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CITY OF FRANKFORT REQUEST FOR PROPOSALS

OPERATION AND MANAGEMENT OF DOWNTOWN PARKING

RFP #2202102-70___

INTRODUCTION

The City (the “Owner”) is soliciting proposals from qualified firms to provide the day to day parking operations and enforcement for all City parking assets located in downtown Frankfort. The successful respondent (the “Operator”) will be awarded an Agreement (the “Agreement”) to operate, enforce, and maintain the parking assets for an initial term of three (3) years with the option of two (2) additional one (1) year extensions. All RFPS must be turned in to the Office of the Purchasing Division, City Hall, 315 West Second St., Frankfort, KY, no later than 2:00 pm EST on January 7, 2022. Questions on the RFP can be submitted to the Office of the Purchasing Division no later than 4:30 pm EST on December 30, 2021.

PHYSICAL RESPONSES: All responses must be turned in to the Office of the Purchasing Division, City Hall, 315 West Second St., Frankfort, KY, no later than 2:00 pm EST on date of bid opening. Responses cannot be accepted at any other location. Responses must be received by the designated date and time and none will be considered thereafter.

ELECTRONIC RESPONSES: Electronic Responses submitted through DemandStar will also be accepted for this project. Responses must be signed and submitted in same required format. Submit one (1) electronic copy if using E-Response (E-bidding). After uploading your response, Respondents are encouraged to verify the successful upload of the document(s). Responses must be received by the designated date and time and none will be considered thereafter.

Responses will be prepared per the requirements detailed within the RFP document. Documents are available at no charge with registration through DemandStar (https://www.demandstar.com/registration) or a copy can be obtained in the Office of the Purchasing Division, City Hall, 315 West Second St., Frankfort, KY.

BACKGROUND

The City of Frankfort is currently experiencing significant downtown reinvestment. The local development community has been energized to complete several significant projects and continues to invest in downtown. In addition to local development the Commonwealth of Kentucky recently completed construction of the Mayo Underwood Building which will house approximately 1,400 State workers. The Commonwealth has also recently transferred nearly 12 acres of prime downtown property for redevelopment. This resurgence in development opportunities and investment paired with a recent uptick in demand for downtown housing is an exciting trend that the City would like to capitalize on. The City recognizes that one factor for supporting downtown growth is parking management, convenience and enforcement. Currently the City operates one off

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street parking structure with a vendor on an existing agreement and conducts on street parking enforcement in the Central Business District downtown internally. The City expects to begin construction in early 2022 on an additional parking structure containing at least 300 publically available covered spaces.

PARKING ASSETS OVERVIEW Downtown Frankfort contains approximately 672 on-street parking spaces and 625 Public off street spaces. In addition to the available public parking facilities there are approximately 3,872 private off-street parking spaces downtown operated by businesses, state government or other entities. Currently the Police Department conducts on-street parking enforcement of the 2 hour parking term limit in the Central Business District. The current days/hours of enforcement are Monday-Saturday 8:00 a.m. to 5:00 p.m., excluding Sundays and legal holidays. The City currently operates one off-street parking garage and anticipates constructing a second parking garage to operate containing a minimum of 300 covered parking spaces in the next 24 months.

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PARKING MANAGEMENT AGREEMENT- BASIC TERMS The following highlights the basic terms of the anticipated Agreement by and between the City “Owner” and Operator:

• Term: An agreement for a minimum term of three (3) years with the option of two (2) additional one (1) year extensions.

• Scope of Work: Operator will provide all necessary materials, staff, expertise and services to carry out the Scope of Services outlined in this RFP.

• Compensation: As compensation for services rendered, the Owner will pay the Operator a base management fee for the professional services provided to manage and administer the daily parking operations of all City owned parking assets identified within this RFP and enforcement of all downtown on-street parking enforcement.

• Capital Improvements: During the Term, certain capital improvements projects may occur that are originated and financed by the Owner (not including the procurement of downtown parking payment app, enforcement, and citation system). The Operator may be required to assist the Owner with bid solicitation and adjust staffing schedules and/or operating methodologies to accommodate these types of projects from time to time during the Term.

