Airport Parking Facilities Management Services Request for Proposal

Transcription

1 Airport Parking Facilities Management Services Request for Proposal Des Moines International Airport 5800 Fleur Drive Des Moines, IA All proposals are due before 10:30a.m., CST, January 29, 2018, and must remain valid for 120 days from the RFP due date. One original and four copies of the proposal must be submitted to: Des Moines Airport Authority Attn: Contracts Manager 5800 Fleur Drive, Suite #207 Des Moines, IA (515) Proposers wishing to respond to this RFP or receive addendums may attend the Pre-Proposal meeting at 10:30 a.m., CST, on January 8, Requests for clarification regarding this RFP must be made to the Contracts Manager at no later than 5:00 p.m., CST, January 10, Written answers to requests for clarification will be available no later than 3:00 p.m., CST, January 12, An electronic copy of this Request for Proposal and any written response(s) to requests for clarification will be available at

2 AIRPORT PARKING FACILITIES MANAGEMENT SERVICES DES MOINES INTERNATIONAL AIRPORT DES MOINES, IOWA Proposals are being requested for a Management Services Agreement for the Airport Parking Facilities at the Des Moines International Airport. These proposals will be opened by the Contracts Manager at the above specified date and time and a recommendation from Authority staff will be presented to the Des Moines Airport Authority Board. 1. On Monday, January 8, 2018, at 10:30 A.M. CST, a pre-proposal meeting will be held in the Cloud Room of the Airport Terminal Building to receive inquiries concerning this request for proposals. Participants are encouraged to submit questions in advance to the Contracts Manager at scdawson@dsmairport.com. 2. A written response to all inquiries in the form of an addendum will be posted to the Authority website. 3. In all cases, no verbal communications will override written communications and only written communications are binding. 4. The Des Moines Airport Authority reserves the right to schedule Proposer interviews at its discretion in order to fully evaluate competing proposals. 5. Contents of the RFP Section 1: Summary of the Request for Proposals...3 Exhibit A: Airport Parking Facilities.10 Exhibit B: Passenger and Parking Statistics...11 Exhibit C: Rates for Public & Employee Parking..12 Exhibit D: Sample Flight Schedule Section 2: Standard Provisions and Requirements for RFPs Attachment 1: Non Collusion Affidavit..21 Attachment 2: Proposer s Certification Regarding Insurance 22 Sample Management Agreement included as separate document. 2

3 SECTION 1 REQUEST FOR PROPOSALS AIRPORT PARKING FACILITIES MANAGEMENT SERVICES AT DES MOINES INTERNATIONAL AIRPORT DES MOINES, IOWA REQUEST FOR PROPOSALS The Des Moines Airport Authority ("Authority"), as owner and operator of the Des Moines International Airport ("Airport"), hereby requests proposals from interested and qualified parking facility operators ("Proposer") desiring to operate the parking facilities and provide related services at the Airport for a minimum period of five years commencing on or around May 1, The management services provided will be in accordance with the specific provisions of a management agreement, a copy of which is attached ("Management Agreement"). 2. PROPOSER QUALIFICATIONS To be considered qualified, the Proposer must demonstrate at least five years successful experience in the management and operation of a public parking facility that includes a minimum of 1,000 revenue-generating parking spaces that involved gross receipts of $2,000,000 or more per year. Familiarity with Skidata revenue control systems is not mandatory, but will be given additional consideration. The Authority reserves the right to disqualify any Proposer who, during the past five years, has had an agreement or contract canceled, or threatened to be canceled, by a public agency for cause including either failure to perform or illegal activity. 3. BACKGROUND The Airport is a commercial service airport serving central Iowa with facilities to accommodate all phases of air transportation including scheduled air service, general aviation, air cargo operations, and military activities. During calendar year 2016, the Airport accommodated approximately 2.5 million airline passengers, 71,000 aircraft operations, and 68,600 U.S. tons of air freight and mail. The Airport is situated on approximately 2,750 acres of land on the southwest side of the City of Des Moines, Iowa. Major tenants of the Airport include: six commercial passenger airlines, two major air cargo airlines, six car rental agencies, restaurant and gift shop concessionaires, two general aviation fixed-base operators, U.S. Customs Office, FAA Facilities, and the Iowa Air National Guard Headquarters. See Exhibits A, B, C and D for additional background statistics. The Authority s public parking lots operate on Skidata software and hardware. The software is version V9. 3

4 4. COMPLETING AND SIGNING PROPOSALS A. Each Proposer must complete and sign their proposal. The proposal must be signed by an authorized official representing the company. The Proposer's full business address must be given. Proposals by partnerships must be signed by one of the general partners. Proposals by corporations must bear the proper corporate name, indicate the state of incorporation, and shall be signed by an officer authorized to bind the corporation. B. Each proposal must be tabbed, organized, and submitted in the following format (deviations may result in disqualification): TAB SUBJECT I. Executive Summary (including how Proposer meets minimum requirements, and any special corporate competencies that would contribute to the success of the operation, etc.) II. III. Management Fee Proposal Pro Forma Operating Statements (first year required, subsequent years optional. Please use the revenue and expense categories provided in Exhibit B of this RFP) IV. Cash Control and Management Plan V. Shuttle Bus Maintenance and Replacement Plan VI. Proposed Management Staff (including local general manager and staff who would have direct oversight of DSM s operations) VII. References VIII. Required Documents (i.e., Non-Collusion Affidavit and Proof of Insurance) C. By submission of the proposal, the Proposer agrees to the terms set forth in the attached Management Agreement. Any exceptions to the Management Agreement must be explicitly stated in the proposal. 5. GENERAL PROVISIONS A. If there is any conflict between the wording in this Summary and the Management Agreement, the Management Agreement will prevail. B. If there is any conflict between the wording in this Summary and Section 2, the Standard Provisions and Requirements for Requests for Proposals, Section 2 will prevail. C. The selected Proposer will be required to use the Airport's telephone system for any telecommunication needs. 4

