North_Coast_Harbor_Property_Management_&_Event_Management_Services_(Addendum_#1_Revision).pdf

Request for Proposal

NORTH COAST HARBOR PROPERTY MANAGEMENT &

EVENT MANAGEMENT SERVICES

City of Cleveland

Department of Port Control

601 Lakeside Ave

Cleveland, OH 44114

RELEASE DATE: October 7, 2024

DEADLINE FOR QUESTIONS: October 18, 2024

RESPONSE DEADLINE: October 31, 2024, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/clevelandoh

City of Cleveland

North Coast Harbor Property Management & Event Management

Services

I. INTRODUCTION

II. SCOPE OF WORK

III. COMPENSATION AND INVOICING

IV. TERMS AND CONDITIONS

V. PROJECT SCHEDULE AND DELIVERABLES

VI. INSURANCE LIMITS

VII. OFFICE OF EQUAL OPPORTUNITY (OEO) FORMS

VIII. PROPOSAL CONTENTS

IX. PROPOSAL SUBMITTALS

X. THE CITY’S RIGHTS AND REQUIREMENTS

XI. EVALUATION PHASES

XII. EQUAL OPPORTUNITY REQUIREMENTS

XIII. AGREEMENT PROCESS

XIV. CONSTRUCTION OF AGREEMENT

Attachments:

A - Security

B - Cleveland Ordinance No. 1660-A-09

C - Vendor Entry Form

D - Subcontractor Addition and Substitution Policy

H - Federal Contract Provisions (OEO Professional Services)

I - Pro Forma Budget Attachment

J - Service Areas Attachment

#Request for Proposal Title: North Coast Harbor Property Management & Event Management Services

1. INTRODUCTION

LATE PROPOSALS WILL NOT BE ACCEPTED

The City of Cleveland invites responses to the Request for Proposal (RFP) for North Coast Harbor

Property Management & Event Management Services.

We ask that you strictly adhere to the following critical guidelines outlined in this document.

1.1. Summary

The City of Cleveland (“City”), owner and operator of Cleveland Hopkins International Airport (“CLE”), Burke Lakefront Airport (“BKL”) (collectively “Airports”) and the North Coast Harbor (“NCH”), through its Director of the Department of Port Control (“Director”), invites written Proposals from firms that have requisite, demonstrable competence and experience in providing North Coast Harbor Property

Management & Event Management Services(the “Project”) as required by the various divisions of the

Department of Port Control (“Department”) and described more fully in this Request for Proposal

(“RFP”).

Qualified firms either singly or in joint venture or other legal arrangements (collectively, the “Contractor” or "Firm" or “Consultant”) must have the requisite, demonstrated competence and experience in, and a thorough knowledge of, the services required for the Project.

1.2. Background

As part of the ongoing effort to provide the highest levels of service to northeastern Ohio residents, the business community and the general public and to maximize the generation of income through the promotion of the NCH, the Director, is soliciting Proposals from qualified Firms , to provide common area property management, maintenance, custodial services and the planning, implementation and management of a comprehensive marketing and strategic event planning calendar, as more fully described in this RFP.

In connection with this RFP the objectives of the Department are to:

A. Develop and implement a comprehensive property management and maintenance plan that keeps

NCH clean, safe and in good working order;

B. Develop and implement an inclusive marketing and promotional plan that raises public awareness and activates the entire district;

C. Provide oversite over all aspects of selected special events, including but not limited to, the selection of vendors/participating entities, confirmation of permit approvals, review of staging and security plans and the pre and post-event inspection of property;

D. Provide a full array of security and safety services to staff, visitors and property before, during and after special events and during normal Harbor operating hours;

E. Accurately track and account for expenses in a manner that will differentiate between costs associated with each component of the services; and

F. Establish and maintain high levels of professionalism and customer service that are consistent, reliable and responsive to the stakeholders, visitors, vendors and the business community.

NCH draws approximately 3.1 million people per year to its many prominent attractions, including the

Rock & Roll Hall of Fame and Museum, the Great Lakes Science Center, Cleveland Browns Stadium and

Voinovich Park. The district also boasts a full-service restaurant and bar, three regulation sand volleyball courts, two bocce ball courts and year-round special event programming.

The Department is responsible for managing, maintaining, securing and promoting NCH, including its various public spaces, capital assets and public right of ways. This RFP is to identify a qualified Firm who, working in close cooperation with the City and Department, will fulfill these obligations by providing expert professional property management services, to ensure the area is maintained, marketed and secured on a year-round basis.

1.3. Contact Information

Keith Prawalsky Airport Procurement Officer 5300 Riverside Dr PO Box 81009 Cleveland, OH 44114 Email: kprawalsky@clevelandairport.com Phone: (216) 265-6073

Department:

Port Control mailto:kprawalsky@clevelandairport.com tel:(216)265-6073

Department Head:

Bryant L. Francis, C.M.

