Mobility_RFP_2024.docx

REQUEST FOR PROPOSALS (RFP)

RFP NO.:

Passenger Mobility Services

PROJECT DESCRIPTION: To provide Passenger Mobility Services to ensure the courteous, safe, and expeditious movement of customers who require mobility assistance. This is accomplished through managing and operating a fleet of mobility vehicles that will provide mobility assistance in Terminal C of The Orlando International Airport.

DATE OF ISSUE:

PRE-PROPOSAL MEETING:

DEADLINE FOR QUESTIONS:

DIRECT ALL QUESTIONS & INQUIRES TO:

Name: Janice K. Hughes, CPPB Title: Senior Purchasing Agent Email: Janice.Hughes@goaa.org Phone: (407) 825- 6425

RFP DUE: Tuesday, XXXXXXXXX, 11:00 a.m., EST

TABLE OF CONTENTS

5.14

The Greater Orlando Aviation Authority (GOAA) uses an online solicitation platform powered by Mercell Source to Contract (Mercell) (formerly knowns as Negometrix USA) to:

· Post and accept submissions for Request for Quotes (RFQ) and Request for Information (RFI).

· Post only for Request for Proposals (RFP), Invitation for Bids (IFB) and Statement of Qualifications (SOQ).

GOAA encourages you to register on the Mercell platform and to add commodity codes to your account so that you will automatically be notified of solicitation opportunities with GOAA that may be of interest to your firm.

Register on Mercell

Registration is a simple and free process that takes only a few minutes. Please click the link below and fill out the registration form. GOAA believes that this online transition will be of benefit to all vendors, greatly reducing the time and cost attributed with printing and shipping multiple copies of solicitation responses. To register with Mercell follow the link:

https://app.negometrix.com/registration.

If you already have a Mercell profile, you will not need to register again to participate in GOAA bids.

You can find all current GOAA solicitations at: https://app.negometrix.com/buyer/5681

Additional Information

Suppliers can check out the support video in the link below for a full walkthrough of the Mercell USA platform, after registering to submitting your first solicitation:

https://youtu.be/4mpFfFaPp2M

Need Assistance?

The Service Desk for the Mercell platform is available from Monday – Friday, 7:00 am – 12:00 pm EST for any assistance you may need. You can check out frequently asked questions on their Support Page, https://help.negometrix.com/en/support/home, or find the contact information below:

Mercell Service Desk

Email: servicedesk.us@negometrix.com Phone: (724) 888-5294

GENERAL INFORMATION

1.1 Tentative Schedule

Release Date Pre-Proposal Meeting Date (9:00 am Eastern Time Deadline for submission of questions (5:00 pm Eastern Time) Release of Addendum, if any Deadline to submit Proposals (by 11:00 am Eastern Time) Concessions/Procurement Committee (CPC)* Interviews, if necessary* Recommendation to the Aviation Authority Board* *Sunshine Meeting schedules are posted weekly on the Aviation Authority website.

1.2 Intent and Purpose

1) The Greater Orlando Aviation Authority, Orlando International Airport (Aviation Authority) is soliciting sealed Proposals from qualified and experienced passenger mobility service firms to provide and operate mobility vehicles to assist passengers in Terminal C.

2) The Contractor shall provide all labor, supervision, equipment, tools, materials, supplies, uniforms, vehicles and all other items necessary or proper for, or incidental to, providing the mobility services including, but not limited to, ensure the courteous, safe, and expeditious movement of passengers in the arrival and departure concourses, Federal Inspection Station, and other areas in Terminal C of the Orlando International Airport.

3) The Aviation Authority intends to select the Proposer that it deems to be the most highly qualified, responsible, and responsive to the Aviation Authority to perform the required services after considering the evaluation criteria, in its exclusive discretion.

