CITY OF CHARLOTTE – AVIATION DEPARTMENT
ADDENDUM III
Date of Addendum: April 5, 2013
RFP NUMBER: 269-2013-03-002 (for IPS Website)
RFP NAME: PERSONNEL STAFFING FOR PARKING AND TAXI OPERATIONS (for Airport Website)
DUE TO THE DATE AND TIME OF POSTING OF ADDENDUM III, FAILURE TO ACKNOWLEDGE ADDENDUM
III ON REQUIRED FORM II WILL NOT DISQUALIFY ANY PROPOSING BIDDER.
NOTICE TO BIDDERS
A. This addendum is being issued in response to information requested but unavailable to provide
with Addendum II.
B. Bidders must acknowledge receipt of this addendum (RFP Required Forms – Form Two)
C. Proposals are due by 11 a.m. – EST, Monday, April 8, 2013
D. Mailing address: Charlotte Douglas International Airport - CLT Center – 5601 Wilkinson Blvd,
Charlotte, NC, 28208.
ATTACHMENTS
E. This addendum includes the current staffing agreement, amendments and copies of invoices.
CLARIFICATIONS
1. Please provide the total hourly fees paid, by position, for the two most recent contract years
and year-to-date.
a. Please see attachments below.
2. Please provide a comparison of actual vs. budgeted hours, by position, for the two most recent
contract years and year-to-date.
a. Information not available.
3. Please provide copies of detailed monthly statements/invoices from the current Service
Provider, including any subcontracted services, for the most recent three (3) months available.
a. Please see attachments for the most recent three (3) months available.
4. Please provide the City’s current PCI compliance policy and any supporting documentation, for
Airport parking operations.
a. There is no documentation for Airport parking operations.
5. Please provide a copy of the current staffing agreement for the Parking and Taxi Operations,
including any amendments or addendums.
a. Please see attachments below.
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CITY OF CHARLOTTE
CHARLOTTEIDOUGLAS INTERNATIONAL AIRPORT
TEMPORARY PERSONNEL SERVICES CONTRACT FOR
PARKING CASHIERS, GROUND TRANSPORTATION AGENTS
. AND VISITOR SERVICE AGENTS
This agreement ("Agreement"), between EJ Services, Inc., d1b/ll Blllllnce Stllffing
Services ("Contractor") and the City of Chllrlotte ("City"), entered into on or about January
2005,
Witnesses:
That, the City is the owner and operator of CharlottelDouglas International Airport
("Airport"); and
The City is in need of temporary personnel services to assist in fulfiIIing parking cashier
duties, certain ground transportation and parking duties and terminal information services as
more particularly described herein (the "Services"); and
Contractor is wiIling to provide such Services.
Therefore, in consideration of the premises above and the mutual promises set forth
below, the City and Contractor (collectively, "Parties") agree as follows.
Terms lind Conditions
Article I - Term
lJ. Term and Effective Date. The initial term of this Agreement shall begin at 12:01
a.m., February 1, 2005, and shall extend for three (3) years or until I I :59 p.m. on January 31,
2008.
1.2 Extension ofTelm. The City, in its sole discretion, may continue this Agreement
after January 3I, 2008 for two (2) additional terms of one year each. The City may exercise its
option by giving Contractor written notice at least sixty (60) days prior to the expiration of the
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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. These services are
more particularly described as follows:
2.1.1
Parking Lot Cashiers.
Contractor shall provide cashiers for certain
parking facilities operated by the City in connection with the Airport, as designated by
the City from time to time. Cashier duties shall include, generally, using a standard IBM
keyboard for correlating cashiering transactions, using of a credit card point-of-sale
tenninal, and making change.
2.1.2
License Plate Inventory Workers. Contractor shall provide personnel to
monitor the license plates and inventory vehicles parked from time to time in the City's
parking facilities operated in connection with the Airport. Personnel must be able to use
a ten-key Telxon machine accurately, and able to work without close supervision on the
3,d shift.
2.1.3
Customer Service Representative. Contractor shall provide personnel to
respond to parking customer inquiries, complaints and service calls, perfonn minor
repairs to parking equipment, and perform minor auto service calls.
