RFP15-20
REQUEST FOR PROPOSAL (RFP) NUMBER RFP 15-20 METROPOLITAN NASHVILLE PUBLIC SCHOOLS On behalf of THE METROPOLITAN NASHVILLE BOARD OF PUBLIC EDUCATION This solicitation document serves as the written determination of the Director of Purchasing that the use of Competitive Sealed Bidding is neither practicable nor advantageous to the Metropolitan Nashville Public Schools (MNPS). Therefore, this solicitation will facilitate the entering into of contract(s) by the Competitive Sealed Proposals process.
RFP Title: School Banking
Purchasing Staff Contact: Mace Neal, Contract Agent 615-259-8619
[email protected]
Posting Date: June 25, 2015
Proposal Due Date: July 15, 2015
This proposal solicitation document is prepared in a Microsoft Word (Office for Windows) format. Any alterations to this document made by the proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Metropolitan Nashville Public Schools.
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RFP15-20
NOTICE TO PROPOSERS There may be one or more amendments to this RFP. Amendments to this RFP will be added to the RFP posting on the MNPS web site at www.mnps.org and will be transmitted by email to companies so requesting. If your company desires to receive copies or notices of any such amendments and other communications issued specific to this RFP, you must provide the information requested below to
[email protected]
RFP number
15-20
Company name
_________________________
Mailing address
_________________________ _________________________ _________________________
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Phone number
_________________________
Fax number
_________________________
Contact person
_________________________
Email address
_________________________
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RFP15-20 Title:
School Banking All Submitted Proposals become Public Record after Award. Submission of a Proposal is an official waiver of confidentiality, notwithstanding any statements to the contrary that may be contained within the Proposal, or in any other notifications submitted by the proposer. See section 12 below for exceptions related to financial statements.
1) Introduction/Overview A.
Introduction The Metropolitan Nashville Public Schools (MNPS) is soliciting written Proposals from qualified Banking Institutions to provide MNPS with School Banking Services.
B.
Background The Board of Public Education provides leadership and policy direction to MNPS. MNPS is the 42nd largest urban school district in the nation. The consolidated city-county district covers Nashville and Davidson County, an area of about 525 square miles. MNPS is a vast and diverse school system, serving students from more than 80 different countries, speaking more than 70 different languages. MNPS has evolved over the years into one of the most racially, ethnically, and socio-economically diverse school districts in the country. The district is comprised of 153 schools, including 72 elementary schools, 34 middle schools, 21 high schools, 3 alternative schools, 4 special education schools, and 20 charter schools. MNPS is also proud to have the region’s first Big Picture High School, as well as 12 high schools implementing themed-based Academies and a Middle College High School that offers dual high school and college enrollment. The school district is led by a nine-member elected Board and its appointed Director of Schools. Funds for the system's operation are approved and provided by the Metropolitan Nashville City Council, as the Board has no taxing authority. Based on a solid foundation of excellence, MNPS has taken public education into the 21st Century with zeal, integrity, creativity, and with the growing support and collaboration of the community. Further information on MNPS is available at its website: www.mnps.org.
2)
Requirements A.
Statement of Work/Specifications This section describes the services that MNPS intends to use as a bank customer. There are questions embedded in this section that are repeated in the proposal instructions.
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RFP15-20 Our objective in requesting services is to more effectively and efficiently operate our cash management system. The District may use additional services if the District believes there would be a beneficial cost/benefit relationship. PRIMARY SERVICES: The District currently utilizes the following accounts: Student Activity Accounts – Checking and Savings for student extra-curricular activities. Electronic Processing COLLECTION SERVICES Collection services are those services related to the acceleration of the availability of funds for disbursement. ACH Deposits: The schools receive funding via ACH and other sources. All deposits via ACH should require no prior notification of the bank and should be available for withdrawal immediately. Over the Counter Deposits – The District provides various educational services for which cash and checks are received for payment. A staff member prepares and deposits these funds daily, or as needed. The check-clearing time is vital in an effective cash management system. With the understanding that most checks received by the District are drawn on local banks, we require same day availability of “On Us” and local bank deposits received by bank. Please provide your check-clearing method and policy for checks that are drawn on other than local banks to identify the time it will take for deposited funds to become collected and available for investment. If bank does not provide same day availability of “On Us” and local checks, please detail the policy in your response. (See Response to Proposal –Attachment B-2) MONTHLY REPORTING The financial institution will, on a monthly basis, provide the District with a detailed statement of activity listing each transaction and ending daily bank balance. Statements should cover the period from the first of the month to the last day of the month. A listing of the cleared checks in numerical order must be provided. This listing should include the check number, check clearing amount, and date the check was cleared. Also, this report must include a total of outstanding checks for the month. The schools should receive these reports no later than the fifth (5 th) business day of the following month with an end of the month cut-off. ELECTRONIC SERVICES
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RFP15-20 Please describe your financial institution’s ability to provide the following services via a secure internet site:
Previous day and historical balances and transactions reporting Current day reporting of all electronic transactions and check presentment Reporting on returned deposits, returned ACHs, and Notification of Charges (NOCs) Submission of stop payment Review of previous day or historical check images (front and back)
Included with this information should be complete details of fees and prices for such services. BANKING SERVICES FEES Banking services can be paid for by one of two methods. The District request that your proposal response include both the compensating balance and the direct charge methods. The District reserves the right on an annual basis to choose either the compensating balance or the direct charge method. This document includes a listing of the number of transactions used during a normal year for each banking services. It is understood that the direct services fees are fixed for the period of this proposal. Please provide us with per item cost and the annual cost for each service. (See Attachment D)
3)
MNPS ACCOUNT REQUIREMENTS
Bank accounts may only be established and maintained in financial institutions whose deposits are federally insured. Contracted banks must participate in the State of Tennessee Collateral Pool or agree to pledge collateral for any deposits in excess of the insured limits in accordance with the state statutes. Accounts must be set up as a government account (Tier I Exemption for BSA) and as follows: Metropolitan Nashville Public Schools d/b/a School Name School Address City, Tennessee Zip EIN #62-0717138 (MNPS EIN not the individual school’s EIN) With at least 3 signers: Principal Bookkeeper Asst. Principal or Designee
Each check requires 2 signers A validated deposit slip/receipt must be returned with each deposit made.
