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R.F.P.

# 7416

REQUEST FOR PROPOSALS


FOR
AIRPORT PARKING OPERATION MANAGEMENT

Issued by:
Portland International Jetport
1001 Westbrook Street
Portland, Maine 04102

June 28, 2016

Contents
INTRODUCTION ........................................................................................................................................ 3
BACKGROUND .......................................................................................................................................... 3
MISSION STATEMENT ......................................................................................................................... 4
VISION STATEMENT ............................................................................................................................ 4
SHARED VALUES .................................................................................................................................. 4
QUESTIONS ................................................................................................................................................ 5
SUBMISSION INFORMATION ................................................................................................................. 5
MANDATORY PRE-PROPOSAL CONFERENCE ................................................................................... 5
PROPOSAL REQUIREMENTS .................................................................................................................. 5
1.

EXPERIENCE OF FIRM AND BUSINESS CAPABILITY ........................................................... 5

2.

METHODS OF SUPERVISION AND MANAGEMENT ............................................................... 6

3.

FUTURE IMPROVEMENTS & SUSTAINABILITY IMPLEMENTATION PLAN................... 11

4.

BUDGET AND MANAGEMENT FEE ......................................................................................... 12

INSURANCE REQUIREMENTS .............................................................................................................. 12


SELECTION CRITERIA ........................................................................................................................... 13
EQUAL EMPLOYMENT OPPORTUNITIES .......................................................................................... 13
PROPOSAL SIGNATURE PAGE (Required for Submission) ............................................................... 15
BUDGET AND MANAGEMENT FEE WORKSHEET (Required for Submission) ............................. 16
ATTACHMENT A (Airport Data) ............................................................................................................. 17
ATTACHMENT B (Parking Facilities Inventory) ..................................................................................... 18
ATTACHMENT C (Current Parking Rates) .............................................................................................. 21
ATTACHMENT D (Ground Transportation Information) ......................................................................... 22
ATTACHMENT E (Aerial Map of Parking Lots and Campus Map) ......................................................... 23
ATTACHMENT F (Current Organizational Chart and Schedule) ............................................................. 24
ATTACHMENT G (FY2013-2016 Budgets) ............................................................................................. 26
ATTACHMENT H (Management Contract) .............................................................................................. 33
ATTACHMENT I (Incentive Plan) ............................................................................................................ 50

R.F.P. # 7416
City of Portland, Maine
REQUEST FOR PROPOSALS
FOR
Airport Parking Operation Management
for
Portland International Jetport
INTRODUCTION
Portland International Jetport (PWM) is seeking a comprehensive proposal from qualified
Parking Management Companies for the purpose of managing the parking operation at PWM.
PWM is interested in receiving proposals that efficiently and innovatively provide an industry
leading product in the operation, management, and maintenance of the parking facilities, ground
transportation services, and shuttle services at PWM. The successful bidder will be selected
based on creativity, experience and cost-effectiveness.
PWM management reserves the right to conduct personal interview(s) with selected finalists. A
five-year contract with one five-year renewal option will be awarded. The contract will be a
fixed fee management contract with reimbursement of all operational expenses.
BACKGROUND
Portland International Jetport is a commercial service airport encompassing 806 acres and is
served by six airlines, representing three world alliances, and one air cargo carrier. The airport
processed nearly 1.8 million passengers in 2015. It is the busiest airport in the state of Maine
and recognized by the FAA as a small hub airport. Eleven cities are served with nonstop service
from Portland. The facilities on the airport are the work sites for nearly two thousand people
conducting a variety of aviation and non-aviation related business, providing the region with
approximately $1 billion in annual economic impact.
In 2011 the Jetport completed a $77 million expansion, effectively doubling the size of the
terminal building, allowing for growth opportunity for additional air carrier service. In 2013
airport staff completed a comprehensive strategic plan that culminated in a vision and set of
values focused on passenger air service development and a renewed focus on providing a world
class passenger experience. Most recently, the airport has begun a Sustainable Airport Master
Plan update, which is an important document that charts the facilitys next 20 years of growth.
The Sustainable Airport Master Plan is available for review online at thejetport.airportstudy.com
This RFP is occurring at a time when airline business models are shifting from high frequency /
low capacity aircraft, to more fuel efficient larger airplanes with fewer daily departures. The
Jetport has begun to see the average aircraft size increase while our capacity remains constant as
the airlines service the market with fewer options but with larger airplanes.
In 2015 the Airport was ranked as the Best Airport in North America for airports under twomillion passengers by Airports Council Internationals Airport Service Quality Awards. Firms

R.F.P. # 7416
should consider the airports focus on customer service when preparing their proposals. Areas of
consideration are:
PWM has a major focus on customer service.
PWM serves nearly 1.8 million passengers annually.
Our focus on improving the customer experience in all airport controlled facilities including
entry roadways and parking facilities.
Innovation of the airport parking experience to meet the needs of the modern day passenger,
and optimization of parking revenue.
PWM is seeking proposals that are in line with our Mission, Vision and Values Statements
listed below.

MISSION STATEMENT
The Portland International Jetport commits to be a premier New England airport. We will
provide a convenient, safe, and environmentally-conscious gateway that exceeds our travelers
expectations while reflecting the essence of the Maine Experience.

VISION STATEMENT
Be the Airport of Choice for Maine.

SHARED VALUES
Safety, Service, Teamwork, and Trust

R.F.P. # 7416
QUESTIONS
All questions must be submitted in writing to the Purchasing Office. These may be mailed, hand
delivered, faxed to (207) 874-8652, or e-mailed to mff@portlandmaine.gov and be received at
least five (5) business days prior to the scheduled opening date. Questions received after this
time will not be addressed. Any interpretation, correction, or change of this document will be
made only by written addenda. Changes in any other manner will not be binding on the City and
proposers should not rely on.
SUBMISSION INFORMATION
In order to be considered by the City, interested firms must submit eight (8) sets of the completed
proposal along with one (1) electronic copy on a flash drive or DVD to the City of Portland
Purchasing Office, Room 103, City Hall, 389 Congress Street, Portland, Maine, 04101, by 3:00
p.m., Thursday, July 28, 2016, at which time they will be publicly opened. Late, unsigned
proposals or proposals submitted electronically shall not be accepted. Proposals shall remain
open to acceptance for sixty days from their opening.
Proposals from Managers not registered with the Purchasing Office may be rejected; receipt of
this document directly from the City of Portland indicates registration. Should a Manager
receive this Request from a source other than the City, please contact 207-874-8654 to ensure
that your firm is listed as a Manager for this RFP.
MANDATORY PRE-PROPOSAL CONFERENCE
Before submitting proposals, firms are required to attend a mandatory pre-proposal conference,
which will be held at 9:00 a.m. on Tuesday, July 12, 2016, in the Managers Conference Room
in the main terminal of the Jetport. Only firms represented at this meeting will be allowed to
submit a proposal for this contract.
PROPOSAL REQUIREMENTS
PWM would like the proposal to include the following elements broken down into four parts:

1. EXPERIENCE OF FIRM AND BUSINESS CAPABILITY


a.

Corporate Information: Please include a brief background on your firm, client


list, three to five case histories of relevant work, and bios of staff who would be
working directly on the account and hourly rates of key personnel assigned to
PWM. Include the firms recent experience with airport parking operations
demonstrating at least five years of experience in airport parking management,
including the management of airport ground transportation including both nonreserved cabs and transportation network companies such as Uber and Lyft.

b.

Strategic Direction: The Jetport is committed to customer service and being on


the leading edge of technology. Please discuss your firms strategic direction
when it comes to the customer experience and technology.
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R.F.P. # 7416
c.

Evaluation: Please discuss methods of evaluating your firms performance,


including a timeframe, as well as the process you would use to assess the need to
make mid-course adjustments.

