Taxicab RFP 2009 - Airports Council International

Transcription

Request for Proposals (RFP)
for
Taxicab Services at Phoenix Sky Harbor International Airport
Schedule
ACTIVITY
All times are local Phoenix time
Issue RFP
Pre-Proposal Meeting at 1:00 p.m.
Submittal of Written Questions by 11:00 a.m.
Responses to Written Questions
Submittal of Affirmative Action Forms
Proposal Submittal by 11:00 a.m.
Public Opening of Proposals 11:10 a.m.
Evaluation of Proposals
Successful Proposer Meetings
Contract Award Recommendation to:
Business & Development Subcommittee
Phoenix Aviation Advisory Board
Phoenix City Council
Commencement of Contract
DATE
August 5, 2009
August 12, 2009
August 18, 2009
August 21, 2009
See Section V (A)
August 26, 2009
August 26, 2009
August 26-28, 2009
August 26-28, 2009
September 2009
September 2009
October 2009
November 2009
Submit proposals and requests for alternate formats to:
Gretchen Wolfe
City of Phoenix Aviation Department
Phoenix Sky Harbor International Airport – PHX
Terminal 3 - Level 3 East Mezzanine
3400 E. Sky Harbor Boulevard, Suite 3300
Phoenix, AZ 85034-4405
602-273-4082/602-273-8809 (fax)
800-781-1010 (TTY)
[email protected]
www.phoenix.gov/avirfp
This RFP does not commit the City to award an agreement.
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CITY OF PHOENIX
Aviation Department
TAXICAB SERVICES RFP
TABLE OF CONTENTS
SECTION
PAGE
I. INTRODUCTION
A. Introduction............................................................................................................ 3
B. Minimum Qualifications ......................................................................................... 3
C. Contract Term and Contractual Relationship ........................................................ 3
D. Pre-Proposal Meeting............................................................................................ 4
E. Proposer Questions and Notification..................................................................... 4
F. Addenda ................................................................................................................ 4
II. PROCESS
A. Business Opportunity ............................................................................................ 4
B. Interim and Permanent Fleets ............................................................................... 5
C. Fees....................................................................................................................... 6
D. Contract Exhibits ................................................................................................... 6
III. SUBMITTAL INSTRUCTIONS
A. Delivery of Proposal .............................................................................................. 7
B. Form of Proposal ................................................................................................... 7
IV. PROPOSAL EVALUATION
A. Evaluation Criterion ............................................................................................... 8
B. Fleet Allocation to Successful Proposers .............................................................. 8
V. GENERAL TERMS AND CONDITIONS OF PROPOSALS
A. Airport Contracting Policy ...................................................................................... 9
B. Affirmative Action................................................................................................... 9
C. Equal Opportunity.................................................................................................. 9
D. Materials Submitted............................................................................................... 9
E. City’s Reservation of Rights ................................................................................ 10
F. City’s Right to Disqualify for Conflict of Interest .................................................. 10
G. Proposer Incurred Costs...................................................................................... 10
H. Right to Investigate.............................................................................................. 10
I. Proposer Certification .......................................................................................... 11
J. Execution of Contract .......................................................................................... 11
VI.
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Affidavit
Airport Contracting Policy Certification
Bid Sheet
Draft Contract
Data Collection Form
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CITY OF PHOENIX
Aviation Department
I. INTRODUCTION
A. Introduction
The City of Phoenix (City) is seeking taxicab services at Phoenix Sky Harbor
International Airport (PHX).
PHX is among the 10 busiest airports in the United States. A safe, orderly, and
efficient ground transportation system is an integral part of the services required
by the traveling public entering and departing the community through PHX. It is
the objective of the City’s Aviation Department (Aviation) to continue its pursuit of
excellent customer service, to address and fulfill the expectations of the traveling
public, and to ensure a fair, competitive process for awarding contracts for
taxicab services at PHX.
The City anticipates entering into contracts with 3 successful proposers with a
base fleet of 180 vehicles that must be dedicated to PHX. Each proposer shall
be required to propose a fleet of at least 20 vehicles. In the event the 3
successful proposers do not provide enough vehicles to meet the required base
fleet, the City reserves the right to enter into additional contracts to achieve the
required base fleet. The fleet may be increased or decreased at the sole
discretion of the Aviation Director to best meet the Aviation’s ground
transportation objectives. The fleet will be required to be equipped with an
Automated Vehicle Identification (AVI) tags.
B. Minimum Qualifications
Each proposer must identify a general manager who shall serve as Aviation’s
primary contact and shall be responsible for fulfilling the proposer’s obligations of
the contract. The general manager must have a minimum 3 years’ experience
operating or managing a dispatched-vehicle ground transportation service with a
fleet of at least 20 vehicles.
Any proposer that currently contracts with the City must be in good standing for
its proposal to be considered responsive. For the purpose of this RFP, good
standing refers to compliance with all contractual provisions, including payment
of financial obligations.
Each proposer must demonstrate in its proposal that it meets the minimum
qualifications or its proposal will be rejected as non-responsive.
C. Contract Term and Contractual Relationship
The contract term will be 5 years, with 2 one-year renewal options, to be
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CITY OF PHOENIX
Aviation Department
exercised at the sole discretion of the Aviation Director.
The information in this RFP is not intended to completely define the proposed
contractual relationship to be entered into by the City and the successful
proposers. Proposers are advised to read carefully the draft contract included as
Attachment D, to which the successful proposers shall be bound. These
contract terms may be amended at the sole discretion of the City at any time
during the RFP process and/or prior to execution.
D. Pre-Proposal Meeting
Proposers are strongly encouraged to attend the pre-proposal meeting at the
date and time listed on page 1 in the PHX Terminal 3 Aviation Conference Room.
Register by calling 602-273-2160 or e-mailing [email protected].
E. Questions and Notification
Proposers are advised to read this RFP in its entirety. Failure to read and/or
understand any portion of this RFP shall not be cause for waiver of any portion of
the RFP or subsequent contracts.
All questions about this RFP must be submitted in writing no later than the
All written
deadline listed on page 1 to [email protected].
questions will be responded to in writing. Pre-proposal meeting attendees, and
potential proposers who request such notification in writing, will be notified by email when documents related to this RFP are available at
www.phoenix.gov/avirfp.
Proposers must also identify and notify the City of any exceptions with the RFP,
including the draft contract, by the question deadline listed on page 1. Proposals
that list exceptions to any mandatory provision or material requirement of this
RFP may be disqualified as non-responsive.
F. Addenda
The City shall not be responsible for any oral instructions given by any City
employees or officials regarding RFP instructions, specifications, or documents.
Any changes will be in writing and available at www.phoenix.gov/avirfp.
II. SCOPE
A. Business Opportunity
Each successful proposer shall have the non-exclusive right to park vehicles in a
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CITY OF PHOENIX
Aviation Department
designated area to be dispatched to PHX terminals and to transport passengers
over the private entrance and exit roadways from PHX to passengers’
destinations within the service area depicted in Exhibit A of Attachment D. All
services must be provided in compliance with Phoenix City Code §4-67 through
§4-86.
Each successful proposer shall meet all contractual requirements including:
•
•
•
•
•
•
•
•
10% of vehicles, including any seasonal adjustments, must be ADA
compliant and wheelchair accessible;
A minimum of 15% of the base fleet vehicles must be operated by
franchisees and/or owner/operators;
All alternative fuel requirements;
Installation of electronic credit card transaction equipment;
Limiting passenger wait times to less than 5 minutes when 85% of
Contractor’s fleet is in use at PHX;
Management of drivers, which will include compliance with a Franchisee
and Owner/Operator Plan, Customer Services Plan, Drivers Conduct Plan,
and Training Plan;
Providing outstanding customer service during the delivery of taxicab
services; and
Providing supervisors to monitor taxicab services and provide timely
responses to Aviation staff.
All fleet and vehicle requirements, including the Alternative Fuel Requirements
apply to all vehicles, including seasonal adjustments, ADA compliant and wheel
chair accessible vehicles and vehicles operated by franchisees and/or
owner/operators. The following resources exist for information about alternative
fuel vehicles, interior passenger data, and cargo volumes: the Fuel Economy
Guide,
available
at
fueleconomy.gov,
consumersreports.org,
and
afdc.energy.gov/afdc; however the City does not warranty this information.
B. Interim and Permanent Fleets
If needed, a successful proposer may use an Interim Fleet to provide services for
not more than 6 months from the date its contract is signed. Failure to replace
the Interim Fleet with a Permanent Fleet within this timeline shall be considered a
breach of contract. Each vehicle in the Interim Fleet shall meet all Interim Fleet
specifications listed in Attachment D and each vehicle in a successful
proposer’s Permanent Fleet shall meet all Permanent Fleet specifications listed
in Attachment D.
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CITY OF PHOENIX
Aviation Department
C. Fees
1. Annual Permit Fee
Proposers shall use Attachment C to propose an Annual Permit Fee be paid
to the City, per vehicle, each year of the contract. The minimum Annual
Permit Fee for this business opportunity is $3,000 per vehicle, to be paid in
advance on a quarterly basis.
This Annual Permit Fee replaces the existing taxicab permit fee assessed by
Aviation’s Ground Transportation Program.
2. Additional Fees
In addition to its proposed Annual Permit Fee, each successful proposer shall
be subject to the following fees, in compliance with City Code, which may be
amended from time to time by City Council:
•
•
•
Automated Vehicle Identification System (AVI) Tag Fees are required
for all vehicles, including those used by supervisors. Fees are currently
$15 per windshield mounted AVI tag and $20 per bumper mounted AVI
tag. These fees apply to replacement tags as well.
Criminal History Background Check Fees for taxicab drivers are
currently $35 per person.
Trip Fees are currently $1 per trip from PHX.
D. Contract Exhibits
In the interest of executing contracts with the successful proposers as timely as
possible, Aviation staff will request the following documents from the top 3
responsive and responsible proposers prior to City Council approval of the
contract awards:
•
•
•
•
•
Franchisee and Owner/Operator Plan, to become Exhibit C of the contract;
Vehicle Maintenance Plan, to become Exhibit D of the contract;
Customer Service Plan, to become Exhibit E of the contract;
Drivers Conduct Plan, to become Exhibit F of the contract;
Training Program, to become Exhibit G of the contract.
Each successful proposer must submit these documents (Exhibits C-G) to the
City prior to City Council award and obtain approval from the City prior to the
execution of a contract.
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CITY OF PHOENIX
Aviation Department
III. SUBMITTAL INSTRUCTIONS
A. Delivery of Proposal
Each proposer must submit 1 original proposal in a sealed package marked with
the proposer’s name and the name of this RFP. Proposals must be submitted by
the deadline listed on page 1 to the address listed on page 1. Proposals
received after the deadline date and time will be rejected as nonresponsive.
B. Form of Proposal
Proposals not following the specified format below or that are incomplete,
conditional, obscure, or contain additions not requested, exceptions to material
provisions, or irregularities of any kind, may be deemed non-responsive and
disqualified from the process.
1. Qualifications and Experience of General Manager [See Section I (A)]
2. Notarized Affidavit (Attachment A)
3. Airport Contracting Policy (Attachment B)
4. Bid Sheet (Attachment C)
5. Data Collection Form (Attachment E)
NOTE: All proposers must meet the Affirmative Action Requirements and
submit the appropriate documentation directly to the Equal Opportunity
Department as set forth in Section V (B) below prior to submitting a bid.
IV. PROPOSAL EVALUATION
Proposals will be reviewed for documentation of minimum qualifications,
completeness, and adherence to the RFP requirements. The City reserves the sole
right to determine the sufficiency of qualifications and experience of all proposers.
Any proposals received from proposers that have not filed the appropriate
Affirmative Action forms prior to the proposal deadline will be deemed nonresponsive and will be rejected.
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CITY OF PHOENIX
Aviation Department
A. Evaluation Criterion
The sole evaluation criterion for this business opportunity is:
1. Proposed Annual Permit Fee per vehicle, as listed on Attachment C
B. Fleet Allocation to Successful Proposers
The 3 responsive proposers with the highest proposed annual permit fees per
vehicle shall be recommended as the successful proposers for this RFP. In the
event of a bid amount tie, a lottery, by a drawing of the names of the proposers
with the same proposed annual permit fee amounts, will determine the
successful proposer(s). Allotment of the 180 vehicle slots will be as follows.
Step One: Each of the top 3 successful proposers will be required to provide 20
vehicles.
Step Two: Each of the top 3 successful proposers will be given the opportunity
to provide additional vehicles based on the percentage each
successful proposer’s proposed annual permit fee represents of the
total dollar amount proposed by the top 3 successful proposers. For
example:
Proposer
Proposer 1
Proposer 2
Proposer 3
Total
Proposed
% of Total
Annual Permit
Dollars
Fee Amount
Proposed
$5.00
50%
$3.00
30%
$2.00
20%
$10.00
100%
Allotment from Step 1
Base Fleet
Additional Vehicles
Proposer may
Provide
60
36
24
120
60
180
Note: The proposed annual permit fees in the example above are listed only
for the purpose of describing the process by which the City will determine
how many vehicles each success proposer may provide. These amounts
should not be interpreted as a guideline for proposers to determine their
proposed annual permit fees. The minimum proposed annual permit fee
for this business opportunity is $3,000 per vehicle.
Should a proposer decline to accept all the additional vehicle slots available to it,
the declined vehicle slots will be offered to the proposer with the highest bid.
Should that proposer not accept all the declined vehicle slots, those slots will
then be offered to the proposer with the next highest bid. If necessary, the City
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CITY OF PHOENIX
Aviation Department
reserves the right to award any vehicle slots declined by the top 3 proposers to
an additional proposer or additional proposers to achieve the base fleet of 180
vehicles.
V. GENERAL TERMS AND CONDITIONS OF THE PROPOSAL
A. Airport Contracting Policy
During the entire length of this RFP process, from issuance until contract award,
all proposers, and their representatives, will refrain, under penalty of the
proposer's disqualification, from direct or indirect contact, for the purpose of
influencing the selection or creating bias in the selection process, with any
person who may play a part in the selection process. See complete policy in
Attachment B.
B. Affirmative Action Ordinance
Pursuant to Phoenix City Code, Chapter 18, Article V, Affirmative Action
Requirements Forms must be completed accurately and be on file with the City’s
Equal Opportunity Department (EOD) prior to the proposal deadline. Any
proposal received from a proposer that has not filed the appropriate
Affirmative Action Requirements Forms by the proposal deadline will be
rejected. Forms are available at www.phoenix.gov/avirfp.