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RFP15-20
The banking institution will provide a minimum of a 2 locking bank bags for each school. Additional locking bags will be made available for purchase. Online access must be review only. No transactions will be allowed online. Interest bearing accounts are preferred. Schools must have access to a night depository. Schools must have a safekeeping agreement for deposit bags with the contracted banking institution. Contracts will be awarded by school cluster. Currently, there are 12 designated clusters in the Metropolitan Nashville area. (http://www.mnps.org/pages/mnps/Parents___Students/Family_Community_Partnership/
Family_Involvement_Specialists)
4)
Excess funds will be maintained in investment accounts – CD’s, money market accounts or savings accounts
Inquiries: All questions concerning this RFP must be submitted by no later than July 2, 2015 Direct all questions via email to
[email protected] Include the RFP number, page, and paragraph number for each question. The only official answer to questions submitted will be provided in writing and posted as an Amendment to this RFP.
5)
Source Selection and Contract Award
Award(s), if made, will be made to the Responsive and Responsible Offeror(s) whose proposal is most advantageous to MNPS, taking into consideration price and the other evaluation criteria set forth in this RFP (see section 10). MNPS will not use any other factors or criteria, other than those listed in section 10, in the evaluation of proposals received.
MNPS reserves the right to negotiate price and contract terms and conditions with the most qualified firm(s) to provide the requested service. If a mutually beneficial agreement with the highest ranked firm is not reached, MNPS reserves the right to enter into contract negotiations with the next highest ranked firm and continue this process until an agreement is reached.
An award of contract does not guarantee any volume or dollar amount of purchase. Awarded vendor(s) will receive a valid Purchase Order issued by Metro Nashville Public Schools for any orders.
6) Projected Timetable The following projected timetable should be used as a working guide for planning purposes. MNPS reserves the right to adjust this timetable as required during the course of the RFP process. Event RFP Issued Deadline for submittal of questions Rev 3/13/2015
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Date 06/24/15 07/02/15
RFP15-20 Proposals Due 7)
8)
General criteria to be determined “Responsive”
Does the proposal include all required information, including completed Attachment forms and affidavits?
Was the proposal delivered on or before the stated deadline? Did it include the requisite number of copies (hard & electronic)?
Does the proposer take significant exceptions to the MNPS standard contract terms?
General criteria to be determined “Responsible”
9)
07/15/15
Does the Offeror demonstrate an understanding of MNPS’s needs and proposed approach to the project? Does the Offeror possess the ability, capacity, skill, and financial resources to provide the service? Can the respondent take upon itself the responsibilities set forth in the RFP (and resultant contract) and produce the required outcomes in a timely fashion? Does the Offeror have the character, integrity, reputation, judgment, experience, and efficiency required for the project? Does the Offeror propose to perform the work at a fair and reasonable price?
Instructions for Proposal A. Compliance with the RFP Proposals must be in strict compliance with this Request for Proposals. Failure to comply with all provisions of the RFP may result in disqualification. A. Required Forms Offeror must complete and submit Attachment A (Contact Information) and Attachment B (Certification Regarding Debarment or Suspension) with the Proposal. B. D. Acknowledgment of Insurance Requirements By submitting a proposal, Offeror acknowledges that it has read and understands the insurance requirements for the proposal (see Attachment C, section 16). Offeror also understands that the evidence of required insurance must be submitted within fifteen (15) working days following notification of its offer being accepted; otherwise, MNPS may rescind its acceptance of the Offeror’s proposal. E. Delivery of Proposals All proposals are to be delivered before 2:00 PM CT on July 15, 2015 to: Metropolitan Nashville Public Schools Attention: Mace Neal RFP 15-20 Purchasing Department 2601 Bransford Avenue Nashville, TN 37204 MNPS WILL NOT accept any proposals received after the date and time shown above, or delivered to a location other than the one listed above. Late or
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RFP15-20 incorrectly delivered proposals will be returned at Offeror’s expense or destroyed after 30 days.