2. METHODS OF SUPERVISION AND MANAGEMENT


a. Management Structure: Please include an organizational chart of your proposed
structure at PWM including all PWM based managers, supervisors, cashiers,
maintenance personnel, and ground transportation agents.
b. Proposed Schedule: Please provide a proposed schedule for both summer and
winter operations ensuring a 24/7/365 operation. Winter schedules should reflect
snow removal operations. The Jetports official snow season is November 15
April 15.
c. Management Plan: Please discuss your overall management plan for the
operation at the Jetport. This section should address:
1) Parking Fee Collections, Reporting, Auditing and Depositing
The successful Proposer must take every reasonable action to enforce the
accurate and timely collection of all fees, charges and assessments due to
the Airport from the users of the Parking Facilities. Revenues shall be
accounted for and deposited in accordance with the procedures established
by the Jetports Finance Office.
2) Parking Access and Revenue Control System (PARCS)
The Airport owns all Parking Facilities, all Parking Access and Revenue
Control Systems (PARCS), License Plate Inventory (LPI) and Automated
Vehicle Identification (AVI) equipment. The Manager shall perform
routine services and operations, in coordination with the above reference
systems and their corresponding system providers or software, including,
but not limited to replacing printing ribbons, clearing jammed equipment,
loading compatible tickets, replacing gate arms and related components,
and similar tasks as part of the Managers normal operations. All PARCS,
LPI, and AVI equipment, software, and ancillary components, including
any expansion or additions thereto provided and installed into the system
by the Airport or its authorized agent, shall remain the property of the
Airport.
3) License Plate Inventory (LPI)
The Manager must accurately perform a nightly License Plate Inventory
(LPI) of all vehicles parked in the Parking Facilities, and maintain
procedures for abandoned vehicle disposition that conform to the

R.F.P. # 7416
requirements of Maine law and the published Airport rules and
regulations, as well as for damaged, stolen, and vandalized vehicles.
4) Automated Vehicle Identifications (AVI) System
The Manager shall be responsible for the operation and management of
the Automated Vehicle Identification (AVI) system installed at the
Parking Management Office. Responsibilities may include the transmittal
of AVI account information to the Airport, issuance of Ground
Transportation Operator (GTO) AVI transponders and commercial
operating permits to authorized GTOs operating at the Airport, issuance
and processing of AVI transponders for approved vehicles, authorized
employees and/or contractors, the collection of funds related to AVI
distribution and GTO permitting, and the routine system data
management, maintenance, updates, and any other system operating
functions as assigned.
5) Ticketing and Cashier Functions
A magnetically encoded and machine-readable parking ticket that is time
and date stamped shall be issued by the ticket issuing spitter/machine to
each public parking patron upon entry in the Parking Facility. The
Manager is responsible to directly purchase all tickets and shall submit the
cost of same to the Airport as a reimbursable expenses with the monthly
statement, consistent with the Annual Operating Budget. The Manager is
responsible to stock the ticket spitters/machines at each Parking Lot entry
lane.
Parking patrons shall be able to enter and exit the parking lots at all times,
except as may be otherwise directed by the Airport. The Manager shall
permit all airport shuttle buses, airport service vehicles, Airport-operated
vehicles, and other groups or individuals as approved in writing by the
Airport to park in the Public Parking Lots at no charge.
The Manager is responsible for initially establishing the necessary
currency change for parking transactions. The Manager shall collect and
hold in trust for the Airports Finance Department, all Gross Receipts
generated from operations under this Management Agreement. The
Manager shall be responsible for collecting, accounting for, and depositing
all Gross Receipts, and any other amount collect by Manager hereunder, to
the Airports Finance Departments designated account as required herein
and in the Agreement. The Manager shall monitor and operate all entries
and exits to the Parking Facilities and shall perform the cashier functions
in accordance with the approved Operations and Procedures Manual and
as directed by the Airport.

R.F.P. # 7416
The Manager will provide a cashier staffed exit lane 24/7/365. Additional
cashiers will be required during peak times.
6) Traffic Control/Management
The Manager is responsible for monitoring, managing and controlling
traffic in the Parking Facilities. Traffic control shall include, but not be
limited to, directing traffic to available spaces when certain areas are full,
setting up and taking down cones or barricades, and placement of signage
to manage traffic flow, and update of digital information boards based on
current conditions. Unless otherwise directed by the Airport, the Manager
shall install and maintain clear, visible signage for parking patrons
showing parking facility names and corresponding parking rates.
7) Parking Patron Complaints and Claims
The Manager shall promptly investigate and resolve all claims made for
losses or damages to vehicles and Airport patron complaints regarding
service. The Manager shall furnish the Airports Contract Administrator,
or designee, with documentation summarizing any complaint or claim
received in writing or orally within twenty-four (24) hours after Managers
receipt of a claim or complaint. The Manager shall also supply to the
Airports Contract Administration, or designee, documentation of its
investigation of the complaint or claim and its written response to the
airport patron, as directed. The Manager shall maintain a separate file of
compliments and complaints and shall make the files available to the
Airport upon request.
8) Persons with Disabilities
The Manager shall take appropriate actions to ensure that parking spaces
which are designated for use by persons with disabilities are, in fact, being
used by persons with disabilities. The Manager shall notify the Airport
Operations Center of any apparent parking violations of spaces being used
without handicap placard.
Shuttle drivers shall, as part of the Operations and Procedures Manual, be
required to receive sensitivity training as it relates to accommodating
persons with disabilities, as well as detailed initial and recurrent training
on the operation of Handicapped-Accessible Vehicle equipment located on
the shuttle buses.
9) Parking Space Availability
The Manager shall constantly monitor, via the PARCS system, CCTV
system, and/or visual inspection, the availability of parking spaces within

R.F.P. # 7416
all portions of the Parking Facilities to ensure the constant availability of
space within the parking lots and to implement a contingency plan in order
to operate under temporary conditions for holidays, peak day and peak
hour travel periods when additional parking demand occurs.
10) Abandoned Vehicles
The Manager is responsible for monitoring the Parking Facilities for
abandoned and stolen vehicles and shall notify the Airport of same. The
Manager shall be responsible for carrying out any and all statutory,
Airport, and City approved procedures for handling unclaimed and
abandoned vehicles. Expenses incurred in carrying out the requirements
above shall be incurred by the Manager and subsequently reimbursed by
the Airport when properly reported to the Airports Contract
Administrator, or designee. Manager shall account for and pay to the
Airports Finance Department revenue received in connection with the
disposition of any such vehicle, as applicable.
11) Emergency Services
The Manager shall furnish emergency and/or customer assistance
convenience services to parking patrons and employees, including, but not
limited to, the following:
a) Jump-starting vehicles
b) Flat tire assistance
c) Car search assistance
These services shall be performed in the Parking Facilities, terminal front,
roadways, Ground Transportation staging lots, Cell Phone lot, and other
areas of the airport, and shall be offered at no charge.
12) Snow Removal
The Manager shall be responsible for the continual and timely snow
removal of all Parking Facilities as well as all publicly accessible
sidewalks and pedestrian crosswalks. The snow removal plan of the
Manager should also include salt application as necessary for all areas of
responsibility. Specific areas of responsibility include but are not limited
to the following:
a) All parking surfaces excluding the pick-up lot and ground
transportation staging lot adjacent to baggage claim.
b) All entrances and exits to parking facilities
c) Parking Garage elevator and stairway lobbies
d) CRF pedestrian and vehicle ramps

R.F.P. # 7416
e) All terminal, parking, and employee sidewalks
f) All pedestrian crosswalks
The Manager shall monitor and report any unsafe conditions of pedestrian
or vehicle surfaces due to frost heaving or other weather related
circumstances. The Manager will take immediate actions to safeguard
against any potential harm or hazard to pedestrians and/or vehicles.
The main roadway and loop to, from, and in front of the terminal building
shall be maintained by the Airport Operations Department. The Manager
shall obtain salt from the Airport Operations Department for each storm
through established procedures.
13) Ground Transportation
The Manager shall provide staffing for a booth which will be located on
the curb of the terminal building to provide a professional ground
transportation system for the Airport. Information shall be provided to the
travelling public in need of ground transportation services. The Manager
shall keep up to date information regarding rates from the non-reserved
taxi, limo, van, and private car service companies.
The Manager will provide staff coverage to the booth from 9:00 a.m. to
1:00 a.m. (or until the last flight of the day has arrived and the passengers
needing transportation have arranged for their transportation three hundred
and sixty five (365) days per year, including holidays.
The Manager shall issue permits, collect fees, provide billing for airline
vouchers, provide credit card acceptance for customers, and any other
duties as assigned by the Airports Contract Administrator to ensure
adequate Ground Transportation services at the Airport.
The Manager shall keep a log of all limo, van, and private car service
companies, which pick up customers, including the number of trips and
total number of passengers. This list shall be available and distributed to
the Airports Contract Administrator upon request or by established
schedule.
Staff members shall be familiar with all the Ground Transportation rules
and regulations and should report any violations to the Airports Contract
Administrator, or designee, followed by a written incident report.
Staff members shall observe the ground transportation staging lot to
ensure that non permitted vehicles do not park in these spaces to provide
parking for all permit holders.