5 6. OPERATING OR OWNING COMPETING PROJECTS A. The selected Proposer shall not engage in any activity or participate in any arrangement that conflicts or has the potential to conflict with an obligation to maximize revenue from the Airport's parking facilities. To that end, the selected Proposer or related entity shall not engage in or in any way be associated with the operation of an automobile parking lot or parking structure within one mile of Airport property, for which it has the right to determine the fee for parking or from which it derives a fee based on a percentage of the revenues of such facility during the term of this Agreement unless such off-airport facility is operated in conjunction with a revenue enhancement plan for the Airport Parking Facilities and the plan is approved in advance by Authority. B. An entity is any individual, corporation, limited liability company, partnership or other legal entity. Proposer is a "related entity" to another entity if there is any common ownership of each entity or if the same individual is an officer in each entity or if an owner of any part of one entity is an officer in the other entity. An entity is a "related entity" to an individual if that individual owns any part of such entity or is an officer of such entity. The determination of a related entity shall be at the sole discretion of the Authority. 7. SCOPE OF OPERATION A. The selected Proposer will be required to provide the management services, equipment, and personnel necessary to efficiently operate public parking facilities at the Airport on a 24-hour basis. Subject to the provisions of the attached Management Agreement, the selected Proposer shall be required to provide the following services: shuttle bus service, emergency vehicle starting services, coordination of the towing/impound of illegally parked vehicles, and invoicing and collection of airport employee parking, aircrew parking, and validation accounts. B. The selected Proposer will be responsible for the cleaning and maintenance of the parking facilities and equipment as specified in the included Management Agreement. The cost of maintenance, cleaning and repairs, including personnel, equipment, and supplies are considered reimbursable operating expenses as provided for under Article 15 of the Management Agreement. The Authority maintains a pavement scrubber and a sweeper to be used by Proposer in the cleaning and maintenance of the Airport Parking Facilities. C. The selected Proposer shall provide first response to any automation problems that occur with the parking automation system as provided for under Article 9 of the Management Agreement. The first response shall include but not be limited to preventive maintenance, restocking of tickets, replacement of gate arms, resetting processors, and the exchange of basic system components to include transports, cashier station computers and screens, printers, etc. The Authority will provide 5

6 second level support via its maintenance agreement with a registered Skidata vendor. The maintenance agreement is not an operating expense for the selected Proposer and will be paid for by the Authority. D. The selected Proposer will be responsible for plowing snow from, and spreading sand and ice control chemicals on, the entrance and exit lanes, ramps and parking surfaces of the garages and public and employee surface parking lots. The Authority will be responsible for removing piled snow from designated areas in the parking structures and surface lots. E. The selected Proposer will be responsible for the procurement and operation of shuttle buses, presently providing service to the all Economy lots and the employee lot. Additional shuttle service may be required during the ongoing development of the airport. The selected Proposer is responsible for providing and maintaining the buses to ensure their safe and efficient operation. The Proposer will also provide and maintain all other service vehicles (pickups, vans, etc.) to be used by Proposer's personnel in the day-to-day operation of the parking facilities. F. All revenue derived from the Airport parking facilities will remain the property of the Authority; consequently the selected Proposer will be required to comply with the accounting and reporting procedures outlined in Article 14 of the Management Agreement. The Authority bears the cost of credit card processing, however, the selected Proposer will be responsible for the revenue control processes for credit card processing. In accordance with provisions of Article 15 of the Management Agreement, and subject to the approval of the Executive Director, eligible operating expenses will be reimbursed to the Proposer on a monthly basis. 8. FINANCIAL ACCOUNTING RESPONSIBILITIES The selected Proposer shall agree to the accounting procedures set forth in Article 14 of the Management Agreement. In addition, Proposer is required to implement procedures and practices designed to provide a secure environment for handling cash receipts, deposits, and credit card processing, including retention of subcontractors to help fulfill those responsibilities. Management practices of Proposer must allow for effective use of personnel and resources. All formal reports presented to the Authority must be concise, complete and accurate. Invoices submitted to the Authority for the management fee and reimbursement of eligible operating expenses are processed upon receipt. Payment terms will be controlled by the selected Proposer, but the Authority generally expects to receive invoices complete with supporting documentation within fifteen (15) days of the end of each month. 6