Proposers must submit one (1) original, and four (4) exact duplicate, numbered copies of the proposal and one (1) electronic copy of the complete proposal, including any attachments, on a WINDOWS PC compatible CD or flash drive. It is not necessary to submit each proposal in a separate envelope.
List the RFP Number on the outside of the box or envelope and note, “RFP 15-20 enclosed”.
All proposals must be signed by an officer or employee having authority to legally bind the Respondent. Any manual corrections to the proposal must be initialed. Respondents are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions.
Proposals will be opened publicly in a manner to avoid public disclosure of contents; only names of the Proposers will be read aloud.
Unless by specific invitation, evaluation committee members, school board members and school board personnel (except the Purchasing Staff Contact listed for this RFP) are not to be contacted prior to the Board of Education’s decision to approve or reject the recommendation presented to it by the evaluation committee. Failure to comply with this requirement may be grounds for disqualification. Specifically, this NO-CONTACT PERIOD shall commence on the initial date of posting of the Request for Proposals and continue through and include the date the Board of Education makes its determination to approve or reject the final recommendations.
F. Evaluation of Proposals (Procedure)
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MNPS will first examine proposals to reject those that are clearly non-responsive to the stated requirements. Proposers who are determined to be non-responsive and/or non-responsible will be notified of this determination.
An Evaluation Committee appointed by the MNPS Director of Purchasing will evaluate the proposals. Outside agencies or consultants of MNPS may also be asked to participate on the Committee. The Committee will score all responsive and responsible proposals based upon the criteria detailed herein. Upon completion of the initial scoring, the Committee may either recommend award(s), or enter into a short-listing process with those offerors whose proposals are determined to be in the competitive range.
The evaluation process that follows the initial scoring may include, but not be limited to, a series of requests to offerors for clarifications, additional discussions, presentations, amended proposals, contract negotiations, best and final offers, and/or detailed reference checks. This process may involve multiple short-listing rounds for the purpose of achieving contracts that are in the best interests of MNPS as determined by the Committee. Evaluation scores may be adjusted upward or downward during this step. Subsequent scorings will be based on comparison of only the short listed proposers.
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RFP15-20
The MNPS Director of Purchasing reserves the right to withdraw this RFP at any time for any reason and to issue such clarifications, modifications, and/or amendments as he/she may deem appropriate.
Receipt of a proposal by the MNPS Purchasing Department, or a submission of a proposal to the MNPS Purchasing Department, offers no rights upon the Offeror nor obligates MNPS in any manner.
The Director of Purchasing reserves the right to waive minor irregularities in proposals, provided that such action is in the best interest of MNPS. Any such waiver shall not modify any remaining RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other contract requirements if the Offeror is awarded the Contract.
G. Ambiguity, Conflict, or Other Errors in the RFP If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer shall immediately notify the MNPS Purchasing Staff Contact for this RFP of such error in writing. Any resultant modification(s) to the RFP will be made by written and published amendment to the RFP. Failure of the proposer to notify MNPS of any ambiguities, conflicts, discrepancies, omissions, or other errors in the RFP, prior to submitting the proposal, shall be a waiver of the same and render them not subject to later protest by the proposer. H. Proposals and Presentation Costs MNPS will not be liable in any way for any costs incurred by any Offeror in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions or negotiations. I.
Acceptance and Rejection of Proposals Metro Nashville Public Schools is under no obligation to accept any Proposal and reserves the right to accept or reject, in whole or in part, any or all proposals submitted.
J. Requests for Clarification of Proposals Requests by the Evaluation Committee for clarification of proposals shall be distributed by the Purchasing Staff Contact in writing (or email). K. Validity of Proposals All proposals must be valid for a period of ninety (90) days from the proposal due date. L. Protests Any actual or prospective offeror who is aggrieved in connection with the Request for Proposal or award of a contract may protest to the Director of Purchasing. The protest shall be submitted in writing in accordance with FMp 2.140 (Procedure for Protest and Appeal for Metropolitan Nashville Board of Public Education and Metropolitan Nashville Public Schools) within ten days after such aggrieved person knows or should have known of the facts giving rise thereto. The Procedure can be viewed at: http://www.policy.mnps.org/AssetFactory.aspx?did=59679 Rev 3/13/2015
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RFP15-20 10)
Evaluation Criteria A. Response Format The Proposal is to include a Table of Contents and sections for each Tab listed below and should be organized in the order shown. Each section should be clearly labeled, with pages numbered. Failure of a proposer to include all listed items may result in the rejection of the Proposal. B. Evaluation Criteria (Factors) Proposals will be scored and ranked by the Evaluation Committee based on the criteria set forth below and an overall assessment of the “best value” to the district.
