions regarding this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants. If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation will be responsible for delivering such requests to the City's designated representative as directed in RFP Section 2. 1.4. City’s Rights and Options. The City reserves the right, at the City’s sole discretion, 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, including: 1.4.1. To supplement, amend, substitute, or otherwise modify this RFP, including the schedule, or to cancel this RFP, at any time; 1.4.2. To require any Companies to supplement or clarify its Proposal or provide additional information relating to its Proposals; 1.4.3. To investigate the qualifications, experience, capabilities, and financial standing of each Company submitting a Proposal; 1.4.4. To waive any defect or irregularity in any Proposal received; 1.4.5. To reject any or all Proposals; 1.4.6. To share the Proposals with City employees and contractors in addition to the Evaluation Committee as deemed necessary by the City; 1.4.7. To award all, none, or any part of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 2 Section 1 Introduction and General Information in the best interest of the City, which may be done with or without resolicitation; 1.4.8. To discuss and negotiate with any Company(-ies) their Proposal terms and conditions, including but not limited to financial terms; and 1.4.9. To terminate discussions and negotiations with any Company at any time and for any reason. 1.5. Expense of Submittal Preparation. The City accepts no liability, and Companies will have no actionable claims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions, attendance at pre-proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution. 1.6. Proposal Conditions. The following terms are applicable to this RFP and the Company’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, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFP process concerning the Company 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. Trade Secrets and Personal Identification Information /Confidentiality. Upon receipt at the Procurement Management Division, all materials submitted by a Company (including the Proposal) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”) or (2) “personal identification information” protected by state or federal law, to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers (“Personal Identification Information” or “PII”). After the Proposal due date, the Evaluation Committee, other City staff, and members of the general public who submit public records requests may review the Proposal. The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66152 et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and PII must be specifically and clearly identified in accordance with this Section 1.6.2. Any Trade Secrets or PII submitted by a Company must be clearly segregated from the rest of the Proposal. For hard copy Proposals, it must be submitted in a separate, sealed envelope, marked either “Personal Identification Information – Confidential” or “Trade Secret—Confidential and Proprietary Information.” For electronic submissions it must also be submitted on a separate CD or flash drive. In both hard copy or electronic AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 3 Section 1 Introduction and General Information format, the confidentiality caption stated above must appear on each page of the Trade Secret or PII materials. By submitting a Proposal, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein 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 Company 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 that the Company has designated as a trade secret. The City may disqualify and Company that designates its entire Proposal as a trade secret, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret. 1.6.3. Amendments to RFP. If the City amends this RFP, addenda will be posted to the IPS website at www.ips.state.nc.us, bid# 269-2016-040. Companies are required to acknowledge receipt of each addendum by including the Addenda Receipt Confirmation Form (Section 6, Form 2) with their Proposals. 1.6.4. Proposal Terms Firm and Irreversible. The signed Proposal shall be considered a firm offer on the part of the Company. The City reserves the right to negotiate terms. All Proposal elements (including all statements, claims, declarations, and specifications) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City. The Company 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. 1.6.5. Subcontracting. The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors. 1.6.6. 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 Companies regardless of race, color, religion, age, sex, and national origin or disability. 1.6.7. Use of City’s Name. No advertising, sales promotion, or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 4 Section 1 Introduction and General Information 1.6.8. Withdrawal for Modification of Proposals. Companies may change or withdraw a previously-submitted Proposal at any time prior to the Proposal due date. Only formal written requests addressed in the same manner as the Proposal and received by the City prior to the Proposal due date will be accepted. The request must be in a sealed envelope that is plainly marked “Modifications to Proposal.” No oral modifications will be allowed. If the Company complies with this Section, after the Proposal due date, the Proposal, will be withdrawn or corrected in accordance with the written request(s). 1.6.9. No Bribery. In submitting a response to this RFP, each Company certifies that neither it, any of its affiliates or subcontractors, 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. Except for clarifying written questions sent to City, all Companies, including any and all persons acting on their behalf, are strictly prohibited from contacting elected or appointed City officials, officers, or employees, on or regarding any matter relating to this RFP from the time the RFP is issued until the start of the open business meeting at which City Council is asked to approve the contract between the City and the selected Company. The City reserves the right to disqualify any Company who contacts a City official, employee, representative, contractor, or agent concerning this RFP other than in accordance with this section. 1.6.10. Companies’ Obligation to Fully Inform Themselves. Companies or their authorized representatives must fully inform themselves as to all conditions, requirements, and specifications of this RFP before submitting Proposals. Failure to do so will be at the Company’s own risk. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 5 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 for the conduct of this RFP. 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 March 30, 2016 April 8, 2016 April 8, 2016 April 15, 2016 April 26, 2016 May 5, 2016 May 5, 2016 – June 27, 2016 June 27, 2016 July 18, 2016 2.2. EVENT Issuance of RFP. The City issues this RFP. Request for Proposals Acknowledgement. Companies that intend to submit a Proposal shall submit the RFP Acknowledgement Form on this date to the fax number listed in Section 2.2. Submission of Written Questions Prior to Pre-Proposal Conference. Companies are permitted to submit written questions, for purposes of clarifying this RFP. All submissions must be pursuant to the instructions in Section 2.3. Questions are due by 12:00 p.m. on April 8, 2016. Non-Mandatory Pre-Proposal Conference. Conference to be held at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 9th Floor Large Conference Room 986 or via teleconference by calling 704-432-5483. Submission of Written Questions After the Pre-Proposal Conference. Questions are due by 4:00 p.m. on April 26, 2016. Proposal Submission. Proposals are due by 2:00 p.m. on May 5, 2016, at the Procurement Management Division, CMGC 9th Floor. All Proposals will be time-stamped upon receipt and held in a secure place until this date. Evaluation. The Evaluation Committee will assess each Proposal and conduct evaluation activities with Companies. Contract Award by Council. Services commence. Company begins providing all Airport Taxi Operating Services. Intent to Propose. Please acknowledge receipt of this RFP via facsimile by April 8, 2016 using the Request for Proposals Acknowledgement Form located in Section 6, Form 1. Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a Proposal. Fax or email a copy of the completed and signed form to the number or email address listed below, Attention: Sarah Poulton. The City strongly encourages Companies to submit this form prior to the Pre-Proposal conference but Companies shall not be precluded from submitting a Proposal if they fail to submit this form. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 6 Section 2 Procurement Process 2.3. Interpretations and Addenda. No interpretation or clarification of the meaning of any part of this RFP will be made orally to any Company with the exception of questions answered at the Pre-Proposal Conference. Otherwise, Companies must request such interpretations or clarifications in writing from the City. Address requests for information or clarification of this RFP to Sarah Poulton at the e-mail address listed below. 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 12:00 p.m. on April 8, 2016. 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 Procurement Officer 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 Company questions or issuing addenda to the RFP, the City will post the answer or information to the Internet at www.ips.state.nc.us, solicitation# 269-2016-040. Companies are required to acknowledge their receipt of all addenda by including in the Proposal a completed Addenda Receipt Confirmation Form (Section 6, Form 2). Sarah Poulton City of Charlotte Procurement Management Division 600 East 4th Street, CMGC 9th Floor Charlotte, NC 28202 RFP # 269-2016-040 Fax: 704-632-8279 E-mail: spoulton@charlottenc.gov The City reserves the right to disqualify any Company that 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 Companies after the Proposal Due Date. 2.4. Pre-Proposal Conference. A Non-Mandatory Pre-Proposal Conference will be conducted on April 15, 2016 at 2:00 p.m. The meeting will be held at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 9th Floor Large Conference Room 986. Companies may also participate via conference call by calling 704-432-5483. While attendance at the Pre-Proposal Conference is not mandatory, all interested Companies are encouraged to attend. If special accommodations are required for attendance, please notify Sarah Poulton in advance of the conference date and time identifying the special accommodations required. 2.5. Submission of Proposals. Proposals must be in the format specified in Section 4 of this RFP. One (1) electronic copy on a CD or flash drive in a searchable format such as MS Word or Adobe Acrobat and one unbound original Proposal signed in ink by a company official authorized to make a legal and binding offer, plus the one (1) copy shall be submitted to the address listed in Section 2.3 above by May 5, 2016 on or before but no later AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 7 Section 2 Procurement Process than 2:00 p.m. The original Proposal and copy shall be complete and unabridged, and shall not refer to any other copy of the signed and 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. Due to security measures at the Charlotte-Mecklenburg Government Center (CMGC), your sealed box(es), including any portions marked as Confidential/Trade Secret, may be searched and thoroughly inspected prior to admittance. Please allow time for this search to take place and to re-seal the box if delivering your Proposal in person to the CMGC. Do not arrive at the Procurement Management Division on the Proposal due date for the purposes of reviewing your competitors’ Proposals. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved. 2.6. Correction of Errors. The person signing the Proposal must initial erasures or other corrections in the Proposal. The Company further agrees that in the event of any obvious errors, 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. 2.7. Evaluation. As part of the evaluation process, the Evaluation Committee may engage in discussions with one or more Company(-ies). Discussions might be held with individual Companies to determine in greater detail the Company’s qualifications, to explore with the Company the scope and nature of the required contractual Services, to learn the Company’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 Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company 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. Companies 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 state the Company's best offer for performing the Services described in this RFP. 2.8. Contract Award by Council. As soon as practical after opening the Proposals, the name of the apparent successful Company will be submitted to the Council for final approval of award. If approved by the Council, the Procurement Management Division will provide Contract documents to the Company. In the event the Council approval is not received within 180 calendar days after opening of the Proposals, the Company may request that it be released from the Proposal. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 8 Section 2 Procurement Process 2.9. Vendor Inclusion. 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 Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Proposal, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system. 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, minority-owned, or woman-owned enterprise. The link below will provide you with the opportunity to complete your registration on-line with the City. http://charlottenc.gov/vendors AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 9 Section 3 Scope of Services 3. SCOPE OF AIRPORT TAXI OPERATING SERVICES. 3.1. Airport Background. The City owns and operates Charlotte Douglas International Airport, which is managed by the Aviation Director. Pursuant to Sec. 4-2 of the City’s Code of Ordinances, the Airport has the authority to promulgate and enforce regulations of operations and conduct at the Airport. The Airport is a major international hub for American Airlines and is currently served by eight (8) major airlines and more than ten (10) regional carriers. Collectively, these airlines operate approximately over 700 daily departures. Taxi passenger traffic patterns are inconsistent throughout the day as aircraft depart and take off in banks. This affects taxi service as the ebb and flow of aircraft create an ebb and flow of passenger traffic. Of the Airport’s 44.9 million passengers served in 2015, approximately, 11.2 million were local passengers. Passengers can provide their own transportation, making use of multiple parking options at the Airport. There are over 26,000 public parking spaces at a cost starting at five dollars ($5.00) per day. The Airport offers curbside and business valet parking services. Charlotte Area Transit System (CATS) provides public buses to and from the Airport. Pre-arranged vans and limousines are also available to serve Airport customers. The Airport is currently party to operating agreements under which three (3) taxi companies provide 157 permitted Taxis, operating a range of both Standard and Peak Taxis. Standard Taxis are permitted to enter the Airport under a Schedule Arrangement, while