1.3 Solicitation Information

Solicitation documents may be examined and are available for download from the Aviation Authority’s Purchasing Department’s website or by visiting GOAA’s online solicitation platform powered by Mercell Source-to-Contract (Mercell) at www.orlandoairports.net/purchasing or https://app.negometrix.com/buyer/5681.

a. Mercell provides supplier registration services, document fulfillment, and other purchasing related services to the Aviation Authority and to suppliers doing business with the Aviation Authority. There is no charge for the Proposer to register and any award resulting from this solicitation will not require any payment by the Proposer to Mercell.

b. If you received this solicitation document from any source other than Mercell, please promptly register your interest in this solicitation with Mercell.

c. Late Proposals, as determined by the official time clock located in the Purchasing Department’s Office will not be considered and may be returned to the Proposer as non-responsive.

d. Proposal openings shall be public, opened on the date and at the time specified on the Proposal form. The Proposer’s name and verification of bond submittal, if applicable, will be publicly announced aloud at the Proposal opening.

e. The Proposal Summary is posted on the Aviation Authority’s Purchasing Department’s website: www.orlandoairports.net/purchasing and on Mercell’s website: https://app.negometrix.com/buyer/5681

f. All prospective Proposers shall thoroughly examine and become familiar with the Proposal package and carefully note the items which must be submitted with the Proposal as detailed in Section 8.0, Proposal Submittal Requirements.

g. Submission of a Proposal shall constitute an acknowledgment that the Proposer has read and understands the Proposal Documents. The failure or neglect of a Proposer to receive or examine any Proposal Document shall in no way relieve it from any obligations under its Proposal 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.

h. Proposer's Proposal prices shall remain firm for the duration of the initial term of the Contract. Any anticipated increases in Proposer's costs during the initial term of the Contract must be reflected in its prices set forth in its Proposal. 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 Proposer's mistake or miscalculation of prices, underestimation of costs, or for any other reason. All of the Proposer's overhead costs, including, but not limited to, costs of the required bonds and insurance coverages, shall be included in such Proposer's prices listed in its Proposal.

1.4 Pre-Proposal Meeting

a. If a Pre-Proposal Conference is held, please see the Cover Page of this solicitation for the location, date, and time.

b. If participating in the Pre-Proposal Meeting, participants are respectfully requested to RSVP to Janice.Hughes@goaa.org with their company name and contact information.

c. The purpose of any Pre-Proposal Conference is to review and discuss the solicitation (and any addenda) as published. Attendance is not mandatory but is highly encouraged. Proposers are expected to be familiar with the Proposal Documents.

d. The Aviation Authority may offer a non-mandatory site visit for firms interested in touring the airport areas. The Aviation Authority reserves the right to schedule multiple site visits based upon the number of individuals interested in participating. This tour will be limited to no more than two (2) individuals per firm. Firms must RSVP in order to participate in the tour. An addendum will be posted with dates and times that the tour(s) are available and requirements to attend.

1.5 Contract Period - Initial Term

The Contract period will be for sixty (60) months with the Initial Term to commence on or about January 1, 2025. The contract prices shall be firm for the entirety of the contract period.

1.6 Price Escalation/De-Escalation (CPI)

1.7 Addenda to Requests for Proposal

a. Questions regarding this Solicitation are to be directed to the Senior Purchasing Agent listed on the Cover Page of this Solicitation.

b. The last date for questions pertaining to this Solicitation is listed on the cover front page of this solicitation. Questions after this date and time will not be answered. Questions will be answered via addendum and posted to https://app.negometrix.com/buyer/5681.

c. If the Purchasing Department determines that it is necessary to change these dates or times prior to the Proposal due date, the change will be announced via an addendum and posted on Mercell’s website.

1.8 Exceptions to Terms and Conditions within the RFP

1) If a Proposer desires any changes or modifications to the terms and conditions set forth in the Proposal Documents, the Proposer should submit these changes or modifications to the Aviation Authority in writing prior to the deadline for questions and comments about the RFP.