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R.F.P. # 7416
Staff members shall monitor the number of available taxi cabs to the
public and call for additional taxis as required.

d. Disadvantaged Business Enterprise: The Portland International Jetport has


established a Disadvantaged Business Enterprise (DBE) program in accordance
with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part
26. The Airport has received Federal financial assistance from the DOT, and as a
condition of receiving this assistance, the Airport has signed an assurance that it
will comply with 49 CFR Part 26.
It is the Airports policy to ensure that DBEs, as defined in Part 26, have an equal
opportunity to receive and participate in DOT-assisted contracts. It is also policy:
1) To ensure nondiscrimination in the award and administration of DOTassisted contracts;
2) To create a level playing field on which DBEs can compete fairly for
DOT-assisted contracts;
3) To ensure that the DBE Program is narrowly tailored in accordance with
applicable law;
4) To ensure that only firms that fully meet 49 CFR Part 26 eligibility
standards are permitted to participate as DBEs;
5) To help remove barriers to the participation of DBEs in DOT-assisted
contracts;
6) To assist the development of firms that can compete successfully in the
market place outside the DBE Program.
The DBE Program goal for the Airport is 2.19%. Proposers should submit a DBE
plan in their Proposal outlining a plan to meet this goal.

3. FUTURE IMPROVEMENTS & SUSTAINABILITY IMPLEMENTATION PLAN


The Jetport is currently completing a Sustainable Airport Master Plan (available at
thejetport.airportstudy.com/) with the FAA outlining the next 20 years of airport
improvements with a focus on sustainability. This section of the RFP is provided to allow
your firm to make recommendations on sustainability initiatives you would recommend
implementing. Sustainability initiatives can be both environmentally sustainable, as well
as initiatives which create a better overall customer experience.
The Jetport is looking for a partner who will help us strategically position ourselves as an
industry leader in parking, sustainability, and customer service to include those needs of
the modern day passenger and optimization of parking revenue.

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R.F.P. # 7416

4. BUDGET AND MANAGEMENT FEE


Part of your submittal shall include how your firm plans to address budgeting and the
management fee. Please base your expense budgets on the individual components
described throughout this RFP. Please list annual compensation and a total compensation
sum.
Management Fee points will be awarded under the following equation:
[Lowest submitted five year management fee/proposers submitted five year management
fee] x 10.
Annual Parking Expense Budget will be awarded under the following equation:
[Lowest submitted five year budget/proposers submitted five year budget] x 5
Ground Transportation Expense Budget will be awarded under the following equation:
[Lowest submitted Ground Transportation Management five year budget/proposers
submitted five year budget] x 5
INSURANCE REQUIREMENTS
The successful applicant(s) shall agree to save the City harmless from all losses, costs or
damages caused by his acts or those of his agents, and, before signing the contract, will produce
evidence satisfactory to the Corporation Counsel of the City of Portland that he has secured
Automobile and General Public Liability insurance coverage in accordance with the insurance
requirements outlined in section seven (7), Managers Insurance Coverages, of the Management
Agreement. The City disclaims any and all responsibility for injury to Manager, their agents,
their subcontractors, if any, or to others while examining the job sites or at any other time.

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R.F.P. # 7416
SELECTION CRITERIA
Selection will be made on the following basis and weighted in accordance with specific and
separate criteria in each of the following areas with primary emphasis on airport capabilities.

Experience of Firm and Business Capability


Methods of Supervision and Management
Future Improvements and Sustainability Implementation Plan
Budget and Management Fee
Total

Weight
30
30
20
20
100

The selection team shall select the firm(s) which, in its own opinion, is/are the best suited for
further or final consideration. Interviews may be conducted with a short list of selected firms to
clarify submitted information. The City reserves the right to negotiate with the selected firm(s)
as to the terms of a contract, including, but not limited to, the scope of services and price,
whether or not those proposals are the lowest cost to the City. Negotiations are intended to lead
to a binding contract.
EQUAL EMPLOYMENT OPPORTUNITIES
Manager shall comply fully with the Nondiscrimination and Equal Opportunity Provisions of the
Workforce Investment Act of 1998, as amended (WIA, 29 CFR part 37); the Nontraditional
Employment for Women Act of 1991; title VI of the Civil Rights Act of 1964, as amended;
section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975,
as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable
requirements imposed by or pursuant to regulations implementing those laws, including but not
limited to 29 CFR part 37.Reservation of Rights.
It is the custom of the City of Portland, Maine to pay its bills 30 days following equipment
delivery and acceptance, and following the receipt of correct invoices for all items covered by
the purchase order. If your organization prefers to receive payment via electronic transfer rather
than by check, please see the web link below* and include that EFT form with your bid
submission. In submitting bids under these specifications, bidders should take into account all
discounts; both trade and time allowed in accordance with this payment policy and quote a net
price. The City is exempt from the State's sales and use tax as well as all Federal excise taxes.
* http://www.portlandmaine.gov/DocumentCenter/Home/View/817
Pursuant to City procurement policy and ordinance, the City is unable to contract with businesses
or individuals who are delinquent in their financial obligations to the City. These obligations
may include but are not limited to real estate and personal property taxes and sewer user fees.
Bidders who are delinquent in their financial obligations to the City must do one of the
following: bring the obligation current, negotiate a payment plan with the Citys Treasury office,
or agree to an offset which shall be established by the contract which shall be issued to the
successful bidder.

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R.F.P. # 7416

The City reserves the right to substantiate any Proposers qualifications, capability to perform,
availability, past performance records and to verify that the bidder is current in its financial
obligations to the City.
The City of Portland, Maine, reserves the right to waive any informalities in proposals, to accept
any proposal or portion thereof, and, to reject any and all proposals, should it be in the best in the
best interest of the City to do so.

June 28, 2016

Matthew F. Fitzgerald
Purchasing Manager

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R.F.P. # 7416
PROPOSAL SIGNATURE PAGE
*THIS PAGE MUST BE SIGNED AND INCLUDED WITH PROPOSAL PACKAGE*

The UNDERSIGNED hereby declares that he/she or they are the only person(s), firm or
corporation interested in this proposal as principal, which it is made without any connection with
any other person(s), firm or corporation submitting a proposal for the same.
The UNDERSIGNED hereby declares that they have read and understand all conditions as
outlined in the invitation for bids, and that their proposal is made in accordance with same.
The UNDERSIGNED hereby declares that any person(s) employed by the City of Portland,
Maine, who has direct or indirect personal or financial interest in this proposal or in any portion
of the profits that may be derived therefrom, has been identified and the interest disclosed by
separate attachment. (Please include in your disclosure any interest which you know of. An
example of a direct interest would be a City employee who would be paid to perform services
under this proposal. An example of indirect interest would be a City employee who is related to
any officers, employees, principal or shareholders of your firm or to you. If in doubt as to status
or interest, please disclose to the extent known).
The proposer acknowledges the receipt of Addenda numbered: ___________________________
(If Applicable)
COMPANY NAME: ____________________________________________________________
(Individual, Partnership, Corporation, Joint Venture)
AUTHORIZED SIGNATURE: __________________________________ DATE: ___________
(Officer, Authorized Individual or Owner)
PRINT NAME & TITLE: ________________________________________________________
ADDRESS: ___________________________________________________________________
______________________________________________________________________________
TELEPHONE: _____________________________ FAX: ______________________________
E-MAIL: ___________________________ FEDERAL TAX ID NUMBER: ________________
NOTE: All proposals must bear the handwritten signature of a duly authorized member
or employee of the organization making the bid. This sheet must be signed and returned
with the proposal package.

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R.F.P. # 7416
BUDGET AND MANAGEMENT FEE WORKSHEET
*THIS PAGE MUST BE SIGNED AND INCLUDED WITH PROPOSAL PACKAGE*

Fee Schedule Form

Year

Proposed Ground
Transportation
Expense Budget

Proposed Parking
Expense Budget

Management Fee

1
2
3
4
5
Five Year Total

Additional Information
List the average hourly minimum
starting wage paid to employees
in Year 1:

Full Time Employee

16

Part Time Employee

R.F.P. # 7416
ATTACHMENT A
Airport Data
Historic passenger and operational data for the Airport can be obtained by accessing the Airport
website at http://www.portlandjetport.org/ and selecting Airport Statistics under the About tab
at the top of the webpage. Data is available from 2004 through 2014. Additionally, the Airports
sustainable master plan can be access at thejetport.airportstudy.com/.