Tab I, Proposed Approach and Timeline (not to exceed 10 pages) Total points available for this criterion are 15 points. Open with a cover letter indicating the underlying philosophy of your firm in providing the requested service/product. Provide a descriptive narrative of your firm’s proposed approach and timeline to successfully complete the project. This section should include: Verifiable evidence-based past performance indicators for the elements of your proposed approach (How do you know that your approach will work?) Performance metrics and measurement plan to be used for your approach. Your plan to provide administrative oversight of the services. Your plan to provide communication interface with MNPS. Procedures regarding documentation and record keeping Potential risks associated with the execution of this contract and how your firm proposes mitigating those risks.
Tab II, Attachment D Total points available for this criterion are 30 points.
Tab III, Fees Pricing Total points available for this criterion are 25 points. Proposer may provide a Fee Pricing Page to define pricing for additional valueadd features/products, optional items, etc. This is not to be substituted for the Price Proposal Page. All prices submitted must be free of all federal, state and local taxes unless otherwise imposed by a government body and applicable to the materials on this RFP. For services or goods that are applicable throughout the district, unless explicitly stated otherwise in the final contract, Contractor is not guaranteed any specific quantity of purchase during the contract term. Pricing provided in response to this RFP will apply to any incremental quantity purchased, except in the case that responder quotes pricing in a quantity-price type of matrix/table.
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Tab IV, Past performance and References Total points available for this criterion are 15 points. Provide two to five client references for similar projects in size and scope successfully completed by your firm within the last three years. Page 10 of 26
RFP15-20
–
Information provided for each client shall include the following: a) Client name, address, email, and current telephone number b) Brief description of the project and services provided c) Time period of the project or contract d) Explanation of any significant variances to the project plan (cost, schedule, etc.) MNPS may also consider other sources of pertinent past performance information, including the district’s own experience with the proposer. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal and will be reflected in the scoring.
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Tab V, Exceptions to MNPS Standard Contract Terms Total points available for this criterion are 15 points. – Attachment C to this RFP is the MNPS standard terms & conditions for contracts. List any exceptions to the general terms and conditions. Any additional terms, or documents containing terms, that the Proposer submits for inclusion in the final contract or as a requirement for MNPS to sign prior to using or receiving Proposers goods or services, are to be listed as an exception. Failure to disclose these at the time of submitting the Proposal is grounds for disqualification as non-responsive. If no exceptions are taken, include a statement to that effect in the proposal. Exceptions, or additions, to the standard terms, which MNPS considers non-negotiable, may be grounds for declaring your proposal as nonresponsive.
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RFP15-20 Attachment A Contact Information
Company’s Legal Name: ____________________________________ Company’s Official Address: ___________________________________ ___________________________________ Federal ID Number: __________________________ Company Web Site (URL): ____________________________________
Contractor’s contact person for contract administration Name: ______________________________________ Address: ____________________________________ ____________________________________ Phone number: _______________________________ Fax number: _________________________________ E-mail address: _______________________________
Contractor’s agent or contact person for legal notifications Company: ___________________________________ Name: ______________________________________ Address: ____________________________________ ____________________________________ Phone number: _______________________________ Fax number: _________________________________ E-mail address: _______________________________
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RFP15-20
Attachment B Certification Regarding Debarment or Suspension In compliance with contracts and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a proposal in response to this Request for Proposal: 1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are listed in the List of Parties Excluded from Federal Procurement and Nonprocurement Programs issued by the General Services Administration. 2. Principals, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions). 3. The Proposer shall provide immediate written notice to the Metro Nashville Public Schools Director of Purchasing if, at any time prior to award, the Proposer learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an erroneous certification, in addition to other remedies available to Metro Nashville Public Schools, the Metro Nashville Public Schools Director of Purchasing may terminate the contract resulting from this solicitation for default.
Printed Name of Representative: _______________________________ Signature/Date: _______________________________/_______________ Company Name: _______________________________ Address: _______________________________ City/State/Zip: _______________________________ SSN or TIN No: _______________________________
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RFP15-20
Attachment C Contract Standard Terms & Conditions 1.
2.