C. Equal Opportunity
The City extends to each individual and firm an equal economic opportunity to
compete for City business and strongly encourages voluntary utilization of
minority-owned, woman-owned, small and disadvantaged businesses
(M/W/S/DBEs) to reflect both the industry and community ethnic composition
whenever practical. Proposers are encouraged to contact EOD at 602-262-6790
or http://www.phoenix.gov/CERTIFY/ for assistance identifying M/W/S/DBEs.
D. Materials Submitted
All materials submitted in response to this RFP become the property of the City.
Each proposer, as an express condition for the City's consideration of such
proposal, waives any right to access such proposals until 30 days after City
Council awards the agreement. No submission or supporting documentation will
be returned to proposers except rejected or non-responsive proposals.
Proposers should note that the City is subject to the disclosure requirements of
Arizona’s public records law.
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CITY OF PHOENIX
Aviation Department
E. City’s Reservation of Rights
The City reserves the right to take any course of action the City deems
appropriate at the City's sole and absolute discretion, which may include:
1.
2.
3.
4.
5.
waiving any defects or informalities in any proposal or proposing procedure;
accepting or rejecting any or all proposals or any part of any or all proposals;
canceling the RFP in part or in its entirety;
reissuing the RFP with or without modification;
negotiating any or all proposal elements with entities of its choice or
negotiating with any qualified sources; or
6. any other option deemed to be in the City's best interest.
F. City's Right to Disqualify for Conflict of Interest
City reserves the right to disqualify any proposer on the basis of any real or
apparent conflict of interest that is disclosed by the proposal submitted or any
other data available to the City.
The successful proposers’ employees may not be involved with any other
Aviation-related business during the term of the agreement resulting from this
RFP as an employee, owner, partner, consultant, etc., which may perpetuate a
real or apparent conflict of interest.
All determinations regarding potential conflicts of interest shall be made in the
sole discretion of the Aviation Director, whose decision shall be final.
Any proposer submitting a proposal herein waives any right to object before any
body or agency, including but not limited to, the Phoenix City Council, or any
court, to the City’s exercise of this right, now or at any future time.
G. Proposer Incurred Costs
The proposer shall be responsible for all costs incurred in preparing or
responding to this RFP, including costs associated with the preparation of any
plans. The City shall not be responsible for any costs associated with this
proposal submission or process.
H. Right to Investigate
In addition to the references and any information submitted with the proposal, the
City may obtain information on past performance.
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CITY OF PHOENIX
Aviation Department
The City's determination as to whether the proposer is qualified and responsible
will be based on the information furnished by the proposer and other sources
determined to be valid by the City. Award will not be made until such
investigations, which each proposer agrees to permit by submitting its proposal,
are made by the City.
I. Proposer Certification
By submission of a proposal, each proposer certifies it has not paid or agreed to
pay any fee or commission, or any other item of value contingent on the award of
a contract to any employee, official or current contracting consultant of the City.
Any proposer that is unable to comply with any required certifications may be
disqualified.
J. Execution of Contract
Each successful proposer shall be responsible for all contractual provisions listed
in Attachment D. Within 30 days of notice from the City that the contract has
been finalized, each successful proposer shall fully execute and deliver such
contract, the performance guarantee, and any appropriate fees. Should a
successful proposer fail to deliver the contract, performance guarantee, and the
appropriate fees within 30 days, the award may be canceled by the City. In the
event a successful proposer defaults, or refuses or fails to timely execute the
formal contract or provide required documents, the City shall consider award to
the next highest qualified proposer who is ready and willing to provide service.
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CITY OF PHOENIX
Aviation Department
ATTACHMENT A
Affidavit
Assurances
The undersigned proposer hereby submits to the City of Phoenix (City) the enclosed proposal
based upon all terms and conditions set forth in the City’s RFP and referenced materials. Proposer
further specifically agrees hereby to provide services in the manner set forth in the proposal
submitted by proposer.
The undersigned proposer acknowledges and states, under penalty of perjury, as follows:
1.
The City is relying on proposer’s submitted information and the representation that proposer
has the capability to successfully undertake and complete the responsibilities and obligations
submitted in its proposal and in the resulting contract.
2.
The City has the right to make any further inquiry it deems appropriate to substantiate or
supplement information supplied by proposer.
3.
Proposer has read and fully understands all the provisions and conditions set forth in the RFP
documents, upon which its proposal is based.
4.
The forms and information requested in the RFP are complete and made part of proposer’s
proposal. The City is not responsible for any proposer errors or omissions.
5.
This proposal may be withdrawn by requesting such withdrawal in writing at any time prior to
the proposal deadline but may not be withdrawn after such date and time.
6.
The City reserves the right to reject any and all proposals and to accept the proposal that, in
its judgment, will provide the best quality of service to the City at reasonable rates.
7.
This proposal is valid for a minimum of 120 days subsequent to the RFP proposal deadline.
8.
All costs incurred by proposer in connection with this proposal shall be borne solely by
proposer. Under no circumstances shall the City be responsible for any costs associated with
proposer’s proposal or the RFP process.
9.
Proposer has not in any manner, directly or indirectly, conspired with any person or party to
unfairly compete or compromise the competitive nature of the RFP process.
10.
The contents of this proposal have not been communicated by the undersigned nor by any
employee or agent to any other person engaged in this type of business prior to the official
opening of this proposal.
11.
To the best of the proposer’s knowledge, the information provided in its proposal is true and
correct and neither the undersigned proposer nor any partner, corporate officer or managing
employee have ever been convicted of a felony or a crime involving moral turpitude.
Attachment A-1
CITY OF PHOENIX
Aviation Department
Legal Status
1. In the past 7 years, have you personally, or any business with which you have been involved,
been declared bankrupt, filed a petition in any bankruptcy court, filed for protection from
creditors in bankruptcy court, or had involuntary proceedings filed in bankruptcy court? If "Yes,"
provide date, court jurisdiction, case name, case number, amount of liabilities, amount of assets
and the status of each occurrence.
Yes ( )
No ( )
2. Have you personally, or any business with which you have been involved, ever been a defaulter
as surety upon any obligation to the City? If "Yes," provide details.
Yes ( )
No ( )
3. Are there any pending liens, claims or litigation in excess of $1,000,000 involving proposer? If
"Yes," provide detailed information regarding complaints about how the quality of proposer’s
services was unsatisfactory.
Yes ( )
No ( )
4. Has the proposer been involved in any lawsuits in the past 5 years? If "Yes," provide list.
Yes ( )
No ( )
5. Have any of the proposer’s consulting contracts been terminated prior to their expiration terms,
voluntarily or involuntarily, within the last 5 years? If "Yes," provide name, location, and date of
the contract(s).
Yes ( )
No ( )
6. Has the proposer, or any corporation or other entity that has, directly or indirectly, a controlling
interest in the proposer, or any subsidiary of the proposer or other entity in which the proposer
has a controlling interest or any of the proposer’s principals, officers, or directors ever been
barred from bidding on federal, state, or local government contracts? If "Yes," provide the
current status of such suspension or debarment proceedings.
Yes ( )
No ( )
7. Proposer intends to operate the business as a (check one):
Corporation
Joint Venture
Limited Liability Company
(
(
(
)
)
)
Partnership
Sole Proprietorship
(
(
)
)
References
Proposer shall furnish the names and contact information for 3 clients for whom the proposer is
furnishing or has furnished services similar to those described in this RFP.
1. Company and Reference Name:
Address:
Telephone/Fax/E-Mail:
Address:
Attachment A-2
CITY OF PHOENIX
Aviation Department
Address:
Affirmative Action
Affirmative Action Compliance Expiration Date:
Signature(s)
Name of Proposer (Legal Name):
Printed
Name
__________________________________________
of
Authorized
Person*:
__________________________________________________
Title:_________________________________________________________________________
Business Address of Proposer:
____________________________________________
Telephone/Fax/E-Mail:__________________________________________________
Signature of Authorized Person: ___________________________________ ______________
*Proposal must be signed by an individual authorized to contractually bind the proposer.
Name of Joint Venture and/or
Subconsultant Partner (if applicable): ______________________________________________
Printed Name of Authorized Person:__________________________________________________
Business Address:______________________________________________________________
Telephone/Fax/E-mail: ___________________________________________________
Signature of Authorized Person:___________________________________________________
NOTARIZED
Signed and sworn before me this _________, day of __________________________, _______.
Notary Signature:_______________________________________________________________
My Commission Expires:_________________________________________________________
Affix Seal
Attachment A-3
CITY OF PHOENIX
Aviation Department
ATTACHMENT B
Airport Contracting Policy Certification
A. GENERAL AIRPORT CONTRACTING POLICY
Beginning on the date the RFP is issued, and except as provided in the following subsections,
all proposers, including proposers' agents, employees, representatives, lobbyists, attorneys,
proposed partner(s), subcontractor(s), joint venturer(s), member(s), M/W/DBE, and sublease
partner(s) (collectively the "proposer") will refrain, under penalty of the proposer’s
disqualification, from direct or indirect contact for the purpose of influencing the selection or
creating bias in the selection process with any person who may play a part in the selection
process, including the evaluation panel, the City Manager, Assistant City Manager, Deputy City
Managers, Department heads and the Phoenix Aviation Advisory Board (PAAB). This policy is
intended to create a level playing field for all potential proposers, assure that contract decisions
are made in public, and to protect the integrity of the proposal process.
This policy is not intended to preclude proposers from giving public comments at a regularly
scheduled meeting of the Phoenix Aviation Advisory Board or one of its subcommittees.
Regular business discussions between current business partners or civic groups and the
Aviation Director, Assistant Aviation Directors, and/or any Deputy Aviation Director will not be
construed as a violation of this policy as long as a specific proposal is not discussed.
B. CONTACT WITH PHOENIX CITY COUNCIL
This policy is not meant to preclude proposers from discussing their proposals with one or
more members of the Phoenix City Council, provided such meetings are scheduled through the
Phoenix City Clerk’s office, conducted in person at 200 West Washington, and are posted as
open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled
meeting. The Clerk’s posting shall include and detail the participants, the subject matter and
shall invite the public and press to participate. No contacts made by telephone, other than to
schedule a public meeting, are permitted, and copies of contacts made via letter, FAX, E-mail
or other written method shall be made available to the public, press, and all proposers.
C. CERTIFICATION
All proposers and proposers' partners(s), subcontractor(s), if applicable, shall execute and
submit the Airport Contracting Policy Certification.
D. THE PRE-PROPOSAL MEETING
Potential proposers should attend the pre-proposal information meeting to obtain clarification
and explanation of the items included in the RFP. Questions submitted in writing at the preproposal meeting shall be responded to in writing and distributed to all proposers who attended
the pre-proposal meeting.
Interested proposers who do not attend the pre-proposal meeting will not receive
notification of availability of any supplemental materials, responses to written
Attachment B-1
CITY OF PHOENIX
Aviation Department
questions, or addenda unless specifically requested in writing.
E.
QUESTIONS
If interested proposers need further information or clarification of the RFP, requests shall be in
writing and staff shall notify all registered pre-proposal meeting attendees when written
answers are available on the website. To adequately respond in writing to questions
submitted, no questions will be accepted after the deadline date and time listed on page
1 of the RFP. All questions should be sent to Gretchen Wolfe by fax (602-273-8809) or by email ([email protected]).
F.
APPEAL OF DISQUALIFICATION TO AVIATION DIRECTOR
A violation of the Airport Contracting Policy, or any other grounds for disqualification will be
initially determined by the Assistant Aviation Director for Business Opportunities. Protest of a
disqualification from the RFP process due to submitting a proposal deemed to be nonresponsive, a violation of this policy, or for any other grounds, must be submitted within seven
(7) calendar days after the Notice of Disqualification has been delivered to the proposer.
Protests shall be in writing and filed with the Aviation Director and must include all of the
following:
•
•
•
•
•
The name, address and telephone number of the protester;
The signature of the protester or its representative;
Identification of the RFP challenged;
A detailed statement of the legal and factual grounds of protest including copies of
relevant documents; and,
The form of relief requested.
The Aviation Director, or his/her designee, may submit the information to anyone necessary in
order to receive their comments and may choose to meet with proposer(s) at his/her discretion.
The decision of the Aviation Director, or his/her designee, is final. As a condition to this right to
appeal, the Proposer agrees to comply with paragraphs "A" and "B" of this Policy.
G. REQUEST FOR REVIEW OF AWARD RECOMMENDATION
Protest of an award recommendation must be filed within seven (7) calendar days after an
award recommendation is posted on the website. Protests shall be in writing and filed with the
Aviation Director and must include all of the following:
•
•
•
•
•
The name, address and telephone number of the protester;
The signature of the protester or its representative;
Identification of the RFP challenged;
A detailed statement of the legal and factual grounds of protest including copies of
relevant documents; and,
The form of relief requested.
The Aviation Director, or his/her designee, may submit the information to anyone necessary in
order to receive their comments and may choose to meet with proposer(s) at his/her discretion.
Attachment B-2
CITY OF PHOENIX
Aviation Department
The decision of the Aviation Director, or his/her designee, is final. As a condition to this right to
protest, the proposer agrees to comply with paragraphs "A" and "B" of this Policy.
H. PROCEDURAL QUESTIONS
If a proposer has a procedural question with regard to this Airport Contracting Policy, the
question shall be directed to the staff that is managing the project.
All proposers and proposers’ partner(s), subcontractor(s), joint venturer(s), member(s),
M/W/DBE partner(s), if applicable, shall execute and submit an Airport Contracting
Policy Certification as part of your proposal.
Please list the proposers’ partner(s), subcontractor(s), joint venturer(s), member(s),
M/W/DBE’s partner(s) below and ensure that a copy of the Airport Contracting Policy
Certification has been executed and submitted for each of them as part of your
proposal, or write “none” if applicable.
Proposer hereby acknowledges that the foregoing Airport Contracting Policy is understood
and that the proposer will abide by it. As of the date of this RFP is issued, the Airport
Contracting Policy is in effect.
Proposer Signature
Proposer Name
(please print)
Date
List of Proposer’s Partner(s), Subcontractor(s), Joint Venturer(s), Member(s), and
M/W/DBE’s partner(s)
Signature of Partner(s),
Company Name
Subcontractor(s),
Joint Venturer(s),
(Write “None” if
Contact Name
Member(s), and M/W/DBE’s partner(s)
applicable)
Rev. 9/07
Attachment B-3
CITY OF PHOENIX
AVIATION DEPARTMENT
ATTACHMENT C
Bid Sheet
(Proposed Annual Permit Fee/Vehicle)
________________________________ (name of proposer) proposes an annual permit fee
of $ _______________ (not less than $3,000) per vehicle per year of the contract.