7 9. FACILITIES, EQUIPMENT, AND TRAINING A. The Parking Facilities at the Airport include two (2) four-story parking structures that include both long-term and short-term parking, a short-term surface lot, a long-term surface lot, five economy surface lots, and an employee parking surface lot as shown on Exhibit A. During the term of the Agreement, the Authority reserves the right to reduce the number of parking spaces available, open additional temporary or permanent parking areas, or make any other modifications to the existing parking facilities to accommodate the public. Any future additional responsibilities assumed by the selected Proposer will be addressed by an amendment to the agreement. B. Proposer should include in its response its familiarity in operations with the following revenue-control equipment: (1) Skidata equipment i.e. gates, ticket columns, and validators; (2) Skidata Revenue Control System including, but not limited to, software associated with the system, setup, maintenance, and reports; (3) Magnetic stripe tickets for transients, value cards, proximity passport plus, credit card exit verifiers and power pads with associated validators, printers, and data caps associated with automatic credit card verification. C. Proposer shall be responsible for training its personnel in the latest versions of the above equipment. Proposer should conduct its own field check to verify make, type, and model of equipment. D. Proposer shall be responsible for operating a 24 hour per day shuttle service to the surface lots listed in Exhibit A. Currently there are shuttle bus shelters located at the Terminal Building, the economy lots, and the employee lot. During the term of the Agreement, the Executive Director may designate alternative shuttle bus pick-up points. 10. EMPLOYEE QUALIFICATION AND SPECIFICATIONS The successful Proposer shall select honest, competent, and courteous personnel to be employed at the Airport and shall train, supervise and maintain proper oversight over all its employees to ensure their integrity and the maintenance of an honest and high standard of service to the public, which standard will be determined at the sole discretion of the Authority. The successful Proposer shall follow the hiring processes set forth in its proposal and shall perform reasonable employment screening including, but not limited to, requiring all newly hired employees to submit to the Airport's security badge issuance process and criminal background review. The selected Proposer shall be responsible for ensuring that all requirements set forth in Article 11 of the Management Agreement concerning employees are met. 7

8 11. ACTIVITY SUMMARY AND RATES A. A summary of selected activity related to public parking at the Airport can be found in Exhibit B. B. Attached for Proposer's information in Exhibit C are the current rates for the various parking areas. The Authority Board may adjust rates at its sole discretion. 12. SELECTION CRITERIA (Formal Proposal and Interview) Management Fee Proposal 0-25 Points The lowest management fee proposal submitted will be assigned 25 points. All other proposals will each be assigned points on a statistical basis corresponding to its position between the lowest and highest fee proposals. Cash Control and Management System 0-15 Points A summary of procedures used to control and secure the receipt of daily cash and credit card receipts, including integration with the Proposer's financial reporting system, is to be included with the proposal. NOTE: It will be within the sole discretion of the Authority to determine the viability and soundness of each plan, and to accept or reject a plan in its entirety or in part. Particular emphasis will be placed on the ability to most effectively use available resources in the cash receipt cycle, and on the ability to integrate data from the Airport's computerized revenue control system into Proposer's revenue control and reporting processes. Experience and References 0-20 Points Points will be assigned based on Proposer's successful experience in managing and operating public parking facilities over the past five years. Particular weight will be given to favorable references and qualifications of the key personnel, including the local manager. Shuttle Proposal 0-20 Points Points will be assigned based on the Proposer s plan to procure the necessary shuttles needed to meet the requirements of Article 8 of the Management Agreement. Additional Factors 0-20 Points Additional points will be assigned based on such items as having a successful prior parking management agreement with Authority, having experience with Skidata revenue control systems, and having any other special equipment, facilities, or capabilities that would contribute to the success of the operation. 8

9 13. REQUIRED PROVISIONS The final executed agreement will contain provisions required by the FAA, including but not limited to: non-discrimination, civil rights, just services, exclusive rights, disadvantaged business enterprise (DBE) and will be subordinate to agreements between the Authority, the United States of America, and the state of Iowa. 14. INSURANCE AND INDEMNITY REQUIREMENTS The selected Proposer shall purchase and maintain insurance in accordance with the insurance requirements set forth in the attached Management Agreement to protect the selected Proposer and Authority throughout the duration of this Agreement. The selected Proposer shall not commit any act which might invalidate any policy of insurance. The selected Proposer shall defend, indemnify and hold harmless the Authority in accordance with the indemnification requirements set forth in the attached Management Agreement. The selected Proposer shall be subject to all terms and provisions set forth in the Insurance Endorsements in the Management Agreement. THIS SUMMARY IS INTENDED TO BE A BRIEF OVERVIEW OF THE PROPOSAL PROCEDURES AND AGREEMENT PROVISIONS FOR THE MANAGEMENT SERVICES FOR THE AIRPORT PARKING FACILITIES AT THE DES MOINES INTERNATIONAL AIRPORT. THE PROSPECTIVE PROPOSERS SHOULD REVIEW THE ATTACHED MANAGEMENT AGREEMENT FOR THE ACTUAL PROVISIONS THAT WILL BE APPLICABLE. 9

10 EXHIBIT A AIRPORT PARKING FACILITIES 272 STALLS 259 STALLS 85 STALLS NOT INCLUDED 1,732 STALLS NOT INCLUDED 658 STALLS 392 STALLS 841 STALLS 727 STALLS 295 STALLS NOT INCLUDED 10