Delivery and Installation. All deliveries of goods or performance of services shall be made pursuant to a written purchase order issued by Metropolitan Nashville Public Schools, which assumes no liability for any goods delivered or services performed without such purchase order. Goods defined in this Contract will be ordered and supplied on an as needed basis only. Nothing in this Contract shall be construed as a minimum guarantee of goods to be ordered from Contractor. Compensation. MBPE will make reasonable efforts to make payments within 30 days of receipt of invoice but in any event shall make payments within 60 days. MBPE will make reasonable efforts to make payments to small businesses within 15 days of receipt of invoice but in any event shall make payment within 60 days. Contractor shall submit a written report with invoice to MBPE each month setting forth the services provided in the billing period. Such report shall include, but not limited to, description of type of service, date, time and duration of service, agendas, sign-in sheets, attendance rosters. Payment of invoices may be withheld if documentation is not sufficient. MBPE may request additional documentation or explanation regarding services at any time and Contractor shall respond to such requests promptly with such additional information as MBPE may require. Failure to provide such additional information or explain why it cannot be provided within thirty days of receipt of the request from MBPE may be cause for termination of this contract.
3.
Taxes. MBPE shall not be responsible for any taxes that are imposed on Contractor other than sales/use taxes stated above. Furthermore, Contractor understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to MBPE.
4.
Warranty. a)
Contractor warrants that for a period of one year from the date of delivery, the goods provided, including software, shall be free of any defects that interfere with or prohibit the use of the goods for the purposes for which they were obtained. Such purposes are stated in the RFP.
b)
During the warranty period, Contractor shall, at the sole option of MBPE, repair or replace any defective goods, by written notice to Contractor.
5.
License. Contractor warrants and represents that it is the owner of or otherwise has the right to and does hereby grant MBPE a license to use any software provided for the purposes for which the software was obtained. Such purposes are set forth in MBPE' RFP.
6.
Terms of Service. In the event of any conflict between the terms of this Contract and the Contractor’s standard Terms of Service (“TOS”), any terms posted on Contractor’s website or application, or any terms for which a user is required to click “accept” on-line in order to log in to Contractor’s application, the terms of this Contract shall control.
7.
Copyright, Trademark, Service Mark, or Patent Infringement. a)
Contractor shall, at its own expense, be entitled to and shall have the duty to defend any suit which may be brought against MBPE to the extent that it is based on a claim that the products or services furnished infringe a copyright, Trademark, Service Mark, or patent.
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RFP15-20 Contractor shall further indemnify and hold harmless MBPE against any award of damages and costs made against MBPE by a final judgment of a court of last resort in any such suit. MBPE shall provide Contractor immediate notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority to enable Contractor to do so. No costs or expenses shall be incurred for the account of Contractor without its written consent. MBPE reserves the right to participate in the defense of any such action. Contractor shall have the right to enter into negotiations for and the right to effect settlement or compromise of any such action, but no such settlement or compromise shall be binding upon MBPE unless approved by the Metro Department of Law Settlement Committee and, where required, the Metro Council. b)
c)
If the products or services furnished under this contract are likely to, or do become, the subject of such a claim of infringement, then without diminishing Contractor's obligation to satisfy the final award, Contractor may at its option and expense: i)
Procure for MBPE the right to continue using the products or services, or
ii)
Replace or modify the alleged infringing products or services with other equally suitable products or services that are satisfactory to MBPE, so that they become non-infringing, or
iii)
Remove the products or discontinue the services and cancel any future charges pertaining thereto, provided, however, that Contractor will not exercise option b.iii. until Contractor and MBPE have determined that options b.i. and b.ii. are impractical.
Contractor shall have no liability to MBPE, however, if any such infringement or claim thereof is based upon or arises out of: i)
The use of the products or services in combination with apparatus or devices not supplied or else approved by Contractor, or
ii)
The use of the products or services in a manner for which the products or services were neither designated nor contemplated, or
iii)
The claimed infringement in which MBPE has any direct or indirect interest by license or otherwise, separate from that granted herein.
8.
Termination for Breach. Should Contractor fail to fulfill in a timely and proper manner its obligations under this contract or if it should violate any of the terms of this contract, MBPE shall have the right to immediately terminate the contract. Such termination shall not relieve Contractor of any liability to MBPE for damages sustained by virtue of any breach by Contractor. Contractor shall be in default hereof if it becomes insolvent, makes an assignment for the benefit of its creditors, a receiver is appointed or a petition in bankruptcy is filed with respect to Contractor and is not dismissed within thirty (30) days.
9.
Termination for Funding. In the event MBPE, in its sole discretion, does not or cannot obtain or continue the funding for this Contract from any source or sources at an aggregate level sufficient to allow for payment for the Work, MBPE may exercise one of the following alternatives: (1) terminate this Contract effective upon a date specified in a Termination Notice; or (2) continue this Contract by reducing, through written notice to Contractor, the amount of this Contract and the scope of work, consistent with the nature, amount, and circumstances of the loss of funding. Any termination or reduction of this Contract pursuant to this subsection shall not affect any obligations or liabilities of either Party accruing prior to such termination or reduction. MBPE shall not face any liability or penalty as a result of such termination or reduction of this Contract.