Data from Calendar Year 2015 is as follows:

PWM Total Passengers for 2015


PWM Total Enplaned Passengers for 2015
PWM Total Deplaned Passengers for 2015
PWM Total Aircraft Movements for 2015
PWM Total Cargo (lbs) for 2015

1.73mil
869,700
858,613
48,898
25.8mil

The projected total passengers for 2016 is as follows:

PWM Projected Total Passengers for 2016

1.79mil

Parking Revenues, actual and projected, are as follows:

PWM Gross Revenue for FY2015


PWM Projected Parking Revenue for FY2016
PWM Projected Parking Revenue for FY 2017

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$8,039,231
$8,128,606
$8,113,556

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ATTACHMENT B
Parking Facilities Inventory
The Parking Facilities at the Airport are comprised of multiple surface lots and one parking
garage facility located directly across from the main terminal building, connected by
sidewalks/crosswalks on Level 1 and by a passenger skybridge on level three (3). The Airport
Master Plan outlines projected expansion of the parking garage in a two phase process, the first
phase projected during the intermediate planning phase (years 7-11) and the second phase
projected during the long-term planning phase (years 12-20). The parking garage is served by
two (2) separate elevator banks, each of which houses two (2) elevators. The West elevator bank
provides access for levels one (1) through five (5) and includes access to the passenger
skybridge with direct access to the terminal building on level three (3). The East elevator bank
provides access for all levels of the parking garage including the Car Rental Facility (CRF)
located on the lower level. Total parking spaces to be operated, managed, and maintained by the
Manager under this Request for Proposals is as follows:
A. Car Rental Facility Level (Lower Level)
The lower level (CRF Level) of the parking garage is designated for exclusive use by
the Rental Car Agencies. There is a single public entrance to the CRF level via a
ramp on the east side of the parking garage. An additional tenant entrance is located
on the north side of the parking garage. The Manager may be requested to perform
certain maintenance and cleaning activities on the CRF Level as assigned or as may
be further described herein.
CRF Level

238 spaces

B. Short Term Parking


Short Term Parking consists of parking spaces on the first level of the Parking
Garage. There is a single entrance on the West side of the parking garage to Short
Term Parking on level one which is served by two (2) ticket spitters/gates and both of
which are equipped with transponder readers.
Short Term Parking

180 spaces

C. Long Term Parking


Long Term Parking consists of the remaining spaces on level one not allocated to
short term parking, all spaces on levels two through five, and a surface lot located
adjacent to the parking garage, directly west. There are two public entrances to the
Long Term Parking lot, one on the west side of the parking garage, adjacent to the
short term parking lot, and one entrance in the rear of the parking garage on the east
side. Both entrances are served by two (2) ticket spitters/gates and are equipped with
transponder readers.

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Long Term Parking

2,325 spaces

D. Cell Phone Lot Parking


The Cell Phone lot consists of a courtesy public parking area located north of the
parking garage facility, opposite the exit for all long term and short term parking lots.
Cell Lot Parking

100 spaces

E. Employee Parking
The Employee Parking Lot consists of an upper and lower surface lot adjacent to the
west end of the terminal building. There is a single entrance with two lanes each
served by a controlled access system which authorizes employee access via a
transponder (AVI). The entrance to the Employee Parking Lot also consists of a two
way intercom system with the parking Manager to allow access for delivery personnel
requiring access to the terminals west end loading dock. Overflow passenger
parking during peak travel times can also be accommodated via two (2) spitters/gates
at the entrance of the employee parking lot.
Employee Parking

576 spaces

F. Discount Parking Lot


The Discount Parking Lot consists of a surface lot located off of Congress Street
adjacent to the Maine Turnpike Authority building. This lot serves as overflow
parking during peak travel times when the parking facilities location at the terminal
building are exhausted. During utilization of the Discount Parking lot, the Manager
will be responsible for deployment of adequate signage directing passengers to the
Discount parking facility. The Manager will also ensure continuous revolving shuttle
services between the Discount Parking lot, and both the terminal departure and arrival
areas.
Discount Parking Lot

400 spaces

G. Pick-up Lot
The Pick-up Lot is located directly across from the terminal baggage claim area and is
designed for the immediate pick-up of arriving passengers. Vehicles in this lot must
remain attended at all times. Unattended vehicles in this lot are subject to ticketing
and towing. Snow removal of these parking spaces will be completed by Jetport
Operations and is not a responsibility of the Manager.
Pick-up Lot

22 spaces

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R.F.P. # 7416
H. Ground Transportation Staging Lots
One Ground Transportation Staging Lot is adjacent to the east side of the terminal
building and serves as the staging/queuing area for taxis and for-hire transportation.
The second Ground Transportation Staging Lot is adjacent to the Managers office
and exit plaza, north of the parking garage. This secondary lot serves as the staging
lot for available taxis waiting to enter the queuing area at baggage claim. Both lots
are served by a controlled access system via transponders.

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R.F.P. # 7416
ATTACHMENT C

Current Parking Rates


The current public parking rates at the Airport are as follows:
Short Term Parking
First Fifteen (15) Minutes
One Hour
Each Additional Hour
Daily Maximum

Free
$2.00
$2.00
$48.00

Long Term Parking


First Fifteen (15) Minutes
One Hour
Each Additional Hour
Daily Maximum

Free
$2.00
$2.00
$12.00

Discount Parking Lot (Shuttle Service Required)


Daily Rate

$7.00

The current non-public parking rates at the Airport are as follows and charged on a monthly basis
to the individual or company as arranged with each entity:
Employee Parking
Part-Time Employees
Full-Time Employees
Non-Based Employees (flight crews, etc.)
AVI Deposit Fee

21

$15.00
$15.00
$30.00
$30.00

R.F.P. # 7416
ATTACHMENT D

Ground Transportation Information


The Manager will assist the Airport in the management, licensing, and permitting of all
taxi operators for the City.
The current volume of permits, companies, and average number of rides is as follows:

Number of taxi licenses renewed annually


Number of taxi companies managed
Average number of taxi rides from PWM

22

363
115
4,100/month

R.F.P. # 7416
ATTACHMENT E

Aerial Map of Parking Lots and Campus Map

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R.F.P. # 7416
ATTACHMENT F

Current Organizational Chart and Schedule

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R.F.P. # 7416

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R.F.P. # 7416
ATTACHMENT G

FY 2013-2016 Budgets

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R.F.P. # 7416

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R.F.P. # 7416

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R.F.P. # 7416

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R.F.P. # 7416

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R.F.P. # 7416

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R.F.P. # 7416

32

This is a Sample Contract or


Agreement ONLY; the final
terms and conditions in the
actual
Agreement
will
be
determined
by
the
Citys
Corporation Counsel Office, and
may
contain
additional
provisions.

R.F.P. # 7416
ATTACHMENT H
Management Agreement

This MANAGEMENT AGREEMENT (the Agreement) is made and entered into as


of this _____ day of ________________, 2016, by and between the City of Portland, a body
politic and corporate, hereinafter referred to as City, and _________________ a
__________corporation, hereinafter referred to as Manager.

W I T N E S S E T H:

THAT, WHEREAS, the City presently owns or controls parking facilities serving the
Portland International Jetport (Airport) and more particularly described herein, and has the
authority to contract for the Manager of said facilities;
WHEREAS, Manager is an experienced operator and manager of parking facilities; and
WHEREAS, City and Manager desire to enter into an agreement whereby Manager will
manage all parking of motor vehicles at such facilities and provide certain shuttle bus services in
connection thereto upon the terms, covenants and conditions herein set forth.
Restatement in this document of any of the terms of its Appendices shall not be deemed to
waive any term not restated. In the event of any inconsistency between this document and the
Appendices, this document shall prevail over the Appendices.
Manager accepts the relationship of trust and confidence established between itself and CITY
by this Agreement, and agrees to perform the Services hereunder in an objective, professional,
economical and expeditious manner consistent with the interests of CITY. MANAGER shall
be, and remain, fully responsible to CITY for the technical completeness, sufficiency and
accuracy of all Services furnished by it under this Agreement and shall, without additional cost
or fee to the CITY, correct or revise any errors or omissions in its performance.
Manager agrees that it will report on a regular basis to the Airport, or his authorized designee,
on the progress and findings resulting from the Services performed under this Agreement. The
Airport Director shall be CITY's authorized representative for day to day administration of this
Agreement.
No rules and regulations shall be promulgated by Manager except upon the prior written
approval of the Airport Director, nor shall Manager enter into any contract or commitment for
automation of the revenue control system except upon CITY's prior written approval.

