METROPOLITANCOMMUNITYCOLLEGE 3200BROADWAY–KANSASCITY,MISSOURI64111 (816)604‐1100/purchasing.info@mcckc.edu BID NUMBER Purchase of Supplies and Services INQUIRY FOR PRICE – NOT AN ORDER 16-7122-C3R2 March 14, 2016 DATE TABLE OF CONTENTS PART I – BID INFORMATION, INSTRUCTIONS, FORMS BID CERTIFICATE BID REQUEST SPECIFICATIONS BIDDER QUALIFICATIONS SCOPE OF SERVICES INSTRUCTIONS TO BIDDERS BID FORM – PROPOSAL FEE SHEET PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample) GENERAL TERMS AND CONDITIONS FORM: M/WBE PARTICIPATION FORM FORM: FEDERAL WORK AUTHORIZATION PROGRAM (E-VERIFY) ADDENDUM FORM: FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT FORM: NON-COLLUSION AFFIDAVIT STANDARD CONTRACT (sample) PART III – ACKNOWLEDGEMENT OF RECEIPT ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC immediately) METROPOLITAN COMMUNITY COLLEGE 3200 BROADWAY – KANSAS CITY, MISSOURI 64111 (816) 604-1100 / purchasing.info@mcckc.edu BID REQUEST NUMBER BID CERTIFICATE Purchase of Supplies and Services INQUIRY FOR PRICE – NOT AN ORDER 16-7122-C3R2 An Equal Opportunity Employer March 14, 2016 DATE Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri, extends an invitation to qualified providers with the necessary resources and experience to submit proposals. The purpose of this Bid Request is to identify and contract with companies who can provide armored car courier services. Quotations are requested on the following services for delivery to the College or Department designated, subject to the conditions of the inquiry. Closing Time of Bids: 11:00am. on March 28, 2016 Diane Pacheco Purchasing Manager Bid Request per attached specifications for: Sealed Bid No. 16-7122-C3R2: Armored Car Services And submitted in a sealed envelope delivered to: Purchasing Manager Metropolitan Community College 3200 Broadway Kansas City, MO 64111 Attach an electronic copy of the response (including pricing sheet in excel). Prices are to be quoted F.O.B College or Department designated. Delivery to destination specified within inquiry, to be completed within Note: Delivery time may be a factor in determining award. days from receipt of order. THIS CERTIFICATE MUST BE EXECUTED BY BIDDER In compliance with the above invitation for bids, and subject to all of the conditions thereof, the undersigned agrees, if this Bid be accepted within sixty (60) days, to furnish any or all of the items upon which prices are quoted in accordance with the price for each item. Printed Name of Company Signature Company Mailing Address Printed Name City/State/Zip Title / Email Address Phone Number/Fax Number BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page3 March14,2016 Bid Request Specifications Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri located in Kansas City, Missouri, extends an invitation to qualified providers with the necessary resources and experience to submit proposals from Secure Courier contractors for professional armored car services for consideration by MCC. MCC expects to award a contract to one vendor for this service. The successful bidder will transport for and on behalf of MCC monies, checks, coin, currency, negotiable instruments and other articles of unusual value, in accordance with the schedule in the Official Bid Sheet section of this document, or in accordance with any changes to that schedule that may occur over the life of a subsequent contract. Bidder Qualifications To insure absolute integrity and safety of the valuables, the successful bidder and MCC shall adhere to standard operating procedures of the industry. Submit a copy of the procedures your organization follows as your standard. Scope of Services Armored car courier services, by means of industry standard certified armored vehicles and guards, for the transport of MCC monies, checks, coin, currency, negotiable instruments and other articles of unusual value, in accordance with the schedule in the Official Bid Sheet section of this document, or in accordance with any changes to that schedule that may occur over the life of a subsequent contract. The awarded bidder will coordinate with the supervisor or manager of there will be a pick-up to confirm an MCC contact and a scheduled time. that schedule and deliver the deposits to the UMB (United Missouri Grand, Kansas City, MO utilizing the procedures as outlined by the response. each of the offices from which The courier will then pick up on Bank) Depository site at 2401 awarded company in their bid MCC reserves the right to add or eliminate delivery and pick-up locations during the life of the awarded contract. Price adjustments for additional pick-ups or reduced service will be based on the rates quoted by bidder. These rates must be negotiated and agreed to by MCC and the successful bidder, who will indicate the minimum advance notice required for additional service requests in days or hours. Instructions to Bidder Quotations are requested on the following list of materials, articles or services for delivery to the College or Department designated, subject to the conditions of the inquiry. 1. Submit one copy of proposal in a sealed envelope marked "Quotation on Bid Request Number 167122-C3R2 along with an electronic copy. 2. Proposals, to receive consideration, must be received prior to time designated in this inquiry. 3. Prices must be stated in units of quantity specified and extended in total column. 4. The Board of Trustees reserves the right to waive defects and informalities in proposals, to reject any or all proposals, to cancel this request, to accept any bids as may be deemed to its interests, to make multiple awards to establish a pool of armored car providers, hire other agencies/persons to perform a specific project(s) and makes no commitment to a single Contractor being the “sole proprietor” of this service. The awards shall be made based on the bids that serve the best interest of MCC. MCC may award a contract, based on initial bids received, without discussion of such bids. Accordingly, each bid should be submitted based on the most favorable terms, from a price and services standpoint, which the contractor can submit to MCC. No contract award shall exist until executed in writing. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page4 March14,2016 5. Any bid may be withdrawn at any time prior to that specified herein for the opening of bids, but no bid may be withdrawn for a period of sixty (60) days thereafter. 