1-Pre-Advertisement Notice Draft RFP No. GEN2130575P1, Parking Management Services for Fort Lauderdale-Hollywood International Airport.pdf

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SCOPE OF SERVICES

Parking Management Services for Fort Lauderdale-Hollywood International Airport

Contractor shall provide the following Services during the Term:

1. Services Summary

Contractor shall manage and operate the Parking Facilities twenty-four (24) hours per day, seven

(7) days per week, including all weekends and all holidays, or as otherwise required in writing by the Contract Administrator. In addition to the continuous operation of the Parking Facilities, Contractor shall be responsible for managing all aspects of the Parking Facilities, including but not limited to, staffing and supervision, fee collection and revenue control, maintenance and cleaning, customer service, enforcement of parking regulations, security coordination, and timely reporting of incidents or operational issues to the Contract Administrator.

2. Services Description

Contractor shall provide the following Services during the Term:

A. Providing valet parking services in the Parking Facilities.

B. Providing assistance with self-parking in the Parking Facilities.

C. Managing the inventory, issuance, and use of parking media for the Parking Facilities, including, but not limited to, ticket stock, employee parking decals, and proximity cards, in accordance with Chapter 39 of the Broward County Administrative Code.

D. Monitoring the Parking Facilities to maximize lot usage.

E. Enforcing all applicable parking rules and regulations in connection with the Parking Facilities.

F. Charging users of the Parking Facilities the fees established by Chapter 39 of the Broward County Administrative Code, and collecting such fees.

i. Immediately reporting in writing to the Contract Administrator any and all overcharges or undercharges of the fees established by Chapter 39.

ii. Promptly refunding any overcharged amounts to the applicable users of the Parking Facilities.

iii. Promptly paying any undercharged amounts to County.

G. Handling and immediately reporting to the Contract Administrator in writing all claims made for damage to or within the Parking Facilities.

H. Immediately reporting (via verbal communication) to the Airport Operations Control Center (“AOCC”), and if deemed necessary by Contractor, to the Broward County Sheriff’s Office (“BSO”), any suspicious persons, illegal activities, or incidents involving personal injury or property damage to or within the Parking Facilities. After such verbal report is made to the AOCC and/or BSO, Contractor shall immediately prepare a written report for each reported event and promptly provide a copy of such written report(s) to the Contract Administrator. Contractor must keep each written report on file unless otherwise specified in writing by the Contract Administrator.

I. If the Contract Administrator requests for any vehicle to be towed from the Parking Facilities, Contractor shall make and organize such request to a towing company approved by the Aviation Department. Any and all such vehicles shall be reported to BSO for a potential citation and, as directed by the Contract Administrator, either towed to the applicable towing company site or relocated to a less impacted area within the Parking Facilities.

J. Inventorying and documenting, at a minimum of twice per day, all vehicles parked in the Parking Facilities. Each day, Contractor shall provide County with data and information with respect to each vehicle parked in the Parking Facilities, including, but not limited to, the date the vehicle was parked in the Parking Facilities, a description of the area where the vehicle was parked, the state where the vehicle is licensed, the license plate number, and any other information requested by the Contract Administrator.

Contractor shall utilize license plate inventory equipment provided by County for such data and information gathering.

K. Immediately notifying the Contract Administrator of any defalcation, theft, fraud, embezzlement, or similar activity, or suspicion thereof, by any of Contractor’s employee(s) providing the Services, and, if requested by the Contract Administrator, immediately notifying BSO and/or any other appropriate authority. Contractor shall provide all documents requested by the Contract Administrator relating to any such defalcation, theft, fraud, embezzlement, or similar activity, or suspicion thereof, including, but not limited to, copies of police reports, reports to the bonding company, the bonding company’s findings, and reports of any action taken against such employee(s). All of Contractor’s employees, including the Manager and Key Personnel, must sign a preemployment statement stating that each employee is aware that they may be investigated and prosecuted to the fullest extent permitted by law for any defalcation, theft, fraud, embezzlement, or similar activity while performing the Services under this Agreement.

