TOWN OF PLATTSBURGH ATM SERVICE CONTRACT

Request for Proposals 2014 (RFP) Proposals for an ATM Service Contract are being solicited for the TOWN OF PLATTSBURGH Town Hall. Proposals must be submitted at the Town of Plattsburgh Office of the Town Clerk by 3:00 PM December 19, 2014. Information and proposal specifications for bidders and other contract documents may be picked up between the hours of 8:00 AM and 3:00 PM prevailing time, Monday through Friday at the TOWN OF PLATTSBURGH TOWN CLERK’S OFFICE, 151 BANKER ROAD, PLATTSBURGH, NEW YORK 12901

The Town reserves the right to waive any informality or to reject any or all proposals. No proposal may be withdrawn after the actual date of the opening thereof. A signed Non-Collusion Certificate must accompany all proposals.

By order of the Town Board Dated: /s/ Rickey J. Collins, Town Clerk Town of Plattsburgh

TOWN OF PLATTSBURGH Supervisor’s Office

151 BANKER ROAD

PLATTSBURGH, NEW YORK 12901-7307 (518) 562-6813

FAX # (518) 561-3136

REQUEST FOR PROPOSAL TO PROVIDE ATM SERVICES

AT THE TOWN OF PLATTSBURGH TOWN HALL

This RFP defines the situation or object for which the goods and or services are required, how they are expected to be used, and/or problems that they are expected to address. Vendors are invited to propose solutions that will result in the satisfaction of the Town’s objectives in a cost-effective manner. The proposed solutions are evaluated against a predetermined set of criteria of which price may not be the primary consideration.

Closing date for the Request for Proposal is 3:00 pm, local time, on December 19, 2014

Send a clearly MARKED ORIGINAL of each proposal.

For further information contact:

Rickey Collins Town Clerk Town of Plattsburgh 151 Banker Road New York 12901 Telephone: 518-562-6830

REQUIREMENTS INTRODUCTIONTOWN and MISSION

PROPOSAL PREPARATION AND SUBMISSION All submissions must conform to the Vendor Response Format and all the Requirements as outlined in this proposal. Proposers are cautioned to read the requirements carefully and follow the response format of this Request for Proposal as any deviation from the format and requirements listed, may be cause for rejection.

Thomas E. Wood Michael S. Cashman Gerard A. Renadette Rickey J. Collins James J. Coffey Councilor Councilor Councilor Town Clerk Town Attorney

Bernard C. Bassett Supervisor

Martin D. Mannix

Deputy Supervisor/Councilor

CLOSING DATE A clearly marked original must be received at The Town of Plattsburgh Town Hall by 3:00 PM, local time on, December 19, 2014, addressed to the Town Clerk. Proposal must be clearly marked with the name and address of the proposer. AMERICANS WITH DISABILITIES The Town of Plattsburgh is committed to full compliance with the Americans with Disabilities Act. To that end, the Town is committed to creating an accessible environment for all. To request accommodations that you may require, please call Rickey Collins, Town Clerk, at (518) 562-6830. Please request these accommodations four (4) business days in advance of the bid opening so that we can seek to meet your needs.

TECHNICAL REQUIREMENTS PURPOSE The purpose of this RFP is to inform the private sector of a potential business opportunity to provide Automated Teller Machine (ATM) services at the Town of Plattsburgh Town Hall. Firms shall have a successful track record in providing, installing, and servicing Automatic Teller Machines. ATM access must utilize existing regional and national cards (e.g., PLUS, CIRRUS, Visa, MasterCard, American Express, Local Credit Unions, Discovery, etc.) rather than requiring issuance of any additional cards and/or access codes. The Town intends for this Request for Proposal to result in the awarding of one or more concession(s) for Automated Teller Machine services in the best interest of the Town, its employees, customers, and residents. PROJECT BACKGROUND For a period of time there has been a need for individuals to have access to an ATM to make payment for certain documents, permits, and fees. Access to an ATM will also benefit individuals when doing business with the Town courts as well as the occasional use by visitors to the Town Hall and employees. Due to the frequent requests the Town Board has authorized a Request for Proposals to provide service as indicated.