2) 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 RFP prior to the deadline for Proposal submission. In submitting any requested changes or modifications, a Proposer should state the specific terms or conditions in the Aviation Authority’s Proposal Document, which the Proposer wishes to change, and the desired language, terms or conditions. Proposers 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 Communications; Questions Regarding Specifications or Proposal Process

a. All communication and contact regarding this solicitation shall be directed to the Senior Purchasing Agent referenced on the cover page of this solicitation.

b. Any official communication from a Proposer during the Proposal process should be submitted in writing to the Greater Orlando Aviation Authority, Purchasing Department, 8652 Casa Verde Road, Building 811, Orlando, Florida 32827-4338 or to the email address as directed during the Proposal process. A copy of the Administration Policies (Sections 180.01 and 180.03) are available upon request from the Manager of Board Services.

c. 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 or evaluating Proposals, making recommendations or making an award, is prohibited from the time that the Request for Proposals is released to the time that the award is made.

1.10 Notice of Intent to Award Contract

Unless all Proposals are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within one-hundred-twenty (120) days from the opening of Proposals to the responsible and responsive Proposer(s) submitting the Proposal(s) deemed to be most advantageous to the Aviation Authority, price and other factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Proposals and to cancel the procurement or to solicit new Proposals.

1.11 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 Proposal will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

1.12 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 Proposer 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 Proposer to Proposal 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 Manger of Board Services.

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XX-XXX-RFP BASE REV 7/22/2022

BACKGROUND INFORMATION

Orlando International Airport (MCO) is operated and managed by the Greater Orlando Aviation Authority (the “Aviation Authority”). It is expected that more than 56 million domestic and international passengers will travel through MCO during the 2022-2023 fiscal year. As of April 2023, MCO is served by 32 commercial airlines and 5 cargo carriers. In 2022, the Airport ranked the 9th busiest Airport in the United States and the 17th busiest Airport in the world.

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.

a. The Airport is a non-smoking facility.

2.3 Scope of Services

a. The Contractor shall provide Passenger Mobility Services to ensure the courteous, safe, and expeditious movement of MCO passengers who require mobility assistance. This is accomplished through managing and operating a fleet of mobility vehicles that will provide mobility assistance in Terminal C of The Orlando International Airport.

b. The Contractor shall provide all labor, supervision, equipment, tools, materials, supplies, uniforms, vehicles and all other items necessary or proper for, or incidental to, providing the mobility services including, but not limited to, ensure the courteous, safe, and expeditious movement of passengers in the arrival and departure concourses, Federal Inspection Station, and other areas in Terminal C of the Orlando International Airport.

SPECIAL CONDITIONS

1.

1.

1. Proposer’s Minimum Requirements

a. To be considered, Proposers must meet the following minimum requirements to be deemed responsive to this RFP. The Aviation Authority, at its sole discretion, will review each submission to ensure the Proposer meets or exceeds the requirements. It is the Proposer’s sole responsibility to include sufficient information as outlined in Section 8.0, Proposal Submittal Requirements, to clearly demonstrate it meets or exceeds the mandatory requirements:

1) Proposer must be registered to do business in the State of Florida. Provide a copy of such registration to the Aviation Authority with the RFP submission.

2) Contractor must have at least two (2) consecutive years of verifiable experience within the last five (5) years providing one or more of the following types of mobility and specialty vehicle services with a minimum of 400 hours of operation per week, per single location requiring specialized training and/or certifications of the contractor.

a) Provides mobility services at a medium or large commercial-service airport,

b) Provides mobility services at a facility owned / operated by a federal, state, or local government agency or

c) Provides mobility services at large facilities such as hospitals and convention centers.

b. Proof of Insurance. The Proposer’s shall demonstrate their ability to meet the Insurance Requirements listed in Section 3.6 Insurance Requirements.

c. Proposer must demonstrate financial responsibility and must be financially capable of performing the terms of this Contract in the sole determination of the Aviation Authority.

d. If the Proposer is a partnership, joint venture, or newly formed entity (e.g. limited liability company or corporation), the minimum requirements set forth in this Section 3.0 (and throughout the RFP) must be satisfied by the entity or individual(s) that owns and controls a majority equity interest (at least 51 %) of the partnership, joint venture or newly formed entity.

