competitive solicitation required documents...
TRANSCRIPT
Form: PS025 Create date: 11/15/2007 Revised Date: 02/13/2009
Florida International University Purchasing Services
Modesto A. Maidique Campus CSC – 410
Miami, Florida 33199 (305) 348- 2161
(305) 348-3600 Fax http://finance.fiu.edu/purchasing/
Competitive Solicitation Required Documents Checklist
NOTE: IT IS THE SOLE RESPONSIBILITY OF THE VENDOR TO INCLUDE ALL APPROPRIATE DOCUMENTS ALONG WITH THEIR RESPONSE. FAILURE TO SUBMIT ALL REQUIRED DOCUMENTS WILL RESULT IN SOLICITATION RESPONSE BEING DEEMED AS NON-RESPONSIVE. LISTED BELOW ARE THE MOST COMMON AREAS OF MISTAKES MADE BY VENDORS. PLEASE CHECK YOUR RESPONSE CLOSELY PRIOR TO SUBMITTAL BY UTILIZING THIS SELF-CHECKLIST FORM. Please check all that apply:
Completed and signed Competitive Solicitation Cover Page
Check FIU Purchasing Website for Addenda(um) at http://finance.fiu.edu/purchasing/ prior to submission of Response
Sign and attach all Addenda(um), to your response, prior to submission of Response
Cost/Price Sheet, if applicable
Appendix I
Appendix II
Appendix IV
Requested references
Certificate of Insurance or statement of insurance capability from your insurance carrier on their letterhead
SUBMIT RESPONSE TO:
FLORIDA INTERNATIONAL UNIVERSITY
PURCHASING SERVICES MODESTO A. MAIDIQUE CAMPUS
11200 SW 8th Street CAMPUS SUPPORT COMPLEX – CSC 411
MIAMI, FL 33199 (305) 348-2161
COMPETITIVE SOLICITATION DOCUMENT
(“Solicitation”)
RFP No.______________
ITB No.______________
ITN No.___01-006______
RESPONSE OPENING (Date and Time): 11/22/2010 at 10:00am EST SOLICITATION TITLE: On-Campus Retail Banking Services
Please refer to the above address for Response opening location
POSTING OF BID TABULATION AND NOTICES The bid tabulation and notices of a decision or intended decision and recommended award related to this Competitive Solicitation will be posted at the Florida International University Purchasing website- http://finance.fiu.edu/purchasing and will remain posted for a period of 72 hours. Failure to file a protest in accordance with Florida Board of Governors’ (“BOG”) regulation 18.002, or failure to post the bond or other security as required in BOG regulations 18.002 and 18.003, shall constitute a waiver of protest proceedings.
PURCHASING REPRESENTATIVE Kenia Durañona, Assistant Director of Purchasing Services
VENDOR’S LEGAL NAME
VENDOR’S MAILING ADDRESS
VENDOR WEB ADDRESS
VENDOR E-MAIL ADDRESS
VENDOR FACSIMILE
VENDOR TELEPHONE NUMBER
VENDOR TOLL FREE NUMBER
By signing this document, I certify that this solicitation response (“response”) is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a response for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this competitive solicitation and certify that I am authorized to sign this solicitation response for the Vendor and that the Vendor is in compliance with all requirements of the competitive solicitation, including but not limited to, certification requirements. In submitting a solicitation response to the University, the Vendor offers and agrees that if the solicitation response is accepted, the Vendor will convey, sell, assign, or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the University tenders final payment to the Vendor.
AUTHORIZED SIGNATURE (MANUAL)
PRINT NAME AND TITLE
DATE SIGNED
If Vendor is not submitting a solicitation response, Vendor should respond by returning this solicitation document and marking it "NO RESPONSE".
October 27, 2010
FLORIDA INTERNATIONAL UNIVERSITY
COMPETITIVE SOLICITATION NUMBER: ITN 01-006
FOR
ON-CAMPUS RETAIL BANKING SERVICES
October 27, 2010
TABLE OF CONTENTS
1.0 OVERVIEW ....................................................................................................................... 1
1.1 Statement of Objective ..................................................................................................... 1
1.2 Calendar of Events ........................................................................................................... 1
1.3 Scope of Work and Deliverables ...................................................................................... 2
1.4 Solicitation Response ....................................................................................................... 2
1.5 Evaluation Points .............................................................................................................. 5
1.6 Definitions ........................................................................................................................ 6
1.7 FIU Environment.............................................................................................................. 7
2.0 PROCESS ........................................................................................................................... 9
2.1 Authorized FIU Representative/ Vendor’s Submission of Solicitation Response ........... 9
2.2 Vendor Communications and/or Inquiries ..................................................................... 10
2.3 Restricted Vendor Communications .............................................................................. 10
2.4 Addenda ......................................................................................................................... 10
2.5 Protests ........................................................................................................................... 11
2.6 Delivery and Labeling of Sealed Solicitation Response ................................................ 11
2.7 Required Solicitation Response Format ......................................................................... 12
2.8 Economy of Presentation ............................................................................................... 12
2.9 Solicitation Responses Must be in Ink or Typed ............................................................ 12
2.10 Vendor’s Signature ..................................................................................................... 12
2.11 Complete Responses Required ................................................................................... 12
2.12 Use of Forms .............................................................................................................. 12
2.13 Errors or Omissions .................................................................................................... 12
2.14 Solicitation Response Validity Period ........................................................................ 13
2.15 Solicitation Response Opening ................................................................................... 13
3.0 SELECTION PROCESS, EVALUATION PROCESS AND CRITERIA ................. 13
3.1 Selection process ............................................................................................................ 13
3.2 Cash Discounts ............................................................................................................... 14
3.3 Contract Award .............................................................................................................. 14
3.4 Posting of Intent to Award/Protest ................................................................................. 15
3.5 Commencement of Work ............................................................................................... 15
3.6 Alternate Brands or Equivalent Products ....................................................................... 15
4.0 SPECIFICATIONS FOR ON-CAMPUS RETAIL BANKING SERVICES ............. 16
4.1 Vendor Information ........................................................................................................ 16
October 27, 2010
4.2 Location .......................................................................................................................... 18
4.3 Services and Fees ........................................................................................................... 20
4.4 Operational Plan and Approach ..................................................................................... 21
4.5 Marketing Plan and Approach ........................................................................................ 22
4.6 Financial Support ........................................................................................................... 24
4.7 Standard Financial Reports ............................................................................................ 25
4.8 Annual Operational Plan ................................................................................................ 26
4.9 Semi-Annual Marketing Presentation ............................................................................ 26
4.10 Customer Service ........................................................................................................ 27
4.11 Personnel .................................................................................................................... 28
4.12 Facilities and Equipment ............................................................................................ 29
4.13 Safety and Health........................................................................................................ 30
4.14 Utility Services ........................................................................................................... 31
4.15 Security and Illegal Acts ............................................................................................. 31
4.16 Capital Investment ...................................................................................................... 31
4.17 Other ........................................................................................................................... 32
5.0 SPECIFICATIONS FOR INTEGRATION WITH PANTHERCARD ...................... 32
5.1 PantherCARD ................................................................................................................. 33
6.0 GENERAL TERMS ........................................................................................................ 35
6.1 Insurance ........................................................................................................................ 35
6.2 Workers’ Compensation ................................................................................................. 37
6.3 Safety .............................................................................................................................. 37
6.4 Compliance With Laws and Regulations ....................................................................... 37
6.5 Parking ........................................................................................................................... 37
6.6 Public Entity Crimes ...................................................................................................... 38
6.7 Waiver of Rights and Breaches ...................................................................................... 38
6.8 Conflict of Interest ......................................................................................................... 38
6.9 Covenant Against Commissions, or Brokerage and Contingent Fees ........................... 38
6.10 Disposition of Solicitation Responses ........................................................................ 39
6.11 Licensing Requirements ............................................................................................. 39
6.12 Subcontractors ............................................................................................................ 39
6.13 Small Business Minority Enterprise (SMBE) Reporting ........................................... 40
6.14 Equal Opportunity Statement ..................................................................................... 40
October 27, 2010
6.15 Vendor’s Employment of Unauthorized Aliens ......................................................... 41
APPENDIX I ............................................................................................................................... 42
APPENDIX II .............................................................................................................................. 48
APPENDIX III ............................................................................................................................ 51
APPENDIX IV ............................................................................................................................ 59
EXHIBIT “A” ............................................................................................................................. 60
EXHIBIT “B” .............................................................................................................................. 61
EXHIBIT “C” ............................................................................................................................. 62
EXHIBIT “D” ............................................................................................................................. 63
EXHIBIT “E” .............................................................................................................................. 64
EXHIBIT “F” .............................................................................................................................. 69
EXHIBIT “G” ............................................................................................................................. 93
EXHIBIT “H” ............................................................................................................................. 99
1 October 27, 2010
1.0 OVERVIEW
1.1 Statement of Objective
This is a competitive solicitation for on-campus retail banking services to enable the Florida International University Board of Trustees (“FIU”) to enter into an agreement with a Successful Vendor for the operation of a retail bank to be located on the Modesto A. Maidique Campus (“MMC”), and provide on-campus retail banking services to the University Community, integrating with the University’s PantherCARD system. The Successful Vendor should also develop a retail banking solution for the Biscayne Bay Campus (“BBC”).
Our vision is that the PantherCARD become the one card the University Community must have, and wants to have, to function on and off campus, and for life. Along with all of the functions related to campus life, we envision the PantherCARD as the cardholder’s primary bank card. We expect ingenuity from Vendors when identifying all retail bank services offered to FIU students, faculty and staff, as well as alumni and affiliate members. FIU expects to see proposed retail banking services uniquely designed for our University Community, consistent with the cutting edge technology our community has come to expect.
The initial term of the agreement will be for five (5) years, and FIU will have the option to renew the agreement for one five (5) year period. Renewals are not automatic. Successful Vendor’s performance is expected to begin in Fall 2011.
1.2 Calendar of Events
Unless otherwise revised by an Addendum to this competitive solicitation, the dates and times by which stated actions will be taken or completed are listed below. If FIU determines, in its sole discretion, that it is necessary to change any of these dates and times, it will issue an Addendum to this competitive solicitation which will be posted on the Website. All times listed are Eastern Standard Time (EST).
Date/Time Action October 27, 2010 Competitive solicitation advertised and released.
November 8, 2010
MANDATORY Pre-proposal Conference to be held at the following place and time: Florida International University, Modesto A. Maidique Campus, Barnes & Noble Café, 2nd Floor, 11200 S.W. 8th Street, Miami, Florida 33199 on November 8, 2010 at 10:00 a.m.
November 10, 2010
Last Day for FIU to receive communications and/or inquiries from Vendors regarding the competitive solicitation via email to [email protected] (“Inquiry Deadline Date”).
2 October 27, 2010
November 12, 2010
FIU will respond to inquiries and requests for clarifications by posting an Addendum on the Website.
November 22, 2010
Deadline for FIU to receive solicitation responses from Vendors at 10:00 a.m. (“Solicitation Response Due Date”) and solicitation response opening at 10:00 a.m. (Note: Any solicitation responses received after the Solicitation Response Due Date and time shall be deemed non-responsive.)
The Purchasing Department will post notice of changes to any of the above dates, and will provide advance notice of any pre-proposal meetings and evaluation committee meetings related to this competitive solicitation by posting the information on the FIU Purchasing Services Department’s Website at http://finance.fiu.edu/purchasing (“the Website”). Vendor is solely responsible for checking the Website periodically in order to verify whether any changes have been made to the Calendar or whether any meetings are scheduled to take place. FIU reserves the sole discretion over the conduct of any meetings and the extent, if any, that those attending may participate in such meetings.
1.3 Scope of Work and Deliverables
FIU is seeking a financial institution with an established record of providing high quality, innovative banking operations to service the FIU students, faculty and staff, as well as alumni and affiliate members. Experience in the higher education market is desirable, but not a requirement for consideration. Vendors should have the financial base to be able to provide substantial commission/dollars in return for the right to operate an on-campus retail bank and provide On-Campus Retail Banking Services to the University Community, integrating with FIU’s PantherCARD.
1.4 Solicitation Response
Each Vendor shall organize its solicitation response to provide the following information in order to assist FIU in the selection, evaluation and award process.
Tab 1 - Appendix I Conditions and Requirements, completed, signed and dated, along with Vendor’s and any specific requests for changes to terms and conditions, if any. The Vendor must initial the designated items, in APPENDIX I, indicating that the Vendor understands and agrees to the terms and conditions as provided in this competitive solicitation. If the Vendor wants to request additional language or specific changes to the terms and conditions, Vendor must specifically do so in Vendor’s solicitation response and include such requests with APPENDIX I. Please be advised that FIU, as a State university, must adhere to applicable laws and regulations and therefore certain terms and conditions may not be altered.
3 October 27, 2010
Tab 2 - A one or two page executive summary of your proposal, including brief descriptions of your company’s expertise dealing with a contract the size and scope of similar ID card and retail banking services operations, and your plan for the future of FIU’s retail banking relationship. Tab 3 - Contact information, including name(s) and title(s), for the individual(s) responsible for Vendor’s proposal and negotiation during this ITN process. Tab 4 - Copies of all current licenses (See, Section 4.1.2 - Licenses). Tab 5 - Information for Vendor as requested in Section 4.1.3 – Vendor Information/Experience. Tab 6 - Vendor’s proposal for offering ATM’s on campus, including design and installation, as well as maintenance and repair programs (See, Section 4.2.1 – ATM’s). Tab 7 - Evidence of Vendor’s compliance with laws, regulations and rules as requested in Section 4.2.2 - Compliance). Tab 8 - Submit your proposed retail banking programs/account options (e.g., checking account, saving account, bill pay, etc.) and corresponding fees for each. (See, Section 4.3 – Services and Fees) Tab 9 - Vendor’s proposed Operational Plans (See, Section 4.4 – Operational Plan and Approach). Tab 10 - Information regarding Vendor’s proposed marketing budget (See, Section 4.5 – Marketing Plan and Approach). Tab 11 - Vendor’s proposed Financial Support to be paid to the University, including Appendix IV, completed, signed and dated (See, Section 4.6 – Financial Support). Tab 12 - Vendor’s proposed sample monthly and annual financial reports (See, Section 4.7 – Standard Financial Reports). Tab 13 - Copies of Vendor’s policies and explanation of Vendor’s customer service options, including sample assessments of customer satisfaction (See, Section 4.10 – Customer Service). Tab 14 - Information regarding Vendor’s Personnel, including Vendor’s hiring practices and proposed management team and management training program (See, Section 4.11 – Personnel).
4 October 27, 2010
Tab 15 - Vendor’s plans for physical operation of the On-Campus Banking Services at the Licensed Premises, including interior/exterior renderings and plans for signage (See, Section 4.12 – Facilities and Equipment). Tab 16 - Vendor’s proposed Capital Investment Plan (See, Section 4.16 – Capital Investment). Tab 17 - Information regarding how the second magnetic stripe media will be utilized for integration with PantherCARD and Vendor’s process for coding such data and enabling debit/ATM functionality with the PantherCARD. Include the locations where FIU students can go to establish PantherCARD debit accounts. (See, Section 5.1.1 – Issuance of PantherCARD.) Tab 18 - Information regarding alternate or equivalent products being offered by Vendor, if any. Tab 19 - The completed competitive solicitation document, along with completed Addenda Acknowledgement Forms, if any. The Vendor shall complete, sign and date the document, but shall not alter the language provided in this competitive solicitation document or the Addenda in any way; any such alterations are void. Tab 20 - Information regarding subcontractors (list of subcontractors with services to be provided by each and amount Vendor will pay to each; Vendor’s certification that subcontractors are appropriately licensed and registered with the State of Florida). Tab 21 - Appendix II, completed, signed and dated. Tab 22 - Proof of Insurance - letter or certificate from Vendor’s insurer (see, Section 6.1 – Insurance). Tab 23 - Vendor’s Services and Warranties, if applicable. Tab 24 - Disclosures regarding: (a) Vendor employees having employment relationship with FIU, State of Florida or any Florida State Agencies AND/OR (b) any FIU or State employee(s) owning an interest of 5% or more of Vendor’s company or its affiliates or branches. Tab 25 - Additional information requested in the competitive solicitation and/or addenda, if applicable. Tab 26 - Additional pertinent information Vendor would like to provide.
5 October 27, 2010
1.5 Evaluation Points
The evaluation criteria and points are provided below.
Table A –
Criteria Max Points Experience and Qualifications 10
Products, Pricing and Customer Service 20
Financial Training and Marketing Plan 20
Financial Support 25
Ease of Conversion/Integration With PantherCARD 15
Capital Investment Plan for Buildout of Physical Location 15
Evaluation of Solicitation Responses Point Total 105
1.5.1 Evaluation Criteria
1.5.1.1 Experience and Qualifications. Vendor must show that it is a qualified financial institution with an established record of providing high quality, innovative retail banking services. Vendors must demonstrate the financial base to be able to provide substantial dollars in return for the right to operate an on-campus retail bank and provide on-campus retail banking services to the University Community. Vendor must provide information regarding experience in the higher education market, if applicable.
Evaluation for this criterion will be primarily based on the information and references provided as part of this competitive solicitation.
1.5.1.2 Products, Pricing and Customer Service. Vendor’s proposed operational plan, including services offered to University students and employees, and any other information provided by the Vendor. Vendor’s personnel, training and staffing plans and proposed management team.
6 October 27, 2010
1.5.1.3 Financial Training and Marketing Plan. Vendor’s marketing plan and budget, and approach and responses related to meeting the scope of work requirements will be considered in the evaluation. Vendor’s program for Financial Training.
1.5.1.4 Financial Support. Vendor will provide the amount of financial support that will be paid to the University, as well as any additional consideration as outlined in Section 4.6.
1.5.1.5 Ease of Conversion/Integration With PantherCARD. Vendor’s ability to integrate with the University’s PantherCARD and related support plan. The Conversion’s manageability and transparency for the PantherCARD Office and the University Community.
1.5.1.6 Capital Investment Plan for Build out of Physical Location. Vendor’s Capital Investment Plan for the design, construction, renovation, furnishing and/or complete outfitting of the Licensed Premises.
1.6 Definitions
“Authorized FIU Representative” means the FIU Purchasing representative assigned to handle all Vendor communications related to this competitive solicitation. (See Section 2.1)
“Contract” means the formal bilateral agreement signed by the representatives of FIU and the Successful Vendor which will incorporate this competitive solicitation, including those terms and conditions in Appendix III, and the Vendor’s solicitation response.
“FIU Fiscal Year” is the twelve (12) month period from July 1st to June 30th.
“License Term” shall mean the Initial Term, the Renewal Term, and any extensions of the License.
“On-Campus Retail Banking Services” shall mean operations of a bank location on the FIU campus(es) that provides banking services directly with individual consumers who are members of the University Community. On-Campus Retail Banking Services shall include the agreed upon services offered such as: savings and checking accounts, personal loans, debit cards, etc.
“Successful Vendor” means a firm or individual who is awarded a contract under this competitive solicitation.
“University Community” means Florida International University students, faculty and staff, as well as alumni and affiliate members.
“Vendor” means a proposer who submits a timely solicitation response to this competitive solicitation.
7 October 27, 2010
“Website” means the FIU Purchasing Services Department’s website at http://finance.fiu.edu/purchasing.
The words “shall”, “must”, or “will” are equivalent and indicate mandatory requirements or conditions, FIU will not waive Vendor’s material deviation from any of the mandatory requirements.
The words “should” or “may” are equivalent and indicate very desirable conditions or requirements. Vendor’s deviation from any such desirable conditions or requirements may result in Vendor’s solicitation response being considered as not being in FIU’s best interest.
1.7 FIU Environment
Through its eleven colleges and schools, FIU offers nearly 200 baccalaureate, master's professional, and doctoral degree programs and conducts basic and applied research. FIU emphasizes research as a major component of its mission. The opening of the Herbert Wertheim College of Medicine in August 2009 has enhanced the university’s ability to create lasting change through its research initiatives. Overall, sponsored research funding for the university (grants and contracts) from external sources for the year 2008-2009 totaled approximately $101 million. It is an urban, multi-campus, public research university serving its students and the rich and diverse, multi-cultural population of South Florida. FIU’s mission is to impart knowledge through excellent teaching, discover new knowledge, solve problems through collaborative research, foster creativity, and promote local and global engagement. By leveraging strengths in health, globalization, the environment, and the arts, Florida International University provides leadership for cultural, social, and economic development within the South Florida region, the state, the nation, and the world. Please view a video regarding FIU and its Worlds Ahead vision at http://obs.fiu.edu/about_fiu.html.