Peak Taxis are called in at points of high demand. It is proposed that this Schedule Arrangement be continued, and that a total of ten percent (10%) of the Airport Taxi fleet be designated as Peak Taxis. This represents an increase in the number of Standard Taxi permits issued by the Airport. Taxis wait in a holding area until dispatched to pick up customers on the curbside of the terminal. It is anticipated that the holding area will be replaced over the life of the Operating Agreement with a new combined holding lot, to be used by taxis and other forms of ground transportation, using separate identified lanes dedicated to specific transport modes. Standard Taxis and Peak Taxis will be provided marked waiting areas within the combined holding lot. 3.2. Taxi Service Background. The Airport issues Operating Agreements to taxicab companies under which Airport Permits are issued to Companies to provide on-demand transportation via Taxi from the Airport. In accordance with the City Code, only those companies with Operating Agreements are allowed to provide on-demand Taxi Services. The City intends to enter into Operating Agreements for Taxi Services with Companies that will hold, collectively, an initial amount of 170 Permits will be disseminated to Companies with additional Permits created and disseminated as the Airport deems appropriate. The number of Permits issued to the successful Companies will depend on the number of Companies selected, and may be set at the decision of the Airport to reflect the demand for Taxi Services at the Airport. Each Company should specify in its Proposal the maximum number of Permits it wishes to hold as directed in the attached Proposal forms in Form 6. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 10 Section 3 Scope of Services The Operating Agreement(s) shall govern the operation of Taxi Services. Pursuant to the terms and conditions of the Operating Agreement, each successful Company must abide by the Airport’s Rules and Regulations ("Rules"). The Rules which shall take effect upon the execution of the new Operating Agreement shall be substantially similar to those attached as Exhibit A. 3.3. Schedules The Airport will designate a Schedule Arrangement for Permitted Taxis that indicates when each Taxi may provide Services to the Airport. Each individual Taxi may only be scheduled for a maximum of fifty (50) hours. The Companies may then assign each Taxi to the schedules to accommodate the Airport’s schedule. 3.4. Operations. Each Company shall be required to provide a sufficient number of drivers and permitted Taxis to fulfill the number of Permits they are issued as part of this RFP and to serve the needs of the Airport’s customers. The Company shall operate at any time there is customer demand which is twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks per year including holidays according to schedules set in the Company’s Operating Agreement. Peak Taxis may be called upon in circumstances where it is deemed necessary for additional supply to be present. Once a Peak Taxi has been called upon it has thirty (30) minutes to arrive at the Airport and enter the holding lot. Peak Taxis thus called will be treated as though they were Standard Taxis and have the same rights for call on and dispatch from the holding lot as though it were a Standard Taxi. Peak Taxis shall be called in on the basis of the next available without preference to any company. The Airport reserves the right to call in additional taxis from other companies but only where all Peak Taxis have been called in and where demand is deemed to remain in excess of supply. 3.5. Operating Agreements. Each successful Company shall be required to enter into an Operating Agreement, in a form substantially similar to the one attached as Exhibit A, to provide Taxi Services from the Airport. While the City reserves the right to modify the Operating Agreement prior to execution, Companies must be willing to sign the attached Operating Agreement and abide by the attached Rules, as may be amended from time to time. The term of the Operating Agreement shall be one (1) year plus four (4) optional, additional and consecutive one (1)- year terms. Permits will be issued to a minimum of two (2) companies. The total number of Permits allocated to each company, up to the maximum, will be determined by the Evaluation Committee. The Company shall pay a one dollar and fifty cent ($1.50) Trip Fee each time one of its permitted Taxis enters the Airport to pick up an Airport passenger. The Trip Fee shall apply on every occasion a permitted vehicle enters the Airport. The Airport reserves the right to amend any of the fees or charges it levies with seven (7) days written notice to the Company. The Airport is committed and required to provide sufficient handicap accessible vehicles at curbside. Companies that currently or plan to have handicap accessible vehicles shall note this in Form 6. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 11 Section 3 Scope of Services 3.6. Company Requirements. The Company and all permitted drivers operating on behalf of the Company shall comply with all terms and conditions of the Operating Agreement, Chapters 4 and 22 of the City Code of Ordinances (which can be found at https://www.municode.com/library/nc/charlotte/codes/code_of_ordinances), and the Rules, which shall take effect upon the full execution of the Operating Agreement. The Rules, which may be amended from time to time in the sole and absolute discretion of the Director, are attached hereto as Exhibit B. Companies should note that, in some respects, the Rules impose higher standards than Chapter 22, including but not limited to the requirements that: • • • Taxis enter service as a model three (3) years old or less*; Taxis have GPS systems; and Taxis have backseat credit card payment options**. *A non-handicapped accessible Taxi must be of a vehicle model no more than three (3) years old when it first receives a Permit and may retain its Permit for no longer than three (3) years. Handicap accessible Taxis must only meet the age requirements set by Chapter 22 of the City Code mentioned above. **Credit card acceptance without penalty to the passenger is mandatory. Any driver refusing to accept a valid credit card or debit card payment on request shall forfeit the right to the fare and shall provide the ride without charge. Any driver who does not comply with this rule is subject to summary removal of their Permit and an additional fine to be imposed upon her/his Company. The Airport is experiencing substantial growth and has plans to expand the terminal. The Airport will also further modernize the taxi operations over time. The Airport and the successful Companies must therefore be flexible to accommodate the needs of all parties during any construction or changes to the grounds, facilities, technology and infrastructure. The Airport will continue to make investments in technology to increase the level of service over the life of the Operating Agreements. While the Airport may bear the cost of any technological system it purchases, Companies shall facilitate the installation into all permitted taxis of any required equipment, ensure its use, and allow the City reasonable access to perform any maintenance or repairs. This may include, but is not limited to: the introduction of GPS location services, vehicle tracking and automated enforcement actions. All drivers may in the future be required to have GPS-enabled device compatible with application based software (i.e. iPhone, Droid, or other smart phone) to comply with planned technology implementations. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 12 Section 4 Proposal Content and Format 4. PROPOSAL CONTENT AND 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 Company’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. Cover letter; The “Addenda Receipt Confirmation” set forth in Section 6, Form 2; The “Proposal Submission” set forth in Section 6, Form 3; The “Company’s Background and Experience” form set forth in Section 6, Form 4; The “References” set forth in Section 6, Form 5; and The “Operating Plan” set forth in Section 6, Form 6. The City encourages Proposals to be compatible with the City’s waste reduction goals and policies. Therefore, it is desired that all Proposals be printed 8 1/2" x 11" format with all standard text no smaller than eleven (11) points and, unless necessary, minimize or eliminate use of non-recyclable or non re-usable 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 Proposals must also include a CD or flash drive including the entire Proposal in a searchable format such as MS Word or Adobe Acrobat. Companies are required to organize the information requested in this RFP in accordance with the format and instructions outlined above and detailed below. Failure to do so may result in the City, at its sole discretion, deeming the Proposal non-responsive. The Company, 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. 4.1. Cover Letter. The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, telephone and facsimile numbers of the Company along with the name, title, address, email address, telephone and facsimile numbers of the executive that has the authority to contract with the City. The cover letter shall present the Company'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. 4.2. Required Forms. To be deemed responsive to this RFP, Companies must complete, in detail, all Proposal Forms listed in this Section 4, items numbered b through f. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 13 Section 5 Evaluation Criteria 5. PROPOSAL EVALUATION CRITERIA. Proposals will be evaluated based on the Company'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 Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Company’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 Company to submit information requested may result in the elimination of the Proposal from further evaluation. Proposals will be assessed to determine the most appropriate Companies 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: a. b. c. d. e. f. Amount and quality of Company's relevant experience; Strength and feasibility of Company's Operating Plan; Demonstrable ability to comply with the Rules; Financial and contractual arrangements with Taxi drivers; Financial history background and credit status of the Company; and Demonstrated willingness and ability to incorporate new technologies, including GPS tracking, and the ability to deliver, to the Airport, all data associated therewith. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 14 Section 6 Required Forms REQUIRED FORM 1 - REQUEST FOR PROPOSALS ACKNOWLEDGEMENT RFP # 269-2016-040 Airport Taxi Operating Services The Company hereby certifies receipt of the Request for Proposals for the City of Charlotte, North Carolina RFP #269-2016-040, Airport Taxi Operating Services. This form should be completed upon receipt of the City’s Request for Proposals and faxed in time for the City to receive it by or before April 8, 2016. Failure to submit this form by the designated date shall not preclude the Company from submitting a proposal. Please fax or email the completed Request for Proposals Acknowledgement Form to the attention of: Sarah Poulton Procurement Management Division Fax: 704-632-8279 Email: spoulton@charlottenc.gov Date: _________________________ Authorized Signature:______________________________________________________ Title:__________________________________________________________________________ Company Name:________________________________________________________________ Contact Name: _________________________________________________________________ Contact E-mail address: __________________________________________________________ Please check the appropriate space below and provide the requested information: _____We plan to attend the Pre-Proposal Conference and plan on submitting a Proposal Indicate number of attendees: _____We do not plan to attend the Pre-Proposal Conference but plan on submitting a Proposal Reason:________________________________________________________________________ _____We do not plan to attend the Pre-Proposal Conference and do not plan on submitting a Proposal Reason:_______________________________________________________________________ ______________________________________________________________________________ AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 15 Section 6 Required Forms REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION RFP # 269-2016-040 Airport Taxi Operating Services Please acknowledge receipt of all addenda by including this form with your Proposal. All addenda will be posted to the NC IPS website at www.ips.state.nc.us. ADDENDUM #: DATE ADDENDUM DOWNLOADED FROM NC IPS: _________ _________ _________ _________ _____________ _____________ _____________ _____________ I certify that this proposal complies with the Specifications and conditions issued by the City except as clearly marked in the attached copy. _____________________________ (Please Print Name) ______________________ Date _____________________________ Authorized Signature _____________________________ Title _____________________________ Company Name AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 16 Section 6 Required Forms REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM RFP # 269-2016-040 Airport Taxi Operating Services This Proposal is submitted by: Company Name: ________________________________________________________ Representative: ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ City/State/Zip: ________________________________________________________ Email address: ________________________________________________________ Telephone: ________________________________________________________ Facsimile: ________________________________________________________ The representative signing above hereby certifies and agrees that the following information is correct: 1. In preparing its proposal, the Company has considered all proposals submitted from qualified, potential subcontractors and suppliers; and has not engaged in or condoned prohibited discrimination. a. 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. 2. 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 bid submitted by the Bidder on this Project and to terminate any contract awarded based on such bid. 3. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company 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 subcontractors. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such bid. 4. 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 AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 17 Section 6 Required Forms ensure that the statements therein do not in whole or in part mislead the City as to any material facts. 