L. Inspecting the Parking Facilities daily to ensure all elevators, escalators, lighting fixtures, signs, markings, and other infrastructures are clean, free of any hazards, and in working order. Contractor must immediately submit work order(s) documenting and explaining any issues or deficiencies with the elevators, escalators, lighting fixtures, signs, markings, and other infrastructures to the Aviation Department’s Maintenance Division with a copy of such work order(s) to the Contract Administrator.

M. Continuously monitoring the Parking Facilities to prevent, deter, and minimize vandalism, damage, and theft of vehicles and Equipment/Furnishings.

N. Conducting scheduled inspections of the Parking Facilities to ensure all safety standards outlined in the Airport’s Safety Management Systems Manual (a copy of which shall be provided to Contractor by County) are met or exceeded. Contractor must immediately barricade any and all hazardous conditions found to prevent access by the public and immediately report to the AOCC and Contract Administrator verbally, promptly followed by a written report.

O. Immediately notifying (via verbal communication) the AOCC and Contract Administrator when any of the Parking Facilities have reached full capacity.

P. Continuously monitoring the intercom system and immediately responding to calls from users of the Parking Facilities for customer assistance, jumpstarts, and vehicle location.

Q. Reporting any known malfunctions in the intercom system or the revenue control equipment to the parking system equipment provider and coordinating with the parking system equipment provider to assess and solve any and all necessary maintenance and/or repairs to the intercom system or the revenue control equipment.

R. Monitoring the parking guidance system in the Parking Facilities for any known malfunctions or issues and reporting any such malfunctions or issues to the parking guidance system company with a copy of all related correspondence to the Contract Administrator.

S. Immediately reporting to the AOCC, BSO, and the Contract Administrator verbally, promptly followed by written notification, any acts of vandalism (or similar acts) to or within the Parking Facilities. Contractor shall promptly coordinate with an appropriate company approved by the Aviation Department to make any necessary repairs and/or clean up to the affected areas within the Parking Facilities.

T. Closing and/or reopening the Parking Facilities, as requested by the Contract Administrator.

U. Daily collecting, accounting for, and depositing of all Gross Revenues collected during the previous day for the operation of the Parking Facilities, including, self-parking, valet parking, and employee parking, through an armored car service approved by County, by 5:00 p.m., in a bank account designated by County. If Gross Revenues are picked up on a weekend or holiday, such funds shall be deposited in a bank account designated by County no later than 5:00 p.m. on the next business day. Contractor must obtain the Contract Administrator’s written approval prior to any modification to the deposit schedule. All Gross Revenues derived from the operation of the Parking Facilities belong to County and shall be held in trust by Contractor while the funds are in Contractor’s custody and control. If any Gross Revenues are lost, stolen, or otherwise removed from Contractor’s custody and control (without the authorization of County) prior to the deposit of such funds in the bank account designated by County, Contractor shall immediately notify the Contract Administrator and shall be responsible for and shall deposit in said bank account the identical sum of monies within forty-eight (48) hours after such loss, theft, or removal. If such loss, theft, or removal is insured or otherwise secured by Contractor, any payments made to County on account thereof shall be reimbursed by County to Contractor if County has been fully repaid. Contractor shall, during each calendar month of the Agreement, reconcile all payment transactions (for the previous month) to amounts deposited in the County’s designated bank account and provide the Aviation Department with a monthly reconciliation report (“Reconciliation Report”) containing any information requested by the Aviation Department no later than the seventh (7th) calendar day of each month (in a format acceptable to the Aviation Department).

V. Providing various reports and information to the Aviation Department (in a format acceptable to the Aviation Department), including, but not limited to, monthly profit/loss statement, revenue/expense per space by lot, budget performance and variance report, transactional summary by lot, utilization reports by lot, exception transaction trend report by lot, daily lot counts, safety reports, and any other reports or information requested by the Contract Administrator.

i. Within forty-eight (48) hours after each day (or as otherwise provided herein), Contractor shall submit a report to the Aviation Department (in a format acceptable to the Aviation Department) of daily Gross Revenues derived from the operations of the Parking Facilities. The Gross Revenues report must break down payments by type (e.g., cash or card), specify the card type for card payments (e.g., VISA, Mastercard, American Express, or Discover Card), and clearly indicate the gratuity/tip component of the total amount (if any). The Gross Revenues report must also categorize revenues by location, such as short-term or long-term self-parking, valet parking, or employee parking. For holidays or if the report is delayed by factors outside of Contractor’s control and approved in writing by the Aviation Department, such report shall be submitted as soon as possible after such holiday or event of delay.