11 EXHIBIT B PASSENGER AND PARKING STATISTICS CY2013 CY2014 CY2015 CY2016 CYTD2017* ENPLANEMENTS 1,101,524 1,157,235 1,180,764 1,237, ,123 VEHICLES PARKED 464, , , , ,770 GROSS REVENUES $9,788,919 $10,295,017 $10,665,082 $11,537,767 $9,436,058 --HOURLY 1,162,650 1,107,308 1,074,804 1,150, ,197 --LONG-TERM 6,028,896 6,353,042 6,714,162 7,144,714 5,777,105 --ECON 1 705, , , , ,111 --ECON 2 809,512 1,013,392 1,084,004 1,198,987 1,003,481 --ECON 3 935, , , , ,544 --ECON ,875 13,309 16,608 33,750 --MONTHLY/ VALIDATIONS 146, , , , ,870 TOTAL EXPENSES ($1,518,726) ($1,613,906) ($1,554,153) ($1,606,335) ($1,264,980) --SAL/WAGES (892,207) (904,168) (922,476) (911,369) (719,328) --PR TAX/401(K) (98,412) (99,746) (101,759) (102,584) (81,710) --HEALTH INS. (113,459) (120,704) (152,787) (155,289) (137,122) --UNIFORMS (1,043) (36) (456) (696) (441) --SUPPLIES (6,950) (6,636) (2,951) (4,726) (3,632) --OFFICE SUPP. (4,139) (4,410) (4,370) (5,294) (3,276) --PRINT/TKTS (13,183) (17,191) (7,229) (19,349) (11,777) --REP & MAINT (25,363) (24,399) (6,778) (3,430) (3,210) --SNOW REMOV (104,269) (129,029) (55,018) (94,119) (52,221) --UTILITIES (591) (870) (540) (407) (377) --PHONE/NET (15,532) (15,324) (12,899) (16,407) (10,546) --MGMT FEE (223,166) (275,000) (275,000) (275,000) (229,956) --PROF SVCS. (10,659) (11,497) (9,709) (14,343) (9,158) --MISC (9,753) (4,898) (2,181) (3,322) (2,226) *through September 11

12 EXHIBIT C RATES FOR PUBLIC & EMPLOYEE PARKING Unless otherwise specified by a separate lease or other agreement, fees for parking vehicles at the airport will be as follows, effective January 1, 2018: Hourly Parking: $1.00 per 20 minutes or fraction thereof to a maximum of $32.00 per 24-hour period. Premium Long-Term Parking: $2.00 per hour or fraction thereof to a maximum of $24.00 for each 24-hour period Long-Term Parking: $2.00 per hour or fraction thereof to a maximum of $14.00 per 24-hour period. Economy Parking One: $2.00 per hour or fraction thereof to a maximum of $5.00 per 24-hour period. Economy Parking Two: $2.00 per hour or fraction thereof to a maximum of $7.00 per 24-hour period. Economy Parking Three: $2.00 per hour or fraction thereof to a maximum of $10.00 per 24-hour period. Economy Parking Four: $2.00 per hour or fraction thereof to a maximum of $5.00 per 24-hour period. Economy Parking Five: $2.00 per hour or fraction thereof to a maximum of $5.00 per 24-hour period. Employee Parking: Airline Crew Parking: Tenant employees with offices or places of business on the airport, who do not have leased vehicle parking areas, shall be permitted to park within a vehicle parking lot assigned by the Executive Director for a fee of $20.00 per month. Aircraft crew of air transportation companies shall be permitted to park within a vehicle parking lot assigned by the Executive Director for a fee of $30.00 per month. 12

13 EXHIBIT D SAMPLE FLIGHT SCHEDULE DEC

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16 SECTION 2 STANDARD PROVISIONS AND REQUIREMENTS FOR REQUESTS FOR PROPOSALS (RFPs) 1. Proposal Must Be Signed by Proposer or Its Officer or Designated Agent A proposal submitted in response to the Authority's Request for Proposals shall be signed by the Proposer if an individual, or by an officer of the proposing firm, or by a designated agent empowered to bind the firm in a contract. 2. Partnership and Joint Venture Proposals; Use of Corporate Name or Fictitious Corporate Name A. If a proposal is submitted by two or more persons acting as a partnership, the names of the persons appearing on the proposal must be followed by the notation -- "a partnership", or words of similar import. B. If a proposal is submitted by two or more persons or corporate entities as a joint venture, the names of the persons or entities appearing on the proposal must be followed by the notation -- "a joint venture". In that instance, the proposal must also be signed by all such persons and/or the authorized agents of all such entities. Joint venture proposals shall identify which person or firm will act as lead person of firm. Any proposal from a joint venture that fails to meet the above requirements will be subject to rejection. C. In submitting a proposal and in entering into a contract in response to an RFP, a corporate entity may use its fictitious corporate name in addition to its legal corporate name, if the fictitious name is appropriately registered with the Iowa Secretary of State. Proposers are advised to exercise care in the use of any fictitious name for their firms. 3. Communication with Authority During RFP Process Upon issuance of this RFP, Proposers shall not communicate in any way with any Authority employee other than the Contracts Manager regarding the terms or provisions of this RFP. Questions about this RFP are to be in writing and directed to the Contracts Manager, and will either be addressed at the pre-proposal meeting described in Section 4 below, or in a written addendum to the RFP to be issued after the meeting. 4. Pre-Proposal Meeting A pre-proposal meeting will be held at the time and place listed in the RFP Summary. All persons or entities interested in or intending to respond to the RFP are encouraged to attend the pre-proposal meeting. At the meeting, any person or entity interested in or 16