STATEMENT OF OBJECTIVES

STATEMENT OF WORK (IF APPLICABLE) The awarded vendor shall furnish, install, and maintain free-standing, cash-dispensing ATM(s) in the specified Town locations and “as needed”.

STAFFING & PERSONNEL BIOGRAPHIES Personnel qualifications and experience should be detailed as part of the Technical Proposal. Include resumes for all personnel and subcontractors to be assigned to this project. CERTIFICATION/LICENSE REQUIREMENTS Vendor shall comply with all applicable Federal, State and Local Laws, Ordinances, Rules and Regulations, including without limitation, the American with Disabilities Act. LENGTH OF CONTRACT The term of the Agreement will be for three (3) years. In addition, at the option of the Town, the Agreement may be extended for an additional period of up to two (2) one-year terms. Changes in the Concession Agreement shall be negotiated by and agreed to by both parties. CONTRACT PRICE ADJUSTMENTS UPON RENEWAL The proposed rates shall remain firm through the first contract period with no adjustments allowed. If the Town exercises any of the option years of the contract, Contractors may submit a request for adjustment on the yearly anniversary date of the contract. Any request for price adjustment(s) shall be submitted thirty (30) days in advance in writing to the Supervisor. Any and all price adjustments will be limited to the percentage increase in the CPI Index – All Urban Consumers for the preceding 12 months. The Town reserves the right to reject any request for price increase deemed excessive. PROPOSAL EVALUATION Proposals will be evaluated in accordance with applicable Town procurement policies and procedures. Evaluation will be performed to determine the offeror's understanding of work to be performed, technical approach, potential for completing the work as specified in the Statement of Objectives, cost reasonableness, the probable cost to the Town, and ranking with competing offerors. Award will be made to that responsible offeror(s), whose offer(s), conforming to this RFP, is (are) considered most advantageous to the Town, considering the Evaluation Criteria in this Section. Proposals will be evaluated considering the offeror's technical and managerial experience, qualifications, and the availability of personnel who are proposed to work on the project; project organization and management structure; and prior experience in managing projects similar in type, technology, size, and complexity. Assessment of the offeror's past & present performance will be one means of evaluating the credibility of the offeror's proposal and the relative capability to meet performance requirements. Cost Proposals will be evaluated with respect to adequacy and reasonableness to both the Town and those who would use the ATM. This evaluation will include consideration of the probable cost to the Town of doing business with each offeror; the possible growth in proposed costs during the course of the contract; the features of each offeror's work plan that could cause the estimate cost to vary; and cost-sharing if proposed. If after the evaluation of technical proposals,

two or more competing overall proposals are considered in the competitive range, the evaluated probable cost to the Town may be a deciding factor for selection. That is, the highest technical proposal may not necessarily be selected when cost considerations are taken into account.

DETAILED COSTS Proposal shall state in sufficient detail how the Town will share in transaction fee revenues generated by each ATM transaction for which the Concessionaire receives a fee for both the initial contract term and also for any renewal terms, if renewed. Proposals shall include a fixed monthly rent fee for each ATM location in addition to any revenue sharing. Customers may be charged a fee only for cash withdrawals and not for other services. Proposal shall identify any “fees” that are not charged (allowed) to your own cardholders and/or members. COMPANY PROFILE AND VENDOR INFORMATION The following will be required in a company overview as part of proposer's proposal:

• Brief (one or two paragraphs) description of the vendor’s business, its history, and future plans • Vendor Identification • Corporate name • Corporate address • Telephone numbers • Contact person(s) • Vendor size • Number of years in business • Vendor Stability as indicated below • Vender Responsibility as indicated below

PROPOSAL RESPONSE AND ORGANIZATION The Offeror shall prepare the proposal as set forth below. The titles and contents of the sections shall be as defined in this section.

Executive Summary

Technical Response

Cost/Price Proposal

Contract Documentation

Relevant Past and Present Performance

Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single-spaced.

