Draft_Prof_Svs_Agreement-Group_1_-_Large_Company.pdf

Professional Service Agreement

TBD

Taxicab Services at Phoenix Sky Harbor International Airport

Group 1 - Large Company

City of Phoenix Aviation Department 2485 E. Buckeye Rd Phoenix, AZ 85034

Title: Taxicab Services at Phoenix Sky Harbor International Airport Group 1 – Large Company

Professional Service Agreement

Taxicab Services at Phoenix Sky Harbor International Airport

1. Agreement

2. Scope of Work

3. Standard Terms and Conditions

4. Special Terms and Conditions

5. Defense and Indemnification

6. Insurance Requirements

7. Signature

EXHIBITS:

1 – 35-Mile Service Area Map

2 - Downtown Phoenix Flat Rate Map

3 - Taxicab Fleet Plan

4 - Franchisee and Owner-Operator Plan

5 - Customer Service and ADA Strategy Plan

6 - Driver Recruitment, Retention, Training and Conduct Plan

7 - Technological Solutions Plan

8 - Marketing Plan

9 – Letter of Credit Form (Performance Guarantee)

10 – Cash Deposit for Performance Guarantee

11 – Supplemental Terms and Conditions To All Airport Agreements (Revised 5-22-24 Formatting revisions 7/11/2024)

12 – Compliance With Environmental Laws (May 2022)

13 – City of Phoenix Administrative Regulations (A.R.) 1.69, 1.90 and 1.91

1. Agreement THIS AGREEMENT (Agreement or Contract), entered into upon signature and recording by the City Clerk’s department, as required by Phoenix City Code, (Effective Date), is between the City of Phoenix, an Arizona municipal corporation (City), and TBD (Contractor). The City and Contractor are collectively referred to herein as the “Parties” and individually as a “Party.”

1.1. Term of Agreement

This Agreement will expire after a five-year term, with one (1) two-year option to extend the Agreement, to be exercised at the sole discretion of the Aviation Director.

1.2. Termination

This Agreement will terminate upon the earliest occurrence of any of the following:

A. reaching the end of the term exercised as set forth in Term of Agreement.

B. termination pursuant to the provisions of this Agreement.

1.3. Recitals

A. The City Manager of the City of Phoenix, Arizona, is authorized by the provisions of the

City Charter to execute agreements.

B. The City desires to obtain the taxicab services at Phoenix Sky Harbor International Airport

(Airport or PHX) that are specifically set forth in this Agreement.

C. Contractor possesses the skills and expertise necessary to provide such goods or services as desired by the City.

D. This Agreement is authorized by the City Council S-XXXXX on TBD.

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the covenants and promises contained herein, the Parties hereby agree as follows:

2. Scope of Work

2.1. Introduction

The City of Phoenix (City) Aviation Department (Aviation) is seeking qualified providers to deliver on-demand taxicab services to the traveling public at Phoenix Sky Harbor International Airport (Airport or PHX). The initial term of the Agreement will be five (5) years, commencing on or about May 1, 2026, with one (1), two-year extension option, to be exercised at the sole discretion of the Aviation Director.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

2.2. Aviation Department Representative (ADR)

The Aviation Department Representative (ADR) or designee will coordinate all services and will be the sole judge concerning acceptability and quality of work. The ADR or designee will be consulted on any concerns or issues arising during the performance of this Agreement. The ADR for this Agreement is:

ADR Email Phone

Kelly Scali Kelly.Scali@phoenix.gov 602-683-3639

2.3. Definitions

A. ADR – Aviation Department Representative

B. ADA – Americans with Disabilities Act

C. ADOT – Arizona Department of Transportation

D. Agreement – Agreement and Contract are interchangeable throughout this document

E. Airport – Phoenix Sky Harbor International Airport (PHX) and all airport owned properties, including the PHX Sky Train stations, Rental Car Center (RCC), East Economy Lot (EEL)

F. ARS – Arizona Revised Statutes

G. AVI (Tag) – Automated Vehicle Identification (Tag)

H. CFR – Code of Federal Regulations

I. Commercial hold lot (C-Lot) - Parking area where taxis stage prior to being dispatched for a taxi service request

J. Driver - a person who operates a taxicab, under this Agreement, including franchisees, owner/operators, and independent contractors, or subcontractors or sublessees of any of these parties

K. ENS – Emergency Notification System mailto:Kelly.Scali@phoenix.gov

L. Franchisee – Person or business granted (for a periodic fee or share of profits) the right to perform taxicab services at the Airport under this Agreement using Contractor's name

M. GT – Ground Transportation – Section in Aviation that is responsible for overseeing all ground transportation operations at the Airport

N. Owner/Operator - An operator of a taxicab services vehicle that owns the vehicle and uses it for commercial operations at the Airport on behalf of a Contractor

O. PHX – Phoenix Sky Harbor International Airport

P. PHX Sky Train – Automated train that transports passengers throughout the Airport

Q. PII – Personally Identifiable Information

R. POS – Point of Sale

S. Taxi Virtual Queueing System – A system that allows taxi drivers to join a dispatching queue digitally instead of waiting in a commercial hold lot (C-Lot) physical line

T. Taxi Voucher Program - Program for contingency usage of taxis to transport passengers throughout locations as defined in Section 2.16., paragraph B.2. if there is a disruption of operations of the PHX Sky Train