1. Evaluation Criteria

a. The evaluation criteria does not have any specific predetermined relative weight. The consideration of individual criterion is merely a tool to assist the Aviation Authority in determining which Proposal is most advantageous, as a whole, to the Aviation Authority, price and other factors being considered.

b. The following are the evaluation criteria that will be considered in determining which Proposal(s) are most advantageous to the Aviation Authority. Proposer(s) must meet the minimum requirements as stated. Conditional acceptance or any status short of full approval will not be accepted.

1) Experience and Background.

2) Vehicle Specifications, Maintenance and Support Plan.

3) Operational Plans - Management, Staffing, Transition, Training and Customer Service.

4) Claims and Financial Information.

5) Small Business Participation.

6) Pricing.

c. Among the factors that will be considered in selecting the Proposers who may be shortlisted or for ranking purposes include: meeting the requirements, approach to providing the Services, ability to provide the required Services, prior experience on similar projects, past performance with the Aviation Authority (if applicable), past performance with other entities and pricing.

d. The relative advantages of a Proposer’s responses with respect to one criterion may outweigh shortcomings of that Proposer’s responses in one or more other criterion, depending on the relative disparities in the qualities of the responses in each criterion and the relative importance of certain criteria to each other, as determined in the exclusive discretion of the Aviation Authority.

e. All parties desiring information regarding the award of the Contract may visit http://Orlandoairports.net or https://app.negometrix.com/buyer/5681.

1. Selection Process

a. Responses to this RFP will be evaluated and ranked by the Procurement Committee (PC). The recommendation of the PC will be considered by the Aviation Authority Board for award.

b. The PC shall review the responses to evaluate whether the Proposers meet the requirements set forth in this RFP and have provided all required information per Section 8.0 Proposal Submittal Requirements.

c. The PC will then thoroughly evaluate the responses and may, at its discretion, invite one or more of the Proposers to present/interview with the PC. The purpose of such an interview would be to allow Proposers to elaborate upon their Proposal before a recommendation for ranking of the Proposals is made. Interview responses, along with the written Proposal will become part of the Proposer’s response to be evaluated by the PC.

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

e. If the PC decides to shortlist Proposers, the presentations/interviews will be held the week of Following presentations/interviews, or in the event PC determines that presentations/interviews are not necessary, the PC shall make a final ranking and select in order of preference, a recommendation to the Aviation Authority’s Board, the responsible, responsive, and in its sole discretion, the Proposer(s) that is most advantageous to the Aviation Authority to perform the requested services.

f. Following the Aviation Authority Board approval of the PC ranking, the Aviation Authority may approve a Contract or enter into negotiations with the top-ranked Proposer, 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 Proposer, negotiations with that Proposer shall be terminated. The Aviation Authority may undertake negotiations with the second-ranked Proposer, and if necessary, additional Proposers in accordance with the order of ranking.

g. Upon successful completion of contract negotiations with a Proposer, 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 Proposer 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.

h. The Aviation Authority reserves the right to waive any informality in the RFPs, to reject any and all RFPs, and to re-advertise or elect not to proceed with the services for any reason.

i. 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 PC Committee and Aviation Authority Board are public meetings.

1. Surety Bonds/Letters of Credit/Liability Insurance

A Surety Bond/Letter of Credit is required for this Contract.

a. Prior to Aviation Authority’s execution of the Contract and within ten (10) business days of the award, the Contractor shall furnish to Aviation Authority a Performance Bond, and a Payment Bond if required, completed on the Aviation Authority’s forms provided in the Contract Documents. Such Performance Bond shall be current and in compliance at all times during the Term of the Contract in a penal sum equal to One Million Dollars ($1,000,000.00).

