REQUEST FOR PROPOSALS (RFP)

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Management Services for Premium Parking Operations RFP

REQUEST FOR PROPOSALS

(RFP)

Solicitation for:

MANAGEMENT SERVICES FOR PREMIUM PARKING

OPERATIONS

Indianapolis Airport Authority

Issued:

February 19, 2013

Proposals Due:

March 15, 2013

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Indianapolis Airport Authority

REQUEST FOR PROPOSAL (RFP)

Management Services for Premium Parking Operations

SECTION ONE GENERAL INFORMATION 1.1 INTRODUCTION

This is a Request for Proposal (RFP) issued by the Indianapolis Airport Authority (Owner). The Owner is requesting competitive proposals from interested parties (Respondent) to enter into a professional service agreement to operate and manage a Premium Parking Operations at the Indianapolis International Airport (Airport). The Owner will consider proposals from national, regional and local companies that can demonstrate the ability to perform Management Services for Premium Parking Operations at the Airport. It is the intent of Owner to solicit responses to this RFP in accordance with the statement of work, proposal preparation section, and specifications contained in this document.

1.2 DEFINITIONS

Following are explanations of terms and abbreviations appearing throughout this RFP. Other special terms may be used in the RFP, but they are more localized and defined where they appear, rather than in the following list.

Project Management Services for Premium Parking Operations Proposal An offer as defined in IC 5-22-2-17.

Public-Private Act The Public-Private Agreements Act, IC 5-23-1-1, et seq., as may be amended from time to time.

Respondent An offeror as defined in IC 5-22-2-18.

Premium Parking Operations Is the provision of self-parking, attendant-assisted parking and valet parking services in a dedicated portion of the parking garage at the Indianapolis Airport.

Additional Services Are vehicle related non-parking services such as car washing and detailing, fuel service and oil changes as approved by the Owner and offered to Premium Parking customers.

1.3 PURPOSE OF THE RFP

The purpose of this RFP, pursuant to the Public-Private Act, is to invite potential Respondent to submit proposals to provide Management Services for Premium Parking Operations at the Airport. All Respondent must possess the experience and qualifications to ensure operation of a first class valet service.

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1.4 SCOPE OF THE RFP

This document contains the following information that may be useful to anyone wishing to submit a proposal:

Section One A general description of the many factors affecting the proposal process.

Section Two The specific information covering proposal procedures.

Section Three A description of the services to be provided by any successful Respondent.

Section Four A description of the required format and subject content of any acceptable proposals offered in response to this document.

Section Five A general discussion of the method that will be used by an evaluation team in selecting a Respondent with whom the Owner will enter into contract negotiations.

Attachments Details supporting this basic RFP document.

1.5 PROPOSAL DUE DATE AND TIME

All Proposals must be received at the address below no later than 2:00 p.m. Local Time on March 15, 2013. All Proposals must be addressed to:

RFP - Management Services for Premium Parking Operations Doreen Cherry, Supplier Chain Manager

Indianapolis Airport Authority North Campus Building 60

1910 S. Girls School Road Indianapolis, Indiana 46241

All Proposals must be submitted in a sealed envelope clearly marked with RFP- Management Services for Premium Parking Operations and the Proposal Due Date and Time. All submittals shall include one (1) complete, original proposal marked “ORIGINAL”, six (6) complete copies of the original proposal, one (1) electronic copy and other related documentation required by this RFP. Any proposal received after the Proposal Due Date and Time will be unopened and returned to the Respondent upon request. All rejected proposals not claimed within thirty days of the date of rejection will be destroyed.

1.6 MODIFICATION OR WITHDRAWAL OF OFFERS

Responses to this RFP may be modified or withdrawn in writing or by fax notice to the Supply Chain Manager, received prior to the exact hour and date specified for receipt of proposals. The Respondent’s authorized representative may also withdraw the proposal in person, providing his or her identity is made known and he or she signs a receipt for the proposal. Proposals may not be withdrawn after the proposal due date and time has passed.

Modification to or withdrawal of a proposal received by the Owner after the exact time and date specified for receipt of proposals will not be considered an acceptable proposal. If it becomes necessary to revise any part of this RFP or if

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additional data is necessary for an exact interpretation of provisions of this RFP prior to the due date for proposals, a supplement will be issued by the Owner. If such addenda issuance is necessary, Owner reserves the right to extend the due date and time of proposals to accommodate such interpretations or additional data requirements.

1.7 CONTRACT OBLIGATIONS

Although the Owner anticipates that any Respondent submitting a proposal will provide the major portion of the services as requested, subcontracting by the Respondent is acceptable in performing the requirements of this RFP. Respondent are encouraged to team with local qualified firms in their proposal to this RFP. However, the Respondent must obtain the approval of Owner before subcontracting any portion of the project’s requirements. The Respondent is responsible for the performance of any obligations that may result from this RFP and shall not be relieved by the non-performance of any subcontractor. Any Respondent’s proposal must identify all subcontractors and outline the contractual relationship between the Respondent and each subcontractor. Either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal. This RFP is subject to the Business Diversity Program. The requirements are explained further in section 1.11 of the RFP.

Any subcontracts entered into by the Respondent must be in compliance with all State of Indiana statutes and be subject to the provisions thereof. For each portion of the proposed services to be provided by a subcontractor, the technical proposal must include the identification of the functions to be provided by the subcontractor and the subcontractor’s related qualifications and experience.

The combined qualifications and experience of the Respondent and any or all subcontractors will be considered in the Owner’s evaluation. The Respondent must furnish information to the Owner as to the amount of the subcontract, the qualifications of the subcontractor, and any other data that may be required by the Owner. All subcontracts held by the Respondent must be made available upon request for inspection and examination by appropriate Indianapolis Airport Authority officials and such relationships must meet with the approval of the Owner.

1.8 CONFIDENTIAL INFORMATION - INDIANA PUBLIC RECORDS LAWS

Respondents are advised that materials contained in proposals are subject to the Indiana Public Records Act, IC 5-14-3 et seq., and, after the contract award, may be viewed and copied by any member of the public, including members of the media and competitors. Respondents claiming a statutory exception to the Indiana Public Records Act must place all confidential documents (including the requisite number of copies) in a sealed envelope clearly marked “Confidential” and must indicate in the transmittal letter and on the outside of that envelope that confidential materials are included. The Respondent must also specify which statutory exception provision applies. The Owner reserves the right to make determinations of confidentiality.

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Any or all portions of this RFP and normally any or all portions of the Respondent’s response will be incorporated by reference as part of the final contract.

1.10 PROPOSAL LIFE

All proposals made in response to this RFP must remain open and in effect for a period of not less than 120 days after the date for proposals. Any proposal accepted by the Owner for the purpose of contract negotiations shall remain valid until superseded by a contract or until rejected by the Owner.