U. Trip Fees – Per trip charge assessed to Contractor based off reporting from AVI tags affixed to each vehicle in the fleet

2.4. Applicable Laws and Standards

Contractor must comply with all local, city, state, and federal laws, and regulations, including but not limited to:

A. Aviation guidelines as they pertain to insurance, training and security

B. Airport Rule & Regulation 08-01: PHX Ground Transportation Operating Requirements

C. Phoenix City Code Chapter 4, Article IV, Section 4-78

D. ADA Requirements per 49 CFR § 37.29

E. Payment card industry standards per City Administrative Regulations 1.69, 1.90 and

1.91 (Exhibit 13)

F. 40 C.F.R.S 600.315-82, Classes of Comparable Automobiles

G. ADOT Rules and Regulations

H. Arizona Revised Statutes ("A.R.S.") Title 28

I. Smoke Free Arizona Act as set forth in A R.S. Sections 36-601 .01 et seq

J. Phoenix City Code Section IV, Article V, 18-21 Equal Opportunity Requirements, known as the Equal Pay Act

2.5. Performance Guarantee

A. Upon execution of the Agreement, Contractor will be required to post and maintain a

Performance Guarantee. Contractor must maintain a Performance Guarantee for the entire term of this Agreement in the form of an irrevocable standby letter of credit (LOC) or cash deposit. The Performance Guarantee secures payment of all fees and any other amounts owed by Contractor to the City under this Agreement and secures the performance of all of the Contractor’s obligations under this Agreement. City will not pay interest to Contractor on the Performance Guarantee.

B. The amount of the Performance Guarantee of this Agreement is fifty thousand ($50,000) dollars.

C. Letter of Credit or Cash:

1. If the Performance Guarantee is in the form of an irrevocable standby letter of credit (LOC), then the Contractor shall use the City’s LOC Form, attached hereto and marked Exhibit 9.

a. The LOC shall be issued by either a financial institution with counters in the Phoenix metropolitan area at which City may make draws on the LOC or a financial institution with headquarters in the United States on which City may make telefacsimile draws.

b. Unless City receives a written extension of the LOC in a form acceptable to City at least sixty (60) days before the end of the term of the LOC, City, without notice to Contractor, may draw upon the full amount of the LOC and retain all proceeds as a cash performance Guarantee.

c. Any changes to the LOC required provisions must be approved in advance by the Aviation Director.

2. If the Performance Guarantee is in the form of cash, Contractor shall deliver to City a completed Cash Deposit for Performance Guarantee Form attached hereto and marked Exhibit 10.

D. Adjustments to Performance Guarantee: City may increase the amount of the Performance Guarantee from time to time. City may increase the amount of the Performance Guarantee by giving Contractor at least thirty (30) days prior notice of the amount of the increase. The amount of the Performance Guarantee may be increased for any reason City deems appropriate, including:

1. An increase of Contractor’s financial obligations under this Agreement.

2. Contractor’s failure to pay any fees, additional payment, or any other amount when due.

3. Contractor’s financial condition changes to the extent that City is concerned about Contractor’s ability to perform under this Agreement. Contractor shall pay to the City the additional amount necessary to increase the Performance Guarantee upon notice from City.

E. Duty to Restore: The Performance Guarantee ensures the full and timely performance by Contractor of all its obligations under this Agreement and is security for payment by Contractor of all claims by City. City may draw on or make a claim against the Performance Guarantee if Contractor breaches or fails to perform under this Agreement. If City draws on or makes a claim against the Performance Guarantee, then Contractor, upon demand from City, shall replenish the Performance Guarantee to its previous amount within thirty

(30) days of City’s draw or claim.

F. Return: After the expiration or earlier termination of this Agreement, City will return the Performance Guarantee to Contractor less any fees, additional payment, or any other amount due to City.

2.6. General Requirements

A. The City grants Contractor the non-exclusive right to provide on-demand taxicab service, which includes the right of a driver to park in a designated C-Lot and be dispatched to Airport terminals and other Airport facilities to transport passengers over the private entrance and exit roadways from the Airport to the passengers' destinations. The service area is defined as an approximately thirty-five (35) mile service area as described in Exhibit 1.

B. Contractor must provide service to the entire service area twenty-four (24) hours per day, seven (7) days a week including holidays.

C. Any event that will affect the ability of the Contractor to perform the duties outlined in this Agreement must be communicated to the ADR immediately.

D. In the event of a strike or walkout or work stoppage, Contractor will continue to provide taxicab services as required under this Agreement. This type of activity is not considered a force majeure event.

E. Contractor will not engage in any business, activity, or operation at the Airport other than that permitted by this Agreement without the prior written consent and at the sole discretion of the Aviation Director.

F. Contractor agrees that at no time will the City have any contractual relationship with any of Contractor's drivers, franchisees, independent contractors, or owner/operators used by Contractor to provide taxicab services under this Agreement.

G. Airport Property

1. In accordance with the Phoenix City Code, Contractor is, at Contractor’s own expense, fully responsible for all damages to Airport Property, including the GT office, caused by its drivers in the performance of this Agreement. Contractor’s failure or refusal to reimburse the City for damage caused to Airport property will constitute a breach of contract and in addition to all other remedies, the City may refuse Contractor access to the Airport until the City has been fully compensated. Should the City be required to provide additional janitorial and custodial services to any facilities used by the Contractor, including the GT office, the Contractor will be billed the cost of the services at the rate set at that time by the City.