2.1.4
Taxicab Dispatchers and Starters. Contractor shall provide personnel to
act as dispatchers and/or starters for taxicabs operating from the Airport, in accordance
with all applicable laws, ordinances, and City policies with respect thereto in effect from
time to time. 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 tenninal. Taxicab Starter will summon taxicabs for passengers to the
terminal and will control and organize and expedite passenger processing.
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2.1.5
Visitor Infonnation Services. Contractor shall provide personnel to staff
the Infonnation Center and Welcome Center. Employees will be assisting the traveling
public by providing tenninal paging, flight infonnation, Airport infonnation, visitor
infonnation and general passenger assistance. Employee Parking Monitors. Contractor
shall provide personnel to provide assistance to employees, and monitor the Employee
Shuttle operation and insure only authorized parking.
2.1.6
Employee Parking Monitors. Contractor shall provide personnel to
provide assistance to employees, monitor the Employee Shuttle operation and insure only
authorized parking.
2.1.7
Spotters. Contractor shall provide personnel on a short tenn basis to assist
customers in finding parking spaces when parking facilities are reaching capacity.
2.2
Quantity. Contractor shall provide personnel ("Contractor's Personnel") in
sufficient numbers to meet the estimated man-hour requirements for each category of Services as
set forth in Exhibit A.
2.3
Changes in Scope. The City may change the man-hours required upon 24 hours
written notice. For purposes of this section only, sufficient notice may be given by facsimile to
Contractor at 704/374-9217.
2.4
Supervision. Contractor is responsible for all management and supervision of the
Contractor's Personnel.
2.5
Training.
All of Contractor's Personnel shall be fully and adequately trained by
the Contractor on the duties of the specific Service perfonned, the proper use of equipment used
in the performance of the Services and other matters related to the perfonnance of the Services.
Contractor shall maintain a training record for each employee. The training records shall show,
at a minimum, the employee's name, date of employment, and type and date of each training
class attended or other training given. Such records shall be made available to the City, upon
4
request, in order to determine compliance with this Agreement. Time spent by Contractor's
Personnel in training shall not be charged to the City under Article III below.
2.5.1
City shall make available to the Contractor one or more members of the
Airport staff to train Contractor's management, supervisory or training personnel and
shall provide copies of written materials, video tapes, etc. in its possession. However,
Contractor 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 Contractor. Such facilities and equipment
shall 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. City shall also provide, at a nominal charge, vehicle parking space at the Airport for
the Contractor's personnel.
2.7
Communications. Contractor shall designate a manager for its Airport operations
who shall be available by phone 01' pager during all hours that Contractor's Personnel are on duty
at the Airport.
2.8
OSHA. Contractor agrees that for the purposes of compliance with the
requirements of occupational safety and health laws and regulations ("OSHA laws"), the
Services shall be deemed entirely within Contractor's responsibility. The Contractor shall take
all necessary precautions for the safety of its employees. Contractor shall notifY the City
promptly in writing if a charge of noncompliance with the OSHA laws has been filed against the
Contractor in connection with the Services being performed under this Agreement.
2.9
DlUg-free work place. Contractor will provide a DlUg-Free Workplace by:
a. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession 01' use of controlled substance is
prohibited in the facilities and specifYing the actions that will be taken against
employees for violation of such prohibition.
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b. Notifying the employee in the statement required by Paragraph (a)
that, as a condition of employment, the employee will:
(I) Abide by the terms of the statement; and
(2) Notif'y the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction.
c. Notifying the City within ten (10) days after receiving notice under
Subparagraph b(2) from any employee or otherwise receiving actual notice of
such conviction.
d. Taking one of the following actions within thirty (30) days of
receiving notice under Subparagraph b(2) with respect to any employee who is so
convicted:
(I) Taking appropriate personnel action against such employee up to and
including termination; or
(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.
e. Making a good faith eff0l1 to continue to maintain a Drug-Free
Workplace t1n'ough implementation of Paragraphs (a) through (d).