1.11 BUSINESS DIVERSITY PROGRAM

In accordance with policy established by the Owner, the Board of Directors and the Executive Director have determined that there is a reasonable expectation of minority, women and veteran-owned business enterprise participation in this work. Therefore, Respondents are encouraged to obtain the maximum participation of Minority Business Enterprise and/or Women Owned Business Enterprise and/or Veteran Owned Business Enterprise. Respondents seeking assistance in achieving supplier diversity participation should start by visiting the Indianapolis International Airport website at www.indianapolisairport.com. Once on the website select Employment & Business and go to the Supplier Diversity Program section to find companies certified as MBE/WBE/VBE. Only those certified companies as identified on the State of Indiana, City of Indianapolis or Indiana Minority Supplier Development Council certification lists will be eligible for calculation of contract participation percentages. All Respondent are required to make documented good faith efforts. Compliance with documented supplier diversity participation and/or documented good faith efforts will be considered a demonstration of the Respondent’s responsiveness and responsibility. Failure to comply may result in the determination of the Respondent as non-responsible. For questions please contact the Owner Supplier Diversity Department.

By submission of the proposal, the Respondent thereby acknowledges and agrees to be bound by the requirements of the Supplier Diversity Program.

1.12 DISCUSSION FORMAT

The Owner reserves the right to conduct discussions, either oral or written, with the Respondent determined by the Owner to be reasonably viable to being selected for award. If discussions are held, the Owner may request best and final offers. The request for best and final offers may include:

 Notice that discussions are concluded.

 Notice that this is the opportunity to submit written best and final offers.

 Notice of the date and time for submission of the best and final offer.

 Notice that if any modification is submitted, it must be received by the date and time specified or it will not be considered.

 Notice of any changes in the Owner’s requirements.

The Owner reserves the right to reject any or all proposals received or to award, without discussions or clarifications, a contract on the basis of initial proposals received. Therefore, each proposal should contain the Respondent’s best terms

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from a price and technical standpoint. The Owner reserves the right to reopen discussions after receipt of best and final offers, if it is clearly in the Owner’s best interest to do so and the Airport Executive Director or designee makes a determination of that fact. If discussions are reopened, the Owner may issue an additional request for best and final offers from all respondent determined by the Owner to be reasonably susceptible to being selected for award.

Following evaluation of the best and final offers, the Owner may select for negotiations the offers that are most advantageous to the Owner, considering price or cost and the evaluation factors in the RFP.

The Owner also reserves the right to conduct clarifications to resolve minor issues. If only clarifications are sought, best and final offers may not be requested. The Owner retains sole authority to determine whether contact with Respondent is for clarification or discussion.

1.13 TIMELINE

The following timeline is intended to illustrate the anticipated time line for the RFP.

ACTIVITY DATE

RFP available on Indianapolis Airport website February 19, 2013 www.indianapolisairport.com

Pre-proposal conference February 27, 2013 Indianapolis Airport Terminal

Board Room – 4th_Level

Conference Room # 11T.413A Time: 2:00 p.m.

7800 Col. H. Weir Cook Memorial Drive Indianapolis, IN 46241

Written questions due to March 1, 2013 at 12:00 p.m. PremiumParkingRFP@IND.com Local Time

Written responses to questions posted on March 5, 2013 Indianapolis Airport website

www.indianapolisairport.com

Proposals due at the following location March 15, 2013 at 2:00 p.m. Local Time

Doreen Cherry, Supply Chain Manager Indianapolis Airport Authority, Building 60 1910 S. Girls School Road

Indianapolis, IN 46241

Final negotiations with selected Respondent April 1-5, 2013 Board Review/Request for Approval April 19, 2013

1.14 SALES TAX & OTHER TAXES

The Respondent’s proposal pricing should not include Sales Tax for the State of Indiana.

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SECTION TWO PROPOSAL PROCEDURES 2.1 PRE-PROPOSAL CONFERENCE

A Pre-Proposal Meeting and a MBE/W/VBE Networking Session will be held: Wednesday, February 27, 2013

Indianapolis International Airport Conference Room # 11T.413A 4th_level

2:00 p.m. Local Time

7800 Col. H. Weir Cook Memorial Drive Indianapolis, IN 46241

Respondents are strongly encouraged to attend the Pre-Proposal Conference. 2.2 INQUIRIES ABOUT THE RFP

All inquiries and requests for information affecting this RFP must be submitted in writing to:

RFP - Management Services for Premium Parking Operations Doreen Cherry, Supply Chain Manager

Indianapolis Airport Authority, Building 60 1910 S. Girls School Road

Indianapolis, IN 46241 or

Preferred method E-mail: PremiumParkingRFP@IND.com All inquiries and requests for information must be received no later than 12:00 p.m.

Local Time on March 1, 2013. The Owner reserves the right to judge whether any questions should be answered. If responses are provided, the responses will be written. Copies of the written responses will be issued via Addendum and available on the Owner’s website and/or distributed to all prospective Respondents who are known to have received a copy of the original RFP. No negotiations, decisions or actions shall be initiated by any Respondent as a result of any verbal discussion with any consultant of the Owner or with any Owner employee.

Inquiries are not to be directed to any consultant or staff member of the Owner. Such action may disqualify Respondent from further consideration for a contract as a result of this RFP. The use of e-mail to PremiumParkingRFP@IND.com for submitting questions is encouraged. E-mail is the preferred method of communication. The addendum will be available at www.indianapolisairport.com. 2.3 PROPOSAL SUBMISSION

One (1) original, six (6) copies and (1) electronic copy of the proposal for the Management Services for Premium Parking Operations RFP scope must be received by the Owner’s office on or before the due date and time for proposals as specified. Each copy of the proposal must follow the format indicated in Section Four of this document. Unnecessarily elaborate brochures or other presentations, beyond that sufficient to present a complete and effective proposal, are not desired.

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2.4 CONTRACT NEGOTIATIONS

After recommendation of a selected Respondent by appropriate officials of the Indianapolis Airport Authority, contract negotiations will commence. The contract will be based on the sample contract as it appears attached as Exhibit B. The Owner reserves the right to modify the sample contract language prior to execution. If at any time contract negotiation activities are judged to be ineffective by the Senior Director of Commercial Enterprises and Properties or designee, Owner will cease all activities with that Respondent and begin contract negotiations with the next highest ranked Respondent. This process may continue until either both the Respondent and the Owner execute a completed contract or Owner determines that no acceptable alternative proposal exists.