ii. On or before the 20th day of each month, Contractor shall provide the Aviation Department with a monthly aging report (“Aging Report”) in Microsoft Excel (formatted to allow for accurate calculations of subtotals and totals) and PDF format containing any information requested by the Aviation Department for the preceding month. The monthly Aging Report must include, for each account associated with parking in the Employee Parking Area, the date on which the last payment received was made.

W. Contractor shall monitor all receipts issued by all payment equipment and software located within the Parking Facilities (each a “Pay Station,” and collectively referred to as the “Pay Stations”) for compliance with the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”), Section 1681(c)(g)(1), as may be amended, as follows:

i. Contractor shall review, on at least a daily basis, one (1) credit or debit card receipt issued by each Pay Station to ensure that the card numbers and expiration dates of the applicable card used are properly truncated in accordance with the requirements of the FACTA.

ii. If Contractor discovers any receipt that does not comply with the FACTA, Contractor shall: (i) immediately close the affected Pay Station(s); (ii) promptly report, via written notice (email notice only is sufficient), the noncompliant receipt to County and County’s equipment and software vendor; and (iii) re-open the affected Pay Station(s) only after County and/or County’s equipment and software vendor produces a receipt compliant with the requirements of the FACTA that verifies that the issue has been corrected.

iii. All reasonable amounts actually paid by Contractor to the Pay Stations for the transactions in order to generate the receipts to ensure compliance with the FACTA (i.e., the cost of any credit or debit card transactions made to cause the receipt to be properly issued as set forth above, which transaction costs shall be minimized by Contractor to the greatest extent possible) shall be a Reimbursable Expense.

X. Budgeting for and obtaining all Equipment/Furnishings necessary to operate the Parking Facilities. All Equipment/Furnishings shall be asset tagged through the County Asset Management Program. Contractor shall not dispose of any Equipment/Furnishings except in accordance with County procedures and with the prior written consent of the Contract Administrator.

Y. Performing a driver’s license check on each employee of Contractor performing or involved with the Services and submit a report (in a format acceptable to the Aviation Department) detailing the results of such driver’s license checks to the Contract Administrator within thirty (30) days after the commencement of each Agreement Year.

Z. Managing an online parking reservation system or loyalty programs if requested by the Aviation Department in writing. Contractor, in managing the online parking reservation system or loyalty programs shall comply with any requirements imposed by the Aviation Department in writing.

3. Staffing/Operations:

A. Contractor shall provide all personnel, equipment, and supplies necessary to perform the Services contemplated in this Agreement.

B. Operating Plan.

i. Within five (5) days after the Effective Date or as otherwise extended in writing by the Contract Administrator, Contractor shall submit a Management and Operation Plan (“Operating Plan”) for the period covering the Effective Date through the end of the applicable Fiscal Year. Thereafter, the Operating Plan must be updated on an annual basis to cover the next applicable Fiscal Year, through the expiration or earlier termination of this Agreement, and must be submitted to the Contract Administrator for approval at least thirty (30) days prior to the commencement of each such applicable Fiscal Year. Contractor shall not commence any Services for any Fiscal Year until the Contract Administrator provides written approval of the Operating Plan (as may be updated) for the applicable Fiscal Year. Approval of the Operating Plan by the Contract Administrator shall be at the Contract Administrator’s sole discretion. Contractor shall make all modifications to the Operating Plan requested in writing by the Contract Administrator within the timeframe set forth by the Contract Administrator.

ii. The Operating Plan must include, at a minimum, the following, in as much detail as required by the Contract Administrator:

(a) Emergency Preparedness Procedures

(b) Incident and Safety Management Plan

(c) Hurricane Response Plan

(d) Staffing Plan, including, but not limited to, employee duties and responsibilities (including resumes of all Key Personnel)

(e) Disciplinary Policy

(f) Training Procedures and Motivational Plan

(g) Customer Service Training Program

(h) Spill Prevention, Control, and Countermeasure Plan

(i) Any other plans, procedures, or requirements requested by the Contract Administrator.