Presently, the University has approximately 42,500 students, 871 full-time instructional faculty, 683 part-time instructional faculty, and 8,694 full time and part-time employees (inclusive of faculty), making it Miami-Dade County’s 7th largest public sector employer. In the past decade it has added two prestigious professional schools—a law school and a medical school—and has expanded its enrollment by 28 percent to accommodate population growth in the South Florida region. In the next five years, it plans to increase enrollment by an additional 25 percent. FIU is the largest university in South Florida and among the nation’s 25 largest colleges and universities. Each year FIU graduates more Hispanic students than any other university in the nation. Please view a video regarding FIU and its student life at http://obs.fiu.edu/about_fiu.html.
For the 2009-2010 academic year, 14,001 FIU students received Pell Grants totaling $58M. FIU students borrowed $187.3M through the Direct Loan program to fund their educations. In total, as $312.6M in student financial aid from all sources was disbursed for the 2009-10 academic year.
The University’s 135,000 alumni constitute the largest university alumni group of any university in Miami-Dade County. Most of the degrees awarded by universities in Miami-Dade County are conferred by the University. The majority of FIU students are Florida residents (currently 90%),
8 October 27, 2010
so unlike most university graduates, FIU alumni remain in the region; 67% remain in South Florida and 75% in Florida.
The Modesto A. Maidique Campus occupies 342 acres of land in Southwest Miami-Dade County. The MMC is comprised of 47 buildings, including state-of-the-art classrooms, five residence halls, a 46,000 sq. ft. Frost Art Museum, the Wertheim Performing Arts Center, the Green library, the U.S. Century Bank Arena and the FIU Stadium, an on campus 20,000 seat football stadium. In the past five years, seven new buildings have been added to the MMC landscape. The latest addition, PG-5/Market Station, is an innovative multiuse retail and food service center, offering six food service venues and featuring nationally recognized brands such as Chick-fil-A, Dunkin Donuts, Moe’s Southwest Grill, Freshëns, Papa John’s and Salad Creations, and 4,400 sq. ft. of retail space. There are 35 food and retail venues on FIU campuses generating over $31.9M in sales during FY 2009-10. A map of MMC is attached as Exhibit “A”. Please also take a virtual tour of the MMC Campus at http://www.flickr.com/photos/fiu/sets/72157603681256366/show/.
Biscayne Bay Campus is the hub for FIU’s community outreach efforts. It serves as the host campus to The Elders Institute, The Institute of Government, The Institute for Public Opinion Research, The Roz and Cal Kovens Conference Center, and The Southeast Florida Center on Aging. BBC is located on 200 acres on Biscayne Bay and has approximately 8,000 students. A map of the BBC Campus is attached as Exhibit “B”. The Broward Campus is served cooperatively by FIU and FAU with locations on the campus of Broward Community College in Davie and the University Tower in downtown Ft. Lauderdale. Additionally, FIU has a Center for Engineering and Applied Science, a 38-acre urban research and training complex located on the corner of N.W. 107th Avenue and Flagler Street in West Dade. The building consists of 180,000 usable square feet, housing approximately 500 employees and numerous classes and research labs. Notably, FIU has developed a “2020” Master Plan which also includes plans for the Center for Engineering and Applied Science Campus. This plan is not only a road map for future development at FIU, but also an expression of institutional values toward the education of our students, toward our community neighbors, and toward the environment. Please view a video regarding the 2020 Master Plan at http://obs.fiu.edu/about_fiu.html.
The University Credit Union (“Credit Union”), the only financial institution currently on MCC, is located on the ground floor of the Ernest R. Graham Center, to the left of the main entrance to the building. The Credit Union currently occupies 1,930/sq. ft. in the Graham Center.
The PantherCARD is the official identification card of FIU and is issued to all students, faculty and staff, as well as alumni and affiliate members. It is a multi-functional card with a digitized photo and electronic identification. The PantherCARD allows card holders to utilize campus services (e.g., library, Health and Wellness Center, athletic events, etc.) and access secure facilities on campus. PantherCARD holders may also use the PantherCARD as a debit card throughout FIU, once funds are deposited by the card holder into an account maintained by the PantherCARD Office. As a debit card, the PantherCARD may be utilized to pay tuition, purchase duplicate parking decals, and make other purchases at certain campus retailers (e.g., food vendors, laundry machines, hair salon, library pay-for-print, etc.) Student meal plans and textbook advances are also administered by FIU through the PantherCARD.
9 October 27, 2010
The current PantherCARD is a standard CR80 PVC high grade card with one high coercivity magnetic stripe on the back side. The magnetic stripe is encoded with the card holder’s Panther ID number and a lost card code, as well as a school code which is assigned by CBORD, the University’s current card system software provider. All information on the magnetic stripe is owned by FIU. The back of the card also contains a 14 digit barcode number assigned to the card holder by FIU, and bar code used for the University’s management of library privileges. The front of the card contains the card holder’s name, picture, affiliation with FIU and date the card was issued; all of which are populated by FIU. Detailed specifications of the current PantherCARD layout are attached as Exhibit “C”.
In the existing environment, the PantherCARD Office uses Datacard® ID Works® Basic Identification software to create the PantherCARD. The card image is then transferred directly onto the plastic ID card using Fargo® Direct-to-Card (DTC®) printing. The individual must present in person to the PantherCARD Office in order for a card to be issued. There are currently over 55,000 active PantherCARD holders and approximately 20,000 new PantherCARD holders are added each year. This number includes both newly issued cards and duplicate cards.
The PantherCARD program is self-supporting, predominately funded by card fees. During FY 2009-10, 10,813 new debit accounts were opened by students, faculty and staff. In Fall 2010, Book Loan allocations deposited over $2.2 Million into student’s PantherCARD debit accounts for on-campus use.
The PantherCARD Office on MMC is currently located on the ground floor of the Ernest R. Graham Center. The location is a high traffic area and is situated in the middle of the student center on campus. The PantherCARD Office encompasses 1,000 square feet and was last renovated in 2004.
The PantherCARD Office on BBC is currently located on the ground floor of the Wolfe University Center. The location encompasses 100 square feet.
The future location of the on-campus retail bank, as well as the new locations and plans for the PantherCARD Office, are described in Sections 4.12.1 and 4.16.
2.0 PROCESS
2.1 Authorized FIU Representative/ Vendor’s Submission of Solicitation Response
The Authorized FIU Representative for this competitive solicitation is:
KENIA DURANONA, ASSISTANT DIRECTOR FLORIDA INTERNATIONAL UNIVERSITY MODESTO A. MAIDIQUE CAMPUS PURCHASING SERVICES DEPARMENT CAMPUS SUPPORT COMPLEX – CSC 411 11200 S.W. 8th Street MIAMI, FLORIDA 33199
10 October 27, 2010
EMAIL: [email protected]
Vendor must submit its sealed solicitation response to the Authorized FIU Representative at the address stated immediately above.
Only those communications that are in writing from the Authorized FIU Representative shall be considered as duly authorized expressions on behalf of FIU.
2.2 Vendor Communications and/or Inquiries
The Vendor shall review this competitive solicitation in its entirety to determine whether FIU’s objective, scope of services, conditions and requirements are clearly stated. If Vendor has any questions regarding this competitive solicitation, Vendor must submit such inquiries and requests for clarification via email only to [email protected]. The Vendor’s inquiries or requests for clarification must provide the questions along with the relevant Section(s), Subsection(s), Paragraph(s), and page number(s) of the competitive solicitation being questioned by the Vendor.
FIU will consider only those communications and/or inquiries submitted via email and received by the Authorized FIU Representative on or before the Inquiry Deadline Date specified in Section 1.2, “Calendar of Events”. Unless the Authorized FIU Representative specifically requests Vendor to provide additional communications, FIU will not accept or consider any of Vendor’s written or other communications and/or inquiries (except solicitation response) received between the Inquiry Deadline Date and the posting of an award, if any, under this competitive solicitation.
To the extent FIU determines, in its sole discretion, to respond to any communications, inquiries or requests for clarification, FIU’s response will be made in an addendum to this competitive solicitation and posted on the Website.
FIU will consider the Vendor’s failure to communicate inquiries, or request clarifications by the Inquiry Deadline Date to constitute the Vendor’s acceptance of all of the conditions and requirements as stated in the competitive solicitation documents.
2.3 Restricted Vendor Communications
From the date of issuance of this competitive solicitation until FIU takes final agency action, the Vendor must not communicate with any FIU employees, Evaluation Committee members or FIU representatives regarding this competitive solicitation or Vendor’s solicitation response except as provided herein or as expressly requested by the Authorized FIU Representative. Violation of this restriction may result in rejection of the Vendor’s solicitation response.
2.4 Addenda
Purchasing Services will post any Addenda to this competitive solicitation along with Addenda Acknowledgment Forms on the Website. The Vendor’s authorized representative must sign and date the Addenda Acknowledgment Form(s), if any, and include the form(s) in the Vendor’s
11 October 27, 2010
solicitation response. All vendors, including known interested vendors, are solely responsible for checking the Website periodically to verify whether any such Addenda and forms were issued.
2.5 Protests
Any Vendor/interested person who is disputing the specifications or is adversely affected by a decision or intended decision concerning this competitive solicitation or contract award and who wants to protest such specifications, decision, or intended decision shall file a protest in compliance the Florida Board of Governors’ regulations. Failure to file a protest in accordance with Florida Board of Governors’ regulation 18.002, or failure to post the bond or other security as required in BOG regulations 18.002 and 18.003 shall constitute a waiver of protest proceedings.
2.6 Delivery and Labeling of Sealed Solicitation Response
Vendor’s solicitation response to this competitive solicitation shall be prepared in accordance with Section 1.4, “Solicitation Response”. Vendor’s sealed solicitation response must be received by the Authorized FIU Representative on or before the Solicitation Response Due Date and time specified in Section 1.2, “Calendar of Events” at Florida International University, Modesto A. Maidique Campus, Purchasing Services Department, Campus Support Complex, CSC 411, 11200 S.W. 8th Street, Miami, Florida 33199 according to the time clock in FIU’s Purchasing Services Department. Vendor may not submit its solicitation response, or amendments to its solicitation response via telephone, facsimile, electronic mail, or telegraph.
If the Vendor elects to mail in its solicitation response package, the Vendor must allow sufficient time to ensure the Authorized FIU Representative’s receipt of the solicitation response package by the Solicitation Response Due Date and time. Regardless of the form of delivery, it is the Vendor’s responsibility to ensure that the solicitation response package arrives at the Authorized FIU Representative’s mailing address (See Section 2.1) no later than 10:00 a.m. on the Solicitation Response Due Date. Vendor may not include more than one solicitation response (along with the copies) per sealed envelope.
FIU will accept solicitation responses up to, and no solicitation responses may be withdrawn after, the Solicitation Response Due Date and time. Solicitation responses must be delivered in sealed envelopes with the following information clearly provided on the front of the envelope: The Authorized FIU Representative’s name and address as provided in Section 2.1 and COMPETITIVE SOLICITATION #01-006 FOR ON-CAMPUS RETAIL BANKING SERVICES and the date and time of the Solicitation Response Due Date. The solicitation response must be submitted in one (1) original and eight (8) copies. The document containing the original signature must be marked “ORIGINAL.” In addition, Vendor is asked to submit one (1) courtesy copy of the solicitation response on CD or PC compatible disk, preferably in .pdf format.
12 October 27, 2010
2.7 Required Solicitation Response Format
To facilitate FIU’s analysis of Vendor’s solicitation response, the Vendor must prepare its solicitation response in accordance with the instructions provided in this competitive solicitation. If Vendor’s solicitation response deviates from these instructions, such solicitation response may, in FIU’s sole discretion, be rejected.
2.8 Economy of Presentation
The Vendor must use sections and tabs that are clearly identified and also must number and label all parts, pages, figures, and tables in its solicitation response. Vendor should prepare its solicitation response simply and economically, providing a straightforward, concise description of the Vendor’s capability to satisfy the conditions and requirements of this competitive solicitation. (Fancy bindings, colored displays, and promotional material are not desired). Vendor’s emphasis should be on completeness and clarity of content. To expedite FIU’s evaluation of the solicitation response, it is mandatory that Vendor follow the instructions contained herein. FIU is not liable for any costs incurred by Vendors in responding to this competitive solicitation including, without limitation, costs for any oral presentations requested by FIU.
2.9 Solicitation Responses Must be in Ink or Typed
Vendor’s solicitation response must be typed or printed in permanent ink.
2.10 Vendor’s Signature
Where Vendor’s signature is required, Vendor’s solicitation response must contain Vendor’s authorized representative’s manual signature, in permanent ink, in the space provided. In addition, Vendor’s authorized representative must initial all of Vendor’s handwritten corrections (additions or deletions) in its solicitation response.
2.11 Complete Responses Required
Vendor must complete and execute this competitive solicitation document, including any addenda, appendices, exhibits, attachments, requested information and response forms and submit them with and as a part of Vendor’s sealed solicitation response.
2.12 Use of Forms
If this competitive solicitation includes forms for the submission of information, the Vendor must submit the requested information on the forms, attaching additional pages if necessary, or FIU may reject the Vendor’s solicitation response.
2.13 Errors or Omissions
Vendor should examine its solicitation response carefully for any errors prior to submission. The Vendor is solely responsible for the accuracy and completeness of its solicitation response. The
13 October 27, 2010
Vendor’s errors or omissions, if any, are solely at the risk of the Vendor and may be grounds for FIU’s finding that the Vendor’s solicitation response is non-responsive. In case of Vendor’s errors in extensions, the unit price will prevail.
2.14 Solicitation Response Validity Period
Vendor’s solicitation response, shall in its entirety, remain valid for 180 calendar days after the Solicitation Response Due Date.
2.15 Solicitation Response Opening
At 2:00 p.m. on the Solicitation Response Due Date, FIU will open all timely submitted solicitation responses for the sole purpose of recording the names of the Vendors submitting solicitation responses.
3.0 SELECTION PROCESS, EVALUATION PROCESS AND CRITERIA
3.1 Selection process
FIU will conduct the following selection process:
FIU establishes an Evaluation Committee.
The Evaluation Committee reviews and evaluates the solicitation responses according to the evaluation criteria and points contained in Table A (See Section 1.5) and determines a short list of Vendors. Those Vendors selected for the short list will continue in the evaluation process, which may involve site visits, Vendor presentations, Vendor management team interviews, negotiations, and evaluation of the Vendor’s best and final offer.
The determination of the Vendors selected for the short list with which negotiations may be held will be based on evaluation of the Vendors’ Proposals. There will be no opportunity for presentations at this stage. Proposals must provide complete, accurate, and detailed information in response to the instructions in the competitive solicitation.
The Evaluation Committee may meet with the shortlisted Vendors individually to discuss their capabilities and plan for servicing FIU. The Negotiation Team will negotiate with the short-listed Vendors. After negotiations have been completed to the satisfaction of the Negotiation Team, the short listed companies will be given a deadline for submission of a “best and final” offer. The negotiation process will stop upon submission of the “best and final” offers. Vendors will not be allowed to make further adjustments to their offer or communicate further with the University, except to respond to requests for clarification from the Evaluation Committee. The final recommendation of the Evaluation Committee will be based upon the initial written
14 October 27, 2010
Proposal, site visits, references, discussions, interviews, negotiation outcomes, and best and final offers.
The recommendation of the Evaluation Committee will be submitted to the Director of Purchasing for review and approval and to the Chief Financial Officer with final decision making authority (“University Official”) regarding the competitive solicitation.
The University Official considers the Evaluation Committee’s recommendation and determines which Vendor to enter into a Contract with.
3.2 Cash Discounts
The Evaluation Committee will not consider cash discounts for prompt payment when determining the lowest net cost for solicitation response evaluation purposes.
3.3 Contract Award
FIU intends to award a Contract or Contracts resulting from this competitive solicitation to the Successful Vendor(s) whose solicitation response(s) represent the best value to FIU. The Contract will include this competitive solicitation document, and the Successful Vendor’s solicitation response, and all the terms and conditions found on the Sample Contract. (The Sample Contract is attached as APPENDIX III.) The Contract will also incorporate any clarifications, and if negotiations are conducted, any additional terms and conditions that are negotiated.
3.3.1 FIU reserves the right to award a Contract without negotiations with the Vendor; therefore, the Vendor’s solicitation response should contain the Vendor’s best terms from a cost or price and technical standpoint.
3.3.2 FIU reserves the right to make an award on any item or service for a quantity less than the quantity offered, at the unit cost or unit prices offered, unless the Vendor specifies otherwise in the Vendor’s solicitation response.
3.3.3 Unless otherwise provided in this competitive solicitation, FIU reserves the right to make multiple awards if, after considering the additional administrative costs, it is in FIU’s best interest to do so.
3.3.4 FIU reserves the right to award the commodity specified and/or the services detailed in this competitive solicitation either in their entirety or in any part thereof, all to the advantage of FIU.
3.3.5 FIU may reject all solicitation responses if such action is in FIU’s best interest.
3.3.6 FIU reserves the right and sole discretion to reject any solicitation response at any time on grounds that include, but are not limited to, Vendor’s solicitation response being found to be nonresponsive, incomplete, or irregular in any way; or when Vendor’s
15 October 27, 2010
solicitation response is not in FIU’s best interest. FIU may waive informalities and minor irregularities in solicitation responses.
FIU is not obligated to make an award under or as a result of this competitive solicitation. FIU reserves the right to award a contract, to the Vendor(s) submitting a solicitation response that FIU, in its sole discretion, determines is in FIU’s best interest.
3.4 Posting of Intent to Award/Protest
The Intent to Award to a Vendor, if any, will be posted on the Website for review by interested parties, and will remain posted for a period of seventy-two (72) hours; excluding weekends, federal holidays, and FIU holidays.
Failure to file a notice of protest or the written petition in accordance with the Florida Board of Governors’ Regulation 18.002, or Vendor’s failure to post the Solicitation Protest Bond or other security as required in the Board of Governor’s Regulations 18.002 and 18.003, shall constitute a waiver of the right to protest proceedings.
3.5 Commencement of Work
Vendor/Successful Vendor will not provide any commodities or services or take any action, even if such is as a result of any discussions with any FIU employee, prior to the Contract being signed by both parties. If Vendor/Successful Vendor provides services or commodities or takes any action prior to the Contract being signed by both parties, the Vendor/Successful Vendor does so at Vendor/Successful Vendor’s sole risk and expense.
3.6 Alternate Brands or Equivalent Products
Any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in the competitive solicitation are for information and not intended to limit competition. The Vendor may offer any brand for which Vendor is an authorized representative, where such brand meets or exceeds the specifications for any item. Likewise, customary measurements appearing in the competitive solicitation are not intended to preclude solicitation responses for commodities with equivalent metric measurements. All items provided by Vendor will be new items.
If Vendor’s solicitation response is based on an alternate brand or equivalent product, Vendor must indicate the manufacturer’s name and product number on the Vendor’s solicitation response for such alternate brand or equivalent product. Vendor shall submit cuts sketches and descriptive literature, and/or complete specifications of the alternate brand or equivalent product with the solicitation response. Vendor may not reference information or literature submitted with a previous solicitation response. The Vendor shall also explain in detail the reasons why the proposed equivalent will meet the specifications and why it should not be considered an exception thereto. FIU reserves the right to approve or reject an item as an approved alternate brand or equivalent product.
If Vendor’s solicitation response lacks any written indication of intent to propose an alternate brand or equivalent product, Vendor’s solicitation response will be received and considered by
16 October 27, 2010
FIU to be for items that are in absolute compliance (including as to brand and measurement) with the specifications as written in the competitive solicitation.
4.0 SPECIFICATIONS FOR ON-CAMPUS RETAIL BANKING SERVICES
The Successful Vendor will operate an on-campus retail bank integrated with the PantherCARD, located on MMC, and provide on-campus retail banking services to the University Community. Upon mutual agreement by FIU and Successful Vendor, the Successful Vendor may develop a retail banking solution for BBC.