6. Instructions, manufacturer's catalog numbers, etc., where shown herein, are for descriptive purposes to guide the bidder in interpreting the standard of quality, design and performance required, and shall not be construed to exclude proposals based on furnishing other types of materials or service. However, any substitution or departure proposed by bidder must be clearly noted and described and must meet the prescribed specifications as to standard of quality, general design and performance required. 7. Prices quoted, unless otherwise stated by bidder, are to include any packing, containers, etc., necessary to complete delivery as designated herein. 8. A 5% preference shall be granted to all firms, corporations, or individuals doing business as a Missouri firm, corporation or individual on all orders or contracts other than new construction, provided the additional cost to the District does not exceed $500. 9. The terms bidder(s), vendor(s), and contractor(s) shall have the same meaning herein. 10. If an award will exceed $5,000, bidder shall execute and submit an affidavit prescribed by MCC affirming it does not knowingly employ any person who does not have legal authorization to work in the United States. 11. Check our website for award information: www.mcckc.edu/purchasing/bids. Award Selection may be made based on trip rates, hours to respond, and references. Metropolitan Community College reserves the right to select a company within a 50-mile radius of the Administrative Center located at 3200 Broadway. Term and Pricing This Bid Request is to establish a pricing commitment for a three-year term (Term) from June 1, 2016, through May 31, 2019 with the option for two extensions of one year each. The College will issue a purchase order for each MCC Fiscal Year (July – June) for use during the contract period. Successful bidder's contract will NOT have provisions for automatic price increases. Potential suppliers warrant that pricing will be reviewed and agreed to on an annual basis. Prices quoted must be all inclusive. Invoices The vendor shall submit invoices by email to: purchasing.info@mcckc.edu for items delivered. Invoices must be accurate and reflect current Bid Award pricing and specific P.O. number. (Inaccurate invoices may not be paid until corrected invoices or credit memos are received.) Payments by MCC to the vendor for items delivered shall be made in accordance with MCC's regular payment terms of net 30 days. Please provide any early payment discount available. Bidder Response Each bidder shall complete and include the following documents: 1) Bid Certificate, 2) Bid Form – Proposal Fee Sheet, 3) M/WBE Participation Form, 4) Federal Work Authorization Program (E-Verify) Addendum, 5) Federal Work Authorization Program Affidavit, 6) Non-Collusion Affidavit, and any other included forms. Deliver/send all documents to: Purchasing Manager, MCC – Administrative Center, 3200 Broadway Blvd., Kansas City, MO 64111 along with an electronic copy in a sealed envelope marked on the outside with the Bid Request Number and date and time of opening (Monday, March 28, 2016 at 11:00 A.M.) BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page5 March14,2016 Questions No communication will take place between vendors and MCC during the Bid process, except in writing. Questions regarding the Bid Request should be emailed to the Purchasing Department at Purchasing.Info@mcckc.edu, and must be received by Noon, Tuesday, March 22, 2016 Responses to questions will be sent to all bidders who have submitted the “Acknowledgement of Receipt” to be found on the last page of this document. Work Locations MCC-Penn Valley 3201 Southwest Trafficway Kansas City, MO 64111 MCC-Blue River 20301 E 78 Highway Independence, MO 64057 MCC-Maple Woods 2601 NE Barry Rd Kansas City, MO 64156 MCC-Business Technology 1775 Universal Ave. Kansas City, MO 64120 MCC-Longview 500 SW Longview Rd Lee's Summit, MO 64081 MCC-Longview Rec Center 3801 SW Longview Rd Lee's Summit, MO 64081 BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page6 March14,2016 Bid Form PROPOSAL FEE SHEET Location Serviced: Service Frequency Per Trip Per Week Annual Total (51 weeks) 1 Maple Woods (1 stop) Business Office Tues, Thurs $___________ $___________ $_____________ 2 Penn Valley (1 stop) Business Office Tues, Thurs $__________ $___________ $_____________ Longview (2 stops) Business Office Recreation Center Tues, Thurs Tues, Thurs $__________ $___________ $_____________ Blue River (1 stop) Business Office Thursday $__________ $___________ $_____________ Thursday $__________ $___________ $_____________ 3 4 5 Business Technology (1 stop) Business Office Metropolitan Community College is closed for the week from Christmas Eve to New Year’s day. Pick-ups will not occur during that week. Plan and price for only 51 weeks. Additional pickups may be arranged during particularly busy times of the year by any of the campus locations. Additional Information to be Included 1. State your policy regarding the cancellation of a single pick-up, such as for a holiday that falls on a delivery day, or for unforeseen events, such as blizzards (snow days). 2. Identify and provide a brief description of the office that will be responsible for serving Metropolitan Community College. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page7 March14,2016 3. Identify other colleges and universities that your firm serves through your local office and nationally. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page8 March14,2016 PART II CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample) GENERAL TERMS AND CONDITIONS 1. Contract Documents. This Bid Request and any subsequent addenda and/or written modifications, these General Terms and Conditions, the terms of the Standard Contract (sample), Contractor’s Bid Response, any completed forms and certifications required by Contractor under this Bid Request, and MCC’s Notice of Pool Selection letter shall form a binding agreement and shall be made a part of any contract executed between MCC and a selected Contractor (the Agreement) regarding the subject matter herein. 2. Governing Law. Any Contract issued as a result of this Bid Request shall be constructed in accordance with the laws of the state of Missouri. 3. Sovereign Immunity. MCC, due to its status as a political subdivision of the state of Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that require the indemnification of others. Any indemnity language in proposed terms and conditions will be modified to conform to language acceptable to MCC. 4. Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If applicable, Contractor, in performing the work required by the Agreement, agrees to comply with the applicable provision of Executive Order 11246 issued by the President of the United States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran status or any other status protected by applicable law. This Contractor and subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60-741.5(a). These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities. 