ATM for Football Stadium 2013 - University of North ... · TITLE: ATM for New Football Stadium...

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1 University of North Carolina at Charlotte REQUEST FOR PROPOSALS RFP # 130108-RD TITLE: ATM for New Football Stadium USING DEPARTMENT: Auxiliary Services ISSUE DATE: April 15, 2013 CLOSING DATE: 2:00 PM, May 2, 2013 (Mandatory Site Visit: April 25, 2013) ISSUING AGENCY: UNC Charlotte Purchasing Office, Materials Management Department Sealed Proposals subject to the conditions made a part hereof will be received until 2:00 PM, May 2, 2013, for furnishing services described herein. Proposals are subject to rejection unless submitted on the form(s) provided. SEND ALL PROPOSALS DIRECTLY TO THE ADDRESS SHOWN BELOW: RFP # 130108-RD UNC Charlotte Purchasing Office, Reese Bldg., 3 rd Floor 9201 University City Blvd Charlotte, NC 28223 IMPORTANT NOTE: Indicate firm name and RFP number on the front of your sealed proposal package, along with the closing date for receipt of proposals as specified above. RFP’s submitted via fax machine, telephone, and/or e-mail, in response to this Request for Proposals will not be acceptable. MANDATORY SITE VISIT : Prospective contractors and/or contractor representatives are required to visit the site of the project and apprise themselves of all conditions which will affect the performance of the work called for, or reasonably implied by this Request for Proposals. This mandatory pre-proposal conference begins promptly at 10:30 AM, Thursday, April 25, 2013. The meeting will be held at the Energy Production and Infrastructure Center (EPIC), in room 1332 on the first floor. Directions and Parking for the EPIC Building can be found at: http://epic.uncc.edu/directions . A campus map is available at: http://www.uncc.edu/directions/. Contractors are strongly encouraged to arrive early because parking on campus is difficult to obtain and late attendees will not be allowed access to the meeting nor will they be allowed to submit a bid. All parties must remain for the entire meeting. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent contractor would recognize as affecting the performance of the work called for in this Request for Proposals. Contractors are cautioned that any information released to attendees during site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be considered to be a part of this RFP document. Contractors bidding otherwise do so at their own risk. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN REJECTION OF YOUR BID Direct ALL inquiries concerning this RFP to: Leigh Murray, Purchasing Agent [email protected]

Transcript of ATM for Football Stadium 2013 - University of North ... · TITLE: ATM for New Football Stadium...

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University of North Carolina at Charlotte REQUEST FOR PROPOSAL S RFP # 130108-RD

TITLE: ATM for New Football Stadium

USING DEPARTMENT: Auxiliary Services ISSUE DATE: April 15, 2013 CLOSING DATE: 2:00 PM, May 2, 2013 (Mandatory Site Visit: April 25, 2013) ISSUING AGENCY: UNC Charlotte Purchasing Office, Materials Management Department Sealed Proposals subject to the conditions made a part hereof will be received until 2:00 PM, May 2, 2013, for furnishing services described herein. Proposals are subject to rejection unless submitted on the form(s) provided. SEND ALL PROPOSALS DIRECTLY TO THE ADDRESS SHOWN BELOW:

RFP # 130108-RD UNC Charlotte Purchasing Office, Reese Bldg., 3rd Floor 9201 University City Blvd Charlotte, NC 28223

IMPORTANT NOTE: Indicate firm name and RFP number on the front of your sealed proposal package, along with the closing date for receipt of proposals as specified above. RFP’s submitted via fax machine, telephone, and/or e-mail, in response to this Request for Proposals will not be acceptable.

MANDATORY SITE VISIT: Prospective contractors and/or contractor representatives are required to visit the site of the project and apprise themselves of all conditions which will affect the performance of the work called for, or reasonably implied by this Request for Proposals. This mandatory pre-proposal conference begins promptly at 10:30 AM, Thursday, April 25, 2013. The meeting will be held at the Energy Production and Infrastructure Center (EPIC), in room 1332 on the first floor. Directions and Parking for the EPIC Building can be found at: http://epic.uncc.edu/directions. A campus map is available at: http://www.uncc.edu/directions/. Contractors are strongly encouraged to arrive early because parking on campus is difficult to obtain and late attendees will not be allowed access to the meeting nor will they be allowed to submit a bid. All parties must remain for the entire meeting. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent contractor would recognize as affecting the performance of the work called for in this Request for Proposals. Contractors are cautioned that any information released to attendees during site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be considered to be a part of this RFP document. Contractors bidding otherwise do so at their own risk.

FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN REJECTION OF YOUR BID

Direct ALL inquiries concerning this RFP to: Leigh Murray, Purchasing Agent [email protected]

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The Proposal Process The University of North Carolina at Charlotte, hereinafter to be referred to as the ‘University’ or ‘UNC Charlotte’, invites vendors, hereafter referred to as ‘Contractor’ or ‘Offeror’, to submit responses to this Request for Proposals (RFP) in accordance with the terms, conditions, and specifications that are included herein.

The following is a general description of the process by which a firm will be selected to provide this service.