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SECTION THREE SPECIFICATIONS 3.1 DESCRIPTION OF ENTITY

Indianapolis International Airport (IND)

With over 10,000 acres under Ownership, the Indianapolis International Airport (IND) currently occupies approximately 7,700 acres, or about 12 square miles. Air operations are conducted on two parallel runways and one “crosswind” runway. The airport is served by 8 major and several national and regional passenger air carrier airlines. The terminal occupies 750,000 square feet, consisting of two (2) air service concourses (40 gates, total), ticketing halls and baggage recovery areas, as well as office space, retail concession and common areas.

With modern design and aesthetic appeal, the new terminal incorporates many of the latest innovations that enhance and improve passenger experience. Ease and practicality have been engineered into each functional area, reflected in ticketing, baggage handling, safety and security, information and communication systems. From parking to check-in to boarding, user-friendly efficiency can be found throughout the airport. Common areas consisting of a large “Civic Plaza,” welcomes visitors to Indianapolis in impressive fashion and serves as a public venue for special events. Without losing site of its primary purpose, the Indianapolis International Airport provides a showcase of fine arts and fosters as well as celebrates, pride in our community.

Located in southwest Marion County and only eight miles from downtown Indianapolis, the Airport serves the Indianapolis-Carmel Metropolitan Statistical Area (I-C MSA) and portions of nine surrounding counties, and effectively, the entire State of Indiana. The I-C MSA has experienced over twice the population growth rate as has the State, a trend that is expected to continue. Indianapolis International is considered a mid-size air traffic hub by the FAA.

Statistical Information 2012

• Enplaned Passengers 3,687,742

• Parking Garage Spaces 6,000 (Floors 2, 3, 4, 5 – 1,500 / each) • Parking Garage Transactions 790,000

• Parking Garage Rate – IAA $2.00 per half hour, $18.00 max daily rate • Parking Garage Rate – Valet $10.00 for up to 4 hours, $20.00 max daily rate

Airport Parking

The Owner owns and operates the parking department and shuttle service for the Long Term and Economy surface lots, both of which are dedicated to passenger traffic.

In addition, a valet service is currently offered on the 3rd_{floor of the parking}

garage. This valet service is managed by a contracted provider which will terminate upon award and contract execution of the Management Services for Premium Parking Operations RFP.

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Airport Parking Statistical Information (2012)

The Owner currently offers valet parking for its patrons, at a rate of $20 per day. The valet parking service area is located on Level 3 of the Garage, near the direct bridge to the terminal, and utilizes 76 spaces. An additional 340 spaces for valet vehicle parking exist on Level 2 of the Garage. Approximate totals for valet parking transactions and revenue for 2011 and 2012 are as follows:

2011 2012

Transactions 32,750 38,300

Revenue $2,000,000 $2,400,000 Valet parking patrons can also request a variety of Additional Services, e.g., car wash and detail services, oil change, and fuel service. These services are primarily performed through a third-party provider under contract with the current valet parking Respondent.

Valet parking transactions, and valet parking and Additional Services revenue by month for 2012 were as follows:

Month Valet Parking Transactions Valet Parking Revenue Additional Services Revenue January 3,385 $ 225,215 $ 4,082 February 3,510 $ 222,342 $ 2,352 March 3,900 $ 255,457 $ 10,086 April 3,179 $ 216,749 $ 8,760 May 3,316 $ 200,719 $ 8,764 June 2,984 $ 175,822 $ 225 July 2,529 $ 146,827 $ ‐ August 2,822 $ 161,673 $ 7,083 September 3,006 $ 187,490 $ 8,406 October 3,784 $ 234,906 $ 8,993 November 3,226 $ 201,560 $ 8,728 December 2,630 $ 155,664 $ 3,382 Totals for Year 38,271 $ 2,384,424 $ 70,860

Owner is in the process of replacing the valet parking service with a new Premium Parking area, which will offer a combination of valet parking, attendant-assisted parking and self-parking as well as other Additional Services. Management of this new area, which is expected to open in June 2013, is the focus of this RFP.

3.2 PREMIUM PARKING OVERVIEW

Premium Parking will be located on Level 3 of the Garage per Exhibit I titled “Garage Map”, in the location of the current valet parking service center, with an initial size of approximately 285 spaces (the area is designed to allow adjusting the

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size up or down based on demand). Parking ticket re-encoders will be installed at the entrance and exit of the Premium Parking area, so that use of the area is completely controlled by the existing automated revenue control system utilized by the Owner. Customers will make

payment for Premium Parking at the Owner’s payment machines located next to the Premium Parking area, or at the regular cashier and automated lanes at the Main Garage Exit. The successful Respondent to this RFP will not be responsible for collection or control of parking revenues. However, the successful Respondent will be responsible for collection and control of any revenues from Additional Services such as car wash and detailing and will be responsible for accurately recording and reporting revenue to the Owner. The Respondent will utilize manual tickets for control of valet-parked and attendant-assisted vehicles.

Customers using the Premium Parking will have a range of service options:

a) Self-Park: Customers may park their vehicle in a marked parking space, on a space-available basis, and take their keys with them.

b) Attendant-Assisted: If all park spaces are full, customers may self-park their vehicle in a self-parking aisle, and leave the keys with the attendant. The vehicle would be moved only as necessary to let other vehicles out of the self-park spaces.

c) Valet Parking: Customers may leave both vehicle and keys with the attendant at the service booth, and the vehicle is returned to the customer at the same place.

The daily rate for Premium Parking is forecast to be $22.00, for all service options, with a rate structure for stays of less than one day to be determined. Owner will have sole control of the parking rates to be charged. For the purposes of the Revenue Share proposal, Respondent should assume the daily rate will not be lower than $22.00 for the length of the term. The Respondent will recommend the type of Additional Services, and the prices at which they are to be provided, subject to approval by Owner.

The minimum required staffing for this RFP is one person 24 hours a day, 7 days per week, plus one additional person Tuesdays through Thursdays during peak hours. Failure to comply with this requirement is grounds for termination of a Contract. Additionally, attendants must comply with all federal, state and local laws, pass initial and periodic background checks required by Owner, and maintain neat, tidy and respectful appearances and demeanor at all times.

3.3 RESPONDENT PREFERRED QUALIFICATIONS

The Owner desires that Respondents submitting proposals possess certain qualifications and experience to ensure expert management for a superior quality operation. In addition to attaining the highest level of service, expertise and experience available, the Owner seeks to establish a strong, sound and mutually beneficial relationship with a customer service oriented operator.

The following qualifications represent the preferred minimum requirements. In the event a Respondent does not meet these preferred requirements, the response

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must indicate as such, and Respondent must provide alternative references that meet these preferred qualifications as closely as possible.

3.3.1 Preferred Minimum Experience

a) Respondent and/or its senior management personnel shall demonstrate at least three (3) consecutive years of valet parking management and operations experience for at least one (1) significant operation.