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RFP15-20 10. Termination for Convenience. MBPE may terminate this Contract at any time upon thirty (30) days written notice to Contractor. Contractor shall be paid in full for all authorized expenditures and any goods or services satisfactorily provided to date, but in no case shall MBPE be liable to Contractor for compensation for any good or service which has not been rendered. A termination for convenience shall not be a breach of this Contract by MBPE. The final decision as to the amount, for which MBPE shall be liable, shall be determined by MBPE. Contractor shall not have any right to any actual general, special, consequential, incidental, or any other damages whatsoever of any description or amount for MBPE’s exercise of its right to terminate for convenience. 11. Compliance with Laws. Contractor agrees to comply with any applicable federal, state and local laws and regulations. 12. Maintenance of Records. Contractor shall maintain documentation for all charges against MBPE. The books, records, and documents of Contractor, insofar as they relate to work performed or money received under the contract, shall be maintained for a period of five (5) full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by MBPE or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. 13. MBPE Property. Any MBPE property, including but not limited to books, records and equipment, that is in Contractor's possession shall be maintained by Contractor in good condition and repair, and shall be returned to MBPE by Contractor upon termination of the contract. All goods, documents, records, and other work product and property produced during the performance of this contract are deemed to be MBPE property. 14. Partnership/Joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this paragraph. Criminal Background Checks. Contractor shall comply with Public Chapter 587 of 2007, as codified in Tennessee Code Annotated Section 49-5-413, which requires all contractors to facilitate a criminal history records check conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation for each employee prior to permitting the employee to have contact with students or enter school grounds when students are present. The requirement stated in the preceding paragraph does not apply to a person whose contract is for the performance of a service at a school-sponsored activity, assembly or event at which school officials or employees are present when the service is performed and where the activity, assembly or event is conducted under the supervision of school officials or employees. 15. Insurance. Contractor shall maintain comprehensive general liability insurance, automobile liability insurance, child abuse and sexual molestation insurance, professional liability insurance, and, if necessary, commercial umbrella insurance, each with limits of not less than $1,000,000 per occurrence. Contractor shall maintain workers’ compensation insurance with statutory limits as required by the State of Tennessee or other applicable laws and employers’ liability insurance with limits of not less than $500,000. A certificate of insurance, on a standard ACCORD form, evidencing said coverage shall be provided to MBPE prior to commencement of performance of this Contract. The METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY by and through the METROPOLITAN BOARD OF PUBLIC EDUCATION shall be included as an additional insured and this insurance shall apply as primary insurance with respect to any other Rev 3/13/2015
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RFP15-20 insurance programs afforded MBPE. There shall be no endorsement or modification to make this insurance excess over other available insurance. Throughout the term of this contract, Contractor shall provide an updated certificate of insurance upon expiration of the current certificate. 16. Indemnification and Hold Harmless. Contractor shall indemnify and hold harmless MBPE, its officers, agents and employees from: a)
Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of Contractor, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the contract.
b)
Any claims, damages, penalties, costs and attorney fees arising from any failure of Contractor, its officers, employees and/or agents, including it sub or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.
c)
MBPE will not indemnify, defend or hold harmless in any fashion the Contractor from any claims, regardless of any language in any attachment or other document that the Contractor may provide.
17. Attorney Fees. Contractor agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event MBPE prevails, Contractor shall pay all expenses of such action including MBPE's attorney fees and costs at all stages of the litigation. 18. Assignment--Consent Required. The provisions of this contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Except for the rights of money due to Contractor under this contract, neither this contract nor any of the rights and obligations of Contractor hereunder shall be assigned or transferred in whole or in part without the prior written consent of MBPE. Any such assignment or transfer shall not release Contractor from its obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE ATTENTION OF MBPE’S CHIEF ACCOUNTANT, DIVISION OF ACCOUNTS, DEPARTMENT OF FINANCE, 2601 BRANSFORD AVENUE, NASHVILLE, TENNESSEE 37204. 19. Entire Contract. This contract sets forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties. 20. Force Majeure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. 21. Governing Law/Venue. The validity, construction and effect of this contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee. Tennessee law shall govern regardless of any language in any attachment or other document that the Contractor may provide. Any action between the parties arising from this agreement shall be maintained in the courts of Davidson County, Tennessee. Rev 3/13/2015
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RFP15-20 22. School District Statutory Immunity. Any other term, covenant, or condition of this Contract to the contrary notwithstanding, the School District, its officers, employees and agents, and the members of the Board of Education, retain their statutory governmental, official, and any other immunity provided pursuant to the laws of the State of Tennessee, including under T.C.A. 29-20-101 et seq., and do not waive the defenses of governmental and official immunity derived from such laws. The School District does not waive for itself or its officers, employees, agents, or for members of the Board of Education, any other defenses or immunities available to it or any of them. 23. Modification of Contract. This contract may be modified only by written amendment executed by all parties and their signatories hereto. 24. Waiver. No waiver of any provision of this contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default. 25. Severability. Should any provision of this contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this contract. 26. Confidentiality, Student Records. a)
Contractor shall keep in strict confidence as required and to the fullest extent required by any Applicable Law, including but not limited to the Family Educational Rights and Privacy Act, also known as FERPA (20 U.S.C.A. s1232g), any and all records and information, in whatever form or format received, pertaining to MBPE’s individual students and children, including but not limited to any academic or grade information, attendance, truancy, discipline, receipt of special education services or supplemental educational services, social security or public benefits, or information as to race, ethnicity, or disability.