1. Request for Proposals (RFP) is issued.

2. A pre-proposal conference and/or deadline for written questions is set.

3. Proposal Submissions -- one (1) original and one (1) electronic version on a flash drive or CD, along with any required samples -- will be received from each offeror in a sealed envelope or package. The proposal shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. Faxed or emailed proposals will not be considered.

4. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.

5. At that date and time the package containing the proposals from each responding firm will be opened publicly and the name of the offeror will be announced. Interested parties are cautioned that the proposals and their components are subject to further evaluation for completeness and will not be made public until after award of contract.

6. At their option, the evaluators may request oral presentations or discussion with any or all offerors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Contractors are cautioned that the University is not obligated to ask for, nor accept, after the closing date for receipt of proposals, data which is essential for a complete and thorough evaluation of the proposal. The University may award a contract based on initial offers received without the discussion of such offers. Accordingly, each initial proposal should be submitted on the most favorable and complete pricing and technical terms possible.

7. Proposals will be evaluated according to completeness, content, and experience with similar projects, ability of the offeror and its staff, and cost. Award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous to the University.

8. Offerors are cautioned that this is a request for offers, not a request to contract, and this solicitation does not commit The University of North Carolina at Charlotte or the State of North Carolina to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for the articles of goods or services. The University reserves the right to accept or reject any or all proposals received as a result of this request and to cancel in part or in its entirety this request for proposals, if it is in the best interest of the University to do so.

Prohibited Communications: FROM THE ISSUANCE DATE OF THIS RFP THROUGH THE DATE THE CONTRACT IS AWARDED, EACH OFFEROR (INCLUDING ITS SUBCONTRACTORS AND/OR SUPPLIERS) IS PROHIBITED FROM HAVING ANY COMMUNICATIONS WITH A PERSON AT THE UNIVERSITY CONNECTED TO THIS SOLICITATION DISCUSSING THE CONTENT OF OFFEROR’S PROPOSAL OR QUALIFICATIONS, THE CONTENTS OF ANOTHER OFFEROR’S PROPOSAL, ANOTHER OFFEROR’S QUALIFICATIONS OR ABILITY TO PERFORM THE CONTRACT, AND/OR THE TRANSMITTAL OF ANY OTHER COMMUNICATION OF INFORMATION THAT HAS THE EFFECT OF DIRECTLY OR INDIRECTLY INFLUENCING THE EVALUATION OF PROPOSALS AND/OR THE AWARD OF THE CONTRACT. OFFERORS NOT IN COMPLIANCE WITH THIS PROVISION SHALL BE DISQUALIFIED FROM CONTRACT AWARD, UNLESS IT IS DETERMINED THAT THE BEST INTEREST OF THE STATE WOULD NOT BE SERVED BY THE DISQUALIFICATION. AN OFFEROR’S PROPOSAL MAY BE DISQUALIFIED IF ITS SUBCONTRACTORS OR SUPPLIERS ENGAGE IN ANY OF THE FOREGOING COMMUNICATIONS DURING THE TIME THAT THE PROCUREMENT IS ACTIVE (I.E., THE ISSUANCE DATE OF THE PROCUREMENT TO THE DATE OF CONTRACT AWARD). ONLY THE DISCUSSIONS, COMMUNICATIONS OR TRANSMITTALS OF INFORMATION AUTHORIZED IN THIS RFP OR GENERAL INQUIRIES TO THE PURCHASING AGENT REGARDING THE STATUS OF THE CONTRACT AWARD ARE EXEMPT FROM THIS PROVISION. ALL COMMUNICATION DURING THE PROCUREMENT PROCESS MUST BE DIRECTED TO THE PURCHASING AGENT LISTED ON THE FIRST PAGE OF THIS DOCUMENT.

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GENERAL INSTRUCTIONS FOR SUBMITTING PROPOSALS

1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be

controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting from this solicitation. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.

2. CERTIFICATION: By executing the proposal, the signer certifies that this proposal is submitted competitively

and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

3. ORAL EXPLANATIONS: The University shall not be bound by oral explanations or instructions given at any

time during the competitive process or after award. 4. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be

evaluated; reference to information previously submitted shall not be evaluated. 5. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that

necessary to present a complete and effective proposal are not desired.

6. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the offerors' sole responsibility; the University will not reimburse any offeror for any costs incurred prior to award.

7. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a

period of 45 days. Although the contract is expected to be awarded prior to that time, the 45 day period is requested to allow for unforeseen delays.

8. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no

binding force or effect. 9. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the offeror agrees not to discuss or

otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Offerors not in compliance with this provision may be disqualified, at the option of the University, from contract award. Only discussions authorized by the issuing agency are exempt from this provision.

10. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference

to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors shall become the property of the University when received.

11. OFFEROR’S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and

telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal.

12. SUBCONTRACTING: Offerors may propose to subcontract portions of the work provided that their proposals

clearly indicate what work they plan to subcontract and to whom and that all information required about the prime contractor is also included for each proposed subcontractor.

13. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror does not wish

disclosed to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal which is to remain

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confidential shall also be so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law.