(j) Operating Budget: The operating budget must be submitted on a form approved by the Contract Administrator and shall include all Reimbursable Expenses (hereinafter defined) expected to be incurred by Contractor during the applicable Fiscal Year, each on a separate line item.

The operating budget must include all wages and salaries by classifications of employee positions, and any requests for wage or salary increases and the justification for such increases. Such wages and salaries, and any requested increases must be consistent with industry standards based on employee performance and must be approved in writing by the Contract Administrator, in their sole discretion.

iii. Contractor must comply with the rules, regulations, and operating procedures contained within the Operating Plan. A failure to comply with the Operating Plan, as determined by the Contract Administrator, shall constitute a default under this Agreement entitling County to exercise any and all available remedies. The burden of proving compliance with the Operating Plan rests with Contractor.

iv. In the event of any conflict between the terms of the Operating Plan and this Agreement, the terms of this Agreement shall govern and control.

C. Key Personnel. Contractor will ensure that the persons responsible for Contractor’s performance of the Services and, to the extent applicable, identified below (collectively, “Key Personnel”) are appropriately trained and experienced and have adequate time and resources to perform the Services in accordance with the terms of this Agreement. If Contractor seeks or is required to make any change to the composition of Key Personnel, Contractor will provide County with thirty (30) days’ advance written notice (or as much advance notice as is possible if thirty (30) days’ notice is not possible) regarding such changes and the management plan associated with such changes. County shall have the right, in its sole discretion, to approve or reject any proposed changes to Key Personnel. County shall not be responsible for any costs associated with a change in Key Personnel.

If the Contract Administrator determines that any of the Key Personnel have failed to perform their duties, then in addition to all other rights under this Agreement, the Contract Administrator shall have the right to require Contractor to replace such Key Personnel. The Contract Administrator shall notify Contractor in writing of its demand for replacement and Contractor shall effectuate the replacement within thirty (30) days after receipt of the written notice. Contractor must receive the Contract Administrator’s written consent of the replacement Key Personnel.

The Key Personnel shall be as follows:

[LIST KEY PERSONNEL FOR CONTRACTOR]

D. General Manager. The General Manager identified above as Key Personnel shall be in complete control of the Services.

i. The General Manager must work full-time and must not have any employment obligations other than managing the Services at the Airport.

ii. The General Manager must be a highly qualified and experienced manager, with at least five (5) years of experience in managing a parking facility at a large hub, commercial service U.S. airport, unless otherwise permitted in writing by the Contract Administrator.

iii. The General Manager, or, in the General Manager’s absence, an equally authorized and qualified manager, must be available twenty-four (24) hours per day, seven (7) days per week, including all weekends and holidays observed by Contractor and/or federal, state, and county governments.

iv. The General Manager, or, in the General Manager’s absence, an equally authorized and qualified manager, must promptly report in writing to the Contract Administrator any accidents (including passenger accidents) or incidents, and any non-routine events that occurred after such reported accident or incident.

E. Staffing.

i. Contractor shall (i) provide a sufficient number of employees to properly manage the Parking Facilities and perform the Services, (ii) evaluate and adjust staffing levels based on actual demand at the Airport to ensure efficient and effective operations, and (iii) ensure that Contractor’s employees are appropriately trained and experienced.

ii. On or before the fifteenth (15th) day of each month, Contractor shall submit a staffing report to the Contract Administrator (in a format acceptable to the Contract Administrator) outlining the base number of employees Contractor plans to use for the Services during the next month (“Staffing Report”). The proposed Staffing Report shall be generated based upon anticipated operations at the Parking Facilities, taking account of holiday travel seasons. The Staffing Report shall, among other things, contain a breakdown by service type (for example, valet services and self-parking services) and for each such service type shall include the classifications of employee positions, the responsibilities of each such position, staffing schedules (including the hours of each shift), any requested overtime (including the justification for such overtime), and any other details required by the Contract Administrator. The Contract Administrator must approve each Staffing Report in writing, including any and all overtime request(s) stated therein, before the commencement of Services for the applicable month. If the Contract Administrator submits a written notice to Contractor requesting changes to the Staffing Report, Contractor shall resubmit the Staffing Report (reflecting such requested changes) to the Contract Administrator for approval within the time period requested by the Contract Administrator.