The text size shall be no less than 12 point. Use at least 1-inch margins on the top and bottom and 3/4 inch side margins. Pages will be numbered sequentially by section. Legible tables, charts, graphs and figures may be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans etc. These displays shall be uncomplicated, legible and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the section, and count as a single page. Proposal Organization All Sections of the proposal may be bound in a single three-ring loose leaf binder, with section tabs, which shall permit the proposal to lie flat when opened. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to RFP title and the offeror's name. The same identifying information should be placed on the spline of each binder. All "Trade Secret" or Classified binders shall be similarly marked with the addition of “Trade Secret Information" contained on the cover sheet. Electronic submission of Proposals is not permitted for this solicitation. The Offeror shall include copies of any licenses and/or certifications that are required to perform any of the work required by this RFP. If no licenses and/or certifications are required, the Offeror is not required to make reference to this subsection. Provide the name, title, telephone number, and e-mail address of the company point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also identify those individuals authorized to negotiate with the Town. Provide company/division’s street address, Federal Identification Number, DUNS Code, and size of business. List all locations where work is to be performed and indicate whether such facility is a division, affiliate or subcontractor, and the percentage of work to be performed at each location. If the Offeror intends on using subcontractors a Subcontracting Plan must be included in this section. The Subcontracting Plan shall include a detailed explanation of the work to be subcontracted and the percentage of that work to the total project for each proposed subcontractor. The Town of Plattsburgh reserves the right to approve or disapprove of any subcontracting plan. The Town cannot guarantee any volume or usage for the ATMs. Offerors must agree to keep the ATM in place for the duration of the contract regardless of usage rates. Proposals Must Include: A. Company history and experience-providing ATM services. B. The name of the company representative responsible for coordinating ATM services; including service requests. Concessionaire shall designate one of its employees as a customer service representative for the Town. This customer service representative shall coordinate the

services provided to the Town and shall be responsible for resolving any problems that may arise concerning such services. C. References from 3 or more organizations that have used your company for ATM services within the last three years. Also, list any other ATM locations in the Clinton County area. D. A written description of the proposed products and services as required in the Scope of Objects. Include pictures and or cut-sheets of the proposed ATM equipment to be installed. E. Provide a list of access cards and programs accepted by your ATMs. F. Identify steps taken to protect employees and citizens intellectual property when using their ATMs. Indicate if any of their ATMs or systems securities have been compromised where it has put user intellectual property at risk. Concessionaire shall have a formalized mechanism for dealing with fraudulent transactions, vandalism, and security. Provide details in proposal response. G. A Cost Proposal as requested detailing the proposed fees to be paid to the Town of Plattsburgh and details concerning the transaction fees to be charged to the customers. H. A time required, in calendar days, from the execution of the ATM agreement until the ATMs are available for transaction to the Public. I. Provide a copy of any agreement your firm would require the Town to execute for the ATM contract. The Terms and Conditions of the Town agreement shall prevail in the event there is a conflict of terms. J. State the mandatory services to be provided and optional services available. K. Describe the frequency of reports provided to the Town and what information will be contained in the reports. L. State requirements not covered elsewhere in the specifications that your firm feels should be the responsibility of the Town. M. State your compliance with the Contract Terms and Conditions as listed. Specifically list any Deviations, exceptions, and related justifications. N. Detail what your firm can offer the Town, in the areas outlined in the Scope of Objectives, that other firms could not.

SCOPE OF OBJECTIVES Provide, at a minimum, the following services at each ATM: cash withdraw, credit card advances, transfers and balance inquiries. Deposit capabilities are neither required nor desired. The ATM will be owned throughout the agreement period by the awarded vendor (Concessionaire).

The following shall be provided, at the Concessionaire's sole expense: a. Free standing ATM machine(s) and any required fixtures; b. Unit may be anchored to the floor; c. All installations shall be done so no wiring shall be visible; d. Indicate if capable of communication in English, Spanish or other languages; e. Units shall be easy for patrons to use and capable of upgrades for future enhancements; f. Units shall have the latest technology to avoid fraud and identify theft; g. Telephone/data lines required for ATM operation; h. Installation, operation, and maintenance of the ATM; i. Adequate insurance coverage as specified j. Removal of the ATM upon agreement termination, including restoring the ATM location to Pre-installation condition.