Maximum number of vehicles proposer is willing to provide at the proposed per vehicle fee
listed above: ______ (no fewer than 20 vehicles).
Proposer:
______________________________
Authorized Signature:
_______________________________
Typed Name:
_______________________________
Typed Title:
______________________________
Attachment C-1
AIRPORT TAXICAB SERVICES CONTRACT
BETWEEN
THE CITY OF PHOENIX
AND
__________________
CONTRACT NO. ___________
This CONTRACT is made and entered into this ________ day of _________, 2009, by and
between the City of Phoenix, Arizona, a municipal corporation of the State of Arizona
(hereinafter referred to as "City") and _____________________, (hereinafter referred to as
"Contractor").
RECITALS
1.
The City Manager of the City of Phoenix, Arizona, is authorized by the provisions of
the City Charter to execute contracts.
2.
The City desires to obtain taxicab services at Phoenix Sky Harbor International Airport
(PHX), as specifically set forth in this Contract.
3.
The City has solicited proposals for taxicab services at PHX.
4.
Contractor possesses the skills and expertise necessary to provide such services as
desired by the City.
5.
This Contract is authorized by Formal Action of the City Council dated ___________.
NOW, THEREFORE, it is agreed by and between the parties as follows:
1. TERM OF CONTRACT
This Contract shall commence on____________, and the term shall be for five (5)
years, with two (2) one-year options, to be exercised at the sole discretion of the
Aviation Director.
This Contract shall terminate upon the earliest occurrence of any of the following:
1) Reaching the end of the term and any extensions exercised as set forth in this
Section; or
2) Termination, pursuant to the provisions of this Contract.
Attachment D-1
2. FEES PAYABLE TO THE CITY
A. Annual Permit Fee
Contractor shall pay the City a non-refundable annual fee of $______ per vehicle to
be paid in advance on an annual or quarterly basis, at the discretion of the Aviation
Director. Any vehicle placed in service for less than a full calendar quarter shall be
assessed a portion of the fee retroactive to the first day of the month in which the
vehicle was placed in service. Payments shall be made in person at the PHX
Ground Transportation Office. All applicable fees must be paid prior to Contractor
placing a vehicle in service.
Contractor’s refusal or failure to pay the applicable fee for any vehicle, including any
delinquent account fees, shall be considered a breach of this Contract and subject
Contractor’s privileges hereunder to immediate suspension and/or termination.
B. Trip Fees
Contractor shall pay a trip fee for each trip initiated from PHX in an amount set by
Phoenix City Code. The City shall invoice Contractor monthly for actual trip fees,
which Contractor shall pay in full within thirty (30) days of the invoice date. All sums
unpaid after thirty (30) days shall be subject to a delinquent account fee in an
amount set by Phoenix City Code. Contractor’s refusal or failure to pay the
applicable trip fee, including any delinquent account fees, shall be considered a
breach of this Contract and subject Contractor’s privileges hereunder to immediate
suspension and/or termination.
C. Automated Vehicle Identification and Tracking System (AVITS) Fees
AVITS provides automated tracking of equipped vehicles entering and exiting PHX
and the amount of time each vehicle spends at PHX. At Contractor’s expense, the
City will install one (1) AVITS transponder in each of the Contractor’s permitted
vehicles providing services under this Contract, including any vehicles used by
Contractor’s supervisors and/or general manager. Contractor shall pay for each
installed transponder at the time of installation as well as for any repairs or
replacements at a cost set by Phoenix City Code. Each transponder is registered to
a specific vehicle and is not interchangeable or transferable.
D. Criminal History Records Check (CHRC) Fees
All drivers under this Contract are required to maintain a valid driver’s identification
card. For the purposes of this Contract, “driver” shall mean any franchisee,
owner/operator, employee, agent, or subcontractor providing taxicab service on
behalf of the Contractor with which the City has contracted.
Contractor is responsible for the CHRC fees associated with obtaining driver
Attachment D-2
identification cards for its drivers.
3. PERFORMANCE GUARANTEE
A. Prior to commencement of services, Contractor shall provide and maintain during
the term of this Contract a performance bond or letter of credit (LOC) to guarantee
the full and faithful performance by Contractor of all the terms and conditions of this
Contract and stand as security for payment by Contractor of all claims by the City.
Contractor’s failure to provide a performance bond or LOC as prescribed in this
Section shall be a material breach of this Contract. The required amount of the
performance bond or LOC for this Contract is Ten Thousand Dollars ($10,000).
B. If the guarantee is in the form of a bond, it shall be issued in a form that is
satisfactory to the City and must be issued by a surety company authorized to write
surety business in Arizona. The surety company providing the performance bond
must have an A.M. Best Rating of B+ VI or better for the past four (4) quarters.
C. If the guarantee is in the form of an LOC, it shall be issued by a local financial
institution in the Phoenix metropolitan area, in a form that is satisfactory to the City,
and the City must be able to draw upon the LOC at any of the financial institution’s
counters in the Phoenix metropolitan area. If an LOC is obtained, then unless the
City receives a written extension of that LOC, in a form acceptable to the City, at
least thirty (30) days before the end of the term of such LOC, the City, without notice
to Contractor, may draw upon the full amount of the LOC and retain all proceeds as
a cash security pursuant to this Section. The City shall not pay interest to
Contractor on any bond or LOC. See Exhibit K attached hereto for the City’s
required LOC form.
4. SCOPE OF WORK
The City grants Contractor the non-exclusive right to provide taxicab service, which
includes the right of a driver to park in a designated area and be dispatched to PHX
terminals and to transport passengers over the private entrance and exit roadways from
PHX to the passengers’ destinations within the service area described in Exhibit A.
Contractor must provide service to the entire service area twenty-four (24) hours a day,
seven (7) days a week.
Contractor is responsible for limiting passenger wait times to less than five (5) minutes
when less than eighty-five percent (85%) of its fleet is in use at PHX.
Contractor shall not engage in any business, activity, or operation at PHX other than
that permitted by this Contract without the prior written consent of the Aviation Director
or Aviation Department Representative (ADR).
For the purposes of this Contract, “franchisee” and “owner/operator” shall mean any
person or entity with whom the Contractor has a contractual relationship for taxicab
Attachment D-3
services to be provided under this Contract. Franchisee means the legal entity granted
(for a periodic fee or share of profits) the right to operate a business and operate
taxicab services at PHX under the Contractor’s name. Owner/Operator means the legal
entity that has legal title to the vehicle and operates its taxicab services at PHX under
an agreement with the Contractor.
The City shall have no contractual relationship with any franchisee or owner/operator.
All drivers and authorized signers providing services under this Contract are required to
undergo a Security Threat Assessment. An authorized signer is a successful
proposer’s representative charged with authorizing driver applications and background
checks.
5. PASSENGER TRANSACTIONS
A. Fares
Drivers providing service under this Contract shall charge fares at rates equal to or
less than maximum meter rates established by Phoenix City Code, as may be
amended, and shall furnish receipts upon passenger requests.
Drivers shall not allow non-paying passenger to ride in the vehicle with the
exceptions of supervisors and City officials for purposes of inspection and/or
training.
B. Credit Cards
Each vehicle providing services under this Contract shall have electronic credit card
transaction equipment to accept credit card transactions as payment for fares.
Contractor, and its franchisees and owner/operators shall not charge passengers
any fees associated with processing credit card payments. Contractor shall accept
credit cards from the following issuers: ___________________________________
and post window decals for these credit cards.
The Contractor or the franchisee or owner/operator providing the taxicab service
must process its own credit card transactions. Credit card accounts shall not be
sold for processing without prior written approval from the ADR. Contractor is
responsible for compliance with Payment Card Industry Data Security Standards for
all credit card transactions conducted for services provided under this Contract.
6. FLEET
A. Contract Base Fleet
The City anticipates maintaining a base fleet of 180. As determined by the
Contractor’s bid, Contractor shall initiate service with a base fleet of ____ vehicles,
of which at least:
Attachment D-4
1) Ten percent (10%), ______ vehicles, must be ADA compliant and wheelchair
accessible vehicles for the term of the Contract; and
2) Franchisees or owner/operators must operate at least fifteen percent (15%) of
the base fleet, ____ vehicles, Contract’s total fleet, for the term of the Contract.
Upon Contract commencement, Contractor has provided a list of the franchisee or
owner/operator vehicles operating in the Interim Fleet. No less than quarterly, and
when Contractor’s Permanent Fleet initiates service, Contractor shall update list.
This list shall include the driver’s name, the Vehicle Identification Number (VIN), and
the name under which the vehicle is registered.
The ADR, at his or her sole discretion, reserves the right to adjust the base fleet size
as may be necessary to meet passenger demand. Increases or decreases in the
base fleet size may be made from Contractor’s originally awarded contract, or if
necessary, the Aviation Director may negotiate additional taxicab service contracts.
If the Contractor is unable to meet its Base Fleet size obligation, the Aviation
Director may negotiate with the other Contractors, or additional Contractors to
provide taxicab service at PHX.
B. Interim Fleet
Contractor may use a City-approved interim fleet of vehicles, no older than six (6)
years, that meets all vehicle safety standards as set forth in applicable federal, state,
and local laws.
Contractor shall remove this interim fleet from service within six (6) months of
Contract commencement or upon delivery of the vehicles, whichever occurs first.
Failure to place the new vehicles in service within six (6) months of Contract
commencement shall be considered a breach of this Contract and subject
Contractor’s privileges hereunder to immediate suspension and/or termination and
forfeiture of the Contractor’s performance guarantee.
City grants Contractor the right to operate at PHX the interim fleet identified and
described in Exhibit B. Any temporary/permanent replacement/substitute vehicle,
or seasonal adjustments to the fleet, must be of like kind and quality. Contractor
shall provide proof of ownership or lease interest for any substitution or replacement
vehicles.
C. Permanent Fleet
Contractor shall provide to the ADR, within forty-five (45) days of Contract award, a
contract, purchase order, bill of sale, vehicle purchase agreement, or merchandise
bill of sale for the minimum fleet of vehicles meeting the requirements set forth
below. Within six (6) months of signing this Contract, Contractor shall initiate service
Attachment D-5
with the vehicles meeting the requirements set forth below and this fleet will be
identified in Exhibit B.
D. Fleet Specifications
All new or replacement vehicles providing taxicab service under this Contract shall
be:
1)
Model year 2009 or newer, and not older than seven (7) years at any time
during the term of this Contract.
2)
Large-size or mid-size vehicles as determined by 40 CFR § 600.315-82,
Classes of Comparable Automobiles.
3)
a.
Vehicles must have a designated minimum seating capacity of four (4)
passengers, not including the driver, with separate cargo space.
b.
Vehicles must have usable cargo space greater than or equal to 15 cubic
feet.
c.
ADA compliant and wheelchair accessible vehicles shall have a minimum
of four (4) doors for passenger, including the driver, ingress and egress,
and a designated minimum seating capacity of four (4) passengers,
including one (1) forward facing wheelchair position with securement.
In compliance with the Alternative Fuel Requirements listed in Section 6 (F)
and the Taximeter requirements listed in Section 6 (G).
Additionally, these vehicles shall:
4)
Have less than 2,000 miles at start of providing service.
5)
Display the proper decals reflecting authorization to operate as a taxi in the
State.
6)
Have a permanently installed illuminated sign mounted on the vehicle’s roof
displaying the word “TAXI,” “CAB,” or other equivalent expression generally
accepted by the public as indicating the vehicle is for hire, in accordance with
specifications authorized and promulgated by the City.
7)
Permanently display “First mile and each additional mile” fares, the traffic delay
charge per hour, the minimum fare, and the airport surcharge on the exterior
and in the interior of the vehicle in accordance with City regulations. Rate
signs shall be displayed on the exterior door panel. Rate displays on the door
glass are prohibited. No other fares shall be displayed on the exterior and/or
interior of the vehicle.
Attachment D-6
8)
Display prominently on the vehicle dashboard the driver’s Aviation-issued
Driver Identification Card and a contact number for the Contractor.
9)
Include comment cards within the passenger compartment.
10) Each vehicle shall be equipped with a Federal Communications Commission
licensed radio receiver/transmitter (mobile station) or other radio
frequency/computer assisted dispatch (RF/CAD) system. Said service shall be
operational on a twenty-four (24) hour basis and in compliance with federal,
state, and local laws.
11) Have a properly installed and maintained air-conditioning system to provide
sufficient passenger comfort at all times. Air conditioners shall be operable at
all times when temperatures reach 85 degrees Fahrenheit or upon passenger
request. Heaters shall be operable upon passenger request and shall
sufficiently heat the interior of the vehicles.
12) Be structurally sound and maintained in accordance with A.R.S. Title 28.
Contractor must present any damaged vehicle to the City for inspection
immediately and repair the vehicle by the date specified on the repair notice
issued by the City.
13) Be free of any exterior sheet metal damage; maintained in a damage-free and
clean condition; free of oxidation or rust of paint; clean from road dust, mud,
and grime. Wheel covers shall be mounted on all wheels at all times.
14) Have vehicle interiors and exteriors in clean condition, free from foreign matter
and offensive odors. There shall be no litter in the vehicles or trunks and the
upholstery shall be kept clean, intact, and free of rips and tears.
15) Comply with the Smoke Free Arizona Act as set forth in Arizona Revised
Statute, Sections 36-601.01, et. seq.
16) Be marked with the identification of the Contractor. Contractor shall submit to
the City a description (either photographic or otherwise) adequate to identify
the color scheme and markings common to Contractor’s vehicles and
distinguish them visually from other taxi service vehicles at PHX.
E. Operations Plans
Contractor shall adhere to its City-approved:
1)
2)
3)
4)
Vehicle Maintenance Plan, attached as Exhibit D.
Customer Service Plan, attached as Exhibit E;
Driver Conduct Plan attached as Exhibit F; and
Training Plan attached as Exhibit G.
Attachment D-7
F. Alternative Fuel Requirements
Unless otherwise approved by the Aviation Director, only vehicles meeting the
following Alternative Fuel Requirements may operate at PHX.
1)
Meet emission class of Tier 2 Bin 5 or lower; and
2)
Reduce greenhouse gas “well to wheel” emissions by 15% or greater, as
calculated from the US Department of Energy Greenhouse Gases, Regulated
Emissions, and Energy Use in Transportation (GREET) model for the specific
vehicle and fuel type; and
3)
Reduce use of oil by 60% or greater (calculated from a baseline of similar size
and performance gasoline vehicles).
G. Taximeters
Taximeters must:
1) Comply with the current taximeter section as defined by the Arizona
Department of Weights and Measures (AZDWM) and Phoenix City Code; and
2) Display the fare, including trip fees.