iii. If a disagreement arises regarding the number of employees that are needed to perform the Services, the Contract Administrator’s decision shall control.

iv. The Staffing Report may be amended only after Contractor obtains prior written approval by the Contract Administrator.

v. All employees of Contractor shall undergo a background check prior to providing the Services. Contractor shall review such background checks and, to the extent any individual is deemed unfit by Contractor to provide the Services, such individual shall be prohibited from providing the Services. Copies of the results of such background checks shall be provided to the Contract Administrator upon their request.

F. Appearance/Conduct.

i. While providing the Services, Contractor’s employees, including the Manager and other Key Personnel, must:

(a) Be qualified, competent, and experienced;

(b) Wear distinctive, highly visible or reflective uniforms identifying them as employees of Contractor. Such uniforms must be approved in writing by the Contract Administrator prior to commencement of the Services and must consist of a shirt, pants and/or shorts, jacket, and a name tag identifying the employee’s name. The shirt and jacket referenced in the preceding sentence must both contain a company logo;

(c) Obtain and wear, at all times and above the waist, Public Area Business Purpose Media unless (i) the Director of Aviation, in their sole discretion, determines that Public Area Business Purpose Media is not required, or (ii) the employee is wearing Airport Issued Identification Media in accordance with Section 2-43(a) of the Code.

(d) Be clean, neat in appearance, and uniformly attired;

(e) Be able to effectively communicate in the English language (both orally and in writing);

(f) Maintain the highest standards of customer service;

(g) Comply with all Airport rules and regulations;

(h) Not eat, drink, or smoke while on duty or in any area of the Parking Facilities that is open to the public; and

(i) Be courteous, polite, and inoffensive in their conduct and demeanor.

ii. Contractor shall also require all employees of any Subcontractor to comply with the requirements set forth in Section 3.F.i.

iii. Contractor shall control the conduct, demeanor, and appearance of its employees by, among other things, imposing disciplinary actions against such employees consistent with Contractor’s policies and any other directive from the Contract Administrator, which may include, but not be limited to, removal of any such employees from providing the Services. Periodic quality control inspections concerning the conduct, demeanor, and appearance of Contractor’s employees may be conducted by the Contract Administrator.

4. Training:

A. Contractor shall create and implement a training program for Contractor’s employees at no cost to County. Such training shall be provided when Contractor’s employees are initially hired (before commencing the Services) and on an annual basis thereafter. The training program must include at a minimum, the following topics: Airport rules and regulations, customer service, safety, the Operating Plan, and Airport familiarization. The Contract Administrator (or such other representatives of the Aviation Department designated by the Contract Administrator) has the right to observe such trainings. Contractor shall make any changes to the training program that are requested in writing by the Contract Administrator.

B. Contractor shall require its employees, as applicable, to participate in any required County training or any other training requested by the Contract Administrator. Such training may include, but is not limited to, the County SUNsational Service Program, Security Identification Display Areas (“SIDA”) training, Airport Employee Emergency Training (“AEET”), and any customer service or emergency preparedness training.

5. Maintenance:

A. Contractor Obligations. Except for the items identified in Section 5.B below, Contractor shall maintain and, as required by the Aviation Department (including as specified herein), repair the Parking Facilities and the Equipment/Furnishings, fixtures, improvements, and appurtenances thereon, including, but not limited to, the walls and ceilings, overhead piping, signage, parking equipment, gate arms, the sidewalks leading to, from, and within the Parking Facilities, the parking garage structure, exit booths, entrance and exit roadways and associated ramps, elevators, escalators, shuttle service shelters, stairwells, and vestibules, in a clean, safe, neat, orderly, sanitary, and presentable condition, and free and clear of all trash, rubbish, debris, rodents, insects, and other pests.

i. Contractor shall repaint the Support Space interior office walls every five

(5) years and at such other times deemed necessary by the Contract Administrator, with paint colors and materials approved by the Contract Administrator. Contractor shall furnish its own janitorial service for the Parking Facilities and shall have all waste, garbage, trash, rubbish, and other refuse (collectively, “Waste”) removed from the Parking Facilities on at least a daily basis (or multiple times per day, if deemed necessary by the Contract Administrator).