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R.F.P. # 7416
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
1.

PREMISES. City hereby grants to Manager and Manager hereby accepts the
exclusive right and obligation of administering, managing and operating (1) the
parking operations with respect to those certain parking facilities serving the
Portland International Jetport in the County of Cumberland, State of Maine, and
described in Exhibit A attached hereto and made a part hereof (the
Premises), and (2) shuttle bus transportation services between the Discount Lot
and the Airport, as more particularly described in Exhibit B attached hereto and
made a part hereof.

2.

TERM. The initial term of this Agreement shall commence on __________,


2016, (the Commencement Date) and expire on _______________, 2021 (the
Initial Term), automatically continuing thereafter for up to one (1) five (5) year
term unless written notice of non-renewal is given by Manager or by City to the
other party at least sixty (60) days prior to expiration of the Initial Term or then
current five-year extension term. The CITY will have the right to terminate this
Agreement at any time for its convenience on ninety (90) days prior written notice
to Manager. If Agreement is terminated by the CITY for convenience, the CITY
will pay Manager all Operating Expenses, Reimbursable Costs, and Management
Fees due for services performed pursuant to this Agreement up to the date of
termination.

3.

MANAGERS
OBLIGATIONS
AND
SERVICES;
EXPENSES. Manager hereby covenants and agrees that it will:

OPERATING

(a) Operate the Premises and shuttle bus services, and render the usual and customary
services incidental thereto, in a professional, businesslike and efficient manner, and provide
supervision and inspection adequate to properly manage the Premises and shuttle bus
services. City reserves the right to establish the hours of operation and parking rates for the
Premises.
(b) Routinely maintain the parking equipment, including revenue controls and lighting, in
good operating condition and repair, and purchase, on behalf of City, equipment and supplies
necessary for the operation of the Premises, including ticket stock.
(c)

Hire, pay, and supervise sufficient experienced and qualified personnel


who will render the services required by this Agreement. Such employees
will be neatly uniformed and courteous to the public. All persons so
employed shall be employees of Manager and not of City, and shall have
no authority to act as the agent of City.

(d)

Promote, advertise and endeavor to increase the volume, efficiency and


quality of the services rendered. Manager agrees that the maintenance of a
satisfactory parking service as well as good business ethics and public
34

R.F.P. # 7416
relations are of the utmost importance in its management under this
Agreement. If Manager is not reasonably performing the terms of this
Agreement in accord with such good ethics and public relations, the
Airport Director, or his authorized designee, shall notify the Manager in
writing of the items constituting unsatisfactory conditions and/or
performance. If the Manager fails to correct, or diligently proceed to
correct, the listed items within the time frames in Section 22 herein, City
may proceed to terminate the agreement as provided therein, without
providing Manager with any additional opportunity to cure.
(e)

Collect from parkers at the Premises parking fees and other charges as
directed by City.

(f)

Maintain courteous, businesslike relations with users of the Premises,


whose requests shall be received, considered and promptly acted upon.

(g)

Cause the Premises to be maintained in a clean and orderly manner


according to reasonable standards acceptable to City (including snow
removal and sweeping), but Manager shall not be required to make (and
shall not be authorized to make, without Citys prior written approval) any
structural, mechanical, electrical or other installations, alterations or
repairs to the Premises required by statutes, regulations or other
governmental requirements pertaining to air quality, environmental
protection or persons with disabilities, which matters shall be the sole
responsibility of City.

(h)

Promptly notify City of any matter that in Managers reasonable judgment


requires Citys attention.

(i)

Obtain and maintain the policies of insurance specified in Section 7


hereof.

(j)

Prepare and file all necessary returns, reports and forms required by law in
connection with unemployment insurance, social security taxes, workers
compensation insurance, disability benefits, Federal and state income tax
withholding and other similar taxes and all other returns and reports
required by any Federal, state or municipal authority (other than income
and property tax returns of the City) and pay or make all deposits required
for such taxes.

(k)

Annually during the Term, Manager shall prepare and deliver to City a
budget, for Citys reasonable approval, reflecting the Gross Receipts and
Operating Expenses (defined below) which Manager expects to receive
and incur, respectively, during Citys forthcoming fiscal year (the
Budget), it being agreed that if City for any reason does not respond to
any proposed Budget within thirty (30) days after Citys receipt thereof,

35

R.F.P. # 7416
said Budget shall be deemed approved. If at any time during the period
covered by an approved Budget it appears to Manager that the actual total
of all Operating Expenses likely to be incurred during said period will
exceed the Budgets projected total by more than ten percent (10%),
Manager shall promptly so advise City, and City and Manager shall jointly
discuss what actions, if any, could be taken to minimize the Operating
Expenses without substantially impairing the operation of the Premises.
(l)

Provide the monthly financial statements to City as required herein.

(m)

Provide all necessary signage, subject to Citys prior approval.

(n)

Payment of all electric utility expenses attributable to the Premises.

Operating Expenses shall not include (i) the costs of maintenance and repair
required of City hereunder, or (ii) Citys various costs associated with its ownership and/or
occupancy of the Premises, including without limitation depreciation, building insurance, real
estate taxes and assessments, taxes on Citys personal property, debt retirement (including
without limitation mortgage interest), rent and such costs and expenses as may be necessitated to
comply with the Americans With Disabilities Act of 1990). Payment of such expenses and costs
are the sole obligation of City.
In addition, Operating Expenses shall not include any costs or penalties incurred
as a result of the violation of any applicable governmental rule or regulation by Manager, its
officers or employees, or any costs incurred as result of Manager's obligation to defend and
indemnify City from claims, damages, losses or expense resulting from the negligent act or
omission of Manager, its officers or employees.
Reimbursable Costs are any expenses which are not deemed Operating
Expenses and are approved by City prior to expenditure.
If City disputes any Operating Expense or Reimbursable Cost, City shall give
Manager written notice specifying the item disputed and the reason therefor. Payment for any
Operating Expense or Reimbursable Cost which is not disputed shall not be withheld. The
parties shall, in good faith, diligently pursue resolution of any disputed item within thirty (30)
days of said notice.
The City shall pay Manager for actual and direct expenses incurred and paid by
Manager to unrelated third parties in the performance of its duties, obligations and services
pursuant to this Agreement (collectively, ''Operating Expenses"). Operating Expenses shall
include, without limitation, all actual and direct costs, charges and administrative expenses
incurred and paid by Manager to unrelated third parties for or with respect to: salaries and
wages and associated payroll burden (including without limitation payroll taxes and fringe
benefits) (including such costs incurred and paid by Manager to its on-site employees and its
off-site employees who provide services to the Premises); license and permit fees; signage;
compliance with governmental laws and regulations; uniforms, supplies, tools and cleaning;