17 intending to respond to the RFP may present, orally or in writing, inquiries as to any term, provision, or requirement of the RFP. Authority staff will be present at the meeting to discuss the inquiries raised or presented to the Authority at the meeting or presented to the Authority in writing as provided in Section 3 above. Remarks made during discussions at the meeting by any Authority official or employee will not be binding upon the Authority or be deemed to be the Authority's official response or position regarding any inquiries discussed at said meeting. 5. Authority's Response to Proposer Questions, Objections, and Requests for Clarification or Interpretation The Authority's Contracts Manager will respond in writing to all inquiries presented to the Authority as provided in Section 3, above, or raised or presented at the pre-proposal meeting as provided in Section 4, above. The Authority's written response will be made available on the Authority s website. Only the Authority's written responses will be considered to be the Authority's official response binding upon the Authority. In addition to making a written response, the Authority may issue addenda amending the RFP by changing or deleting the provisions of, or adding provisions to, the RFP. 6. Collusion Affidavit Required Any agreement or collusion among Proposers or prospective Proposers, in restraint of freedom of competition by agreement to propose a fixed price or otherwise, will render the proposals of such Proposers void. Proposers will be required to execute and submit with their proposals a Non-Collusion Affidavit in the form appended hereto as Attachment 1. Any disclosure by one Proposer to another Proposer of the content of a proposal in advance of the submission of proposals will render the proposals of both such Proposers void, and may at the discretion of the Contracts Manager render the RFP proceedings void. 7. Proposals Not Confidential; Proposer Requests for Confidentiality under Iowa Open Records Law, Chapter 22 of Iowa Code; Disclosure of Proposal Content Under Iowa Code chapter 22, "Examination of Public Records", all records of a governmental body are presumed to be public records, open to inspection by members of the public. Section 22.7 of the Iowa Code sets forth a number of exceptions to that general rule, establishing several categories of "confidential records". Under this provision, confidential records are to be kept confidential, "unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information". Among the public records which are considered confidential under this Iowa Code provision are the following: 3. Trade secrets which are recognized and protected as such by law. 6. Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. 17

18 The Authority, as custodian of the proposal submitted in response to a Request for Proposals, may, but is not required, to keep portions of such proposals confidential under exceptions 3 and 6 noted above. If a responding individual or company determines that a portion or portions of its proposal constitute a trade secret, or should otherwise be kept confidential to avoid giving advantage to competitors, a confidentiality request may be submitted with the proposal identifying which portion or portions of the proposal or bid should be kept confidential and why. The burden will be on each individual Proposer to make a confidentiality request and to justify application of a confidentiality exception to its proposal. The Authority will not under any circumstance consider the entire proposal to be a confidential record. If a request is made by a member of the public to examine a proposal including the portion or portions for which a confidentiality request has been made, the Authority will notify the Proposer and will keep confidential that portion of the proposal covered by the confidentiality request, pending action by the Proposer requesting confidentiality to defend its request. In that notification, the Proposer requesting confidentiality will be given not more than five calendar days within which to file suit in Polk County District Court seeking the entry of a declaratory order and/or injunction to protect and keep confidential that portion of its proposal. Absent such action by a Proposer requesting confidentiality the entry of a court order declaring such portion or portions of the proposal confidential, the entire proposal will be released for public examination. The Proposer shall indemnify the Authority for any attorneys fees and court costs the Authority may incur or that be awarded against it as a result of complying with the Proposer's request for confidentiality. 8. Proposers to Provide Evidence of Ability to Obtain Insurance and/or Bond Each Proposer shall provide evidence satisfactory to the Authority that it can obtain the required insurance coverages and/or bond. For this purpose, each Proposer shall submit with its proposal the certification form appended to this RFP as Attachment 2, in which the Proposer's insurance agent and/or bonding agent certifies that the Proposer can obtain the required insurance coverages and/or bond. Failure to submit the required certifications form will be grounds for rejection of the proposal. 9. Procedure for Evaluation and Recommendation as to Selection of Best Proposal A. Competing proposals submitted in response to the RFP will be evaluated by Authority staff. The Authority staff will utilize the evaluation criteria and scoring methodology set forth in this RFP in making its determination as to the best proposal. B. Upon completing its evaluation and the scoring of competing proposals, a Notice of Intent to Award will be provided to all competing Proposers by mail, FAX or at least five days prior to the appeal deadline set forth in the Notice of Intent to Award. 18