2.10 .Compensation to Contractor's Personnel. Contractor's Personnel shall be paid no
less than the Approved Hourly Pay Rate for their position, which Approved Hourly PayRate is
set forth in Exhibit B. The City, in its reasonable discretion, may increase or decrease the
Approved Hourly Pay Rate from time to time. If, and only if, the City increases or decreases the
Approved Hourly Pay Rate, the Hourly Bill Rate set forth in Exhibit B will be increased or
decreased accordingly. The Hourly Bill Rate set f011h in Exhibit B shall be determined by
adding the applicable percentage markup (see Exhibit B) for the year to the new Approved
Hourly Pay Rate. If Contractor determines to pay its personnel in excess of the Approved Pay
Rate, the Hourly Bill Rate shall not change.
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2.10.1 Overtime. Contractor's Personnel shall be paid time and a halffor
working in excess of 40 hours per week. Notwithstanding, Contractor shall have
sufficient Contractor's Personnel trained and qualified so that overtime shall not be
required in order to meet the requirements ofthis Agreement. All overtime must be
approved in advance by the City.
2.10.2 Timecards. All of Contractor's Personnel present for work must have a
supervisor initial their individual time cards showing shift by shift the positions filled and
the actual time worked by each employee
2.10.3
Benefits. At a minimum, Contractor shall provide the Contractor's
Personnel with the benefits described in Contractor's proposal.
2.11
Illegal Aliens. The Contractor shall establish appropriate procedures and controls
so that any alien who is not legally eligible for such employment under United States
immigration laws will not perform the Services performed under thiS Agreement.
2.12
Miscellaneous. The Contractor shall instmct its personnel that no gratuity shall
be solicited or accepted for any reason whatsoever from persons using the Airport premises.
Each employee of the Contractor assigned to perform work under this Agreement shall be
bonded in an amount of not less than $100,000.00.
2.13
.Contractor's Responsibility for Work. . The Contractor shall be responsible for
the complete performance of the Services as required under this Agreement and for the methods
and the means used in fulfilling its obligations hereunder. The Contractor is retained as an
independent contractor and, in no event shall any employee hired by Contractor be or be
considered an employee of the City.
2.14
Perfolmance, Payment and Guaranty Bond. Contractor shall provide and
maintain Performance Bond satisfactOly to the City in an amount of not less than Fifty Thousand
Dollars ($50,000.00). City shall not make a bond claim until it first notifies Contractor as to the
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reason why such a claim is being made at which time Contractor shall have 10 days to cure. The
Performance Bond shall terminate at the termination of this contract.
Article III - Compensation
lJ.
Compensation for Work. For complete performance of its duties under this
Agreement in stlict accordance with the terms hereof, the City shall pay to the Contractor, upon
approval of all invoices, an amount based upon the work hours performed by Contractor's
personnel times the Hourly Bill Rate set fOlih on Exhibit B.
3.2
Payment of Compensation. Contractor shall provide monthly invoices to City
showing, in detail, the number of hours worked at each respective position and identifying the
employees of Contractor performing any such work. Contractor shall furnish to City such
additional documentation with respect to each invoice as City may reasonably request. City shall
notify Contractor 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. Upon approval
of an invoice by the City, City shall make payment to Contractor of the amount due within thirty
(30) days. Contractor will be responsible for any and all shortages in cash receipts from the
parking cashiers. The shortages will be deducted on a monthly basis in the fOlm of a credit on
the invoice. Contractor 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.
3.3
Books and Records. The Contractor shall make available to the City for
inspection and copying all payroll records and other records pertinent to this Agreement.
Contractor shall maintain such records for not less than three (3) years. Contractor's duty to
maintain such records shall survive the expiration or earlier termination of this Agreement.
Article IV - Indemnification and Insurance
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1,1
Indemnity. Contractor 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 attorneys' fees if applicable) arising from
Contractor's performance of this Agreement; provided that Contractor shall not be liable for any
i~ury,
damage or loss occasioned by the sole negligence of City, its agents, servants or
employees. Contractor shall purchase insurance, as described in this Article IV, which insurance
shall provide coverage for this contractual liability. In any case in which Contractor 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 for five (5) years
after the expiration or early telmination of this Agreement.