4.1 Vendor Information
4.1.1 Vendor Qualities and Performance
Vendor must be a full-service bank with multiple branch locations within Miami-Dade County, Florida. Vendor must also have a presence in the vicinity or an acceptable alternative for providing services at an appropriate level to members of our University Community traveling outside of Miami-Dade County, Florida. Vendor must have the ability, experience, and resources to efficiently and effectively operate a full-service on-campus retail bank on MMC, as well as to enhance the future growth of the bank.
The Successful Vendor will furnish, at no cost to the University, the labor, management, commodities, supplies, maintenance, and marketing necessary for an efficient and profitable operation. Note, FIU will not consider any Proposal that requires the subsidizing of the operations by FIU or a management fee type arrangement.
4.1.2 Licenses
The Successful Vendor must have and maintain the appropriate valid business licenses to operate as a bank. All the pertinent and applicable licenses; safety and health inspection documents; and mechanical or operational maintenance credentials must be made available to the designated representative(s) from the FIU Office of Business Services, as designated by FIU from time-to-time in writing (the “FIU Business Services Representative”) upon request.
The Successful Vendor must keep all licenses and documents regarding operations current and meet the standards of all applicable federal, state, county and city mandated requirements and laws. Copies of these documents may be routinely requested by the FIU Business Services Representative, and Vendor must keep the documents on file at the Vendor’s office and if applicable, on campus location, for accessibility and review upon FIU’s demand.
17 October 27, 2010
4.1.3 Vendor Information/Experience
Vendor must provide details as to the following in its Proposal:
4.1.3.1 Vendor’s legal name.
4.1.3.2 Vendor’s Key Contacts. List the name, title, phone number, fax number, email address, and mailing address for each of the Vendor’s representatives who are to be the primary and secondary contacts regarding this competitive solicitation.
4.1.3.3 Years in Business. State the number of years the Vendor has been in business.
4.1.3.4 Vendor’s Form of Business. Describe the form of business or businesses under which the Vendor’s company operates (i.e., sole proprietor, partnership, corporation) and the state in which the entity is incorporated.
4.1.3.5 Ownership. List the names of all officers and persons or organizations having a ten percent (10%) or greater ownership interest in the Vendor’s company, and indicate which of those individuals listed are involved in the day-to-day management of the Vendor. Also, indicate if the Vendor is a subsidiary or part of an international business or conglomerate.
4.1.3.6 Experience. Describe the Vendor’s specific knowledge, experience, and expertise (including additional information regarding higher education experience) in the banking industry.
4.1.3.7 References. Provide a current list of a minimum of three (3) active contracted accounts of comparable size to the Contract that would arise out of this competitive solicitation in which the Vendor has provided similar services, and provide the contact information for each account for the University to contact for references. Please provide for each reference the name, address, fax numbers, e-mail address and telephone number of the main contact person at these accounts, information as to the contract and its duration.
4.1.3.8 Agreements. Describe any contractual (or sub-contractual) agreements, and compliance or performance standards which will affect its Proposal or ability to provide On-Campus Retail Banking Service, if applicable.
18 October 27, 2010
4.1.3.9 Other information. Provide a list of all pending, adjudicated or settled litigation, arbitration, proceedings or claims filed against or initiated by Vendor, or its officers or principals, within the past five (5) years.
4.1.3.10 Financial Capability. Provide sufficient data to show that Vendor has the financial capability to perform under the terms of the Contract, if awarded. As detailed financial data is generally proprietary, and Vendors do not wish such information to be part of the public record under the Florida’s Public Records laws, FIU reserves the right to perform additional due diligence in this area, at the sole discretion of FIU, prior to the award of any Contract.
4.1.3.11 Audited Financial Statements. Provide audited comparative financial statements of the Vendor’s company that have been prepared in accordance with general accepted accounting principles. At a minimum, this information should include: a comparative income statement, balance sheet, profit and loss statement and statement of cash flows for the three (3) most recent years for which audited financial statements have been completed. If audited comparative financial statements are not available, the Vendor must submit a letter of explanation, comparative balance sheets, and financial statements of the Vendor’s company which are comparable to the above requested audit documentation and which are in accordance with generally accepted accounting principles. Additional reports may also be requested of Vendor.
4.1.3.12 Insurance and Bonds. Provide evidence that the Vendor can meet the minimum requirements for insurance and bonds as stated in the competitive solicitation.
4.1.3.13 Rating. Provide Dun & Bradstreet rating for Vendor, if available.
4.2 Location
The Gold Garage is situated in the heart of MMC, adjacent to the Ernest R. Graham Center, which serves as the student union on campus. The Gold Garage has 1,000 parking spaces and traffic flow is estimated at 5,000 cars daily. During the 2009-10 academic year, an estimated 34,728 students passed through the Graham Center and Primera Casa (buildings immediately adjacent to the Gold Garage) each week to attend classes. This does not include campus traffic utilizing student services, retail and food venues, faculty and staff, or other visitors to campus.
19 October 27, 2010
The Successful Vendor will be located in the soon to be renovated Promenade of the Gold Garage, which totals 2,500 sq. ft. (see, Exhibit “E”). The bank will occupy 1,200 sq. ft. of this space, as further described in Section 4.12.1, Licensed Premises.
The on-campus retail bank will connect to the relocated PantherCARD Office, which will occupy the remaining area the Promenade. The physical relationship between the bank and the PantherCARD Office is illustrated on the floor plan attached as Exhibit “E”. The University proposes that the bank and the PantherCARD Office share a common area lobby dividing the two spaces, where visitors may use an entryway to enter either the bank (to the left) or the PantherCARD Office (to the right). These entryways will remain open (un-gated) during Orientation, or other peak activity periods, for the shared lobby to accommodate traffic as students move from the PantherCARD Office into the bank to activate their bank accounts with the Successful Vendor.
4.2.1 ATM’s
FIU is offering on-campus ATM locations as part of this ITN. There are currently the following competing ATM’s on the FIU Campuses:
LOCATION/CAMPUS OPERATED BY
Graham Center/ Modesto A. Maidique Campus University Credit Union
Graham Center/ Modesto A. Maidique Campus University Credit Union
Graham Center/ Modesto A. Maidique Campus Wachovia Bank
Breezeway Café/ Modesto A. Maidique Campus Aramark/Third Party
FIU Football Stadium/ Modesto A. Maidique Campus
Mobile ATM Solutions
Wolfe Center/Biscayne Bay Campus University Credit Union
U.S. Century Bank Arena/Modesto A. Maidique Campus
U.S. Century Bank
PG-5 Market Station/Modesto A. Maidique Campus
U.S. Century Bank (pending installation)
There are no exclusivity rights offered to any Vendor in connection with the ATM’s on campus. Pursuant to a sponsorship agreement with the Athletics Department, U.S. Century Bank may install ATM’s in the U.S. Century Bank Arena. However, agreements for all other ATM’s, aside from the Arena ATM, may be terminated by FIU.
Successful Vendor shall include in its Proposal locations for additional ATM locations on campus, which are subject to final approval by University, as well as proposed fees for ATM
20 October 27, 2010
transactions (see, Section 4.3, Services and Fees). University also reserves the right to review the distribution of ATM locations and negotiate the installation of future ATM locations.
Successful Vendor must coordinate and work with FIU’s Facilities Management Department with regard to the installation, maintenance, repair and replacement of any approved ATM’s. FIU’s Facilities Management Department or designee must pre-approve in writing the proposed design submitted by Successful Vendor and its subcontractors’ proposed activities prior to their commencement of same. Successful Vendor shall be solely responsible for obtaining any and all necessary permits, rights, licenses or other authorizations necessary for the Successful Vendor to operate the ATM and shall obtain all such permits, rights, licenses and other authorizations prior to the Successful Vendor’s installation of any of the ATM. Successful Vendor shall also bear all expenses associated with design, installation, maintenance, repair and replacement of any approved ATM.
The Vendor’s proposed equipment should also be attractive and complement FIU grounds, and building designs and layouts, and the Vendor’s proposed equipment should be appropriate for servicing the needs of the University Community. The Vendor must describe in detail with supporting brochures the exact pieces of equipment that will be used.
4.2.2 Compliance
The Successful Vendor is required to comply with all current and new federal and state laws, regulations and rules regarding federal and state financial aid, privacy and identity protection including but not limited to: Payment Card Industry Data Security Standards, Gramm-Leach Bliley Act, Fair Credit Reporting Act, and 34 CFR 668.164. A copy of 34 CFR 668.164 is attached as Exhibit “G”.
4.3 Services and Fees
4.3.1 On-Campus Retail Banking Services
The Successful Vendor shall provide high quality On-Campus Retail Banking Services, while offering competitive fees, to meet the needs of the University Community. We expect the on-campus retail banking services to include preferred pricing and services including, but not limited to, ATM functions, debit functions and secure 24 hour on-line internet banking. Internet banking products might include online bill payment, on-line statements that can be downloaded to software programs, online funds transfer, inter-account transfers, and on-line access to all products an individual account holder may have.
We also expect to see clearly defined fees related to maintaining an account with the Successful Vendor (e.g., ATM foreign or other, debit transaction, overdraft, stop payment, fund transfer, internet banking, etc.) We expect to see clearly defined perks related to owning an account with Successful Vendor (e.g., free checking accounts, free or reduced costs for check stock, overdraft protection, preferred interest rates, program extension to family members, etc.) We expect to see clearly defined products that are unique to our community (e.g., preferred loan programs, etc.) We expect to see products offered to the University Community that it can get ONLY by having
21 October 27, 2010
an account, integrated with the PantherCARD, with Successful Vendor, and these services are not offered to the general public.
Vendor should include details regarding the On-Campus Retail Banking Services in its Proposal.
4.3.1.1 Hours of Operation
The Successful Vendor will provide On-Campus Retail Banking Services, at a minimum, during regular banking hours when University classes are in session, with extended hours as appropriate to meet service demands, as reasonably requested by the University. The On-Campus Retail Bank will be open on all days that the PantherCARD Office is open, excluding Federal banking holidays. The On-Campus Retail Bank will, at a minimum, maintain a skeleton crew on normal banking days that fall during University holidays and semester breaks.
4.3.2 Changes to On-Campus Retail Banking Services
Any changes to the On-Campus Retail Banking Services must be pre-approved, in writing, by the FIU Business Services Representative.
4.3.3 Fees for On-Campus Retail Banking Services
Vendor must submit proposed fees for all On-Campus Retail Banking Services, including ATM transactions, specifically identifying which fees apply to: FIU students, FIU faculty and staff, alumni and affiliate members, and/or non-University customers. Vendor must also propose any revenue share programs between the Vendor and FIU for bank fee-generated income (see, Section 4.6.2, Portion of Revenue Generated by On-Campus Retail Banking Services).
4.4 Operational Plan and Approach
4.4.1 On Campus Retail Bank Services Operational Plan
The Vendor must submit a detailed proposed Operational Plan for the On-Campus Retail Banking Services for the first twelve (12) months of the Contract with its Proposal. The proposed Operational Plan should provide an in-depth analysis and description of the proposed retail banking services, including immediate and phased-in solutions and marketing initiatives, for the opening of a new retail bank.
FIU prefers that the On-Campus Retail Bank be open and fully operational by June 1, 2011, given the necessity to issue PantherCARDs to new students and begin the campus wide re-carding effort during Summer 2011. However, if the Successful Vendor’s buildout cannot be completed by June 2011, the On-Campus Retail Bank must be open and fully operational in the Licensed Premises by no later than August 1, 2011, and Successful Vendor must be prepared to provide banking services, including the activation of integrated bank accounts, to the University Community before the opening of the physical branch location operating on campus.
22 October 27, 2010
4.4.2 Implementation/Coordination With PantherCARD Office Operational Plan
During Summer 2011 (May to July 2011) the Successful Vendor will be expected to partner with FIU in a planned University-wide PantherCARD re-carding effort at key locations on campus(es), to be identified by the University (see also, Section 5.1.1.1 - Initial Mass PantherCARD Re-carding). This will provide Successful Vendor a unique opportunity to reach members of the University Community, promote the use and benefits of its integration with the PantherCARD to a captive audience, and open new retail bank accounts. All PantherCARD re-carding is scheduled to be completed for existing students/faculty and staff by no later than September 1, 2011.
In addition, during new/transfer student orientations (June to August 2011), the PantherCARD Office will issue all incoming students a new PantherCARD. This will be a separate initiative from the mass PantherCARD re-carding, and is designed to reach all new FIU students by the beginning of the Fall 2011 semester.
Successful Vendor must develop a solution to activate bank accounts opened at these carding events, which may be prior to the physical opening of the On-Campus Retail Bank in the Gold Garage Promenade. This may include activating accounts via telephone or using mobile and/or handheld terminals. Vendor should include details regarding this portion of the Implementation/Coordination With PantherCARD Office in its Proposal.
In addition, FIU and the Successful Vendor will work together to create an Operational Plan for a smooth transition from the current PantherCARD environment, to the new PantherCARD, which ensures uninterrupted service to the University Community. The Operational Plan should include, at a minimum, a process for traffic flow between the PantherCARD Office and the Successful Vendor, assignment of areas of responsibility, required equipment and procedures.
4.4.3 Financial Projections
The Vendor must submit financial projections for the first twelve (12) months as part of the proposed Operational Plan with its Proposal.
4.5 Marketing Plan and Approach
FIU expects the Successful Vendor to actively solicit members of the University Community to participate in a banking relationship with the Successful Vendor. The Successful Vendor will begin marketing, soliciting and otherwise providing On-Campus Retail Banking Services to existing and future PantherCARD holders, including alumni and/or affiliates, commencing with the full execution of the Contract.
Thirty (30) days prior to the beginning of FIU’s Fiscal Year, the Successful Vendor must submit a proposed Annual Marketing Plan for the on-campus retail banking services, including promotion of Successful Vendor’s debit/ATM function on the PantherCARD, which contains the following elements:
23 October 27, 2010
4.5.1 Marketing Strategies
The Successful Vendor is expected to coordinate with the Office of Business Services’ staff regarding the marketing program and efforts to help grow the PantherCARD program, encourage acceptance and use of retail bank services opportunities, and promote the holistic value and functionality of the integrated card. This will require Successful Vendor to participate in marketing strategies, including participating in planning sessions throughout the year and evaluating opportunities, such as marketing initiatives incorporated into orientations and carding events. The Vendor must propose marketing strategies (identifying the responsibilities of the various parties) to introduce the On-Campus Retail Banking Services to the University Community, and encourage the utilization of the product on an initial and on-going basis.
Marketing, in general, will be directed to the various individuals in the University Community, and may require separate materials and issuing of notices. The design specifications must also meet all federal and state laws, county and city ordinances, and FIU policies and regulations applicable to the signage, design and safety standards.
4.5.2 Marketing Budget
The Vendor’s Proposal shall include the minimum amount per Contract year that the Vendor will dedicate to marketing initiatives related to the Contract.
4.5.3 Participating in University Events
The Successful Vendor may be given the opportunity to participate with recognized University organizations by donating items for fund raising events. The Office of Business Services will act as the liaison between the Successful Vendor and the various University organizations, and the Successful Vendor should refer any individuals directly requesting the Successful Vendor’s participation in such events to the Office of Business Services.
4.5.4 Financial Training
FIU believes basic financial training is important toward obtaining a well-rounded education. FIU seeks to endorse a financial process, and not simply a retail bank operation, making both its students and their parents more confident in their choice of school. The Vendor should propose a program that will offer seminars to the University Community and address such topics as creating a budget, managing credit, balancing and reconciling a checkbook, etc.
FIU is a Federal Direct Lending School and does not endorse, facilitate, nor market other educational loans to students.
4.5.5 Approval of Advertisements or Logos
The Successful Vendor must have the prior written approval of the FIU Business Services Representative for any advertisements that will be located on the FIU Campuses that are related to On-Campus Retail Banking Service. The Successful Vendor must also have the prior written approval of the FIU Office of University Community Relations and/or FIU Business Services
24 October 27, 2010
Representative for advertisements or promotions that will use FIU’s name, trademarks and/or logos.
4.5.6 Posting of Information by FIU
The Successful Vendor will have the opportunity to provide information to the FIU Business Services Representative for posting on the FIU Campuses in order to inform the University Community of the Successful Vendor’s services. This information will be reviewed by the FIU Business Services Representative and/or FIU’s Office of University Community Relations, and if appropriate, may be communicated to the University Community in accordance with the policies and procedures of FIU.
4.5.7 Use of Successful Vendor’s Logo/Marks
Subject to the Successful Vendor’s prior written approval, the Successful Vendor grants FIU the limited right to use the Vendor’s logo or service marks to promote the Vendor’s service and product (e.g., use on the FIU website and in FIU Business Services’ publications).
4.6 Financial Support
4.6.1 License Fee to University.
Successful Vendor will be granted a License to operate a retail bank on campus and shall pay to FIU a License Fee as consideration for this use of the Licensed Premises (as described in Section 4.12.1). The Successful Vendor should propose a License Fee payable to the University at a minimum of $30.00/sq. ft., per year. This amount is payable in advance in equal monthly installments throughout the License Term (e.g., 1,200/sq. ft x $ proposed/sq. ft. = License Fee/12 months = Monthly Installment). At the beginning of each FIU Fiscal Year, the License Fee will be adjusted upon at least thirty (30) days prior written notice to the Successful Vendor, and such adjustment shall not exceed the United States Consumer Price Index (All Items Consumer Price Index for All Urban Consumers (CPI-U)) available at the time the notice of increase is provided, or 3%, whichever is greater. The CPI-U may be found at http://www.bls.gov/cpi/home.htm.
4.6.2 Portion of Revenue Generated by On-Campus Retail Banking Services.
Successful Vendor will pay to FIU on a quarterly basis a portion of the revenue generated by On-Campus Retail Banking Services. This may include a portion of:
Internal ATM transaction fees; Foreign ATM transaction fees; Interest collected on monthly balances of PantherCARD holder accounts; and Other revenue areas.
Vendor must propose the revenue share on Appendix IV and include it with its Proposal.
25 October 27, 2010
4.6.3 Vendor Support to the University
Vendor shall describe in its Proposal any additional benefits that may accrue to FIU if Vendor is awarded the exclusive rights to integrate with the PantherCARD under this Contract, such as:
o Contributing to the Campus Initiative Fund (e.g., scholarships, student orientations, etc.)
o Providing Funds for Student Internships o Contributing to the Campus Merchandise Fund (e.g., promotional items,
bookstore merchandise, etc.) o Hiring a Student On-Campus Retail Bank Representative o Unrestricted contributions for University strategic initiatives o Contributing to the Charitable Endowment Fun o Other
4.6.4 All payments shall be delivered to:
FLORIDA INTERNATIONAL UNIVERSITY MODESTO A. MAIDIQUE CAMPUS OFFICE OF BUSINESS SERVICES 11200 S.W. 8th STREET, DC 123 MIAMI, FL 33199 ATTN: LEJEUNE MARCH
Successful Vendor may arrange EFT payments with the Office of the Controller.
4.6.5 The Successful Vendor shall remit any sales tax on Product sold to the consumer directly to the State of Florida and provide proof of such to the FIU Business Services Representative.
4.7 Standard Financial Reports
4.7.1 Monthly On-Campus Retail Banking Operation Reports
The Successful Vendor will provide FIU with a soft copy of its Monthly On-Campus Retail Banking Operation Report, on or before the tenth (10th) day after the end of each month, in Microsoft Excel or CSV. The report will include, at a minimum, the following information for On-Campus Retail Banking:
Gross revenue; Gross Revenue by specific service and category; and Tax amounts paid to the State where required.
Vendor must submit a sample Monthly On-Campus Retail Banking Operation Reports with its Proposal.
26 October 27, 2010
4.7.2 Annual Report
The Successful Vendor will maintain separate accounting records for its operations conducted at FIU as a result of the Contract. At the end of each FIU Fiscal Year, and at the end of the Contract if terminated early by either party, the Vendor will furnish FIU, with an Annual Report including a summary of the sales for each month of FIU’s Fiscal Year, no later than thirty (30) days after the end of FIU’s Fiscal Year or expiration of the Contract. Vendor must submit a Sample Annual Report with its Proposal.
4.7.3 Retention of Records and Audits
The Successful Vendor is strictly accountable for all receipts, disbursements, collections, refunds, delinquency and any applicable reports related to the On-Campus Retail Banking Service, and will reconcile these records and reports with the FIU Business Services Representative as required from time-to-time in writing. The Successful Vendor must keep these accounting records on file at the Vendor’s office for accessibility and for review or audit upon demand, with prior reasonable notice, for the term of the Contract and for five (5) years thereafter. The Successful Vendor must have the all financial records relating to the Contract audited by a Certified Public Accountant annually, and must submit the audit report to FIU within ten (10) days of receipt of such report.