Director

1.4. Timeline

RFP Published on City website October 7, 2024

Pre-Proposal Conference (Non-

Mandatory)

October 16, 2024, 10:00am

Webex Call in number 415-655-0002, Access Code

2634 123 5883

Last Day to Submit Provider Questions October 18, 2024, 4:00pm

Publish RFP Addendum October 23, 2024

Proposal Submission Deadline October 31, 2024, 4:00pm

2. SCOPE OF WORK

2.1. General Scope of Services

It is the Department’s intent to award a contract granting the successful Firm an exclusive right and obligation to perform common area property management, repairs, property enhancements and maintenance and to organize, implement, promote, as well as execute, an annual comprehensive special events calendar which details immediate, short term and long-term activities, for the NCH, and all areas in and around the waterfront. The successful Firm will be responsible for property management and maintenance on a day-to-day basis, as well as during special events such as concerts, recreational programming, festivals, cultural and artistic shows and other public entertainment programs that attract visitors to the NCH area, and other related services. The successful Firm will be expected to support the

Department in coordinating special event activities with the City’s Special Events and the NCH

Stakeholders to minimize adverse impacts to their operations. Specific task assignments are expected to vary, depending upon the Department’s needs. The successful Firm will be expected to provide reliable and consistent property management services at minimal cost.

The successful Firm will provide all supplies, vehicles, equipment, operating personnel, adequate insurance permits and licenses, and all other labor and materials necessary or required, for the adequate and continued performance of the day-to-day special event and property management and maintenance of the NCH.

The successful Firm's personnel shall perform their duties in a manner satisfactory to the Director, but, be exclusively under the direction and control of the successful Firm. In performing its duties hereunder, the successful Firm shall be an independent contractor in every respect.

The Director, or his designee, shall review the day-to-day operations monthly. The successful Firm and the Director, or his designee, shall maintain communication concerning the performance of the property management, maintenance and event planning contract and establish procedures under which the duties shall be carried out.

The successful Firm will be responsible for submitting a budget to the Director, or his designee, on criteria set out by the Department.

The successful Firm will be required to submit invoices for payment that categorize services rendered for the defined Common Area Maintenance (“CAM”) area, non-CAM maintenance expenses, special event activities, and other areas identified by the Department.

2.2. Scope of Services - Maintenance/Event Management

The City reserves the right to revise the scope of services prior to the execution of the contract to: (i) reflect changes arising out of this proposal process; (ii) incorporate any City requirements adopted after the publication of this RFP; or (iii) incorporate any other changes it deems necessary.

A. The successful Firm will be expected to provide a full range of property management, maintenance and repair services, including but not limited to: cleaning janitorial services (including trash and litter removal from sidewalks and grounds), weed abatement, safety equipment, cleaning and repair of landscape furniture including trash receptacles, utility boxes and benches, landscape maintenance including mowing, weeding and snow removal, water lines, pavers, irrigation system; removal of graffiti, treatment of algae/water vegetation, flyers and handbills from the grounds; replacement of non-functioning lights and collection rents and fees from vendors on behalf of the Department;

B. The successful Firm will be expected to provide the services referenced above and herein at the following locations at the NCH:

Zone A is situated north and west of the Rock-N-Roll Hall of Fame and immediately north of Erieside

Avenue. This area also includes the water basin area, Voinovich Park, NCH walkway and the East 9th

Street Pier. (Refer to Exhibit E).

Zone B is situated in the parking areas north of the Cleveland Brown’s Stadium and only includes the walkway adjacent to the Steamship Mather and the two warehouses located on the property. The surface parking lot within the area will not be subject to this contract with respect to maintenance and day to day property management. However, the successful Firm may be asked to coordinate and promote events as directed by the City on the lots (Refer to Service Areas Attachment) The required level of service within this area is expected to be minimal and will likely only encompass minor repairs and periodic property inspections.

C. The successful Firm shall provide security guard services, including experienced labor, supervision, uniforms and equipment required for the security and safety of staff, visitors and property before, during and after such events and normal NCH operating hours which begin at 7:00 a.m. until midnight. These services include, but are not limited to the following:

• Regular patrols and ongoing communications with the Cleveland Police Department to prevent crime;

• Ongoing contact with pedestrians to provide information, directions and other types of visitor assistance;

• Safety escorts to accompany employees and visitors to their vehicles; and

• Interaction with homeless to help direct individuals to services needed.