3.3.2 Preferred Administrative Requirements

a) Respondent shall maintain an established operating headquarters within the United States that includes both administrative and accounting support staff. b) Respondent shall maintain an approved voice communication network to provide emergency access to Respondent’s senior management in the event of emergencies. The approved voice communication network shall be operational

on a

24 hours per day 7 days per week basis, 365 days per year. 3.4 SCOPE OF SERVICES

The following information is provided for use by the Respondent in the preparation of its Proposal. Respondent shall be required to perform and/or provide the following Scope of Services.

1) Management and Staffing for the Premium Parking Operations.

2) The Service will be operated 24 hours per day, 7 days per week, and 365 days per year.

3) A dedicated, full-time, on-site Manager is required for this facility. 4) Provision of Additional Services as approved by Owner.

5) Daily reconciliation for all Additional Services revenue.

6) Preparation of financial reports, including additional reporting that may be required from time-to-time, in formats as directed by Owner and/or Owner’s consultant. Respondent will also be required to provide reports and back-up documentation on a monthly basis.

7) Preparation of Proposed Annual Operating Budgets for each contract year. 8) Provision of housekeeping cleaning services for the parking areas, including

litter control.

9) Purchasing and inventorying of all operating supplies. 10) Provision of Owner-approved uniforms.

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12) Telecommunications, internet and credit card processing charges.

13) Recommendations by Respondent for service amenities to be provided to all parkers.

14) All required insurance coverage as specified in this RFP. Respondent shall be solely liable and responsible for any and all property damage and/or personal injury liability arising from any accident and/or damage claims for vehicles in its care, custody and control, and injury to its employees.

15) Claims Management and Adjudication appropriate for Owner.

16) Conduct criminal background checks and administering a drug testing program for all new employees prior to their assignment to the Owner and conduct periodic checks once per year of all employees working on Owner’s property. Secure current driving records for each of Respondent’s employees with driving responsibilities, at least twice per year.

17) Regular and frequent coordination with Owner (including attendance at staff meetings) to assure the provision of the highest quality Parking service. 18) Respondent’s staff will adhere to the operating procedures and standards

established by Owner.

3.5 RESPONDENT AND OWNER RESPONSIBILITIES Respondent and Owner responsibilities include:

a) Owner will provide the existing valet parking office, in as is condition, for use

by the Respondent.

b) All furniture, safes, and other necessary operating equipment shall be supplied and maintained by the Respondent, and shall remain Respondent’s property, unless they are permanently affixed to Owner property.

c) The Respondent may display signs with Respondent’s name, logo and contact information, subject to approval by Owner as to size, appearance, location and content. Signs concerning offerings of Additional Services will be provided and maintained by the Respondent, subject to approval by Owner as to size, appearance, location and content.

d) All directional and information signs concerning the Premium Parking will be provided and maintained by Owner.

e) Basic “housekeeping” and litter control will be the responsibility of the Respondent; Owner will be responsible for major washing, repair and maintenance of the Premium Parking Area.

f) Power for the office is provided by Owner.

g) Credit card processing for Additional Services will be provided by Respondent.

h) The Respondent will be responsible for necessary telecommunications and internet service.

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This contract will run from the date of initial award for two (2) years with the option to renew the contract for (1) additional one (2) year term. Contract extensions are subject to satisfactory performance, as determined by the Owner. 3.7 REVENUE PROPOSALS

Owner requires the Revenue Proposals associated with this RFP be firm revenue proposal price, in the appropriate format as discussed in section 4.5, that must remain open and in effect for a period of not less than 120 days from the final proposal due date.

3.8 MINORITY, WOMEN AND VETERAN BUSINESS

Proposals must contain an explanation as to what efforts will be used to employ minority and women businesses in the fulfillment of a proposed contract in response to this RFP. Please see Section 1.11, Section 4.10, for more information.

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SECTION FOUR

PROPOSAL PREPARATION INSTRUCTIONS GENERAL

To facilitate the timely evaluation of the proposal, a standard format for proposal submission has been developed and is documented in this section. All Respondents are required to format their proposals in a manner consistent with the guidelines described below:

 Each item must be addressed in the Respondent’s proposal or the proposal may be rejected.

 The proposal must be no longer than 25 pages excluding cover letter, resumes, financial statements and labeled/tabbed exhibits.

 The Owner may, at its option, allow all Respondent a five-calendar-day period to correct errors or omissions to their proposals. Should this necessity arise, the Owner will contact each Respondent affected. Each Respondent must submit written corrections to the proposal within five calendar days of notification. The intent of this option is to allow proposals with only minor errors or omissions to be corrected. Major errors or omissions, such as the failure to include prices, will not be considered by the Owner as a minor error or omission and may result in disqualification of the proposal from further evaluation.

The proposal shall consist of the following sections, each separately tabbed. 4.1 COVER LETTER / EXECUTIVE SUMMARY

Cover letter to identify the Respondent and state general information regarding its business organization.

Executive Summary of important features of the Proposal, including conclusions and general recommendations. Respondent to complete Exhibit A titled “Respondent Offer Letter” and include with Cover Letter.

Statement that all Respondent Qualifications and Scope of Services specified in Section 3.3 and 3.4 of the RFP can be met. Any exceptions are to be specified. Cover letter and Executive Summary may appear on the same page if necessary. 4.2 BUSINESS INFORMATION

1. Name of Firm (exactly as it is to appear on the Contract) 2. Principal Office Address

3. Telephone Number and Fax Number

4. Contact Person / Title / Email / Office Telephone 5. Form of Business Entity

a. Corporation b. Partnership c. Joint Venture d. Individual

6. Name, title, and address of each Officer with more than a 10% Ownership in the business

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4.3 FINANCIAL INFORMATION

1. Financial Statements (to be submitted with the RFP) – Balance Sheet and Income Statement prepared in accordance with Generally Accepted Accounting Principles for three (3) previous fiscal years.

2. Statement that Respondent has not ever had a bond or surety canceled or forfeited.

3. Statement that Respondent has not ever been declared bankrupt and if so, state the year, the amount of debt and the final case status.

4. Statement that Respondent has not ever been awarded an operating agreement or other contract and failed to operate under the agreement for the full term.

5. Description of any material litigation that the Respondent has been involved within the past three (3) years.

6. List any other names by which the Respondent’s company previously operated in the last ten (10) years and any bankruptcies or litigation in which prior iterations of the entity were involved.

4.4 PROPOSED OPERATING PLAN

Each Respondent shall include the day to day operating and maintenance procedures including but not limited to the following.