4.7.4 Additional Reports or Data
FIU may request additional data files or reports from time-to-time, and Successful Vendor will provide such data and reports in a reasonable amount of time. If permanent changes need to be made in the data included in the reports because certain information is required by a higher authority, the Successful Vendor will collect and provide such data and/or reports to FIU on a continued basis. Data files must be Microsoft Excel or CSV.
4.8 Annual Operational Plan
By July 1st of each Contract Year, the Successful Vendor will provide to FIU an Operational Plan for the upcoming FIU Fiscal Year. The Operational Plan must accommodate the growth of FIU facilities and the University Community, advances in on-campus retail banking and/or technological changes, and/or changes in legal or service requirements related to on-campus retail banking.
The Operational Plan must also include updates regarding Successful Vendor’s marketing strategies, as approved by the FIU Business Services Representative.
4.9 Semi-Annual Marketing Presentation
Every six (6) months the Successful Vendor will give a presentation to the Office of Business Services of its previous six (6) months performance and its plans to grow on-campus retail banking for the next six (6) months.
27 October 27, 2010
4.10 Customer Service
4.10.1 Customer Service
Recognizing that the success of the On-Campus Retail Banking Service is dependent on a favorable response from the University Community, the Successful Vendor will maintain good public relations with the University Community and maintain good working relationships with FIU’s Business Services Office. The Successful Vendor will promote consistent and effective communication, as well as facilitate resolution of issues with the customer and with FIU’s service areas and departments. Vendor should provide policies and procedures, or other applicable documents in its Proposal, that illustrate the Vendor’s policies and customer service options.
4.10.2 Quality of Services
The Successful Vendor must provide the highest quality of On-Campus Retail Banking Service. The Successful Vendor and its employees shall act in a manner that is highly conducive to Customer Service and will be considerate of the customers’ needs. Therefore, the Successful Vendor must create an environment that provides to the University Community and to its customers reliable, cost-effective, and customer service oriented services and quality products without bias or favoritism.
4.10.3 Communications with Business Services
The Successful Vendor will advise the FIU Business Services Representative in writing of any property damage, theft, or any safety hazard immediately upon discovery, and the FIU Business Services Representative will contact the appropriate departments, such as FIU Police Department, to inform them of the issues.
If applicable, the Successful Vendor will notify the FIU Business Services Representative in writing of any critical or adverse safety or health violation or inspection, and/or employee safety or health violation or inspection, immediately upon discovery. The Successful Vendor will also advise how it will take action to correct these problems in a written action plan to be forwarded to FIU Business Services Representative within twenty-four (24) hours (or sooner, if necessary); and discuss all pertinent issues, solutions and time constraints involved with FIU Business Services Representative.
4.10.4 Quarterly Review Meetings
The Successful Vendor will meet with the FIU Business Services Representative face-to-face, on a quarterly basis, to discuss the On-Campus Retail Banking Service and marketing initiatives, to review the sales and growth objectives, and to set sales and growth objectives for the next quarter.
28 October 27, 2010
4.10.5 Changes to Services
The Successful Vendor will be responsible for, complying with FIU’s prerequisites for making any changes in services offered. University approval of such requests may be contingent upon the changes becoming effective during specific time periods, such as only during changes in academic or fiscal years. The Successful Vendor will be required to give sufficient advance notice to the University Community with regards to any approved requests for adjustments in services.
4.10.6 Survey of Customer Satisfaction
Vendor shall assess customer satisfaction at the FIU Campus(es) on at least a quarterly basis. Successful Vendor will provide FIU with a form and process for this assessment, along with a summary of the survey findings in its Annual Report.
4.11 Personnel
4.11.1 Qualities
The Successful Vendor will assign only those persons who have the training and good habits, attitude, personal hygiene, ethics and who are judged to be suitable in the atmosphere of an academic institution to perform work under the Contract. FIU may demand an immediate change of the management and the personnel serving the FIU Campuses without recourse, but will exercise that right judiciously.
4.11.2 Staffing
Vendor’s proposed staffing must include adequate numbers of appropriately trained and experienced personnel to efficiently accommodate customers, and to respond to the customer’s inquiries.
4.11.3 Management
The Successful Vendor shall provide an adequate management staff qualified in the area of service for both the administrative and the operational duties and responsibilities for managing the On-Campus Retail Banking Service. Describe the proposed management team, the criteria for the selection of management personnel, as well as information on the Vendor's management training program in the Proposal.
FIU reserves the right to approve or to disapprove the appointment of the manager and key personnel.
29 October 27, 2010
4.12 Facilities and Equipment
4.12.1 Licensed Premises
The Successful Vendor will be located into a 1,200 sq. ft. space located in the Promenade of the Gold Garage (see, Exhibit “E”) solely for purposes of providing On-Campus Retail Banking Services to the students, faculty and staff, as well as alumni and affiliate members or non-University customers at MMC, and for no other purposes whatsoever. The on-campus retail bank must be open and fully operational in the Licensed Premises by no later than August 1, 2011.
The Licensed Premises will be provided to Successful Vendor with a minimally finished interior, consisting of an A/C system, basic lighting, electrical switches and basic electric outlets. Walls, floor and ceiling finishes are not included. Restroom facilities for the general public will be provided by the University. All additional improvements will be completed with Successful Vendor’s capital investment funds as outlined in its Capital Investment Plan.
Successful Vendor shall not, without written consent of the University, permit the Licensed Premises to be occupied by any person, firm, or corporation other than the Successful Vendor. In the event the Successful Vendor uses the space for any purpose not expressly permitted herein, the University may immediately terminate the Contract or may restrain such improper use by injunction or other legal action.
4.12.2 Signage
Successful Vendor shall have the right to place signage regarding On-Campus Retail Banking Services, including ATM’s, on the Licensed Premises, subject to FIU’s pre-approval in writing. If Successful Vendor’s signage is not permitted by FIU or governmental authorities on the Licensed Premises, FIU and Successful Vendor shall come to an agreement as to a reasonable location to place substitute signage. Successful Vendor shall be solely responsible for the cost of the signage, lettering and logo on the Licensed Premises. In placing a sign on the Licensed Premises or substitute location, Successful Vendor shall comply with all applicable governmental requirements, as well as FIU’s color scheme and standards.
4.12.3 Fixtures
The Successful Vendor shall be responsible for providing all equipment and fixtures as may be necessary for the successful provision of On-Campus Retail Banking Service.
Successful Vendor shall be responsible for the cost of and for providing proper maintenance and repair of Successful Vendor-owned equipment and fixtures, including related repair parts and supplies.
30 October 27, 2010
4.12.4 Maintenance/Sanitation
Successful Vendor shall take reasonable and proper care of the Licensed Premises. In the event that the Licensed Premises are damaged, Successful Vendor shall reimburse University for the cost of repair or replacement of same (excluding any damaged caused by the University).
The Successful Vendor shall be responsible for normal, wear and tear type maintenance and repairs such as, but not limited to, painting, light bulb or lamp replacements, ceiling tile replacements, wall treatments, window treatments, additional electrical outlets and phone lines, and so forth.
The University will only be responsible for major structural repairs to the Licensed Premises provided that such repairs are due to the actions of FIU. If such repairs are required for any other reason, the cost of repairs shall be the responsibility of the Successful Vendor. Such repairs will be made, as the University should decide, either by the University or by an independent contractor. The University, through its authorized representatives, reserves the right to enter the Licensed Premises for purposes of inspecting the same or making repairs, alterations or additions thereto or to other parts of the building in which the On-Campus Retail Banking Service are located.
The University and its agents shall only have the right to enter and inspect the Licensed Premises during regular business hours, or such other time as mutually agreed upon between FIU and Successful Vendor, to make such repairs, alternations or improvements as the University may deem necessary.
To the extent practical, Successful Vendor agrees to begin a comprehensive recycling program within sixty (60) days after the start of the Contract.
Vendor acknowledges the receipt of the following notice as required by Section 404.056, Florida Statutes. “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to the persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in Florida. Additional information regarding radon and radon testing may be obtained from your county heath unit.
Successful Vendor shall be responsible for, at its own expense, monthly pest control and extermination services in order to maintain sanitary standards and cleanliness in the Licensed Premises. In the event the University is dissatisfied with Successful Vendor’s efforts to keep all areas free from insects, pests, roaches and so forth, the University reserves the right to take such steps as necessary to correct any problem of this nature, at the Successful Vendor’s expense.
4.13 Safety and Health
Successful Vendor shall comply with the Occupational Safety and Health Act (OSHA) of 1970, Florida Department of Labor and Employment Security Standards or the applicable regulations promulgated under these laws. Successful Vendor shall take reasonable and proper care and shall use and maintain facilities and equipment under its care, custody and control in a
31 October 27, 2010
reasonable manner which shall not cause violation of these laws or their applicable regulations, including reporting and record keeping requirements.
Successful Vendor shall comply and confirm to all applicable fire and public safety laws, regulations, ordinances, code requirements, as well as the University’s own policies, procedures and regulations.
4.14 Utility Services
The University will make electricity, and air conditioning available to the Successful Vendor, however, Successful Vendor will be responsible for establishing and maintaining utility accounts and for paying all charges for air conditioning and electricity consumed.
Successful Vendor is responsible for the cost of local and long distance telephone calls; message unit charges; all line costs; installation of new telephone lines and equipment; monthly equipment charges for all telephones, data phone or similar service, and all other telephone equipment and related service charges.
Vendor may request reasonable, additional utility requirements in its proposal which the University will consider providing at an additional cost. The University will not be required to provide or pay for the installation of additional electric lines, plumbing drains, fans, duct work, etc., the provision of which will be the sole responsibility of the Successful Vendor(s).
4.15 Security and Illegal Acts
Successful Vendor shall be responsible for the securing of all monies and for armored vehicle deliver services that it deems prudent and necessary.
Successful Vendor shall be responsible for the cost of contracted security personnel that it deems prudent and necessary.
Successful Vendor shall be responsible for acts of theft and other illegal acts committed by its own employees and any financial loss shall not affect payment of the License Fee to the University.
4.16 Capital Investment
The Successful Vendor is responsible for making a capital investment for the construction, furnishing and complete outfitting of the Licensed Premises for the On-Campus Retail Banking Service (“Capital Investment Plan.”).
The Licensed Premises will be delivered to Successful Vendor in the condition described in Section 4.12.1, Licensed Premises. Successful Vendor should plan to design and install, at its expense, all necessary floorings, internal walls, ceilings, lighting, finishes, trade fixtures, signs, or other equipment and furnishings as needed, as well as all computer hardware, safes, telephones, computer network and telephone connections, security devices and systems, and any other equipment necessary for their operation.
32 October 27, 2010
Vendor shall include a complete description of its Capital Investment Plan in its proposal. Any such plans, and the final design of the Licensed Premises, shall be subject to modifications and approval by the University, and are subject to all rules and procedures required for Construction by the State University System. Vendor will also clearly identify in its proposal how the proposed contractors will be selected.
Vendor agrees that the extent and nature of any capital investment above and scheduling of same shall be mutually agreed upon with the University.
After the completion of the capital investment project, Successful Vendor shall provide the University with the actual cost of the project and sufficient supporting documentation to justify this actual cost. All such improvements shall be maintained by Successful Vendor in good condition over the term of the Contract.
4.17 Other
4.17.1 Emergency Actions
If, because of reasons beyond the control of FIU (i.e., fire, weather, operational closings (local, state or federal mandated), or suggested closings), business operations at FIU or in any facility on the FIU Campuses is interrupted or stopped, FIU shall have no liability for any loss of Product, service costs or any other applicable losses. Furthermore, in such emergency or extenuating circumstances, FIU has the right to suspend the Contract by giving written notice to Successful Vendor of such by certified mail, without penalty.
4.17.2 Performance Bonds
The Successful Vendor will furnish an original performance bond with a good and sufficient surety or sureties licensed to do business in the State of Florida, payable to, in favor of, and for the protection of FIU within thirty (30) calendar days of Successful Vendor’s receipt of the official written notice of intent to award. The amount of the performance bond will be negotiated with the Successful Vendor. The Successful Vendor will renew the performance bond prior to each successive year of the Contract term and any renewal or extension terms. Performance bonds should be issued to the Florida International University Board of Trustees and sent to the attention of the Director of Purchasing at the FIU Purchasing Department’s mailing address.
5.0 SPECIFICATIONS FOR INTEGRATION WITH PANTHERCARD
The Successful Vendor will integrate with the PantherCARD, operating off of a second high coercivity magnetic stripe on the back side of the PantherCARD, and will be granted the exclusive right to provide these services. This means that no vendor other than the Successful Vendor will be permitted to integrate with the PantherCARD. These are the only exclusive rights that are provided to the Successful Vendor that is awarded a Contract under this competitive solicitation.
33 October 27, 2010
5.1 PantherCARD
The design of the PantherCARD is the property of FIU and may be subject to change from time to time, at FIU’s sole discretion.
After integration with the Successful Vendor, the proposed new PantherCARD will be a standard CR80 PVC high grade card with two high coercivity magnetic stripes on the back side. The first stripe will be encoded with the card holder’s Panther ID number and a lost card code, as well as a school code which is assigned by CBORD, the University’s current card system software provider. The second stripe will be encoded with the Successful Vendor’s information, which will remain the property of the Successful Vendor. The back of the card will contain the 14 digit barcode number assigned to the card holder by FIU, a bar code used for the University’s management of library privileges, and the logo of the Successful Vendor. The front of the card will contain the card holder’s name, picture, affiliation with FIU and date the card was issued; all of which are still populated by FIU. Detailed specifications of the proposed new PantherCARD layout are attached as Exhibit “B”.
5.1.1 Issuance of PantherCARD
To receive a PantherCARD, members of the University Community visit the PantherCARD Office in person and present a photo ID and proof of registration for the term or employment with the University. Once the information is verified, the card holder’s picture is taken and the card holder signs a signature tablet so that their signature may appear on the issued card. The card holder waits briefly for the PantherCARD to be printed and encoded with personal information. The card holder receives the PantherCARD and signs a paper log acknowledging receipt thereof. University students may subsequently activate the barcode located on the back of the card at the any of the FIU Libraries, or online at http://library.fiu.edu/AboutUs/ DepartmentsServices/AccessServices/ActivateLibraryCard/tabid/417/Default.aspx.
5.1.1.1 Initial Mass PantherCARD Re-carding
The conversion to the new PantherCARD will require an initial mass re-carding of all active PantherCARD holders during Summer 2011 (June to August 2011). The cost of card reissuance will be paid for by the Successful Vendor. The cost per card is not to exceed $1.50 per card, with an estimated number of cards to be issued of 60,000. Successful Vendor accepts a 10% variance in the number of cards to be reissued.
5.1.1.2 Potential Future Mass Reissue
Should Successful Vendor merge with another financial institution, or otherwise change the name of its business, Successful Vendor will pay for the cost of a PantherCARD mass reissuance. Otherwise, should enhancements to the PantherCARD require a re-issue in the future, the cost of reissuance will be paid for by the party requesting reissuance.
34 October 27, 2010
5.1.1.3 CBORD Annual Maintenance Fee
The Successful Vendor will contribute $30,000 each FIU Fiscal Year towards the cost of the annual maintenance fee for the CBORD operating software.
5.1.1.4 PantherCARD Support Services
The PantherCARD Office will continue to perform the PantherCARD support services currently in place (e.g., issuance of PantherCARD, maintenance of student information, library, processing of meal plans and book loans, access to University various services and facilities, etc.). Successful Vendor shall provide a toll-free number for On-Campus Retail Bank account inquiries, notification of lost and stolen cards and other customer service issues.
5.1.2 Activation of PantherCARD Debit/ATM Services
The Successful Vendor must have the ability to activate debit/ATM services at the Licensed Premises, mobily on-campus locations reasonably designated by the University, as well as at all of Successful Vendor’s local branches. Due to the number of on-campus services provided by using the PantherCARD, the card holder will not be able to relinquish control of the card for any purpose. University and Successful Vendor will work together to create a physical process that University students will follow to activate the banking debit/ATM functionality with their PantherCARD.
The Successful Vendor is required to attend all student and employee orientations and make additional staff available to FIU students, faculty or staff to assist those who want to establish an account with Successful Vendor and PIN their card for Debit/ATM services at that time. The Successful Vendor must have the ability to activate these cards via telephone or via mobile and/or handheld terminals.
5.1.3 Debit/ATM Capabilities
The Successful Vendor must be able to utilize the PantherCARD to provide debit and ATM services to those card holders that elect to establish a banking relationship with the Successful Vendor. Card holders will not be required to establish a banking relationship with the Successful Vendor, however, PantherCARD holders will need to establish a banking relationship with the Successful Vendor in order to add banking debit/ATM services on their card. Should an FIU student decide to establish an account, there should be no additional charge(s) to the PantherCARD holder other than those normally associated with the banking account relationship.
The Successful Vendor will be responsible for the cost of any equipment and providing personnel required to initiate Successful Vendor’s debit/ATM relationship on the PantherCARD.
Vendor should include in its proposal the financial networks (i.e., Honor, Cirrus, Plus) with which the PantherCARD would be affiliated.
35 October 27, 2010
5.1.4 Financial Aid Disbursement
Each semester FIU receives financial aid that it disburses to students. FIU disbursed $232 million and $312 million to students in FY2008-09 and FY 2009-10, respectively. Currently unused financial aid funds are returned to the students as a refund by check, or by ACH transfer to the student’s account with their financial institution. Once an agreement has been entered into with the Successful Vendor, the student will also have the option to receive their unused financial aid funds as a refund by ACH to the student’s account with Successful Vendor and tied to the student’s PantherCARD. FIU will continue this policy with the Successful Vendor, unless federal or state regulations prohibit the policy. A link and excerpt from the Federal Student Aid Handbook is attached as Exhibit “H”.
Students who elect to have their FIU refund sent to the bank via ACH cannot be charged fees for opening the account or withdrawing funds at the bank or its ATM’s.
5.1.5 PantherCARD Operating Software
The Successful Vendor must have the ability to integrate with the University’s current PantherCARD Operating Software, CBORD. Information regarding CBORD is attached as Exhibit “F.”
6.0 GENERAL TERMS
6.1 Insurance
The Successful Vendor shall provide and keep in full force and effect during the term of Contract, at the Successful Vendor’s own cost and expense, the following insurance policies for the joint benefit of the Successful Vendor and FIU, with an insurer reasonably acceptable to FIU:
Commercial General Liability $2,000.000 General Aggregate (minimum) (a) Bodily Injury & Property Damage $1,000,000 Each Occurrence (minimum) (b) Products/ Completed Operations $1,000,000 (c) Advertising & Personal Injury $1,000,000 (d) Contractual Liability $1,000,000 (e) Medical Payments Optional Workers’ Compensation Statutory Limits Professional Liability/Errors & Omissions $1,000,000 (minimum) In order for Vendor to show that it can satisfy this requirement, the Vendor must include in its solicitation response one of the following:
a. A letter from Vendor’s insurer stating that the Vendor meets the currently specified insurance requirements, or
36 October 27, 2010
b. A commitment letter from an insurer that if awarded a contract, Successful Vendor will have access to such coverage.
The Successful Vendor shall deliver to: FIU Purchasing Services Department, Campus Support Complex, CSC 411, 11200 S.W. 8th Street, Miami, Florida 33199, true and correct copies of certificates of such insurance within ten (10) business days of notice of formal award.
The policies and the certificates shall name The Florida International University Board of Trustees, Florida International University, the State of Florida, The Florida Board of Governors, and their respective trustees, directors, officers, employees and agents as additional insureds and/or loss payee as appropriate to the type policy, shall state that the Successful Vendor’s policy shall be primary and that any insurance carried by FIU shall be noncontributing with respect thereto.
If the Professional Liability insurance coverage is provided on a claims-made basis, The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this agreement and shall continue throughout the term of this Agreement and upon the termination of this Agreement, and the expiration, cancellation or non-renewal of this insurance, Vendor shall purchase tail coverage for a period of three years after the termination of this Agreement or the expiration, cancellation or non-renewal of the claim-made coverage (said tail coverage shall be in amounts and type equivalent to the claims-made coverage).