5. Rules and Regulations. Contractor covenants and agrees that Contractor shall observe all MCC policies and procedures, as well as all rules, regulations, and security requirements concerning the safety of persons and property. 6. Compliance with Laws. Contractor represents and warrants that Contractor shall observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations, and all amendments thereto applicable to the performance of services under the Agreement and which in any manner may affect the operations and activities undertaken by Contractor pursuant to the Agreement. 7. Employee Eligibility Verification. If a contract will exceed $5,000, Bidder shall execute and submit an affidavit, in a form prescribed by MCC and included in this Bid Request, affirming that BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page9 March14,2016 Bidder does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). Bidder shall attach to the affidavit documentation sufficient to establish Bidder’s enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. Bidder may obtain additional information about E-Verify and enroll at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES. 8. Immigration Law Compliance. Contractor certifies and agrees that: a) Contractor does not knowingly or intentionally employ individuals who are ineligible to work in the United States in violation of any federal or applicable state or local laws; b) Any Contractor employee assigned to perform services under this Agreement has satisfied federal I-9 requirements and, to the best of Contractor's knowledge is lawfully present in the United States; c) Contractor does not have any knowledge that any Contractor employee assigned to perform services under this Agreement is ineligible to work in the United States; d) Contractor is enrolled in and participates in a federal work authorization program as required by Missouri law, RSMo 295.525 and .530; e) Contractor will immediately notify Owner of any investigation or legal proceeding involving the federal or state government or of any requests by the U.S. Immigration and Customs Enforcement to inspect Contractor's I-9 or other employment records; f) Contractor agrees to indemnify Owner for any fines, legal fees, or other costs incurred because of investigations into the status of Contractor's employees or whether Contractor's employees are authorized to work in the United States; and g) Contractor agrees to complete and return with Contractors Bid Response a Federal Work Authorization Program (E-Verify), and Affidavit. 9. Appropriations. MCC is a political subdivision of the state of Missouri and as such cannot create indebtedness in any one year above what it can pay out of the annual income of said year. Should MCC determine it has not received adequate appropriations budget allocations income to enable it to meet the terms of this Contract, MCC reserves the right to cancel this Contract with a 30 days’ notice. Multi-year term and supply contracts and leases and the exercise of options to renew are subject to annual appropriations. 10. Disclosure of Proprietary / Confidential Information. A contractor may restrict the disclosure of software codes, records relating to the configuration of computer components and/or the operation thereof, and intellectual property in which it has a proprietary interest but only if such information is defined as a "closed" record under Missouri law, including, but not limited to, one or more subsections of Section 610-021, RSMo. In order for any such information or record to be closed, each page of each such document must include in at least sixteen (16) point bold font the words “Proprietary Information.” After either a contract is executed pursuant to the BID or all proposals are rejected, if access to documents so marked is requested under the Missouri Sunshine Law, MCC will notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall not cooperate with MCC after notice as provided herein, MCC may, in its sole discretion, disclose the Contractor's documents/records/information to the requester without liability to the Contractor for any such disclosure under any theory of common or statutory law. Notwithstanding the foregoing, in response to a formal request for information, MCC reserves the right to release any documents, records and/or information which MCC determines is a public record subject to disclosure pursuant to the Missouri Sunshine Law. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page10 March14,2016 11. Warranty. Contractor represents and warrants that Contractor shall provide services based on a manner consistent with the highest degree of care, diligence, and skill. Contractor further warrants that services shall be provided by means of industry standard certified armored vehicles and guards and consistent with all applicable laws and regulations. 12. Background Check. Criminal background checks will be mandatory for all Contractor personnel performing services under the Agreement at MCC locations. Contractor and Contractor’s subcontractors, vendors, and consultants are required to take all reasonable steps to assure that their employees do not represent a threat to the campus community. Failure to comply with this requirement may result in the immediate termination of any award or contract. 13. No Debarment. Contractor represents that it is not debarred or suspended from doing business with the federal government and/or any state government, and shall notify MCC if it becomes debarred or suspended during the Term of the Agreement. 14. Liability Requirements. 14.1. Insurance. Contractor agrees to maintain the following insurance throughout the term of this Agreement: a) workers’ compensation and employer’s liability for its employees in amounts as required by Missouri law; b) automobile insurance, to include uninsured and underinsured motorists, in the minimum amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate; c) general liability in the amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate, which shall include students, participants, volunteers, property damage, and contractually assumed liability; and d) asset protection insurance as approved by MCC, and name MCC as an additional insured. Upon the execution of this Agreement, Contractor agrees to provide MCC proof of insurance which shall include the stipulations hereunder and state that such coverage will not be cancelled without thirty (30) days written notice. Failure to so provide or maintain any insurance as requested hereunder will not relieve it of any contractual obligation or responsibility herein. 