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SCOPE OF SERVICES This section provides a summary of the essential requirements of the RFP that will be further detailed in an Agreement by and between the Operator and Owner. The Operator will manage, operate and administer a public parking operation. Services to be provided in connection therewith will include but not be limited to the following:

• Enforcement of parking ordinances within Downtown Frankfort, including but not limited to time limits, ADA, no-parking zones, permit areas, loading zones, and other typically enforced regulations.

• Management and operation of the Ann Street Parking Facility. • Management and operation of the proposed parking facility associated with the

Transit Center and parking structure on Clinton Street. • At the beginning of the term, the Operator will provide an initial repair and

maintenance plan for the Ann Street Parking Facility. This plan is intended to provide the Owner with an initial list of maintenance and repair activities to be completed in order for the Operator to take over management and operation of the facility in good working order.

• Employment of such parking “ambassadorial” personnel needed for the effective management and operation of the referenced facilities and other duties as assigned in the Scope of Services.

• Occasional placement and collection of event signage (i.e. No parking/Street Closure signage) for events occurring within the downtown parking area.

• Maintenance of accounting records of all income and expenses related to the management and operation of the parking assets.

• Management and operation of any other off-street facilities controlled by the Owner which may from time to time require parking management.

• Operator will be focused on downtown parking operations; however there may be occasional times they are asked to assist police with ticketing illegal parkers in other areas of the City. The expectation is that this will require a very limited amount of time on an occasional basis.

• Regular consultation with the Owner on matters related to the operation of the parking assets. This should involve regular reports shared with Owner’s designee including at a minimum parking ticket reporting, garage occupancy information, incident and accident reports, garage or other maintenance activities and property damage, number of vehicles impounded or immobilization tools utilized, garage(s) and on-street parking enforcement staffing schedules. Operator will provide for accounting purposes within fifteen days after the end of each accounting month, a detailed written cash statement of the gross revenue collected, management fee earned and operating expenses incurred during the preceding month.

• Operator shall develop a listing of business rules and procedures which the program will operate in accordance with. Rules shall include, but not be limited to, such items as appeals processes, monthly lease procedures, financial reporting, etc. Operator will meet with Owner to develop these rules prior to beginning service.

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• Operator will be expected to appropriately train all employees to administer parking regulations, manage parking assets and interact with the public in an “ambassadorial” fashion.

ADDITIONS AND DELETIONS OF PARKING ASSETS

The Owner shall have the right during the Term to modify the parking assets on a temporary or permanent basis for any reason including but not limited to the following: a) To complete repairs; b) To increase the available supply of spaces by redesign, restripe or otherwise; c) To decrease the available supply of spaces for any purpose; or d) To convert all or part of assets to another use The Operator will accommodate these changes in its operation of the parking assets.

MAINTENANCE REQUIREMENTS

Operator will maintain parking assets in clean and safe condition. Maintenance requirements will include daily policing of common public areas, garbage and trash removal, on-going service and maintenance of any equipment, annual washdowns, painting and pressure washing. The Operator is responsible for maintenance and replacement of any signage associated with parking “Apps”, “Price Boards” or other incidental or internal directional signage while the Owner will be responsible for the replacement of any exterior Parking Wayfinding Signage when notified of damage by the Operator. Operator’s maintenance services will be subject to Owner review, inspection and verification of any and all activities and reporting requirements at any time without notice. The Operator is to provide a maintenance plan for each parking asset.

USE OF PARKING ASSETS

Operator will manage, enforce, maintain and administer the parking assets in accordance with the guidelines set forth by the City. Operator will not use the parking assets for purposes other than those required under the Agreement. Owner reserves the right to itself and others for supplementary and complimentary uses, including other revenue generating activities, at is sole discretion, except as otherwise stated herein.

PARKING RATES The fees charged for parking are determined and regulated solely by the Owner, with recommendations from the Operator welcome. Operator will collect parking fees in accordance with the approve fee structure.

STAFFING Operator will propose staffing levels/strategy as part of their response to this RFP. Operator will provide company organizational chart and resumes for the key personnel involved in the day-to-day supervision of the parking assets. All on-site employees will be trained in parking operations as well as in customer service. On site employees shall have uniforms provided to them with name badges clearly identifying them as employees of the City’s Operator. Operator and its staff will conduct themselves in a helpful courteous manner toward public parkers and City staff at all times.