4.2
Insurance.
4.2.1
Commercial General Liability Insurance. Contractor shall maintain in
force during the term of this Agreement commercial general liability insurance, in an
amount acceptable to City but not less than One Million Dollars ($1,000,000) per
occurrence. This insurance shall include coverage for products/completed operations,
personal injury and propelty damage liability and contractual liability assumed under the
indemnity provision of this agreement.
4.2.2
Vehicle Liability Insurance. Contractor shall maintain in force during the
term of this Agreement liability insurance covering the operations of Contractors' nonowned and hired automobiles 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 each 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. Contractor
shall maintain workers' compensation and employer's liability insurance in the amounts
and form required by the laws of the State of North Carolina.
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4.2.5
Certificates Evidencing Coverage: Insurer Acceptable to City. A
certificate evidencing all insurance coverage required of Contractor 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 (l0) 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 Contractor 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 ofNorth 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 Subcontl'acting
Contractor shall not assign this Agreement or any right granted to it by this Agreement
without the prior written consent of City. Contractor shall not subcontract any portion of this
Agreement, without prior written approval of the City.
Article VI - Non-Discrimination
The City is committed to promoting equal opportunities for all and to eliminating
prohibited discrimination in all fonus. For purposes of this section, prohibited discrimination
means discrimination in the solicitation, selection, and I or treatment ofany sub-contractor,
vendor, supplier or commercial customer on the basis of race, ethnicity, gender, age, religion,
national origin, disability or other unlawful fonu 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
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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 this Agreement, the Contractor
walTants and agrees 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 ofthis
Agreement, it is understood and agreed that a violation ofthis provision constitutes grounds for
the City to terminate this Agreement.
Article VII- Termination
City or Contractor may terminate this Agreement with or without cause upon sixty (60)
days' written notice.
Article VIII- General Provisions
M
Restrictions and Regulations. The operations conducted by Contractor pursuant
to this Agreement shall be subject to:
8.1.1
Any and all applicable 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, enviromnental statutes, regulations or orders of any
governmental authority, federal, state or municipal, lawfully exercising authority over the
Airport or Contractor's operations.
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City shall not be liable to Contractor for any diminution or deprivation of Contractor's
right hereunder on account of the exercise of any such authority, nor, except as elsewhere
expressly provided in this Agreement, shall Contractor be entitled to terminate the whole or any
portion of the Agreement by reason thereof.
8.2
Situs and Service of Process. Contractor agrees that all actions or proceedings
arising directly or indirectly from the Agreement shall be litigated only in courts having situs
within the State ofNorth Carolina, and Contractor hereby consents to the jurisdiction of any
local, state or federal court located within the State ofNorth 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 deemed given at the time a registered or certified letter properly
addressed, postage prepaid, return receipt requested, is deposited in any United States
post office.
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 28219, either by registered or certified mail, postage prepaid,
or at such other office as City may hereafter designate by notice to Contractor in writing.
8.4.3
Notice to Contractor shall be addressed to the attention of Corporate
Officer, EJ Services, Inc., d/b/a Balance Staffing Services, 4000 Atlantic Avenue,
Suite 132, Raleigh, North Carolina 27604, either by registered or certified mail,
postage prepaid, or at such other office in the continental United States as Contractor may
hereafter designate by notice to City in writing.
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4.
Section 2.1.2'of the Agreement is hereby stricken in its entirety and replaced with the
following:
2.1.2 Licellse Plate Illvelltorv. Calltractor shall provide persollllel to illvelltOlY the
vehicles parked from time to time ill the Facilities. Persollllel must be able to use the
provided equipmellt accurately and be able to work without close supervisor all the
desigllated shift.
5.
Section 2.1.3 of the Agreement is hereby stricken in its entirety and replaced with the
following:
2.1.3 Customer Service Represelltative. Contractor shall provide persollllel to respond to
customer inquiries, handle customer complaints ill a professiollalmanllel; provide
services such as jump starts alld vehicle locatioll assistallce alld pelformmillor repairs to
parkillg service equipmellt. Customer Service Represelltative will staff the' City office alld
must be able to handle large SlllllS of mOlley in all accurate mallller.