19 10. Appeal of Authority Staff Recommendation A Proposer who is aggrieved by the Authority staff s determination and recommendation as to the selection of the best proposal, may appeal such determination and recommendation by filing a written objection to the Authority within the appeal deadline set forth in the Notice of Intent to Award. Such objections may be filed in person or by mail, FAX or . In its written objection, the appealing Proposer shall set forth all of its objections to the Authority staff s recommendation and all arguments in support of its objections, and shall attach all documentation supporting its objections upon which it intends to rely. The Authority Board may, in its discretion, hear presentations by the appealing Proposer and by competing Proposers with respect to the appealing Proposer's objections. If the Authority Board agrees to hear presentations, it may limit their length and all Proposers will be given an equal opportunity to speak. The Authority Board's decision will be final. 11. Authority Board Consideration of Authority Staff Recommendation as to Best Proposal When the Authority staff s recommendation comes before the Authority Board for consideration, the Board may request that the recommended Proposer appear before the Board to give a presentation or to answer questions regarding its proposal. Competing Proposers will not be allowed to speak at that time unless a prior request has been made by such a Proposer and permission to speak granted, or unless an Authority Board member requests that the competing Proposer be allowed to speak and the Board consents to such request. 12. Rejection of Proposals The Authority reserves the right to reject any or all proposals in whole or in part received in response to the RFP. The Authority will not pay for any information requested in the RFP, nor is it liable for any cost incurred by a Proposer in responding to the RFP. 13. Formation of Contract A. The successful Proposer shall enter into a contract with the Authority in the form of the attached Management Agreement. B. Upon the Authority's approval of the evidence of insurance submitted by the successful Proposer (if required by the RFP), and upon the Authority's legal representative's review of the form of contract executed by the Proposer, and of the performance bond submitted by the Proposer (if required by the RFP), the Authority Board Chairperson will execute the contract as directed by the Authority Board. 19

20 14. Disposition of Proposals All proposals submitted in response to the RFP shall become the property of the Authority and will not be returned. 15. Title VI Solicitation Notice The Des Moines Airport Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 16. Airport Concession Disadvantaged Business Enterprise (ACDBE) Program This agreement is subject to the requirements of the U.S. Department of Transportation s regulations, 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 40 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements. 17. Attachments. A. Attachment 1: Non-Collusion Affidavit B. Attachment 2: Proposer's Certification Regarding Insurance and/or Bond Certification of Proposer's Insurance Agent Regarding Proposer's Ability to Obtain Required Insurance Coverages; Certification of Proposer's Surety Agent Regarding Proposer's Ability to Obtain Required Bond. 20

21 Attachment 1 NON-COLLUSION AFFIDAVIT The Proposer hereby certifies: 1. That this proposal is not affected by, contingent on, or dependent on any other proposal submitted for any improvement at the Des Moines Airport Authority; and 2. That no individual employed by the Proposer was paid or will be paid by any person, corporation, firm, association, or other organization for soliciting the bid, other than the payment of their normal compensation to persons regularly employed by the Proposer whose services in connection with the making of this proposal were in the regular course of their duties for the Proposer; and 3. That no part of the compensation to be received by the Proposer was paid or will be paid to any person, corporation, firm, association, or other organization for soliciting the bid, other than the payment of their normal compensation to persons regularly employed by the Proposer whose services in connection with the making of this proposal were in the regular course of their duties for the Proposer; and 4. That this proposal is genuine and not collusive or sham; that the Proposer has not colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer or person, to put in a sham proposal or to refrain from making a proposal, and has not in any manner, directly or indirectly, sought, by agreement or collusion, or communication or conference, with any person, to fix the proposal price of Proposer or of any other Proposer, or to otherwise restrain freedom of competition, and that all statements in this proposal are true; and 5. That the individual(s) executing this proposal have the authority to execute this proposal on behalf of the Proposer. Proposer Signature By Name (Print/Type) Title Street Address City, State, Zip Code 21

22 Attachment 2 CERTIFICATION OF PROPOSER'S INSURANCE AGENT REGARDING PROPOSER'S ABILITY TO OBTAIN REQUIRED INSURANCE COVERAGE I hereby certify that my client, as identified below, will be able to meet all of the insurance requirements of Attachment 2, has been advised of any additional costs associated with doing so, and has agreed to obtain such coverages if selected as the successful proposer of the RFP to which my client has responded: Legal Name of Proposer: Name/Address/Phone/FAX # of Insurance Agency: Phone FAX Name of Agent/Broker (Print): Signature of Agent/Broker: Date of Signature: Signature and stamp of Notary Republic 22

23 [SUCCESSFUL PROPOSER] MANAGEMENT AGREEMENT FOR AIRPORT PARKING FACILITIES DES MOINES INTERNATIONAL AIRPORT DES MOINES AIRPORT AUTHORITY DES MOINES INTERNATIONAL AIRPORT 5800 FLEUR DRIVE, ROOM 207 DES MOINES, IOWA

24 TABLE OF CONTENTS Article Description Page # 1. DEFINITIONS Definitions Agreement 8 2 PURPOSE AND DESCRIPTION Description of Assigned Parking Area Modification of Assigned Parking Area Additional Parking Services 9 3. TERM OF AGREEMENT 9 4. OPERATOR COMPENSATION Operator's Management Fee Compensation Reimbursable Operating Expenses Charges to Operator for Unaccounted For Tickets Compensation for Additional or Withdrawn Parking Spaces RATES AND HOURS OF OPERATION Rates Monthly Account Billing Parking Validation Hours of Operation USE OF ASSIGNED PARKING AREA Assigned Parking Area Overflow and Additional Parking Areas Office and Storage Areas MANAGEMENT SERVICES Operations Manual Minimum Basic Services Consultation with Operator VEHICLE OPERATIONS, MAINTENANCE, AND RESPONSIBILITY Vehicle Ownership and Maintenance Vehicle Operations 14 2