5. It is understood by the Company that the City 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, to waive formalities, technicalities, to recover and re-bid this RFP. 6. This Proposal is valid for one hundred and eighty (180) calendar days from the Proposal due date. Authorized Signature:_____________________________ Date: ____________ AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 18 Section 6 Required Forms REQUIRED FORM 4 - COMPANY’S BACKGROUND RESPONSE RFP # 269-2016-040 Ground Transportation Permits Companies shall complete and submit the form below as part of their response to this RFP. Question Response Company Name (Official Name) Company Location (corporate headquarters and local location) # of years in business List any projects or services terminated. Please disclose the entity that terminated and explain the reason for the termination. Provide an overview and history of your company. Provide a management organization chart of your company’s overall organization, including director and officer positions and names and the reporting structure. Detail how long the company has been providing services similar to those in this RFP. Include information regarding experience with similar projects. If your company has been the subject of a dispute or strike by organized labor within the last five (5) years, please describe the circumstances and the resolution of the dispute. Discuss any airport experience describing where your company operates and at what level of market share; any ratings, awards, certifications; or other evidence to show a demonstrated level of customer service. Information on quality monitoring programs that your company has implemented including both descriptive information and sample evaluation forms from quality audits, performance standard evaluations or other similar programs. Has your company ever been subject to claims, actions, demands, suits or other litigation (collectively litigation) brought by any owner/operator or others over non-payment of rent or fees, or non-performance of similar Services as that requested under this RFP? If so, attach a detailed explanation of the nature and result of such litigation. Does your company have any past due arrearages or is your company in breach of any previous or existing contract with the City? AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 19 Section 6 Required Forms Has your company declared bankruptcy in the past ten (10) years? If so, attach a detailed explanation including the date of filing, the jurisdiction (state and court), the amounts of assets and liabilities and the disposition of that action. During the past ten (10) years, have any of your company’s concession agreements, management agreements, leases or other contractual agreements been canceled or terminated, either voluntarily or involuntarily, by an Airport owner/operator? If so, attach a detailed explanation including the date and circumstances of such cancellation or termination. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 20 Section 6 Required Forms REQUIRED FORM 5 – REFERENCES RFP # 269-2016-040 Airport Taxi Operating Services Companies shall complete the form below. The City’s preference is for references from organizations of similar size or where the Company is performing similar services to those described herein. If such references are not available, individuals or companies that can speak to the Company’s performance are adequate. Reference 1 Company Name Contact Name Phone Number Reference 2 Company Name Contact Name Phone Number Reference 3 Company Name Contact Name Phone Number Reference 4 Company Name Contact Name Phone Number Reference 5 Company Name Contact Name Phone Number AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 21 Section 6 Required Forms REQUIRED FORM 6 – OPERATING PLAN RFP # 269-2016-040 Airport Taxi Operating Services The Company should explain how it plans to meet the requirements of the RFP. Specifically, the Operating Plan should at least address each of the following: • • • • • • • • • • • • • • • The maximum number of permits your company is requesting; The number of PVH compliant vehicles; How many of the following types of vehicles do you have that are compliant with the requirements as of the beginning of the Operating Agreement(s)? A. Sedans B. Vans C. Handicap accessible (of any vehicle type) Do you plan to add any additional vehicles to your fleet between now and July 1, 2016? Describe your company’s oversight of vehicle maintenance and repair (ie how regularly are vehicles inspected, are inspections done in house); How Company will ensure and enforce compliance with the Rules; How many of the drivers are expected to be owner/operators versus lessees or employees; Describe all direct and indirect fees or expenses charged, assessed, or passed on to drivers regardless of whether they are paid to Company or another entity, including but not limited to franchise or other Permit usage fees, PVH fees, automobile insurance, credit card fees, maintenance, gas, etc., and differentiating between owner/operators and lessees; Provide a sample of the agreement between the Company and independent owner/operators that the Company uses; Describe the drivers’ compensation and specify whether drivers will receive any benefits; Describe the hiring, training, and retention plan for drivers; Describe the plan for providing a sufficient number of drivers and specify any restrictions or requirements that will be placed on drivers regarding days and times for serving the Airport; Describe the local management team and what involvement they will have in the daily operation of providing Taxi Service; Describe the technological capabilities the fleet currently has for dispatching and monitoring the trips; and Describe your ability and willingness to adjust to new technologies such as Geofencing the Airport may undertake to modernize ground transportation. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 22 Exhibit A – Sample Taxi Operating Agreement EXHIBIT A – CITY OF CHARLOTTE AVIATION DEPARTMENT CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT AIRPORT OPERATING AGREEMENT THIS AIRPORT OPERATING AGREEMENT, by and between the City of Charlotte, a North Carolina Municipal Corporation (“City’’), and __________, a ________________ licensed to operate taxi service under the laws of the State of North Carolina and the City of Charlotte Code of Ordinances (“Company’’). WITNESSETH WHEREAS, the City, by and through its Aviation Department, owns and operates Charlotte Douglas International Airport (“Airport”) in Charlotte, North Carolina and the Aviation Director is empowered to establish rules and regulations governing the operation of taxi services at the Airport; and WHEREAS, the City issued a document entitled “New Request for Proposals for Taxi Service at Charlotte Douglas International Airport” dated on or about ________ 2016 (“RFP”) in response to which Company submitted a proposal dated on or about ________ 2016 (“Proposal”) which City then selected; WHEREAS, the City and Company desire to enter into an Operating Agreement (“Operating Agreement”) pursuant to which Company will have the non-exclusive right and obligation to provide on-demand transportation via taxi from the Airport; NOW THEREFORE, in consideration of the mutual covenants, agreements and obligations set forth in this Operating Agreement, City and Company agree as follows: AGREEMENT 1. RIGHTS AND OBLIGATIONS. City hereby grants Company the non-exclusive right and obligation to provide on-demand transportation via taxi from the Airport (“Taxi Service”) on the terms and conditions contained herein. 