4.4.1 MANAGEMENT TEAM / STAFFING

Respondent shall provide detail on all management personnel, on-site manager, and staffing criteria. This section shall include the proposed number of personnel needed for the operation by shift, proposed wages and salaries, a complete description of your employee benefits program, a complete description of employee training program, and a description of any background checks and drug screening programs currently utilized.

4.4.2 TIMELINE FOR PROPOSED IMPLEMENTATION

Respondent shall provide a detailed timeline on implementation and startup of Premium Parking Services.

4.4.3 REVENUE CONTROLS

Respondent shall describe the procedures and systems used to ensure effective control over customer receipts. Respondent should discuss methods of cash control, credit card processing, and methods used to ensure the security of customer credit card information (PCI compliance). Revenue control systems used should enable sequential accountability for all transactions, separate reporting of tips or other non-concessionable receipts, and the accuracy and accountability of revenue to prevent unbilled or lost revenue.

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4.4.4 CUSTOMER COMPLAINTS

Respondent shall describe its procedures for investigating and resolving customer complaints regarding service, and its proposed method for reporting such items to the Owner.

4.4.5 DRIVER’S LICENSING

Respondent shall describe its procedures for ensuring all drivers maintain valid driver’s licenses, including any periodic reviews of license status with independent agencies.

4.4.6 VEHICLE KEY CONTROLS

Respondent shall describe the method by which vehicle keys and parking access cards will be secured from theft or other misuse.

4.4.7 MARKETING PLAN

Respondent shall provide a plan on how they will promote and advertise services, including markets they intend to target in the area and specific strategies on reaching these audiences. Respondent must coordinate with Owner regarding marketing plans.

4.5 REVENUE PROPOSALS

Respondents are to submit two types of revenue proposals including Management Fee Based Proposals and Revenue Share Based Proposals. Each type of revenue proposal is to include three (3) budgets based on various scenarios including best, most likely, and worst case scenarios. Reference Section 4.6 for additional details. The Owner will determine the final revenue structure that will become part of the Agreement with the successful Respondent.

4.5.1 MANAGEMENT FEE BASED PROPOSALS

Respondent is required to submit a Management Fee Based Proposal for the Premium Parking Operations which will include Management Fees (base and incentive fee, if any) and shall include, but not be limited to, the required elements listed in Section 4.5.3 for all three (3) scenarios.

4.5.2 REVENUE SHARE BASED PROPOSALS

Respondent is required to submit a Revenue Share Based Proposal for the Premium Parking Operations which will include Revenue Share Arrangement (Percentage Split) and shall include, but not be limited to, the required elements listed in Section 4.5.3 for all three (3) scenarios.

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Respondent is required to include, but not be limited to, the following elements in all proposals submitted for Management Fee Based Proposals as well as Revenue Share Based Proposals. Reference Section 4.6 for additional details.

a. Detailed (by day of week and shift per day) Staffing Plan for parking services personnel, including the hourly pay rate for each position, and the provision and source of back-up and flex labor

b. Scope of Operations

c. Obligations and Expenses of Respondent d. Obligations and Expenses of Owner e. Provision of Additional Services

f. Accounting/remitting of Additional Services Revenues g. Reporting of Operating Expenses

h. Preparation and submission of Operating Statements and Annual Operating Budget

i. Banking Arrangements Term of Agreement j. Assignment

k. Notices to Parties

l. Resolution of Disputes Between Parties

m. Termination/Right to Cancel Provision for Both Parties n. Insurance

o. Indemnification

p. Adjudication of Claims q. Customer Service r. Uniforms

s. Revenue and cost containment systems

4.6 PROPOSED ANNUAL OPERATING BUDGETS

4.6.1 Respondent shall submit three (3) separate pro forma Annual Operating Budgets for each of the proposed Management Fee Based Proposal per Exhibit E titled “Management Fee Based Proposed Operating Budget” and Revenue Share Based Proposal per Exhibit D titled “Revenue Share Based Proposed Operating Budget” for the Premium Parking service, including assumptions for both income and expenses for Best, Most Likely, and Worst-case scenarios, using the forms provided in Exhibit D and Exhibit E.

4.6.2 Provide the underlying assumptions for Revenue (i.e., vehicles parked, rates, etc.) and Expense calculations (i.e., salaries and wages, uniforms, insurance, etc.) to be used in computing the three pro forma Annual Operating Budgets for each of the operating scenarios.

4.6.3 Respondent shall include each of the following elements when completing the Proposed Annual Operating Budgets:

a) Salaries and Wages: Complete and include the proposed staffing plan, along with the proposed hourly pay rate for each position and calculation for the property. Identify any methodologies available to Respondent to control labor costs, without compromising service levels, on a regular or seasonal basis. Include a detailed description of the back-up and flex labor resource, its location, and capability. Respondent must complete Exhibit F titled “Labor and Payroll Worksheet”, and the worksheet must tie back to the Respondent’s Most Likely Case Scenario budget.

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b) Payroll-Related Expenses: Include all statutory requirements for each labor category as well as customary costs for health insurance, pension plans, and other benefits provided to employees of Respondent. Describe each element of cost (e.g., rate and method of calculation, etc.) in narrative form.

c) Business Services: Include all costs for Business Services required for the operation at the IND, including payroll and accounts payable processing. The maximum allowable percentage for Business Services shall be 1.5% of approved, budgeted payroll costs, but Business Services will be reimbursed at actual cost up to the maximum allowable percentage. This is NOT an allowance. Include a narrative description for each of the required Business Services.

d) Licenses and Permits: Include costs for all licenses and permits required for the operation of paid parking at IND. Identify, in narrative form, all licenses and permits required for this operation.

e) Claims: Include budgeted costs for settling damage/loss claims from patrons, exclusive of those covered by insurance. Include a narrative description of the manner in which Respondent will process claims from patrons and the maximum time in which claims will be settled with patrons. f) Insurance Premiums: Respondent shall procure and maintain the following

insurance, and shall be solely responsible for the adjudication of all automobile claims and/or personal injuries in a manner befitting a first-class Valet Parking operation in a manner that is satisfactory to Owner, and as a cost of operation:

(i) Workers' Compensation insurance per Indiana law;

(ii) Commercial liability insurance in the amount of not less than One Million Dollars ($1,000,000) per occurrence;

(iii) Garagekeepers' legal liability insurance in an amount of not less than Four Million Dollars ($4,000,000) per occurrence including but not limited to coverage for theft of automobiles in the Respondent’s care, custody, and control; (iv) Broad Form Umbrella/Excess Liability Insurance, which shall

cover defense costs on a “first dollar” basis and shall provide coverage as broad as the underlying coverages in (ii) and (iii) above, in an amount of not less than Five Million ($5,000,000) for excess liability over coverages provided by all primary insurance policies in (ii) and (iii) above; and

(v) Fidelity Bond Insurance providing coverage for dishonest acts of Respondent’s employees (including but not limited to theft of money and securities) with limits of not less than Twenty-Five Thousand ($25,000) per occurrence. Upon receipt of proceeds for claims under the aforementioned Fidelity Bond Insurance, Respondent shall immediately remit such amounts for any incurred loss to Owner, as its interests may appear.