6.
Sections 2.1.5 and Sections 2.1.6 are hereby stricken in their entirety and replaced with
the following:
2.1.5 Illtelltionally deleted.
2.1.6 Illtelltionally deleted.
7.
Section 2.1. 7 of the Agreement is hereby stricken in its entirety and replaced with the
following:
2.1. 7 Spotters. Contractor shall provide persollllel all a short-term 01' seasollal basis to
assist customers in fillding parking spaces. Spotters may also be required to direct traffic
in order to facilitate ai/port operations.
8.
The following terms and conditions shall be added to Article II in the appropriate
sequence:
2.1.8 Mallager. Calltractor shall provide one Mallager who shall be provided all office by
the City. Contractor '0' Manager or his or her desigllee shall be available to the City staff
24171365 either in person or by phone. Contractors Mallagerfor this contract shall not
have responsibility for any other contracts.
2.1.9 Supervisory Staff. Contractor shall provide on-site supervisOly persollnel to
oversee alld direct Calltractors personnel in the pelformallce of Contractors duties ullder
this Agreemellt.
2.1.10 Commercial Lalle Assistallts. Calltractor shall provide persollnel to provide
assistance to customers retumillg to their vehicles. These personllel will be responsible
for expediting the loading of buses in the Commercia I Lane and will coordinate with City
staff.
2.1.11 Trainer. Contractor shall provide personnel to provide training to Contractors
Personnel in accordance with Section 2.5 below. Contractors training personnel hours
may not vary from the hours set forth in Exhibit A without the written approval of the
Aviation Director or his or her designee.
2.1.12 Clerical. Contractor shall provide personnel to assist with clerical duties related
to the parking and ground transportation operations as requested.
2.1.13 Lot Attendants. Contractor shall provide personnel to monitor traffic, assign and
track keys and to collect and verify shuttle bus condition 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.
9. Section 2.2 of the Agreement is hereby stricken in its entirety and replaced with the following:
2.2 Quantitv. Contractor shall provide personnel ("Contractor's Personnel") in
sufficient quantity to meet the estimated man-hour requirements for each category of
Services as set forth in Exhibit A. However, Exhibit A shall not be considered a
guarantee of work and actual man-hours may be more or less than the hours in Exhibit A
as may be determined in the City's sale discretion and as evidenced by the Approved
Staffing Schedule.
10. Section 2.3 of the Agreement is hereby stricken in its entirety and replaced with the
following:
2.3 Changes in Scope ofServices. It is understood and agreed the Ailport 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 tltis Agreement. Therefore, the City,
may, in its sale discretion, request from time to time, and Contractor shall provide, other
parking personnel and/or other duties to be pelfarmed upon 24-llOurs written notice and
Compensation to the Contractor shall be adjusted accordingly. For plllposes of this
section only, notice may be sent by fax or email to Contractor. Any such changes to the
Scope of Services must be approved in writing by the Aviation Director.
11. Section 2.4 of the Agreement is hereby stricken in its entirety and replaced with the
following:
2.4 Supervisioll. Contractor is responsible for all management and supervision of
Contractor's personnel including, but not limited to, ensuring Contractors Airport
personnel are operating in accordance with the Agreeinent.
12. Section 2.5 of the Agreement is hereby stricken in its entirety and replaced with the
following:
2.5 Training. Contractors personnel pelfarming Services under this agreement shall be
fully and adequately trained by the Contractor on the duties of the specific Service
pelfarmed, the proper use of equipment used in the pelformance of the Services and in
other matters related to the pelformance of the Services. Contractor 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. SlIch records shall be made available to the City, upon request, in
order to determine compliance with this Agreement. Time spent by Contractor's
Personnel in training shall not be charged to the City over the amount in Exhibit A
linless previollsly approved in writing by the Aviation Director 01' his or her designee or
as noted in the Approved Staffing Schedule.