Contractor agrees to use suitable covered receptacles (provided by County) for all Waste. Piling of boxes, cartons, barrels, or similar items is not permitted.

ii. All maintenance completed by Contractor or on Contractor’s behalf shall be of first-class quality in both materials and workmanship. All maintenance shall be completed in conformity with the rules and regulations prescribed from time to time by federal, state, county, and local authorities having jurisdiction over such maintenance work.

iii. Contractor shall be responsible for properly storing and protecting revenue retention documentation.

B. County Obligations. County shall maintain and repair (if County determines that such maintenance and repairs are necessary in County’s reasonable discretion) the structural and electrical elements of the Parking Facilities, any permanent signage located within the Parking Facilities, and any landscaping for the Parking Facilities. Contractor shall immediately notify the Contract Administrator of any portions of the Parking Facilities that are in need of maintenance or repairs.

C. County may modify the flooring at Contractor’s Support Space in any manner the Contract Administrator deems necessary including, but not limited to, restoring, retiling, and repairing the flooring. Such modifications may take place every five (5) years or at such other time deemed necessary by the Contract Administrator. Contractor shall be responsible for fully preparing (in a timely manner) the Support Space for any such modifications (i.e., moving furniture and equipment, and cleaning the Support Space to the extent required by the Contract Administrator). County shall not be liable to Contractor for any damage to persons or property of any kind caused by water or leakage from the roof, water lines, sprinkler, or heating and air conditioning equipment. Further, County shall not be liable to Contractor for any damage to persons or property of any kind caused by damage or disrepair to the structural or permanent portions of the Parking Facilities, unless (i) County had reasonable opportunity to perform repairs after being notified in writing of the need for same by Contractor, and (ii) any such damage or disrepair was not due to any action, omission, or negligence of Contractor or Contractor’s employees.

D. Notwithstanding any other provision contained in this Agreement, County shall have the absolute right to maintain and to make repairs, alterations, and additions to the Parking Facilities, as well as the right to enter the Parking Facilities for the purpose of doing so, free from any and all liability to Contractor for any damages sustained by Contractor as a result of County making any such repairs, alterations, or additions. County shall endeavor to provide advance notice to Contractor of such repairs, alterations, and additions.

E. Utilities. County shall provide and maintain all utility service lines, electrical equipment, fire and security alarms, air conditioning, entry/exit machines, exit toll booths, and elevators located within the Parking Facilities. If Contractor wishes to install any additional utilities other than that provided by County, Contractor must obtain prior written approval from the Contract Administrator and pay any and all expenses related to such additional utilities. County shall not be responsible in any way to Contractor for any failure or defect in the supply or character of electrical energy, water, sewer, or other utility service furnished to the Parking Facilities. County shall have the right to shut down electrical or any other utility services to the Parking Facilities when necessitated by safety, repairs, alterations, connections, upgrades, relocations, reconnections to the utility system, or for any other reason, regardless of whether the need for utility work arises with respect to the Parking Facilities. Whenever possible, County shall give Contractor no less than two (2) days’ prior notice for any utility shutdown by County.

F. Striping and Other Maintenance. Contractor shall immediately notify the Contract Administrator in writing when striping, re-striping, re-lamping or other maintenance items, including maintenance of the revenue control system, become necessary in the Parking Facilities. The Contract Administrator, at their sole discretion, will determine if striping, re-striping, re-lamping, or such other maintenance items are actually necessary.

If the Contract Administrator elects to proceed with any recommended maintenance and determines that such maintenance is beyond the capabilities of the Aviation Department, then upon written request by the Contract Administrator, Contractor shall perform the maintenance at a cost and on terms to be negotiated and agreed to in advance and in writing by the Parties, with County acting through its Contract Administrator. Contractor’s agreed-to costs of performing such maintenance will be planned for and included in the Operating Plan in accordance with this Agreement when it is practicable to do so, and, if such maintenance is requested by the Contract Administrator and the pricing is approved by the Contract Administrator, such maintenance shall be considered a Reimbursable Expense. If the Parties are unable to agree on the cost of the maintenance, County can utilize other means to complete the maintenance, including, but not limited to, hiring a third party.