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(vi) All insurance procured and maintained pursuant to the Agreement shall have such deductibles, limits and coverages and shall otherwise be in such form as Owner shall from time to time reasonably specify, be subject to periodic review and adjustment, and shall be issued by insurance companies authorized to do business in the State of California. All insurance shall be obtained from reputable insurance companies of recognized responsibility having AM Best Rating of A-, or better, and otherwise reasonably acceptable to Owner. No policies may be canceled or materially changed without at least thirty (30) days prior written notice from Respondent to Owner. Prior to the commencement of operations under this Agreement, Respondent shall deliver certificates of insurance with respect to all policies so procured and shall deliver certificates with respect to any renewal thereof at least 10 days prior to the expiration of such certificates. All Certificates of Insurance must remain in full effect throughout the duration of the successful Respondent’s Contract. Failure to maintain insurance is grounds for default.

All liability insurance procured and maintained under paragraphs (ii), (iii), (iv) and (v) above shall name Owner (and its respective affiliates, directors, officers, shareholders, agents and employees) and any mortgagee (if so requested) as additional insured’s or loss payee as applicable and such policies shall be primary and non-contributory to any other insurance these entities may procure. Respondent hereby grants Owner (and its respective affiliates, directors, officers, shareholders, agents and employees) and any mortgagee (if so requested) a waiver of recovery for loss or damage to the parking facilities, and any resultant business interruption regardless of the cause of loss or damage. Indicate the name, address and telephone number of the

insurance carrier in narrative form.

g) Shipping and Postage: Include the budgeted costs for postage and shipping directly related to the operation at the Airport. Include a narrative description of the budget costs.

h) Telecommunications: Include the budgeted costs for telecommunications service and equipment required for the operation at the Airport. Include a narrative description of the costs for local and long distance service, if any, which are direct cost components of this operation.

i) Supplies: Include the budgeted costs for all supplies to be consumed in the performance of the parking services including parking tickets and customer comment cards. Include a narrative description of all supply costs that are direct cost components of this operation.

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j) Uniforms: Include the budgeted cost for uniforms for all personnel assigned to this project. Include a narrative description and photographs (if available) of the uniforms to be provided. Note: Uniforms must be approved by Owner in advance of commencement of operations. The successful Respondent may not make changes in uniforms without prior approval from the Owner. k) For the Management Fee Based Proposal: Include the base management fee

proposed by Respondent to manage the Premium Parking Operations at the Airport. All allocations of corporate costs and all overhead are to be included in the proposed base management fee. If applicable, include the actual incentive management fee proposed by Respondent (expressed as a percentage of net operating profit). Include a narrative description of the manner in which Respondent desires for the incentive fee to be paid.

l) For the Revenue Share Based Proposal: Include the revenue share percentage proposed by Respondent for the management of the Premium Parking Operations at the Airport. Two percentages may be proposed, one for parking revenue and one for Additional Services revenue. All allocations of corporate costs and all overhead are to be included in the proposed revenue share percentage(s). Include a narrative description of the manner in which Respondent desires for the revenue share percentage to be paid.

m) Start-Up Costs reference Exhibit G titled “Start Up Budget”: Respondent is required to identify and provide at no additional cost to Owner, any Start-Up/Transition costs that will be required to commence the parking service as described herein.

4.7 ADDITIONAL GENERAL REQUIREMENTS

a) Respondent is required to provide at least one (1) current bank reference on Exhibit C titled “Questionnaire”, including the name of the bank, the name of a bank officer familiar with the Respondent relationship, and the telephone number and email address of the bank officer.

b) Respondent is required to provide at least three (3) references for which it is currently providing valet parking services Exhibit C titled “Questionnaire”. Contact information must include the name and title of the person most familiar with the operational and financial performance of the Respondent and the telephone number, fax number, and e-mail address of the reference contact. c) Respondent is required to complete Exhibit H titled “Parking Respondent Local

Support Information” form in order to provide adequate detail on Respondent resources available to support the parking service at the Airport to meet operating demand.

d) Respondent is encouraged to submit any other materials or offerings in support of the Proposal that may be of interest to persons charged with the selection of the Respondent for this Airport; including recommendations that in the Respondent’s opinion would improve the overall efficiency of the parking service. This would include but not be limited to creative staffing strategies, improved traffic flow designs, parking reception techniques, improved methods of revenue control, etc. The narrative description of these recommendations is intended to demonstrate that Respondent fully understands the operating

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environment as well as the Respondent’s specific plans for operational and financial improvements if it were awarded the contract.

e) Respondent is encouraged to submit recommendations for new Additional Services that would be beneficial to the customer and increase revenue.

f) The Proposal shall be executed by a duly authorized officer/owner of Respondent with a Cover Letter/Executive Summary per Section 4.1 and form Exhibit A provided herein and delivered per the instructions in Section 1.5. 4.8 EXCEPTIONS TO THE SAMPLE AGREEMENT

Each Respondent shall include a list of any exceptions to the Sample Agreement as part of their submission. If there are no exceptions to any portion of the Agreement, Respondent shall state that on the exceptions page. If no deviations or exceptions are identified and the Respondents Proposal is accepted by the Board, Respondent may be required to execute the Agreement without modification. 4.9 RESPONDENT EXPERIENCE / REFERENCES

This Section allows the Respondents the opportunity to discuss their industry experience and indicate how their organization meets or exceeds the minimum qualifications described in Section III of this RFP. Each Respondent shall submit at least five (5) business references for their Company and any subcontractors. These references shall include contact names, addresses, phone numbers, and fax numbers. The Owner has the right to verify any or all of the references provided in the Proposals.

4.10 BUSINESS DIVERSITY PROGRAM

Reference section 1.11 for participation expectations. Information shall be submitted on each M/W/VBE firm in the Respondent’s proposal. M/W/VBE information must include evidence of certification by the City of Indianapolis or the State of Indiana or Indiana Minority Supplier Development Council.