D. Assist in the development and implementation of annual upgrade and maintenance projects with appropriate budgets;

E. The successful Firm shall also provide an accessible on-site grounds manager during normal operating hours of NCH. In the event that property management or maintenance services are required after hours the successful Firm will be required to mobilize and respond in a reasonable time frame and supply 24/7 contact information;

F. Implement and manage an all-inclusive, coordinated advertising marketing and special event program including development of promotions and media strategies and campaigns, public outreach activities and formulation of naming rights and merchandising strategies for the entire NCH District;

G. Provide design concepts, advertising slogans or themes, specialty promotional items, illustrations and original artwork and publications;

H. Provide placement of broadcast, print and web advertising;

I. Manage all aspects of selected events, including, but not limited to: selection of vendors/participating entities, collection of all fees and revenues associated with each event and payment of expenses which may be made through a reimbursable arrangement with the City;

J. Coordinate with and oversee other events that have come through the City’s Special Event Steering

Committee to utilize NCH including, but not limited to: site walks, utility needs, load in/out coordination, etc…;

K. Collect, analyze and provide reporting data regarding the effectiveness of each event or as specified by the Department; and

L. Update, design and maintain area wide signage.

2.3. Standards of Property Management and Maintenance

A. Identify normal and routine property management, cleaning, repair and maintenance projects and acquire any equipment necessary for the maintenance of the NCH. All repairs and maintenance will be performed by the successful Firm or approved sub-consultants. The City shall pay the successful Firm monthly for pre-approved maintenance and repair performed by it;

B. Responsible for providing all supplies, vehicles, equipment (e.g. power washers, gum busters, street sweepers/vacuums, scrubbing machines and the like), operating personnel, insurance, permits and licenses, and all other labor and material necessary or required for the adequate and continued performance of the contract;

C. Verify and ensure that environmentally sound cleaning products are used wherever practical; and

D. Responsible for collecting rents and fees from tenants of NCH on behalf of the Department.

2.4. Additional Services

Proposals may also include information on additional services, not specifically requested in this RFP, that

Firms believe augment the requested services and have the potential to generate exposure, gathering of data or knowledge, as well as cost saving or revenue generating ideas. The Director reserves the right to consider or reject all such additional services.

The award of the contract shall not indicate approval of any proposed additional services, including without limitation, any proposed additional compensation to the successful Firm. At its election, the City may refuse to agree to any such additional services, and in such event the successful Firm will be required to enter into a contract with the City within the time period set forth in the RFP.

2.5. Surety Bond/Letter of Credit

The successful Firm shall furnish to the City a surety bond or an irrevocable letter of credit for a period of up to one (1) year in the form and amount deemed satisfactory to the City as security for each year of the contract term. Approval of the performance bond will be subject to approval of the City, which shall not be unreasonably withheld. Said bond or irrevocable letter of credit shall guarantee the performance by the successful Firm of all terms, covenants and agreements to be observed and performed by the successful Firm under the contract.

2.6. Exclusive Contract

The rights and privileges granted the successful Firm will be exclusive.

2.7. Minimum Qualifications

A. Firms shall have five (5) or more years of continuous experience within the last ten (10) years in providing property management and/or maintenance and custodial services for outdoor facilities.

B. Firms shall have five (5) or more years of continuous experience within the last ten (10) years in the planning and management of special events relating to entertainment, community awareness, improved quality of life, for profit and non-profit and the like; preferably related experience with outdoor events.

C. Each Firm must possess all applicable licenses, certificates, permits or other authorizations required by all governmental authorities, including the City, having jurisdiction over the operations of the successful Firm at the NCH, Airport or elsewhere.

D. Firms must submit, with their proposal, three (3) written, verifiable references, dated within the last three months, from businesses familiar with the Firm’s management of such responsibilities outlined in this RFP; providing positive recommendations for the Firm’s performance under the contract to be awarded. The references should include the name and title of the contact person, e-mail address, telephone number and a brief description of the location and nature of the property and the maintenance, custodial services provided and event name, and a brief description of the event.

E. The individual, partnership, joint venture, corporation submitting a proposal, (or the officers or principals thereof) as presently constituted or existing from a business reorganization, or executive affiliation, must have the above minimum qualifications. If such requirements are not met Firm’s proposal may be rejected. If Firm is a partnership or a joint venture, at least one of the general partners or one of the constituent members respectively must possess said minimum qualifications.

F. Firms must be authorized to conduct business in the State of Ohio, County of Cuyahoga and the

City.

3. COMPENSATION AND INVOICING

1. General Services

Compensation for general services shall be based on hourly billing rates or fixed price based on support category of the individuals assigned to each task and approved reimbursable expenses as agreed upon during negotiation of the Agreement.

Billing rates shall remain unchanged throughout the life of this contract.

The Consultant shall be paid for services on a simple time-based method, or mutually agreed upon fee schedule based on project deliverables. The Consultant shall invoice each month based on the actual hours, and approved hourly billing rates expended for the services. The invoice shall include only the staff titles listed in the Pro Forma Budget.

The Consultant shall submit its invoice for progress payment to the Department of Port

Control no later than the close of business on the Thirtieth (30th) Calendar Day of the Month following the month for which payment is requested. If the 30th calendar day would fall on a

Saturday, Sunday, or Holiday then the submittal shall be on the previous working day. The

Consultant shall not submit invoices more frequently than once per month.