2. TERM. The term of this Operating Agreement shall be for three initial years with the City having the right to extend for three (3) additional one (1) year terms. The first term (“Initial Term”) shall begin effective at midnight on ________ (“Effective Date”) and terminate at 11:59 pm on _______. The City may exercise three (3) options to renew for additional years (“Option Years”), subject to Company’s consent, by providing written notice to Company at least 60 days prior to the expiration of the then-current term. 3. OPERATIONS. The following applies to the operation of the Taxi Service: a. HOURS. Company shall meet the demands of the Airport’s customers for Taxi Service twenty-four hours per day, seven days per week and fifty-two weeks per year including holidays. b. RULES AND REGULATIONS. Company shall operate Taxi Service in accordance with the City’s Code of Ordinances, this Operating Agreement, and the Rules and Regulations for Taxicabs at Charlotte Douglas International AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 23 Exhibit A – Sample Taxi Operating Agreement c. d. e. f. g. Airport (“Rules”), which are attached as Exhibit A and incorporated herein. The Rules may be amended from time to time by the Aviation Director in his reasonable discretion. Should the Rules be amended, a new Exhibit A will be attached hereto and notice sent to Company. Notwithstanding the above, the maximum taxi model age and years of usage (“Taxi Age Rule”) shall not be decreased within the Initial Term. Should City wish to decrease the Taxi Age Rule in any of the Option Years, City may do so by notifying Company in writing 60 days in advance of expiration of the then current term with the revised Taxi Age Rule to take effect at the start of the Option Years. TRANSITION PERIOD ALLOWED IN INITIAL TERM. The Rules take effect on the Effective Date of this Operating Agreement. However, in the Initial Term, Company shall be allowed a transition period of 120 days from the Effective Date to be in full compliance with all Rules and Regulations. ISSUANCE OF AIRPORT TAXI PERMITS. No taxi can provide Taxi Service without a valid permit. City shall only issue permits- whether Standard or Peak Time Permits- to Company for specific taxis that are eligible for service under the Rules. Company shall submit a list to the Aviation Department’s Ground Transportation Manager (“GT Manager”) identifying each permitted taxi (“Airport Taxi”) by make, model, year, vehicle registration number, license plate number, Company taxicab number and the City’s Passenger Vehicle for Hire permit number. The GT Manager reserves the right to inspect each Airport Taxi and to reject any Airport Taxi that does not conform to the standards set forth in the Rules. The Company agrees to notify the GT Manager of any change in the information submitted in the above-referenced list immediately by writing to groundtransportation@cltairport.com. PERMIT SCHEDULES. City shall issue two types of permits and establish the times the taxis holding said permits are eligible to provide Taxi Service. “Standard Permits” shall be authorized to provide Taxi Service on a schedule established by the GT Manager for at least 50 hours per week. “Peak Time Permits” shall be authorized to provide Taxi Service at those times where the number of taxis with Standard Permits at the Airport is, in the discretion of the GT Manager, insufficient to meet the needs of the Airport’s customers. At the request of the GT Manager or his designee, Company shall invite taxicabs with Peak Time Permits to the Airport. Should the number of taxis with Standard Permits and Peak Time Permits still, in the discretion of the GT Manager, be insufficient to meet the needs of the Airport’s customers, he or his designee will ask Company to invite taxis with Standard Permits who were not scheduled to be at the Airport at that time. NUMBER OF PERMITS ISSUED. Company is eligible to receive ______Standard Permits and _____Peak Time Permits to be issued in accordance with subsection “d” above, and all other terms and conditions herein At the end of the Transition Period in the Initial Term, if Company has not produced taxis approved by the GT Manager for all the Permits for which it is eligible, then Company shall forfeit the equivalent number of Permits and City may reallocate those Permits to another Company. During the remainder of the Initial Term or during any Option Years or term thereafter, Company will forfeit any Permit for which it fails to produce a substitute taxi approved by the GT Manager within 30 days. All permitted taxis, whether holding Standard or Peak Time Permits, must adhere to all the Rules. NON-EXCLUSIVITY. Company’s right and obligation to provide taxi Service is non-exclusive and therefore other companies may also hold Operating AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 24 Exhibit A – Sample Taxi Operating Agreement Agreements. City reserves the right to call in additional non-permitted taxis from companies that may or may not hold Airport Operating Agreements to temporarily provide Taxi Service if, in the discretion of the GT Manager, that is necessary to meet customer needs. City shall not be liable for any claim of loss or diminution in value for the Permits issued under this Operating Agreement because additional taxis were called in or for any reason. h. BADGES. Company will require its taxi drivers to wear valid Airport badges while providing Taxi Service and will comply with Airport and Transportation Security Administration (“TSA”) security and badging procedures. Company’s taxi drivers who have applied for a badge but not yet been issued one may drive with the express written permission of the GT Manager. i. AIRPORT DECALS. Company shall ensure that all its Airport Taxis display a decal designed by the Airport to show customers that the vehicle meets Airport specifications. Company shall immediately remove that Airport decal and any other Airport decals and Permits from any of its taxis once it ceases operating as an Airport Taxi. 4. FEES TO THE CITY. a. TRIP CHARGE. The Company agrees to pay a Trip Fe in the amount of one dollar and fifty cents ($1.50) each time any one of its permitted taxis is dispatched by the Airport to pick up a customer at the Airport (“Trip Charge”). The Trip Charge applies to both Standard and Peak Time Permits. City will record each Trip Charge incurred by the Company and will bill the Company after the end of each month for all Trip Fees incurred in the preceding month. Company will accept the City’s recordings of such Trip Charges but may request documentation thereof. Company shall pay all Trip Charges no later than twenty (20) days following the end of the month in which the Trip Charges were incurred. b. NOTICE OF VIOLATION (“NOV”). If Company incurs any fines in accordance with the Rules, said fine is due and payable within 15 days of the written NOV. If Company appeals the fine within the timeframe specified in the Rules, the fine, if upheld, is due and payable within 10 days of written notice of the appeals decision. c. INTEREST. Interest in the amount of one and a half percent (1.5%) per month shall accrue on all past due amounts, whether fines or fees. 5. BOOKS AND RECORDS. The Company shall keep true and accurate accounts, books, records and data which shall, among other things, track all services rendered by the Company at the Airport. Such accounts, books, records and data shall be open to inspection by an authorized representative of the Aviation Department upon request. 6. INDEMNIFICATION. Company agrees to defend, indemnify and hold harmless the City, its public officials, Airport Advisory Committee, officers, employees and agents from any and all claims, suits, actions, expenses and costs (including reasonable attorneys’ fees, if applicable) arising from Company’s use of, or operations at, the Airport; provided that Company shall not be liable for any injury, damage or loss occasioned solely by the negligence of City, its public officials, Airport Advisory Committee, officers, employees or agents. Company shall purchase insurance, as described in Paragraph 7, which insurance shall provide coverage for this contractual liability. In any case in which Company 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 paragraph shall survive the expiration or early termination of this Operating Agreement. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 25 Exhibit A – Sample Taxi Operating Agreement 7. INSURANCE REQUIREMENTS. Company is obligated to ensure that each of its independent owner-operator taxi drivers maintains Automobile Liability Insurance in at least the amounts and coverage stipulated in Chapter 22 of the City’s Passenger Vehicle for Hire Ordinance. Company is also obligated to purchase and maintain the following forms of insurance during the term of this Operating Agreement: a. Commercial General Liability insurance in the amount of at least One Million Dollars ($1,000,000.00) per occurrence and shall include the City as an additional insured. On the effective date of this Operating Agreement, and each anniversary thereof, the Company shall provide the Aviation Director with proof of the required insurance. b. Automobile Liability Insurance, for Company owned taxis, in at least the amounts and coverage stipulated in Chapter 22 of the City’s Passenger Vehicle for Hire Ordinance. 8. SIGNS. No signs, posters or advertising devices may be erected by the Company on Airport premises. 9. FEDERAL NON-DISCRIMINATION. The Company shall comply with the Federal nondiscrimination requirements as set forth in Exhibit B. 10. NOTIFICATION. Whenever required by the terms of this Operating Agreement, notice shall be in writing and shall be sent by certified mail, postage prepaid. The address of the City shall be: Attn: Aviation Director Charlotte Douglas International Airport Administration- Terminal Building P.O. Box 19066 Charlotte, NC 28219 If intended for the Company, the address used shall be: ______________________ ______________________ ______________________ The Company agrees to notify the Aviation Director in writing immediately regarding any change of address, telephone number or change in ownership or partnership. Company agrees that it is sufficient for City to provide any NOV of the Rules solely by electronic mail to the following address: __________________________________________________ 11. TERMINATION FOR DEFAULT. City has the right to terminate this Operating Agreement in its entirety immediately upon the happening of any of the following events: a. The accumulation of sixteen (16) or more penalty points as set forth in Article V of the Rules. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 26 Exhibit A – Sample Taxi Operating Agreement b. The occurrence of any act which operates to deprive Company of the rights, powers, licenses, permits and authorizations necessary for the proper and lawful conduct and operation of Taxi Service, including but not limited to the suspension or loss by Company of its Operating Certificate or any of the Company’s permits issued under the Passenger Vehicle for Hire Ordinance. c. The filing by or against the Company of any petition in bankruptcy. d. The making by the Company of an assignment for the benefit of creditors. e. The abandonment or discontinuance of the operations and services of the Company or the termination or non-renewal of its Company Operating Certificate. f. The nonpayment of fees due to City and such nonpayment continuing for a period of five (5) days from the date written notice of default and intent to terminate have been given to Company by City through its Aviation Director. g. The failure of Company to perform, keep and observe any other of the terms, covenants and conditions in the Operating Agreement, the Rules, the Passenger Vehicle for Hire Ordinance or other applicable law. h. A change in majority ownership or control of the Company. The City’s right to terminate this Operating Agreement as set forth above is in addition to, and not in exhaustion of, such other rights that the City has or causes of action that may accrue to the City because of the Company’s failure to perform under this Operating Agreement. Pursuit by the City of any of the rights or causes or action accruing hereunder shall not be in exhaustion of such other rights or causes of action that the City might otherwise have. 12. TERMINATION FOR CONVENIENCE. The City has the right to terminate this Operating Agreement for any or no reason upon 30 days written notice. 13. RETURN OF PERMITS. Upon the termination or natural expiration of this Operating Agreement, the Permits issued to Company shall automatically expire, and Company shall return all Airport Permits and decals to the Aviation Director. 14. TERMINATION OF OTHER AGREEMETNS. Upon the Effective Date of this Operating Agreement, any other Taxicab Operating Agreement(s) for operations at the Airport to which Company may now be a party shall be automatically terminated. Exhibit B to the Operating Agreement - Federal Nondiscrimination. 1. Civil Rights - General The Company agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 27 Exhibit A – Sample Taxi Operating Agreement This provision binds the Company through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates the Company or its transferee for the period during which Federal assistance is extended to the City through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: a. the period during which the property is used by the City or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the City or any transferee retains ownership or possession of the property. 2. Civil Rights – Title VI Assurances (). During the performance of this Contract, the Company, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: a. The Company for itself and its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Airport, and (2) that the Company will use the premises in compliance with all other requirements imposed by or pursuant to the List of Pertinent Nondiscrimination Authorities included below. b. In the event of breach of any of the above nondiscrimination covenant, City will have the right to terminate this Agreement. Title VI List of Pertinent Nondiscrimination Statutes and Authorities 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), 2. 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.); 6. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended; 7. The Civil Rights Restoration Act of 1987, (PL 100-209); AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 28 Exhibit A – Sample Taxi Operating Agreement 8. Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, (20 U.S.C. 1681 et seq). AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 29 Exhibit B – Airport Rules and Regulations EXHIBIT B - RULES AND REGULATIONS FOR TAXICABS AT CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT Effective July 18, 2011 The City of Charlotte (“City”) owns and operates Charlotte Douglas International Airport (“Airport”) which is managed by the Aviation Director (“Director”). Pursuant to the authority vested in him under Sec. 22-353 of the City’s Code of Ordinances (“Code”), the Director hereby promulgates the following Rules and Regulations (“Rules”) for the safe, courteous and orderly operation of taxicabs at the Airport. ARTICLE I GENERAL 1.1 1.2 1.3 Taxicabs operating at the Airport must be in compliance with all federal, state, and local laws including, but not limited to, Chapter 4 - Aviation and Chapter 22 -Passenger Vehicles for Hire of the Code 1 and these Rules. Definitions contained in Chapters 4 and 22 of the Code shall have the same meaning in the Rules. All provisions of the Code are in full force and effect while operating inside the City, inclusive of the Airport. These Rules apply only to- and set forth additional requirements for- those taxicab companies providing on demand service at the Airport pursuant to an Airport Taxicab Operating Agreement (“Operating Agreement”). The Rules may be amended from time to time in the sole discretion of the Director. ARTICLE II PERMITS AND IDENTIFICATION 2.1 2.2 2.3 In order to pick up passengers on demand at the Airport, a taxicab must display an Airport Taxicab Permit (“Permit”) gained as a result of being affiliated with a taxicab company (“Company”) who holds a valid Operating Agreement. No taxicab shall have the right to pick up passengers without a current and valid Permit except via prearrangement. A Permit is not required to drop off passengers at the Airport. The Airport’s Ground Transportation Manager shall inspect all taxicabs, prior to being permitted, at a place and time designated by the Ground Transportation Manager, and periodically thereafter until removed from Airport service. Permitted taxicabs will receive a decal, which shall serve as the Airport Permit, from the Airport which must be affixed to the rear doors of the vehicle. The Airport further reserves the right to require permitted taxicabs to display additional decals, tags, labels or graphics for the purpose of identification or dispatch control. The Code is available at www.municode.com or at the Office of the City Clerk. 