25 Article Description Page # 9. MAINTENANCE AND REPAIR OF AIRPORT PARKING FACILITIES General Maintenance and Cleaning Equipment Maintenance Snow Removal RIGHT TO INSPECT AND MAKE REPAIRS STANDARDS OF SERVICE AND PERSONNEL Service Standards Operator's Representative Manager Employee Qualifications Employee Salaries and Benefits Carry-Over Employee Vacation and Sick-Time ENVIRONMENTAL REGULATIONS Environmental Representations Violations Fines Resulting From Violations Storm Water Regulations Chemicals INSURANCE AND INDEMNIFICATION General Insurance Requirements Indemnification Waiver of Subrogation Provision ACCOUNTING AND RECORDS Accounting System Bank Account Additional Services for Operator Correctness of Reports Preservation of Reports Emergency Starting Service Revenue Control Plan Approval of Operator's Annual Budget PAYMENT OF EXPENSES Operating Expenses Miscellaneous Expenses 28 3

26 Article Description Page # 16. ASSIGNMENT Authority Consent Transfer of Stock Change in Corporate Name Subcontracting OFF-AIRPORT PARKING OPERATION PROHIBITION Boundary Related Entities Authority's Right to Cancel TERMINATION Termination Bankruptcy Final Decision No Reimbursement FAA PROVISIONS Compliance with Nondiscrimination Requirements List of Pertinent Nondiscrimination Acts and Authorities Civil Rights Exclusive Rights Subordination to Agreements Federal Fair Labor Standards Act Occupational Safety and Health Act GENERAL PROVISIONS Rules, Regulations, and Policies Compliance with Law Reservations of Rights Successors and Assigns Bound by Covenant Warranty Governing Law, Forum and Jury Waiver Nonwaiver of Rights Severability Force Majeure Amendments Licenses and Permits Taxes and Assessments Compliance with Federal Aviation and Transportation Security Regulations Right to Amend 36 4

27 Article Description Page # EXHIBITS War or National Emergency Subordination to Bond Resolution American with Disabilities Act Agreement Construction Representations of Parties No Third Party Beneficiaries Notices Waiver of Visual Artists Rights Liens Authority s Right to Make Good Default Rights and Remedies Cumulative Certification Survival WAIVER OF JURY TRIAL Independent Contractor Legal Fees 40 EXHIBIT A ASSIGNED PARKING AREAS 42 EXHIBIT B INSURANCE ENDORSEMENTS 43 EXHIBIT C OPERATOR'S RESPONSE TO MANAGEMENT SERVICES AIRPORT PARKING FACILITIES REQUEST FOR PROPOSALS 44 5

28 MANAGEMENT AGREEMENT FOR AIRPORT PARKING FACILITIES DES MOINES INTERNATIONAL AIRPORT DES MOINES, IOWA This Agreement is made this day of, 2018, between the DES MOINES AIRPORT AUTHORITY, ("Authority") and [Successful Proposer], a corporation incorporated under the laws of the state of and qualified to do business in the state of Iowa, with its principal place of business in, ("Operator"). RECITALS WHEREAS, Authority owns and operates the Des Moines International Airport ("Airport") and, as a component of the Airport's operations, the Airport Parking Facilities; and WHEREAS, Authority distributed a Request For Proposals seeking a qualified management company to manage and operate the Airport Parking Facilities; and WHEREAS, in response to Authority's Request for Proposals, Operator submitted a Proposal dated, 2018 ("Proposal"); and WHEREAS, Authority's evaluation committee evaluated all proposals received, and determined Operator's to be the best overall proposal; and WHEREAS, Operator warrants that it is able and experienced in operating and managing commercial parking facilities, and is ready, willing and able to undertake and manage the Airport Parking Facilities. NOW, THEREFORE, the parties agree as follows: 6

29 Article 1 DEFINITIONS 1.01 Definitions. The following words and phrases, wherever used in this Agreement, shall have the following meanings: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) "Airport" means the Des Moines International Airport. "Authority Board" means the Des Moines Airport Authority Board. "Airport Parking Facilities" means the Assigned Parking Areas and all equipment and structures associated with those areas, as well as all office and storage areas specifically assigned to the Operator within the Agreement. "Assigned Parking Areas" means those areas of Airport that are designated for public, employee, or commuter parking as described in Exhibit A to this Agreement or as otherwise designated by the Executive Director. "Executive Director" means the Executive Director of the Airport Authority or his designee. "FAA" means the Federal Aviation Administration of the United States Government or any federal agencies succeeding to its jurisdiction. "FAR" means Federal Aviation Regulations adopted by the FAA. "Management Fee" means the annual fee paid to Operator by Authority for the performance of all duties described in this Agreement. Operating Expenses mean the reimbursable expenses identified as such in Article 15 of the Agreement. "Proposal" means the response submitted by Operator to the Authority's request for proposals, which response is included as Exhibit C to this Agreement. "Rates and Charges" means rates and charges approved by the Board from time to time and charged by the Authority for the use of certain areas and privileges provided to tenants and operators. "Revenue Control Equipment" means all magnetic strip ticket splitters, gate devices, manned exit booths with magnetic strip readers, fee calculators, credit card exit verifiers, access control devices, license plate inventory devices, and related connections as well as all supporting computer software and hardware. "Rules and Regulations" means those policies, ordinances, rules and regulations promulgated from time to time by Authority or the Executive Director for the 7