14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order

#150, the University invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

15. PROTEST PROCEDURES: When an offeror wants to protest a contract awarded by the University resulting

from this solicitation, they must submit a written request to the Director of Materials Management, UNC Charlotte, 9201 University City Blvd, Charlotte, NC, 28223. This request must be received within thirty (30) consecutive calendar days from the date of the contract award. Protest letters must contain specific reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Contract status and Award notices are posted on the Internet at http://www.doa.state.nc.us/pandc/. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. (See Protest Information at http://www.doa.state.nc.us/PandC/protests.pdf for more information.)

16. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System. Online registration and other purchasing information are available on our Internet web site: http://www.doa.state.nc.us/pandc/.

17. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states

from applying in-state preferences against North Carolina’s resident offerors. The “Principal Place of Business” is defined as the principal place from which the trade or business of the offeror is directed or managed.

18. Questions Concerning the RFP – All questions or requests for clarification or interpretation of this RFP and its associated documents shall be identified by UNC Charlotte’s RFP number and must be received in writing via e-mail. All questions are to be directed to the Purchasing Agent listed on the first page of this document and must be received by the stated deadline.

All responses to these questions will be in the form of an addendum to be shared equally with all offerors, as appropriate. UNC Charlotte will not be responsible for oral instructions.

19. Execution - An official authorized to bind the company must sign the Proposal Response. Failure to sign under the EXECUTION section will render proposal invalid.

20. Obligations of The University of North Carolina at Charlotte – Neither the transmission of this RFP to a prospective offeror nor the acceptance of a reply should imply any obligation or commitment on the part of UNC Charlotte. Specifically, there will be no obligations to pay for proposal preparation work, site visits, pre-project work or any obligation to enter into a contract or agreement. UNC Charlotte reserves the right to accept or reject any offer submitted.

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THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE REQUEST FOR PROPOSAL # 130108-RD ATM for New Football Stadium

1) BACKGROUND The University of North Carolina at Charlotte was established in 1965 by the North Carolina General Assembly which transformed Charlotte College, with beginnings in 1946, into a campus of The University of North Carolina. It is organized into the following seven colleges: College of Arts & Architecture, College of Liberal Arts & Sciences, College of Business, College of Education, College of Engineering, College of Health and Human Services, and the College of Computing and Informatics. It offers a broad array of degree programs at the undergraduate, graduate, and doctoral levels and also in graduate certificate programs Fall 2012 enrollment was 26,232 with 20% of the students pursuing graduate degrees. The University is growing at a rate of 3-4% annually and is expected to eventually reach enrollment of 35,000 students. The university is expected to reach enrollment of thirty thousand students by the year 2020. Information about the recently updated campus master plan can be found at http://masterplan.uncc.edu/reports.

2) INVITATION The University of North Carolina at Charlotte, Office of Materials Management, is inviting Proposals for the installation and servicing of ATM machines at the Football Stadium located on the University campus.

3) OBJECTIVES UNC Charlotte (the University) invites prospective contractors to submit proposals to install maintain and operate Automated Teller Machines (ATM’s) in spaces provided in the Football Stadium (attachment 1) which will be accessible to all students, faculty, and visitors in Charlotte, North Carolina.

Football Stadium: A 15,000 seat stadium has been completed. It is slated to be expanded to approximately 40,000 seats by 2015. The football stadium includes a 98,000 square foot field, field house, and two practice fields. The team will play its first football game on August 31, 2013 as an FCS independent. The football program will move to Conference USA to the FBS in 2015. The 2013 inaugural season will feature six (6) home games at the new football stadium. To view the complete 2013 schedule click on this link http://www.nmnathletics.com/fls/23200/fball/13Fballsked.pdf.

The football stadium will have seven (7) food concession pods, two (2) merchandise stands, and up to fourteen (14) mobile carts equipped with up to eighty-five (85) point of sale registers that accept cash, debit and credit cards. Hawking of beverages and food products is also expected where cash will be the main tender accepted.

The University intends to have one (1) affixed front or rear loading unit in the ticket office which will be accessible 24/7 365 days and is adjacent to a tailgating parking lot that is designated for football seat license holders. The affixed ATM (attachment 2) is accessible from outside the stadium, visible from the adjacent main roadway and parking area, and conveniently located to the Hayes Baseball Stadium. The University also intends to have up to two (2) stand-alone mobile units inside the stadium to be used during games and events to be at the discretion of the University.

The successful contractor(s) will be granted a non-exclusive right to operate the ATM locations described in this RFP.

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It is the intent of The University to award this contract within 30 days after receipt of proposals. Installation of ATM shall be completed within 30 - 45 days from receipt of contract award. If this is not possible the offeror should provide in their bid proposal the timeline in which installation of their equipment can be completed. Campus maps can be found online at http://facilities.uncc.edu/design-services/campus-maps/campus-maps. Maps of specific facilities identified above are attached hereto and made a part of these specifications. Affixed ATM’s are required to be accessible 24 hours daily on a year round basis. While stand-alone ATM’s should also be designed to provide 24 hour service, the normal hours of accessibility to users fall within the 7AM to 10PM timeframe Monday through Thursday, 7AM to 6PM on Friday, and 7AM to 5PM Saturday (subject to summer, seasonal, and holiday schedules). Mobile stand-alone ATM’s are also required to provide 24 hour service; these ATM’s must be in place and functional for use at least 48 hours before a game or event and may be removed on the next business day after a game or event.