The policies shall provide for thirty (30) days prior written notice to FIU in the event of cancellation or reduction in coverage or amount. If the Successful Vendor fails to secure and maintain insurance policies complying with the provisions of this agreement, FIU may terminate the Contract. Successful Vendor shall do nothing that will adversely affect FIU, in any way, including increasing risks, insurance premiums or liability.
In addition to the insurance required to be obtained and maintained by the Successful Vendor, if the Successful Vendor assigns any portion of the duties under the Contract in accordance with the terms thereof, each subcontractor or assignee is required to purchase and maintain insurance coverage that adequately covers each subcontractor’s or assignee’s exposure based on the type of services they are providing in connection with this Contract.
The Successful Vendor shall immediately notify FIU if the Successful Vendor's Commercial General Liability insurance contains any restrictive endorsements other than those restrictive endorsements normally included on standard ISO Commercial General Liability occurrence or claims made forms.
FIU reserves the right to cancel any award made or cancel the Contract if Successful Vendor fails to supply and/or maintain the required coverage.
Should Vendor take exception to the stated insurance requirements in its solicitation response, such will be grounds for disqualifying Vendor’s solicitation response.
Successful Vendor’s procuring of the required insurance shall not relieve the Vendor of any obligation or liability assumed under the Contract, including specifically the indemnity
37 October 27, 2010
obligations. The Successful Vendor may carry, at his own expense, such additional insurance, as Vendor deems necessary. FIU recommends that the Successful Vendor obtain and maintain a policy of business interruption insurance. The Successful Vendor shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of Vendor’s operations within the scope provided for under the Contract, and shall cooperate in all litigated claims and demands, arising from said operations, which its insurance carrier or carriers are requested to respond.
6.2 Workers’ Compensation
The Successful Vendor shall have and maintain during the life of the Contract, Workers’ Compensation Insurance for all of its employees connected with the work related to the competitive solicitation. In the event any work related to the competitive solicitation is sublet or subcontracted, the Vendor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Vendor. Such insurance shall comply fully with the Florida Workers’ Compensation law. In case any class of employees engaged in hazardous work under the Contract at the site of the project is not protected under Workers’ Compensation, the Vendor shall provide, and cause each subcontractor to provide, adequate insurance for the protection of such employees.
6.3 Safety
FIU seeks to furnish its students and employees with a place of work and study that is free from recognized hazards that are causing or are likely to cause death or serious physical harm, and one that complies with occupational health and safety standards promulgated under Occupational Safety and Health Act of 1970 (OSH ACT). Therefore, the Successful Vendor is required to comply with the occupational safety and health standards and all rules, regulations, and orders issued pursuant to the OSH ACT while on the University’s premises.
6.4 Compliance With Laws and Regulations
The Successful Vendor shall use its best efforts to assure that Vendor and its employees, agents and subcontractors comply with all applicable laws and FIU’s site regulations while performing the Contract and/or while on the University’s premises.
6.5 Parking
The Successful Vendor shall ensure that all of the Vendor’s and Vendor’s employees’, agents’ and subcontractors’ vehicles parked on the University premises have proper parking permits. All vehicles must be registered with, and have parking permits purchased from FIU’s Parking Services Department properly displayed. Vendor and Vendor’s employees, agents and subcontractors shall observe all parking regulations. The failure to purchase parking permits, properly display them, and otherwise comply with all FIU’s parking regulations could result in the ticketing and/or the towing of Vendor’s or Vendor’s employees’, agents’, and subcontractors’
38 October 27, 2010
vehicles. For additional parking information, contact FIU’s Department of Parking and Transportation at (305) 348-3615.
6.6 Public Entity Crimes
In accordance with Florida Statutes §287.133(2)(a), a vendor who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal; may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, including FIU; and may not transact business with FIU in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date being placed on the convicted vendor list. By submitting a solicitation response, Vendor is certifying that Vendor is not on the convicted vendor list maintained by the Florida Department of Management Services, and Vendor is also certifying that any subcontractor listed in Vendor’s solicitation response is not on the convicted vendor list.
6.7 Waiver of Rights and Breaches
No right conferred on FIU by this competitive solicitation or resulting Contract, if any, shall be deemed waived and no breach of any such Contract excused, unless such waiver of right or excuse of breach is in writing and signed by FIU. FIU’s waiver of a right or breach shall not constitute a waiver or excuse of any other right or breach.
6.8 Conflict of Interest
The award of this competitive solicitation is subject to the provisions of Florida Statutes Chapter 112. Vendor must disclose in its solicitation response the name of any officer, director, or agent of the Vendor who is also an employee of FIU, or of the State of Florida or of any of its agencies.
Further, Vendor must disclose in its solicitation response the name of any FIU or State employee who owns, directly or indirectly, an interest of five (5%) or more of the Vendor’s company or any of its affiliates or branches.
In addition, in accordance with Section 112.3185, Florida Statutes, by submitting a solicitation response, the Vendor certifies that, to the best of its knowledge and belief, no individual employed by the Vendor or subcontracted by the Vendor has an immediate relationship to any FIU employee who was or is directly or indirectly involved in any way in the drafting, evaluating, or awarding of this competitive solicitation.
Failure to disclose the required information or violation of Section 112.3185, Florida Statutes, shall be grounds for rejection of Vendor’s solicitation response, cancellation of an intent to award, and/or cancellation of any Contract with the Vendor.
6.9 Covenant Against Commissions, or Brokerage and Contingent Fees
By submitting a solicitation response, the Vendor warrants that Vendor has not employed or retained any person or entity, other than a bona fide employee working solely for the Vendor, to
39 October 27, 2010
solicit or secure any award or Contract resulting from this competitive solicitation or to solicit or secure any other advantage related to this competitive solicitation. By signing a Contract with FIU, Successful Vendor warrants that the Successful Vendor has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Successful Vendor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the Contract. In the event Successful Vendor’s breach or violation of this warranty, FIU has the right to annul any Contract with such Successful Vendor resulting from this competitive solicitation, without liability, and to deduct from any amounts otherwise payable to Vendor under such Contract the full amount of such fee, commission, percentage, gift, or other consideration, and to pursue any other remedy available to FIU under such Contract, at law or in equity.
6.10 Disposition of Solicitation Responses
All solicitation responses become the property of FIU, and FIU shall have the right to use all ideas, and/or adaptations of those ideas, contained in any solicitation response received in response to this competitive solicitation. Any parts of the solicitation response, and any other material(s) submitted to FIU with the solicitation response that are copyrighted or expressly marked as “confidential”, “proprietary”, or “trade secret”, will be exempt from the public records disclosure requirements of Chapter 119, Florida Statutes, only to the extent expressly authorized by Florida law. FIU’s selection or rejection of a solicitation response will not affect this exemption.
6.11 Licensing Requirements
To the extent applicable, Vendor shall have all appropriate licenses to conduct business in the State of Florida and Miami-Dade County at or prior to award of a contract resulting from this competitive solicitation; Vendor must provide proof of such to FIU as a condition of award of a contract.
6.12 Subcontractors
If Vendor contemplates the use of subcontractors, as a further condition of award of a contract, the Vendor must certify in writing that all of its subcontractors are appropriately licensed and are registered with the State of Florida in accordance with Florida Statutes Chapters 607 or 620, and such statement will include any subcontractors’ corporate charter numbers. For additional information on registering, Vendors should contact the Florida Secretary of State’s Office.
The Successful Vendor is fully responsible for all work performed under the Contract resulting from this competitive solicitation. The Successful Vendor may, with the prior written consent of FIU, enter into written subcontract(s) for performance of certain of its functions under such Contract. The subcontractors and the amount of the subcontracts shall be identified in the Vendor's solicitation response. Vendor’s subcontracts shall not be implemented or effective until and unless approved in writing by FIU. No subcontract which the Vendor enters into related to the Contract shall in any way relieve the Vendor of any responsibility for performance of its duties under the Contract. Vendor will fully notify any subcontractors of Vendor’s
40 October 27, 2010
responsibilities pursuant to the FIU Contract in Vendor’s subcontract(s) with a subcontractor(s) for work related to this competitive solicitation. Vendor is solely responsible for all payments to its subcontractors.
6.13 Small Business Minority Enterprise (SMBE) Reporting
It is the FIU’s policy (consistent with state and federal law), to optimize opportunities for business contracting with small, minority and disadvantaged business enterprises in the areas of commodities, construction, contractual services, and architectural and engineering services.
Vendors are likewise encouraged to use the small, minority and disadvantaged business enterprises and to have a business diversity program in place. The Successful Vendor shall report all minority subcontractors, identifying the Name, Address, Type of Certification and Dollar Amount to FIU with each invoice submitted for payment.
For more information on becoming a State of Florida Certified Minority Business (CMBE), to request certification or to locate CMBEs, please contact the Office of Supplier Diversity, Department of Management Services at (850) 487-0915.
6.14 Equal Opportunity Statement
FIU believes in equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination, and FIU is committed to non-discrimination based on race, color, religion, sex, national origin, Veteran status, marital status, age or disability. The Successful Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, Veteran status, marital status, age or disability. Successful
The Successful Vendor will comply with the provisions of Executive Order 11246, September 24, 1965, as amended by Executive Order 11375, and the rules, regulations and relevant orders of the Secretary of Labor that are applicable to each order placed against the Contract regardless of value.
The Successful Vendor will comply with the Americans with Disabilities Act (ADA) of 1990, as revised.
If the Vendor anticipates receiving $10,000 in orders during the first 12 months of the Contract, Vendor’s authorized representative must complete, sign and date a Certificate of Non-Segregated Facilities form and include the form in its solicitation response. The certificate is attached as APPENDIX II.
If the Successful Vendor anticipates receiving $50,000 in orders during the first 12 months of the Contract, and employs more than 50 people, the Successful Vendor will complete and file prior to March 1 of each year a standard form 100 (EEO-1), and will maintain a written program for affirmative action compliance that is available for review upon FIU’s request.
41 October 27, 2010
6.15 Vendor’s Employment of Unauthorized Aliens
Employment of unauthorized aliens is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Vendor knowingly employs unauthorized aliens, such violation shall be cause for FIU’s unilateral cancellation of the Contract.
42 October 27, 2010
APPENDIX I
CONDITIONS AND REQUIREMENTS
SUPPLEMENTAL SOLICITATION RESPONSE SHEET
Those items in the following Sections of this competitive solicitation and the Sections of the Appendix III (Sample License Agreement) must each be initialed under either YES to indicate that the Vendor understands and agrees to the entire Section or NO to indicate that the Vendor does not agree to the entire Section. Failure to complete and return this document with your solicitation response could result in rejection of your solicitation response. Vendors shall not check items as YES (understood and agreed to) for purposes of submitting a solicitation response with the hopes of later negotiating a change of those conditions and requirements. If a Vendor does not understand or agree with any of the conditions or requirements, the Vendor should attempt to resolve the issue by communicating appropriately with the Authorized FIU Representative prior to the Solicitation Response Due Date. Vendor’s failure to accept said conditions and requirements is grounds for FIU’s rejection of Vendor’s solicitation response.
SECTION YES NO VENDOR INITIAL
1.0 _______ _______ _______
1.1 _______ _______ _______
1.2 _______ _______ _______
1.3 _______ _______ _______
1.4 _______ _______ _______
1.5 _______ _______ _______
1.6 _______ _______ _______
1.7 _______ _______ _______
2.0 _______ _______ _______
2.1 _______ _______ _______
2.2 _______ _______ _______
2.3 _______ _______ _______
2.4 _______ _______ _______
2.5 _______ _______ _______
SECTION YES NO VENDOR INITIAL
43 October 27, 2010
2.6 _______ _______ _______
2.7 _______ _______ _______
2.8 _______ _______ _______
2.9 _______ _______ _______
2.10 _______ _______ _______
2.11 _______ _______ _______
2.12 _______ _______ _______
2.13 _______ _______ _______
2.14 _______ _______ _______
2.15 _______ _______ _______
3.0 _______ _______ _______
3.1 _______ _______ _______
3.2 _______ _______ _______
3.3 _______ _______ _______
3.4 _______ _______ _______
3.5 _______ _______ _______
3.6 _______ _______ _______
4.0 _______ _______ _______
4.1 _______ _______ _______
4.2 _______ _______ _______
4.3 _______ _______ _______
4.4 _______ _______ _______
4.5 _______ _______ _______
SECTION YES NO VENDOR INITIAL
44 October 27, 2010
4.6 _______ _______ _______
4.7 _______ _______ _______
4.8 _______ _______ _______
4.9 _______ _______ _______
4.10 _______ _______ _______
4.11 _______ _______ _______
4.12 _______ _______ _______
4.13 _______ _______ _______
4.14 _______ _______ _______
4.15 _______ _______ _______
4.16 _______ _______ _______
4.17 _______ _______ _______
5.0 _______ _______ _______
5.1 _______ _______ _______
6.0 _______ _______ _______
6.1 _______ _______ _______
6.2 _______ _______ _______
6.3 _______ _______ _______
6.4 _______ _______ _______
6.5 _______ _______ _______
6.6 _______ _______ _______
6.7 _______ _______ _______
6.8 _______ _______ _______
SECTION YES NO VENDOR INITIAL
45 October 27, 2010
6.9 _______ _______ _______
6.10 _______ _______ _______
6.11 _______ _______ _______
6.12 _______ _______ _______
6.13 _______ _______ _______
6.14 _______ _______ _______
6.15 _______ _______ _______
(ENUMERATE T’S AND C’S FROM APPENDIX III - Sample License Agreement)
1. _______ _______ _______
2. _______ _______ _______
3. _______ _______ _______
4. _______ _______ _______
5. _______ _______ _______
6. _______ _______ _______
7. _______ _______ _______
8. _______ _______ _______
9. _______ _______ _______
10. _______ _______ _______
11. _______ _______ _______
12. _______ _______ _______
13. _______ _______ _______
14. _______ _______ _______
15. _______ _______ _______
SECTION YES NO VENDOR INITIAL
46 October 27, 2010
16. _______ _______ _______
17. _______ _______ _______
18. _______ _______ _______
19. _______ _______ _______
20. _______ _______ _______
21. _______ _______ _______
22. _______ _______ _______
23. _______ _______ _______
24. _______ _______ _______
25. _______ _______ _______
26. _______ _______ _______
27. _______ _______ _______
28. _______ _______ _______
29. _______ _______ _______
30. _______ _______ _______
31. _______ _______ _______
32. _______ _______ _______
33. _______ _______ _______
34. _______ _______ _______
35. _______ _______ _______
36. _______ _______ _______
37. _______ _______ _______
38. _______ _______ _______
SECTION YES NO VENDOR INITIAL
47 October 27, 2010
39. _______ _______ _______
40. _______ _______ _______
41. _______ _______ _______
42. _______ _______ _______
43. _______ _______ _______
VENDOR COMPANY NAME
AUTHORIZED SIGNATURE
TITLE
DATE
48 October 27, 2010
APPENDIX II
CERTIFICATE OF NON-SEGREGATED FACILITIES
We,______________________________________________________________________ certify to the Florida International University that we do not and will not maintain or provide for our employees any segregated facilities at any of our establishments, and that we do not and will not permit our employees to perform their services, under our control, where segregated facilities are maintained. We understand and agree that a breach of this certification is a violation of the Equal Opportunity clause required by Executive order 11246 of 24 September 1965.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash room, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise.
We, further, agree that (except where we have obtained identical certifications from proposed subcontractors for specific time periods) we will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that we will retain such certification in our files; and that we will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted certifications for specific time periods):
NOTE TO PROSPECTIVE SUBCONTRATORS OR REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES. A Certificate of Non-segregated Facilities, as required by the 9 May 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, 19 May 1967), must be submitted prior to the award of a sub-contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each sub-contract or for all subcontracts during a period (i.e. quarterly, semiannually, or annually).
NOTE: Whoever knowingly and willfully makes any false, fictitious or fraudulent representation may be liable to criminal prosecution under 18 U.S.C. 1001.
49 October 27, 2010
APPENDIX II
CERTIFICATE OF NON-SEGREGATED FACILITIES
SUBPART - VENDOR'S AGREEMENTS
During the performance of this Contract, the Vendor agrees as follows:
(1) The Vendor will not discriminate against any employee or applicant for employment because of face, color, religion, sex, or national origin. The Vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The Vendor will, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
(3) The Vendor will send to each labor union or representative of workers with which the Vendor has a collective bargaining agreement or other Contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Vendor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of notice in conspicuous places available to employees and applicants for employment.
(4) The Vendor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Vendor will furnish all information and reports required by Executive order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(6) In the event of the Vendor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Vendor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoiced as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
50 October 27, 2010
(7) The Vendor will include the provision of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subVendor or Vendor. The Vendor will take such action with respect to any subcontract or purchase orders the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Vendor becomes involved in, or is threatened with, litigation with a subVendor or Vendor as a result of such direction by the contracting agency, the Vendor may request the United States to enter into such litigation to protect the interest of the United States.
SEC. 402 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era:
(1) The Vendor agrees to comply with the affirmative action clause and regulation published by the US Department of Labor implementing Section 402 of the Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, and Executive Order 11701, which are incorporated in this certificate by reference.
VENDOR COMPANY NAME
AUTHORIZED SIGNATURE
TITLE
DATE
ITN# 01-006
51
APPENDIX III
SAMPLE LICENSE AGREEMENT On-Campus Retail Banking Services
This License Agreement (the “License”) is made and entered into on the date fully executed below by and
between The Florida International University Board of Trustees, whose principal business address is Modesto A. Maidique Campus, 11200 S.W. 8th Street, Miami, Florida 33199 ( “FIU”) and ______________________, a _______________________whose principal business address is ______________ (“________”).
RECITALS
WHEREAS, FIU has requested proposals to provide On-Campus Retail Banking Services (“Services”), pursuant to the ITN; and,
WHEREAS, _______ a Proposal for the provision of the Services (“Proposal”), certain terms of which
were negotiated with FIU; and, WHEREAS, ______ desires to use a certain portion of FIU’s Gold Garage which is more specifically
described on Exhibit A attached hereto and incorporated herein by reference to provide on-campus retail banking services (“Licensed Premises”) to service FIU’s students, facultyand staff, as well as alumni and affiliate members and the general public; and,
WHEREAS, FIU has agreed to authorize ______ to use the Licensed Premises in the Gold Garage (Room approximately 1,200 square feet) on the terms outlined below; and,
NOW THEREFORE, in consideration of the mutual covenants of the parties set forth in this License, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows:
1. Recitals: The above recitals are true and correct and incorporated herein. 2. Contract: ____ will provide the services per the terms and conditions described in the Competitive
Solicitation, attached and incorporated as Exhibit I, and ____’s Solicitation Response, attached and incorporated as Exhibit II. (Note, _____ is also referred to as “Vendor” and “Successful Vendor” in Exhibits I and II.) In the event of conflict between or among terms and conditions in documents pertaining to the Services, such documents shall govern in the following order of precedence: First, this document; Second, the Competitive Solicitation; and Third, ____’s Solicitation Response.
3. Licensed Premises: FIU grants ______ a license to use the Licensed Premises to provide the Services on
the terms provided herein and in accordance with ITN No. ______ (“ITN”) which is attached and incorporated as Exhibit I, and ______ Proposal which is attached and incorporated as Exhibit II. In the event of conflict between or among terms and conditions in documents pertaining to the Services, such documents shall govern in the following order of precedence: First, this document; Second, the ITN; and Third, ______ Proposal.
4. “AS-IS” Condition of Licensed Area: ______ accepts the Licensed Premises and all of its plumbing,
electric, water, fixtures, equipment, and other systems, the parking lot and common areas in “AS IS” condition.
5. Term: The term of this License shall be for a period of five (5) years (each a “Contract Year”) commencing on ______ (“Commencement Date”) and ending on ______ (“Initial Term”). This License may be renewed for one additional five (5) year term, subject to the mutual written agreement of the parties (“Renewal Term”). “License Term” shall mean the Initial Term, the Renewal Term, and any extensions of the License.
6. Uses Authorized: ______ is authorized to use the Licensed Premises to provide the Services only and for
no other purposes, unless mutually agreed to in writing by the parties. ______ shall comply with all applicable laws
ITN# 01-006
52
when providing the Services and carrying out its obligations under this License, including but not limited to the American’s with Disability Act, OSHA and applicable fire and safety laws.