2. Contractor will not install, remove, or replace any equipment, appliances, or furnishings including vending machines at the Airport without prior written approval by the ADR.

2.7. Operational Requirements

A. Contractor will provide all vehicles, staff, communications equipment, and all necessary supervision to ensure services are carried out per the requirements of this Agreement.

B. Individuals assigned to work at PHX must pass a criminal background check as defined in Phoenix City Code (PCC) Chapter 4, Article IV, Section 4-68 and in compliance with Airport Rule & Regulation 08-01: PHX Ground Transportation Operating Requirements.

C. Within 60 days from the Effective Date of this Agreement, Contractor must present vehicles to ADR for inspection to ensure vehicles meet all contractual requirements and to affix to each vehicle an Automated Vehicle Identification Tag (AVI) and an Airport Annual Decal.

D. Within 90 days from the Effective Date of this Agreement, Contractor must begin service with its Base Fleet.

E. Contractor must comply with the following plans, as approved by the City. Any changes to the following plans must be approved by the ADR:

1. Taxicab Fleet Plan (includes Taxicab Fleet List, Fleet Acquisition Plan, Daily Fleet Utilization Plan, and Vehicle Maintenance Plan) outlined in Exhibit 3

2. Franchisee and Owner/Operator Plan outlined in Exhibit 4

3. Customer Service and ADA Strategy Plan outlined in Exhibit 5

4. Driver Recruitment, Retention, Training and Conduct Plan outlined in Exhibit 6

5. Technological Solutions Plan outlined in Exhibit 7

6. Marketing Plan outlined in Exhibit 8

F. The ADR reserves the right to make changes or adjustments to these Operational Requirements during the term of the Agreement, if necessary. If Contractor is unable to meet these Operational Requirements, in addition to any other remedies available (including termination), the Aviation Director may negotiate with other taxicab service contractors to provide additional fleet service at the Airport.

G. Contractor must limit passenger wait times to fifteen (15) minutes or less at all times.

Contractor may incur liquidated damages when passenger wait times exceed fifteen (15) minutes and less than ninety percent (90%) of Contractor's base fleet is in use at the Airport. Such damages will be assessed no more than once in any 60-minute period in accordance with Section 2.18.

H. Contractor must operate its entire base fleet each day. Unless Contractor demonstrates that exigent circumstances prevent compliance, Contractor may incur liquidated damages when Contractor operates less than eighty percent (80%) of Contractor's base fleet in a twenty-four (24) hour period. See Section 2.18. for liquidated damages information.

I. Contractor must ensure that wheelchair and mobility device accessible vehicles are available to provide ADA service within fifteen (15) minutes of a passenger request twenty-four (24) hours a day, seven (7) days a week throughout the term of the Agreement.

J. Passenger Safety

1. A taxicab driver must not discharge or otherwise require any passenger to leave the taxicab other than at the passenger's requested destination without cause.

2. For this paragraph, "cause" means the taxicab has become disabled or the passenger has become disorderly or has refused to pay the authorized fare.

3. A driver who requires a passenger to leave the taxicab other than at the passenger's requested destination must do so only at a well-lit public place, or if the taxicab has become disabled, to another taxicab, and the driver must immediately notify Contractor's road supervisor of the incident.

K. Lost and Found Requirements

1. Contractor will return all property left by a passenger in a taxicab to one of the following individuals within thirty (30) minutes of discovery:

a. Taxicab service company road supervisor

b. Designated waiting area dispatcher/starter

c. GT staff

d. Airport Operations staff

2. Drivers must refer customers to the GT office to retrieve their property, or drivers may return the property to the owner. Prior to returning the property to the owner, the driver must notify the Contractor's road supervisor. The driver must not charge a fare or service fee for delivering the property to the owner.

3. The Airport phone number to report lost and found items is (602) 273-3333.

4. Contractor must maintain a log of all lost and found items returned to passengers that includes item description, date, location, taxi number, and name of driver or employee returning the item. Contractor must submit the log of items returned for each month to Aviation no later than twenty (20) days after the end of that month.

5. Contractor must take measures to protect any personal identifying information on lost items such as identification cards, credit cards, etc., as required by law and as set forth in City Administrative Regulations 1.69, 1.90 and 1.91 (Exhibit 13). Contractor agrees it has no right to lost and found items and acknowledges that under no circumstances will lost and found items be returned to Contractor.

6. The City will not assume liability in any case where Contractor or driver, operating under its Agreement, makes direct contact for return of lost and found items with a customer.

2.8. Trip Fees

A. Trip Fees – Requirements

1. Contractor must pay a trip fee in the amount set by Phoenix City Code Chapter 4, Article IV, Section 4-78.

2. Trip fees will increase annually at the lesser of three (3) percent or the percent of change in the most current Consumer Price Index for Phoenix-Mesa-Scottsdale, All Urban Consumers published by the U.S. Department of Labor, Bureau of Labor Statistics, or such revised index that may be subsequently published by the Bureau.

3. Any adjustment to the trip fee will be reflected in the Phoenix City Code, Chapter 4, Article IV, Section 4-78. Contractor will be responsible for payment of trip fees for the applicable vehicle rate as provided in the Phoenix City Code.