13. Sections 2.7 and 2.10.2 of the Agreement are hereby stricken in their entirety and replaced
with the following: .
2.7 Intentionally deleted.
2.10.2 Intentionally deleted.
14. The following terms and conditions shall be added to Article II in the appropriate sequence:
2.15 Approved Staffing Schedule. The City, working in conjunction with Contractor's
management staff, will generate and update as necessm)' an Approved Siaffing Schedule
reflecting the man hOllrs requested by City. Any deviation from the Approved Staffing
Schedule mllst be approved in writing by the Director 01; for purposes of this section
only, an Administrator designated by the Director. Such approval may by via email..
City agrees to provide contractor with 72 hours notice of changes to the Approved
Staffing Schedllie. In the event the City cannot provide 72 hours notice, contractor will
make every reasonable effort to fill shifts without IIsing overtime howevel; City agrees
that providing less than 72 hOllrs notice shall constitute preapproval of overtime for the
pwposes ojfilling additional shifts. Overtime accrued due to the City "'failure to
provide 72 hours notice will not count against the contractor preapproved 1.5%
allotment.
2.16 Cash Handling. The Contractor shall develop appropriate written cash handling
procedures for the protection of the filllds provided by and collected on behalf of the City.
Notwithstanding, Contractor shall be fidly responsible for all operating fimds and
collections IInti! such funds or collections are received by the City. For the plllposes of
fimds collected by the Contractor on behalfofthe city, the term "Received by the City"
shall mean that the funds have been deposited into the City's bank account and allfimds
have been alldited for accuracy of the collection process.
City personnel will be prohibited from handling money Contractor is responsible for
other than for plllposes of audit and in the presence of Contractors Management or
Supervisory personnel. City personnel will not access the safe or counting rooms without
escortfrom Contractor unless there is an emergency and Contractor's Personnel are not
able or available to access the City'sfunds. City will provide an Ail7JOrt Police escort
when transporting money to or from the bank or will provide armored car service at the
City's discretion.
2.17 Airport Badges. All personnel of the Contractor shall be required to obtain an
ai/port identification badge in accordance with the policies and procedures thereof.
Contractor's Personnel shall be required to wem' such badge in accordance with Ailport
policy at (Ill times while on duty in pe/formance ofServices under this agreemeut.
Contractor will be responsible for the return of all badges assigned to its personnel and
will be required to reimburse the Ai/port for all badges lost or not returned.
2.18 Driving Permits. All Contractor Personnel who may drive a City owned vehicle in
pe/formance ofServices under this agreemeut will be required to obtain a City Driving
Permit. The City may, in its sale discretion, reject the driving pennit application or
revoke the driving permit of anyone it deems unfit to drive City vehicles. Contractor
Personnel shall follow all applicable State and Federal Laws and City polices related to
driving of vehicles.
2.19 Overtime. Contractor may bill the City for Overtime paid to its personnel for up to
1.5% 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 Director or
his or her designee in writing to the Contractor. Contractor is expected to have sufficient
personnel. trained and qualified that overtime shall not be required to meet the
requirements of this agreement. For plllposes of this section only, in writing may be via
email. In the event that hours exceed the budgeted amount, Contractor must receive prior
approval in writing or as excepted with regard to the verbiage in the section related to
the Approved Staffing Schedule or those hours will not be reimbursed at the overtime
rate.
2.20 Time Keeping. Contractor shall provide, at its own expense, a time clock(s) for use
by its personnel performing Service under this Agreement.
2.21 Gratuities. Contractors Personnel may not solicit any gratuity while in pe/formance
ofServices under this Agreement.
2.22 Uniforms. Contractor may be required to provide uniforms to certain Contractors
Personnel. Uniforms and the cost thereof will be approved by the City and contractor
will be reimbursed for approved uniforms through a direct reimbursement or charges per
man hour in the sole discretion of the City.