G. Equipment/Furnishings. Contractor shall maintain and repair all Equipment/Furnishings installed or assigned to the Parking Facilities. Contractor shall obtain prior written approval of the Contract Administrator prior to performing any maintenance or repair of Equipment/Furnishings. Maintenance and repair expenses made to Contractor’s own equipment and furnishings shall not be a Reimbursable Expense. All maintenance and repairs completed by Contractor or on Contractor’s behalf shall be of first-class quality in both materials and workmanship. If the Contract Administrator determines, in their sole discretion, that any maintenance or repair of Equipment/Furnishings is not of first-class quality, Contractor shall not be entitled to the reimbursement of such cost until such time as Contractor makes the required corrections to the Contract Administrator’s satisfaction. County shall not be obligated to reimburse Contractor for any additional expenses paid by Contractor in making such required corrections.

H. Damage to Property and Parking Facilities. Contractor shall not damage or destroy, or cause to be damaged or destroyed, any County fixtures, equipment, furnishings, or property, including, but not limited to, the Equipment/Furnishings and the Parking Facilities. If the Contract Administrator determines, in their sole discretion, that any County fixtures, equipment, or property was destroyed or damaged by Contractor or Contractor’s employees, including, but not limited to, the Equipment/Furnishings or the Parking Facilities, Contractor shall make all repairs or replacements of same at Contractor’s own expense. If such damage is repaired by County after failure by Contractor to make such repairs, such costs for repair shall, at County’s option, either be recoverable by County as a deduction from Contractor’s Fixed Fee or Contractor shall reimburse County for such costs within ten (10) days after County’s written request.

I. Damage to Contractor’s Property. County shall not be liable to Contractor for damage to Contractor’s property, improvements, and facilities from any cause whatsoever, including, but not limited to, any negligence of any tenant, occupant, or other user of the Airport or any other person, unless and only to the extent caused by the negligence of County or County’s agents or employees. Nothing in this section shall preclude Contractor from any claim or attempt to recover its damages from any third party (other than County or County’s agents or employees) who may be liable therefor.

6. Complaints:

Contractor, through its Manager, shall verbally respond to any complaint received from the public or the Contract Administrator in connection with the Services within one (1) day of receiving the complaint. The verbal response shall be followed up in writing within five (5) days after receiving the complaint. Both the verbal and written response from Contractor, through its Manager, must be professional, factual, and demonstrate ownership of the situation arising from or in connection with the complaint. Contractor shall copy the Contract Administrator on all correspondence related to any and all complaints. At the request of the Contract Administrator, Contractor shall meet with the Contract Administrator to review any complaints or concerns and promptly correct any deficiencies. The Contract Administrator’s determination as to quality of the Services shall be conclusive, and curative measures requested by the Contract Administrator shall be implemented by Contractor as expeditiously as possible. On the fifteenth (15th) day of each month, Contractor shall submit a monthly report to the Contract Administrator that includes (i) a summary of any and all complaints received during the preceding month including all actions taken and the resolution, if known, of such matters, (ii) contact information of the individual who made the complaint, if applicable, and (iii) the date such complaint was received.

7. Disincentive Charges:

A. Purpose. One of County’s primary goals in granting this Agreement is to ensure the highest standards of customer service at the Airport. Contractor agrees that County will suffer damages if Contractor breaches the performance standards as set forth below (“Performance Standards”). Contractor further agrees that, due to the nature of the Performance Standards, the actual damages to County are not readily ascertainable at the time of contracting and would be impractical or very difficult to quantify. As such, in addition to all other remedies available under this Agreement, Contractor shall be subject to the disincentive charges set forth in the section below if Contractor breaches the Performance Standards. The amounts set forth in the section below have been agreed upon as the Parties’ reasonable estimate of County’s damages in the event of such breach.