4) CONTRACT TERM AND RATE MINIMUMS The term of the respective agreements generated from this solicitation will be as follows: Stand-alone ATM units will be executed via University contracts which begin from the time of the award and continue for a period of three (3) years. An option for two (2), three (3) year renewal periods under the same terms as the original contract will be provided. Affixed ATM units will be executed via State of North Carolina leases which begin from the time of the award and continue for a period of three (3) years. An option for two (2), three (3) year renewal periods under the same terms as the original contract will be provided. The monthly fee for any ATM listed will be included in this proposal. Although the bidders will provide a monthly fee for any ATM listed in the financial offer, the University reserves the right to negotiate with successful bidders on the final monthly fee paid based on the fee proposals for comparable locations by other successful bidders. A 5% annual fee increase effective on the anniversary date is to be applied for each of the two succeeding years for all ATM leases and contracts awarded.

5) SCOPE OF WORK – ATM’s Stand-alone ATM’s must be compact, not affixed, and measure approximately 2 feet wide by 4 feet deep by 6 feet tall. The contractor must provide their equipment dimensions with their bid proposal. These dimensions should be inclusive of any surround for marketing purpose. Offerors should be aware that due to Department of Insurance guidelines for hallway, foyer, and other egress dimensions, that equipment size will be considered by the University in the review process. Equipment must provide required clearances. They must also have appropriate security alarms. These units will remain the property of contractor at all times and shall not be construed as a fixture. Drawings must be supplied for any and all models of ATMs offered in your proposal, along with a specification sheet identifying all environmental and utility requirements for installation. Used equipment is acceptable. All stand-alone equipment must fit space provided both structurally and aesthetically. Mobile stand-alone ATM’s are units that the contractor can install and be ready for use at least 48 hours before a game or event. Mobile ATM’s may be removed by the contractor on the next business day or as required by the University. These units may be wired or wireless. The University will provide schedule of games and events in advance. The contractor shall have the obligation, upon termination of lease or agreement, to remove the stand-alone ATM placed on University premises within fifteen (15) days of termination. ATM provider shall at its sole

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expense, repair any damage to the premises caused by such removal. Upon termination of any lease or agreement arising from this bid process, the provider of ATM services shall vacate the premises and deliver up the premises to the University in the same condition that the premises are in at the time of installation of equipment or subsequent improvements, alterations or additions; reasonable wear and tear accepted. To facilitate the ATM installations, the University will provide:

Access to telephone/data communications link; 110V electrical circuit including the related electricity utilization; Janitorial service as is necessary to keep the areas adjacent to the ATM(s) in a clean and orderly

condition; Normal and customary security of the areas adjacent to the ATM(s) in keeping with campus wide

security services. Upon termination of any lease or contract arising from this bid and/or removal of the ATM, all conduit and electrical, computer, telephone, and other lines which serve the ATM will remain the property of the University. The University assumes no responsibility for security precautions or measures with respect to the ATM and will in no way be responsible for any loss, or damage to, or contents of same, except loss occasioned by negligence or willful act of the University or the University's agents, employees, and servants while serving within the scope of their employment. A student of UNC Charlotte does not constitute an agent, employee, or servant of the University.

1. The successful bidder will:

Be solely responsible for the oversight of the installation, and consistent maintenance and modernization of the specified equipment and all related expenses of such activities.

Install or place on the University premises, such equipment, furnishings, trade fixtures, and other personal property necessary to provide mutually agreed upon services.

Be the sole owner or lessee of the ATM and related equipment, and shall be in sole control of the nature and scope of the operation of the ATM.

Provide ATM equipment that meets the American with Disabilities Act (“ADA”) regulations (including approach height/reach requirements and accessibility for visually impaired).

Have the approval of all applicable federal, state, and local regulatory agencies governing or providing oversight to banking transactions, and may be required to obtain additional regulatory approvals as deemed necessary by the University.

Indemnify the State of North Carolina and the University from any and all liability arising out of a long or short-term use of the facilities, for whatever justifiable reason including its trustees, officers, employees and agents thereof.

Adhere to prevailing merchandising and advertising policies of the University.

2. The successful bidder will provide ATM equipment which will offer at least the following minimum

banking services:

Have a receipt option Have posted a 24-hour service number with procedures for reporting problems. Withdrawals and access to a minimum of three (3) major national networks (such as "Relay",

"Plus", “Honor”, “Interlink”) of the major North Carolina Banks and each of the following debit card networks: Visa, MasterCard and American Express. Additional network affiliations are encouraged.

A security camera with video accessible to University police personnel for resolution of issues as they arise with information as to web addressable IP capability of camera.

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Shall conduct all transactions in United States Currency and use twenty dollar ($20) bills as the primary denomination for withdrawals. The use of other denominations is encouraged (i.e., one ($1), five ($5) and ten dollar ($10) bills) but is not required.

The ability to take deposits (both cash and checks) from contractors’ own customers is desired.