B. Trip Fees – Collection

1. Contractor is responsible for payment of all trip fees to the City. Contractor must not collect trip fees, directly or indirectly, from drivers, independent contractors, franchisees, owner/operators, except in cases where a driver, or owner/operator who is a shareholder, member, partner of, or otherwise holds an ownership interest in Contractor. Contractor must not collect trip fees directly or indirectly from passengers.

2. A trip fee will be initiated each time a taxicab enters C-Lot for the purpose of picking up a passenger or for each passenger drop off at the Airport.

a. These will be tracked via an Automated Vehicle Identification (AVI) tag issued by the Aviation Department.

b. Please see Section 2.13(N) for additional information on AVI tags.

3. The City will invoice Contractor monthly for trip fees, which Contractor must pay in full within thirty (30) days of the invoice date. All unpaid sums after thirty (30) days will be subject to a delinquent account fee in an amount set by Phoenix City Code Section 4-7. Contractor's refusal or failure to pay the applicable trip fee, including any delinquent account fees, constitutes a breach of contract and subjects Contractor's privileges under this Agreement to immediate suspension or termination.

4. In the event the ADR approves short-term operation of taxicabs not included in Contractor's City-approved fleet, which do not have Airport-issued AVI Tags affixed, trip fees will be added to Contractor's invoice in an amount proportionate with the number of vehicles. For example, if Contractor operates a City-approved fleet of ten

(10) taxicabs and is approved to operate two (2) additional taxicabs (which are not included in Contractor's City-approved fleet) for a period of one day, City will add twenty percent (20%) of Contractor's trip fees for that day to the invoice for that period.

2.9. Fare Requirements

A. The Aviation Director may increase or decrease the fare rates during the term of this

Agreement not to exceed the amounts authorized in the Phoenix City Code. Phoenix City Council may amend the established fare rates for taxicab services during the term of this Agreement. Contractor must adjust the taximeters and rate signs of all vehicles operating under this Agreement to reflect new fare rates when new rates become effective.

B. Drivers may only charge fares at rates equal to or less than the maximum meter rates established by the Phoenix City Code, as may be amended, and must furnish receipts upon passenger request.

C. Drivers will not allow a non-paying passenger to ride in the vehicle, with the exceptions of Contractor supervisors, City representatives, or Arizona Department of Transportation ("ADOT") representatives, for purposes of inspection and/or training.

2.10. Fare Payment Requirements

A. Each vehicle operating under this Agreement must have Contractor supplied electronic credit/debit card Point of Sale (POS) equipment installed in the backseat and available to accept credit/debit card transactions for payment of fares.

1. POS equipment must accept traditional credit/debit cards using a swipeable magnetic strip, insertable chip and tap to pay functionality.

2. Contractor must accept credit cards from the following issuers: American Express, MasterCard, Discover, and Visa, and must post window decals for these credit cards in each vehicle operating under this Agreement.

3. POS equipment must accept payment using contactless credit/debit cards from a minimum of two of the major mobile payment applications, including Android Pay, Apple Pay, Google Wallet, and Samsung Pay. The mobile payment applications selected by the Contractor must be approved in advance by the ADR.

4. Contractor must post window decals for mobile payment systems accepted by transaction equipment installed in each taxicab.

B. Contractor must have POS equipment installed and available at Contractor's dispatch center to accept credit/debit card transactions for payment of fares in case of taxi equipment malfunctions.

C. Contractor or any representative of Contractor must not charge a passenger any fees associated with processing credit/debit card payments.

D. Contractor must not charge a driver, independent contractor, franchisee, or owner/operator operating under this Agreement any fees associated with processing credit/debit card payments, except for a driver or owner/operator who is a shareholder, member, partner of, or otherwise holds an ownership interest in Contractor.

E. Contractor is required to ensure all credit/debit card transactions conducted by drivers operating under this Agreement be completed through Contractor-supplied machines. A driver is prohibited from using his or her own device or manual credit card impression machine to conduct credit/debit card transactions. If Contractor's credit/debit card transaction equipment installed in a vehicle malfunctions or becomes inoperable during a trip, the driver must call Contractor's dispatch to process the passenger's credit/debit card over the phone.

F. Contractor can use a third-party credit card processor for credit/debit card payment transactions. However, the customer's credit/debit card receipt and statement must clearly identify the payment was for taxi services to prevent confusion.

G. Contractor is responsible for compliance with Payment Card Industry Data Security Standards for all credit/debit card transactions conducted under this Agreement, as defined in City Administrative Regulation 1.69, attached hereto in Exhibit 13.

2.11. Fleet Requirements

A. Contractor must initiate service with a base fleet of sixty (60) vehicles ("Base Fleet").

B. Fifteen (15) percent of the sixty (60) vehicles of the base fleet operated under this Agreement for taxicab services must be operated by franchisees or owner/operators for the term of the Agreement.

C. Within thirty (30) days of Agreement execution, Contractor must provide ADR with a list of the franchisees or owner/operators operating under this Agreement. The list must include

1. The primary driver’s name,

2. The Vehicle Identification Number

3. The name under which the vehicle is registered.

D. Should the ADR decide to adjust above or below Base Fleets, the adjustment will be applied using an equal percentage to each taxicab service Contractor's fleet and will be Contractor's allocated fleet.

E. The ADR, at his or her sole discretion, may adjust the Base Fleet size as may be necessary to meet passenger demand. Increases or decreases in the Base Fleet size may be made from Contractor's originally awarded Agreement, or the Aviation Director may negotiate additional taxicab service agreements.