County’s acceptance of any disincentive payment as a result of a Performance Standard Breach (hereinafter defined) will not prevent County from exercising any other right or remedy for default available to County under this Agreement.

B. Performance Standard Breaches. The following specified breaches shall be referred to as “Performance Standard Breaches.” Each Performance Standard Breach by Contractor shall be considered a separate occurrence, even if multiple Performance Standard Breaches occur within the same event. Therefore, Contractor may be subject to multiple disincentive charges in connection with one event. Contractor agrees to pay to County the amount specified below as a disincentive charge for the applicable breach:

i. Failing to provide any reports or plans (except for the daily Gross Revenue report and the Aging Report) within the specified timeframe required by this Agreement, including, but not limited to, the monthly Staffing Report, the annual Operating Plan, and the monthly complaint report: $50.00 for each day that the applicable report or plan is late.

ii. Failing to comply with the Operating Plan or any of the plans, procedures, or programs required to be included within the Operating Plan, including, but not limited to, Emergency Preparedness Procedures, Incident and Safety Management Plan, Hurricane Response Plan, Staffing Plan, Disciplinary Policy, Training Procedures and Motivational Plan, Customer Service Training Program, and Spill Prevention, Control, and Countermeasure Plan: $500.00 per occurrence.

iii. Manager fails to comply with their duties as required by this Agreement:

$500.00 per occurrence.

iv. Failing to comply with any appearance/conduct requirements of this Agreement: $500.00 per occurrence.

v. Failing to comply with any maintenance requirements of this Agreement:

$500.00 per occurrence.

vi. Failing to maintain an inventory of parking media (including employee parking decals, proximity cards, and ticket stock) for the Parking Facilities: $50.00 for each day that there is an insufficient inventory of parking media.

vii. Failing to inventory or document, at a minimum of two (2) times per day, all vehicles parked in the Parking Facilities: $500.00 per occurrence.

viii. Failing to comply with the requirements for the daily collecting, accounting for, and depositing of all Gross Revenues set forth in Section 2.U. of this Scope of Services: $250.00 for each day the requirements are not met.

ix. Failing to properly staff the Parking Facilities consistent with the Staffing Report approved by the Contract Administrator: $500.00 per occurrence.

x. Failing to provide the daily Gross Revenue report within the timeframe required by this Agreement: $250.00 for each day that the applicable report is late.

xi. Failing to provide the Aging Report within the timeframe required by this Agreement: $250.00 for each day that the applicable report is late.

xii. Failing to provide the monthly Reconciliation Report within the timeframe required by this Agreement (unless otherwise agreed to by the Aviation Department): $250.00 for each day that the applicable report is late.

xiii. Failing to supply any information requested by BCAD in connection with chargebacks within the timeframe provided by BCAD in such request: $50.00 for each day the requested information is late.

C. Procedure for Declaring Performance Standard Breaches. The determination as to whether Performance Standards have been breached is at the reasonable discretion of the Contract Administrator. Upon determining the existence of a Performance Standard Breach, the Contract Administrator shall issue a written notice to Contractor notifying Contractor of the occurrence of such Performance Standard Breach and County’s claim for disincentive payment. The notice of Performance Standard Breach shall become final and the associated disincentive charge shall be immediately due and payable, unless the Contract Administrator receives, no later than ten (10) days after Contractor’s receipt of the notice of Performance Standard Breach, a written statement from Contractor with Contractor’s evidence that the breach did not occur. The Contract Administrator shall review such evidence and determine, in the Contract Administrator’s reasonable discretion, whether Contractor has demonstrated that the breach did not occur, and notify Contractor of such decision in writing, which decision shall be final. Any disincentive charges due under this Agreement shall be deducted from any Reimbursable Expenses due to Contractor under this Agreement, unless County requests a direct payment of the disincentive charge, in which case Contractor shall immediately pay the disincentive charge directly to County.

D. Waiver of Disincentive Payments/Charges. Disincentive charges shall be waived to the extent resulting from severe weather, work stoppages, or when other conditions indicate that the Performance Standard Breach was unavoidable, as determined by the Contract Administrator, in their sole discretion. Any determination of waiver by the Contract Administrator must be in writing and shall be final and conclusive.