14.2. Liability for Lost Shipments. Contractor responsibility will begin at the time Contractor’s courier signs a receipt for the deposit of each location, and will continue until the courier obtains a receipt for the deposit from MCC’s financial institution (UMB). Contractor will be liable for (i) the loss of any shipment up to the amount of $3.0 million dollars ($3,000,000.00), (ii) the cost to reconstruct the records necessary to determine the maker, bank, and amount of any and all lost checks, include any stop payment fees or other fees necessitated by any lost checks, and (iii) the face value of any checks which cannot be reconstructed. 14.3. Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s trustees, officers, employees, agents, and representatives harmless against any and all claims, demands, suits, costs, judgments, or other forms of liability, actual or claimed, including reasonable attorneys’ fees, for injury or damage to persons or loss or damage to property occurring or allegedly occurring in connection with any action, inaction, or conduct committed by Contractor or by Contractor’s officers, directors, employees, students, volunteers, agents, or representatives during the term of this Agreement. 14.4. No Waiver. The foregoing provisions shall not be deemed a relinquishment or waiver of any kind of applicable limitations of liability provided or available to MCC under applicable Missouri governmental immunities law. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page11 March14,2016 15. Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times, MCC shall have the right to enforce such policy pursuant to the terms of the Agreement and under law. 16. Assignment of Services. It is understood the Contractor shall not assign or subcontract the services in the Agreement without the written consent of MCC, and subject to MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the services. Contractor agrees to indemnify MCC for any costs and/or expenses, in whole or in part, that are due any subcontractors or suppliers for services provided under the Agreement. 17. Minority and Women Business Enterprise Participation. It is the practice of MCC to ensure full and equitable economic opportunities to persons and businesses that compete for business with the College, including Minority and Women Business Enterprises (M/WBEs). BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page12 March14,2016 M/WBE PARTICIPATION MCC encourages M/WBE participation in contracts for goods and services by firms that are certified. MCC accepts certifications provided by those entities identified on the page in this document titled “Certifying M/WBE Agencies”. This may either be by the primary supplier/contractor being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or other arrangements that afford meaningful opportunities for M/WBE participation. Work performed by M/WBEs must provide a commercially useful function related to the delivery of the service/product required herein. Second tier participation where suppliers generally provide supplies to a corporation but that are not directly related to this contract does not qualify as meaningful participation. MCC will consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with the approval of the Purchasing Manager. M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration. Bidders must indicate their MBE and WBE participation levels committed to this project on the “M/WBE Participation Form” included in this document. The names and percent participation of each MBE and WBE should also be provided on this form. The contractor/supplier shall provide annual reports (or more frequently if requested) of the financial participation of M/WBEs. The report shall include the name(s) and address(es) of the certified M/WBEs, products or services provided and the total dollar amount or percentage of utilization. The annual report shall also include, separately, all second tier participation the contractor/supplier may have. MCC will monitor the contractor/supplier’s compliance in meeting the M/WBE participation levels committed to in the awarded proposal. If the contractor/supplier's payments to participating M/WBEs are less than the amount committed to in the contract, MCC may cancel the contract or suspend or debar the contractor/supplier from participating in future contracts. If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the contractor/supplier must obtain other certified M/WBEs to fulfill the M/WBE participation requirements committed to in the awarded proposal. The contractor/supplier must obtain the written approval of the Purchasing Manager for any new M/WBE participants. This approval shall not be arbitrarily withheld. If the contractor/supplier cannot obtain an M/WBE replacement, the contractor/supplier must submit documentation to the Purchasing Manager detailing all efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole discretion in determining if the actions taken by the contractor/supplier constitute a good faith effort to secure the participation of M/WBEs and whether the contract will be amended to change the M/WBE participation commitment. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page13 March14,2016 M/WBE PARTICIPATION FORM If proposing MBE/WBE participation, the contractor/supplier must indicate below the percentage of qualified MBE and WBE participation committed to in relation to the total dollar value of the contract regardless of whether the contractor/supplier is awarded one, some or all of the categories being proposed. Overall, the MBE and WBE participation must not be contingent upon award of a specific category and the contractor/supplier, if awarded a contract, must be able to achieve the stated participation for the resulting contract regardless of the categories awarded or not awarded. The contractor/supplier must be able to achieve participation stated below for the total value of the awarded contract(s). If the contractor/supplier is a qualified MBE and/or WBE, the contractor/supplier may indicate 100% participation. The contractor/supplier is committed to the following MBE and WBE participation on this bid: Total MBE Participation _______% Total WBE Participation _______% Complete the following table indicating the firms used to meet the participation levels indicated. MBE Firm Name MBE % of Contract WBE Firm Name WBE % of Contract THIS FORM MUST BE SUBMITTED WITH THE BID BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page14 March14,2016 FEDERAL WORK AUTHORIZATION PROGRAM (E-VERIFY) ADDENDUM For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College, a public community college district and political subdivision of the State of Missouri (MCC). Pursuant to Missouri Revised Statute 285.530, all business entities awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political subdivision must, as a condition to the award of any such contract, be enrolled and participate in a federal work authorization program with respect to the employees working in connection with the contracted services being provided, or to be provided, to MCC (to the extent allowed by E-Verify). In addition, the business entity must affirm the same through sworn affidavit and provision of documentation. In addition, the business entity must sign an affidavit that it does not knowingly employ any person who is an unauthorized alien in in connection with the services being provided, or to be provided, to MCC. Accordingly, your company: (a) Agrees to have an authorized person execute the attached “Federal Work Authorization Program Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution of its contract with MCC; (b) Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and is participating in E-Verify with respect to your employees working in connection with the services being provided (to the extent allowed by E-Verify), or to be provided; (c) Affirms that it is not knowingly employing any person who is an unauthorized alien in connection with the services being provided, or to be provided, by your company to the district. (d) Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action, claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530, or any regulations issued thereto; (e) Agrees to provide documentation of your participation in E-Verify to MCC prior to or contemporaneously with the execution of its contract with MCC (or at any time thereafter upon request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation) confirming your participation in E-Verify; (f) Agrees to comply with any state or federal regulations or rules that may be issued subsequent to this addendum that relate to Missouri Revised Statute 285.530; and (g) Agrees that any failure by your company to abide by the requirements a) through f) above will be considered a material breach of your contract with MCC. By: (Signature) Name and Title: For and on behalf of: (Company) THIS FORM MUST BE SUBMITTED WITH THE BID BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page15 March14,2016 FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT I, ___________________, being of legal age and having been duly sworn upon my oath, state the following facts are true: 1. I am more than twenty-one years of age; and have first-hand knowledge of the matters setforth herein. 2. I am employed by _______________________________ (Company) and have authority to issue this affidavit on its behalf. 3. Company is enrolled in and participating in the United States E-Verify federal work authorization program with respect to Company’s employees working in connection with the services Company is providing to, or will provide to MCC, to the extent allowed by E-Verify. 4. Company does not knowingly employ any person who is an unauthorized alien in connection with the services that Company is providing to, or will provide to, MCC. By: Name: Title: Company: STATE OF COUNTY OF ) ) ss. ) On this day _____ of _____________, 20___, before me, a Notary Public, personally appeared the above-named person who acknowledged signing the above instrument as a free act and deed. Notary Public My commission expires: THIS FORM MUST BE SUBMITTED WITH THE BID BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page16 March14,2016 NON-COLLUSION AFFIDAVIT The undersigned, being duly sworn on oath says, that he/she is the contracting party, or that he/she is the representative, agent, member, or officer of the contracting party, that he/she has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him/her, directly or indirectly, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of the annexed contract other than that which appears upon the face of the contract. Signature: Name: Title: Company: Date: STATE OF COUNTY OF ) ) ss. ) On this day _____ of _____________, 20___, before me, a Notary Public, personally appeared the above-named person who acknowledged signing the above instrument as a free act and deed. Notary Public My commission expires: THIS FORM MUST BE SUBMITTED WITH THE BID BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page17 March14,2016 STANDARD CONTRACT (sample) Armored Car Services Agreement This Armored Car Services Agreement (Agreement) is made by and between the Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri, whose principal office is located at 3200 Broadway, Kansas City, Missouri 64111, and _____________ (Contractor), whose principal office is located at __________________________. MCC desires to engage Contractor to provide armored car courier services (Services), and Contractor represents and warrants to MCC that Contractor has demonstrated a high degree of experience, training, and proficiency in Contractor’s conduct of various prior and similar works, has the requisite expertise and resources, and is technically and professionally capable of performing the obligations under this Agreement. In consideration of the foregoing and the mutual agreements contained in this Agreement, the parties agree as follows: 1. Scope of Services. Contractor agrees to provide armored car courier services to transport MCC monies, checks, coin, currency, negotiable instruments and other articles of unusual value as outlined in MCC’s Bid Request #16-7122-C3R2 Armored Car Services (BID), and Contractor’s Response to MCC’s BID (Response), collectively incorporated herein by referenced, and as further detailed herein. Services shall include, without limitation: 1.1. UMB Bank Deposits. Contractor will coordinate the weekly scheduled pick-up times of MCC’s United Missouri Bank (UMB) deposits with the MCC office managers at the locations as detailed in the Pick-Up & Delivery Schedule. Contractor shall deliver the deposits to the UMB Depository located at 2401 Grand, Kansas City, Missouri. Pick-Up & Delivery Schedule Location Days MCC-Penn Valley Campus Business Office Tuesdays & Thursdays 3201 Southwest Trafficway Kansas City, MO 64111 MCC-Maple Woods Campus Tuesdays & Thursdays Business Office 2601 NE Barry Road Kansas City, MO 64156 MCC-Blue River Campus Thursdays Business Office 20301 E 78 Highway Independence, MO 64057 MCC-Business Technology Campus Business Office Thursdays 1775 Universal Avenue Kansas City, MO 64120 MCC-Longview Campus Business Office Tuesdays & Thursdays 500 SW Longview Road Lee's Summit, MO 64081 MCC-Longview Campus BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Recreation Center 3801 SW Longview Road Lee's Summit, MO 64081 Page18 March14,2016 Tuesdays & Thursdays 1.2. Additional Services and Changes. MCC reserves the right to add or eliminate delivery and pick-up locations during the Term of this Agreement. MCC shall give Contractor a minimum advance notice for additional service requests or pick-up cancellations _______________ days/hours in advance. Contractor’s request for changes in service, including without limitation, a change in the pick-up time for a location, shall be submitted in writing to the MCC manager at the applicable location and agreed to in writing by said manager, email being sufficient. 