The distance for which a taximeter is adjusted shall be displayed inside the vehicle
as directed by the ADR.
Whenever a taximeter has been damaged, or repairs that might affect the accuracy
of its indications have been made, or any of the official security seals have been
mutilated, such device shall not thereafter be used until it has been officially
examined, re-approved and resealed by AZDWM. Neither the Contractor nor the
driver tamper with the taximeter or any seal cable connection or part thereof or
make any change in the vehicle’s mechanism or its tires that would affect the
operation of the taximeter. Additionally, the Contractor shall not allow a vehicle to
operate under this Contract unless all taximeter seals (State and City) and cable
housing seals are in good condition.
Phoenix City Council may amend the established fare rates for taxicab services
during the term of this Contract. Taximeters must be adjusted to comply with the
new fare rate when the new rate becomes effective.
H. Inspection of Vehicles
Contractor is responsible for complying with Aviation’s Quarterly Inspection process
and for making vehicles providing services under this Contract available to the City
for inspection upon forty-eight (48) hours’ written notice. Failure to make any
Attachment D-8
vehicle available for noticed inspection without good cause or failure of any vehicle
to pass inspection, in the sole determination of the City, may result in a breach of
this Contract by Contractor, except that Contractor shall have a reasonable time to
make repairs.
7. STAFF
A. General Manager
Contractor’s General Manager (GM) shall:
1)
Serve as Contractor’s primary contact for City staff;
2)
Be responsible for Contractor’s compliance with all contractual obligations;
3)
Attend all Notice of Violation (NOV) hearings;
4)
Be available during regular business hours (local Phoenix time); and
5)
Respond to City inquiries within twenty-four (24) business hours.
Accidents, labor issues, and other critical issues shall receive an immediate
response from the GM regardless of the time or day such an event occurs.
B. Supervisors
Contractor must have at least one (1) non-driver supervisor on-duty twenty-four (24)
hours per day, seven (7) days per week including holidays.
Supervisors shall be responsible for the daily activities of all drivers operating under
this Contract. Supervisors shall provide continuous daily monitoring of all drivers
and ensure driver compliance with all PHX rules, regulations, and procedures.
Supervisors shall work cooperatively with City staff to assure service quality, provide
operational data, respond to comments from passengers and the public, and
respond to specific requests for other assistance as needed.
Supervisors shall be liaisons between City and the drivers.
Supervisor duties include but are not limited to the following:
1)
Responding to any request by Aviation staff within 10 minutes;
2)
Driving dedicated supervisory vehicles with AVI tags and appropriate fees paid
by the company;
Ensuring unauthorized items such as furniture/appliances are not brought into
3)
Attachment D-9
the Hold Lot/Ground Transportation Center by drivers or if so, are removed
immediately;
4)
Ensuring vehicles are compliant with Federal Motor Carrier Safety Standards at
all times;
5)
Visually assessing the availability of taxicabs, once per hour, to meet Contract
requirements and passenger demand;
6)
Responding to terminal curbs, within 10 minutes, to resolve concerns and
disputes;
7)
Reporting immediately to Aviation staff any damage to or cleaning issues in the
Ground Transportation Center restrooms, staging areas, covered patio, and
community room; and
8)
Ensuring driver compliance with:
(a) State smoking regulations in the vicinity of the Ground Transportation
Center;
(b) Established dispatching procedures
(c) Responding to the curbs appropriately when dispatched;
(d) The Customer Service Plan in Exhibit E; and
(e) All applicable rules and regulations.
8. FRANCHISEE AND OWNER/OPERATOR PLAN
Contractor shall be required to obtain Franchisee and Owner/Operator participation in
accordance with its plan (Exhibit C). Contractor may be deemed in violation of its
Contract if it does not maintain the minimum number of franchisee and/or
owner/operator participation as set forth in Section 6 (A) above.
9. DRIVERS
Contractor shall be directly responsible for the conduct of all drivers operating under this
Contract, notwithstanding the legal relationship entered into by and between Contractor
and the driver.
Any breach of the terms and conditions of this Contract shall be construed as a material
breach of this Contract by Contractor and subject the Contract to termination in whole or
in part with cause. It is the expressed intent of the parties hereto that the status of any
driver shall not act as any bar, defense or in any matter absolve Contractor from direct
responsibility for the conduct of the driver.
Contractor shall remove any driver from PHX upon a determination the individual has
been assigned a duty for which he or she is not qualified for either suitability or security
Attachment D-10
reasons, or is found to be unfit for the performance of duties. The ADR may request the
removal of any driver determined to be in non-compliance with the qualifications for
PHX.
Contractor shall bear full financial responsibility for costs when
removal/replacement is necessary as determined by the City.
A. Driver Identification Cards
Prior to operating any vehicle providing service under this Contract, each driver must
undergo the City’s Aviation Department’s (Aviation’s) security badging process as
described in Aviation’s rules and regulations and must be approved for an airportissued Security Credential and Driver Identification Card in accordance with Title 49
- Code of Federal Regulations (CFR), Part 1542, Subpart D, as well as Phoenix City
Code.
Contractor is responsible to ensure all drivers are compliant with the security
badging process and Driver Identification Card requirements during the term of the
Contract.
B. Qualifications
Contractor shall provide the City with proof it has verified the qualifications for each
driver as set forth in Phoenix City Code and below:
1. Drivers must be at least nineteen (19) years of age;
2. Drivers must be subject to Contractor’s alcohol and substance abuse screening
program;
3. Drivers must have successfully completed a defensive driving course approved
by the City within the preceding twenty-four (24) months as well as all training
listed in Exhibit G; and
4. Drivers must have a medical evaluation statement by a licensed physician
certifying the physician has examined the driver and that, in the physician’s
professional opinion, the driver is qualified to operate a commercial vehicle.
Additionally, all drivers must pass a written examination administered by Aviation’s
Operations Division. The written examination is comprised of six (6) sections testing
knowledge of the Phoenix metropolitan area, use of directions (north, south, east,
and west), map reading, fare calculations, PHX rules, and passenger assistance
scenarios.
The City reserves the right to conduct its own customer service, driver training, and
PHX familiarization-training courses for Contractor’s drivers and/or augment driver’s
training with its own training program.
10. RULES AND REGULATIONS, SAFETY STANDARDS
Attachment D-11
The City reserves the right to promulgate such operating rules and regulations as
deemed necessary to maintain a safe, adequate and efficient taxicab service to the
traveling public.
Contractor shall comply with all laws, ordinances and regulations of the United States
government, the State of Arizona (State) and the City and all agencies thereof that may
be applicable to its operations or to the operation, management, maintenance or
administration of PHX now in effect or hereafter promulgated; including those contained
in Phoenix City Code, Article 4, Chapter 4, Commercial Ground Transportation Vehicle
Rules and Regulations and Title 28, Chapter 14 of Arizona Revised Statutes (A.R.S.).
Further, Contractor will display to City any permits, licenses or other evidence of
compliance with such laws upon request.
Contractor shall comply with all vehicle and driver safety standards as provided in
Arizona Revised Statutes (A.R.S.) Title 28, Chapter 14, and any rules or regulations
adopted by the State Motor Vehicle Division and/or the City during the term of this
Contract.
11. AMERICANS WITH DISABILITIES ACT (ADA)
Contractor shall comply with ADA in performing this Contract, and acknowledges and
understands its applicability to this Contract. Contractor agrees to train all employees
and drivers performing under this Contract on ADA requirements
12. ADVERTISING STANDARDS
In accordance with the City’s advertising standards, vehicles providing service under
this Contract may not display advertising copy that:
•
•
•
•
•
•
Is false, misleading or deceptive;
Relates to an illegal activity;
Is explicit sexual material, obscene material, or material harmful to minors as these
items are defined in A.R.S. Title 13, Chapter 35;
Advertises alcohol, tobacco, and/or anti-social behavior;
Includes language that is obscene, vulgar, profane, or scatological; and/or
Relates to instruments, devices, items, products, or paraphernalia designed for use
in connection with “specified sexual activities,” as defined in the City’s Zoning
Ordinance.
Contractor shall comply with any request by the City to remove any advertising the City
deems to be inappropriate.
13. BOOKS, LOGS, PLANS, AND RECORDS
Attachment D-12
Contractor shall maintain adequate books, logs, plans, and records at or in reasonable
proximity to the PHX. Access and/or copies of said books, records, and logs shall be
provided to the ADR upon request.
The City reserves the right, at reasonable times, to audit Contractor's books and
records relative to the performance of service under this Contract.
All reports, copies of requested fuel receipts must be delivered or sent to the PHX
Ground Transportation Office. Monthly reports are due on or before the 10th day of
each month for the previous month. Copies of fuel receipts for dual-fuel vehicles must
be maintained in the company files for audit purposes. All fueling of dual-fuel vehicles
must be reported monthly on the form in Exhibit L.
All records pertaining to this Contract shall be kept on a generally accepted accounting
basis for a period of three (3) years following termination of the Contract.
14. AIRPORT PROPERTY
In accordance with Phoenix City Code, Contractor shall, at Contractor’s own expense,
be fully responsible for all damages to PHX property, including the Ground
Transportation Center restrooms, caused by its drivers, in the performance of this
Contract. If Contractor fails to reimburse the City for damage caused to PHX,
Contractor may be refused access to PHX until the City has been fully compensated.
Should the City be required to provide additional janitorial and custodial services to the
Ground Transportation Center, Contractor shall be billed the cost of such at the rate set
from time to time by the City.
Contractor shall not install, remove, or replace any interior equipment or furnishings,
including vending machines, at PHX without prior written approval by the ADR.
15. LIQUIDATED DAMAGES
The City may impose the following liquidated damages on a per observed violation
basis.
1
2
3
4
Allowing passenger wait times to meet or exceed
five (5) minutes when less than 85% of Contractor’s
fleet is in use at PHX
Bringing unauthorized items into the Hold
Lot/Ground Transportation Center
Charging a fare in excess of the established rate
Displaying inappropriate driver conduct (i.e., being
discourteous or rude, arguing, engaging in physical
fighting or loud, boisterous verbal disputes, etc.)
Attachment D-13
$275 per violation
$275 per violation
$275 per violation
$275 per violation
5
6
7
8
9
10
11
12
13
14
15
Failing to accept a credit card payment for fare
Failing to accept a fare within the service area
Failing to comply with dispatch direction and/or
designated migration protocol
Failing to comply with insurance requirements
$275 per violation
$275 per violation
$275 per violation
Failing to provide the fleet size established in this
Contract
Failing to properly display driver identification card
Failing to transport a service animal or comply with
ADA requirements
Failing to immediately notify Aviation staff of damage
to or additional cleaning services needed within the
Hold Lot/Ground Transportation Center
Leaving a vehicle unattended at a terminal curb
staging location
Scooping, hawking or soliciting passengers
Using unauthorized vehicles
$275 per violation
$275 per violation
$275 per violation
$275 per violation
$275 per violation
$275 per violation
$275 per violation
$275 per violation
Contractor agrees all of the violations above shall result in the City incurring damages
that are impractical or impossible to determine. Contractor agrees the above monetary
assessments are reasonable approximations of such damages.
The City will notify Contractor, in writing, of the time, place, and nature of a violation as
well as any facts the City has to substantiate the violation. Contractor shall respond
within ten (10) calendar days of the date the City mailed the violation notice to the
Contractor and the Contractor’s response shall be reviewed by the ADR, who may, in
his or her sole discretion, uphold or reverse the violation. Contractor’s failure to
respond in the time listed above shall be deemed an admission that the violation
occurred.
All sums payable by Contractor under this Section shall be due and payable within thirty
(30) calendar days after the notice of violation was mailed, if no appeal is taken, or after
a written decision upholding the violation has been mailed. All sums unpaid after such
thirty (30) days shall be delinquent and subject to a delinquent account fee in an amount
set by Phoenix City Code. If Contractor refuses to pay the sums due under this
Section, including the delinquent account fee, the Contract may be suspended until
payment is received or the Contract may be terminated for default.
16. MARKETING AND PUBLIC RELATIONS
Contractor may be required by the City to distribute customer notices as well as
cooperate with and participate in marketing, promotion, advertising, public relations, and
public education programs and projects.
Attachment D-14
The City shall be the exclusive public media spokesperson in connection with the taxi
services provided under this Contract. Under no circumstances shall Contractor or its
employees be permitted to distribute any printed or written materials to PHX passengers
without prior written approval from the City.
17. FAILURE TO COMPLY
If any services performed hereunder or equipment provided hereunder are not in
conformity with the requirements of this Contract, in addition to other available
remedies, the City shall have the right to require Contractor to immediately take all
necessary steps to ensure future performance of the services in conformity with the
requirements of the Contract.
18. INDEMNIFICATION OF CITY AGAINST LIABILITY
Contractor shall indemnify, defend, save and hold harmless the City and its officers,
officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including
court costs, attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including death),
or loss or damage to tangible or intangible property caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of Contractor or any of its
owners, officers, directors, agents, employees or subcontractors. This indemnity
includes any claim or amount arising out of or recovered under the Workers’
Compensation Law or arising out of the failure of such Contractor to conform to any
federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by Contractor from and against any and all claims. It is agreed that
Contractor shall be responsible for primary loss investigation, defense, and judgment
costs where this indemnification is applicable. In consideration of the award of this
Contract, Contractor agrees to waive all rights of subrogation against the City, its
officers, officials, agents, and employees for losses arising from the work performed by
Contractor for the City.
19. INSURANCE
Contractor shall procure and maintain insurance in the amounts and form specified in
Exhibit H during the term of this Contract, including the period in which Contractor
operates an Interim Fleet. Contractor shall ensure that it obtains insurance that will
meet the requirements of federal, state and local laws. Failure of Contractor to maintain
insurance during the term of the Contract is a material breach and may result in
immediate termination of this Contract without notice.
Insurance requirements are subject to periodic review and adjustment by the City.
Attachment D-15
20. INDEPENDENT CONTRACTOR STATUS; EMPLOYMENT DISCLAIMER
The parties agree Contractor is providing the services under this Contract on a part-time
and/or temporary basis and that the relationship created by this Contract is that of
employer and independent contractor. Neither Contractor nor any of Contractor's
agents, employees, or helpers shall be deemed to be employees, agents, or servants of
the City. The City is interested in only the results obtained under this Contract, the
manner, means and mode of completing the same are under the sole control of
Contractor.
This Contract is not intended to constitute, create, give rise to, or otherwise recognize a
joint venture, partnership or formal business association or organization of any kind, and
the rights and obligations of the parties shall be only those expressly set forth in this
Contract. The parties agree that no individual performing under this Contract on behalf
of Contractor shall be considered a City employee, and that no rights of City Civil
Service, City retirement or City personnel rules shall accrue to such individual.
