24-260_RFP_Pre-Employment_Background_Investigation_Services_Final_2.pdf

24-260-RFP PRE-EMPLOYMENT BACKGROUND INVESTIGATION SERVICES BASE REV

1/03/2024

REQUEST FOR PROPOSAL (RFP)

24-260-RFP

Pre-Employment Background Investigation Services

Solicitation documents are available from the Greater Orlando Aviation Authority’s Procurement Services Department’s e-Procurement Platform:

https://procurement.opengov.com/portal/goaa

Search under Projects for: Pre-Employment Background Investigation Services

The Aviation Authority’s Procurement Department has transitioned to an E- Procurement Platform, OpenGov. Solicitations are posted and electronic responses will be accepted via the e-Procurement Platform.

To get started, click here to sign up. You will receive an email to activate your account.

For more information about how to register, please see our help file here.

Registration and Notification of Solicitations

THERE IS NO COST FOR VENDORS TO REGISTER WITH OpenGov https://procurement.opengov.com/signup http://help.procurement.opengov.com/en/articles/2482165-vendor-registration https://procurement.opengov.com/signup

TABLE OF CONTENTS

SECTION PAGE

Americans With Disabilities Act

1.0 GENERAL INFORMATION

1.1 Intent and Purpose

1.2 Tentative Schedule

1.3 Solicitation Information

1.4 Submitting Questions and Receiving Responses

1.5 Contract Period

1.6 Price Escalation/De-Escalation (CPI) If needed

1.7 Communications; Questions Regarding Specifications or Solicitation Process

1.8 Exceptions to Terms and Conditions within the Solicitation

1.9 Notice of Intent to Award Contract

1.10 Public Meetings/Public Records

1.11 Code of Ethics and Business Conduct Policy

2.0 BACKGROUND INFORMATION

2.1 Airport Demographics

2.2 Airport Environment

2.3 Employee Statistics

3.0 SPECIAL CONDITIONS

3.1 Minimum Requirements

3.2 Evaluation of Responses

3.3 Selection Process

3.4 Insurance Requirements

3.5 Airport Security

3.6 Airport Operations Area

3.7 Verification of Employment Status

3.8 Identification and Access Requirements

3.9 Contractor’s Personnel

3.10 Regulations

3.11 Small Business Program

3.12 Good Faith Effort Requirements

3.13 Performance and Invoicing

4.0 SCOPE OF WORK/SPECIFICATIONS

4.1 Overview

4.2 Type of Background Searches

4.3 Aviation Authority’s Responsibilities

4.4 Contractor’s Responsibilities

4.5 Performance Requirements

4.6 Additional Services

5.0 AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

5.1 Intent to Award-Appeal

5.2 Responsible Vendor Determination

5.3 Awards

5.4 Additional Terms & Conditions

5.5 Purchasing Agreements With Other Governmental Entities

5.6 Lobbying Statement

5.7 Whistle Blower Reporting Line

5.8 EEO Statement

5.9 Federal Fair Labor Standards Act

5.10 Occupational Safety And Health Act of 1970

5.11 Discounts

5.12 Pricing

5.13 Incurred Cost

5.14 Errors

5.15 Taxes

5.16 Silence of Specifications

5.17 Assignment

5.18 Indemnification

5.19 Patents and Royalties

5.20 Software License to Contractor

5.21 Warranty Against Infringement of Intellectual Property

5.22 Optional Ownership of Work Product

5.23 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI)

5.24 Training

5.25 Acceptance

5.26 Safety Warranty

5.27 Warranty

5.28 Conflict of Interest:

5.29 Drug-Free Workplace

5.30 Discriminatory Vendor List

5.31 Public Entity Crimes

5.32 Scrutinized Companies

5.33 Licenses and Certifications

5.34 Subcontractors

5.35 Verbal Instructions

5.36 Litigation Venue

5.37 Addition, Deletion, or Modification of Services

5.38 Operation During Dispute

5.39 Funding

5.40 Contract Termination

5.41 Contractor Responsibilities

5.42 Supervision of Contract Performance

5.43 Monitoring of Work

5.44 Prompt Payment

5.45 Right To Audit Records

5.46 Copying Documents

5.47 Florida Public Records Law

5.48 Federal Compliance Provisions

5.49 Federal Emergency Management Agency (FEMA) Contract Requirements

5.50 Additional FEMA Requirements

6.0 CONTRACT

6.1 Contract Instructions

6.2 Contract

7.0 RESPONSE SUBMITTAL REQUIREMENTS

7.1 Preparing Responses in Required Format

Tab 1 – Table of Contents Tab 2 – General Company Information Tab 3 - Proposer’s Experience and Qualifications Tab 4 - Timeliness of Service Tab 5 – Methodology and Approach Tab 6 – Additional Requirements of the Response

Tab 7 - Pricing Schedule

1. Respondent’s Certification Form

2. Conflict of Interest Disclosure Form

3. Certification Regarding Prohibition Against Contracting with Scrutinized

4. E-Verification Certification Form

5. Current W9

Americans With Disabilities Act

The Greater Orlando Aviation Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact the Greater Orlando Aviation Authority’s ADA Coordinator at 407-825- 2006 as soon as possible, at least one full business day prior to any scheduled meeting.