36

R.F.P. # 7416
maintenance and repair to be performed by Manager (including the cost of any snow
removal subcontract); telephone, pagers and radios; utility charges (except to the extent paid
directly by City); bookkeeping and administrative
services;
employee
recruitment,
training and ongoing employee relations; banking and credit card system services; postage
and freight; tickets, paper and reporting forms; accounts payable processing; health insurance,
workers' compensation insurance and garage keeper's legal and general public liability insurance
premiums established by Manager; the deductible for any damage claim or loss except to the
extent such claim or loss is the result of the negligent act or omission of Manager, its officers or
employees; and all expenses associated with the Buses pursuant to Section 9 hereof (including,
without limitation, lease payments, maintenance, repairs, fuel and permits).
Operating
Expenses shall not include any salaries and wages and associated payroll burden (including
without limitation payroll taxes and fringe benefits) that are based on the net proceeds of the
Premises, that exceed the fair market value of the services provided, or that is paid to an
executive employee or to any employee that owns an equity interest in the Manager sufficient be
considered a related party under Section 141 of the Internal Revenue Code of 1986, as amended.
With respect to credit card services, the City shall be charged an amount equal to Manager's
actual and direct expenses paid to unrelated third parties to provide such credit card services,
which amount shall not exceed five percent (5%) of all credit card sales each month as an
Operating Expense. All Operating Expenses shall be paid from Gross Receipts.
4.
GROSS RECEIPTS; NET PROFIT. All Gross Receipts collected by Manager
under this Agreement shall be deposited in a federally insured bank account maintained by
Manager in an office located in the Portland metropolitan area.
Gross Receipts shall mean all sums collected by Manager for the parking and
storage of motor vehicles, whether on an hourly, daily, weekly, or monthly basis, less all refunds,
discounts and allowances made by Manager to its customers and less any sales, use, excise,
occupancy, gross receipts, parking tax, or any other tax or charge collected by Manager on behalf
of and payable to the tax collector.
Net Profit is the balance remaining after deducting all Operating Expenses and
Reimbursable Costs from Gross Receipts. All Net Profit (less deductions for Managers
Management Fees) shall be paid to City concurrently with the delivery of the monthly statement
required in Section 8 of this Agreement.
5.
MANAGEMENT FEES. As compensation for Managers services hereunder,
City shall pay Manager, each month, a fixed Management Fee with respect to each of the
parking facilities constituting the Premises according to the scheduled attached hereto and made
a part hereof as Exhibit C. The Management Fees may be deducted by Manager from Gross
Receipts to the extent such receipts are sufficient. Adjustments to the Management Fees also are
set forth in said Exhibit C.
6.
REIMBURSEMENT OF DEFICIT. In the event the Gross Receipts actually
collected by Manager during any month are exceeded by the total of Operating Expenses,
Reimbursable Costs and the Management Fees, resulting in a deficit for the month, City agrees
to pay Manager the deficit with twenty (20) days after receipt of Managers monthly statement.

37

R.F.P. # 7416
If payment is not made by City to Manager within said twenty-day period, Manager shall have
the right to: (i) be reimbursed by City for any interest charges incurred by Manager as a result of
said unpaid balance; (ii) offset the amount of the deficit by deduction thereof from any Net Profit
due or to become due to City; and (iii) at its option, terminate this Agreement upon written
notice, without waiving or limiting any of its legal remedies (including the right to recover
attorneys fees and any other expenses incurred) which Manager may pursue to collect the
amount owed, provided however, prior to such termination, Manager shall provide City with
written notice of the amount owed, Manager's intent to terminate and a seven (7) day opportunity
to cure prior to termination. If not cured within said seven (7) day period, this Agreement shall
thereupon terminate.
7.

MANAGERS INSURANCE COVERAGES.

(a) Manager shall carry and maintain, as an Operating Expense, the following insurance
coverages:
(1)

Workers Compensation insurance in compliance with the


Workers Compensation Act of the State of Maine.

(2)

Employers liability insurance on all employees for the Premises


not covered by the Workers Compensation Act, for occupational
accidents or disease, for limits of not less than $100,000 for any
one occurrence, or whatever is necessary to satisfy the
requirements of the umbrella liability insurance specified in
Subsection (a)(7) below.

(3)

Garage liability insurance on an occurrence form basis with limits


of not less than $1,000,000 per occurrence with an annual
aggregate limit of $2,000,000 per location.

(4)

Garage keepers legal liability insurance (if applicable) insuring


any and all automobiles that are parked at the Premises by
Managers attendants or for which a bailment otherwise is created,
with limits of liability not less than $1,000,000 per occurrence.

(5)

Automobile liability insurance coverage covering Manager's bus


transportation operations hereunder with limits of not less than
$1,000,000 per occurrence with an annual aggregate limit of
$2,000,000 per location.

(6)

Comprehensive crime insurance including employee theft,


premise, transit and depositors forgery coverage, with limits of
liability as to any given occurrence of $50,000 for monies and
securities inside and outside the Premises, and $1,000,000 on
account of any employee dishonesty.

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R.F.P. # 7416
(7)

Umbrella liability insurance, in excess following form, with an


annual aggregate limit of not less than $15,000,000.

(b) The liability policies affording the coverages described in Subsections (a)(3), (a)(4),
(a)(5) and (a)(7) above shall be on an occurrence basis and endorsed to cover City and its
employees, agents, directors and officers as additional insureds. All such insurance shall be
primary to any insurance or self-insurance of City.
(c) All such insurance shall be with companies as shall be reasonably satisfactory to City,
and all such policies shall provide that they may not be cancelled or adversely altered without
at least thirty (30) days prior written notice to City. Manager shall deliver satisfactory
certificates of insurance to City and renewal policies shall be obtained, and certificates
delivered to City, at least thirty (30) days prior to expiration.
(d) City hereby waives all claims for recovery from Manager and its employees, agents,
directors and officers for personal injury and/or loss or damage to Citys property of the type
covered by insurance actually carried by City. Manager hereby waives all claims for
recovery from City and its employees, agents, directors and officers for personal injury to
Manager's employees and waives all rights of subrogation pursuant to its Workers
Compensation insurance coverage.
8.
MONTHLY REPORTING. Within twenty (20) days after the end of each
calendar month, Manager shall mail to City a statement showing all Gross Receipts, Operating
Expenses, Reimbursable Costs, the Management Fees and Net Profit for the preceding calendar
month. Within ninety (90) days following the last month of the term of this Agreement,
Manager shall mail a like final statement.
Manager shall keep complete and accurate reports and records (collectively,
Records) of all Gross Receipts, Operating Expenses, Reimbursable Costs and Net Profit
relating to the Premises. Such Records shall be kept for three (3) years (90 days for tickets) and
otherwise in accordance with good accounting practices. All such Records shall be subject to
audit by the City in accordance with Section 27 herein.
9.
EQUIPMENT AND IMPROVEMENTS. In connection with shuttle bus
services provided by Manager under this Agreement, Manager will use existing buses and may
be required to provide, through lease agreements with a third party leasing company additional
14-passenger shuttle buses (each a Bus and collectively, the Buses), the cost of which shall
be deemed Operating Expenses. Manager shall perform all maintenance and repairs to the
Buses, the cost of which shall be deemed Operating Expenses.

39

R.F.P. # 7416
Upon expiration of each Bus lease, and payment of the corresponding lease
payments and fees due thereunder, title to each applicable Bus shall be transferred to the City.
The City acknowledges and agrees that if this Agreement should terminate or expire for any
reason prior to expiration of any Bus lease, Manager shall assign to the City, to the extent
assignable, each then-current Bus lease and the City shall assume and pay all remaining lease
payments and fees due thereunder. If any Bus lease cannot be assigned by Manager to the City
regardless of reason, the City shall pay to Manager, within ten (10) days after receipt of
Managers invoice, the net book value of each applicable Bus (as stated on Managers statement
from the leasing company as of the effective date of termination or expiration of this
Agreement), and title to each applicable Bus shall be promptly transferred to the City. If the City
shall fail to timely make such payment, Manager may charge interest at the highest legal rate on
the unpaid balance from the date such payment became due and payable.
In addition, Manager may, with Citys written approval, purchase and install other
equipment and improvements which the parties agree should be installed as part of the revenue
and traffic control system and operational requirements for the Premises. Title to such
equipment and improvements so purchased and installed by Manager shall vest in City upon
installation. The total cost thereof (including delivery and installation costs and taxes) shall be
reimbursed to Manager by City within ten (10) days after receipt of Managers statement
showing the description and cost of each item, or, at the option of Manager, may be deducted by
Manager from the Net Profit otherwise due and payable to City.
Manager agrees that it will not make or construct any improvements, additions or
alterations to the Premises without the prior written consent of City.
10.
INTELLECTUAL PROPERTY. Manager hereby grants to City, during the
term of this Agreement only, a non-assignable, non-exclusive right and license to use Managers
intellectual property, including but not limited to its trade names, trademarks and any and all onsite parking amenities programs (Intellectual Property), to the extent related to Managers
administration, Manager and operation of the Premises. Upon termination of this Agreement for
any reason, Manager shall have the right, at its sole cost and expense, to remove the Intellectual
Property from the Premises, and City shall refrain from all further use of the Intellectual
Property.
11.
CITYS OBLIGATIONS. City shall, at its expense, be responsible for
performance of all obligations not specifically agreed to be performed by Manager including, but
not limited to, the following:
(a) Repair and maintenance of the Premises, systems and improvements in good structural
condition and repair, including (as applicable): heating, air conditioning, ventilating,
exhaust, fire protection, alarm, utility, plumbing (including lavatory facilities), sewage,
drainage, security and lighting systems; paving; painting; striping; directional signs; fencing;