15. Section 3.2 of the Agreement is hereby stricken in its entirety and replaced with the
following:
3.2 Pawnent ofCompensation. Contractor shall provide monthly invoices to City
showing, in detail, the number of hours worked at each respective position and
indentifying the personnel of the Contractor pelforming such work and in amounts not to
exceed the Bill Rates in Exhibit B. Contractor shall provide to the City such additional
documentation, such as time keeping records, as the City may reasonably request. City
will notify Contractor if it disputes any 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 Contractor has submitted an invoice in excess of the amount finally
agreed lIpon, a credit memo shall be provided.
Upon approval of an invoice by the City, City shall make payment to Contractor of the
amount due within thirty (30) days. Contractor hereby agrees that City shall not be
reqllired to pay any amount ofmoney as interest, penalty, damages or otherwise for
failure to make payments on a timely basis.
a. Shortages. City shall provide the Contractor with a weekly report of shortages
incurred by Contractors Personnel. Contractor 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 Contractor using an
agreed upon procedure.
b. Other losses. [n the event Contractor personnel are found to be responsible for
other losses to the City, including but not limited to; shortages from the petty
cash, damage to equipment and lost badges, contractor will reimburse the City
based on an invoice generated by the City and provided to the Contractor using
an agreed upon procedure.
c. Contractor will not be responsible for ma!fllnctioning equipment such as cash
registers or normal wear and tear of equipment.
d. City will provide Contractor with vehicle information such as YIN numbers,
year, make and model, purchase price, and mileage and schedliled maintenance
both preventative and related to damage. City will absorb the first $500.00 pel'
vehicle incident, not to exceed $2500.00 annually, and contractor will pay any
and all amounts above that.
e. City will have up to 30-days from date of incident to notify Contractor ofany
losses. After 30 days City agrees to release Contractor from any liability arising
from such a loss.
f
[n the event of regulatory changes increasing Federal or State Unemployment
Tax rates, the City, at its sole discretion, may choose to reimburse the contractor
for all or some portion of that increase for employees of the comractor pelfol'11llilg
services under this contract. Contractor will be required to provide documentation
of the increase, Contractor will not be reimbursed for changes to its rates based
on factors directly under the control of the Contractor.
The City may choose to reduce or stop any such payments with 30 days notice.
In the event the Contractors taxes or other Federal or State required payments
decrease, regardless of the reason, Contractor agrees to notify City ofsuch and
City may choose to reduce the markup amount by all 01' tilly portion thereof
16. The total amount of compensation under this contract, as amended, shall not exceed
$5,520,000 over 24 months nnless the contract is amended in writing by both parties.
17, Exhibt A is replaced and superseded by Exhibit A attached hereto and Exhibt B is replaced
and superseded by Exhibit B attached hereto.
18. Except as amended by this Amendment, all other terms and conditions of the Agreement
remain in full force and effect.
BY:
"~'C=,",,,fb/a
Signature
Title
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BALA fE
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C~1)
ST~J1'FINGFEIN,
-,-
' \ Printed Name
Date
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f.. ,< c- r:e.;~J.fei n
th//!o
ArrEST:
Date
\ .'l.(q . \ 0
This instrument has been pre-audited in the manner required by the "Local Government Budget and
Fi! C:'OlljAct"" O.
~
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Deputy Finance Officer
3. '3ytc)
Date
9-1
Exhibit A
Estimated Weekly Man Hours Per Position
Manager
40
Supervisor
168
Clerical
40
Trainer
40
Cashier
1700
Lot Attendant/Fueler
168
Customer Service
972
Spotter
189
Taxi
280
Telxon
280
Commercial Lane Asst.
280
Training
56
aT
1.5% of total hours or as ap'proved in advance in accordance with
section 2.15 and/or 2.19
Exhibit B
32%
Employee Hourly Rate Schedule
Approved
Hourly
Pay Rate
Hourly Bill
Rate
Manager
16.83
22.22
Supervisor
14.82
19.56
Clerical
9
11.88
Trainer
10
13.20
Cashier
8
10.56
Lot Attendant
11
14.52
Customer Service
11
14.52
Spotter
9
11.88
Taxi
8
10.56
Telxon
9
11.88
Commercial Lane
10
13.20
Training
7.25
9.57