Invoices shall include a cover page, summary table, detailed invoice per task, summary table of labor costs, timesheets, summary table of reimbursable, original receipts, and other information as deemed appropriate. Invoices shall include specific activities worked, on an hourly and daily basis by resource or task/deliverables.

Supporting information (receipts, timesheets, etc.) shall be attached in the appropriate section of the invoice in alphabetical then chronological order. For example, timesheets shall be attached alphabetically by individual name and chronologically by individual.

Each approved task shall be specifically identified and tracked.

Invoices not submitted in the approved format may be rejected and returned to the Consultant.

This includes incomplete information and missing documentation.

2. Payments To Subconsultants

Consultant is obligated to pay subconsultants within 10 days from the receipt of each payment the prime contractor receives from the City of Cleveland.

4. TERMS AND CONDITIONS

The following terms and conditions, substantially in the form contained herein, shall be included in the agreement between the City and the successful respondent. Please carefully review these terms and conditions. No specific response to this section is required.

4.1. Term

The term of this Agreement shall be for a term of up to one (1) year with three (3) one-year options to renew.

4.2. Cancellation

This agreement may be canceled by the City at any time upon written notice to the Consultant.

4.3. Independent Contractor

Consultant and the City agree that Consultant is an independent contractor and not an employee of the

City and further agrees that Consultant shall be considered as such for all purposes. As such Consultants shall retain sole financial responsibility for all taxes due to federal, state or local governments or agencies on account of themselves, their employees, representatives or agents.

4.4. Equal Opportunity, MBE/FBE

The Consultant shall comply with all terms, conditions, and requirements imposed on a “Contractor” in the Equal Opportunity Clause, Section 187.22(b) of the Cleveland Codified Ordinances, (Attachment F) and shall make the Clause part of every subcontract or agreement entered into for services or goods and binding on all persons and firms with which the proposer may deal, as follows: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.

Contractors shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited whether by advertising or other means;

compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, transferred, laid off and terminated. Contractors shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the hiring representative of Contractors setting forth the provisions of this nondiscrimination clause.

A copy of this Clause shall be made a part of every subcontract or agreement entered into for goods or services and shall be binding on all persons, firms, and corporations with whom the Contractor may deal.

Within 60 calendar days after entering into a contract, the successful Proposer, as Contractor, shall file a written affirmative action program with the OEO containing standards and procedures and representations assuring that the Contractor affords all qualified employees and applicants for employment equal opportunities in the Contractor’s recruitment, selection, and advancement processes. The forms can be found at: City of Cleveland OEO Forms

4.5. Cleveland Area Business Code

During performance of this contract, Consultant shall comply with any and all applicable requirements of the Cleveland Area Business Code, Chapter 187 and 187a. of the Codified Ordinances of Cleveland, http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Finance/PurchasesSupplies/VendorInformation

Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code, which Code and Regulations are incorporated into and made part of this RFP by this reference as fully as if rewritten in it or attached.

There is no subcontractor participation goal for this contract.

4.6. Subcontracts and Assignments

Consultant shall not subcontract nor shall any subcontractor commence performance of any part of the work or services included in this Agreement without the prior written consent of the City. Subcontracting, if permitted, shall not relieve Consultant of any of its obligations under this Agreement.

Consultant shall be and remain solely responsible to the City for the acts or faults of any such subcontractor and of such subcontractor's officers, agents and employees, each of whom shall for this purpose, be deemed to be an agent or employee of Consultant to the extent of its subcontract. Consultant and any subcontractor shall jointly and severally agree that the City of Cleveland is not obligated to pay or to be liable for the payment of any sums due to any subcontractor.

4.7. Assignment

Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or notation, without the prior written consent of the City.

4.8. Confidentiality

In rendering the Services to be performed pursuant to this Agreement, Consultant agrees to treat and maintain confidential information and data as the City’s confidential property and from the date hereof, and agrees not to divulge it to any third party at any time or use it for Consultant’s personal benefit or otherwise, except as such use or disclosure may be required in connection with the performance of the

Services or may be consented to, in writing by the City.

4.9. Compliance with Laws and Policies

This Agreement is subject to, and Consultant shall comply with, all statutes, ordinances, regulations and rules of the Federal government, the State of Ohio, the County of Cuyahoga, and the City of Cleveland.

4.10. Indemnification and Insurance

Consultant shall indemnify and hold harmless the City and its respective officers, agents and employees from and against all losses, damages, expenses, suits or claims, liabilities and costs, including reasonable attorney's fees, that may be based upon any negligent error or omission by Consultant or any injury to persons or property arising out of an error, omission or negligent act of Consultant or its subconsultant.

Consultant shall, at its own expense, defend the City in all litigation, pay all attorney's fees, damages, court costs and other expenses arising out of such litigation or claims incurred in connection therewith and shall, at its own expense, pay all claims and related expenses and satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees, arising out of such litigation. Such indemnification shall survive the termination of this Agreement.