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R.F.P. # 7416
parking booths; landscaping; windows and doors; plate glass; driveways, sidewalks and curbs
(including curb cuts); elevators, manlifts and escalators; sealing and waterproofing; electrical
or mechanical equipment, including traffic control devices used at or in the Premises; and all
structural repairs.
(b) Alterations, improvements and additions that City deems necessary and/or as may be
required by the Americans with Disabilities Act of 1990, and payment of architectural,
engineering or consulting fees with respect thereto.
(c) Safety and/or security personnel and equipment.
12.
INDEMNIFICATION. Manager shall defend, indemnify and hold harmless
City from any and all claims, loss and liability on account of any damage or injury and from all
losses, claims and demands caused by the negligence of the Manager, including without
limitation any environmental damage or cleanup required resulting from Manager's actions
hereunder, but Manager shall not be liable for damages or injury to the extent such damage or
injury is occasioned by failure of the City to comply with its obligations hereunder or by reason
of the negligence of the City, its officers, agents, employees or its subcontractors. "Manager"
shall include its officers, agents, employees, or its subcontractors.
13.
CITYS INSURANCE. City shall, at its expense, provide and maintain fire and
extended coverage, vandalism and malicious mischief, and all-risk insurance coverages for
buildings, improvements and any other real or personal property of City located on the Premises
in an amount equal to the full replacement cost thereof. City reserves the right to provide such
coverage in whole or in part through self-insurance, at its option.
14.
RELEASE AND WAIVER OF SUBROGATION. In the event all or any part
of the Premises (including any buildings, improvements or other real or personal property
thereon) are damaged or destroyed by fire or other casualty, the rights or claims of either party or
its employees, agents, successors or assigns against the other with respect to liability for such
loss, destruction or damage resulting therefrom, including loss, destruction or damage suffered as
a result of negligence of either party or their employees or agents, are hereby released and
discharged, and any and all subrogation rights or claims are hereby waived to the extent of the
insurance coverage carried by the parties hereto.
All such insurance policies shall contain a clause or endorsement providing that
the insurance shall not be prejudiced if the insured has waived its rights of recovery (including
subrogation rights) against any person or company prior to the date of loss, destruction or
damage.

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R.F.P. # 7416
15.
LICENSES AND PERMITS. Manager shall obtain and maintain all licenses
and permits required by an operator of parking facilities by any governmental body or agency
having jurisdiction over Managers operations at the Premises and will abide by the terms of
such licenses and permits. Any license or permit fees incurred by Manager shall be deemed an
Operating Expense.
16.
LOSS OR DAMAGE TO PREMISES. In case of any substantial loss of or
damage to the Premises as the result of a taking under the power of eminent domain, or by fire,
storm or other casualty, City may (I) repair or restore the Premises at Citys expense, or (ii)
abandon the operation and terminate this Agreement by giving at least ten (10) days prior
written notice to Manager. If City so terminates, City shall not be liable to Manager for
Management Fees arising after the date of taking or casualty; provided, however, if any portion
of the Premises remains suitable for parking and Manager, with Citys prior written approval,
continues its operations, Manager shall be entitled to receive its Management Fees for the period
during which such operations are continued. If City repairs and restores the Premises, no
Management Fees shall be due for the period the Premises are unsuitable for the ordinary
conduct of parking business, and Manager shall not be required to provide services hereunder,
but this Agreement shall continue in effect and the term shall be extended for a period equal to
the period needed for repair and restoration.
17.
RELATIONSHIP OF THE PARTIES. No partnership or joint venture between
the parties is created by this Agreement, it being agreed that Manager is an independent
contractor.
18.
FORCE MAJEURE. Neither party shall be in violation of this Agreement for
failure to perform any of its obligations by reason of strikes, boycotts, labor disputes, embargoes,
shortages of materials, acts of God, acts of the public enemy, acts of public authority, weather
conditions, riots, rebellion, accidents, sabotage or any other circumstances for which it is not
responsible and which are not within its control. No Manager Fee shall be due to Manager if it
suspends operations for any such cause or event.
19.
GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Maine.
20.
APPROVALS. Whenever the approval of either party is required herein, such
approval shall not be unreasonably withheld or delayed.
21.
SEVERABILITY. If any provision hereof is held to be invalid by a court of
competent jurisdiction, such invalidity shall not affect any other provision hereof, provided such
invalidity does not materially prejudice either party in its rights and obligations contained in the
valid provisions of this Agreement.

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R.F.P. # 7416

22.
TERMINATION. Subject to Section 9 hereof, either party may terminate this
Agreement upon the breach by the other party of any covenant, term or condition hereof,
provided the breach party first receives written notice of such breach and fails to remedy same,
within ten (10) days if a monetary breach or within thirty (30) days if a non-monetary breach,
after receipt of written notice thereof, or if the breaching party fails to commence remedying
such non-monetary breach within said 30-day period if such breach cannot be reasonably
remedied within thirty (30) days. Either party may terminate this Agreement in the event the
other party files a voluntary petition or similar pleading for bankruptcy, insolvency, receivership
or makes an assignment for the benefit of creditors, with such termination to be effective upon
giving notice thereof.
23.
NOTICES. Any notice or communication required to be given to or served upon
either party hereto shall be given or served by personal service or by express delivery or by
mailing the same, postage prepaid, by United States registered or certified mail, return receipt
requested, to the following addresses:
TO CITY:

Portland International Jetport


Attn: Paul Bradbury
Airport Director
1001 Westbrook Street
Portland, ME 04102

With a copy to:


City Manager
City of Portland
389 Congress Street
Portland, ME 04101
TO MANAGER:

With copy (by regular


mail) to:

____________________________
____________________________
____________________________
____________________________

____________________________
____________________________
____________________________
____________________________

Either party may designate a substitute address at any time hereafter by written
notice thereof to the other party.
24.
ENTIRE AGREEMENT. This Agreement, together with all exhibits hereto,
constitutes the entire agreement between the parties, and supersedes all representations,
43

R.F.P. # 7416
statements or prior agreements and understandings both written and oral with respect to the
matters contained in this Agreement and exhibits hereto. No person has been authorized to give
any information or make any representation not contained in this Agreement. This Agreement
may be amended only by written agreement of the parties. In the event of a conflict between the
terms of this Agreement and the terms of any exhibit attached hereto, the terms of this
Agreement shall prevail.
25.
PARTIES BOUND. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their heirs, successors, executors, administrators, legal
representatives and permitted assigns.
26.
NEITHER PARTY DEEMED DRAFTER. The parties to this Agreement have
had sufficient time to consult legal counsel and negotiate changes regarding the terms hereof.
Therefore, neither party shall be deemed the drafter of this Agreement and, as such, this
Agreement shall not be construed against either party due to the drafting hereof.
27.
AUDIT. The City shall have the right to audit or have audited the Records of the
Manager relating to the operations hereunder on a regular basis. Prior to initiating operations
hereunder, the Manager shall obtain City review and approval of its financial record system,
making any alterations requested by the City.
28.
SIGNS. Manager agrees that no signs or advertising displays shall be painted on
or erected in any manner upon the areas of the Premises exposed to the public without the prior
written approval of the Airport Director, and that such signs shall conform to reasonable
standards established by the Airport Director with respect to wording, type, size, design, color
and location.
29.
COMPLIANCE WITH LAWS, PAYMENT OF TAXES, ETC. Manager
agrees to observe and obey all applicable Federal, State and City laws and ordinances and
Airport rules and regulations. Manager further agrees to pay promptly, and not to permit to
become delinquent, all non-discriminatory and lawful general taxes, assessments, excises, permit
fees, and license fees which would be valid and applicable to Manager irrespective of this
Agreement, provided that nothing herein contained shall be construed as stopping or preventing
Manager from contesting in good faith, the validity or applicability to its operations hereunder,
of any such law, ordinance, rule, regulation, tax assessment, excise fee or charge, including the
exhaustion of all appeal rights.
30.
COVENANT AGAINST LIENS. Manager shall not cause or permit any lien
against the Lot or any improvements thereto to arise out of or accrue from any action or use
thereof by Manager and shall hold the City harmless therefrom; provided, however, that
Manager may in good faith contest the validity of any alleged lien.
31.
ASSIGNMENT AND SUBLETTING. Manager agrees not to assign this
Agreement or any part thereof or any of the privileges recited herein without the prior written
consent of the Airport Director.