2. Contractor Identification and Qualifications. Contractor shall: a) appoint a dedicated staff member who shall be ________________, and a qualified designee to represent Contractor for the Term of this Agreement; b) submit a copy of any required licenses or certifications; c) maintain sufficient supervision, staff, equipment and materials necessary to fulfill the services; d) provide photographs with a signature list of each employee who will be servicing MCC campus locations; and e) require that Contractor’s personnel shall: i. arrive at MCC’s scheduled campus locations with Contractor’s name and logo clearly identifiable on the armored vehicle; ii. be in Contractor’s standard uniform while servicing MCC campus locations; and iii. provide identification that corresponds with the signature list during each pickup. 3. Term and Termination. 3.1. Term. The term of this Agreement shall be from June 1, 2016, through May 31, 2019, with an option to renew for two (2) additional one-year periods based upon the mutual written agreement of the parties. 3.2. Termination for Convenience. MCC reserves the right to terminate the Agreement without cause by giving Contractor written notice of the intent to terminate at least thirty (30) days before the termination date set out in the notice. In the event of such termination, MCC shall only be liable for payment of services delivered prior to the termination date. 3.3. Termination for Cause. Either party reserves the right to terminate the Agreement immediately if the other party fails to comply with any terms or conditions of the Agreement and such failure continues for twenty (20) days following receipt of written notice from the objecting party. 4. Compensation. 4.1. Fee. Upon receipt of properly itemized invoices from the Contractor, MCC agrees to issue payment to the Contractor consistent with the compensation provisions of Contractor’s Response, attached hereto and incorporated herein as Exhibit A – Schedule of Fees (Exhibit A). Price adjustments for additional pick-ups or reduced service will be based on Contractor’s “per trip” rates in Exhibit A, or as negotiated and agreed to in writing for additional MCC BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page19 March14,2016 locations. Contractor shall submit invoices and MCC agrees to pay all undisputed amounts within thirty (30) days of receipt of a properly itemized invoice. 4.2. Subcontractors. Contractor agrees to indemnify MCC for any costs and/or expenses, in whole or in part, that are due any subcontractors or suppliers for services provided under this Agreement. 4.3. Performance. No payment made under this Agreement shall be proof of satisfactory performance of this Agreement, either in whole or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory service. 4.4. Verification of Services and Audits. The Contractor will maintain complete and accurate books and records in accordance with recognized accounting practices and standards; such books and records will include, but not be limited to, records reflecting billing, payments, hours worked, and payroll and upon receipt of written notice by MCC, the Contractor shall allow MCC access, during ordinary business hours, to the books and records relating to the services hereunder as may be reasonably required to verify services provided under this Agreement. In addition, MCC shall have the right to conduct an audit, at its expense, of the relevant books and records during ordinary business hours to inspect, audit, and copy the books and records. MCC shall also have the right of recovery of any amount found to be inconsistent with any overage paid. 5. Notices. All communications relating to this Agreement shall be in writing and may be hand delivered, sent by overnight courier, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested to the parties at the addresses first written above. If to MCC regarding legal matters, notice shall be sent to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor. 6. Contractor’s Representations and Warranties. 6.1. Standard of Care. Contractor represents and warrants that Contractor shall provide services based on a manner consistent with the highest degree of care, diligence, and skill. Contractor further warrants that services shall be provided by means of industry standard certified armored vehicles and guards and consistent with all applicable laws and regulations. 6.2. Rules and Regulations. Contractor covenants and agrees that Contractor shall observe all MCC policies and procedures, as well as all rules, regulations, and security requirements concerning the safety of persons and property. 6.3. Non-Discrimination. MCC is an equal opportunity/affirmative action employer. If applicable, Contractor, in performing the work required by this Agreement, agrees to comply with the applicable provision of Executive Order 11246 issued by the President of the United States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation Act of 1974, all as amended, and to comply with the Rules and Regulations issued thereunder, as set forth at 41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran status or any other status protected by applicable law. This Contractor and subcontractor shall also abide by the requirements of 41 CFR § 60300.5(a), and 41 CFR § 60-741.5(a). These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page20 March14,2016 6.4. Compliance with Laws. Contractor represents and warrants that Contractor shall observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations, and all amendments thereto which in any manner may affect the operations and activities undertaken by Contractor pursuant to this Agreement. 