F. If Contractor is unable to meet its Base Fleet size obligation, the Aviation Director, in addition to any other available remedies (including termination), may negotiate with existing or additional contractors to provide taxicab services at the Airport.

2.12. ADA Requirements

A. At least ten percent (10%) of vehicles in the Base Fleet must comply with the Americans with Disabilities Act (ADA) and be wheelchair accessible for the term of this Agreement.

B. Contractor must ensure these wheelchair accessible vehicles are available to provide ADA service within fifteen (15) minutes of a passenger request on a twenty-four (24) hours per day, seven (7) days per week basis.

C. At any time during the term of this Agreement, ADR may require Contractor to increase the number of wheelchair accessible vehicles.

D. If ADR determines an increase in wheelchair accessible vehicles is needed, Contractor will be given at least thirty (30) days to purchase such vehicles and at least thirty (30) additional days to outfit and configure vehicles according to Fleet Requirements outlined in this Agreement.

E. Accessible vehicles used by Contactor must have stowing equipment for wheelchairs and other mobility devices that are in safe and operable conditions.

F. Contractor must employ operators who are trained in the safe operation of accessibility equipment and customer service for riders with disabilities.

2.13. Fleet Specifications

All vehicles operating under this Agreement must:

A. At the time-of-service execution, have less than 100,000 miles and must be no older than five (5) years old.

B. Be limited to a service life of 400,000 miles and must not be older than eight (8) years at any time during the term of this Agreement (for example, a model-year 2019vehicle becomes ineligible to perform taxicab services under this Agreement after April 30, 2027).

C. Vehicle Replacements - Any time a vehicle is replaced, the replacement vehicle must have the lesser of:100,000 miles or less, or fewer miles than the vehicle it replaces.

D. Be large-size or mid-size vehicles as determined by 40 C.F.R. § 600.315-08, Classes of Comparable Automobiles.

E. Have a designated minimum seating capacity of four (4) passengers, not including the driver, with separate cargo space.

F. Have usable cargo space greater than or equal to 15 cubic feet.

G. Hae ADA compliant vehicles, and the vehicles must be wheelchair and mobility device accessible and have a designated minimum seating capacity of four (4) passengers, not including the driver, which includes one (1) forward facing wheelchair position with, at a minimum, four-point tie-down securement in functional order.

H. Be equipped with a communications system, approved by the ADR, capable of communicating with Contractor's base or dispatch center. Contractor's communications system must be operational at all times throughout the term of the Agreement and comply with federal, state, and local laws.

I. Have a properly installed and maintained air-conditioning system to provide sufficient passenger comfort at all times. Air conditioners must be operable at all times when temperatures reach 85 degrees Fahrenheit or higher or upon passenger request. Heaters must be operable upon passenger request and must sufficiently heat the interior of the vehicle when necessary.

J. Be structurally sound and maintained in accordance with Arizona Revised Statutes ("A.R.S.") Title 28. Contractor must immediately present any damaged vehicle to the City for inspection and must repair the vehicle by the date specified on the repair notice issued by the City.

K. Be free of any exterior body damage; maintained in a damage free and clean condition;

be free of oxidation or rust; and be clean from road dust, mud, and grime. Wheel covers must be mounted on all wheels at all times.

L. Ensure vehicle interiors and exteriors are in clean condition, free from foreign matter and offensive odors. There must be no litter in the vehicle or trunk and the upholstery must be kept clean, intact, and free of rips and tears.

M. Comply with the Smoke-Free Arizona Act as set forth in A R.S. Sections 36-601.01 et seq.

N. AVI TAG - Be equipped with a fully functioning Automated Vehicle Identification Tag ("AVI Tag"), which provides automated tracking of equipped vehicles entering and exiting the Airport and the amount of time each vehicle spends at the Airport.

1. The City will install one (1) AVI Tag in each vehicle operating under this Agreement, including any vehicles used by franchisees, owner/operators, or Contractor's supervisors and/or general manager.

2. Each AVI Tag is registered to a specific vehicle and is not interchangeable or transferable. Contractor and its drivers must not damage, disable, tamper with, or otherwise interfere with AVI Tag.

O. In-Vehicle Public Safety Monitoring Systems

1. Equip taxi fleet vehicles with an on-board monitoring system with the following capabilities:

a. Video with Audio recording – to ensure customer satisfaction, validate customer complaints, and protect the driver from illegitimate claims

b. GPS navigation, providing the route driven to a destination

c. Speed Limit Indication (SLI) – notifies of the speed limit and if the driver exceeds it

P. Taximeters

1. Display and calculate fares in a manner as prescribed in Phoenix City Code Section 4-78.

2. Display the distance for which a taximeter is adjusted inside the vehicle as directed by the ADR.

3. Contractor must maintain staff trained to inspect, calibrate and seal taximeters in accordance with ADOT requirements.

4. If a taximeter has been damaged or repaired such that the damage or repair might affect the accuracy of its reading, or if any of the official security seals have been damaged or mutilated, such device must not thereafter be used until it has been officially examined and approved to go back into service in a manner approved by

ADOT.

5. Contractor or driver must not tamper with the taximeter or any seal cable connection or part thereof or make any change in the vehicle's mechanism or its tires that would affect the operation of the taximeter.

6. Contractor must not allow a vehicle to operate under this Agreement unless all taximeter seals and cable housing seals are in good condition.