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The Owner reserves the right to require the Operator to remove any personnel, which in the Owner’s opinion does not provide a level of service consistent with the quality of service expected. The Owner reserves the right to require the Operator to provide additional personnel or to modify its operating procedures if in the sole discretion of the Owner’s the Operator’s operation of the parking assets and staffing thereof is insufficient for satisfactory operation of parking assets and enforcement of all parking regulations.

MARKETING AND PUBLIC INFORMATION

The Operator will be responsible for maintaining and providing marketing material used to market the parking assets in coordination with the Owner’s designee. Marketing materials will include, but will not be limited to information provided by Operator for use on the Owner or Operator’s website, parking fee information, mapping of parking zones and assets, parking rules and regulations developed and/or amenities offered by the Operator. All marketing material, policies and procedures will be subject to prior approval by the City and shall include local “Kentucky Distilled” branding logos and color pallets.

VOLUNTARY SITE VISIT

The City will schedule a voluntary pre-submittal downtown parking site visit with interested respondents. The purpose of this visit opportunity is for potential respondents to familiarize themselves with downtown Frankfort and to tour the existing parking garage and other parking facilities. A copy of any questions answered by City Staff as part of this site visit will be posted as an addendum to the RFP following the site visit and prior to the RFP response deadline.

PROPOSAL SUBMITTAL REQUIREMENTS

RFP responses should address the following: 1. Demonstration of familiarity and experience in managing parking garage

operations and maintenance as well as parking enforcement including information for any sub-contractor that may be engaged to complete the scope of work.

2. At least 3 references with recent knowledge of the Operator’s work. 3. Resumes of the key personnel responsible for each aspect of the scope of work

and identification of the firms’ primary contact person. 4. General Project Approach, including staffing schedule, proposed parking “app”,

and proposed equipment or technology to be utilized in garage operation or on street parking enforcement

5. Proposed Management Fee, and operating expense budget including expected staffing and maintenance costs. Respondents should be aware that the initial 2 years of the term will likely involve the management of a single parking structure, while the City expects the addition of management of the second parking structure some time later after its construction is complete.

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EVALUATION PROCESS The City Manager will form a Selection Committee (“The Committee”) to evaluate the Responses. Selection Committee members shall evaluate the Responses independently. As indicated in this section, points will be assigned to certain items presented in the “Proposal Submittal Requirements” section of this RFP. The Committee shall not use items without points assigned in computing the numerical score but shall use them as part of their evaluation and recommendation process, for informational purposes, as a basis for possible disqualification, and to break any tie. The Committee shall also use the various scored items as a part of its evaluation and recommendation process. The Committee may conduct one or more meetings during which members may discuss their evaluations, make any adjustments deemed necessary to best serve the interests of the residents of Frankfort, interview Respondents, and develop a recommendation or series of recommendations to the Board of Commissioners. The Committee may conduct oral interviews as part of the evaluation process to select the recommended Respondent(s). The Committee may make a recommendation, in addition to providing the scoring information and the information from the non-scored items to the Board for the Board to use in making the final selection. The Committee may also give the Board a written and/or verbal narrative describing the reasons for any recommendation. The Board may use the Responses, the Committee’s scoring, the non-scored items in the Responses, any other information or recommendation provided by the Committee or Staff, any oral presentations of Respondents and any other information the Board deems relevant in its selection of Respondents to whom to award a Contract. The points available for each of the items to be evaluated are as follows:

Item Reference Maximum Points

A. General Information/Pricing/Quality of Proposal 25 B. Demonstration of Parking Garage Operation Experience 25 C. Demonstration of On-Street Parking Enforcement Experience 25 D. Project Approach-Parking Mgmt. & Enforcement Strategy 50 E. Pricing 50 Total Points Available 175

CITY OF FRANKFORT GENERAL TERMS AND CONDITIONS 1. Applicable Laws and Regulations. The proposer’s attention is directed to the fact that

all applicable Laws of the Commonwealth of Kentucky, Municipal Ordinances and the rules and regulations of the City shall apply to this invitation and contractual documents that may result with award of this invitation. Any litigation with respect thereto shall be brought in the courts of the Commonwealth of Kentucky and Kentucky Law shall govern.