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SECTION FIVE PROPOSAL EVAULATION

5.1 PROPOSAL EVALUATION PROCEDURE

The Owner has selected a group of personnel to act as a proposal evaluation team. Subgroups of this team, consisting of one or more team members, will be responsible for evaluating proposals with regard to compliance with RFP requirements. All evaluation personnel will use the evaluation criteria stated below. The categories of evaluation criteria, in no particular order, are as follows:

 Proposed revenue due to the Owner

 Quality of service and years of experience

 Proposed operating plan

 Capability to market the service and increase utilization

 Reliability of operations and managerial capability

 Financial strength

 Supplier diversity participation

 Personal and professional references

Based on the results of this evaluation, the qualifying proposal determined to be the most advantageous for the Management Services for Premium Parking Operations RFP, taking into account all of the evaluation factors, may be selected by Owner for further action, such as contract negotiations. If, however, Owner decides that no proposal is sufficiently advantageous to the Owner, the Owner may take whatever further action that is deemed necessary to fulfill its needs. If, for any reason, a proposal is selected and it is not possible to finalize a contract with the Respondent, Owner may begin contract preparation with the next qualified Respondent or determine that no such alternate proposal exists.

END OF SECTION FIVE

END OF REQUEST FOR PROPOSAL

For notifications on new opportunities listed on our Web site and to learn other relevant business information about the IAA, connect with us on Twitter

(www.twitter.com/IAA_business) and Facebook: (www.facebook.com/IndianapolisAirportAuthority).

Notice: Please be advised that individuals interested in receiving information about potential business opportunities with the Indianapolis Airport Authority (“IAA”) regarding employment opportunities, bid packages, Requests for Proposals and all other

opportunities related to public procurement, should refer to IAA's social media pages solely as a supplement to, and not as a substitute for, the IAA’s official procurement site, which is www.indianapolisairport.com.

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MANAGEMENT SERVICES FOR PREMIUM PARKING

OPERATIONS

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Exhibit A

Indianapolis International Airport

Respondent Offer Letter

Date: _____________________________

To: Indianapolis Airport Authority (Owner)

The undersigned hereby proposes to manage and provide management services for the Premium Parking Operations for Indianapolis International Airport as described in its Request for Proposal dated February 19, 2013.

Either for a Management Agreement:

A Base Management Fee of $__________________ per month and an Incentive Management Fee of ________ percent (____%) of the Net Operating Profit.

Or for a Revenue Share Agreement (Operator’s Share):

_____ percent (____%) of the Gross Parking Revenues derived from the Premium Parking service at the Indianapolis International Airport plus ____percent(____%) of the Gross Additional Services Revenue derived from the Premium Parking Service at Indianapolis International Airport.

Gross Parking Revenue being defined as all collections by any party for Parking services, excluding any parking tax and uncollected fees.

Gross Additional Services Revenue being defined as all collections by any party for Additional Services such as car wash and detail services, excluding any applicable taxes and uncollected fees.

Net Operating Profit being defined as Gross Parking Revenue plus Gross Additional Services Revenue less approved direct operating expenses including (i) salaries, wages, taxes and benefits of Operator’s employees working onsite, (ii) operational costs, (iii) costs of required insurance, and (iv) applicable gross receipts, sales and business taxes relating to the conduct of the business.

The undersigned acknowledges that Indianapolis Airport Authority shall have the sole right to select a management fee or a revenue share proposal that it determines to be in its best interest.

Attest: _________________________________ (Company Name)

__________________________ By: _________________________________ (Signature - Corporate Officer) ________________________________________ (Printed Name) ________________________________________ (Title)

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Exhibit B

Sample Contract

Contract for Professional Services

(Sample)

Agreement made as of the____day of __________, 2013.

BETWEEN

the:

Indianapolis

Airport

Authority

7800

Col.

H.

Weir

Cook

Memorial

Drive

and the Contractor:

For:

7800

Col.

H.

Weir

Cook

Memorial

Drive

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CONTRACT FOR PROFESSIONAL SERVICES

This is an Agreement by and between the Indianapolis Airport Authority

(hereafter referred to as the “Authority”) and (Name) (hereafter referred to

as “Contractor”), referred to hereinafter as “Party” or collectively as

“Parties”.

Whereas, Authority seeks the assistance of Contractor to provide certain

professional services;

Whereas, Contractor possesses independent qualifications and abilities

to perform such efforts; and,

Whereas, Contractor is willing to provide such professional services in

accordance with the terms and conditions set forth herein.

Now, therefore, the above named Parties enter into this Agreement upon

the following terms and conditions:

I.

Scope of Work

Contractor shall report to, and act under, the direction of the (Department

Director) or his/her designee, in providing the professional services

required by this Agreement.

Specifically, the Contractor shall deliver the following:

All Services as outlined in the Request for Proposals entitled “Management

Services for Premium Parking Operations” attached and fully incorporated

herein.

Changes in the Work

In the event the Authority requires a change in scope, character, or

complexity of the work after the work has progressed, adjustments in

compensation to Contractor shall be determined by the Authority in the

exercise of its honest and reasonable judgment, and Contractor shall not

commence the additional work or the change of scope until authorized in

writing by the Authority. No claim for additional compensation shall be

made in the absence of a fully executed amendment to this Agreement.

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II.

Consideration

For all professional services rendered under this Agreement, the Authority

agrees to pay Contractor (to be determined based on RFP response and

negotiations). No payment shall be processed without a detailed and

itemized billing statement. All payments made to Contractor shall be net

thirty (30) days.

III.

Term

This Agreement shall commence on (Date) and end on (Date) (the “Initial

Term”) and the Initial Term shall be 2 years.

IV.

Option to Renew for Additional Term

Prior to the expiration of the Initial Term, Authority may elect to extend

this Agreement. Any extension of this Agreement shall require a Renewal

signed by both parties. The term of any renewal shall not exceed two

additional years beyond the Initial Term of the Agreement. The maximum

total number of years allowable under the Agreement is four (4) years.

V.

Access to Records

Contractor and its subcontractors, if any, must provide the Authority,

Authority’s auditors or any of its duly authorized representatives, with

access to all books, documents, papers, and accounting records and other

evidence pertaining to all costs incurred under this Agreement, for the

purpose of making audits, examinations, excerpts, and transcriptions.

Contractor must make such materials available at its office at all

reasonable times and maintain and provide access to all of the required

records for a period of three (3) years after final payment for services is

made by Authority. Copies thereof shall be furnished at 10 cents (ten

cents) per page if provided by hard copy. If sent electronically, the

Authority will receive no charge. The Contractor shall provide the

documentation requested with 30 days written notice by the Authority.

VI.

Assignment

Contractor binds its successors and assignees to all the terms and

conditions of this Agreement.

Contractor may assign its right to receive payments to such third parties

as Contractor may desire without the prior written consent of the

Authority, provided that the Contractor gives written notice (including

evidence of such assignment) to the Authority thirty (30) days in advance

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of any payment so assigned. The assignment shall cover all unpaid

amounts under this Agreement and shall not be made to more than one (1)

party.

Notwithstanding the foregoing, Contractor shall not assign or sub-contract

the whole or any part of this Agreement to any other person or entity

without the prior written consent of the Authority.