1.0 GENERAL INFORMATION

1.1 Intent and Purpose

a. The Greater Orlando Aviation Authority (the “Aviation Authority”) is soliciting interested parties to provide robust pre-employment background investigation services for all potential new hires to the Aviation Authority. Supplier shall be able to supply all necessary labor, supervision and equipment to effectively and accurately carry out these functions. Supplier must also provide skilled and qualified personnel to perform, at the highest level, various background investigative functions in compliance with federal and state laws regarding third party background checks.

b. The Agreement, if awarded following the Solicitation process, shall commence on or about July 1, 2024.

1.2 Tentative Schedule

Release Date: February 04, 2024 Deadline for submission of questions: February 13, 2024 Release of Addendum: February 20, 2024 Deadline for return of Response: February 27, 2024 Procurement Committee*: April 2, 2024 Recommendation to the Aviation Authority Board*: May 15, 2024

*Sunshine Meeting schedules are posted weekly on the Aviation Authority website.

1.3 Solicitation Information

a. Sealed electronic responses will be received for this Solicitation through the

Greater Orlando Aviation Authority e-Procurement Portal (Portal) located at https://procurement.opengov.com/portal/goaa. By way of the Portal, responses will be locked and digitally encrypted until the submission deadline passes.

b. Responses submitted by hard copy, e-mail, telephone or fax shall not be accepted. Responses submitted outside of the designated electronic submission Portal shall be rejected as non-responsive regardless of where received.

c. The Aviation Authority shall not be responsible for delays caused by any occurrence, including a technology issue. Any late response will not be accepted.

d. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any response.

e. Respondents shall not be allowed to modify their responses after the opening time and date. Responses may be examined thirty (30) days after the Solicitation opening or upon recommendation for award, whichever occurs first.

1.4 Submitting Questions and Receiving Responses

Respondents shall submit all inquiries regarding this Solicitation via the e- Procurement Portal, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Aviation Authority e-Procurement Platform. Respondents may also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the Respondent to check the website for answers to inquiries.

a. Questions will be answered through the e-Procurement Portal.

b. If the Procurement Department determines that it is necessary to change the dates or times prior to the due date, the change will be announced and posted on the e-Procurement Portal.

c. All prospective Respondents shall thoroughly examine and become familiar with the Solicitation package and carefully note the items which must be submitted with the Solicitation as detailed in Section 7, Solicitation Response Submittals.

d. Submission of a Response shall constitute an acknowledgment that the Respondent has read and understands the Solicitation Documents. The failure or neglect of a Respondent to receive or examine any Solicitation Document shall in no way relieve it from any obligations under its Response or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work.

1.5 Contract Period

a. The Contract period will be for sixty (60) months with the Contract to commence on or about July 1, 2024.

b. The Aviation Authority shall not be obligated to renegotiate or increase any price for any work during the initial term of the Contract based on a Respondent's mistake or miscalculation of prices, underestimation of costs, or for any other reason.

1.6 Price Escalation/De-Escalation (CPI)

a. The original contract prices shall be firm for the five (5) year contract period. A price escalation/de-escalation may be considered after the 3rd year, and once a year thereafter, provided the Contractor notifies the Aviation Authority, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the contract’s anniversary date.

b. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov.

c. Price adjustment shall be calculated by applying the simple percentage model to the CPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the CPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows:

Current Index – Base Index / Base Index = % of Change % of Change x 100 = Percentage Change

CPI-U Calculation Example:

CPI for the current period 232.945 Less CPI for the base period 229.815 Equals index point change 3.130 Divided by base period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4%

d. A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, the Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Aviation Authority’s Purchasing Department.

e. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 5% unless there are circumstances demonstrating that an increase beyond this amount is required and this is approved by the Aviation Authority.

f. All price adjustments must be accepted by the Vice President of Procurement

Services and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. No retroactive contract http://www.bls.gov/ price adjustments will be allowed. Only final CPI data will be used to adjust contract pricing.

g. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract the Contractor shall notify the Aviation Authority’s Purchasing Department of price decreases in the method outlined above.

h. If the Contractor intentionally fails to pass the decrease on to the Aviation

Authority, the Aviation Authority reserves the right to place the Contractor in default.