2. Exceptions. Proposers taking exceptions to any part or section of the Invitation shall indicate such exceptions on the bid form. Failure to indicate any such exception will be interpreted as the proposer's intent to comply fully with the requirements as written. Conditional or qualified proposals, unless specifically allowed, shall be subject to rejection in whole or in part.

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3. Oral Statements. No oral statement shall modify or otherwise affect the terms, conditions, or specifications stated in the invitation or ensuing contract. Any Modifications to the invitations must be signed by the City. Any modifications to the contract must be signed by both parties to the contract.

4. Proposal Acceptance Period. Any proposal submitted as a result of the solicitation shall be binding on the bidder for a period of ninety (90) calendar days following the opening date. Any proposal for which the bidder specifies a shorter acceptance period may be rejected.

5. Ethics in Public Contracting. The proposer certifies that its proposal was made without collusion or fraud; that it has not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer, or subcontractor in connection with the proposal; and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

6. Late Submissions. A proposal received at the place designated in the invitation for the receipt of proposals after the exact time specified for receipt will not be considered unless it is the only proposal received or it is received before award is made and was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of proposals. Otherwise, to be considered, the City must determine that the late proposal was due solely to mishandling by the City after receipt at the specified address.

7. Informalities and Irregularities. The City has the right to waive minor defects or variations of a quote from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by a proposer (with the proposal) for the City to properly evaluate the proposal, the City has the right to require submittal of such additional information as it may deem necessary after the time set for receipt of quotes, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured.

8. Indemnification. The successful proposer covenants to save, defend, keep harmless, and indemnify the City and all of its officers, departments, agencies agents, and employees from and against all claims, loss damage, injury, fines penalties, and cost - including court costs and attorney's fees, charges, liability, and exposure, however caused - resulting from, arising out of, or in any way connected with the bidder’s negligent or willfully negligent performance or nonperformance of the terms of the contract.

9. Termination. The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines that the termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor of a written notice of termination at least fifteen (15) days before the date of

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the termination, specifying the extent to which performance of the work under contract is terminated.

10. Drawings, Sketches, and Technical Data Information. Proposers are encouraged to submit any and all technical data necessary to support its proposal. Additional generic literature on the item proposal, i.e. marketing, sales and so forth may also be submitted.

11. Warranties of Quality. Proposer warrants that the goods and services provided pursuant to the Proposal Specification shall conform to all affirmations of fact or promises made by bidder, descriptions, samples and specifications. If services or work is to be provided under the contract, such services or work shall be completed in a good and workmanlike manner. In addition, proposer warrants that said goods and services are merchantable and are fit for the ordinary purposes for which such goods and services are used. In the event of a breach of any of the foregoing warranties, proposer shall expeditiously as that term is defined by the City, and at its own expense but at the sole option of the City, repair or replace the goods and services to comply with said warranties. The foregoing warranties shall apply to any and all repaired or replacement goods and services provided hereunder.

12. Additional Clauses Incorporated by Reference

a. OSHA 1970 (Public law 91-596) Safety Standards and Accident Prevention

b. KRS 45.610

c. KRS 45.620

d. KRS 45.630

e. KRS 45.640

13. Questions On Bid Documents: All matters, regardless of the nature, regarding this RFP shall be submitted to, City of Frankfort, 315 W. Second Street, Frankfort, KY 40601, telephone number (502) 352-2076.

14. Warranties Of Title: Proposer warrants that it has title to and the proprietary right to provide the goods pursuant to the contract. Proposer shall at its own expense either defend or settle with the prior approval of the City, any suit, claim or action against the City based on an allegation that the goods or the use thereof constitutes a patent, copyright, trade secret or other intellectual property right infringement. Proposer shall pay all amounts assessed against the City in any suit, claim or action and shall reimburse the City for any damages, direct or consequential, incurred as a result of such suit, claim or action including the City’s attorney’s fees, court costs and expenses incurred by participating in the defense or settlement thereof. In the event the goods are held to constitute an infringement in such suit, claim or action or their continued use is enjoined, Proposer shall at its own expense and at the option of the City, either: a) procure for the City the right to continue using the goods, b) replace the goods with equivalent non-infringing goods which are acceptable to the City, or c) modify the goods in a manner which is acceptable to the City, so they become non-infringing.