4.11. State Industrial Compensation

Consultant shall be required at all times during the term of this Agreement, if required by law, to subscribe to and comply with the Workers' Compensation Laws of the State of Ohio and pay such premiums as may be required thereunder and to save the City harmless from any and all liability from or under said act. Consultant shall also furnish, if applicable, upon the request of the City, a copy of the official certificate or receipt showing the payments referred to herein.

4.12. Social Security Act

Consultant shall be and remain an independent contractor with respect to all services performed hereunder and agrees to and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment benefits, pensions and annuities now or hereafter imposed under any state or federal laws which are measured by the wages, salaries or other remuneration paid to persons employed by Consultant on work performed under the terms of this Agreement and further agrees to obey all lawful rules and regulations and to meet all lawful requirements which are now or hereafter may be issued or promulgated under said respective laws by any duly authorized state or federal officials and said Consultant also agrees to indemnify and save harmless the City of Cleveland from any such contributions or taxes or liability therefore.

4.13. Interest of Consultant

Consultant covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant further covenants that no person having any such interest shall be employed in the performance of this Agreement.

4.14. Defaults and Remedies

A. Consultant shall be in default of this Agreement upon the happening of any of the following events:

1. Consultant fails to observe or perform any of the covenants or agreements to be observed or performed by it hereunder and such failure continues for a period of five (5) days after written notice thereof is given to the Consultant by the City.

2. The filing, execution or occurrence of: (i) a petition or other proceeding by, or a finding against, Consultant for its dissolution, reorganization or liquidation; (ii) a petition in bankruptcy by Consultant; (iii) an adjudication of Consultant as bankrupt or insolvent; (iv) an assignment or petition for assignment for the benefit of creditors.

3. Consultant abandons or discontinues its operations for the City except when such abandonment or discontinuance is caused by fire, earthquake, war, strike or other calamity beyond its control.

B. Upon the happening of any one or more of the events as set forth in Paragraph A of this Article, or upon any other default or breach of this Agreement, the Finance Director may, at her option, exercise concurrently or successively any one or more of the following rights and remedies:

1. Enjoin any breach or threatened breach by Consultant of any covenants, agreements, terms provisions or conditions hereof.

2. Sue for the performance of any obligation, promise or agreement devolving upon Consultant for performance or for damages for the nonperformance thereof, all without terminating this

Agreement.

3. Terminate this Agreement.

C. All rights and remedies granted to the City herein and any other rights and remedies that the City may have at law and in equity are hereby declared to be cumulative and not exclusive and the fact that the City may have exercised any remedy without terminating this Agreement shall not impair the City's rights thereafter to terminate or to exercise any other remedy herein granted or to which it may be otherwise entitled.

5. PROJECT SCHEDULE AND DELIVERABLES

The City has established the following list, which includes items that the Consultant will be required to provide, as deliverables. The City reserves the right to modify the list of deliverables at any time before execution of a contract to add, delete or otherwise amend any report or other deliverable, as it deems necessary, in its sole judgment and in the best interest of the City.

a. Within one week after receipt of a written Notice-To-Proceed, issued by the Department, the successful Consultant shall be prepared to begin work, covered by the contract, and shall execute the work, to be performed, as required, to the Department’s satisfaction, and in accordance with the tasks specified, unless otherwise directed by the Department.

b. All work performed, by the Consultant, shall be under the direction of the Department’s

Project Manager.

c. At all meetings, between the Department and the Consultant, held in connection with the project, the Consultant shall take minutes of all topics discussed and depositions or conclusions reached. Within one (1) week, the Consultant shall prepare a formal set of meeting minutes and submit same to the Department’s Project Manager for approval. The Consultant will conduct weekly progress meetings, with the Department, to brief representatives on the progress of the work and any problems or issues affecting the completion of the task.

d. All pertinent telephone conversations, between the Department and the successful

Consultant, relative to instructions and/or authorizations, must be confirmed, in writing, by the successful Consultant and submitted to the Project Manager for written approval.

e. The successful Consultant is responsible for controlling costs and ensuring that all required work is completed within the approved time limit for each task. No modification, to the scope of work, or extra work, shall be considered, by the

Department, unless conditions have been specifically documented as required by the terms of the contract. Additionally, this documentation shall be verified prior to the

Department’s authorization to the successful Consultant to perform additional work.

f. The successful Consultant’s staff shall be available with no more than two (2) business days’ notice to attend meetings or make presentations at the request of the Department’s

Project Manager. The successful Consultant may be called upon to provide maps, drawings, audiovisual displays and similar material for such meetings.

g. Copies of all appropriate written correspondence, between the successful Consultant and any party, pertaining specifically to any project, shall be provided to the Department’s

Project Manager within one week of the receipt or sending of such correspondence.