7. Minimum Operating Hours for the Services: ______ shall, at a minimum, maintain the operating hours
for the ______ as outlined in the ITN. ______ must obtain FIU’s prior written approval for any proposed changes to the Minimum Operating Hours for providing the Services.
8. Payment for License: ______ shall pay to FIU a License Fee in the amount of $_______/sq, ft. per year
(i.e., $45,000), payable in advance in equal monthly installments throughout the License Term.
9. Utilities: FIU will make electricity, water, and air conditioning services available to the Licensed Premises; however, ______ is solely responsible for and will promptly pay any and all charges for such utilities and/or any other utilities consumed on the Licensed Premises. ______ is also responsible for all expenses pertaining to telephone services, charges, equipment, and related service charges. In no event shall FIU be liable to ______ for any interruption of utilities or services. ______ shall not be relieved from its obligation to perform the terms of the License in the event of an interruption in utilities.
10. Garbage: ______ will dispose of all garbage appropriately.
11. Security/Supervision: ______ is solely responsible for providing and maintaining all security and
supervision necessary for providing the Services on the Licensed Premises in a safe and secure manner.
12. Maintenance and Repair: Throughout the License Term, ______ shall maintain and repair the Licensed Premises in same condition as commencement of License Term, ordinary wear and tear excepted. ______ shall provide all daily housekeeping, janitorial cleaning, maintenance, and sanitation services (collectively referred to as “Maintenance and Repairs”). If ______ fails to make, maintain, or keep the Licensed Premises in good condition or fails to perform the necessary Maintenance and Repairs, and such failure continues for five (5) calendar days after written notice from FIU, FIU may, but is not obligated to, perform or hire the necessary contractor to perform, any such Maintenance and Repairs, and ______ will pay FIU for the costs thereof.
13. Alterations/Improvements to the Licensed Premises:
a. Capital Improvements/Alterations to the Licensed Premises: ______ , at its own expense, will
make the capital improvements/alternations as outlined in ______’s Capital Investment Plan submitted in response to the ITN.
b. Other Alterations/Improvements: ______ is required to obtain FIU’s prior written approval for any and all alterations or improvements to the Licensed Premises, including those covered in subsection 12.(a) above (collectively “Improvements”). All Improvements to the Licensed Premises shall be at ______ sole expense. All Improvements must be made in accordance with all applicable federal, state, and local laws, rules, regulations, and codes, Florida Board of Governors Regulations, Policies and Procedures, and Florida International University’s Regulations, Policies and Procedures, including but not limited to those relating specifically to construction (collectively “Laws”).
______ shall submit to FIU all proposed plans and specifications for Improvements to the Licensed Premises for prior written approval. FIU shall use its best efforts to provide a response to ______ within thirty (30) days after FIU’s receipt of any such proposed plans and specifications for Improvements. ______ shall coordinate any and all proposed Improvements with FIU’s Facilities Management Department prior to and after commencing same. ______ shall work with and follow the guidance of FIU’s Facilities Management Department on any and all matters related to construction of Improvements, including but not limited to scheduling. ______ shall timely complete all Improvements approved by FIU. All Improvements made by ______ to the Licensed Premises become the property of FIU upon the expiration or termination of the License.
ITN# 01-006
53
______ employees, contractors, agents and/or other representatives (collectively “representatives”) assigned by ______ to perform work in connection with this License are obligated to, and shall be instructed and required by ______ to, comply with this License, and ______ shall ensure that such representatives are licensed and insured in accordance with applicable Laws. ______ representatives must provide FIU and FIU’s Facilities Management Department with any and all documentation, including but not limited to evidence of licensure, prior to commencing work on the Licensed Premises. ______ must also provide, at its own expense, any and all performance and payment bonds required by FIU. Any construction work shall be performed by a general contractor licensed by the State of Florida. Such contractor shall be required to furnish a payment and performance bond given for the benefit of FIU and ______ , in such form and with such good and sufficient surety as may be acceptable to FIU and in conformance with applicable laws. The bonds shall cover the faithful performance of the construction contract in strict compliance with the contract documents, and the payment of all obligations in the full amount of the total contract sum. A copy of the bonds indicating they have been issued by the surety shall be furnished to FIU for its approval prior to the commencement of any improvements. It shall be the obligation of ______ to advise all contractors, materialmen and workers that there can be no right of lien against state property, and that they will be required to look to the surety in the event of nonpayment or non-performance. ______ shall keep FIU advised through FIU’s Office of Facilities Management, either directly or through its contractor, of construction progress so that appropriate inspections to determine compliance with approved renovation plans can be made. Such inspection shall be performed at such stages as would be required for building projects of the State University System for similar property. FIU may require that work not properly inspected be reworked to demonstrate compliance with all applicable laws, building codes and standards and quality levels established herein. ______ acknowledges and agrees that neither FIU, the Florida International University Board of Trustees, the Florida Board of Education, the State of Florida, nor any of their trustees, officers, employees or agents, shall assume any responsibility or liability of any kind or nature for inferior or negligent renovations to the Licensed Premises, nor for personal injury or death to any person, or damage to property because of having approved the contract documents or performed any inspection, notwithstanding that the contract documents may have contained defects of some kind or nature, or the inspections should have revealed a defect or departure from approved renovation plans. Failure to object to any departure from approved renovation plans shall not be deemed a waiver of such renovation plans on the part of FIU. ______ shall retain full responsibility for insuring that construction progresses in accordance with approved renovation plans. FIU, within its sole and exclusive discretion, may waive any right of inspection it might have, or require additional inspections on a reasonable basis if, in the exercise of its sole discretion, such additional inspections are deemed advisable. ______ shall renovate the Licensed Premises expeditiously, in a good, workmanlike manner and substantially in accordance with the approved renovation plans and any change orders previously authorized by FIU and ______ . ______ is responsible for assuring that the work is performed pursuant to the applicable construction contracts between ______ and its general contractor, that all laborers, materialmen and suppliers are paid, and that the Licensed Premises are not subject to any mechanics or materialman’s lien or claim of lien.
14. Regulations Pertaining to Licensed Premises: ______ shall abide by all Florida International University regulations, as may be amended from time to time, governing the Licensed Premises and use of the common or public areas on FIU’s Modesto A. Maidique campus. ______ shall require all of its officers, representatives, and invitees to abide by these regulations while using the Licensed Premises.
15. Governmental Approvals: Permits and Licenses: Prior to commencing the providing of Services,
______ , at its own expense, shall obtain all required governmental approvals, including but not limited to permits and licenses. ______ shall provide FIU with copies of any and all documentation filed and/or received in connection with getting the necessary approvals for the Licensed Premises.
16. No Liens or Encumbrances: ______ shall not allow any liens or any other encumbrances of any type to
the filed against the Licensed Premises. If any such liens or encumbrances are filed against the Licensed Premises
ITN# 01-006
54
as a result of ______ or its officers, employees, agents, invitees or other representatives, or other affiliated persons or entities use or activities on the Licensed Premises, ______ shall, within seven (7) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond or order of a court of competent jurisdiction.
17. Insurance: ______ shall provide and keep in full force and effect during the License Term, at ______
own expense, the following insurance policies for the joint benefit of ______ and FIU, with an insurer reasonably acceptable to FIU: Commercial General Liability $2,000.000 General Aggregate (minimum) (a) Bodily Injury & Property Damage $1,000,000 Each Occurrence (minimum) (b) Products/ Completed Operations $1,000,000 (c) Advertising & Personal Injury $1,000,000 (d) Contractual Liability $1,000,000 (e) Medical Payments Optional Workers’ Compensation Statutory Limits Professional Liability/Errors & Omissions $1,000,000 (minimum)
______ shall deliver to FIU Purchasing Department, at Modesto A. Maidique Campus, 11200 SW 8th Street, CSC 434, Miami, Florida 33199, true and correct copies of certificates of such insurance within seven (7) days of the execution of this License, and within seven (7) days of any subsequent request by FIU. The certificates shall indicate that the policy carries an endorsement (no more restrictive than CG 20 10) which names The Florida International University Board of Trustees, Florida International University, the State of Florida, The Florida Board of Governors, and their respective trustees, directors, officers, employees and agents, as additional insureds and/or loss payee as appropriate to the type policy. ______ policy shall be primary and any insurance carried by FIU shall be noncontributing with respect thereto. Each policy shall provide for thirty (30) days prior written notice to FIU in the event of cancellation or reduction in coverage or amount. If ______ fails to secure and maintain insurance policies complying with the provisions of this agreement, FIU may terminate this License. In addition to the insurance required to be obtained and maintained by ______ , if ______ assigns any portion of the duties under this License in accordance with the terms, hereof, each subcontractor or assignee will purchase and maintain the same insurance coverage required hereunder. ______ shall immediately notify FIU if ______ Commercial General Liability insurance contains any restrictive endorsements other than those restrictive endorsements normally included on standard ISO Commercial General Liability occurrence or claims made forms. The absence of a demand for any type of insurance certificates or policy or insurance condition, or for higher coverage limits shall not be construed as a waiver of ______ obligations to carry and maintain the appropriate types of insurances at limits that are appropriate to the liability exposure associated with this License. FIU does not represent that coverage and the limits specified herein will necessarily be adequate to cover ______ liability.
18. Indemnification: ______ shall indemnify and hold harmless FIU, the State of Florida, the Florida Board of Governors, Florida International University and their respective boards, officers, agents, and/or representatives from and against any and all claims, demands, actions, suits, liabilities, judgments, damages, losses, costs, and expenses whatsoever (including but not limited to attorneys’ fees and costs, incurred at all tribunal levels), arising from or connected in any way with: (a) ______ provision of the Services and/or use of the Licensed Premises; (b) FIU, its officers, employees, contractors, agents and/or other representatives performance of the terms of the License; (b) any act, omission, misconduct or negligence of FIU, its officers, employees, contractors, agents and/or other representatives; (c) FIU’s breach of the terms of the License; (d) materialmen, mechanics, laborer, or other
ITN# 01-006
55
statutory or common law liens arising from Improvements, or other work or materials provided to or performed by ______ on the Licensed Premises; and (e) environmental claims arising out of ______ operations and use of the Licensed Premises. The provisions of this paragraph shall survive expiration or termination of this License. The procuring of the insurance required under the Contract shall not relieve ______ of any obligation or liability assumed under this Contract, including specifically the indemnity obligations stated herein. ______ may carry at his own expense such additional insurance, as he may deem necessary. FIU recommends that ______ obtains and maintains a policy of business interruption insurance to insure against losses that may be suffered through acts of nature, such as hurricanes and other perils. ______ shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of Vendor’s operations within the scope provided for under the Contract, and shall cooperate in all litigated claims and demands, arising from said operations, which its insurance carrier or carriers are requested to respond. Vendor shall do nothing that will adversely affect FIU, in any way, including increasing risks, insurance premiums or liability.
19. Environmental: ______ shall not store, use, or dispose of any hazardous materials, as defined by applicable Laws, on the Licensed Premises or on FIU campus. Further, ______ shall not violate any applicable environmental Laws in carrying out its operations on the Licensed Premises. The Licensed Premises is subject to inspections by the State Fire Marshall and ______ is responsible for maintaining the Licensed Premises in compliance with fire safety codes and assuring timely correction of any conditions identified by the authority having jurisdiction.
20. Taxes and Assessments: In addition to the fees and other charges provided herein, ______ agrees to pay during the License Term all taxes, assessments, and any other impositions or charges, levied, assessed or imposed on the Licensed Premises (collectively referred to as “taxes or assessments”) from and after the Commencement Date of the License. ______ shall pay all such taxes or assessments directly to the taxing authorities not later than the due date. If ______ fails to pay any taxes or assessments when due, FIU may, but is not obligated to, pay such taxes or assessments and the costs thereof and ______ shall immediately reimburse FIU. The University is a tax immune sovereign and exempt from the payment of sales, use or excise taxes.
21. Accounting Records, Access Auditing, Periods, and Reports: ______ must maintain complete and accurate accounts and records for the Services, in accordance with the nationally-accepted industry standards and must promptly deliver these accounts and records, or allow access to such, to FIU upon request or demand for purposes of confirming commission amounts and the amount of capital investment. ______ must also provide supporting documentation if requested by FIU. ______ must provide to the Office of Business & Auxiliary Services a complete and detailed operating statement for each month of the FIU’s Fiscal Year (July 1 through June 30). The operating statement for each monthly period and cumulative year to date information will be in a format which is mutually agreed to by FIU and ______ . These statements must be submitted to FIU no later than thirty (30) days following the close of each month. Within 90 Days after the end of each FIU Fiscal Year (July 1 through June 30), ______ must provide the Office of Business and Auxiliary Services with an audited year-end operating statement prepared by an independent certified public accounting firm acceptable to FIU. Such certified public accounting firm must also certify the accuracy of the total commission paid to FIU for each FIU Fiscal Year of operation.
22. Signage and Advertising: ______shall have the right to place signage regarding the Services on the Licensed Premises, subject to FIU’s pre-approval in writing. If _____ signage is not permitted by FIU or governmental authorities on the Licensed Premises, FIU and ______shall come to an agreement as to a reasonable location to place substitute signage. ______shall be solely responsible for the cost of the signage, lettering and logo on the Licensed Premises. In placing a sign on the Licensed Premises, ______shall comply with all applicable governmental requirements, as well as FIU’s color scheme and standards. ______ must submit a detailed marketing plan annually to the FIU Office of Business Services during the License Term.
23. Other Financial Support. [PENDING]
ITN# 01-006
56
24. FIU’s Lien: To secure the payment of all fees due and to become due under this License and the faithful
performance of the terms of the License, ______ grants FIU a valid security interest in all personal property, fixtures, furnishings, or merchandise which may be placed in or on the Licensed Premises. All exemption laws, if any, are hereby waived by ______ .
25. FIU’s Entry on Premises: FIU has the right during normal business hours to enter the Licensed Premises
to determine whether ______ is complying with the License or to serve any notices pursuant to this License. In the event of an emergency, FIU has the immediate right to enter the Licensed Premises to address the emergency.
26. Surrender of Licensed Premises/Holding Over: Upon expiration or termination of this License, ______
shall surrender the Licensed Premises in good order and condition, reasonable wear and tear excepted. In the absence of any written agreement to the contrary, if ______ , with FIU’s consent remains in occupancy of the Licensed Premises after expiration of the License Term, it shall so remain as a ______ from month-to-month and all provisions of this License applicable to ______ shall remain in full force and effect. If, however, FIU shall give ______ notice to vacate the Licensed Premises at the end of the License Term, or at the end of any month following termination, and ______ shall fail to vacate the Licensed Premises, then ______ shall pay to FIU double the prorated daily Commissions paid during the last month of the License for each day that ______ continues to occupy the Licensed Premises from and after the termination date. This provision shall survive expiration of this License.
27. Damage or Destruction/Condemnation: In the event the Licensed Premises is totally or partially damaged or destroyed, FIU has the right to terminate this License upon seven (7) days prior written notice. If the Licensed Premises is taken or condemned by any governmental or quasi-governmental authority for any public purpose, then this License shall terminate on the day prior to the effective date of the taking. All awards, damages, or other compensation shall belong to FIU, and ______ assigns to FIU all rights to such awards.
28. Default: In the event of a default by either party under this License, the other party may pursue any and all
rights available at law or in equity in the event such default is not cured within ten (10) days after receipt of written notice thereof by the defaulting party.
29. Governing Law: This License is governed by the laws of the state of Florida. Exclusive jurisdiction and
venue of any actions arising out of, or relating to or in any way connected with this License shall be in Miami-Dade County, Florida.
30. Independent Contractor Status: ______ relationship to FIU is and at all times shall remain that of an
independent contractor, and neither ____ nor _____’s employees, agents, or other representatives shall be considered University employees or agents. ______ shall not use the University’s name, trademarks, logos, or marks without the University’s prior written approval.
31. Notice: Where notice is required or permitted under this License, it shall be sent by first class mail, return
receipt requested, or personally delivered to the parties at the addresses provided below or such other address as the parties may designate in writing in accordance with the notice provisions herein. If to ______ :
If to FIU:
32. Sovereign Immunity. Nothing in the Contract shall be construed as an indemnification of the Contractor by FIU or as a waiver of sovereign immunity beyond that provided in Florida Statutes Section 768.28.
33. Public Records Law. FIU is subject to the Public Records Law; therefore, information shall not include
information that is a public record pursuant to Florida law (Florida Statutes Chapter 119), and FIU will respond to
ITN# 01-006
57
public records requests without any duty to give ____ prior notice. This provision shall survive termination or expiration of the Contract. FIU may unilaterally cancel this Agreement for ____’s refusal to allow public access to all public records that were made or received in conjunction with this Contract.
34. Trademark or Copyright Infringement. Contractor will, at its expense, defend any suit brought against
FIU and/or the University and will indemnify FIU against an award of damages and costs made against FIU and/or the University by settlement or final judgment of a court that is based on a claim that the use of the Contractor’s product infringes a trademark or copyright of a third party; provided that FIU notifies Contractor in writing of the suit or any claim of infringement within thirty (30) days after receiving notice thereof, and further provided that Contractor is permitted to control the defense in any litigation or settlement of the suit. FIU will provide reasonable cooperation in the defense of the suit at Contractor’s expense. Such defense and indemnity shall survive termination or expiration of the Contract.
35. Confidentiality of Information. If ____ is exposed to any of FIU’s confidential information as a result of
providing goods and/or services under the Contract, ____ agrees to act in accordance with any guidelines and applicable laws regarding such confidential information. Such laws include the Florida Public Records Law, FERPA, the Gramm-Leach Bliley Act, the Federal Trade Commission’s Red Flags Rule which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003, and other applicable federal and state statutes and regulations that govern the use/safe keeping of personally identifiable information. This provision shall survive termination or expiration of the Contract.
36. Termination for Cause. In addition to the other remedies contained in this Contract or the Competitive
Solicitation, either party may terminate this Contract for cause by giving the other party thirty (30) days written notice setting forth with specificity the basis for the termination of the Contract for cause. For purposes of this Contract “cause” is defined as the other party’s failure to provide the goods or perform the services within the time specified or the other party’s failure to adhere to any terms of this Contract.
37. Force Majeure: If as a result of an act of force majeure, including without limitation, an act of God, war,
riot, labor dispute, strike or threat thereof, intervention of a governmental agency or the occurrence beyond the control of either party, the obligations of this License cannot be carried out, then either party, upon notifying the other, shall have the right to suspend performance until the event of force majeure has passed.
38. Entire License: The License and any documents incorporated specifically by reference represent the entire
agreement between the parties and supersede all prior oral or written statements or agreements.
39. Amendments: The License may be amended only by written amendments duly executed by the parties hereto.
40. Binding Affect/No Assignment: The License shall be binding upon and inure to the benefit of the parties
hereto and their respective permitted successors and assigns. The License and any interest therein may not be assigned (whether by operation of law or otherwise) by either party to any person or entity without the prior written consent of the other party.
41. Severability: In the event that any provision contained in the License or the application thereto to any
circumstance is for any reason held to be invalid or unenforceable, such provision shall be ineffective to the minimum extent of such invalidity or unenforceability, and the remainder of the License will remain valid and enforceable according to its terms with respect to all other circumstances.
42. Waiver: The waiver by either party of a breach or a violation of any provision of the License shall not
operate as or be construed to be a waiver of any subsequent breach thereof.
43. This Agreement is null and void if a Notice of Protest is filed within seventy-two (72) hours of the posting of the Intent to Award.
ITN# 01-006
58
The parties have caused this License Agreement – On-Campus Retail Banking Services to be executed in triplicate by signing below.
______ By:________________________________ Title:______________________________ Date:______________________________
THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES By:________________________________ Dr. Kenneth Jessell Title: CFO & Senior V.P. Date:______________________________
Approved as to form and legality: ___________________________________ FIU ATTORNEY Date:
59
APPENDIX IV
Portion of Revenue Generated by On-Campus Retail Banking Services
Revenue Area Amount Paid to FIU
Internal ATM Transaction Fees $ Foreign ATM Transaction Fees $ Interest Collected for Monthly Balances of PantherCARD holder accounts $ Other (specify) $ Other (specify) $ Other (specify) $ Other (specify) $
VENDOR COMPANY NAME
AUTHORIZED SIGNATURE
TITLE
DATE
60
EXHIBIT “A”
61
EXHIBIT “B”
62
EXHIBIT “C”
INSERT 14 DIGIT BAR CODE HERE
63
EXHIBIT “D”
BANK LOGO
This official FIU identification card is non-transferrable. Carry at all times. Card and use subject to University rules, regulations, policies and procedures. You are personal liable for all obligations incurred by the use of this card. Report loss or stolen cards immediately to 305-348-3918.