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15. Non-waiver Of Rights: No delay or omission by the City to excise any right in the contract at law or in equity, shall constitute a waiver of such right or any other right in the contract, at law or in equity.

16. Warranty of Price: Proposer warrants that the prices for the goods provided to the City pursuant to the contract are not less favorable than those prices currently in effect with other customers of Supplier for the same or similar goods in similar quantities. In the event Proposer reduces its prices for such goods within thirty (30) days of the execution of the contract by both parties. Supplier shall reduce the prices in the contract to the reduced price. Proposer warrants that the prices in the contract shall be complete and no additional charges of any type, including but not limited to shipping, packaging, labeling, custom duties, storage, insurance, boxing and crating, shall be added without the prior written consent of the City.

17. Setoff: All claims for money due or to become due from the City shall be subject to deduction or set off by the City by reason of any counterclaim or cross claim arising out of this or any other transaction with Supplier.

18. Compliance With Laws: The successful proposer shall comply with all applicable federal, state and local laws, rules, City ordinances and regulations, Presidential directives and executive orders that are or may in the future become applicable to the successful proposer or the subject matter of the contract, including but not limited to laws and regulations concerning OSHA, and all such applicable federal, state and local laws, rules, City ordinances and regulations, Presidential directives and executive orders are hereby incorporated herein by this reference.

19. Certification Of No Bid Rigging: Proposer certifies to the City that Proposer has not combined or conspired with any other person to reduce or eliminate competition in the bidding of the contract, the effects of which would constitute an unreasonable restraint of trade or commerce.

20. Merger Clause: This contract, including any exhibits or documents incorporated herein by reference, constitutes the final written expression of all the terms and conditions of the contract between Proposer and the City and is a complete and exclusive statement of those terms and conditions and supersedes all prior negotiations, representations or agreements, either written or oral, with respect to the subject matter of the contract, except those representations relating to warranties of quality. This contract may only be modified in writing signed by the City.

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21. Mediation: Claims, disputes or other matters in question between the parties to this Contract shall be first subject to pre-suit mediation prior to the filing of any legal claims or litigation. Pre-suit mediation is a condition precedent to litigation. The obligation to mediate is a material and essential provision of this Contract.

Unless otherwise agreed in writing, the Proposer shall carry on the Work and maintain its progress during any mediation or litigation, and the City shall continue to make payments to the Proposer in accordance with the Contract Documents.

Either party may initiate a mediation proceeding by submitting, a request in writing to the other party within a reasonable time after the claim, dispute or other matter in question has arisen, but in no event after the applicable statute of limitations has expired.

The parties shall endeavor in good faith to mutually agree upon an acceptable mediator. In the event the parties have not agreed upon a mediator within 30 days of the request for mediation, the City shall select a mediator. Each party is to bear its own fees, costs and expenses of said mediation.

In the event that mediation is unsuccessful, all claims, disputes or other matters in question shall be resolved in the Circuit or District Courts of the Commonwealth of Ky. located in Franklin County, Kentucky.

22. Litigation: In the event legal action is brought against the City or the Proposer against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs and expenses incurred in that action from the non-prevailing party.

23. Insurance: The selected Contractor shall obtain at its own expense, and maintain for

the term of the contract, occurrence form commercial general liability and commercial automobile insurance, including coverage for all owned, hired, and non-owned automobiles, for the protection of the contractor, the City, its Commission, officers, agents, volunteers, and employees. Such coverage shall be primary and non-contributory. Coverage shall include personal injury, bodily injury, including death, and broad form property damage, including loss of use of property, occurring in the course of or in any way related to the Contractor’s operations, in an amount not less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate. Such insurance shall name the City as an additional insured. Contractor, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract, who are subject employers under the Kentucky Workers’ Compensation Law, shall comply with the law, which requires them to provide workers compensation coverage. Out-of-state employers must provide workers' compensation coverage for their workers. Employers' Liability Insurance with coverage limits of not less than $1,000,000 each accident shall be included. All policies will provide for not less than thirty (30) calendar days' written notice to the City before they may be canceled. Prior to commencing work under this Contract, and thereafter upon request, Contractor shall furnish the City certificates of insurance and necessary endorsements evidencing the effective dates, amounts, and policy

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numbers. Certificate mailed to: City of Frankfort, 315 W. Second Street, Frankfort, KY 40601.