h. All other correspondence shall be given, to the Department, after completion of the project. The successful Consultant shall provide, to the Department, on a monthly basis, progress reports, which describe the work performed on each work element, problems encountered, man hours expended by each member of the team and the total dollar expenditure, on the project, by work element, during the reporting period. Progress reports shall be delivered, to the Department’s Project Manager, within one week of the monthly reporting period and shall be attached to the invoices when submitted for payment.

i. No work performed, on behalf of the Department, may be used for other clients or potential clients, of the successful Consultant, without prior written approval from the

Department’s Project Manager.

j. Successful Consultant must attend briefings with the Director, executive staff and other

Department staff, as requested. The successful Consultant will also be expected to provide briefings, to the Director or his designated representative, regarding any issues which arise during the conduct of the work.

k. Successful Consultant shall provide responses to questions, or issues, which may be raised by FAA representatives during project reviews and audits.

l. Successful Consultant shall provide progress reports, including work accomplished; tasks yet to be accomplished; any issues which have arisen which need the Department’s assistance in order to obtain resolution and a description of the percentage of the work completed, in hard copy and electronically (in Microsoft or other pre-approved format).

m. Successful Consultant shall provide a minimum of three (3) hard copies and three (3) electronic copies of each completed work product, including a detailed executive summary. Additional copies may be requested on an as-needed basis.

6. INSURANCE LIMITS

Contractor shall, at its expense and at all times during the performance of services, maintain the following insurance coverage. The insurance company (ies) providing the required insurance shall be authorized by the Ohio Department of insurance to do business in Ohio and rated “A” or above by A.M. Best Company or equivalent. The Successful Proposer, shall provide a copy of the policy or policies and any necessary endorsements or a substitute for them satisfactory to and approved by the director of Law, evidencing the required insurance upon execution of the contract.

1. Comprehensive General Liability Insurance. The comprehensive general liability insurance policy (“CGL”) shall (1) be occurrence type; (2) name City as an additional insured; (3) include products/completed operations coverage; (4) have limits of not less than a combined single limit of Five Million Dollars ($5,000,000.00) per occurrence and in the aggregate, covering the successful Contractor and the City as their interest may appear, for any one incident; and (5) be primary and non-contributory, notwithstanding any other insurance covering City. Such policy or policies shall include “Contractual Liability”, the "Explosion Hazard", the "Underground

Property Damage Hazard", and the "Collapse Hazard".

1. This insurance shall include coverage for damage of property of any nature in care, custody, or control of the contractor or any property over which the successful Contractor is directly or indirectly exercising physical control by reasons of the work to be performed.

2. Contractor may utilize Excess or Umbrella coverage to satisfy limit requirements as long as those policies do not restrict the primary policy in any way.

2. Business Automobile Liability Insurance. The business automobile liability insurance policy shall cover each automobile, truck or other vehicle used in the performance of the services in an amount not less than a combined single limit of Five Million Dollars ($5,000,000.00) per occurrence and in the aggregate, covering the successful Contractor and the City as their interest may appear, for any one incident for bodily injury (including death at any time occurring) and property damage per occurrence.

3. Professional liability insurance insurance (including errors and omissions) shall have limits of not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate and subject to a deductible each occurrence of not more than Fifty Thousand Dollars ($50,000.00) per occurrence and in the aggregate and if not written on an occurrence basis, shall be maintained for a period of not less than two (2) years following the completion of the services provided under the contract. The policy shall include valuable papers coverage with limits of not less than One

Hundred Thousand Dollars ($100,000.00).

4. Workers’ compensation and employer’s liability insurance as provided under the laws of the state of Ohio. Notwithstanding the foregoing successful Contractor shall increase the limit of employer’s liability insurance to a limit of not less than One Million Dollars ($1,000,000.00) each occurrence or any other increased amount as the City may reasonably require. Successful

Contractor shall save the City harmless from any and all liability from or under said act.

5. Successful Contractor shall maintain statutory unemployment insurance protection for all its employees.

6. The policy or policies shall be with companies authorized to do business in the State of Ohio and rated A- VII or above by A. M. Best Company or its equivalent.

7. The policy or policies shall contain the following special provision: “The Company agrees that thirty (30) calendar days prior to cancellation or reduction of the insurance afforded by this policy, with respect to the contract involved, written notice will be sent by certified mail to the

Director of Port Control, City of Cleveland.”

8. Maintain such other insurance policies such as Garage Keepers and the like as may be reasonably required by the City.

9. An original certificate of insurance, declarations pages of the policy(ies) or insurance binder(s) shall be deposited with the Department of Port Control City of Cleveland before the commencing of any work under the contract.

10. Successful contractor shall name the City of Cleveland as an additional insured on their General

Liability and Auto policies.

11. All policies shall contain a waiver of subrogation wherein the insurer(s) waives all rights of recovery against the City of Cleveland and Department of Port Control. All policies shall be primary and non-contributory.