Contractor shall have total responsibility for all salaries, wages, bonuses, retirement,
Withholdings, worker’s compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and shall save and hold
harmless the City with respect thereto.
21. CONFIDENTIALITY
All data, including personally identifying information, financial account information, or
other personal information collected, obtained, or transmitted to Contractor in
connection with this Contract shall be protected and secured in accordance with federal,
state and local law. Contractor shall also comply with any City policy that may be
implemented relating to protecting or securing such data. The obligations of Contractor
under this Section shall survive the termination of this Contract.
Contractor agrees the requirements of this Section shall be incorporated into all
subcontracts entered into by Contractor. It is further agreed that a violation of this
Section shall be deemed to cause irreparable harm that justifies injunctive relief in court.
A violation of this Section may result in immediate termination of this Contract without
notice.
22. CONTACTS WITH THIRD PARTIES
Contractor shall not contact third parties to provide any information in connection to the
services provided under this Contract without the prior consent of the City. Should
Contractor be contacted by any person requesting information or requiring testimony
relative to the services provided under this Contract or any other prior or existing
Contract with the City, Contractor shall promptly inform the City and shall not disclose
such information or give such testimony without the consent of the City or court order.
The obligations of Contractor or subcontractor under this Section shall survive the
termination of this Contract. Contractor agrees that the requirements of this Section
Attachment D-16
shall be incorporated into all subcontracts entered into by Contractor. It is further
agreed that a violation of this Section shall be deemed to cause irreparable harm that
justifies injunctive relief in court. A violation of this Section may result in immediate
termination of this Contract without notice.
23. AFFIRMATIVE ACTION REQUIREMENT
To do business with the City, Contractor must comply with Phoenix City Code, 1969,
Chapter 18, Article V, as amended, Affirmative Action Program. Contractor is
responsible for maintaining its eligibility during the term of the Contract and failure to do
so may result in termination of the Contract. Contractor shall direct any questions
concerning the Affirmative Action Program to the Affirmative Action Contract
Compliance Section of the Equal Opportunity Department at 602-262-6790.
24. DBE/MBE/WBE/SBE UTILIZATION
The City extends to each individual, firm, vendor, supplier, contractor, and subcontractor
an equal economic opportunity to compete for City business and strongly encourages
voluntary utilization of disadvantaged and/or minority-owned, woman-owned and small
businesses to reflect both the industry and community ethnic composition. The use of
such businesses is encouraged whenever practical. Contractor shall complete Exhibit
M annually for the City’s records.
25. COMPLIANCE WITH LAWS; SUPPLEMENTAL TERMS AND CONDITIONS
Contractor shall comply with all existing and subsequently enacted federal, state, and
local laws, ordinances, codes, and regulations that are, or become applicable to this
Contract. Contractor shall also specifically comply with the applicable Supplemental
Terms and Conditions set forth in Exhibit I. If a subsequently enacted law imposes
substantial additional costs on Contractor, a request for an amendment may be
submitted pursuant to Section 28.
26. COMPLIANCE WITH LAWS; ENVIRONMENTAL LAWS
Contractor shall, at its own expense, comply with all present and subsequently enacted
environmental laws and any amendments thereto, affecting Contractor’s occupation and
use of the premises as set forth in Exhibit J.
27. CONTRACTOR EMPLOYEE SECURITY INQUIRIES
The parties acknowledge that security measures required in this Section are necessary
to preserve and protect the public health, safety, and welfare. In addition to the specific
measures set forth below, Contractor shall take such other measures, as it deems
reasonable and necessary to further preserve and protect the public health, safety, and
welfare.
Attachment D-17
A. Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this
Contract shall, at the request of the City, be subject to background and security
checks and screening ("Security Inquiries"). Contractor shall perform all such
security inquiries and shall make the results available to the City for all employees
considered for performing work (including supervision and oversight) under this
Contract. The City may make further security inquiries. Whether or not further
security inquires are made by the City, the City may, at its sole, absolute and
unfettered discretion, accept or reject any or all of the employees proposed by
Contractor for performing work under this Contract. Employees rejected by the City
for performing services under this Contract may still be engaged by Contractor for
other work not involving the City. An employee rejected for work under this Contract
shall not be proposed to perform work under other City contracts or engagements
without the City's prior approval.
B. Additional City Rights Regarding Security Inquiries
In addition to the foregoing, the City reserves the right but not the obligation to: (1)
have an employee/prospective employee of Contractor be required to provide
fingerprints and execute such other documentation as may be necessary to obtain
criminal justice information pursuant to A.R.S. §41-1750(G)(4); (2) act on newly
acquired information whether or not such information should have been previously
discovered; (3) unilaterally change its standards and criteria relative to the
acceptability of Contractor's employees and/or prospective employees; and (4)
object, at any time and for any reason, to an employee of Contractor performing
work (including supervision and oversight) under this Contract.
C. Provision Applicable to all Contractor's Contracts, Subcontracts
Contractor shall include the terms of this provision for employee background and
security checks and screening in all contracts and subcontracts for work performed
under this Contract, including supervision and oversight.
D. Materiality of Security Inquiry Provisions
The Security Inquiry provisions of this Contract, as set forth above, are material to
the City's entry into this Contract and any breach thereof by Contractor may, at the
City's sole, absolute and unfettered discretion, be considered a breach of contract of
sufficient magnitude to terminate this Contract. Such termination shall subject
Contractor to liability for its breach of contract.
28. AMENDMENTS
Whenever an addition, deletion, or alteration to the services described in this Contract
substantially changes the scope of work thereby materially increasing or decreasing the
Attachment D-18
cost of performance, a supplemental agreement must first be approved in writing by the
City and Contractor before such addition, deletion or alteration shall be performed.
Changes to the services may be made and the compensation to be paid to Contractor
may be adjusted by mutual agreement, but in no event may the compensation exceed
the amount authorized without further written authorization. It is specifically understood
and agreed that no claim for extra work done or materials furnished by Contractor shall
be allowed except as provided herein, nor shall Contractor do any work or furnish any
materials not covered by this Contract unless first authorized in writing. Any work or
materials furnished by Contractor without prior written authorization shall be at
Contractor's risk, cost and expense, and Contractor agrees to submit no claim for
compensation or reimbursement for additional work done or materials furnished without
prior written authorization.
29. NON-ASSIGNABILITY
Contractor shall have no power to assign its rights and obligations under this Contract
without the prior written consent of the City. Any attempt to assign without such prior
written consent shall be void.
An essential consideration provided to the City by Contractor to induce the City to enter
into the Contract is Contractor's representation that the individual performing services
shall include Contractor's General Manager, ________________. Therefore, should
the above-named individual sever his/her relationship with Contractor, or otherwise be
unavailable to carry out Contractor's duties under this Contract for an extended period
of time, which period shall be determined at the sole discretion of the City, then the City,
without notice, may immediately terminate this Contract for cause.
30. NO ORAL ALTERATIONS
No alteration or variation of the terms of this Contract shall be binding on the parties
herein unless such alteration or variation is in writing and signed by each of the parties
to this Contract. No oral understanding or agreement not incorporated in this Contract
shall be binding on any of the parties herein.
31. NOTICES
Any notice, consent or other communication (“Notice”) required or permitted under this
Contract shall be in writing and either: (1) delivered in person; (2) sent via e-mail, return
receipt requested; (3) sent via facsimile transmission; (4) deposited with any
commercial air courier or express delivery service; or (5) deposited in the U.S. mail,
postage prepaid.
If to Contractor:
Address
_________________________
_________________________
_________________________
_________________________
Attachment D-19
Telephone:
Facsimile:
E-Mail:
_________________________
_________________________
_________________________
If to City:
Louis Matamoros
Contracts Manager
City of Phoenix Aviation Department
3400 East Sky Harbor Boulevard, Suite 3300
Phoenix, AZ 85034-4405
Telephone: (602) 273-3400
Facsimile: (602) 273-2183
E-Mail: [email protected]
Notice shall be deemed received: (1) at the time it is personally served; (2) on the day it
is sent via e-mail; (3) on the day it is sent by facsimile transmission; (4) on the second
day after its deposit with any commercial air courier or express delivery service; or (5)
five business days after the Notice is deposited in the U.S. mail as above provided. Any
time period stated in a Notice will be computed from the time the Notice is deemed
received.
Notices sent by e-mail and facsimile transmission will also be sent by regular mail to the
recipient at the above address. This requirement for duplicate Notice is not intended to
change the effective date of the Notice sent by e-mail or facsimile transmission.
32. INTEGRATION
This Contract constitutes and embodies the full and complete understanding and
agreement of the parties hereto and supersedes all prior understandings, agreements,
discussions, proposals, bids, negotiations, communications, and correspondence,
whether oral or written. No representation, promise, inducement, or statement of
intention has been made by any party hereto which is not embodied in this Contract,
and no party hereto shall be bound by or liable for any statement of intention not so set
forth.
33. GOVERNING LAW; FORUM; VENUE
This Contract is executed and delivered in Arizona, and the substantive laws of Arizona
(without reference to choice of law principles) shall govern their interpretation and
enforcement. Any action brought to interpret or enforce any provision of this Contract
that cannot be administratively resolved, or otherwise related to or arising from this
Contract, shall be commenced and maintained in the state or federal courts of Arizona,
Maricopa County, and each of the parties, to the extent permitted by law, consents to
jurisdiction and venue in such courts for such purposes.
Attachment D-20
34. TERMINATION
The City may terminate this Contract upon ten (10) days’ written notice after the
occurrence of any of the following events:
A. With Cause.
1. Excessive liquidated damages.
2. Filing by Contractor of a voluntary petition in bankruptcy; or its adjudication as a
bankrupt pursuant to an action filed against it; or the taking of its assets by a
court under any Federal reorganization act; or the appointment of a receiver for
its assets; or the occurrence of a general assignment or attempted assignment
for the benefit of creditors.
3. Existence for a period in excess of ten (10) days of any strike, lockout, work
stoppage or other dispute between Contractor and its employees which, in the
opinion of City, interferes with the operation of PHX or endangers or
inconveniences users of the facilities.
4. For violation of any laws, ordinances, regulations, or provisions of this Contract,
City reserves the right to terminate this Contract immediately.
B. Without Cause. City may terminate this Contract without cause upon ten (10) days’
written notice.
C. Forfeiture of Decals. In addition to paragraphs A1 through A4 of this Section, the
City may demand and Contractor shall permanently forfeit one (1) vehicle
authorization decal for each driver whose driver identification card is suspended or
revoked by the City. The forfeiture of any vehicle authorization decal to the City
does not limit the City’s ability to impose further sanctions for violations of the
provisions of this Contract.
D. Temporary Suspension. The City may suspend this Contract for Contractor’s failure
to perform in accordance with the terms of this Contract.
35. PROFESSIONAL COMPETENCY
A. Qualifications
Contractor represents that it is familiar with the nature and extent of this Contract,
the services, and any conditions that may affect its performance under this Contract.
Contractor further represents that it is fully experienced and properly qualified,
compliant with all applicable license requirements, and is equipped, organized, and
financed to perform such services.
Attachment D-21
B. Level of Care and Skill
Services provided by Contractor shall be performed in a manner consistent with that
level of care and skill ordinarily exercised by members of Contractor's profession
currently practicing in the same industry under similar conditions.
Acceptance or approval by the City of Contractor's work shall in no way relieve
Contractor of liability to the City for damages suffered or incurred arising from the
failure of Contractor to adhere to the aforesaid standard of professional
competence.
36. SPECIFIC PERFORMANCE
Contractor agrees that in the event of a breach by Contractor of any material provision
of this Contract, the City shall, upon proper action instituted by it, be entitled to a decree
of specific performance thereof according to the terms of this Contract. In the event the
City shall elect to treat any such breach on the part of Contractor as a discharge of the
Contract, the City may nevertheless maintain an action to recover damages arising out
of such breach. This Section is not intended as a limitation of such other remedies as
may be available to the City under law or equity.
37. FORCE MAJEURE
Contractor shall not be responsible or liable for, or deemed in breach hereof because of
any delay in the performance of its obligations hereunder to the extent caused by
circumstances beyond its control, without its fault or negligence, and that could not have
been prevented by the exercise of due diligence, including but not limited to fires,
natural disasters, riots, wars, unavoidable and unforeseeable site conditions, failure of
the City to provide data within the City's possession or to make necessary decisions or
provide necessary comments in connection with any required reports prepared by
Contractor in connection with the services and the unforeseeable inability to obtain
necessary site access, authorization, permits, licenses, certifications and approvals
(such causes hereafter called "Force Majeure").
38. RELEASE OF INFORMATION - ADVERTISING AND PROMOTION
Contractor shall not publish, release, disclose, or announce to any member of the
public, press, official body, or any other third party: (1) any information concerning this
Contract, the services, or any part thereof; or (2) any documentation or the contents
thereof, without the prior written consent of the City, except as required by law. The
name of any site on which services are performed shall not be used in any advertising
or other promotional context by Contractor without the prior written consent of the City.
39. CONFLICTS OF INTEREST
Contractor acknowledges that, to the best of its knowledge, information and belief, no
person has been employed or retained to solicit or secure this Contract upon a promise
Attachment D-22
of a commission, percentage, brokerage, or contingent fee, and that no member of the
Phoenix City Council or any employee of the City has any financial interest in the
contracting firm. For breach of violation of this warranty, the City shall have the right to
annul this Contract without liability, including any such commission, percentage,
brokerage, or contingent fee.
The City reserves the right to disqualify Contractor in the event that the City determines
that Contractor has an actual or apparent conflict of interest with the purposes of this
Contract and the provisions and procedures set forth in Section 34 shall apply.
A. Upon a finding by the City that gratuities in the form of entertainment, gifts or
inducements were offered or given by Contractor, or any agent or representative of
Contractor, to any officer or employee of the City for the purpose of securing this
Contract, or securing favorable treatment with respect to the awarding, amending, or
making of any determination with respect to the performance of this Contract, the
City may, by one (1) calendar day written notice to Contractor, terminate the right of
Contractor to proceed under this Contract, provided that the existence of the facts
upon which the Aviation Director made such finding shall be an issue and may be
litigated in an Arizona court of competent jurisdiction. In the event of such
termination, the City shall be entitled to the same remedies against Contractor as
could be pursued in the event of default by Contractor.