Contractor should submit with bid proposal information regarding all other services available through its ATM’s. Modifications or upgrades to equipment/service must receive prior approval from the Associate Vice Chancellor for Business Affairs prior to implementation. 3. The successful bidder will at its sole cost and expense provide installation of:

Telephone and computer line carrier service and all other equipment (wiring, conduit, face plates, junction boxes, and other modifications necessary to tap into data/telephone communications link and dedicated electrical power);

Internal security measures to safeguard ATM transactions; Electronic means of determining the functionality of the ATM.

4. Bidders should submit proposals which include ATM utilization fee structure. 5. Contractor, its employees, independent contractors, and agents shall have access during normal

business hours for stand-alone ATM’s for the purpose of installing, maintaining, servicing, operating, and removing the ATM. The contractor must have the capacity to service the ATM(s) with sufficient frequency so that currency is not depleted, thereby shutting down the ATM. Use of armored car carriers, or other providers, which would carry weapons onto the UNC Charlotte Campus must meet NC state statutes and be approved in advance by UNC Charlotte per NC Session Law 2007-427. Armored car service company(s) with whom the Contractor may contract must be licensed and operate in full compliance with the Protective Services Act (NC State Statute 74 C). Successful bidders will be required to certify that the armored car service companies with whom the Contractor may contract fully comply with all NC statutes governing weapons on campus, and provide the same certification from the contracted armored car service company.

6. Contractor and the University will mutually agree upon the appearance, location, and all other

features and characteristics of the lines, facilities, and equipment serving the ATM. 7. If University premises are destroyed or damaged by wind, fire, smoke, rain, or other casualty or

vandalism, the University and financial institution providing ATM equipment shall cooperate to rebuild or repair the premises to a condition substantially equivalent to the condition thereof at the time of such destruction or damage. The cost of such rebuilding or repairing shall, to the extent that the same represents the cost of providing facilities substantially equivalent to the premises as of the commencement date of an agreement or lease, be paid by the University. The remainder of the cost of such rebuilding, repairing, or equipment replacement shall be paid by the ATM provider.

If the premises are destroyed by wind, fire, smoke, rain, or other casualty or vandalism or damaged by same to such an extent as to render impossible the use of same by the financial institution, University and financial institution shall each have the option to terminate any lease or agreement by giving written notice within ten (10) days of such destruction or damage.

No claim for damages may be made by either party of an agreement or lease as a result of interruption to the provision of the ATM provider's services resulting from civil or student unrest, disobedience, strike, or sabotage, or other “acts of God”, but both parties will employ diligent efforts to repair and resume services as quickly as possible.

It is understood that no claim will be made by the contractor(s) in the event that the University decides to temporarily suspend and close services due to the aforementioned style of disorder. It shall

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also be agreed the University has no responsibility for a utilities or mechanical breakdown which could cause a disruption or suspension of the ATM provider's services, but University agrees that it will use all reasonable efforts at its command to repair such a breakdown, in order to make possible a resumption of services as expeditiously as possible.

8. Proof of the required insurance must be provided to the Purchasing Agent responsible for this bid

within 10 (ten) days prior to the award of this bid. 9. Subject to University approval of the ATM, the contractor may place signs and other normal business

logos on the ATM only. All such signs or other logo placed on the premises will need to be pre-approved by the University prior to installation. All such materials will be deemed to be the personal property of the contractor and may be removed upon termination of the contract. The contractor will be responsible for any costs associated with installation and/or removal of related signage.

10. Either the University or the selected contractor(s) may terminate the lease/contract with a minimum

of 90 days’ written notice. The contractor must repair any damage, at its own expense, done to the walls or floor in the installation of the ATM initially.

11. If the ATM’s building experiences major renovations, the University retains the right to require the

financial institution to move the ATM to an accessible location as close to the original location at no cost to the University, without being in violation of the original agreement.

12. Awarded contractor must make arrangements for parking through the UNC Charlotte’s Parking and

Transportation Services Department. Fees for permitting and violations are the responsibility of the awarded contractor(s).

13. The University reserves the right to Contract with the bidder(s) making the best offer, with highest

fees being the major factor, but not necessarily the only factor. The University will make the assignment of the specific space to the successful bidder(s). The University reserves the right to reject any and all bids which do not meet its requirements.

14. Proposals must demonstrate a minimum of five (5) years’ experience in supplying the required

service to facilities similar in size and scope as those required herein. The University reserves the right to use reference checks in its evaluation of proposals. It is the contractor’s responsibility to provide valid reference information.

15. Installation must be completed within 30-45 days from receipt of contract award notification. 16. When requested by the University, the selected bidder will report on transactions for unit (not $)

volumes.

6) PROPOSAL CONTENTS It is imperative that your proposal be submitted according to the following instructions. All materials must be provided in the designated format(s); failure to do so may result in the removal of your proposal from consideration.

Responses must be in one (1) fully executed original and one (1) electronic version on a flash drive or CD, along with any required samples delivered to the address listed on the first page of this document. Each original must be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered.

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In order to be considered for award, proposal submissions must contain, at minimum, the following:

1. Executive Summary: The executive summary shall consist of the proposal cover letter highlighting the contents of this proposal, and bearing the authorized representative’s signature.