b)
With regard to any reports, studies, or other works developed in the course of this Contract, or as a result thereof, Contractor shall not publish Confidential Information or any other information which identifies students, employees, or offices of MBPE by name without first obtaining written consent from such individuals, or in the case of a student, his or her parent or legal guardian. Contractor shall provide to MBPE for its review any proposed publication, brochure, or advertisement in which MBPE is named not less than thirty (30) calendar days prior to submission for publication and Contractor shall remove MBPE’s name or information identifying MBPE from the publication if MBPE requests removal. Contractor shall not issue, publish, or divulge any Materials developed or used in the performance of this Contract or make any statement to the media relating to this Contract without the prior consent of MBPE.
27. Contingent Fees. Contractor hereby represents that Contractor has not been retained, or retained any persons, to solicit or secure a Metropolitan Government contract upon an agreement or understanding for a contingent commission, percentage, or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Breach of the provisions of this paragraph is, in addition to a breach of this contract, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under Metropolitan Government contracts. 28. Gratuities and Kickbacks. It shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, Rev 3/13/2015
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RFP15-20 preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therefor. It shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or a person associated therewith, as an inducement for the award of a subcontract or order. Breach of the provisions of this paragraph is, in addition to a breach of this contract, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under Metropolitan Government contracts. 29. Non-Discrimination. It is the policy of the Metropolitan Government not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring, promotion, demotion, dismissal or laying off, and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Contractor certifies and warrants it will comply with this policy. No person shall be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in MBPE’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor shall they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with MBPE or in the employment practices of MBPE’s Contractors. Accordingly, all Proposers entering into contracts with MBPE shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination. 30. Compliance with the Americans with Disabilities Act. The contractor will be required to provide assurances that it does not discriminate on the basis of disability in admission to, access to, or operations of its program, services, or activities, including hiring or employment practices. The contractor will insure that qualified applicants and participants with disabilities in its services, programs, or activities have communication access that is equally effective as that provided to people without disabilities. Information shall be made available in accessible formats and auxiliary aids and services shall be provided upon the reasonable request of a qualified person with a disability. 31. Effective Date. This contract shall not be binding upon the parties until it has been signed first by the Contractor and then by the authorized representatives of the Metropolitan Government and has been filed in the office of the Metropolitan Clerk. When it has been so signed and filed, this contract shall be effective as of the date first written above.
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RFP15-20 ATTACHMENT D
THIS PROPOSAL, WHICH INCLUDES, Section (A, B, AND C) MUST BE SUBMITTED
NAME OF BANK:______________________________________________________
CONTACT PERSON:___________________________________________________
STREET ADDRESS:___________________________________________________
CITY/ST/ZIP: ________________________________________________________
TELEPHOHNE:______________________________________________________
FAX NUMBER: ______________________________________________________
EMAIL: ____________________________________________________________
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RFP15-20 SECTION A – PROPOSED FEE SCHEDULE Name of Responding Bank: ________________________________________________________________________ Please indicate below the fees your bank will charge The School’s for the applicable services. If there is no fee associated with the service, please indicate by writing $0.00.
Services
Charge Per Item:
Account Maintenance
$
Check Paid
$
Deposit Slips Processed
$
Checks Deposited
$
Currency Processing
$
FDIC Assessment Fee
$
Transfer Between Accounts
$
Online Banking Services Fees – review only Direct Deposit Processing Fees
$
ACH Transactions:
$
Originating Files
$
Originating credits
$
Originating debits
$
Prenote credit items
$
Returned ACH items
$
Notification of incoming ACH
$
Remote Deposits
$
$
Transmission
$
Transactions
$
Equipment
$
File storage/viewing capabilities
$ $
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RFP15-20 Deposit Tickets – 2 Parts
$
Check Stop Payment
$
Duplicate check/copy fee
$
Research Fees
$
Returned Check Fee
$
Certified Check Fee
$
Check Archiving
$
Courier Service
$
List below any additional fees that your bank may charge the schools for services not listed above. IF ADDITIONAL FEES ARE NOT LISTED BELOW, THE COMPANY WILL ASSUME THAT NO FEES WILL BE ASSOCIATED WITH OTHER SERVICES REQUETED OR REQUIRED NOT SPECIFIED ABOVE:
Specify any cost for which you bank will pay to offset the cost of the District’s transfer of accounts from the current provider.