1.7 Communications; Questions Regarding Specifications or Solicitation Process

a. Any official communication from a Respondent during the Solicitation process should be submitted to the Aviation Authority via the e-Procurement Portal, https://procurement.opengov.com/portal/goaa. A copy of the Administration Policies (Sections 180.01 and 180.03) are available upon request from the Manager of Board Services.

b. In accordance with the above-referenced policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Proposer or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Solicitations, making recommendations or making an award, is prohibited from the time that the Solicitation is released to the time that the award is made.

1.8 Exceptions to Terms and Conditions within the Solicitation

a. If a Respondent desires any changes or modifications to the terms and conditions set forth in the Response Documents, the Respondent should submit these changes or modifications to the Aviation Authority in writing prior to the deadline for questions and comments about the Solicitation.

b. The Aviation Authority will consider such requested changes to the Contract’s terms and conditions. If any such requested changes or modifications are acceptable, the Aviation Authority will modify the terms and conditions by Addenda to this Solicitation prior to the deadline for Response submission. In submitting any requested changes or modifications, a Respondent should state the specific terms or conditions in the Aviation Authority’s Response Document, which the Respondent wishes to change, and the desired language, terms or conditions. Respondents are requested to not substitute entire agreements or sets of terms and conditions but discuss separately each term or condition that they take exception to or desire to change.

Exceptions noted within the response submittal may cause the response to be deemed non-responsive.

1.9 Notice of Intent to Award Contract

Unless all Responses are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within ninety (90) days from the opening of Responses to the responsible and responsive Respondent submitting the Response deemed to be most advantageous to the Aviation Authority, all factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Responses and to cancel the procurement or to solicit new Responses.

1.10 Public Meetings/Public Records

Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a Solicitation will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

1.11 Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses, the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues.

This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Respondent and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Respondent to Respond on any Contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

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24-260-RFP Pre-Employment Background Investigation Services BASE REV 1/03/2024

2.0 BACKGROUND INFORMATION

2.1 Airport Demographics

a. Orlando International Airport (MCO) is operated and managed by the Greater Orlando Aviation Authority (the “Aviation Authority”). It is expected that more than 60 million domestic and international passengers will travel through MCO during the 2023-2024 fiscal year.

b. As of January 2024, MCO is served by 35 commercial airlines and 6 cargo carriers, the same as in January 2023.

c. MCO, like all airports in the United States, is self-sustaining, with Airport revenues being generated from user fees, concessions, and airline revenues. No local taxpayer dollars contribute to the operation of MCO.

2.2 Airport Environment

It is important for Respondents to note that the Airport environment presents the Respondent with a set of unique challenges which are not typical of any other environment.

2.3 Employee Statistics

Currently, the Aviation Authority has approximately 890 employees. We anticipate this number to grow by approximately 25% over the life of the contract.

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24-260-RFP PRE-EMPLOYMENT BACKGROUND INVESTIGATION SERVICES BASE REV 1/03/2024

3.0 SPECIAL CONDITIONS

3.1 Minimum Requirements

Respondents must meet the following minimum requirements to be considered for the award of the contract. Respondents will address each requirement specifically in their Response. Each Respondent must acknowledge on company letterhead and provide written documentation that their firm meets the Minimum Requirements.

a. Shall be registered/qualified to do business in the State of Florida. Provide a copy of such registration/qualification to the Aviation Authority with the Response submission.

b. Shall have a minimum of five (5) years of continuous, and recent experience providing services of the type described in the Scope of Services below, prior to the deadline of this Solicitation. Respondent shall provide an affirmative statement and documentary proof of such experience with the Response submission.

3.2 Evaluation of Responses

a. Respondent(s) must meet the requirements as stated in Section 3.1 and demonstrate the capability required to provide the services described in Section

4.0 Scope of Services.

b. Responses will be evaluated using the following criteria:

EVALUATION CRITERIA

CATEGORY POINTS

Experience and Qualifications of Proposer and Engagement Team, and References - Tab 3

Approach and Methodology – Tab 4 25 Timeliness of Service – Tab 5 20 Additional Requirements of the Response, Prior or Pending Convictions, Indictments, Investigations, Claims, and Proof of Insurance. Tab 6

Pricing Table - Tab 7 20

TOTAL: 100

c. The Aviation Authority, in its sole discretion, may award the Contract to the responsible and responsive Respondent submitting the Response which is deemed to be the most advantageous to the Aviation Authority, price and other factors being considered.

d. The Aviation Authority reserves the right to solicit from available sources relevant information concerning a Respondent’s past performance and may consider such information in its evaluation and selection of Respondents.