b. The Contractor may elect to provide the Aviation Authority, in lieu of the required Performance Bond (but not the Payment Bond if required by general law), a letter of credit in an amount equal to One Million Dollars ($1,000,000.00) and issued on the Aviation Authority’s form of irrevocable standby letter of credit (“Letter of Credit”). The Contractor shall provide the Aviation Authority with a Letter of Credit that remains in effect for at least one year after the expiration or earlier termination of the term of the Contract including any renewal or other extended term. If the Contractor fails to perform any obligation required of it under the terms of the Contract including, but not limited to, providing the Aviation Authority with an acceptable renewal or replacement letter of credit within the required time limits, the Aviation Authority shall be entitled, in addition to any other remedies, to draw the full amount of the funds available under any Letter of Credit provided by Contractor to the Aviation Authority and to hold such funds until such time as the Aviation Authority in its discretion shall determine the amount of damages, costs and expenses owing to it from the Contractor. The Aviation Authority shall retain from such funds an amount equal to its actual or anticipated damages, costs and expenses, and shall thereafter return the remaining amount of the funds, if any, to the Contractor.

c. Prior to the commencement of any renewal or extended term of the Contract, Contractor, at its own expense, shall provide to the Aviation Authority an acceptable renewal or replacement Performance Bond or Letter of Credit, rider to an existing Performance Bond or Letter of Credit, or continuation amendment to an existing Performance Bond or Letter of Credit.

d. Except as provided in this Performance Bond Section, the Aviation Authority will not accept any change or modification to the forms of Performance Bond or Letter of Credit attached to these Proposal Documents. The sole change to the forms of Performance Bond and Letter of Credit that the Aviation Authority will accept is that the Contractor may provide a Performance Bond or a Letter of Credit that is for a period of less than the full initial term of the Contract but which still has an effective term of not less than twelve (12) months. The Aviation Authority shall release any existing Letter of Credit provided by the Contractor upon the Aviation Authority’s receipt and approval of a renewal or replacement Letter of Credit that complies with the requirements of this Contract.

e. If the Contractor is required to provide any renewal of the Performance Bond or Letter of Credit, rider to an existing Performance Bond or Letter of Credit, or continuation amendment to an existing Performance Bond or Letter of Credit (collectively, the “Replacement”), Contractor shall, at the discretion of the Aviation Authority, calculate the penal sum/amount (the “Amount”) of any such Replacement as follows:

1) If the Renewal is provided in connection with the expiration of an existing Performance Bond or Letter of Credit prior to expiration of the initial term of the Contract but not in connection with an amendment to the Contract where the compensation to be paid to Contractor is increased, the Replacement shall be in an Amount equal to the Amount of the then current Performance Bond or Letter of Credit.

2) If the Replacement Performance Bond is provided in connection with an amendment of the Contract where the compensation to be paid to the Contractor during the period covered by the then current Performance Bond or Letter of Credit is increased for any reason, the Replacement shall be in an Amount equal to the Amount of the then current Performance Bond or Letter of Credit plus an amount that bears the same ratio to the increased compensation to be paid to the Contractor that the Amount of the then current Performance Bond or Letter of Credit bears to the total compensation to be paid to the Contractor prior to such amendment to the Contract.

3) If the Replacement is provided in connection with the renewal or extension of the Contract and the required Amount of the Performance Bond or Letter of Credit for the initial term of the Contract is stated as a fixed Amount, the Replacement shall be in an Amount equal to the lesser of either (i) the Amount required during the initial term of the Contract; or (ii) an Amount that bears the same ratio to the total estimated compensation to be paid to the Contractor during the renewal term that the Amount required during the initial term of the Contract bore to the total estimated compensation to be paid to the Contractor during the initial term of the Contract.