12. Contractor shall require any and all of its subcontractors to procure, maintain and pay premiums for the insurance coverages and limits of liability outlined above with respect to products, services, work and/or operations performed in connection with this Agreement.

13. The maintenance of such insurance as outlined herein shall in no way constitute a waiver of legal liability for damages to any adjoining buildings or their contents or the work and property of others on the site beyond the limits of insurance thus maintained. The Contractor shall hold harmless the City and its agents for and from any injury or damage resulting from the negligent or faulty performance by the Contractor or his subcontractors. All insurance shall be carried without interruption to the end of the guarantee period.

14. If Contractor will not have access to City data or networks, it is required that Contractor hold a

Cyber policy with 3rd party liability limits of at least $1,000,000.00 dollars per claim and in the aggregate. 3rd party liability coverage includes information security & privacy liability, media liability, and regulatory fines/penalties coverages. The City must be named on the policy as an

Additional Insured for Vicarious Liability.

15. If Contractor will have access to City data or networks, it is required that Contractor hold a Cyber and Technology Errors & Omissions policy (separate or combined) with 3rd party cyber liability limits of at least $5,000,000.00 dollars per claim and in the aggregate. 3rd party liability coverage includes information security & privacy liability, media liability, and regulatory fines/penalties coverages. Technology Errors & Omissions limits must be at least $5,000,000.00 dollars per claim and in the aggregate. Technology Errors & Omissions coverage should provide coverage for Contractor’s technology products and services along with any consulting Contractor may provide. The City must be named on the policy(ies) as an Additional Insured for Vicarious

Liability.

7. OFFICE OF EQUAL OPPORTUNITY (OEO) FORMS

Submit Office of Equal Opportunity (OEO) Schedules. These schedules are contained within the document “Notice to Bidders and Schedules” which are included in Proposal Submittals section and can also be found on the City of Cleveland website in the OEO section.

The schedules shall be fully completed and should be designed to meet or exceed the participation goal of

10%.

Each and every CSB firm should complete and sign the Statement of Intent to perform as a subconsultant

(Schedule 3).

Required City Forms

Proposer shall complete, execute, and return with its fee proposal the following documents, blank copies of which are included in section, Proposal Submittals. They can also be found online on the City of

Cleveland website.

• The Office of Equal Opportunity Notice to Bidders and Schedules;

• Federal Form W-9 including Taxpayer Identification Number;

• Non-Competitive Bid Contract Statement for Calendar Year 2024;

• Affidavit

• Northern Ireland Fair Employment Practices Disclosure.

8. PROPOSAL CONTENTS

The Proposal submittal shall consist of the following documents in the sequence listed below. To facilitate quick reference, each section of the Proposal should be offset with a tab. The Proposal may be disqualified if the documents are not submitted in the sequence listed below.

A. Cover Letter: The cover letter should identify the firm and state other general information that the Consultant desires to include regarding the Consultant’s business organization. At a minimum the cover letter must include the name, form of business entity (e.g. corporation, partnership, joint venture, etc.), principal address, federal tax identification number, telephone number and facsimile number of the Consultant.

B. Executive Summary: The executive summary should provide a clear and concise summary of

Consultant’s background, level of expertise, direct relevant experience and ability to provide such services. The executive summary should make the Consultant's case as the best candidate for providing property management and event management services to the Harbor. Consultants should structure this section in a manner that allows it to serve as a stand-alone summary when separated from the other sections of the Proposal.

C. Exceptions: Firms shall include a list of exceptions to the requirements of the RFP, if any. The list shall identify the requirements, nature of the deviation and explanation. If there are no deviations or exceptions to any portion of this RFP, Firm shall state that on the "Exceptions" page. If no deviations or exceptions are identified and the City accepts the Firm's Proposal, Firm shall conform to all of the requirements contained in the RFP.

D. Qualifications/Experience: This section gives Consultants the opportunity to discuss their industry experience and what defines them as a leader in their industry. Consultants may submit as much information in this section as is needed to differentiate itself and its Proposal from the other consultants. Please include, as a minimum, the following information: (i) clearly communicate how you meet or exceed the minimum qualifications; (ii) describe the nature of your business experience and state the number of persons you currently employ in each operations; (iii) clearly state the total number of properties for which you have provided maintenance services within the last ten (10) years; (iv) clearly state the total number of properties for which you have provided event management services within the last ten (10) years;

and (v) give the name, location and date of all such contracts that have been terminated or canceled within the past ten (10) years, prior to the expiration of their contractual term, and also list any judgments terminating or any pending lawsuits or unresolved disputes for the termination of such contracts within the past ten (10) years.

E. Project Approach: Provide a statement discussing your understanding of this operation and management opportunity, including those factors that are critical to making the opportunity a success. Consultants must provide a detailed discussion of how consultant will approach this opportunity to ensure that the City’s goals and objectives will be realized. Please include, at a minimum, your specific plans for addressing each area of responsibility identified in the Scope of

Work section.