3.3 Selection Process

a. Responses to this Solicitation will be evaluated and ranked by the Procurement Committee (“Committee)”. The Committee may, in its sole discretion, seek the assistance of other Aviation Authority staff, consultants and legal counsel with respect to the evaluation and any recommendation for award.

b. Responses will be evaluated based upon the Evaluation Criteria per Section 3.2;

and supported by the Respondent’s provided required information per Section 7.0 Response Submission Requirements.

c. The Committee will evaluate the responses and may, at its sole discretion, invite one or more of the Respondents that appear to be the most advantageous to interview with the Committee. The purpose of such an interview would be to allow Respondents to elaborate upon their Response before a recommendation for ranking of the Responses is made. Interview responses, along with the written Response will become part of the Respondent’s response to be evaluated by the Committee.

d. In the event the Committee determines that presentations/interviews are not necessary, the Committee shall submit to the Aviation Authority Board for approval, a ranking and recommendation of the Respondent(s) that are most advantageous to meet the needs of the Aviation Authority. The Aviation Authority Board may accept, reject or amend the recommendation of the Committee.

e. After the Aviation Authority Board has established and approved the final rankings, negotiations with the highest ranked firms may be initiated. If any of those negotiations are unsuccessful, the Aviation Authority may open negotiations with the next ranked firm, etc. until the successful completion of negotiations and execution of a contract. The Aviation Authority may reject all Responses at any time throughout this process.

f. The Aviation Authority shall have the right, but not the obligation, to award all or any portion of the services. The extent and scope of the Services, along with the fees for such services, will be subject to final approval by the Aviation Authority.

The Aviation Authority intends, but is not obligated, to enter into a non-exclusive agreement with the highest ranked Respondent to perform the required Services described herein. The Aviation Authority reserves its right to award any or all of the advertised services subject to the availability of funding.

g. The Aviation Authority reserves the right to waive any informality in the Response, to reject any and all Responses, and to re-advertise or elect not to proceed with the services for any reason. All recommendations and decisions regarding award of the services shall be made at open public meetings in accordance with the requirements of Florida Statute 286.011, and all interested parties are invited to attend such meetings.

h. Following the Aviation Authority Board approval of the Committee ranking, the Aviation Authority may approve a Contract or enter into negotiations with the top-ranked Respondent, in order to consummate a contract on terms that are fair, competitive and reasonable. Should the Aviation Authority be unable to negotiate a satisfactory contract with the top-ranked Respondent, negotiations with that Respondent shall be terminated. The Aviation Authority may undertake negotiations with the second-ranked Respondent, and if necessary, additional Respondents in accordance with the order of ranking.

i. Upon successful completion of contract negotiations with a Respondent, the Aviation Authority shall have the right, but not the obligation, to award all or any portion of the services. The extent and scope of the Services, along with the fees for such services, will be subject to final approval by the Aviation Authority. The Aviation Authority reserves its right to award any or all of the advertised services subject to the availability of funding.

j. All recommendations and decisions regarding award of the services shall be made at open public meetings in accordance with the requirements of Florida Statute 286.011, and all interested parties are invited to attend such meetings. The meetings of the Committee and Aviation Authority Board are public meetings.

3.4 Insurance Requirements

The Respondent’s submittal shall demonstrate ability to meet all portions listed in this Section by providing evidence of one of the following: Certificate of Insurance on Acord form or form acceptable to Aviation Authority, signed affirmation of ability to comply from a licensed insurance agent, or insurance quote.

If awarded a contract and prior to Notice to Proceed, the Awarded Contractor must attain and provide a Certificate of Insurance in compliance with this Section. At its sole expense, the Contractor shall maintain the following insurance during the term of this Contract, including any extensions or renewals and such insurance will apply to Contractor, its employees, agents, and Subcontractors.

a. Commercial General Liability:

Commercial General Liability insurance covering any and all claims for property damage and bodily injury (including death) and including, but not limited to premises, products and completed operations, and Contractual liability for Contractor’s covenants, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence; and

b. Professional/Errors & Omissions Liability Insurance.

Insurance covering claims, suits, and damages for losses caused by the acts, errors, or omissions by Contractor with limits not less than $XX,000,000 per claim.

The nature of the professional services in the scope will determine the specific type of insurance required.

c. Additional Insured Endorsement.