1. All equipment and security devices must meet requirements of the Bank Protection Act for overnight storage of cash.

2. Guarantee a minimum of 95% ATM availability during each ATM location standard hours of operation.

3. ATM machines must be ADA accessible. A description of ADA accessibility features and compliance must be provided.

4. Concessionaire shall have electronic access to monitor units for service codes.

5. Concessionaire will be responsible for all data communication costs.

6. Concessionaire shall ensure that their employees service personnel report to security before performing any work to or around the ATM. Further, they must have photo identification.

7. Please note that where an ATM machine is located that can only be accessed by going through security, the replenishment and repair technicians will be required to go through such security. This would include all tools used to repair the machine and money (paper and coin) used in replenishing the machine. Time and procedures to allocate for security screening should be factored into your consideration in relying to this RFP.

8. The ATM shall be a current model in good operating condition. Concessionaire shall be responsible for establishing a regular schedule for ATM supply and cleaning. Preventative maintenance shall be carried out per manufacturer's recommendations. Such routine service and supply tasks shall be carried out during each locations regular operating hours, unless arrangements are negotiated with and agreed to by the Town’s representative.

9. Concessionaire shall re-supply the ATM with cash within two hours of receiving a report of a cash-out situation and to restore a non-operating machine to normal operation within four hours.

10. Awarded vendor must agree to and comply with the provisions of the Automatic Teller Machine Concession Agreement, a sample of which is included in this RFP.

11. Concessionaire shall conspicuously display a toll free phone number, at a minimum, that ATM patrons can call to ask questions, directly report problems, or make complaints

regarding the use or malfunctions of the ATM. All such complaints shall be promptly investigated and resolved within five (5) calendar days. A report of all complains and their resolutions shall be provided to the Town;

12. The Concessionaire shall keep the ATM in good working order and in reliable service with a minimum of customer complaints. The Town’s Representative will notify the Concessionaire, in writing, of any complaints it receives and shall require the Concessionaire to provide written resolution of such complaints within five (5) days. If, in the opinion of the Town’s Representative, the installed ATM is unreliable, or in poor working order, or if the Concessionaire has exhibited a pattern of poor service or is unresponsive to customer complaints, the Town’s Representative may request a meeting between the Concessionaire and the Town’s Representative(s) in order to resolve the poor performance issues. Should the meeting not result in improved performance, the Town shall have the right to cancel the Concession Agreement on thirty (30) days written notice.

13. The Concessionaire shall coordinate the delivery and installation of any equipment with the authorized Town facility representatives prior to the delivery of same.

14. Provide evidence of the ATM equipment’s ENERGY STAR® status or other certifications of the equipment’s energy efficiency.

15. Customers may be charged transaction fees only for cash withdrawals, not for any other services.

16. Specify in your proposal the transaction fee to be charged for cash withdrawals.

17. Specify in your proposal when no fee is charged to your customers and/or members.

18. Specify in your proposal the amount to be paid to the Town for each ATM transaction for which the Concessionaire receives a fee.

19. Specify in your proposal the fixed monthly rental fee per ATM to be paid to the Town.

20. Specify any other Value Added considerations to be considered during evaluation.

COST PROPOSAL PAGE

Name of Financial Institution: _______________________________________________________________ Federal ID Number: ________________________________ Address (Headquarters): __________________________________________________________________ _________________________________________________________________________________________ Address county locations will be serviced from ________________________________________________ __________________________________________________________________________________________ Contact Person(s): _________________________________________________________________________ Telephone No.: _______________________ Telefax No.______________________________ Email address: ____________________________________________________________________________ The undersigned agrees, if this proposal is accepted to provide all services required by this RFP and described in its proposal and pay to the Town of Plattsburgh the following fees: Fixed Monthly Rental Fee per ATM: $__________________/Month/ATM In addition it will share the following transaction revenue fees: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Signature: _____________________________________ Print: ________________________________________ Title: _________________________________________ Date: _________________________________________ Any alternate pricing may be submitted in the same format, under the same terms and conditions

GENERAL

Subsequent to the submission of proposals, interviews and negotiations may be conducted with some of the proposers, but there shall be no obligation to receive further information, from any proposer. Any or all proposals shall not necessarily be accepted. The Town shall not be obligated in any manner to any proposer whatsoever until a written agreement has been duly executed relating to an approved proposal. The Town reserves the right to modify the terms of the RFP at any time in its sole discretion. Neither acceptance of a proposal nor execution of an agreement shall constitute approval of any activity or development contemplated in any proposal that requires any approval, permit, or license pursuant to any federal or municipal statute, regulation, or by-law.