ATM LOGO
64
EXHIBIT “E”
Gold Garage
65
66
67
68
69
EXHIBIT “F”
Brochure Florida International University
CSGold Enterprise System
ITN# 01-006
Comprehensive Solutions. Innovative Products. Dedicated Service
Florida International University CSGold Enterprise System
This document contains confidential Information that is proprietary to The CBORD Group, Inc. No part of this proposal may be duplicated or used for commercial purposes without the prior consent of The CBORD Group, Inc.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 71
COMPANY OVERVIEW
For over 34 years, CBORD has led the One Card Transaction Processing industry in technology, support, and innovation. CBORD sold its first one card transaction processing system in 1975 and still support that site and many others like it – over the years helping them mature and expand their system. Today CBORD products and services are used by more than 6,000
organizations in the U.S., Canada, Europe, South Africa, New Zealand, the Middle East, and Australia. CBORD employs more than 450 professionals throughout North America and in Australia. We highly value our current partnership with the Florida International University and look forward to the honor and privilege of being able to continue to serve your campus and community in an even greater capacity.
CBORD is a wholly owned subsidiary of Roper Industries (NYSE: ROP). CBORD has showed a profit every year since the company’s founding in 1975. Roper Industries is a market‐driven, diversified growth company with trailing twelve‐month revenues exceeding $2 billion, and is a component of the Fortune 1000, Standard & Poor’s S&P Mid‐Cap 400, and the Russell 1000 Indexes.
We realize that a Privilege Control System is a sizable investment for any organization. Hence, we take great efforts to protect all of our clients’ investments by providing a solution that will allow for growth and is expandable when new technology becomes available. It is extremely important for you and your organization to know that what you chose to purchase today will continue to be supported for many, many years into the future. We view each client not just as a customer, but, more importantly, as a partner, and as such we will continue to work with you to provide solutions that will address your needs and solve your everyday Privilege Control System requirements.
CBORD is the most recognized campus‐wide system provider in the industry. CBORD‐client partnerships are positioned well for the future based on the following facts we bring into the equation:
• STABILITY: We serve the largest installed base of card systems users in the industry. We are the
only company in the one card business with a consistent annual record of growth and
profitability.
• CONTINUITY: Over thirty‐four years of specialized experience in developing and implementing
flexible, reliable, and cost‐effective privilege control systems, all from one company.
• LOYALTY: Complete commitment to our markets with 100% dedication as a successful,
profitable company while consistently pushing down the costs of privilege control systems.
• EXPERIENCE: The most experienced systems integrator in the business, tailoring our systems to
the unique needs of each client.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 72
• INNOVATION: Constant attention to research and development innovation has resulted in a
reliable flow of new features and new products to keep pace with the constantly evolving needs
of the campus card market.
• SERVICE: We work hard to provide the best user support structure in the industry, which
includes managers and support staff in the systems, hardware, point of sale, administrative,
telephone support, and development departments.
o Best customer support in the industry
o Cutting‐edge technology, superior support and a true dedication to Privilege Control
Systems.
o Wide range of integrated auxiliary services.
o Development and support staff outnumber sales staff two to one.
o Multiple training options; eSeminar training, online training, onsite or formal classroom‐
style training at CBORD’s training facility in Duluth, GA.
o CBORD‐client relationship a creative partnership.
o User Advisory Council members elected by CBORD users serve two‐year terms to represent
needs, concerns, and desires of CBORD clients and shape the focus/direction of CBORD
products
o Annual User Group Conference provides 90 seminars on systems features and new
techniques for getting the most from CBORD systems.
o Client Development Group assists customers as their needs change and grow.
o CBORD publications feature client profiles, reports on new products/enhancements, articles
of interest, and noteworthy information on CBORD staff.
o Resources to support our customer in a way that is second to none and also provide our
customers with a steady stream of new products and functionality.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 73
ELEMENTS OF A SUCCESSFUL ONE‐CARD PROGRAM
When evaluating campus transaction process card systems, there are several points to consider in order to ensure the most value for your investment. An effective one‐card solution should empower a university to improve and expand services to its community, maximize safety and security across campus, seamlessly share data between campus technology platforms, and uncover new revenue sources and cost‐saving opportunities.
Campus card solutions from CBORD are designed to meet these criteria and improve satisfaction and efficiency for students, faculty, staff, and parents.
Improve and expand services to the university community
Provide quick and easy payments at bookstores, cafes, vending machines, computer labs, parking facilities, and more.
Allow students to help themselves with online management of campus card accounts.
Seamlessly share data between campus technology platforms
Take advantage of powerful integrations with other campus technologies for printing, library, and more ‐ through CBORD’s Data Xchange program.
Utilize software development kits to tailor solutions to fit your unique needs, or work with CBORD for special customization.
Enjoy powerful reporting to track statistics from all areas of operation, including online dashboards designed for administrators.
Uncover new revenue sources and cost‐saving opportunities
Control costs and waste with card‐based copying and printing.
Expand card‐based purchasing to off‐campus merchants, driving revenue while improving student satisfaction and community relations.
Automate data exchanges between technology solutions, allowing you to direct labor to more mission‐critical tasks.
Maximize safety and security
Consolidate management of access control, video monitoring, alarm management, emergency notification, and more.
Empower staff to secure their own areas of campus while maintaining centralized control with distributed administration.
Tailor security solutions for each location with online or offline locks, IP or analog cameras, and a wide variety of credentials for privilege verification.
Since 1975, CBORD has helped hundreds of colleges and universities improve student services, reduce costs and labor, drive revenue, and protect campus communities. More schools trust CBORD than any other provider with mission‐critical operations to support and enhance the out‐of‐classroom experience.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 74
CSGOLD TRANSACTION PROCESSING SYSTEM
Quality Comes First CBORD products can be counted on for accuracy, reliability and high data integrity. We follow a well‐planned process of analysis, design, development and testing. One Card Endless Possibilities
The One‐Card campus is a goal for most college campuses today. Simply enough, it means that a single ID card is sufficient for any of the FIU members of the campus community to obtain any service, privilege or access to which they are entitled. For each authorized user, a single card can serve for activities, meal plans, declining balance programs, faculty and staff charge programs, parking, athletics, performing arts, vending, copy services, building and room access you name it! The result is convenience for the FIU campus community, and the centralized control of privileges and accounts on campus. The design of our system offers a variety of possibilities for expansion of the FIU system throughout the campus. CSGold supports various methods of identifying an individual. These methods include: hand entry of their ID number, magnetic stripe cards, iClass cards, MiFare cards, prox credentials, and biometrics. Even if an individual has all of these different forms of identification, they are tied back to one individual data record in our system. So they may be using a magnetic stripe card at a Point‐of‐sale register, but use their hand geometry pattern to get access to a recreation center. In addition to the current capabilities of CSGold, it can meet all of your current and future needs. Future development will incorporate many new features such as additional card reader options for different uses and additional web technology.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 75
THE SYSTEM
CS Gold is scalable and easily expandable and can accommodate nearly an unlimited number of card readers, terminals and workstations. CS Gold is also easily expandable, fully integrated and full featured. You can manage meals, debit plans, building access and alarms, other patron entitlements and card production with this one system. With CBORD’s peripheral products, you can also manage computer labs and printing for your residence halls. CSGold is modular so you can and pick and choose the modules you want.
Meal Plans
Stored Value & Credit, for support of things like vending and laundry
Entitlements, enables the system to be used as a decision point for granting privileges in a variety of applications
Access Control, complemented by: o Closed Circuit Television (CCTV) integration o Emergency Notification o Security Monitor o Alarms monitoring and control
Web products, including: o ManageMyID and NetCardManager, CBORD hosted web products for managing
accounts over the Internet o WebCardCenter, a web‐based package hosted by you for managing accounts over the
Internet, complemented by: Sports Lottery, a method for distributing sports tickets LaundryWeb for allowing students to manage their laundry loads from the
convenience of their computer PhotoUpload for students to upload their ID photos
o AdminWeb for distribution of reports and administering the system over the web
You can rely on 24/7/365 availability with CS Gold. This ensures effective cardholder and transaction data information management, reporting and auditing activities, and nightly processing or nightly backup. CBORD has instituted five layers of protection to ensure system availability: • RAID • Oracle® redo and automatic recovery • Online backup • Tape backup • TPS transaction log • (Optional) Oracle DataGuard, a system mirroring utility The benefit of CS Gold’s architecture is its development as a database‐driven system based on the Oracle relational database platform. Oracle is a high performance database that enables flexible reporting and strict access through Oracle’s built‐in security roles and authentication procedures. Oracle is network‐oriented and designed for distributed administration.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 76
CS Gold sets a new standard for campus card systems from software architecture to interface capabilities. Software was layered to include the strengths of an Oracle database, the Windows 2008 operating system, TCP/IP communications, message routing, secure audit recording, and rapid transaction throughput. All of this power was carefully wrapped with a very flexible and easy‐to‐*use graphical user interface. Our use of open standards allows us to offer our clients an unprecedented level of flexibility. This helps clients protect their investment by use of standard tools, enabling them to take advantage of technological advances as they unfold. CS Gold is also easily expandable, fully integrated and full featured. You can manage meals, debit plans, building access and alarms, other patron entitlements and card production with this one system. With CBORD’s peripheral products, you can also manage computer labs and printing for your residence halls. An Internet Support Model enables CBORD to help you and your institution, should unexpected situations arrive. CS Gold proactively sends email regarding the situation to the full support team, your local SE and CBORD Canton (OH), Waco (TX), and Cypress (CA). Your institution can also choose to send these alerts to printers, pagers, FAX machines, etc., on site. When you request and/or require CBORD intervention, we use WebEx® to attach to your system via the Internet. That way, we can examine log files, apply patches, and even connect to readers and workstations remotely. CS Gold software updates can be performed online in real‐time. CS Gold software updates are available throughout the year as necessary, with an enhancement release approximately once a year. Updates are performed online in real‐time. CS Gold includes an Upgrade Wizard to guide customers through the process of selectively copying upgrade data from the default user group to other user groups. You can apply upgrade items, report parameters, and menu items to selected user groups; mark upgrade items as completed or not completed; and save your changes to the database. If the upgrade is significant, our personnel performs it; however, the school may install minor point release upgrades itself. The CS Gold solution is ideally suited to being installed and maintained in standard IT server facilities utilizing the enterprise wide back up capabilities of these facilities. CS Gold is supplied on industry‐standard hardware with RAID 5 compliance, and we offer optional DataGaurd backup and high availability options.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 77
SPECIFIC CONSIDERATIONS FOR FIU
It’s our understanding that FIU is interested in developing a banking relationship that integrates with your card program. CBORD has worked with a multitude of banking partners including HigherOne, Wachovia, Wells Fargo, and even some local banking institutions. The nature of the integration between the bank and the card program varies by school and bank. In some cases, the school issues a bank card on site using a set of card numbers provided by the bank. Our system can electronically go out to the bank and retrieve these card numbers whenever needed using various encryption and data security methods. Where the school wants the flexibility of controlling their own destiny, they apply for their own ISO number and then solicit a bank to support that ISO number. This allows you the flexibility of changing banking partners without having to issue new card numbers. In some cases, the bank issues the card for you. There is usually a delay in getting the card to the student, so the school typically has to maintain on site card production equipment to issue temporary cards. CBORD stands ready to support you anyway necessary in your pursuit of this relationship.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 78
PARTIAL LIST OF REFERENCES
University of North Carolina‐Chapel Hill Contact: James Clinton Phone: 919‐962‐1385 Email: jfclinton@aux‐services.unc.edu Enrollment: 27,000 Residents: 7500 Installation Date: customer since 1989, upgraded to CS Gold in 1997 Applications: CS Gold, Micros 9700, access, vending, copiers, laundry, Sequoia bookstore, CSVT’s # of Installed Devices: 437 access locations, 871 POS locations North Carolina A & T State University Contact: Open Phone: Email: Enrollment: 11,000 Residents: 3500 Installation Date: customer since 1981, upgraded to CS Gold in 2000 Applications: CS Gold, CS Access, Micros 9700, bookstore, vending, laundry, copiers, Cameras, DVR’s # of Installed Devices: 200+ University of South Carolina Contact: Lynne Mack Phone: 803‐777‐5786 Email: [email protected] Enrollment: 25,596 Residents: 6,000 Installation Date: 2004 Applications: CS Gold, Micros 9700, vending, laundry, CS Print, copiers, CS Access # of Installed Devices: approx 200 James Madison University Contact: Becky Hinkle Phone: 540‐568‐6915 Email: [email protected] Enrollment: 16,549 Residents: 5500 Installation Date: customer since 1978, upgraded to CS Gold in 2000 Applications: CS Gold, Micros 9700, vending, copiers, CS Print, access, bookstore # of Installed Devices: approximately 700
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 79
Carnegie Mellon University Contact: Joshua Frederick Phone: 412‐268‐1034 Email: [email protected] Enrollment: 9,803 Residents: 3750 Installation Date: customer since 1980’s, upgraded to CS Gold in June 2003 Applications: CS Gold, Micros 9700, copiers, vending, Pharos, access, Missouri bookstore # of Installed Devices: 350+ Villanova University Contact: Kathy Gallagher Phone: 610‐519‐4174 Email: [email protected] Enrollment: 10,481 Residents: 6000 Installation Date: customer since 1969, upgraded to CS Gold in May 2004 Applications: CS Gold, Micros 9700, vending, laundry, copiers, CS Print, access # of Installed Devices: 2,000+ Vanderbilt University Contact: Heath Garton Phone: 615‐322‐5604 Email: [email protected] Enrollment: 11,300 Residents: 5300 Installation Date: upgraded to CS Gold in 2003 Applications: CS Gold, Micros 9700, vending, laundry, copiers, access, Webfood # of Installed Devices: 100+ readers University of Mississippi Contact: Kathy Tidwell Phone: 662‐915‐5345 Email: [email protected] Enrollment: 14,497 Residents: 3700 Installation Date: customer since 1980’s, upgraded to CS Gold May 2003 Applications: CS Gold, dining, copiers, laundry, vending, access # of Installed Devices: 450
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 80
East Tennessee State University Contact: Tony Warner Phone: 423‐439‐4335 Email: [email protected] Enrollment: 11,635 Residents: 2000 Installation Date: customer since 1980’s, upgraded to CS Gold in 2004 Applications: CS Gold, Micros, vending, laundry, access, CS Print, housing # of Installed Devices: 200+ University of San Francisco Contact: Jason Rossi Phone: 415‐422‐7663 Email: [email protected] Enrollment: 8331 Residents: 2500 Installation Date: customer since 1995, upgraded to CS Gold in 2004 Applications: CS Gold, Micros, vending, laundry, copiers, access, Follett bookstore, parking gates, CSVT’s, pocket reader # of Installed Devices: 500+ Milwaukee School of Engineering Contact: Sheila Barber Phone: 414‐277‐7460 Email: [email protected] Enrollment: 2500 students ‐ 10,000 patrons Residents: 970 Installation Date: customer since 1982 Applications: CS Gold, dining, vending, copiers, laundry, access, CSVT # of Installed Devices: approximately 300 University of St. Thomas Contact: Greg Campbell Phone: 651‐962‐6063 Email: [email protected] Enrollment: 10,474 Residents: 2500 Installation Date: customer approx 12 years, upgraded to CS Gold in 2001 Applications: CS Gold, Micros 9700, vending, laundry, access, privilege verification, copiers, parking # of Installed Devices: 225
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 81
Illinois State University Contact: Robin Knapp Phone: 309‐438‐3854 Email: [email protected] Enrollment: 20,419 Residents: 6400 Installation Date: customer since 1995, upgraded to CS Gold in 2000 Applications: CS Gold, Micros 9700, access, copiers, vending, laundry, bookstore, privilege verification # of Installed Devices: 500 Southern Illinois University Edwardsville Campus Contact: Suzanne Romano Phone: 618‐650‐3812 Email: [email protected] Enrollment: 13,493 Residents: 3000 Installation Date: customer since 1980’s, upgraded to CS Gold in March 2002 Applications: Micros 9700, vending, copiers, Pharos network printing, bookstore, laundry, CSVT, parking gates, access # of Installed Devices: 200+ Carbondale Campus Contact: Jeff Duke Phone: 618‐453‐3494 Email: [email protected] Enrollment: 21,589 Residents: 5000 Installation Date: customer since 1990, upgraded to CS Gold in 2000 Applications: CS Gold, Micros 9700, copiers, vending, laundry, CSVT’s, access # of Installed Devices: approximately 300
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 82
INTERFACES
Years ago we realized that a “One Card” system could not standalone. Interfaces and integration with other vendor’s systems was imperative. We initiated our Xchange Partners program which is designed to foster productive communication between technology peripherals, and across operations for the highest levels of interoperability and data integrity. A partial list of our current partners follows:
AMANO MCGANN
http://www.amanomcgann.com
Amano McGann provides innovative solutions for today’s parking problems. Through state of the art technology and in-
house engineering, we are a known leader in the development of hardware and software solutions for the parking industry
and provide unsurpassed service and support. With over 8,000 installations and the largest teams of engineers, system
analysts, technical writers, and support specialists, Amano McGann is the one-stop solution to all your parking needs.
BOOKLOG
http://www.booklog.com/
ComputerWorks of Chicago, the makers of Booklog, is an independently owned software development company whose
goal has always been to design the most effective, user friendly software products possible.
BUDGETEXT
http://www.budgetext.com/
BUDGETEXT is committed to the strength and success of our customers. In addition to being a principal distributor of new
and used textbooks, we are the industry leader in product and service development that is dedicated to giving bookstores an
independent and competitive edge.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 83
CISCO SYSTEMS http://www.cisco.com
Cisco (NASDAQ: CSCO) is the worldwide leader in networking that transforms how people connect, communicate, and
collaborate. Its physical security and conservation solutions include the Video Surveillance Manager for intelligent video
management, IP Interoperability and Collaboration System (IPICS) for emergency response, Digital Media System (DMS)
for mass notification, and Building Mediator for energy savings.
CMS DIGINET http://www.cmsdiginet.com/
CMS (CMS DigiNet) offers an integrated document management solution for Universities and Colleges, as well as Public
and Law Libraries. CMS DigiNet empowers customers with advanced print and photocopy tracking, output, and control
technologies.
COMMEG http://www.commeg.com/
Founded in 1982, Commeg Systems, Inc., operates with a passion for solving human resource business challenges with
simple-to-operate products which can directly impact the company’s bottom line.
CORE BUSINESS TECHNOLOGIES
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 84
http://www.corebt.com/
Since 1987, CORE Business Technologies has provided payment processing solutions for hundreds of nationwide clients
in the Municipal, Utility and Higher Education marketplace. Our turn-key solutions and services span the technology
spectrum - from design and integration to implementation and maintenance.
DATACARD GROUP http://www.datacard.com/
Datacard provides customers in more than 120 countries with the systems, software and consultative expertise they need
for profitable card programs. Financial institutions, corporations, government agencies, telecommunications companies,
transit providers, service bureaus, schools, hospitals and other organizations use Datacard solutions to personalize, issue
and manage a variety of financial and identification cards.
DIGITAL ACOUSTICS http://www.digitalacoustics.com
Digital Acoustics develops innovative intercom and public address solutions for the educational, healthcare, parking, and
security markets. From communications for IT Help Desk to campus-wide mass notification, our 100% IP-based systems
provide flexibility in use and design, resulting in simplified, cost-effective solutions that enhance safety and support.
ECRS http://www.ecrsoft.com/
ECRS provides world-class enterprise automation solutions that give retailers the real-time actionable data they need to
make intelligent business decisions in a highly competitive marketplace. Designed to deliver maximum ROI, ECRS products
provide C-store operators with a highly efficient retail framework that includes point of sale, back office, inventory control,
signature capture, wireless HHT, integrated video surveillance, digital customer billboard, and much more.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 85
EQUITRAC http://www.equitrac.com/
Equitrac provides powerful, yet easy-to-use, tools for centralized management of your entire printer and copier fleet as well
as enhanced print control options for students, faculty, staff and campus and library guests. Usage management capabilities
help reduce waste and contain costs, minimize IT resource requirements and reduce printing-related help desk calls.