Such above referenced liability insurance shall name the Aviation Authority and the City of Orlando and their members (including, without limitation, members of the Aviation Authority’s Board and the City’s Council and members of the citizens’ advisory committees of each), officers, employees, and agents as additional insureds.

d. Workers’ Compensation and Employer’s Liability.

The following insurance shall apply to all Contractor’s employees who will be engaged on the Aviation Authority property in the performances of Services in this Contract: (i) workers’ compensation insurance with statutory limits in accordance with Florida law, and (ii) employer’s liability insurance policy limits not be less than $100,000 for each accident, $100,000 for disease each employee and $500,000 for disease policy limit. If the Contractor is self-insured, the Contractor shall provide proof of self-insurance and authorization to self-insure as required by applicable Florida laws and regulations. The Aviation Authority will not accept State of Florida exemptions.

e. Cyber/Privacy Liability Insurance.

Insurance covering Contractor for claims, losses and expenses resulting from wrongful acts committed in the performance of, or failure to perform, all Services under this Agreement related to electronic or physical security, breaches of confidentiality, and invasion of, or breaches of, privacy with limits not less than $1,000,000 per incident.

f. Other Insurance Requirements.

Contractor agrees to the following as it relates to all above required insurance:

1) Self-Insured Retention and Deductibles. Contractor’s insurance policies shall not be subject to a self-insured retention or deductible exceeding Ten Thousand Dollars ($10,000), if the value of the Contract is less than

$1,000,000, and not be subject to a self-insured retention or deductible exceeding One Hundred Thousand Dollars ($100,000), if the Contract is $1,000,000 or more, unless approved by the Aviation Authority’s Chief Executive Officer. The above deductible limits may be exceeded if the Contractor’s insurer is required to pay claims from the first dollar at 100% of the claim value without any requirement that Contractor pay the deductible prior to its insurer’s payment of the claim.

2) Insurance policies shall be primary insurance and not contributory to any other valid insurance the Aviation Authority may possess, and that any other insurance the Aviation Authority does possess shall be considered excess insurance only.

3) Insurance shall be carried with an insurance company or companies be currently authorized to conduct insurance business in the State of Florida, and must have no less than a "B+" Financial Rating and a Financial Size Category of "Class VI" or higher according to the most current edition of AM Best Rating and said policies shall be in a form acceptable to the Aviation Authority.

4) Any liability insurance maintained by Contractor written on a claims-made form basis will maintain coverage for a period of time determined by the Aviation Authority to be appropriate to cover claims made after the Contractor has concluded its services to the Aviation Authority.

5) All insurance required for this Contract shall contain a waiver of subrogation clause, as allowed by law, in favor of the Authority and the City of Orlando.

6) A properly completed and executed Certificate of Insurance on a form provided or approved by the Aviation Authority (such as a current ACORD form) evidencing the insurance coverages required by this Section shall be furnished to the Aviation Authority upon the Notice of Intent to Award of the Contract and each renewal thereafter during the term of this Agreement and its renewal/extension. Contractor acknowledges that any acceptance of Certificate of Insurance by the Aviation Authority does not waive any obligations herein this Agreement.

7) The Aviation Authority is currently contracted with a third party for the management of all insurance certificates related to Aviation Authority Contracts. Contractors who enter into a Contract with the Aviation Authority will be contacted directly by the third party vendor for insurance certificates and related matters such as expired certificates. An introductory letter will be sent instructing each Contractor of the proper procedures for processing updated insurance certificates as well as any other insurance related matter that may arise over the term of the Contract. Contractors will respond as directed in the introductory letter as well as any further instructions they may receive.

8) The Contractor shall provide the Aviation Authority immediate written notice of any adverse material change to the Contractor’s required insurance coverage. For purposes of this Insurance Section, an “adverse material change” shall mean any reduction in the limits of the insurer’s liability, any reduction of any insurance coverage, or any increase in the Contractor’s self-insured retention and any non-renewal or cancellation of required insurance.

9) If any insurance coverage is canceled or reduced, Contractor shall, within forty-eight (48) hours remit to the Aviation Authority a Certificate of Insurance showing that the required insurance has been reinstated or replaced by another insurance company or companies acceptable to the Aviation Authority. If Contractor fails to obtain or have such insurance reinstated, the Aviation Authority may, if it so elects, and without waiving any other remedy it may have against Contractor, immediately terminate this Contract upon written notice to Contractor.

10) The Aviation Authority’s Chief Executive Officer shall have the right to alter the monetary limits or coverages herein specified from time to time during the term of this Contract, and Contractor shall comply with all reasonable requests of the Chief Executive Officer with respect thereto.

3.5 Airport Security

The successful Respondent will be required to comply with all applicable regulations of the TSA and of the Aviation Authority relating to Airport security, including those relating to access to the AOA of Orlando International Airport, as such regulations may be in effect or changed from time to time.