B. This Contract is subject to the requirements of A.R.S. §38-511.
40. CLAIMS OR DEMANDS AGAINST THE CITY
Contractor acknowledges and accepts the provisions of Chapter 18, §14 of the Charter
of the City, pertaining to claims or demands against the City, including provisions
therein for set-off of indebtedness to the City against demands on the City, and
Contractor agrees to adhere to the prescribed procedure for presentation of claims and
demands. Nothing in Chapter 18, §14 of the Charter of the City of Phoenix alters,
amends or modifies the supplemental and complementary requirements of the State’s
Notice of Claim statutes, A.R.S. §§12-821 and 12-821.01, pertaining to claims or
demands against the City. If for any reason it is determined that the City Charter and
state law conflict, then state law shall control. Moreover, nothing in this Contract shall
constitute a dispute resolution process, an administrative claims process, or contractual
term as used in A.R.S. §12-821.01(C), sufficient to affect the date on which the cause of
action accrues within A.R.S. §12-821.01(A) and (B).
41. WAIVER OF CLAIMS FOR ANTICIPATED PROFITS
Contractor waives any claims against the City and its officers, officials, agents and
employees for loss of anticipated profits caused by any suit or proceeding, directly or
indirectly, involving any part of this Contract.
Attachment D-23
42. CONTINUATION DURING DISPUTES
Contractor agrees as a condition of this Contract that in the event of any dispute
between the parties, provided no Notice of Termination has been given by the City, and
if it is feasible under the terms of this Contract each party shall continue to perform the
obligations not related to the dispute required of it during the resolution of such dispute,
unless enjoined or prohibited by a court of competent jurisdiction.
Failure or delay by either party to exercise any right, power or privilege specified in or
appurtenant to this Contract shall not be deemed a waiver thereof.
43. THIRD PARTY BENEFICIARY CLAUSE
The parties expressly agree that this Contract is not intended by any of its provisions to
create of the public or any member thereof a third party beneficiary nor to authorize
anyone not a party to this Contract to maintain a suit for personal injuries or property
damage pursuant to the terms or provisions of this Contract.
IN WITNESS WHEREOF, the parties herein have caused this Contract to be executed in
triplicate originals.
CONTRACTOR
CITY OF PHOENIX, a municipal corporation
FRANK A. FAIRBANKS, City Manager
By:________________________
Title:______________________
By:_________________________
Danny W. Murphy
Aviation Director
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
700908v6 1/29/07
Attachment D-24
Attachment D-25
Exhibit B
Fleet & Interim Fleet List
To be replaced with proposed Interim Fleet List
prior to commencement of Contract
At a minimum, the Interim Fleet identification should include:
•
•
•
•
•
•
•
•
ADA Wheelchair Accessibility
Fleet Number
Fuel Types, including dedicated or dual fuel mechanism
License Plate
Make
Model
Vehicle Identification Number
Year
To be replaced with proposed Permanent Fleet list
no later than six (6) months from commencement of Contract
At a minimum, the Permanent Fleet list should include:
•
•
•
•
•
•
•
•
•
ADA Wheelchair Accessibility
Fleet Number
Fuel Types, including dedicated or dual fuel mechanism
License Plate
Make
Mileage
Model
Vehicle Identification Number
Year
Attachment D-26
Exhibit C
Franchisee and Owner/Operator Plan
To be replaced with Contractor’s City-approved Franchisee and Owner/Operator Plan prior
to commencement of Contract. At a minimum, this exhibit should include Contractor’s plan
for:
•
Corrective action with franchisees and owner/operators who violate applicable rules and
regulations
•
Monitoring franchisee and owner/operator vehicles to maintain all contractual
requirements
•
Providing interested franchisees and owner/operators with adequate information about
the business opportunity
•
Providing timely outreach to and identification of potential franchisees and
owner/operators, including marketing and advertising strategies
Contractor shall also provide to the City a copy of any agreement that to be signed by a
franchisee or owner/operator, including any payment terms or costs to be paid to the
Contractor.
Attachment D-27
Exhibit D
Vehicle Maintenance Plan
To be replaced with Contractor’s City-approved Vehicle Maintenance Plan prior to
commencement of Contract. At a minimum, this exhibit should include a description of
Contractor’s plan to:
•
Comply with vehicle manufacturer’s warranty specifications
•
Maintain vehicle maintenance and maintenance records
•
Comply with all applicable federal, state and local laws, including all City rules and
regulations
Attachment D-28
Exhibit E
Customer Service Plan
To be replaced with Contractor’s City-approved Customer Service Plan prior to
commencement of Contract. At a minimum, this exhibit should describe how Contractor will
provide high caliber customer service to PHX passengers and include:
•
Customer service programs and philosophies, including customer dispute resolution
and customer service monitoring programs
•
Emergency procedures
•
Serving passengers with special needs, in compliance with all applicable ADA
requirements
Contractor should incorporate the following service standards into its Customer Service
Plan:
•
Record all complaints on City-approved customer complaint forms; investigate and
resolve each complaint within three (3) working days of receipt; and notify person
filing the complaint, and submit completed complaint form to ADR, when the
complaint is resolved.
•
Respond, as directed by the ADR, to complaints received by the City regarding
actions taken and/or services rendered by Contractor.
•
Submit to City-designated staff any found property lost by passengers.
Attachment D-29
Exhibit F
Drivers Conduct Plan
To be replaced with Contractor’s City-approved Drivers Conduct Plan prior to
commencement of Contract. At a minimum, this exhibit should describe:
•
Acceptable and unacceptable driver conduct
•
Corrective action for drivers who violate any applicable rules regulations, or federal
or state laws
•
Personal hygiene standards
•
Uniform standards.
Attachment D-30
Exhibit G
Training Plan
To be replaced with Contractor’s City-approved Training Plan prior to commencement of
Contract. At a minimum, Contractor’s Training Plan should include:
•
ADA sensitivity and compliance
•
Aviation rules and regulations
•
Customer service skills for internal and external customers
•
Effective communication skills
•
Knowledge of the Phoenix Metropolitan area
•
Knowledge of traffic laws
•
Passenger assistance and public relations
•
Vehicle safety procedures
The Training Plan should further address Contractor’s driver training program, which, at a
minimum, should consist of three (3) independent methods of training, such as:
•
A training manual consisting of written rules and procedures, reference information,
study material and outlines of quizzes for use during on-the-job training
•
Classroom training including class discussions on pertinent rules and regulations and
public relations
•
Supervised on-the-job training with predetermined lesson plans for each position
Attachment D-31
EXHIBIT H
Insurance Requirements
Contractor and subcontractors shall procure and maintain until all of their obligations have
been discharged, including any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The City in no way warrants
that the minimum limits contained herein are sufficient to protect the Contractor from
liabilities that might arise out of the performance of the work under this contract by the
Contractor, its agents, representatives, employees or subcontractors and Contractor is free
to purchase additional insurance as may be determined necessary.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage
with limits of liability not less than those stated below. An excess liability policy or
umbrella policy may be used to meet the minimum liability requirements provided that
the coverage is written on a “following form” basis.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual
liability coverage.
•
•
•
•
General Aggregate
Products – Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
$2,000,000
$1,000,000
$1,000,000
$1,000,000
a. The policy shall be endorsed to include the following additional insured
language: "The City of Phoenix shall be named as an additional insured
with respect to liability arising out of the activities performed by, or on
behalf of the Contractor."
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles
used in the performance of this Contract. Contractor's automobile liability insurance
shall include as an insured all drivers providing services under this contract,
regardless of the driver's status as employee, independent contractor, franchisee or
owner/operator.
•
•
•
Combined Single Limit (CSL)
UM/UIM Per Person Limit
UM/UIM Per Accident Limit
Attachment D-32
$1,000,000
$ 300,000
$ 300,000
a. The policy shall be endorsed to include the following additional insured
language: "The City of Phoenix shall be named as an additional insured
with respect to liability arising out of the activities performed by, or on
behalf of the Contractor, including automobiles owned, leased, hired or
borrowed by the Contractor."
3. Worker's Compensation and Owners' Liability
Workers' Compensation
Owners' Liability
Each Accident
Disease – Each Employee
Disease – Policy Limit
Statutory
$100,000
$100,000
$500,000
a. Policy shall contain a waiver of subrogation against the City of Phoenix.
b. This requirement shall not apply when a contractor or subcontractor is exempt
under A.R.S. 23-901 AND when such contractor executes the appropriate sole
proprietor waiver form.
B. ADDITIONAL INSURANCE REQUIREMENTS:
endorsed to include, the following provisions:
The policies shall include, or be
1. On insurance policies where the City of Phoenix is named as an additional insured,
the City of Phoenix shall be an additional insured to the full limits of liability
purchased by the Contractor even if those limits of liability are in excess of those
required by this Contract
2. The Contractor's insurance coverage shall be primary insurance and noncontributory with respect to all other available sources.
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance
provisions of this Contract shall provide the required coverage and shall not be
suspended, voided, canceled, except after thirty (30) days’ prior written notice has been
given to the City, except when cancellation is for non-payment of premium, then ten
(10) days’ prior notice may be given. Such notice shall be sent directly to: City of
Phoenix Aviation Department, Operations Division, Attn: Louis Matamoros, 3400
East Sky Harbor Boulevard, Phoenix, Arizona 85034, and shall be sent by certified
mail, return receipt requested.
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly
licensed or approved unlicensed companies in the state of Arizona and with an “A.M.
Best” rating of not less than B+ VI. The City in no way warrants that the above-required
minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates of
insurance (ACORD form or equivalent approved by the City) as required by this
Attachment D-33
Contract. Each insurance policy certificate is to be signed by a person authorized by
that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the
City before work commences. Each insurance policy required by this Contract must be
in effect at or prior to commencement of work under this Contract and remain in effect
for the duration of the project. Failure to maintain the insurance policies as required by
this Contract or to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract shall be sent directly to the address listed in
Item D above.
The City project/contract number and project description shall be noted on the
certificate of insurance. The City reserves the right to require complete, certified copies
of all insurance policies required by this Contract at any time. DO NOT SEND
CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.
F. SUBCONTRACTORS: Contractor’s certificate(s) shall include all subcontractors as
additional insureds under its policies or Contractor shall furnish to the City separate
certificates and endorsements for each subcontractor. All coverage for subcontractors
shall be subject to the minimum requirements identified above.
G. APPROVAL: Any modification or variation from the insurance requirements in this
Contract shall be made by the Law Department, whose decision shall be final. Such
action will not require a formal contract amendment, but may be made by administrative
action.
Attachment D-34
EXHIBIT I
Supplemental Terms and Conditions to All Airport Agreements
A. Definitions
1.
"Airport" means Phoenix Sky Harbor International Airport (PHX), Phoenix Deer
Valley Airport (DVT) and/or Phoenix Goodyear Airport (GYR), in accordance with
the context of the contract.
2.
"Contract" includes any and all City of Phoenix (City) Aviation Department
contracts, subcontracts, agreements, leases, subleases, licenses, permits,
concessions or other documents, however denominated that grant or convey a
right or privilege on an Airport, and to which this Exhibit is annexed and made a
part thereof.
3.
"Contractor" means every lessee, sublessee, licensee, permittee, concessionaire
or other person, firm or corporation exercising a right or privilege on an airport
pursuant to a contract, and includes Contractor's heirs, personal representatives,
successors-in-interest and assigns.
4.
"Premises" means the leasehold or site occupied by Contractor pursuant to the
lease, license or permit that is the subject of this Contract.
B. Assurances
1.
Contractor shall furnish its services on a fair, equal and not unjustly discriminatory
basis to all users of the Airport.
2.
Contractor shall charge fair, reasonable and not unjustly discriminatory prices for
each unit or services; provided that, Contractor may be allowed to make
reasonable and non-discriminatory discounts, rebates or other similar types of
price reductions to volume purchasers. Non-compliance with this requirement
shall be a material breach of this Contract for which the City shall have the right to
terminate this Contract and any estate created herewith, without liability therefor;
or, at the election of the City or the United States (U.S), either or both of said
Governments shall have the right to judicially enforce said requirement.
3.
Contractor warrants 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 on or from the Premises, or otherwise be excluded from the benefits
offered by Contractor to the general public. Contractor further warrants that it will
comply with all pertinent statutes, Executive Orders, and rules promulgated
thereunder, to assure that no person is excluded on the grounds of race, creed,
color, national origin, sex, age, or handicap.
Attachment D-35
4.
As a part of the consideration for this Contract, Contractor does hereby covenant
and agree that in the event facilities are constructed, maintained, or otherwise
operated on the Premises for a purpose for which a DOT program or activity is
extended for another purpose involving the provision of similar services or
benefits, Contractor shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Code of Federal
Regulations, Title 49, DOT, Subtitle A, Office of the Secretary of Transportation,
Part 21-Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as said
regulations exist and may be amended from time-to-time.
If this Contract is a lease, then this Covenant is hereby made a covenant running
with the land for the term of the lease, and is judicially enforceable by the U.S.
5.
As a part of the consideration of the Contract, Contractor does hereby covenant
and agree that: (1) no person on the grounds of race, color or national origin shall
be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities; (2) in the construction of any
improvements on, over or under such Premises and the furnishing of services
thereon, no person on the grounds of race, color or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; and that the contractor shall use the Premises in accordance with
all other requirements imposed pursuant to 49 C.F.R. Part 21, as it may be
amended.
If this Contract is a lease, then this Covenant is hereby made a covenant running
with the land for the term of the lease, and is judicially enforceable by the U.S.
6.
The foregoing discrimination covenants are a material part of this Contract and for
breach thereof the City shall have the right to terminate this Contract and to
reenter and repossess the Premises and facilities thereon, and hold the same as if
said Contract had never been made. This provision does not become effective
until the procedures of 49 CFR Part 21 are followed and completed, including
expiration of appeal rights.
7.
Contractor agrees to insert the foregoing six provisions in any contract by which
Contractor grants a right or privilege to any person, firm or corporation to render
accommodations and/or services to the public on or from the Premises.
8.
Contractor agrees that it will undertake an affirmative action plan in conformance
with 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of
race, creed color, national origin or sex be excluded from participating in any
employment, contracting or leasing activities covered in 14 CFR Part 152, Subpart
E. Contractor assures that no person will be excluded on such grounds from
participating in or receiving the services or benefits of any program or activity
covered by Subpart E. Contractor further agrees that it will require its covered
Attachment D-36
suborganizations to provide assurances to Contractor that they similarly will
undertake affirmative action programs and that they will require like assurances
from their suborganizations, as required by 14 CFR Part 152, Subpart E.
9.
City reserves the right to further develop, improve, repair and alter the Airport and
all roadways, parking areas, terminal facilities, landing areas and taxiways as it
may reasonably see fit, free from any and all liability to Contractor for loss of
business or damages of any nature whatsoever to Contractor occasioned during
the making of such improvements, repairs, alterations and additions.