6.5. Background Check. Contractor acknowledges and agrees that (i) criminal background checks will be mandatory for all Contractor personnel performing services under the Agreement, (ii) Contractor and Contractor’s subcontractors, vendors, and consultants (Contractor’s agents) are required to take all reasonable steps to assure that their employees do not represent a threat to the campus community, (iii) and that failure to comply with this requirement may result in the immediate termination of this Agreement. Therefore, Contractor warrants that it and its subcontractors have no current, pending or outstanding criminal, civil, or enforcement actions that restrict Contractor’s delivery of services under this Agreement. Prior to the Contractor’s delivery of services, Contractor warrants that it and its subcontractors shall obtain and maintain all required criminal history and background checks. 6.6. No Debarment. Contractor represents that it is not debarred or suspended from doing business with the federal government and/or any state government, and shall notify MCC if it becomes debarred or suspended during the Term of this Agreement. 7. Non-Solicitation and Non-Hire. Both parties agree that during the time that Contractor is rendering Services under the terms of this Agreement and for one (1) year following the cessation of such Services, neither party will directly or indirectly solicit, offer employment or hire any current or former employee or Contractor employed by or hired by the other party involved in the performance of this Agreement. This provision does not restrict the right of either party to solicit or recruit generally in the media and does not prohibit either party from hiring an employee of the other who answers any advertisement or who otherwise voluntarily applies for hire without having been initially personally solicited or recruited by the hiring party. 8. Confidential Information. As used herein, "Confidential Information" will mean any ideas, strategies, plans, purposes, and/or agendas that MCC may seek to advance, any reports and information generated by Contractor, and educational and/or other confidential information related to students (Information). Both during the term of this Agreement and thereafter, Contractor covenants and agrees (i) to hold such information in trust and confidence and to exercise diligence in protecting and safeguarding such information, as well as any other information protected from public disclosure by federal or state law or by the policies or procedures of MCC, (ii) that Contractor will not knowingly use the Information, directly or indirectly, for Contractor’s own benefit, or for the benefit of another, but instead will use such information only for the purposes contemplated hereunder, (iii) that Contractor will not disclose any confidential information to any third party, except as may be required in the course of performing services for MCC hereunder or by law, (iv) that access to the education records of any student shall be in compliance with the Family Educational Rights and Privacy Act, and (v) that Contractor not be deemed a spokesperson for MCC in any manner for the purpose of disseminating any information hereunder, excepting such information that is related to the Purpose and content and format for dissemination of such information is mutually agreed to by the parties. Notwithstanding the foregoing, Contractor's obligations of confidentiality will not include information that (i) at the time of disclosure was in the public domain, (ii) after such disclosure, immediately becomes generally available to the public other than through any act or omission of Contractor, and (iii) is required to be disclosed by a court of competent jurisdiction, provided that prior written notice of such disclosure is furnished to MCC in a timely manner in order to afford MCC the opportunity to seek a protective order against such disclosure and the disclosure is strictly limited to the information that the court requires. After expiration BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page21 March14,2016 or termination of this Agreement, Contractor must return all confidential information given to or generated by him hereunder within five (5) days of MCC's written request. Contractor agrees that Contractor will comply with MCC's instructions regarding the return or disposition of its confidential information, including any copies or reproductions. 9. Remedies for Disclosure. Contractor understands and agrees that any unauthorized disclosure or use of any confidential information as provided under this article may result in MCC seeking injunctive relief. Contractor agrees to give prompt notice to MCC of any unauthorized disclosure, use, or misappropriation of any confidential information and take all steps as requested by MCC to limit, stop, or otherwise remedy the disclosure, use, or misappropriation of any confidential information. All steps taken by Contractor relating to remedy shall be at its sole expense. 10. Liability Requirements. 10.1. Insurance. Contractor agrees to maintain the following insurance throughout the term of this Agreement: a) workers’ compensation and employer’s liability for its employees in amounts as required by Missouri law; b) automobile insurance, to include uninsured and underinsured motorists, in the minimum amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate; c) general liability in the amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate, which shall include students, participants, volunteers, property damage, and contractually assumed liability; and d) asset protection insurance as approved by MCC, and name MCC as an additional insured. Upon the execution of this Agreement, Contractor agrees to provide MCC proof of insurance which shall include the stipulations hereunder and state that such coverage will not be cancelled without thirty (30) days written notice. Failure to so provide or maintain any insurance as requested hereunder will not relieve it of any contractual obligation or responsibility herein. 10.2. Liability for Lost Shipments. Contractor responsibility will begin at the time Contractor’s courier signs a receipt for the deposit of each location, and will continue until the courier obtains a receipt for the deposit from MCC’s financial institution (UMB). Contractor will be liable for (i) the loss of any shipment up to the amount of $3.0 million dollars ($3,000,000.00), (ii) the cost to reconstruct the records necessary to determine the maker, bank, and amount of any and all lost checks, include any stop payment fees or other fees necessitated by any lost checks, and (iii) the face value of any checks which cannot be reconstructed. 