3.6 Airport Operations Area

a. The Contractor's personnel and vehicles shall not be allowed within the Airport Operations Area (AOA), which includes the ramp area and aprons, unless authorized by the Vice President. Contractor's personnel are required to successfully complete SIDA Training and demonstrate proficiency in all Airport Operations Instructions (AOl's) regarding secured access to airfield and aircraft ramp and apron areas. No escorts of any type will be provided.

b. Airport Security: Contractor's services shall be performed in accordance with the

Transportation Security Administration (TSA), Federal Aviation Administration (FAA), and any other governmental agency security directives, rules, and regulations. The FAA and the TSA may assess fines and penalties for Contractor's noncompliance with the provisions of Title 49 Code of Federal Regulations (CFR), Parts 1540 and 1542, as amended from time to time, or by other agencies for noncompliance with laws or regulations applicable to Contractor's operations.

Within ten (10) days of notification in writing, Contractor shall reimburse the City for any paid fines or penalties assessed against the City because of Contractor's noncompliance with 49 CFR 1540 and 1542 or other applicable laws or regulations.

c. The Contractor acknowledges that fines or penalties associated with non-compliance with security regulations must be reimbursed to MCO.

3.7 Verification of Employment Status

a. Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, and an express requirement that Contractors include in such subcontracts the requirement that Subcontractors performing work or providing services pursuant to the Aviation Authority. Contractors will utilize the E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

b. Only those employees determined eligible to work within the United States shall be employed under this Contract.

c. By submission of a Response to this Solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this Contract. The Contractor shall commit to comply with this requirement.

3.8 Identification and Access Requirements

a. Contractor is required to conduct an employee background check, or require its

Subcontractors to perform an employee background check, in accordance with the requirements herein on each person proposed for employment at Orlando International Airport in connection with this Contract, if such person is an employee of Contractor or an employee of a Subcontractor for whom Contractor is required to sign the Aviation Authority’s badge application (“Contractor Responsible Employees”). Such background check must be successfully completed prior to such person applying for an access control identification badge with the Aviation Authority. Each background check shall be performed to the following minimum requirements:

b. Each employee must provide a ten (10) year work history.

http://www.uscis.gov/portal/site/uscis

c. Contractor must confirm the last five (5) years of each employee's work history.

Any gaps in employment of thirty (30) days or more during such five year period must be explained in writing by the employee and must be confirmed by Contractor through W-2s, student transcripts, medical records, or written references of stay-at-home situations from credible local persons such as pastors or priests (which reference must indicate personal knowledge of employee's general work history during the gap period).

d. Contractor must check each employee's criminal history for the immediately preceding five years, with such check to be conducted in each county where the employee has lived or worked in such five year period.

e. Contractor shall not present any Contractor Responsible Employee to the Aviation

Authority's Access Control Office for badging if such person has any unexplained gaps in their work history, has a criminal record that would disqualify them from receiving an access control badge or has an unacceptable termination record.

f. The Aviation Authority will issue, for a fee, as stated below to all Contractor

Responsible Employees an identification badge that will display their picture, name, and other applicable information; and any key(s) required in the performance of the Contract, provided that such person meets the minimum criteria established to receive a badge. At all times while on airport property, the Contractor Responsible Employees are required to display such badges prominently on their uniforms in accordance with Aviation Authority’s guidelines.

Every new employee requiring unescorted access to a secure area of the airport must be electronically processed by the Aviation Authority’s Access Control Office for a Criminal History Records Check and Security Threat Assessment before an identification badge is issued. In addition to this records check, the employee will be required to attend security training class (approximately 1 hour), and in the case of operating a vehicle on the Airport Operating Area (AOA) the employee will also be required to attend a driving safety class (approximately 1 hour); both training classes are provided by the Aviation Authority. The Contractor shall maintain, and shall require its Subcontractors to maintain, a permanent record in its files of the background information, including drug screening tests, on all current and former employees who are utilized in the performance of this Contract and, when requested, shall provide such information to Aviation Authority, TSA, or such other entity as deemed appropriate by the Aviation Authority. The Contractor further agrees to perform, or require its Subcontractors to perform, such additional employee background checks, fingerprinting, or other identification measures as may be required by any future security rules or applicable federal regulations.

g. Fees Associated with Identification Badges and Keys at the present time.

New Issue/Renewal $100.00 Name Change $25.00 (paid at time of issuance) Addition $25.00 (i.e. adding company name, driver, etc.)