10. City reserves the right, but is in no way obligated to Contractor, to maintain and
keep in repair the landing area of the Airport and all publicly owned facilities of the
Airport, together with the right to direct and control all activities of Contractor in this
regard.
11. Contractor acknowledges that this Contract is subordinate to any existing or future
agreement between the City and the U.S. concerning the development, operation
or maintenance of the Airport. In the event that FAA or its successors require
modifications or changes in the Contract as a condition to the obtaining of funds
for improvements at the Airport or as a requirement of any prior grants, Contractor
hereby consents to any and all such modifications and changes as may be
reasonably required and agrees that it will adopt any such modifications or
changes as part of this Contract.
12. The Contract is subordinate to the reserved right of the City, its successors and
assigns, to occupy and use for the benefit of the public the airspace above the
Premises for the right of flight for the passage of aircraft. This public right of flight
shall include the right to cause in said airspace any noise inherent in the operation
of any aircraft through said airspace or in landing at or taking off from, or operation
on an Airport.
13. Contractor agrees to comply with the notification and review requirements as
required by Title 14 of the Code of Federal Regulations, 14 CFR Part 77- Objects
Affecting Navigable Airspace, in the event future construction of a structure is
planned for the Premises, or in the event of a planned modification of a structure
on the Premises. Contractor shall submit the required FAA Form 7460-1— Notice
of Proposed Construction or Alteration—and provide documentation showing
compliance with the federal requirements. Once the FAA has completed the
aeronautical study, Contractor shall provide to the City of Phoenix the FAA
determination letter on proposed construction and any impact to air navigation.
Contractor covenants for itself, its successors and assigns that it will not erect or
permit the erection of any structure or permit the growth of any tree, on the
Premises above the mean sea level elevation for: (1) PHX, 1,133 feet; (2) GYR,
968 feet; and (3) DVT, 1,476 feet. As a remedy for the breach of said covenant
the City reserves the right to enter upon the Premises and remove the offending
structure or cut the offending tree, all at the expense of Contractor.
Attachment D-37
14. Contractor, by accepting this Contract, covenants for itself, its successors and
assigns that no use will be made of the Premises that might in any manner
interfere with the landing and taking off of aircraft from the Airport, or otherwise
constitute a hazard to air navigation. As a remedy for the breach of said covenant
the City reserves the right to enter upon the Premises and cause the abatement of
such interference, all at the expense of Contractor.
15. Contractor acknowledges that nothing contained in this Contract shall be
construed to grant or authorize the granting of an exclusive right within the
meaning of 49 U.S.C. §40103(e).
16. This Contract and all the provisions hereof are subordinate to whatever rights the
U.S. now has or in the future may acquire affecting the control, operation,
regulation and taking-over of the Airport, or the exclusive or non-exclusive use of
the Airport by the U.S. during a time of war or national emergency.
17. If the Contract involves construction, the contractor shall carry out the project in
accordance with FAA airport design, construction and equipment standards and
specifications current on the date of project approval.
18. Contractor is encouraged to use fuel and energy conservation practices.
C. Affirmative Action Requirements
If Contractor is by this Contract a supplier to, or lessee of, the City, then the following
requirement of the Phoenix City Code, Chapter 18, Article V, Section 18-22(G) applies:
"Any supplier/lessee in performing under this contract shall not discriminate
against any worker, employee or applicant, or any member of the public,
because of race, color, religion, gender, national origin, age or disability nor
otherwise commit an unfair employment practice. The supplier and/or lessee
will take affirmative action to ensure that applicants are employed, and
employees are dealt with during employment without regard to their race, color,
religion, gender or national origin, age or disability; Such action shall include but
not be limited to the following: Employment, promotion, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training; including apprenticeship. The
supplier further agrees that this clause will be incorporated in all subcontracts
with all labor organizations furnishing skilled, unskilled and union labor, or who
may perform any such labor or services in connection with this contract.
Supplier/lessee further agrees that this clause will be incorporated in all
subcontracts, job-consultant agreements or subleases of this agreement
entered into by supplier/lessee."
Attachment D-38
D. Immigration Reform and Control Act of 1986 (IRCA)
Contractor understands and acknowledges the applicability of the IRCA to it. Contractor
agrees to comply with the provisions of IRCA as it applies to its activities under this
Contract and to permit the City to inspect its personnel records to verify such
compliance.
E. Conflict of Interest
Contractor acknowledges that the terms and conditions of Arizona Revised Statutes
§38-511 are incorporated into this Contract.
F. Iran and Sudan
In accordance with state law, Contractor certifies that it does not have scrutinized
business operations in Iran or Sudan. If Contractor’s certification is found to be false,
the City may terminate this Contract or impose other remedies due to false certification.
G. Legal Worker Requirements
The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
Therefore, Contractor agrees that:
1. Contractor and each subcontractor it uses warrants their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance
with § 23-214, subsection A.
2. A breach of warranty under paragraph 1 shall be deemed a material breach of the
Agreement and is subject to penalties up to and including termination of the
Agreement.
3. City retains the legal right to inspect the papers of the Contractor or subcontractor
employee(s) who work(s) on this Agreement to ensure that Contractor or
subcontractor is complying with the warranty under paragraph 1.
H. Disadvantaged Business Enterprise Requirements
1. To the extent that this Contract is covered by 49 CFR Part 26, Contractor agrees
that this Contract is subject to the requirements of the U.S. Department of
Transportation Regulations at 49 CFR Part 26. The Contractor or subcontractor
shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The Contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOT assisted contracts.
Failure by the Contractor to carry out these requirements is a material breach of this
Attachment D-39
contract, which may result in the termination of this contract or such other remedy as
the recipient deems appropriate.
Contractor agrees to include the foregoing statement in any subsequent Contract
that it enters and cause those businesses to similarly include said statement in
further agreements.
2. To the extent that the Contract is a concession agreement covered by 49 CFR Part
23, the concessionaire or contractor agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in
connection with the award or performance of any concession agreement,
management contract, or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 23.
The concessionaire or contractor agrees to include the above statements in any
subsequent concession agreement or contract covered by 49 CFR Part 23, that it
enters and cause those businesses to similarly include the statements in further
agreements.
Attachment D-40
EXHIBIT J
Compliance with Environmental Laws
Contractor shall, at Contractor’s own expense, comply with all present and subsequently
enacted Environmental Laws, and any amendments thereto, affecting Contractor’s
occupation and use of the Premises.
A. Definitions
1. “Environmental Laws” means those laws promulgated for the protection of human
health or the environment, including but not limited to, the following as the same are
amended from time to time: the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 [CERCLA], 42 U.S.C. Sections 9601 et
seq., as amended by the Superfund Amendment and Reauthorization Act
[SARA]; the Solid Waste Disposal Act [SWDA], 42 U.S.C. Sections 6901 et seq.,
as amended by the Resource Conservation and Recovery Act [RCRA] including
Subtitle I, Underground Storage Tanks; the Toxic Substances Control Act
[TSCA], 15 U.S.C. Sections 2601 et seq.; the Public Health Service Act (Title XIV)
[PHSA] a.k.a. the Safe Drinking Water Act [SDWA] and SDWA Amendments of
1996, 42 U.S.C. Sections 300f et seq.; the Federal Water Pollution Control Act
[FWPCA], as amended by the Clean Water Act, 33 U.S.C. Sections 1251 et seq.;
the Clean Air Act, 42 U.S.C. Sections 7401 et seq.; Title 49 of the Arizona
Revised Statutes, including the Arizona Environmental Quality Act, A.R.S.
Sections 49-201 et seq.; the Arizona Hazardous Waste Management Act, A.R.S.
Sections 49-921 et seq.; the Arizona Underground Storage Tank Regulation Act,
A.R.S. Sections 49-1001 et seq.; the Arizona Solid Waste Management Act,
A.R.S. Section 49-701 et seq.; the Occupational Safety and Health Act of 1970 as
amended, 29 U.S.C. Sections 651-678 and the regulations promulgated thereunder,
and, any other laws, regulations and ordinances (whether enacted by local, state or
federal government) now in effect or hereafter enacted, that provide for the
regulation or protection of human health or the environment, including the ambient
air, ground water, surface water, and land use, including substrata soils.
2. In this Contract, the term “regulated substances” means:
a. Those substances identified or listed as a hazardous substance, pollutant,
hazardous material, and, petroleum, in CERCLA/SARA; the Hazardous
Materials Transportation Act, 49 U.S.C. Sections 5101 et seq.; RCRA,
Subtitle I, Regulation of Underground Storage Tanks, 42 U.S.C. Sections
6991 through 6991i; Clean Air Act, 42 U.S.C. Section 7412 et seq.; and in any
rule or regulation adopted to implement said statutes.
b. Those substances identified or listed as a hazardous substance, pollutant, toxic
pollutant, petroleum, or as a hazardous, special, or solid waste in the Arizona
Environmental Quality Act, A.R.S. Sections 49-201 et seq., including but not
limited to, the Water Quality Assurance Revolving Fund Act [WQARF],
Attachment D-41
A.R.S. Sections 49-281 et seq.; the Solid Waste Management Act, A.R.S.
Sections 49-701 et seq.; the Underground Storage Tank Regulation Act,
A.R.S. Sections 49-1001 et seq.; A.R.S. Sections 49-851 through 49-868
pertaining to Management of Special Waste; the Hazardous Waste
Management Act, A.R.S. Sections 49-921 et seq.; and in any rule or regulation
adopted to implement said statutes.
c. All substances, materials and wastes that are, or that become, regulated, or that
otherwise are classified as hazardous or toxic, under any Environmental Law
during the term of this Contract.
3. The term “release” means any releasing, spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping.
4. As used herein, the term “Premises” means Contractor’s leasehold and/or any part
or portion of Phoenix Sky Harbor International Airport (PHX), Phoenix Deer Valley
Airport (DVT), Phoenix Goodyear Airport (GYR) or City of Phoenix (City) owned
property where Contractor or its employees or agents causes to occur a release of a
regulated substance.
5. As used herein, the term “Contractor” means every consultant, lessee, sublessee,
licensee, permittee, concessionaire, tenant or other person, firm or corporation
occupying or using the Premises pursuant to an agreement and includes
Contractor’s heirs, personal representatives, successors-in-interest and assigns.
B. Compliance
1. Contractor shall not cause or permit any regulated substance to be used, generated,
manufactured, produced, stored, brought upon, or released on, or under the
Premises, or transported to or from the Premises, by Contractor, its agents,
employees, Contractor’s invitees or a third party in a manner that would constitute or
result in a violation of any Environmental Law or that would give rise to liability under
an Environmental Law.
Contractor may provide for the treatment of certain discharges regulated under the
City pretreatment ordinances pursuant to Chapter 28 of the Phoenix City Code or
such other ordinances as may be promulgated and the Federal Clean Water Act, 33
U.S.C. Section 1251 et seq.
Contractor shall indemnify, defend and hold harmless, on demand, City, its
successors and assigns, its elected and appointed officials, employees, agents,
boards, commissions, representatives, and attorneys, for, from and against any and
all liabilities, obligations, damages, charges and expenses, penalties, suits, fines,
claims, legal and investigation fees or costs, arising from or related to any claim or
action for injury, liability, breach of warranty or representation, or damage to
persons, the environment or Premises and any and all claims or actions brought by
Attachment D-42
any person, entity or governmental body, alleging or arising in connection with
contamination of, or adverse effects on, human health or the environment pursuant
to any Environmental Law, the common law, or other statute, ordinance, rule,
regulation, judgment or order of any governmental agency or judicial entity, which
are incurred or assessed as a result, whether in part or in whole, of Contractor’s
occupancy or use of the Premises during the term of this Contract or any previous
contract or uses of the Premises by Contractor or its owners or affiliated entities,
agents, employees, invitees, visitors or licensees. Regardless of the date of
termination of this Contract, Contractor’s obligations and liabilities under this Section
shall continue so long as City bears any liability or responsibility under the
Environmental Laws arising from Contractor’s occupancy or use of the Premises
during the term of this Contract. This indemnification of City by Contractor includes,
without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial actions, removal or restoration work required or
conducted by any federal, state or local governmental agency or political subdivision
because of regulated substances caused by Contractor to be present on or under
the Premises or present in the soil or ground water on or under the Premises or
present in surface waters on or adjacent to the Premises.
2. Without limiting the foregoing, if the release by Contractor of any regulated
substance on or under the Premises, or in surface waters on or adjacent to the
Premises results in any contamination of the Premises or surface waters, Contractor
shall promptly take all actions at its sole cost and expense that are necessary to
mitigate any immediate threat to human health or the environment. Contractor shall
then undertake any further action necessary to return the contaminated site to the
condition existing prior to the introduction by Contractor of any regulated substance;
provided that City’s approval of such actions shall first be obtained. Contractor shall
undertake such actions without regard to the potential legal liability of any other
person; however, any remedial activities by Contractor shall not be construed to
impair Contractor’s rights, if any, to seek contribution or indemnity from another
person.
3. Contractor shall, at Contractor’s own cost and expense, make all tests, reports,
studies and provide all information to any appropriate governmental agency as may
be required pursuant to the Environmental Laws pertaining to Contractor’s
occupancy or use of the Premises. This obligation includes but is not limited to any
requirements for a site characterization, site assessment and/or remediation plan
that may be necessary due to any actual or potential spills or discharges of
regulated substances on, under or from the Premises, or in surface waters on or
adjacent to the Premises during the term of this Contract. At no cost or expense to
City, Contractor shall promptly provide all information requested by City pertaining to
the applicability of the Environmental Laws to the Premises, to respond to any
governmental investigation, or to respond to any claim of liability by third parties
which is related to environmental contamination.
In addition, City shall have the right to inspect, within ten (10) days of Contractor’s
Attachment D-43
receipt of written request, and copy any and all records, test results, studies and/or
other documentation, other than trade secrets and legally privileged documents,
regarding environmental conditions relating to the use, storage, or treatment of
regulated substances by Contractor on, under or from the Premises or in surface
waters on or adjacent to the Premises.
4. Contractor shall notify the Aviation Director within twenty-four (24) hours upon
learning of the following:
a. Any correspondence or communication from any governmental agency regarding
the application of Environmental Laws to the Premises or Contractor’s
occupancy or use of the Premises;
b. Any change in Contractor’s activities on the Premises that will change or have
the potential to change Contractor’s or City’s obligations or liabilities under
Environmental Laws;
c. Any assertion of a claim or other occurrence for which Contractor may incur an
obligation under this Section.
5. Contractor shall at its own expense obtain and comply with any permits or approvals
that are required or may become required as result of any occupancy or use of the
Premises by Contractor, its agents, employees, invitees and assigns.