30 orderly use of Airport by air transportation companies, tenants and users of Airport. (n) (o) "Transportation Security Administration" (TSA) means the Transportation Security Administration of the U.S. Government or any federal agencies succeeding to its jurisdiction. "TSR" means Transportation Security Regulations adopted by the Transportation Security Administration of the U.S. Government or federal agencies succeeding to its jurisdiction Agreement. This Agreement includes: (a) this document, Management Agreement for Airport Parking Facilities, together with its exhibits; (b) the Authority Request For Proposal, dated, including its attachments and exhibits; and (c) the Operator's Proposal dated. The listed documents are to be interpreted so as to give effect to all terms of each and to harmonize their provisions. To the extent there are provisions in the listed documents that are irreconcilable, then the order of precedence is as listed in this section Description of Assigned Parking Area. Article 2 PURPOSE AND DESCRIPTION (a) (b) A description of the Assigned Parking Areas is included as Exhibit A to this Agreement. Authority hereby engages Operator to manage and operate the Airport Parking Facilities pursuant to the terms of this Agreement Modification of Assigned Parking Area. (a) (b) (c) Authority reserves the right to add or subtract to the number of spaces available in the Assigned Parking Areas and to add additional Assigned Parking Areas or to withdraw some or all of the Assigned Parking Areas to accommodate the parking requirements of the Airport, all as may be determined at the sole discretion of Authority. No alterations, reductions or additions to the Assigned Parking Areas may be made except at the direction of and with the written approval of Authority. In accordance with the provisions of Article 4, Authority may adjust Operator's Management Fee for the increased or reduced services to be performed by Operator as a result of the additional or withdrawn parking, except for those areas used for overflow and additional parking as set forth in Section

31 2.03 Additional Parking Services. (a) (b) (c) In addition to managing the parking in the Assigned Parking Areas, Operator is required to provide the following additional services: shuttle bus services; emergency vehicle starting services; towing and impounding of illegally parked vehicles, with the coordination of the Executive Director; and invoicing and collecting parking charges. The equipment necessary to perform the services listed in Section 2.03(a) will be provided solely by Operator. In addition, Authority reserves the right to require Operator to provide other services, including but not limited to valet parking services and taxi starting services. Any such future additional responsibilities and the compensation agreed to by Authority and Operator will be set forth in an amendment to this Agreement. Article 3 TERM OF AGREEMENT The term of this Agreement shall be for a period of five (5) years, commencing on May 1, 2018, and ending on April 30, Article 4 OPERATOR COMPENSATION 4.01 Operator's Management Fee Compensation. As compensation for the parking management services, Authority shall pay Operator monthly at the rate of one twelfth of the annual Management Fee of $ Reimbursable Operating Expenses. In addition to the monthly Management Fee, Operator shall be reimbursed on a monthly basis for eligible Operating Expenses Charges to Operator for Unaccounted For Tickets. (a) At the end of each month, Operator shall provide Authority with a calculation of the preceding month s unaccounted for tickets. Unaccounted for tickets will be calculated as follows: 9

32 (A) the number of tickets issued during the month + (B) month beginning inventory of cars - (C) month ending inventory of cars - (D) number of tickets collected during the month - (E) number of drive outs TOTAL OF UNACCOUNTED TICKETS = Month beginning inventory of cars shall be counted at or about 12:01 AM on the first day of the month. Month ending inventory of cars shall be counted at or about 11:59 PM on the last day of the month. (b) (c) Operator shall be charged ten dollars ($10.00) for each unaccounted for ticket that exceeds one percent (1%) of the total parking tickets for the month. The amount will be assessed and subtracted from Contractor s next monthly Management Fee payment, as noted in Section Lost tickets for which Authority has received payment will not be considered unaccounted for tickets and will not count towards the monthly total of unaccounted for tickets. Authority reserves the right to inspect the Airport Parking Facilities and all of Operator's books and records related to tickets and its related revenue control systems Compensation for Additional or Withdrawn Parking Spaces. (a) (b) If Authority increases the number of parking spaces by fifteen percent (15%) or more, as compared to the number of spaces on the date of the signing of this Agreement, Operator may request that the Management Fee be increased. Such a request must show a demonstrable increased burden on Operator as a result of the additional parking spaces. If satisfactorily demonstrated and approved, Authority shall compensate Operator for the additional management and operation services to be performed by Operator. The amount of the additional Management Fee will be in the sole determination of Authority. If Authority reduces the number of parking spaces by fifteen percent (15%) or more, as compared to the highest number of parking spaces available during the term of this Agreement, Authority may reduce the Management Fee to reflect the amount of parking withdrawn. Authority may exercise its right to reduce Operator's Management Fee at any time during the term of this Agreement by giving Operator a thirty (30) day notice in writing of Authority's intention to do so. If Operator disagrees with Authority's intention to reduce the Management Fee paid to Operator, Operator shall submit a written request demonstrating that the management burden will not decrease as a result of the reduction in spaces and therefore the Management Fee paid to Operator should not be reduced. The amount of any reduction to the Management Fee will be at the sole discretion of Authority. 10