Deletion $25.00 Lost $500.00 Stolen No Charge with proper documentation New Hard Key $50.00 Lost Hard Key $500.00 AOA Vehicle Decal $25.00 per vehicle

Note: No personal checks or credit card payments are accepted. Companies will be assessed a $1,000.00 fee for each non-returned identification badge and $500.00 for each non-returned key. Fees associated with badges and keys may be increased at any time with thirty (30) days’ notice.

h. Contractor must maintain all information described above for a period of four (4) years following expiration of this Contract. Such information is subject to audit by the Aviation Authority and must be sufficient in scope and detail to permit verification of compliance by Aviation Authority audit. Actual damages to the Aviation Authority resulting from a breach by Contractor of its obligations hereunder will be difficult or impossible to determine. As a result, Aviation Authority shall be entitled to recover liquidated damages of $250.00 for every Contractor Responsible Employee presented to the Aviation Authority for access control badging (a) for whom the above background check has not been completely and accurately performed, or (b) who should not have been presented per the above guidelines. The amount payable hereunder by Contractor is not a penalty, is in addition to any access control badging application fee paid by the employee and is payable whether or not such employee is issued an access control badge by the Aviation Authority.

i. Contractor must co-sign with the Subcontractor all badge applications for any employee of a temporary employment agency engaged as a Subcontractor to provide personnel to Contractor on this Contract. All employees provided by temporary employment agencies for this Contract shall be Contractor Responsible Employees. Before submitting a badge application for an employee provided on this Contract by a temporary employment agency, Contractor or the temporary employment agency must submit to the Aviation Authority’s Authorized Representative (AAR) for prior approval of such employee, a Contract between the temporary employment agency and such employee reflecting an intended assignment of such employee to the Contract for the remaining duration of the Contract or the duration of the Contractor’s need for such position.

3.9 Contractor’s Personnel

The Contractor must provide all personnel deemed necessary to meet the requirements of the Contract.

a. Should the Contractor engage employees who are illiterate in English, it will be the

Contractor's responsibility and obligation to train such employees to be able to identify and understand all signs and notices in and/or around the areas that relate to them or the services being performed by them pursuant to this Contract. In addition, the Contractor will have someone in attendance at all times who can communicate instructions to said employee.

b. Contractor shall maintain a drug-free workplace within the meaning of the Florida Drug-free Workplace Act. No employee shall be hired by a Contractor for work on Aviation Authority's premises prior to such employee having tested negative for drugs. In addition, existing employees of the Contractor must be subject to drug testing by the Contractor upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by the Contractor. Copies shall be provided to the Aviation Authority, if requested.

c. The Contractor shall perform its obligations and functions hereunder in compliance with applicable laws of the of the United States, the State of Florida, Orange County, the City of Orlando, any applicable rules, regulations or directives of any agency thereof, and the applicable regulations of the Authority. OSHA rules and regulations shall be followed at all times. The Authority shall have the right, but not the obligation, to contest or challenge by any means whatsoever any law, regulation, rule or directive which in any way affects or otherwise impacts upon the Contractor's performance of its obligations and functions hereunder; the Contractor shall cooperate to the fullest extent and take whatever action (including becoming a party in any litigation) the Authority should reasonably request in connection with any such challenge or contest by the Authority.

d. The Contractor is required to abide by the Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996.

e. The Contractor shall obtain and keep current all licenses, permits and authorizations, whether municipal, county, state or federal, required for the performance of its obligations and functions hereunder and shall pay promptly when due all fees there for.

f. The Contractor shall abide by all applicable state and federal regulations pertaining to wages and hours of an employee.

3.10 Regulations

a. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the work specified herein.

b. Contractor shall comply with all health and sanitary regulations adopted by all applicable governing bodies. Contractor shall give access for inspection purposes to any duly authorized representative of such governing bodies.

c. The Contractor shall obtain all permits, licenses and certificates, or any such approvals of plans or specifications as may be required by Federal, State and local laws, ordinances, rules and regulations, for the proper execution of the work specified herein.

d. During the performance of this Contract, Contractor shall keep current and, if requested by the Aviation Authority, provide copies of any and all licenses, registrations or permits required by applicable governing agencies. Contractor shall keep a copy of any and all licenses, registrations and permits on the job site while performing the Contract work.

3.11 Small Business Program

Not applicable.

3.12 Good Faith Effort Requirements

Not applicable.