2. Corporate Background: Qualifications and evidence of financial soundness and viability as an

ongoing business concern. Proof of having been in business under the name of the company as indicated on the proposal for a minimum of five (5) years must be supplied with response. This section shall include background information on the organization’s qualifications to undertake this project, firm ownership, and the Offerors most recent audited financial statement or similar evidence of financial stability as an ongoing business concern.

3. Firm’s Strategy to meet project requirements and anticipated benefits.

4. A detailed Work Plan that includes but is not limited to: a list of major project milestones, timelines,

resources required (both by the Contractor and the University); documentation and project management methodology for:

Stand-alone ATM installation; Wireless/Cellular ATM installation; Affixed ATM installation (if applicable).

5. Contractors shall include the following service related information in their responses to this bid:

City/branch providing equipment service; Service provider and schedule for routine replenishment; Procedures for maintenance; Standard service response time; Service contact name for standard maintenance; Service contact name for emergency maintenance; Contact name for customer service issues; Contact information for account representative; Description of escalation process for customer service issues; Website or other pertinent points of contact and reference.

6. References that include contact information (names, titles, phone numbers and email addresses) for a

minimum of 3 clients where the bidder has performed similar work. Reference projects should closely reflect this project in scope. Higher education references are preferred but not required.

7. Examples of Documentation (final reports, recommendations, findings, etc.) from previously

completed successful projects similar in size and scope. This may include letters from contractors and clients indicating successful installation completion.

8. Contractor must provide in its proposal:

Distance from campus and location of Contractor’s two closest branch operations Distance from campus and location of Contractor’s two closest company owned and operated

ATM’s 9. Contractor must include in its proposal verifiable statistics showing:

Banking market share in Mecklenburg County, North Carolina; Banking market share in North Carolina; Banking market share in Southeast US; Banking market share in US;

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Total # of North Carolina State Employees currently served; Total # of company owned and operated ATM’s in North Carolina; Total # of company owned and operated ATM’s in Mecklenburg County, North Carolina.

10. Contractors may at their discretion offer additional services for the University’s consideration, but

these services should be provided separate from those services requested, that is they should not be a prerequisite or required for provision of those services requested. An example might include the provision of mobile ATM units at special University events.

11. Contractor should provide information (similar installation, etc.) outlining any experience providing

mobile or temporary ATM services. 12. Bidders should submit proposals which include ATM utilization fee structure including answers to

the following:

Are fees charged for ATM transactions for customers who have an account at the bank providing ATM services? If so, please provide detail. Please provide any current fee amounts. Please indicate if an increase in fees is anticipated within the next year, if so what the new fee will be.

Are fees (surcharges) charged for ATM transactions for customers who do not have an account at the bank providing ATM services? If so, please provide detail. Please provide any current fee (surcharge) amounts. Please indicate if an increase in fees (surcharges) is anticipated within the next year if so what the new fees (surcharges) will be. Please indicate if “non-customers” are warned of any fees before the transaction goes through and given the opportunity cancel the transaction.

Please indicate if your financial institution charges your customer foreign ATM fees, i.e. fees for using ATMs belonging to another financial institution, and if so how much.

7) EVALUATION and SELECTION UNC Charlotte has established a committee, which will evaluate all submissions and supporting data on the basis of responses to 1 through 4 in Section 9 below.

The committee will rank in numerical order the two or three most qualified firms (the finalists) using the selection criterion below. These rankings shall be based upon the written evaluation of the committee. Evaluation of each proposal relative to the others shall be given due consideration according to the following selection criteria for a total of 100 points maximum.

1. Executive Summary/Experience/References: Years in business including mergers/acquisitions Size of organization detailing resources available Resume of proposed principal project manager Overview of company experience with relevant projects and related work including a description

of three (3) similar projects (University or business of comparable size and complexity) successfully completed in the past five years in sufficient detail to allow adequate evaluation by University, to include letters of recommendation on respective company’s letterhead.

Firm’s qualifications including company literature and attachments (contractor newsletters, published articles concerning company/staff/equipment, sample reports, press releases, etc.)

Relationship through sponsorship and merchandising arrangements, both currently in place and planned for the future

Experience providing mobile or temporary ATM operations. 2. Customer and market share, ATM operations, and local branch information

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3. Project Organization and Services:

Detailed organizational plan, including timeline for meeting all requirements involved with the scope of this project;

Organizational chart including staff qualifications/credentials (resumes), etc.; Maintenance and servicing plan; Program and services offered.

4. Project Costs/Fees: Cost of services with details as to the breakdown of all costs including all fees and other charges; The monthly fee paid to the University; User fees charged to customers and non-customers; Quality and features of equipment and services provided and/or options offered.

8) EVALUATION CRITERIA UNC Charlotte has established a committee which will evaluate all submissions and supporting documentation provided. Evaluation of each proposal relative to the others shall be given due consideration according to the following selection criteria below.

At the University’s option, the evaluators may request oral presentations or discussion with any or all Offerors for the purpose of clarification or to define the materials presented in any part of the proposal. The University may award a contract based on initial offers received without the discussion of such offers. Accordingly, each initial proposal should be submitted on the most favorable and complete pricing and technical terms possible.