4) If the Replacement is provided in connection with the renewal or extension of the Contract and the required Amount of the Performance Bond or Letter of Credit for the initial term of the Contract is stated as a fraction or percentage of the Contract price, the Replacement shall be in an Amount equal to the same annualized percentage of the total estimated compensation (including any reimbursable expenses) to be paid to the Contractor during the renewal term (i.e., if the initial Performance Bond or Letter of Credit is 1/6 of the total three year Contract cost, then the Replacement will be one-half of the total estimated compensation to be paid to the Contractor during the renewal year).

f. Failure to timely submit an acceptable Performance Bond or Letter of Credit prior to commencement of the Contract in addition to all other rights available to the Aviation Authority under law, shall give the Aviation Authority the right to withdraw the Notice of Intent to Award, without the need for providing the Contractor advance notice or the opportunity to cure. Contractor acknowledges responsibility for any damages or costs incurred by the Aviation Authority due to its failure to comply with this Section 3.5.

g. Surety Bonds delivered to the Aviation Authority in satisfaction of any requirement under this Contract must meet the following criteria:

1) Bid Bonds provided to the Aviation Authority in connection with Contracts shall be duly issued by an insurer or corporate surety (a) on a bond form provided by Aviation Authority, or on a form substantially the same as Aviation Authority's form; b) obligating the surety for at least ninety (90) days following the date on which Bids are publicly opened; and (c) by an insurer or corporate surety that is authorized to conduct insurance business in the State of Florida.

2) Performance and Payment Bonds provided to the Aviation Authority in connection with Contracts having a value of $500,000.00 or less shall be duly issued by an insurer or corporate surety which:

a) Is authorized to conduct insurance business in the State of Florida;

b) Currently holds a certificate of authority authorizing it to write surety bonds in the State of Florida; and

c) Is otherwise in compliance with the provisions of the Florida Insurance Code.

3) Performance and Payment Bonds provided to the Aviation Authority in connection with Contracts having a value in excess of $500,000.00 shall be duly issued by an insurer or corporate surety which:

a) Is authorized to conduct insurance business in the State of Florida;

b) Holds a currently valid certificate of authority by the U.S. Department of Treasury pursuant to 31 U.S.C. ss 9304-9308; and

c) Has 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 Services.

d) Notwithstanding the provisions of (c) above, an insurer or corporate surety which is not rated by AM Best Rating Services may be accepted by Aviation Authority, but only if approved by Aviation Authority's Risk Manager and Department Director following a review or investigation of the insurance company's financial and performance standing, including without limitation, its capital adequacy, assets, earnings, of the insurance company’s financial and performance standing, including without limitation, its capital adequacy, assets, earnings, liquidity and such other factors as the Aviation Authority's Risk Manager may deem appropriate.

h. Liability Insurance Companies furnishing insurance coverages required by these General Conditions shall (a) be currently authorized to conduct insurance business in the State of Florida, and (b) 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 Services.

i. In the event that the Aviation Authority requests Contractor to purchase materials or as a condition to approval of a Subcontractor in accordance with Section 6.0 of the Standard Terms and Conditions, the Aviation Authority shall have the right to require Contractor to provide a payment bond in accordance with Section 255.05, Florida Statutes.

j. Letters of Credit shall be issued by a bank with an office located in the State of Florida and reasonably acceptable to the Aviation Authority’s Chief Executive Officer or designee.

1.4 Insurance Requirements

The Proposer’s submittal shall demonstrate their ability to meet all portions listed in this Section.

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, 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 and Automobile Liability:

1) 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 Five Million Dollars ($5,000,000) per occurrence, for AOA access; and

2) Automobile liability insurance covering each motor vehicle, including but not limited to owned, non-owned, or hired, used in conjunction with providing Services on Aviation Authority property resulting in property damage or bodily injury, including death with a limit of not less than not less than Five Million Dollars ($5,000,000) combined single limit per accident, for AOA access;

3) 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.

b. 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.

c. 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 Aviation 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.

1.5 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 state Contract 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 Proposal in 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.

1.6 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.

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.

g. 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.

h. Fees Associated with Identification Badges and Keys

Note: No personal checks or credit card payments are accepted.

i. Contractor must maintain all information described above for a period of four (4) years following expiration of this Contract.