3.13 Performance and Invoicing

a. The Aviation Authority shall, at regular intervals, monitor the performance of Contractor to determine whether the work to be performed under the Contract has in fact been accomplished to Aviation Authority’s satisfaction and/or completed in a timely manner.

b. The Aviation Authority shall notify the Contractor of any specific services that are unsatisfactory to the Aviation Authority, and if the Contractor has not addressed such item or items set forth in the notice to the Aviation Authority’s satisfaction within the time frame set forth in the Aviation Authority’s notice, the Aviation Authority in addition to all other rights provided under this Contract or by law or equity, may either remedy such unsatisfactory services itself or through a third party and the cost of providing the remedial services shall be deducted from the Contractor’s invoice.

c. The Aviation Authority shall pay the undisputed amount of Contractor’s invoice per

The Florida Prompt Payment Act. Items in dispute shall be paid upon the resolution of the dispute in accordance with the Florida Prompt Payment Act.

d. The Contractor’s invoice shall generally describe the services rendered by work area and location, type of service, date rendered, and shall contain such other information and is accompanied by such supporting documentation and other materials as the Aviation Authority shall request. The forms to be used will be provided by the Contractor, with approval of the Aviation Authority.

e. Contractor shall be obligated to pay promptly all proper charges and costs incurred by Contractor for labor and materials used for the work performed hereunder. The Aviation Authority shall have the right, but not the obligation, to pay directly to third parties (including Subcontractors) all past due amounts owed by Contractor to third parties for labor and materials used for the work hereunder, based on invoices submitted by such third party, and all such amounts paid by the Aviation Authority shall be applied toward, and shall reduce, amounts owed to Contractor hereunder.

f. The Contractor shall submit all invoices to: Greater Orlando Aviation Authority, Finance Manager, P.O. Box 620125, Orlando, Florida 32862-0125. Invoices may be sent electronically to accounts payable goaa-ap@goaa.org.

mailto:goaa-ap@goaa.org

4.0 SCOPE OF WORK/SPECIFICATIONS

4.1 Overview

a. The Contractor shall provide all labor, supervision, equipment, facilities, supplies and skilled, qualified personnel, and all other items necessary or proper for, or incidental to, performing comprehensive pre-employment background investigation services on behalf of the Greater Orlando Aviation Authority in accordance with this Specification. Response time on all background investigations is expected to be within 72 hours except for international verifications; all investigations exceeding this time frame should be communicated in writing to the AAR.

b. The Services shall include, but are not limited to, activities associated with the performance of Social Security Verifications, Criminal History Checks, Education Verifications, Licensing Verifications, and Employment Verifications, State Department of Motor Vehicle (DMV) Searches, and any and all subsequent reports and/or findings of a search, check, and/or verification. Out-of-country and self-employment checks may be requested on an as-needed basis.

c. The Contractor shall provide a software that is capable of interfacing with Cloud

Based Application Systems such as Cornerstone, but not limited to, which is specifically designed for onboarding.

4.2 Type of Background Searches

The following type of searches may be requested as part of the Contractor’s services in the background investigation check process. Contractor shall have the ability to add additional services after initial request, without re-entry/submission of applicant's basic data.

a. Social Security Search (SSS)

The Contractor shall verify:

1) name;

2) social security number; and

3) addresses for the last seven (7) years.

b. Criminal History Checks

The Contractor shall provide a state and nationwide criminal history check for the past ten (10) years (as requested by the Aviation Authority). A county criminal history check may be acceptable if the state criminal history check is not available.

Criminal checks shall include county, state and federal felony and misdemeanor arrests and conviction information to include:

1) date of charge or arrest;

2) charge information;

3) degree of charge;

4) date of disposition; and

5) disposition.

c. Education Verification

The Contractor shall verify the highest degree of education obtained by the applicant and/or the degrees obtained by the applicant that are required by the position.

If the highest level of education cannot be verified, the Contractor shall contact the Aviation Authority for approval to verify the next lowest level of education.

National and/or international education searches shall be verified as required.

Education verification shall include:

1) date of attendance;

2) date of graduation;

3) degree earned;

4) major and minor course of study; and

5) name of the contact person who provided the information (and contact information for such contact person).

d. Licensing Verification (Only as requested)

Contractor shall include:

1) date of certification;

2) type of license;

3) license number;

4) license status;

5) expiration date;

6) renewal date; and

7) name of the contact person who provided the information (and contact

e. Employment Verification

The Contractor shall obtain information concerning the applicant’s former employment (both domestic and international) for the five (5) year period immediately preceding the date of the request.

The information shall include the name of the contact person who provided the information (and the contact information for such contact person).

If employment information provided on the application is incorrect, the Contractor will try all lawful means necessary to get correct information. If correct information cannot be obtained, the Contractor shall contact the Aviation Authority for direction.

The following information regarding employment should be included:

1) dates of employment;

2) position title;

3) salary;

4) performance overview;

5) reason for separation;

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