Proposals received will be evaluated under the provisions of a ‘Best Value’ procurement. Best Value procurement means the selection of a contractor is based on a determination of which proposal offers the best trade-off between price and performance, where quality is considered an integral performance factor. The award decision will be made based on multiple factors including, but not limited to, overall cost and the probability of performing the stated requirements on time with high quality results. Therefore, the lowest price offered does not guarantee an award.

Proposals will be evaluated according to completeness, content, and experience with similar projects, ability of the Offeror and its staff, and cost. Award of a contract to one Offeror does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed to provide the best value to The University of North Carolina at Charlotte. Evaluation of each proposal relative to the others shall be given due consideration to:

1. Executive Summary/Experience/References/Background 20%

2. Project Organization and Services 25%

3. Customer and Market Share Information 25%

4. Fees 30%

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Attachment 1

Is accessible from outside the stadium, visible from the adjacent main roadway and parking area, and conveniently located to the Hayes Baseball Stadium.

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Attachment 2

Image of Affixed ATM at Ticket Booth

Accessible 24/7 365 days

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EXECUTION OF PROPOSAL By submitting this proposal, the potential contractor certifies the following: This proposal is signed by an authorized representative of the firm. It can obtain insurance certificates as required within 10 calendar days after notice of award. The cost and availability of all equipment, materials, and supplies associated with performing the services described herein have been determined and included in the proposed cost. All labor costs, direct and indirect, have been determined and included in the proposed cost. The potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions. N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. OFFEROR: __________________________________________________________ ADDRESS: __________________________________________________________ CITY, STATE, ZIP: ____________________________________________________ TELEPHONE NUMBER: _____________________ FAX: _____________________ FEDERAL EMPLOYER IDENTIFICATION NUMBER: _________________________ E-MAIL: _____________________________________________________________ Principal Place of Business if different from above (See General Information on Submitting Proposals, Item 18.): ____________________________________________________________________ Will any of the work under this contract be performed outside the United States? Yes No (If yes, describe in technical proposal.) BY: _________________________________ TITLE: _________________________DATE: __________________ (Signature) __________________________________ (Typed or printed name) ********************************************************************************************************* ACCEPTANCE OF PROPOSAL FOR UNC CHARLOTTE BY: __________________________________ TITLE: ________________________ DATE: _________________

THIS PAGE MUST BE SIGNED AND INCLUDED IN YOUR PROPOSAL.

Unsigned proposals will not be considered.

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SERVICE LOCATIONS

In accordance with NC General Statute 143-59.4 (Session Law 2005-169), this form is to be completed and submitted with the offeror’s proposal.

Issuing Agency: UNC CHARLOTTE Solicitation RFP number: 130108-RD

Type of Services: ATM for Football Stadium

_____________________________________________________________________________

OFFEROR: ___________________________________________ City & State: __________________________________________

Location(s) from which services will be performed by the contractor: Service City/Province/State Country _____________________________ _________________ _______ _____________________________ _________________ _______ _____________________________ _________________ _______ Location(s) from which services are anticipated to be performed outside the U.S. by the contractor: _____________________________ _________________ ________ _____________________________ _________________ ________ Location(s) from which services will be performed by subcontractor(s): Service Subcontractor City/Province/State Country _____________________________ ___________ _________________ ______ _____________________________ ___________ _________________ ______ _____________________________ ___________ _________________ ______ Location(s) from which services are anticipated to be performed outside the U.S. by the subcontractor(s): _____________________________ ___________ _________________ ______ _____________________________ ___________ _________________ ______

(Attach additional pages if necessary.)

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Financial Offer (ATM Services)

________________________________ Company Name

1. Monthly fee to be paid to the University by location:

Location Model

of ATM(s) Monthly Fee

Football Stadium (by ticket office)

Affixed

Football Stadium (all Charlotte 49er Football games and

events as determined by University)

Stand-alone (mobile unit)

Football Stadium (all Charlotte 49er Football games and

events as determined by the University)

Stand-alone (mobile unit)

2. Contractor may offer other considerations and enhancements as part of their offer, but the

associated dollar value of any items offered must be indicated. Contractor should list here any additional services, discounts, enhancements or financial considerations offered. Any enhancements offered must be accompanied by a specific dollar value. Detailed description should be included within the proposal but all offerings should be listed here. Attach additional sheet(s) if necessary.

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University of North Carolina at Charlotte Vendor Information Form (aka Taxpayer Information Form)

PAYMENTS WILL NOT BE RELEASED UNTIL THIS FORM IS COMPLETED AND RETURNED.

We are required by federal law to obtain this information for each person to whom the University makes a payment. Failure to provide this information may result in payments being subject to 28% backup withholding and penalties imposed by the IRS. Once the form is completed, fax to 704-687-6514, or mail to UNC Charlotte, Travel & Complex Payments, 9201 University City Blvd, Reese Building, 3rd Floor, Charlotte, NC 28223. THIS FORM IS FOR U.S. PERSONS ONLY. A resident alien is considered a US person for tax purposes. If you are a foreign person, complete Vendor Information Form - Foreign Persons (Form W-8BEN) and the Foreign National Information Form - Visitor Version (http://finance.uncc.edu/forms/travel-complex-payments). For questions regarding any of these forms, please contact [email protected] or 704-687-5764.