10.3. Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s trustees, officers, employees, agents, and representatives harmless against any and all claims, demands, suits, costs, judgments, or other forms of liability, actual or claimed, including reasonable attorneys’ fees, for injury or damage to persons or loss or damage to property occurring or allegedly occurring in connection with any action, inaction, or conduct committed by Contractor or by Contractor’s officers, directors, employees, students, volunteers, agents, or representatives during the term of this Agreement. 10.4. No Waiver. The foregoing provisions shall not be deemed a relinquishment or waiver of any kind of applicable limitations of liability provided or available to MCC under applicable Missouri governmental immunities law. 11. Governing Law. This Agreement is governed by and constructed in accordance with the laws of the state of Missouri. BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page22 March14,2016 12. Tobacco-Free Policy. Contractor agrees to strictly abide by MCC’s tobacco-free policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times, MCC shall have the right to enforce such policy pursuant to the terms of this Agreement and under law. 13. Powers and Authority. Neither party may sign any document, perform any act, or make any commitment nor undertaking on behalf of the other party without such other party’s express written consent. 14. Successors and Assignments. This Agreement shall not be assigned by either party without the prior written consent of the other party and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 15. Assignment of Services. It is understood the Contractor shall not assign or subcontract the services in this Agreement without the written consent of MCC, and subject to MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the services. 16. Independent Contractor. The parties agree the terms of this Agreement do not constitute a formation of a partnership, joint venture, employer-employee, or other relationship and no form of agency exist between the parties. The Contractor represents and warrants that it is now and shall remain a separate and independent entity from MCC. Accordingly, no employee, contractor, subcontractor, supplier, agent, or representative of Contractor shall be deemed to be the employee, contractor, subcontractor, supplier agent, or representative of MCC. Contractor shall have on file with MCC prior to services being performed a Request for Taxpayer Identification Number and Certification form (W-9). Contractor shall be solely responsible for any acts or omissions of its employees, as well as payment of all invoice tax, FICA, FUTA, and other tax liabilities for said employees, and agrees to indemnify MCC in accordance with the indemnification provisions under this Agreement. 17. Force Majeure. Neither party shall be liable for damages or have the right to terminate this Agreement for any delay or default in performance if the delay or default is due to conditions beyond their control. Such conditions include, but are not limited to, an act of God, government restriction, or any other cause beyond the reasonable control of the party obligated to perform and which cannot be overcome by reasonable diligence and without unusual expense. 18. Severability. If for any reason, any term, covenant, or condition hereof shall be determined to be invalid or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall not be affected thereby. 19. Survival. All representations, warranties, and indemnifications made herein shall survive termination or cancellation of this Agreement. 20. No Third Party Beneficiary Rights. No third party may enforce or rely upon any obligation of, or the exercise of or failure to exercise any right of, MCC or Contractor in this Agreement. Nothing in this Agreement, whether express or implied, is intended to create any rights or remedies on any third party beneficiary. 21. Remedies. All rights and remedies of the parties, in law or equity, are cumulative and may be exercised concurrently or separately. The exercise of one (1) remedy will not be an election of that remedy to the exclusion of other remedies. 22. Non-Waivers. No delay or omission by the parties in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page23 March14,2016 any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. 23. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all offers, negotiations, discussions, and other agreements, whether written or oral, that occurred prior to the date of the execution of this written Agreement, and may not be amended except by the mutual written agreement of the parties. 24. Execution. This Agreement may be executed in counterparts, which together constitute one and the same Agreement. If a party sends a signed copy of this Agreement via digital transmission, such party will, upon request by the other party, provide an originally signed copy of this Agreement. No member or officer of MCC incurs personal liability by the execution or default of this Agreement. All such liability is released by Contractor as a condition of and consideration of the execution of this Agreement. The parties have caused this Agreement to be executed by their authorized representatives on the day and year written below. Junior College District of Metropolitan Kansas City, Missouri Contractor By: By: Name: David L. Disney Name: Title: President, Board of Trustees Title: Date: Date: BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page24 March14,2016 EXHIBIT A Schedule of Fees BidRequestNo.16‐7122‐C3R2 ArmoredCarServices MetropolitanCommunityCollege Page25 March14,2016 PART III ACKNOWLEDGEMENT OF RECEIPT 16-7122-C3R2 Armored Car Services Please fill in the requested information below and return to the Purchasing Department, as acknowledgement that you have received the Request for Proposal noted above. This is not required but by submitting this form, we will be able to provide notification of any addenda to the Bid Request. Metropolitan Community College Purchasing Department Email: Purchasing.Info@mcckc.edu Fax: 816-759-1221 Name of Firm: Address: City/State/Zip: Phone: Fax: Name (Print): Title: Email Address: Signature: Date: ☐ Yes, our company does have an interest in responding. ☐ No, our company does NOT have an interest in responding. Submit this form to MCC prior to Noon, March 22, 2016. (Proposals can still be submitted even if this form has not been sent to MCC prior to this date. Please check www.mcckc.edu/purchasing/bids for revisions or addenda that may not have been received.)