Q. Alternative Fuel Requirements

1. The Airport is committed to incorporating sustainable principles and practices into its operation, management and administrative processes and strengthening sustainability throughout the Airport. Unless otherwise approved by the ADR, Contractor may only operate vehicles at the Airport meeting the following alternative fuel requirements:

a. E-85

b. Hybrid

c. Plug-in Hybrid Electric

d. Electric

2. If Contractor operates hybrid vehicles, Contractor must also operate plug-in hybrid electric vehicles equal to at least five percent (5%) of the total base fleet.

3. Additional requirements for electric and hybrid vehicles may be phased in based on the increase of Airport infrastructure. Contractor will receive 60 days’ advance notice prior to any changes in the current requirements.

R. Trade Dress

1. Be marked with Contractor's trade dress. Contractor must submit to the ADR a depiction (photographic or otherwise) of the trade dress adequate to identify the color scheme and markings common to Contractor's vehicles to distinguish them visually from other taxicab service vehicles at the Airport.

2. Display the proper decals reflecting authorization to operate as a taxi in the State of Arizona ("State").

3. Be free of taximeter rate displays on the windows or door glass. No other fares will be displayed on the interior or exterior of the vehicle unless approved in writing in advance by the ADR. The interior rate sign must include a map depicting the boundaries of the downtown Phoenix flat rate area, as detailed in Exhibit 2. The rate graphic must be submitted and approved by the ADR for consistency with other taxicab Contractors and Airport signage.

4. Display prominently on both vehicle exterior rear-side panels the taxicab vehicle number, which must be six (6) inches tall and six (6) inches wide or larger.

5. Display prominently on the vehicle dashboard, in a manner that is viewable to passengers in the rear seat and as prescribed by the ADR, the driver's Aviation-issued Driver Placard and a contact number for Contractor.

6. Display prominent instructions for passengers to submit comments, as prescribed by the ADR.

7. Permanently display the taximeter rates, as prescribed by the Phoenix City Code, on the interior and on exterior door panels of each vehicle, as follows:

a. The minimum fare

b. First mile rate

c. Each additional mile rate

d. Traffic delay charge per hour

e. Downtown Phoenix flat rate area, as depicted in Exhibit 2

2.14. Vehicle Inspection

A. Contractor must comply with the vehicle inspection requirements contained in Airport

Rules and Regulations 08-01: PHX Ground Transportation Operating Requirements.

B. In addition, the City will conduct biannual inspection of the vehicles to ensure they meet all City requirements including functional condition of vehicle and equipment, mileage requirements, appearance and trade dress requirements.

C. Contractor must, upon forty-eight (48) hours' written notice, make vehicles operating under this Agreement available to the City for inspection.

D. Failure to make any vehicle available for noticed inspection without good cause, or failure of any vehicle to pass inspection, in the sole determination of the City, constitutes a breach of this Agreement by Contractor, except that Contractor will have a reasonable time to make repairs.

E. Contractor must immediately remove from service any vehicle that does not pass a vehicle inspection.

F. Contractor must submit to the City for inspection any vehicle that has been repaired in response to a failed vehicle inspection. Contractor must obtain approval from City before Contractor returns the vehicle to service.

2.15. Staffing Requirements

A. Franchisee and Owner/Operator Plan

1. Contractor must obtain Franchisee and Owner/Operator participation as required and in accordance with its Franchisee and Owner/Operator Plan (Exhibit 4). Contractor may be deemed in breach of this Agreement if it does not maintain the minimum percentage of franchisee and/or owner/operator participation.

2. The City will review the good faith efforts that Contractor has made to meet the minimum participation requirement. For purposes of this Section, "good faith efforts" means efforts to achieve this requirement based on Contractor's:

a. Adherence to its plan.

b. Willingness to negotiate with prospective participants.

c. Reasonableness of any costs associated with the business opportunity.

d. Efforts made to assist participants in obtaining financing.

e. Reasonableness in assisting in obtaining vehicles or other equipment.

f. Reasonableness of any rejection of willing participants.

B. General Manager Contractor's General Manager (GM) must:

1. Facilitate management of this Agreement.

2. Serve as Contractor's primary contact for City staff.

3. Be available during regular business hours (local Phoenix time).

4. Response Time

a. Respond to City inquiries within one business day.

b. Provide immediate, in-person response to the City on accidents, labor issues, and other critical issues, regardless of the time or day. GM must respond in-person within one hour of notification from City.

5. Attend monthly operations meetings.

6. Attend other meetings, events, or other airport related functions called by the City.

7. Be equipped with a mobile phone to receive Emergency Notification System transmissions, access the AVI vehicle staging application, and receive telephone calls 24 hours per day, 7 days per week from the City.

8. Delegate to a qualified person on staff to act on GM's behalf when the GM is on leave and give at least forty-eight (48) hours' notice to the ADR before such person begins acting on GM's behalf [delegate must meet background check requirements provided in City of Phoenix Code Chapter IV Article 4-68(C)(1).

9. Be responsible for Contractor's compliance with all contractual obligations.

C. Supervisors

1. Supervisors will be responsible for the daily activities of all drivers operating under this Agreement. Supervisors will provide continuous daily monitoring of all drivers and ensure compliance with all applicable Airport rules, regulations, and procedures, including those in Exhibits 3 through 13. Supervisors will be liaisons between the City and the drivers.

2. Contractor must have at least one (1) non-driver supervisor on duty twenty-four (24) hours per day, seven (7) days per week including holidays.