F. Key Staff: Consultants should provide resumes for the key individuals who will be responsible for managing and operating the marina, related assets and business lines. Describe their roles and responsibilities, for each member, of the project team. Also describe each team member's contractual arrangement among the parties.

G. Management Approach: Provide an organizational chart, of the Consultant, showing all major component units; where the management of this contract will fall within the organization and what resources will be available to support this contract in both primary and secondary or back-up roles. A discussion, of cost control, related to the location of work and performing project management responsibilities, including participating in meetings and completing work at CLE for this contract should also be included.

H. Budget: Consultants should provide a detailed projected pro forma operating budget for the term of the contract, inclusive of all items detailed in the previously referenced Scope of

Services. Please submit in the format indicated in the Pro Forma Budget Attachment.

I. Financial Information: Firms shall include the following financial information: (i) balance sheet and income statement for the last two (2) fiscal years prepared in accordance with generally accepted accounting principals, reflecting the current cost/fee condition of the Firm. If a publicly held corporation, the Firm should provide in lieu of the foregoing: consolidated financial statements as submitted to the Securities and Exchange Commission ("SEC") on Form 10K, the most recent Form 10Q, and any Forms 8K filed with the SEC in the last twelve (12) months. Owners of closely held corporations must submit a personal cost/fee statement, current within three (3) months from date of submittal; (ii) ownership structure of the Firm; and (iii) provide three (3) bank references.

J. Required City Forms Proposer shall complete, execute, and return with its fee proposal the following documents, blank copies of which are included in section, Proposal Submittals. They can also be found online on the City of Cleveland website.

o Notice to Bidders & OEO Schedules o Federal Form W-9 including Taxpayer Identification Number o Non-Competitive Bid Contract Statement for Calendar Year 2024 o Affidavit o Northern Ireland Fair Employment Practices Disclosure.

9. PROPOSAL SUBMITTALS

9.1. Technical Proposal*

*Response required

9.2. Vendor Background Information

9.2.1. Provide information about any local branch offices or support centers that might serve an account in Cleveland, OH, including number of employee and type of services provided* *Response required

9.2.2. Provide name of each principal.*

*Response required

9.2.3. Provide the year the company was established and any former firm names* *Response required

9.2.4. Type of Company*

☐ Public

☐ Private

*Response required

9.2.5. Provide the state and type of incorporation*

*Response required

9.2.6. Provide information on related services offered by the company* *Response required

9.2.7. Provide the total number of FTEs in the company.*

*Response required

9.2.8. Provide average years of experience of professional staff.* *Response required

9.3. Vendor Client References

9.3.1. VENDOR CLIENT REFERENCE #1*

Please include the following information:

• Proposing Vendor Name

• Reference Company/Organization Name

• Reference Address

• Reference Contact Name

• Contact’s Position

• Contact’s Telephone Number

• Type of Company/Organization (Industry)

• Number of Employees

• Services Performed

• Sub-contractors used

• Identify any vendor staff that worked on this reference company's project, that are proposed for

City

• Original Cost Estimates

• Actual Final Costs

• Comments

*Response required

9.3.2. VENDOR CLIENT REFERENCE #2*

Please include the following information:

• Proposing Vendor Name

• Reference Company/Organization Name

• Reference Address

• Reference Contact Name

• Contact’s Position

• Contact’s Telephone Number

• Type of Company/Organization (Industry)

• Number of Employees

• Services Performed

• Sub-contractors used

• Identify any vendor staff that worked on this reference company's project, that are proposed for

City

• Original Cost Estimates

• Actual Final Costs

• Comments

*Response required

9.3.3. VENDOR CLIENT REFERENCE #3*

Please include the following information:

• Proposing Vendor Name

• Reference Company/Organization Name

• Reference Address

• Reference Contact Name

• Contact’s Position

• Contact’s Telephone Number

• Type of Company/Organization (Industry)

• Number of Employees

• Services Performed

• Sub-contractors used

• Identify any vendor staff that worked on this reference company's project, that are proposed for

City

• Original Cost Estimates

• Actual Final Costs

• Comments

*Response required

9.4. City Required Forms

9.4.1. NOTICE TO BIDDERS AND OEO SCHEDULES*

Please download the below documents, complete, and upload.

• NOTICE_TO_BIDDERS_AND_OEO_S...

*Response required

9.4.2. W 9 FORM

Please download the below documents, complete, and upload.

• W-9_2024.pdf

9.4.3. NON-COMPETITIVE BID CONTRACT STATEMENT FOR CALENDAR

YEAR 2024*

Please download the below documents, complete, and upload.

• NON-COMPETITIVE_BID_CONTRAC...

*Response required

9.4.4. AFFIDAVIT

Please download the below documents, complete, notarize and upload.

• Affidavit.pdf…