VII.

Compliance with Laws

Contractor specifically agrees to comply with any and all applicable state,

federal, and local statutes, ordinances, and regulations in its performance

of the obligations hereunder and shall ensure subcontractors compliance

with the same. The enactment of any state or federal statute or the

promulgation of regulations thereunder, after execution of this Agreement,

shall be reviewed by the Authority or its designee and the Contractor to

determine whether the provisions of this Agreement require formal

amendment.

If Contractor is a foreign (out-of-state) entity, it shall be required to furnish

a certificate from the Secretary of the State of Indiana showing that the

corporation is registered and authorized to transact business in the State

of Indiana.

VIII.

Condition of Payment

All services provided by Contractor under this Agreement must be

performed to the Authority’s satisfaction, in accordance with all applicable

rules, regulations, federal, state and local laws. The Authority shall not pay

for any work in violation of federal, state or local statute, ordinance, rule or

regulation.

IX.

Default

The following shall constitute an Event of Default, for which the Authority

may terminate this Agreement in whole or in part:

A.)

Contractor’s failure to correct or cure any breach of this

Agreement;

B.)

Contractor’s failure to provide services in accordance with the

specifications set forth in the Contractor’s written response for

request of services, proposal and Scope of Work;

C.)

Contractor’s failure to perform the services within the time

specified in this Agreement or any extension;

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D.)

Contractor’s failure to make progress so as to endanger

performance of this Agreement; or

E.)

Contractor’s failure to perform any of the other provisions of

this Agreement.

F.)

Contractor’s failure to comply with federal, state and local laws

or policies of the Authority.

The rights and remedies of the Authority in this clause are not exclusive

and are in addition to any other rights and remedies provided by law or

under this Agreement.

X.

Governing Laws and Dispute Resolution

This Agreement shall be construed in accordance with and governed by the

laws of the State of Indiana, excluding any provisions thereof that might

refer construction or interpretation of this Agreement to the substantive

law of another jurisdiction. Any litigation arising under this Agreement

shall be commenced and maintained only in the state or federal courts

situated in Marion County, Indiana. The Authority and Contractor consent

to the personal jurisdiction of, and venue in, such courts, and waive any

right to object to this designation of jurisdiction and venue in the future.

The Authority shall in good faith perform its obligations required

hereunder and does not agree to pay any penalties, liquidated damages,

interest, or attorney’s fees, except as required by Indiana law.

XI.

Indemnification

Contractor shall keep and hold the Authority and its officers, directors,

agents, servants and employees harmless from any and all liabilities,

losses, suits, claims, judgments, fines, penalties, demands or expenses,

including all reasonable costs for investigation and defense thereof

(including but not limited to attorney’s fees, court costs and expert fees),

claimed

by

anyone

by

reason of injury or damage to persons or property sustained in or about

the Indianapolis International Airport (“Airport”), as a proximate result of

the acts or omissions of the Contractor, its agents, servants, or employees,

or arising out of the operations of Contractor upon or about the Airport,

excepting such liability as may result from the sole gross negligence of the

Authority, its officers, directors, agents, servants or employees; provided,

however, that upon the filing of any claim with the Authority for damages

arising out of incidents for which the Contractor herein agrees to hold

Authority harmless, then and in that event, the Authority shall notify

Contractor of such claim and Contractor shall have the right to settle,

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compromise or defend same. Contractor shall further use legal counsel

reasonably acceptable to the Authority in carrying out Contractor's

obligations hereunder. Any final judgment rendered against the Authority

for any cause for which Contractor is liable hereunder shall be conclusive

against Contractor as to liability and amount, where the time for appeal

there from has expired. The indemnity provision set forth herein shall

survive any expiration or termination of this Agreement.

XII.

Responsibility for Claims and Liabilities

Contractor shall be responsible for all personal injury, wrongful death or

property damage resulting from the negligent acts or omissions of

Contractor or Contractor’s approved subcontractors or agents in

connection with the services, and shall be responsible for all parts of their

work, both temporary and permanent.

XIII.

Insurance

Worker’s Compensation

Contractor shall procure and maintain at its expense insurance of the kind

and in the amount hereinafter provided, by companies authorized to do

such business in the State of Indiana, covering all operations under this

Agreement whether performed by Contractor or by an approved

subcontractor. The insurance requirements set forth below do not in any

way limit the amount or scope of liability of the Contractor under this

Agreement.

Contractor shall have in place an insurance policy covering the obligations

of the Contractor in accordance with the Workers’ Compensation laws as

required by law in the event the legal requirement for such insurance

coverage is triggered.

General Liability Insurance

Contractor shall provide to the Authority a Certificate of Insurance in the

amount of $5 million from an insurance company certified by AM Best as A-

or above, and such Certificate must be on file with the Authority before

Contractor begins any work on the Authority’s premises. Such Certificate

of Insurance must remain in full effect throughout the term of this

Agreement, and failure to maintain said insurance of any kind required by

this Agreement may be considered a default by the Authority.

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Contractor shall provide a fidelity bond to cover all of its employees

working through this Agreement for the Authority in the amount of

$25,000 per occurrence. The Authority shall be named on the bond.

XIV.

Independent Contractor

Both Parties hereto will be acting in an individual capacity in the

performance of this Agreement and not be acting as agents, employees,

partners, joint ventures, or associates of one another. The employees or

agents of one party shall not be deemed or construed to be the employees

or agents of the other Party for any purpose whatsoever. Neither Party will

assume any liability for any injury (including death) to any persons, nor

damage to any property, arising out of the acts or omissions of the agents,

employees, or subcontractors of the other Party. Contractor shall be

responsible for providing all necessary Unemployment and Workers

Compensation Insurance for its employees.

XV.

Minority and Woman Owned Business Enterprises

It is the policy of the Authority that Minority and Woman-Owned Business

Enterprises shall have the maximum opportunity to participate in the

performance of this Agreement.

In this regard, Contractor shall take all necessary and reasonable steps to

ensure that Minority and Woman-Owned Business Enterprises are given fair

and equal opportunities to participate in the execution of this Agreement.

Contractor shall not discriminate on the basis of race, color, national origin,

or sex in the award and performance of Authority contracts.

XVI.

No Third Party Rights

Nothing contained in this Agreement shall create a contractual relationship

with or cause of action in favor of a third party against either the Authority

or Contractor.

XVII.

Non-Discrimination and Other Assurances

Pursuant to IC 22-9-1-10 and the federal Civil Rights Act of 1964 the

Contractor, and its agents, and subcontractors shall not discriminate

against any employee or applicant for employment in the performance of

this Agreement. Contractor shall not discriminate with respect to the hire,

REQUEST FOR PROPOSALS (RFP)