44

R.F.P. # 7416
32.
AGREEMENTS WITH THE UNITED STATES. This Agreement is subject
and subordinate to the provisions of any applicable agreements made between the City and the
United States, relative to the operation or maintenance of the Airport, the execution of which has
been required as a condition precedent to the transfer of Federal rights of property to the City for
extension, expansion, or development of the Airport, including the expenditure of Federal funds
for the development of the airport in accordance with the provisions of the Federal Aviation Act
of 1958, as it has been amended from time to time. City covenants that it has no existing
agreements with the United States in conflict with the express provisions hereof.
33.
NON-DISCRIMINATION. The Manager, for itself, its successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as covenant
that in its management of the Premises:
(a)

no person on the grounds of race, color, sex, national origin, religion, age
or physical or mental disability shall be excluded from participation in,
denied the benefits of, or be otherwise subject to, discrimination in the use
of said Premises;

(b)

that in the construction of any improvements on, over, or under such


Premises and the furnishing of services thereon, no person on the grounds
of race, color, sex, national origin, age or physical or mental disability
shall be excluded from participation in, denied the benefits of, or
otherwise by subject to discrimination; and

(c)

that, to the extent applicable by law, the Manager shall manage the
Premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, NonDiscrimination in Federally-Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964,
and as said Regulations may be amended.

In the event of breach of any of the above non-discrimination covenants, the City
shall have the right to terminate this Agreement and to re-enter and re-possess said Premises and
the facilities thereon, and hold the same as if said Agreement had never been made or issued.
34.

AFFIRMATIVE ACTION; DISADVANTAGED BUSINESS PROGRAM.


(a)

Manager assures that it will undertake an affirmative action program as


required by 14 CFR Part 152, Subpart E, and any amendments thereto, and
any other federal statutes or regulations applicable to the receipt of federal
assistance from the federal Department of Transportation by local
governments for Airport use, or otherwise applicable to persons leasing
premises from the CITY of Portland, to insure that no person shall, on the
grounds of race, creed, color, sex, age, disability, or national origin be
excluded from participating in or receiving the services or benefits of any

45

R.F.P. # 7416
program of activity covered by this Subpart. Manager assures that it will
require that its covered sub organizations (sub-lessees) provide assurances
to CITY, as set forth herein, that they similarly will undertake affirmative
action programs, and that they will require assurance from their sub
organizations (sub-lessees) to the same effect.
(b)

Airport Concession Disadvantaged Business Enterprise (ACDBE)


participation: it is the policy of the CITY to ensure non-discrimination on
the basis of race, color, sex or national origin in the award and
administration of concession related contracting opportunities at the
Airport. It is the intention of the Airport to create a level playing field on
which ACDBEs can compete fairly for concession related contracting
opportunities. Manager shall comply with the ACDBE participation
requirement as provided in RFP 7416 and Managers proposal.

35.
HEADINGS. The headings of the several Articles and sections of this
Agreement are inserted only as a matter of convenience and for reference, and in no way define,
limit or describe the scope or intent of any provisions of this Agreement, and shall not be
construed to affect in any manner the terms and provisions hereof or the interpretation or
construction thereof.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
CITY:

MANAGER:

City of Portland

____________________________

By: _________________________________

By: ________________________________

Jon P. Jennings
City Manager

APPROVED:

APPROVED:

___________
Legal Office

___________
Budget

____________________________
____________________________

46

Exhibit A
To
Management Agreement

Description
of
Premises

Parking Facility

Car Rental Facility


Short Term Parking
Long Term Parking
Cell Phone Lot
Employee Lot
Discount Lot
Pick-up Lot

Address

1001 Westbrook Street


1001 Westbrook Street
1001 Westbrook Street
1001 Westbrook Street
1001 Westbrook Street
2390 Congress Street
1001 Westbrook Street

Approximate # of Spaces

238
180
2325
100
576
400
22

R.F.P. # 7416
Exhibit B
To
Management Agreement
Description of Shuttle Bus Service

Manager shall provide fully trained and qualified personnel as are necessary for the operation of
the shuttle bus service in order to provide the highest standards of operation and conduct the
operation in a top quality manner at all times, and in numbers sufficient to provide prompt and
efficient service to the public. The need for shuttle bus operation has traditionally been limited
to the Airports peak parking months of February through April, or during periods of
construction. The shuttles provide service to the Discount Lot described in Exhibit A. All
shuttle bus operators shall be properly licensed with a valid State of Maine Drivers License.
Manager shall provide and use the vehicles provided by the City, leased, or as otherwise directed
by the Airport Director. Contractor shall be responsible for the payment of any obligations
related to the lease, ownership or use of any vehicle. The cost of the lease rates shall be
reimbursed by the City as an operating expense under the term of the agreement herein. Upon
expiration of the vehicle leases, ownership of the vehicles will be transferred to the City.
Contractor shall maintain the interiors and exteriors of all vehicles used in the shuttle bus service
in excellent repair and clean and attractive condition at all times; any damage thereto of any kind
or character shall be repaired promptly and to the satisfaction of the City.
Contractor shall, at its own expense provide all fuel, oil, tires and all other products necessary for
mechanical operation of such vehicles, and shall maintain the vehicles in excellent mechanical
condition and repair, including parts and labor. Contractor shall also, at its own expense provide
all licensing, registration, and any and all required applicable permits for such vehicles. The cost
of such fuel, oil, tires, and other necessary products and permits shall be reimbursed as an
operating expense under the terms and conditions set forth herein.

48

R.F.P. # 7416
Exhibit C
To
Management Agreement

Schedule of Management Fees

Year of Agreement

Management Fees

1
2
3
4
5

$/yr.

Years 6-10
Management Fees shall increase by the percentage increase in the Consumer Price
Index for Urban Consumers Portland Area (1982-84=100).

Adjustments to Management Fees


The City reserves the right to increase or decrease the number of parking stalls managed
pursuant to this Agreement, and to revise the Manager's scope of services. If the increase or
decrease in parking stalls is greater than 25% of the spaces listed under this agreement for a
period of six (6) months or more, then upon such events, at the election of either party hereto, the
parties shall renegotiate the Management Fees to equitably reflect the change in responsibilities.

49

R.F.P. # 7416
ATTACHMENT I
Incentive Plan
Incentive plan payments will be tied to the results of an annual evaluation, based upon specific
performance measures to each of the categories indicated below. The evaluation criteria will be
aligned with the mission, vision, and values of the Airport and will provide added incentive for
the Manager to optimize revenues, minimize operating expenses, and provide outstanding
service to internal and external customers of PWM. Both the decision to award an Incentive fee
and the amount of the Incentive fee are within the sole discretion of the Airport Director. The
award of any Incentive fee is subject to availability of funds.
The total available incentive fee shall not exceed 25% of the annual management fee for each
fiscal year. Specific percentages of the total incentive fee are assigned to the various
performance categories below. The Manager shall commit at least 20% of the total incentive fee
earned each year to the Managers local staff.
The Manager will meet with Airport staff selected by the Airport Director within 45 days
following the anniversary date of each contract year to present detailed incentive plan evaluation
data for the subject year. Not less than two (2) weeks prior to the meeting, the Manager shall
provide the Airport Director with the supporting data and documentation tied to the specified
performance measures as outlined below.
1. Safety (25%)

No On The-Job Injuries or Accidents


No Sidewalk slips/falls/trips
Proper Use of Safety Signs/Barriers/PPE
Training and Incentive Programs for employees

2. Service (25%)

Year-Over-Year improvement in Parking KPI ASQ Scores


Best-In-Class ASQ Scores for North America
Response to Emergency Service customer requests
Snow removal response

3. Teamwork (25%)

Parking Represented at 80% of Monthly Station Managers Meetings


Participation in all airport sponsored events
Exceed Annual DBE Goal
Successful Marketing and Promotion Initiatives
Timeliness and accuracy of Airport requested documentation/reports

50

R.F.P. # 7416
4. Trust (25%)

Annual report on sustainability showing year-over-year improvement


Operating within Budget Guidelines
New innovative customer service initiative/business practice

The Manager shall develop a more comprehensive breakdown and detailed scoring criteria for
each category listed above, with input and final approval from the Airport Director.

51

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