UNC Charlotte Contact (Name, Department, Phone Number):

Part 1: TAX STATUS (complete the section that applies) US Individuals: (Form 1099 reportable) (Individuals are not a "doing business as", a company name, or alternative) Individual Name (as shown on your tax return):

Individual Social Security Number:

US Sole Proprietor: (Form 1099 reportable) (A sole proprietorship may have a "doing business as" trade name, but the legal name is the business owner). If you supplied your personal SSN as the Tax ID, you must provide your name as it is issued with your SSN. If you provided an EIN provided to you by the IRS for your business, you must provide the legal business name registered for EIN. Business Owner's Name (as shown on your tax return):

Business Owner's Social Security Number:

Business or Trade Name:

Business EIN: US Partnership, Limited Liability Partnership, Limited Liability Company or Trust, etc.: (Form 1099 reportable) (Non-corporations) Name of Partnership/Company Name (as shown on your tax return):

Partnership's/Company's Employer Identification Number: US Corporation (must be a "C" or "S" corporation only), Exempt organization, or Federal, State or Local Government Agency: Name of Corporation or Entity (as shown on your tax return):

Employer identification Number: Required: Check the correct status below. If a status is not selected, a 1099 will be issued regardless of status. Corporation, not medical, healthcare or legal service provider Corporation, medical, healthcare or legal services (all 1099 reportable) Tax exempt organization under 501(a), or IRA The United States or any of its agencies or instrumentalities A state, the District of Columbia, a possession of the United States, or any of their political subdivisions A foreign government or any of its political subdivisions located in the U.S. or U.S. Territories

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Part 2: ADDRESS Order Address Payment Remittance (Remit to) Address Address Line 1:

Address Line 2:

City, State, Zip Code:

Country:

Phone Number:

Fax Number:

Email Address:

Contact Person's Name:

Part 3: OTHER INFORMATION Business Classification (Check all that apply)

Asian American African American Hispanic American Disable Owned American Indian Women Owned

UNC Charlotte Payment Terms : Does your company accept Purchase Orders electronically? Net 30 If so, please provide your preferred method.

Part 4: CERTIFICATION Signature (NOT a typed name) is required.

Under penalties of perjury, I certify that (1) the number shown above is my correct taxpayer identification number; (2) I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the IRS that I am subject to backup withholding; (3) I am a US person (including a US Resident Alien); and (4) the information provided is complete and accurate as of this date.

Signature: Date:

Printed Name:

AP010 - Vendor Information Form Last Revised: 06/17/11

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NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS 1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 2. SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined 3. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the University. 4. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the University’s Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor’s proposal. 5. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be subcontracted without prior written approval of the University’s Contract Administrator. Acceptance of an offeror’s proposal shall include any subcontractor(s) specified therein. 6. PERFORMANCE AND DEFAULT: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the University shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the University, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the University for damages sustained by the University by virtue of any breach of this agreement, and the University may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the University from such breach can be determined. In case of default by the Contractor, the State may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The State reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the State. In addition, in the event of default by the Contractor under this contract, the State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the State has with the Contractor, and de-bar the Contractor from doing future business with the State Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the State may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the State, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 7. TERMINATION: The University may terminate this agreement at any time by 30 days notice in writing from the University to the Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the University, become its property. If the contract is terminated by the University as provided herein, the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made. 8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice(s) or acceptance of services, whichever is later, or in accordance with any special payment schedule identified in this RFP. The University is responsible for all payments to the contractor under the contract. Payment may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor. 9. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the University for the purpose set forth in this agreement.

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10. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the University. 11. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse the State for loss of damage of such property. 12. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Contractor. 13. ACCESS TO PERSONS AND RECORDS: The State Auditor and the University’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

14. ASSIGNMENT: No assignment of the Contractor’s obligations nor the Contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the State may: a. Forward the contractor’s payment check(s) directly to any person or entity designated by the Contractor, or b. Include any person or entity designated by Contractor as a joint payee on the Contractor’s payment check(s). In no event shall such approval and action obligate the State to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. 15. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 16. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability. 17. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of Contractor’s employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability. c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. 18. ADVERTISING: The offeror shall not use the award of a contract as part of any news release or commercial advertising.

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19. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This Request for Proposals, any addenda thereto, and the offeror’s proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 20. AMENDMENTS: This contract may be amended only by written amendments duly executed by the University and the Contractor. 21. TAXES: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the proposal document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.

22. GENERAL INDEMNITY: The contractor shall hold and save the University, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the contractor provided that the contractor is notified in writing within 30 days that the University has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the University’s agents who are involved in the delivery or processing of contractor goods to the University. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

23. OUTSOURCING: Any vendor or subcontractor providing call or contact center services to the State of North Carolina shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to outsource any portion of the work to a location outside the United States, prior written approval must be obtained from the University. Vendor must give notice to the University of any relocation of the vendor, employees of the vendor, subcontractors of the vendor, or other persons performing services under a state contract outside of the United States.

24. BY EXECUTIVE ORDER 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor’s Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who:

(1) have a contract with a governmental University; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a contract in the future.

For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. Sec. 133-32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24.”

Revised 10/25/2010