3. Contractor's Supervisors must:

a. Work cooperatively with City representatives to ensure quality service, provide operational data, respond to questions and comments from customers and the public, and respond to specific requests for other assistance as needed.

b. Respond to any request by City representatives within 10 minutes.

c. Be equipped with a mobile phone to receive Emergency Notification System transmissions, access the AVI vehicle staging application, and receive telephone calls 24 hours per day, 7 days per week from the City.

d. Only drive dedicated supervisory vehicles with fully functional AVI tags while on Airport.

e. Ensure unauthorized items, including furniture, appliances, leaflets, and advertisements, are not brought into the C-Lot or GT Office by drivers, or if so, are removed immediately.

f. Ensure vehicles are compliant with all contractual requirements, local, state and federal laws including:

i. Cleanliness of vehicles

ii. Quality and presentation of the vehicle fleet

iii. Fleet availability to meet customer demand

iv. Functionality of taxi meters and credit/debit card machines

v. Proper display of Driver Placards

vi. Trade Dress requirements

vii. State smoking regulations in vehicles and Airport facilities

viii. Established dispatch procedures

ix. Motor vehicle laws (posted signs, speed limits, etc.)

x. ADA and wheelchair accessible vehicle requirements and timely response

xi. Use of an electronic form, in a format approved by the ADR, to report daily unusual incidents and activities

xii. Accept and process credit/debit card transactions for payment of fares on behalf of driver in the event driver's credit/debit transaction becomes inoperable

g. Remove any driver from the Airport upon a determination that the individual has been assigned a duty for which he or she is not qualified for, either due to suitability or security reasons, or is found to be unfit for the performance of duties. The ADR may request the removal of any driver determined to be in non-compliance with driver qualifications for the Airport, driver conduct requirements, or federal, state, county, or City law. Contractor will bear full financial responsibility for costs when removal/replacement is necessary as determined by the City,

h. Immediately report to Aviation staff any damage to or cleaning issues in the Ground Transportation Office restrooms, staging areas, covered patio, community room or terminal curb areas.

D. Drivers

1. Contractor is directly responsible for the conduct of all drivers operating under this Agreement, notwithstanding the legal relationship entered into by and between Contractor and the driver, including franchisees, independent contractors, owner/operators, and subcontractors or sub-lessees of any of the above.

2. Any breach of the terms and conditions of this Agreement will be construed as a material breach of this Agreement by Contractor and subject the Agreement to termination in whole or in part with cause. It is the express intent of the parties that the status of any driver will not act as any bar, defense or in any matter absolve Contractor from direct responsibility for the conduct of the driver.

3. Contractor must remove any driver from the Airport upon a determination that the individual has been assigned a duty for which he or she is not qualified for, either due to suitability or security reasons, or is found to be unfit for the performance of duties.

The ADR may request the removal of any driver determined to be in non-compliance with driver qualifications for the Airport, driver conduct requirements, or federal, state, county, or City law. Contractor will bear full financial responsibility for costs when removal/replacement is necessary as determined by the City.

4. Prior to operating any vehicle providing service under this Agreement, drivers assigned to work at PHX must pass a criminal background check as defined in Phoenix City Code (PCC) Chapter 4, Article IV, Section 4-68 and in compliance with Airport Rule & Regulation 08-01: PHX Ground Transportation Operating Requirements.

5. Contractor is responsible to ensure all drivers are compliant with the security badging process and Driver Placard requirements during the term of the Contract. Driver Placards are the property of the City of Phoenix. If, for any reason, a driver ceases operating under Contractor, Contractor must return the Driver Placard within five (5) days.

6. Contractor must provide the City with proof it has verified the qualifications of each driver as set forth in the Phoenix City Code including:

a. Drivers must be at least nineteen (19) years of age.

b. Drivers must successfully complete a criminal background check as required by the City of Phoenix Code Chapter IV Article 4-68(C)(1).

c. Drivers must be subject to Contractor's alcohol and substance abuse screening program.

d. Drivers must successfully complete Contractor's customer service training program.

e. Drivers must successfully complete training on Airport operating requirements.

f. Drivers must have successfully completed a driver safety training program approved by the City within the preceding twenty-four (24) months as well as all training listed in Exhibit 6.

7. The City reserves the right to conduct its own customer service, driver, and Airport familiarization-training courses for Contractor's drivers to augment Contractor's driver training program.

a. Drivers must pass an examination administered by Aviation's Operations Division.

b. The examination is comprised of six (6) sections testing knowledge of the Phoenix metropolitan area, use of directions (north, south, east, and west), map reading, fare estimation, Airport Rules and Regulations, and customer service scenarios.

8. Contractor will recruit, train, supervise, direct, and deploy the optimum number of drivers and driver staff to meet the service requirements of this Agreement.

9. Contractor must ensure that its drivers and staff maintain high standards of professional conduct and appearance while on duty.

10. Contractor’s proposed Driver Recruitment, Retention, Training and Conduct Plan attached in Exhibit 6 must specify the standards Contractor will require of its drivers and staff to ensure professional conduct and appearances during the performance of this Agreement.

2.16. Contingency Plan Operations - Taxi Voucher Program

A. Contingency Plan Overview

1. During any PHX Sky Train service interruption, the City may authorize Contractor to provide available transportation resources to assist with passenger movement between the PHX Sky Train Boundaries (as defined in Section 2.16., paragraph B(2), Contingency Plan Activation, below). Payment to the Contractor will be through a City sponsored voucher program.