FOLLETT HIGHER EDUCATION GROUP http://www.fheg.follett.com/
Throughout North America, the Follett Higher Education Group works behind the scenes to inform and inspire students
taking college courses on campus or online. In fact, more than 700 academic institutions trust Follett to operate their campus
bookstore and provide their students with staples such as textbooks and supplies in addition to sweatshirts, CDs and even
decaf soy lattes.
GOPRINT http://www.goprint.com/
GoPrint is the "turnkey" solution that continues to be the choice of libraries, computer labs and educational institutions.
GoPrint is the only solution that works with all card readers and coin/bill acceptors, online transaction systems, provides
multiple smart-purses in its state-of-the-art accounting and quota system, offers a unique 100% web enabled Control Center
and friendly touchscreen user interface, and an optional secure kiosk.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 86
HID GLOBAL http://www.hidglobal.com
HID Global is the trusted source for secure identity solutions for customers around the world. Recognized for robust quality,
innovative designs and industry leadership, HID Global is the supplier of choice for OEMs, system integrators, and
application developers serving a variety of markets. HID Global is an ASSA ABLOY Group brand.
HIGHER ONE http://www.higherone.com/
Higher One provides customized private label and one card banking relationships to higher education institutions. The
company's solutions help university partners reduce administrative costs, streamline business processes, increase revenue
opportunities, improve the student experience, and strengthen the campus community.
INGERSOLL RAND SECURITY TECHNOLOGIES http://www.securitytechnologies.ingersollrand.com
Ingersoll Rand's Security Technologies sector is a leading global provider of products and services that make
environments safe, secure, and productive. The sector's market-leading products include electronic and biometric access
control systems; time-and-attendance and personnel scheduling systems; mechanical locks; portable security; door closers,
exit devices, architectural hardware, and steel doors and frames; and other technologies and services for global security
markets.
MBS TEXTBOOK EXCHANGE http://www.mbsbooks.com/
Widely regarded as the industry leader, MBS is the largest used textbook wholesaler, bookstore systems provider, and
distance learning distribution service in the United States. Organized into three operating divisions-MBS Wholesale, MBS
Direct, and MBS Systems-each division supports our customers with state-of-the-art technology and innovations that
continually make doing business with MBS easier.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 87
MICROS http://www.micros.com/
MICROS Systems, the leader in hospitality point of sales systems, has a long history of providing rugged, technologically
advanced hardware to the meet the needs of a demanding industry. To complete any point of sale implementation, MICROS
offers a line of point of sale peripherals including printers, cash drawers, customer displays, barcode scanners, scales, and
more. All of the peripheral products we sell are selected and tested to work with our point of sale workstations, and
application software.
MICROSOFT http://www.microsoft.com/
Microsoft is known worldwide as the leading provider of innovative, cutting-edge technologies that power software,
services, and hardware for individuals and businesses. In 2006, 2007, and 2008 CBORD was named a Microsoft Gold
Certified Partner, proving that CBORD has reached the highest level of competence and expertise in working with Microsoft
products. Use of Microsoft tools such as .Net and the Microsoft SQL Server database make it possible for CBORD to deliver
reliable, state-of-the-art products such as NetMenu®, NetCatering®, and NetNutrition®.
NEBRASKA BOOK COMPANY, INC. http://www.nebook.com/
Nebraska Book Company is the nation's largest used textbook wholesaler and is committed to keeping independent
campus bookstores independent.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 88
NICE VISION SYSTEMS http://www.nice.com/
The expert in intelligent digital video management, NiceVision maximizes the effectiveness of your security operations by
enabling proactive security strategies. NiceVision products integrate real-time analysis, IP networking, recording and
management to enable automatic threat detection, instant verification, event resolution and incident investigation. NICEís
comprehensive pure or hybrid IP solutions leverage sophisticated video analytics, Level of Service bandwidth management
and unified management capabilities and include smart encoders, network video recording (NVR) solutions, decoders,
virtual matrix (VMX) solutions, central storage servers (CSS) and video over wireless network solutions. Scalable up to
thousands of cameras, NiceVision IP solutions are ideal for large distributed sites, such as transportation systems, highrisk
industrial sites and utilities.
PAPERCUT SOFTWARE INTERNATIONAL http://www.papercut.com/
Manage student and staff access across your entire copy and print fleet using the world’s most cost effective and easy to
use web based software. Proven in 20,000+ sites, highlights include: directory synchronization, Find Me (pull & secure)
printing, native Windows, Novell, Unix, Mac and Linux, low cost embedded apps.
PELCO
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 89
http://www.pelco.com/ip
Pelco is a world leader in the design, development, and manufacture of video and security systems and equipment. With a
history of offering quality products, innovative technologies, and Guaranteed 100% Customer Satisfaction, Pelco has
become the most sought after product supplier in the industry.
PHAROS SYSTEMS http://www.pharos.com/
Pharos Uniprint software tracks, monitors, measures, routes and optionally charges for network printing. and charge back
of network printing.
RATEX BUSINESS SOLUTIONS, INC. http://www.ratex.com/
RATEX Business Solutions Inc. (RBS) is a leading independent provider of versatile and comprehensive inventory
management and point-of-sale business solutions for collegiate retailers. RBS is dedicated to aligning technology with smart
and best business practices to help collegiate retailers succeed. RBS offers unmatched commitment to your store's success
through ongoing product enhancements, product support, and service.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 90
RSA - ROCHESTER SOFTWARE ASSOCIATES http://www.ILoveWebCRD.com
Since 1986, RSA has helped print centers do more with less through workflow automation software and world-class support.
Enterprises can print more efficiently with award-winning Web-to-Print (WebCRD) and robust Output Management (QDirect)
solutions. Visit www.ILoveWebCRD.com to see why customers rave about the time and money they save with RSA’s
solutions!
SEQUOIA RETAIL SYSTEMS, INC. http://www.sequoiars.com/
Located in the heart of Silicon Valley, CA, Sequoia Retail Systems, Inc. provides sophisticated inventory control, point-of-
sale, and e-commerce systems to colleges, universities, and general retailers throughout North America and the Pacific Rim.
SHOP24 http://www.shop24cstore.com/
Shop24 is a market-leading automated convenience store system, conceptualized in Europe, underpinned by service-driven
technology, which capitalizes on the gap between manned convenience retail stores and vending machines. Shop24 units
are installed in seven European countries and have recorded over 60 million consumer transactions in 160 locations
throughout Europe.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 91
SONY http://www.sony.com/security
Sony Electronics' security division develops and manufactures a complete line of security products for a wide range of
applications and market segments, including government, healthcare, education, houses of worship, and hospitality. The
company's advanced lineup of CCTV and IPELA™ IP-based security products is uniquely suited to address the diverse
security challenges faced by today's organizations, especially in high-risk areas where real-time access to crucial
information is essential.
SUNGARD HIGHER EDUCATION http://www.sungardhe.com
SunGard Higher Education provides software and support, systems implementation and integration, strategic consulting,
and technology management services to help colleges and universities build, unify, and manage their digital campuses.
Bringing together people, processes, and technology, SunGard Higher Education assists more than 1,600 customers
worldwide strengthen institutional performance through improved constituent services, increased accountability, and better
educational experiences.
TALK-A-PHONE CO. http://www.talkaphone.com
Talk-A-Phone has been manufacturing communication products for more than seventy years. Our Mass Notification and
Emergency Communications equipment—IP or analog systems that include highly-visible towers, attractive wall-mounts,
indoor or outdoor pagers, and more—used at college and corporate campuses, parking facilities, hospitals, and mass-transit
locations worldwide.
The CBORD Group, Inc. www.cbord.com
Comprehensive Solutions. Innovative Products. Dedicated Service 92
For more information on Talk-A-Phone's complete line of Security and Emergency Communications products and services,
visit www.talkaphone.com.
TANGENT POS http://www.tangentpos.com/
Tangent POS, Inc. specializes in Inventory Control and Event Accounting for sporting and special events facilities.
VENDPRINT, INC. http://www.vendprint.com
VendPrint provides flexible, affordable ways to manage and control network printing. Whether you want to monitor printing,
provide print quotas, charge for printing, manage copiers, require staff to approve print jobs, or simply impose rules on a
printer-by-printer basis, VendPrint has the solution. VendPrint Access Manager (VAM) is a PC-scheduling product that
allows you to place time limits on computers, schedule computer use in advance, and allow certain groups of users to take
priority over nonstudents in libraries and open labs. VAM will also, optionally, make a log of who uses which computers and
at what times. A full range of reporting capabilities is provided with each solution. Visit www.vendprint.com to learn more.
93 October 27, 2010
EXHIBIT “G”
Title 34: Education
PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS
Subpart K—Cash Management
§ 668.164 Disbursing funds.
(a) Disbursement. (1) Except as provided in paragraph (a)(2) of this section, an institution makes a disbursement of title IV, HEA program funds on the date that the institution credits a student's account at the institution or pays a student or parent directly with—
(i) Funds received from the Secretary;
(ii) Funds received from a lender under the FFEL Programs; or
(iii) Institutional funds used in advance of receiving title IV, HEA program funds.
(2) If, earlier than 10 days before the first day of classes of a payment period, or for a student subject to the requirements of §682.604(c)(5) or §685.303(b)(4) earlier than 30 days after the first day of the payment period, an institution credits a student's institutional account with institutional funds in advance of receiving title IV, HEA program funds, the Secretary considers that the institution makes that disbursement on the 10th day before the first day of classes, or the 30th day after the beginning of the payment period for a student subject to the requirements of §682.604(c)(5) or §685.303(b)(4).
(b) Disbursements by payment period. (1) Except as provided in paragraph (b)(2) of this section, an institution must disburse title IV, HEA program funds on a payment period basis. An institution must disburse title IV, HEA program funds once each payment period unless—
(i) For FFEL and Direct Loan funds, 34 CFR 682.604(c)(6)(ii) or 34 CFR 685.301(b)(3) applies;
(ii) For Federal Perkins Loan, FSEOG, Federal Pell Grant, ACG, and National SMART Grant funds, an institution chooses to make more than one disbursement in each payment period in accordance with 34 CFR 674.16(b)(3), 34 CFR 676.16(a)(3), 34 CFR 690.76, or 34 CFR 691.76, as applicable; or
(iii) Other program regulations allow or require otherwise.
(2) The provisions of paragraph (b)(1) of this section do not apply to the disbursement of FWS Program funds.
94 October 27, 2010
(3) Except as provided in paragraph (g) of this section, an institution may disburse title IV, HEA program funds to a student or parent for a payment period only if the student is enrolled for classes for that payment period and is eligible to receive those funds.
(c) Direct payments. (1) An institution pays a student or parent directly by—
(i) Releasing to the student or parent a check provided by a lender to the institution under the FFEL Program;
(ii) Issuing a check payable to and requiring the endorsement of the student or parent. An institution issues a check on the date that it—
(A) Mails the check to the student or parent; or
(B) Notifies the student that the check is available for immediate pickup at a specified location at the institution. The institution may hold the check for up to 21 days after the date it notifies the student. If the student does not pick up the check within this 21-day period, the institution must immediately mail the check to the student or parent, initiate an EFT to the student's or parent's bank account, or return the funds to the appropriate title IV, HEA program;
(iii) Initiating an EFT to a bank account designated by the student or parent; or
(iv) Dispensing cash for which the institution obtains a signed receipt from the student or parent.
(2) For purposes of this section, “bank account” means an account insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUSIF). This account may be a checking, savings, or similar account that underlies a stored-value card or other transaction device.
(3) An institution may establish a policy requiring its students to provide bank account information or open an account at a bank of their choosing as long as this policy does not delay the disbursement of title IV, HEA program funds to students. Consequently, if a student does not comply with the institution's policy, the institution must nevertheless disburse the funds to the student using a method described in paragraph (c) of this section in accordance with any timeframes required under subpart k of this part. In cases where the institution opens a bank account on behalf of a student or parent, establishes a process the student or parent follows to open a bank account, or similarly assists the student or parent in opening a bank account, the institution must—
(i) Obtain in writing affirmative consent from the student or parent to open that account;
(ii) Before the account is opened, inform the student or parent of the terms and conditions associated with accepting and using the account;
95 October 27, 2010
(iii) Not make any claims against the funds in the account without the written permission of the student or parent, except for correcting an error in transferring the funds in accordance with banking protocols;
(iv) Ensure that the student or parent does not incur any cost in opening the account or initially receiving any type of debit card, stored-value card, other type of automated teller machine (ATM) card, or similar transaction device that is used to access the funds in that account;
(v) Ensure that the student has convenient access to a branch office of the bank or an ATM of the bank in which the account was opened (or an ATM of another bank), so that the student does not incur any cost in making cash withdrawals from that office or these ATMs. This branch office or these ATMs must be located on the institution's campus, in institutionally-owned or operated facilities, or, consistent with the meaning of the term “Public Property” as defined in §668.46(a) immediately adjacent to and accessible from the campus;
(vi) Ensure that the debit, stored-value or ATM card, or other device can be widely used, e.g., the institution may not limit the use of the card or device to particular vendors; and
(vii) Not market or portray the account, card, or device as a credit card or credit instrument, or subsequently convert the account, card, or device to a credit card or credit instrument.
(d) Crediting a student's account at the institution. An institution may use title IV, HEA program funds to credit a student's account at the institution to satisfy—
(1) Current year charges for—
(i) Tuition and fees;
(ii) Board, if the student contracts with the institution for board;
(iii) Room, if the student contracts with the institution for room; and
(iv) If the institution obtains the student's or parent's authorization under §668.165(b), other educationally related charges incurred by the student at the institution; and
(2) Prior award year charges for a total of not more than $200 for—
(i) Tuition and fees, room, or board; and
(ii) If the institution obtains the student's or parent's authorization under §668.165(b), other educationally related charges incurred by the student at the institution.
(e) Credit balances. Whenever an institution disburses title IV, HEA program funds by crediting a student's account and the total amount of all title IV, HEA program funds credited exceeds the amount of tuition and fees, room and board, and other authorized charges the institution assessed
96 October 27, 2010
the student, the institution must pay the resulting credit balance directly to the student or parent as soon as possible but—
(1) No later than 14 days after the balance occurred if the credit balance occurred after the first day of class of a payment period; or
(2) No later than 14 days after the first day of class of a payment period if the credit balance occurred on or before the first day of class of that payment period.
(f) Early disbursements. Except as provided under paragraph (f)(3) of this section—
(1) If a student is enrolled in a credit-hour educational program that is offered in semester, trimester, or quarter academic terms, the earliest an institution may disburse title IV, HEA program funds to a student or parent for any payment period is 10 days before the first day of classes for a payment period.
(2) If a student is enrolled in a credit-hour educational program that is not offered in semester, trimester, or quarter academic terms, or in a clock hour educational program the earliest an institution may disburse title IV, HEA program funds to a student or parent for any payment period is the later of—
(i) Ten days before the first day of classes of the payment period; or
(ii) The date the student completed the previous payment period for which he or she received title IV, HEA program funds, except that this provision does not apply to the payment of Direct Loan or FFEL program funds under the conditions described in 34 CFR 685.301 (b)(3)(ii), (b)(5), and (b)(6) and 34 CFR 682.604 (c)(6)(ii), (c)(7), and (c)(8), respectively.
(3) The earliest an institution may disburse the initial installment of a loan under the Direct Loan or FFEL programs to a first-year, first-time borrower as described in 34 CFR 682.604(c) and 34 CFR 685.303(b)(4) is 30 days after the first day of the student's program of study.
(g) Late disbursements —(1) Ineligible student. For purposes of this paragraph, an otherwise eligible student becomes ineligible to receive title IV, HEA program funds on the date that—
(i) For a loan under the FFEL and Direct Loan programs, the student is no longer enrolled at the institution as at least a half-time student for the period of enrollment for which the loan was intended; or
(ii) For an award under the Federal Pell Grant, ACG, National SMART Grant, FSEOG, Federal Perkins Loan, and TEACH Grant programs, the student is no longer enrolled at the institution for the award year.
97 October 27, 2010
(2) Conditions for a late disbursement. Except as limited under paragraph (g)(4) of this section, a student who becomes ineligible (or the student's parent in the case of a PLUS loan) qualifies for a late disbursement if, before the date the student became ineligible—
(i) Except in the case of a parent PLUS loan, the Secretary processed a SAR or ISIR with an official expected family contribution; and
(ii) (A) For a loan under the FFEL or Direct Loan programs, the institution certified or originated the loan;
(B) For an award under the Federal Perkins Loan or FSEOG programs, the institution made that award to the student; or
(C) For an award under the TEACH Grant program, the institution originates the award to the student.
(3) Making a late disbursement. Provided that the conditions described in paragraph (g)(2) of this section are satisfied—
(i) If the student withdrew from the institution during a payment period or period of enrollment, the institution must make any post-withdrawal disbursement required under §668.22(a)(4) in accordance with the provisions of §668.22(a)(5);
(ii) If the student successfully completed the payment period or period of enrollment, the institution must provide the student (or parent) the opportunity to receive the amount of title IV, HEA program funds that the student (or parent) was eligible to receive while the student was enrolled at the institution. For a late disbursement in this circumstance, the institution may credit the student's account to pay for current and allowable charges as described in paragraph (d) of this section, but must pay or offer any remaining amount to the student or parent; or
(iii) If the student did not withdraw but ceased to be enrolled as at least a half-time student, the institution may make the late disbursement of a loan under the FFEL or Direct Loan programs to pay for educational costs that the institution determines the student incurred for the period in which the student was eligible.
(4) Limitations. (i) An institution may not make a late disbursement later than 180 days after the date of the institution's determination that the student withdrew, as provided in §668.22, or for a student who did not withdraw, 180 days after the date the student otherwise becomes ineligible.
(ii) An institution may not make a second or subsequent late disbursement of a loan under the FFEL or Direct Loan programs unless the student successfully completed the period of enrollment for which the loan was intended.
(iii) An institution may not make a late disbursement of a loan under the FFEL or Direct Loan programs if the student was a first-year, first-time borrower unless the student completed the first
98 October 27, 2010
30 days of his or her program of study. This limitation does not apply if the institution is exempt from the 30-day delayed disbursement requirements under §682.604(c)(5)(i), (ii), or (iii) or §685.303(b)(4)(i)(A), (B), or (C) of this chapter.
(iv) An institution may not make a late disbursement of a Federal Pell Grant, an ACG, or a National SMART Grant unless it received a valid SAR or a valid ISIR for the student by the deadline date established by the Secretary in a notice published in the Federal Register.
(h) Returning funds. (1) Notwithstanding any State law (such as a law that allows funds to escheat to the State), an institution must return to the Secretary, lender, or guaranty agency, any title IV, HEA program funds, except FWS program funds, that it attempts to disburse directly to a student or parent but the student or parent does not receive or negotiate those funds. For FWS program funds, the institution is required to return only the Federal portion of the payroll disbursement.
(2) If an institution attempts to disburse the funds by check and the check is not cashed, the institution must return the funds no later than 240 days after the date it issued that check.
(3)(i) If a check is returned to the institution, or an EFT is rejected, the institution may make additional attempts to disburse the funds, provided that those attempts are made not later than 45 days after the funds were returned or rejected. In cases where the institution does not make another attempt, the funds must be returned before the end of this 45 day period; and
(ii) No later than the 240 day period described in paragraph (h)(2) of this section, the institution must cease any additional disbursement attempts and immediately return those funds.
(Authority: 20 U.S.C. 1070g, 1094)
[61 FR 60603, Nov. 29, 1996, as amended at 64 FR 59042, Nov. 1, 1999; 67 FR 67073, Nov. 1, 2003; 71 FR 38003, July 3, 2006; 71 FR 45696, Aug. 9, 2006; 71 FR 64397, Nov. 1, 2006; 72 FR 62028, Nov. 1, 2007; 73 FR 35494, June 23, 2008]
Retrieved from http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=669ad360575e75973545dead1bbdaa3a&rgn=div8&view=text&node=34:3.1.3.1.34.11.39.4&idno=34. e-CFR Data is current as of July 2, 2010.
99 October 27, 2010
EXHIBIT “H”
Link and excerpts from the Federal Student Aid Handbook:
http://ifap.ed.gov/fsahandbook/attachments/0910FSAHandBookVol4Master.pdf
100 October 27, 2010
101 October 27, 2010