1 AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 30 Exhibit B – Airport Rules and Regulations 2.4 2.5 2.6 The Permit may not be transferred to another taxicab without the express written permission of the Ground Transportation Manager. Drivers of Permitted taxicabs (“Drivers”) must display a valid picture ID in the taxicab and make available contact information cards for the Driver and the Driver’s Company for passengers to provide feedback. Drivers must also wear current and valid Airport identification badges after passing a criminal history records check and security threat assessment. ARTICLE III AIRPORT SERVICE STANDARDS 3.1 Taxicabs must conform to the following specifications: 3.1.1 Taxicab shall display an Airport decal approved by the Director. 3.1.2 A taxicab that is not handicap accessible must be of a vehicle model no more than three (3) years old when it first receives a Permit and may retain its Permit for no longer than three (3) years. Handicap accessible vehicles must only meet the age requirements set by Chapter 22. 3.1.2 Taxicab shall have a functioning GPS system. 3.1.3 Taxicab shall have a functioning backseat credit card payment device. 3.2 Drivers shall be neat and clean in appearance and must adhere to a standard dress code as described below or as determined by the Company and approved, in writing, by the Director: 3.2.1 Light color (white, tan, cream, or blue) button down shirt; and 3.2.2 Dark color (navy blue, black, or brown) pants or a skirt; and 3.2.3 Closed toe shoes. 3.2.4 Jeans and sweatshirts are not permitted. ARTICLE IV METHOD OF OPERATION PICK UP 4.1 Taxicabs operating via Permit shall report to the assigned hold area immediately upon arrival at the Airport and wait there until dispatched by the Airport or Airport-approved personnel. 4.2 Drivers shall yield the right of way to pedestrians in all crosswalks and shall follow the lawful direction of all uniformed police and/or traffic direction personnel. 4.3 Drivers shall not leave any door of the taxicab open unless they are actively loading or unloading passengers from that door. 4.4 No maintenance work on the vehicles is to be performed while in the holding area. 4.5 Drivers shall pick up their passengers at the curbside in the area designated by the Director. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 31 Exhibit B – Airport Rules and Regulations 4.6 Drivers shall assist passengers by placing luggage or packages in or out of the taxicab when requested without charge and shall assist passengers in and out of the taxicab. DROP OFF 4.7 Drivers shall drop off passengers on the curbside in the area designated by the Director. 4.8 Drivers shall remain in the left traffic lane until fully across the first crosswalk. 4.9 Drivers shall endeavor to pull fully to the curb prior to dropping passengers and shall not stop or discharge any passenger on a crosswalk or in the left traffic lane. 4.10 Drivers shall pull forward until they are able to safely pull out of the left traffic lane to safely discharge passengers. 4.11 Under no circumstances may Drivers block the left traffic lane to wait for a space to open, but Drivers shall continue to pull forward to an open area. 4.12 Drivers may not use the areas designated for Curbside Valet or for the Business Valet shuttle bus. 4.13 Drivers who have dropped off their passengers shall immediately return to the taxi hold area or shall immediately exit the Airport terminal roadways and may not stop for any reason other than to obey a command from uniformed police and/or traffic direction personnel. Stopping or standing at the Terminal building without obvious reason will be considered an attempt to solicit passengers. ARTICLE V ENFORCEMENT 5.1 Each Company that is party to an Operating Agreement is responsible for ensuring that all of its drivers are aware of and comply with the Operating Agreement, the Code, and these Rules. 5.2 Companies must allow the Director or his/her designees to inspect vehicles at the Airport upon request. 5.3 The Director shall designate staff to monitor and enforce the Rules. Said staff shall have the full authority of the Director with regard to enforcement. 5.4 A violation of Chapter 22 of the Code is also a violation of these Rules, as noted in 1.1 above. Neither these Rules, nor an Airport enforcement action of the same, shall be interpreted to preclude a separate enforcement action of Chapter 22 of the Code by the Passenger Vehicle for Hire (“PVH”) Manager and Board. 5.5 The Director and his designees shall have any and all of the following remedies immediately available for any violation of these Rules: 5.5.1 The Permit may be permanently revoked or reassigned if the Director determines that the taxicab associated with that Permit should be taken out of Airport service. 5.5.2 The Company may be required to suspend or remove and to replace any Driver. Any requests made of Company for the suspension or removal of its Drivers shall be made in writing and shall be lawful and non-discriminatory. 5.5.3 The Agreement may be terminated. 5.6 Companies will be charged fees according to the number and type of violations accumulated within a twelve month period matching the Operating Agreement’s contract year. AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 32 Exhibit B – Airport Rules and Regulations 5.6.1 The fees will be determined in the following manner: 5.6.1.1 A violation of an Airport Service Standard as reflected in Article III of the Rules, or a violation of an ordinance in Chapter 22 Article II Division 1, except for section 22-31, and Divisions 2, 3, 4, 5, 6, 7, and 10 of the Code, will result in the company receiving 1 penalty point and the Permit being suspended until the violation is corrected. 5.6.1.2 A violation of a Permits and Identification standard as reflected in Article II of the Rules, or a violation of an ordinance in Chapter 22 Article II Division 8, except for section 22-288(6) and Division 9 of the Code, will result in the Company receiving 2 penalty points and the Permit being suspended until the violation is corrected. 5.6.1.3 A violation of an Operation Standards as reflected in Article IV of the Rules, or a violation of sections 22-31 or 22-288(6) of Chapter 22 Article II of the Code will result in the Company receiving 3 penalty points and the Permit being suspended until the violation is corrected. 5.6.2 The fee scale is as follows: 5.6.2.1 0-5 penalty points will result in no fines 5.6.2.2 6-10 penalty points will result in a $1000 fine 5.6.2.3 11-15 penalty points will result in a $2500 fine 5.6.2.4 16+ penalty points will result in a $5000 fine and prevent the company from being eligible to renew their Operating Agreement for one year. 5.7 Notices of violation shall be issued in writing to the Company with a copy to the Driver. 5.8 Companies may appeal Airport, Permit or Operation Standard violations as described in Section 5.6 above in writing to the Director no later than 15 days after receiving notice of the violation. [end] AIRPORT TAXI OPERATING SERVICES RFP# 269-2016-040 MARCH 30, 2016 33