2. A pre-paid ride voucher will be offered only to passengers who need to be transported within Sky Train Boundaries during a Sky Train service interruption. Passengers traveling to off-Airport locations will not be entitled to a pre-paid voucher and will be responsible for the full fare.

3. In consideration of the taxi services to be provided and agreement to utilize the City sponsored voucher program, the City will pay Contractor a flat rate per trip, to be applied to each trip within the PHX Sky Train Boundaries. A trip is defined as a one-way ride per individual, or per group/family traveling together, within the PHX Sky Train Boundaries. Payment by the City is subject to the provisions in Section 2.16, paragraph E, Carry-Over Period, and Section 2.16, paragraph F, Price.

4. The City may also authorize the use of taxicab street fleets during overwhelming passenger queuing, and/or use other available Contractor resources (i.e.,15 passenger vans), to be provided by the Contractor. Payment for the use of street fleet resources will be restricted to the flat rate per trip, as defined in the preceding paragraph.

5. The City reserves the right to adjust this Contingency Plan as operationally necessary and may also cancel use of any additional taxi resources, and/or terminate the voucher program at any time.

B. Contingency Plan Activation

1. Taxi Company, Taxi Road Supervisors, contracted dispatch service Supervisors (Delta 10), contracted dispatch service General Manager and Assistant General Manager, and the C-Lot Dispatcher will be contacted via an Emergency Notification System (ENS) text message, and via phone by a GT Supervisor or on-duty Airport Operations staff to communicate the PHX Sky Train Contingency activation (Activation) and possible duration, if known. PHX Sky Train Contingency start and end time must be documented. ENS communications will identify the location of the outage and areas serviced by the PHX Sky Train where passenger assistance is needed (Service Area). All Airport taxis and street taxis are required to service passengers between the Rental Car Center and any on Airport location.

2. The on-Airport locations (collectively, PHX Sky Train Boundaries) include:

a. 44th St. Station (200 S. 44th St.)

b. East Economy Lot (EEL) Station (4405 E. Sky Harbor Blvd.)

c. Terminal 4 (3800 E. Sky Harbor Blvd.)

d. Terminal 3 (3400 E. Sky Harbor Blvd.)

e. 24th St. Station (1400 S. Copperhead Dr.)

f. Rental Car Center (RCC) (1805 E. Sky Harbor Circle South)

3. Taxi drivers are not required to enter/exit the C-Lot for dispatching after each trip during an Activation and shall continue to service the Service Areas during the contingency and until the contingency is deactivated.

4. Taxis not currently in the Airport vicinity at the time of the notification shall be assigned directly to the Service Area and may skip entry into the C-Lot, or they will be dispatched directly to the Service Area by the dispatcher if they have returned to the C- Lot.

5. Taxis already staged in the C-Lot at the time of the notification will be manually dispatched by the dispatcher to the assigned location for passenger service.

C. Taxi Voucher Program - Voucher Distribution

1. Airport staff will be assigned to each of the PHX Sky Train Boundary locations listed in Section B, Contingency Plan Activation and will be responsible for providing passenger(s) one (1) voucher per person or group traveling together (see Section F, Price) to be used between PHX Sky Train Boundaries only.

2. Taxis servicing passengers with a voucher will continue to service the PHX Sky Train Boundary Service Area(s) and are highly encouraged to continuously pick-up and drop-off passengers between these stations/terminals without returning to the C-Lot (e.g., When a taxi driver drops a passenger off at the RCC, the driver will pick-up another passenger at RCC for a return trip within the PHX Sky Train Boundaries and may continue this loop until the contingency is deactivated).

3. If a customer is not going to a location within the PHX Sky Train Boundaries, but rather a location outside the Airport, the driver will run the meter and charge the normal fare rate and will not use a voucher. Dispatch will be in continuous contact with PHX Operations staff to determine the station/terminal requiring service. The City is not liable for paying the Contractor for any submitted voucher where underlying transportation was outside of PHX Sky Train Boundaries, even if passenger(s) presents driver with a voucher.

4. During a Contingency Plan Activation, drivers should confirm the destination with the customer, prior to providing transportation service, to determine if the trip is to be paid by voucher or the normal fare rate. Drivers will collect the voucher directly from each passenger and submit it directly to their employer.

5. If a customer dispute arises over the use of the voucher, drivers may direct the customer to call GT management at (602) 273-3383.

D. Contingency Plan Deactivation

1. Upon official notice from the Communications Center (COMMS), or the Airport Duty Manager (ADM) of the Contingency Plan Deactivation, GT or any PHX Operations staff will notify the Taxi Company, Taxi Road Supervisors, contracted dispatch service Supervisors (Delta 10), contracted dispatch service General Manager and Assistant General Manager, and the C-Lot Dispatcher via an ENS text message and by phone of the deactivation of the Contingency Plan.

2. Contractor will be responsible for immediately notifying its drivers of the deactivation.

Taxi drivers already staged at the curb without a voucher can remain on the curb to service passengers and then must return to the C-Lot upon returning to the Airport to resume normal operations.

3. Divers presented with a voucher after a deactivation will complete the ride and must report directly to the CLot to resume normal operations.

4. The end time will be the official notification by COMMS or the ADM.

E. Carry Over Period

1. The Carry Over…