AWARD OF CONTRACT When award Occurs: Award of contract occurs when a formal contract has been finalized or other evidence of acceptance by the Town is provided to the Offeror. A Recommendation of Award does not constitute award of contract. Final decision will be made by Town Board Resolution. Award: If a contract is awarded, it shall be awarded to the responsive and responsible Offeror whose offer conforming to the Request for Proposal will be most advantageous to the Town as set forth in the Evaluation Criteria.

INSURANCE THE RFP NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the Town, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the Town including, but not limited to, Worker’s Compensation coverage, unemployment insurance benefits, Social Security Coverage or retirement membership or credit. INSURANCE REQUIREMENTS: GENERAL LIABILITY: The CONTRACTOR shall, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of this agreement which shall include, but not be limited to: A. Comprehensive general liability insurance in a minimal amount of one million dollars, combined single limit (CAL).or B. Comprehensive general liability insurance in a minimal amount of one million dollars, combined single limit (CAL); with two million dollars excess of one million dollars. WORKERS COMPENSATION: The CONTRACTOR shall procure, pay for, and maintain during the entire term of the contract such insurance as will protect both the owner and the contractor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the Contractor. Copy of Certificates to be provided to the Town of Plattsburgh.

COMPREHENSIVE AUTOMOBILE INSURANCE: The CONTRACTOR procure, pay for, and maintain during the entire term of the contract in an amount no less than $300,000/$500,000 for each occurrence for bodily injury, and $100,000 for each occurrence of property damage. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: The Contractor shall procure, pay for, and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificates to be provided to the Town of Plattsburgh. MALPRACTICE INSURANCE: (I.E. professional liability) in the amount of no less than one million and 00/100th ($1,000,000.00) dollars. If this box IS CHECKED, malpractice insurance IS REQUIRED. CONTRACTOR TO HAVE ALL OTHER INSURANCE REQUIRED BY LAW. When the CONTRACTOR signs and returns this agreement, contractor shall provide the Town (Accounting Department) with a policy endorsement showing the above-required insurance. The Town of Plattsburgh shall be named as additional insured on all insurance policies and policy endorsements, and the policies and policy endorsements shall provide that the insurance shall not be canceled or terminated without thirty-(30) day’s prior written notice to the Town of Plattsburgh. Unless and until CONTRACTOR obtains such insurance and provides a policy endorsement. Indemnification and Insurance The Town shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed by Concessionaire, its agents, employees or Concessionaires. Concessionaire covenants that it will indemnify and hold the Town harmless from all claims, demands, judgments, costs and expenses, including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including Town’s personnel and Town’s property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Concessionaire. As used herein the term "Concessionaire" and "Town" includes the respective directors, officers, agents, employees, Concessionaires of Concessionaire, and Town. Concessionaire represents that it is the owner of or is fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used by it in its operation or in any way connected with this Agreement. Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain general liability insurance coverage naming the County as an additional insured with limits of not less than one million dollars, combined single limit (CSL); with two million dollars excess of one million dollars.

TOWN OF PLATTSBURGH

NON-COLLUSION CERTIFICATION

TO BE SUBMITTED WITH BID PROPOSAL

The Bidder certifies that:

1. (A). By submission of this bid, each bidder can each person signing on behalf of any bidder certifies and in the case of joint bid each party thereto as its own organization, under penalty or perjury, that to the best of his knowledge and belief:

(1) The prices in this bid have been arrived at. Independently without collusion, consultation, communication or agreement, for the purpose pf restricting competition, as to any matter relating to such prices with any other bidder. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the opening, directly 'or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

(B) A bid shall not be considered for award nor shall any award be made where (a). (1) (2) and (3) above have not been complied with; provided, however, that if any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a) (1) · (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state, public department or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured (b) ahs informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (C) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to the Municipality, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing' and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

Sincerely yours, Firm ________________________

(Corporate Seal, if any) By___________________________ Print NAME ________________________

SIGNATURE Title.__________________

Date: __________

Address, _______________