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RFP15-20 SECTION B-RESPONSE TO PROPOSAL Collection Services: Please provide your check-clearing method and policy for checks that are drawn on other than local banks to identify the time it will take for deposited funds to become collected and available for investment. If bank does not provide same day availability of “On Us” and local checks, please detail the policy in your response. Disbursement Services: Please indicate the communication methods and technology necessary for the District to transmit direct deposit information to the Bank. Response must include any deviation from the District requirements. Electronic Services: Describe your electronic services and include a detailed description of recommended District technology necessary to utilize these services. Bank Credit Evaluation (Must Be FDIC Insured) Please provide current rating reports for your institution as well as audited financial statements for your last closed fiscal year. Banking Service Fees Please provide us with per item cost and the annual cost for each service. See also Section A
Compensated Balance Calculations: No minimum balance to be required. Please provide your compensated balance calculations and your policies relating to the evaluation of this established balance. *Provide Tier options
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RFP15-20 SECTION C – QUESTIONNAIRE INSRUTCTIONS: Please provide complete answer to each question. Attach schedules as necessary. applicable, please indicate N/A
If not
Depository Services Processing 1.
List the location of Bank Branches for each school cluster for school to take daily deposits? (http://www.mnps.org/pages/mnps/Parents___Students/Family_Community_Partners
hip/Family_Involvement_Specialists) 2.
Does the bank provide assistance with charged fees for deposit slips, and other charge fees/issues? Please provide information
3.
Are night drop, vault, remote and branch service options available? Is pricing different for utilizing these different deposit options? Do you provide locked deposit bags? (at least two) Do you provide the sealed deposit bags for night deposits?
4.
What is the cut-off time to ensure same day ledger credit? a) Is it the same for night drop, vault, and branch services? b) Is it the same for cash as for checks, etc? c) Are there any options that might affect this cut –off time (e.g. provisional credit, delayed verifications)?
5.
Are weekend or holiday deposit services available?
6.
Do you limit the number of deposit tickets that can be included in one deposit bag?
7.
Are the deposit tickets that you provide available in multiple part forms? How many copies does the bank require?
8.
Do you accept loose and/or rolled coins for deposit at vault, branch and night drop locations? Is there a fee for depositing loose or rolled coins?
Deposition Verification 9.
When counterfeit bills are discovered, what is your notification and adjustment process?
Return Item Procession 10. Return items must be sent through one time. Would that be an issue? If so, please explain. st
11. Monthly statements closeouts at months end must be available to view by the 1 of the next month. Is this attainable? 12. Provide the bank’s standard return item and reclear processing instructions. List any non-standard options that are available. 13. Is it bank policy to refuse items not sent through the system in a timely manner? Account Reporting 14. Can you provide electronic reporting of deposit detail activity? Rev 3/13/2015
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RFP15-20 15. On what frequency is the information available (e.g., daily, weekly) a. b.
Is this also available through the internet? Can multiple users from multiple locations access the information? If so, can the bank restrict users to accessing only portions of the information? Do users have the flexibility to access only potions of the information?
16. For daily reporting, what time each day is the data available? 17. Will the detailed account reporting system provide beginning and ending ledger (book) balances, collected balances, and float assignment 18. What current-day reporti is available through the reporting system? 19. How many business days is data stored on the reporting system and available for customer access? 20. Does the access include entry of stop payments? 21. What technical specifications will be required for our system? 22. Is specific software required to communicate with the bank’s system? 23. Are transmission file(s) created and available for access by personal computer? Is internet access available? 24. Describe the techhincal support available to aid in electronic data transmission. 25. Describe the bank’s security procedures for its information reporting system, both for access and information protection. Transaction Research 26. What documentation is provided with deposit correction adjustments? 27. Within what time frame can you provide requested copies or documentation? What delivery options are available? Disaster Recovery 28. Describe the bank’s disaster recovery plan in detail. 29. Where are the off-site facilities located? ACH Processing 30. Describe the service delivery method (direct transmission, PC-based system, terminal input) which you offer. Include any alternative methods. 31. What procedures are followed when a customer submits a file that exceeds the limit? Miscellaneous 32. Describe the bank’s image processing capabilities. a. Do they include on-line customer access to return and adjustment images? b. If not currently available, when do you plan to implement image services? c. What are the hardware and software requirements for the customer? 33. Describe the bank’s customer service organizational structure 34. Will a specific customer service representative be assigned to handle this business?
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RFP15-20 35. Are there any minimum balances required for any accounts that may be utilized by the school(s)? 36. Will the bank provide deposit stamps with account numbers for each fund/account? 37. Pleas indicate how the bank would prefer the school(s) to communicate daily transaction to safekeeping personnel (e.g., fax, e-mail, voice) 38. Lis the means by which the bank could make reports available to the school(s) (online, paper, fax, etc.) . Be sure to identify any special communications capability or equipment requirements that would be necessary to access the reports. 39. Within what time frame would information be available on-line?
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