6. Contractor shall insert the provisions of this Exhibit in any agreement or contract by
which it grants a right or privilege to any person, firm or corporation under this
Contract.
7. Contractor shall obtain and maintain compliance with any applicable financial
responsibility requirements of federal, state and/or local law regarding the ownership
or operation of any underground storage tank(s) or any device used for the
treatment or storage of a regulated substance and present evidence thereof to the
City, as may be applicable.
8. Contractor shall take reasonable precautions to prevent other persons not acting
under Contractor’s authority from conducting any activity that would result in the
release of a regulated substance on, under or from the Premises or in surface
waters on or adjacent to the Premises. Contractor shall also exercise due care with
respect to any regulated substance that may come to be located on the Premises as
a result of the actions of third parties who are not under Contractor’s authority.
9. Contractor shall make its best efforts to minimize its production of a waste stream
that includes regulated substances, and shall minimize the storage of regulated
substances on, in and around the Premises.
Attachment D-44
C. Termination of Agreement
Contractor’s failure or the failure of its agents, employees, contractors, invitees or of a
third party to comply with any of the requirements and obligations of this Exhibit or
applicable Environmental Law shall constitute a material breach of this Contract and
shall permit the City to pursue the following remedies, in addition to all other rights and
remedies provided by law or otherwise provided for in this Contract, to which the City
may resort cumulatively, or in the alternative:
1. City may, at the its election, keep this Contract in effect and enforce all of its rights
and remedies under the Contract, including (1) the right to recover rent and other
sums as they become due by appropriate legal action and/or (2) the right, upon ten
(10) day’s written notice to Contractor, to make payments required of Contractor or
perform Contractor’s obligations and be reimbursed by Contractor for the cost
thereof, unless such payment is made or obligation performed by Contractor within
such ten (10) day period.
2. City may, at its election, terminate this Contract upon written notice to Contractor.
Upon the City’s termination, Contractor shall immediately pay to the City an amount
equal to all accrued but unpaid rents plus interest thereon calculated from the date
the rent is past due at a rate equal to: (1) eighteen percent (18%) per annum or (2)
the maximum interest rate permitted by state law, whichever is greater.
3. Notwithstanding any other provision in this Contract to the contrary, the City shall
have the right of “self-help” or similar remedy in order to minimize any damages,
expenses, penalties and related fees or costs, arising from or related to a violation of
Environmental Laws on, under or from the Premises or in surface waters on or
adjacent to the Premises, without waiving any of its rights under this Contract.
4. The exercise by the City of any of its rights under Section C of this Exhibit shall not
release Contractor from any obligation it would otherwise have under this Exhibit.
5. The covenants of this Exhibit shall survive the termination of this Contract.
National Pollution Discharge Elimination System (NPDES) Permit Compliance
A. Acknowledgments
1. A Contractor that does not perform any construction activities (“Airport Permittee”) at
an Airport acknowledges as a consequence of its activities, operations or location at
an Airports, Airport Permittee is required by EPA Regulations 40 C.F.R. Part 122
(“Regulations”) to obtain a NPDES storm water discharge permit, which requirement
Airport Permittee can fulfill by: (a) obtaining its own permit; or, (b) joining as a copermittee in City’s Group Permit (the “City Permit”).
2. City has obtained a storm water discharge permit, and if Airport Permittee is a copermittee on the City Permit, Airport Permittee acknowledges that it enjoys a
Attachment D-45
substantial economic benefit by joining as a co-permittee, and that such benefit
serves as good and sufficient consideration for the obligations imposed upon and
assumed by Airport Permittee under this NPDES Permit Compliance Article.
3. A Contractor that performs construction activities (“Construction Contractor”) at an
Airport acknowledges that as a consequence of its activities, operations or location
at the Airports, Construction Contractor is required by EPA Regulations 40 C.F.R.
Part 122 (“Regulations”) to obtain a NPDES storm water discharge permit for its
construction activities, which requirement Construction Contractor must fulfill by
jointly filing for the project permit in conjunction with the City’s project manager. City
will consult with and assist Construction Contractor with regard to the joint filing of
the project permit as time and personnel allow. Construction Contractor will also
work with the City’s project manager to develop pollution controls. Construction
Contractor is solely responsible for implementation of the pollution controls, all
related costs and compliance with its NPDES storm water discharge permit.
4. City has adopted the “City of Phoenix Aviation Department Storm Water
Enforcement Procedures and Civil Penalty Policy” (“City’s Storm Water Policy”) to
achieve compliance with federal and local NPDES requirements by the Aviation
Department, its Contractor and permittees. Airport Permittee and Construction
Contractor are subject to the policy as a condition of their activities, operations, and
location at the Airports. City shall have the right to monitor and require compliance
with City’s Storm Water Policy.
5. Airport Permittee and Construction Contractor shall implement Best Management
Practices (“BMPs”) for the Airports to minimize the contact of storm and other
precipitation event water with “significant materials” (as defined in the Regulations
and City Ordinances) generated, stored, handled or otherwise used by Airport
Permittee or Construction Contractor, and to document such BMPs with a written
storm water management plan.
B. Material Condition
Full compliance with the NPDES permit program as contained in 40 C.F.R. Part 122,
Chapter 32(C) of the Phoenix City Code, and the City’s Storm Water Policy is a material
condition of this Contract, and for any breach thereof which exposes City to civil or
criminal fine, penalty, sanction or remediation cost by any governmental entity, City may
terminate this Contract and cause Airport Permittee to be removed from the City Permit,
if Airport Permittee is a co-permittee, without recourse by Airport Permittee. This
remedy is in addition to any other remedies available to the City.
C. Agreement
If Airport Permittee agrees to be, and is, a co-permittee on City’s NPDES storm water
discharge permit, then Airport Permittee agrees that said City Permit and BMPs, as it is
issued by the EPA, and as it may thereafter be amended, modified or otherwise
Attachment D-46
changed, is incorporated by reference into its Contract with the City and any
subsequent renewals. City agrees that, to the extent allowed by law, Airport Permittee
shall have the right to be removed from the City Permit should its Contract be canceled
or terminated for other reasons, or due to Airport Permittee’s relocation, noncompliance
with the City Permit requirements or Airport Permittee’s exercise of choice. In no event
shall Airport Permittee be relieved of its obligation to comply with the requirements of
the NPDES permit program with regard to its occupation and use of the Premises at the
Airports, nor shall Airport Permittee be excused from any obligations or indemnifications
incurred and owed to City prior to Airport Permittee’s removal from the City Permit,
resulting from a failure of Airport Permittee to fulfill an obligation of the City Permit.
D. Compliance
1. City will provide Airport Permittee with access to a true and complete copy of the
City Permit and any revisions thereto upon request, and will, as time and personnel
allow, consult with and assist Airport Permittee with regard to the City Permit and
City Ordinance requirements.
2. City reserves the right to impose upon Airport Permittee any BMP or any other
action necessary to insure City's ability to comply with the City Permit requirements
or applicable City ordinances; however, except in "extreme emergency" conditions,
Airport Permittee shall have ten (10) days from date of receipt of written notice
imposing such BMPs or other requirements to notify City in writing if it objects to any
action it is being directed to undertake. If Airport Permittee does not provide the
specified timely notice, it will be deemed to have assented to implementation of the
BMPs or other requirements. If Airport Permittee provides City with timely written
notice of its objections, the parties agree to negotiate a prompt resolution of their
differences. Airport Permittee warrants that it will not serve a written notice of
objections for purposes of delay or avoiding compliance.
Airport Permittee agrees to comply with City’s Storm Water Policy and to implement
at its sole expense, unless otherwise agreed to in writing between City and Airport
Permittee, those requirements of the City Permit and City ordinances that pertain to
its operations and activities on the Premises at the Airports. Airport Permittee
warrants that it will use its best efforts to meet all deadlines that are established by
statute, regulation, ordinance, and City’s Storm Water Policy, or that are agreed to
by the parties. Airport Permittee acknowledges that time is of the essence in the
implementation of all City Permit requirements.
3. In this NPDES Permit Compliance Article, "extreme emergency conditions" means:
a. Conditions that impose an immediate impact on waters of the United States
(e.g., Salt River) resulting from an emergency situation such as fire, spill, release
or explosion, such that the facility responsible for the release must immediately
begin appropriate response activities independently of City's direction or
oversight;
Attachment D-47
b. An emergency such that a facility has to close because of a catastrophic event,
where the facility can extend the ten (10) day period of Section D(2), but must
implement BMPs before it reopens;
c. A collapse of the storm sewer system or other event that forecloses the Airports
and/or City from performing its obligations under the City Permit due to lack of
capacity.
E. Permit Changes
Airport Permittee acknowledges that the terms and conditions of the City Permit may
change from time to time, and upon prior written notice from City to Airport Permittee of
proposed changes, Airport Permittee shall be given the opportunity to submit comments
to City prior to negotiations with the appropriate governmental entity(ies) for permit
modifications.
F. Covenant of Good Faith
City and Airport Permittee covenant to act in good faith to implement any requirements
imposed by the City Permit, to the end that the purposes of Section 402(P) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(P)) may be achieved. City and
Airport Permittee acknowledge that close cooperation will be necessary to ensure
compliance with any City Permit requirements to promote safety and minimize costs,
and each party agrees to a candid exchange of information necessary to coordinate a
storm water management and monitoring plan.
G. Indemnification
The covenants of insurance and indemnification in favor of City imposed by other
provisions of the Contract shall extend to, and are incorporated into, the provisions of
this Exhibit.
□
By signing below, Airport Permittee agrees to be a co-permittee on City’s NPDES storm water discharge
permit.
Print Name
Company
Signature
Its
Date
□
By signing below, Airport Permittee agrees to obtain its own NPDES storm water discharge permit, opting
out of the City Permit.
Print Name
Company
Signature
Its
Date
654774v2-10/17/06
Attachment D-48
EXHIBIT K
[BANK]
IRREVOCABLE STANDBY LETTER OF CREDIT
NO. ______________
To:
City of Phoenix – Beneficiary
(Department/Office) (Address)
Applicant:
Amount:
$
Expiration Date:
We hereby establish our irrevocable Standby Letter of Credit No. _________ in your favor available
against sight drafts drawn on (name of bank) at the office of the undersigned located at (must be
in Phoenix Metro Area), accompanied by the following documents:
1. A certificate purportedly signed by the Aviation Director or his or her designee stating one or
more of the following:
A. The City of Phoenix is drawing against (name of bank) Letter of Credit No.
as
(name of contractor/other applicant)
has failed to perform its obligations
under/failed to comply with (name of agreement/document
) and the City requires
payment under this Standby Letter of Credit of $
.
B. The City of Phoenix is drawing against (name of bank) Standby Letter of Credit No.
as (name of contractor/other applicant)
has failed to provide a replacement
letter of credit prior to sixty (60) days before the expiration date as required by [the City/
(name of agreement/document).]
2. This original letter of credit for endorsement.
Partial and multiple drawings are permitted under this Standby Letter of Credit.
Unless otherwise stated, all documents are to be forwarded to us by mail, or hand delivered to
our counters.
Documents to be directed to:
.
We hereby agree that this Standby Letter of Credit shall be duly honored upon presentation and
delivery of the certification specified above.
Except as otherwise stated herein, this Standby Letter of Credit is subject to the International
Standby Practices (ISP98), International Chamber of Commerce Publication No. 600, and, as to
matters not governed by ISP98, shall be governed by and construed in accordance with the laws of
Arizona, without regard to principles of conflicts of law.
[Bank]
By:
Attachment D-49
Authorized Signature
Attachment D-50
1
EXHIBIT L
MONTHLY FUEL VEHICLE REPORTING FORM
ALL FUELING OF FUEL VEHICLES MUST BE REPORTED MONTHLY USING THE FOLLOWING FORMAT.
MAIL OR DELIVER REPORT TO:
CONTRACTOR: _____________________ ____
AGREEMENT #: _____________________________
VEHICLE FLEET #: ________
_____
VIN: _______________________________________
CITY OF PHOENIX
AVIATION DEPARTMENT
OPERATIONS – GROUND TRANSPORTATION
3300 SKY HARBOR BLVD.
PHOENIX, AZ 85034
TYPE OF FUEL
FUEL TANK CAPACITY: _______________________
MONTH:
FUELING DATE
YEAR
QUANTITY RECEIVED
MILEAGE
I, THE UNDERSIGNED, CERTIFY THE ABOVE INFORMATION IS CORRECT AND IN ACCORDANCE WITH THE TERMS OF ABOVEREFERENCED AGREEMENT.
SIGNED:
DATE:
___________
MONTHLY REPORT DUE ON OR BEFORE THE 10TH DAY OF EACH MONTH FOR THE PREVIOUS PAST MONTH. COPIES OF FUEL
RECEIPTS FOR DUAL-FUEL VEHICLES MUST BE MAINTAINED IN THE CONTRACTOR’S FILES FOR AUDIT PURPOSES.
Attachment D-51
EXHIBIT M
DATA COLLECTION FORM
Contractor: ______________
Contract Number: ____________________
Time Period Covered by this Report: _______________________________
CONTRACTOR DBE STATUS
The prime contractor IS
IS NOT
a certified DBE. (Circle one.)
Beginning and expiring dates of current DBE certification: ________ to __________
Agency that grant your DBE certification: __________________________________
DBE SUBCONTRACTING ACTIVITY
Please indicate any subcontracting DBE utilization for goods or services that occurred
for this business opportunity during the past year.
Name of Subcontractor/Vendor
Start & Expiration Dates of Current DBE Certification
Agency Granting DBE Certification
Dates of Payments
Attachment D-52
Payment Amounts and
Cumulative Totals Per
Subcontractor/Vendor
CITY OF PHOENIX
Aviation Department
___________________________________________________________________________
ATTACHMENT E
Data Collection Form
Name of Proposer: _____________________________________________
1. Does the Proposer hold any of the following certifications with the City of Phoenix?
(Circle any that apply)
_____ Minority Owned Business (MBE)
_____ Woman Owned Business (MBE)
_____ Disadvantaged Business (DBE)
_____ Small Business (SBE)
2. Please list all third party subcontractors/goods & service providers that will participate on
this contract.
Company Name
Work/Product Provided
NOTE: The City requires that the successful proposer submit a monthly report to the
Aviation Department detailing all contract funds expended to third party
subcontractors and/or goods & general service providers. If selected for award of this
contract, the proposer herein agrees to comply with this requirement.
While no required MBE/WBE/SBE/DBE utilization goal has been established for this
contract, the City strongly encourages the participation of MBE/WBE/SBE/DBE firms
on City of Phoenix contracts.
Attachment E-1

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