HomeMy WebLinkAbout05764 - UNIVERSAL MONEY CENTERS INC AIRPORT ATM SERVICES Kathie Hart
From: Mark Jucht
Sent: Thursday,October 23, 2014 8:40 PM
To: Kathie Hart
Subject: Re:A5764-Universal Money Centers, Inc.
�0
Yes it is
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Sent from my iPhone
On Oct 23, 2014,at 6:16 PM, "Kathie Hart" <Kathie.Hart@palmsprines-ca.eov>wrote:
This is for Automated Teller Machine (ATM) License Agreement and expired in 2013.
OK to close this agreement?
Kathie Hart, MMC
Chief Deputy City Clerk
City of Palm Springs Mt (760)323-8206
3200 E Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 I�Kathie.Hart@PalmSprinosCA.qoov
Please note that City Nall is open H a.m. to 6 pm,. Monday through Thnnsday,and closed on Fridays at this time.
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+ Palm Springs larernarional Airport
x 3400 E.TahquitaCanyon Way,Suite OFC • Palm Springs,California 92262-6966
cQ41FORN�P` Tel:(760)318-3800 • Fax'(760)318-3815 • Web:www.palmspringsairport.com
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Cindi Talbert Dec
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ember4, 2012
Regional Account Executive
Universal Money Centers, Inc.
6800 Squibb Road
jMission, Kansas 66202
RE: PSP Exercise Option 2—Agreement A5764
Dear Ms.Talbert:
Per Section 3.0 of the non-exclusive License Agreement for operating ATM's at the
Palm Springs International Airport with Universal Money Centers, Inc. (Agreement
5764),the City of Palm Springs has exercised Option Period 2: January 3, 2013 through
January 2, 2014.
If you have any questions concerning notification,please contact Thomas Nolan A.A.E.,
Executive Director of the Airport at(760)318-3901 or via email at
Thomas.Nolan@oalmsprincisca.gov
We appreciate the service provided by your firm and look forward to a continued
partnership.
i
Sincerely,
i
David H. Ready, Ci ager
Cc: Universal Money Centers, Inc. -Airport
Post Office Box 2743 • Palm Springs, California 92263-2743
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City of Palm Springs
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Department of Aviation
Palm Springs International,Airport
�`aap fl.tea°°'• ' 3400 E.Tahquitz Canyon Way,Suite OFC • Palm Springs,California 92262-6966
Cqt Nip Tel:(760)318-3800 • Fax:(760)318-3815 • Web:w ..palmspringsairport.com
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Cindi Talbert May 3, 2012
Regional Account Executive
Universal Money Centers, Inc.
6800 Squibb Road
Mission, Kansas 66202
RE: PSP Exercise Option 1 -Agreement A5764
Dear Ms. Talbert:
Per Section 3.0 of the non-exclusive license Agreement for operating ATM's at the
Palm Springs International Airport with Universal Money Centers, Inc. (Agreement
5764),the City of Palm Springs has exercised Option Period 1: January 3, 2012 through
January 2, 2013.
If you have any questions concerning notification,please contact Thomas Nolan A.A.E.,
Executive Director of the Airport at(760)318-3901 or via email at
Thomas.Nolan0a nalmspringsca.00v
We appreciate the service provided by your firm and look forward to a continued
partnership.
Sincerely,
�d
David H. Ready, Es ., PhD.
City Manager
Cc: Universal Money Centers, Inc. -Airport
Post Office Box 2743 • Palm Springs, California 92263-2743
j
DOCUMENT TRACKING
Page: 1
Report: One Document Detail February 26, 2009
Condition: Document Numbera5764,
Document# Description Approval Date Expiration Date Closed Date
A5764 Automated Teller Machine(ATM) License Agreement(w/2 one-yr options) 12/17/2008 01/02/2013
Company Name: Universal Money Centers, Inc.
Address: 6800 Squibb Road, Mission, KS 66202
Contact: Erin M winkler, CFO �rni k �1r
Group: AIRPORT
Service: In File
xRef: JANET BUCK(760)413-3808
Ins.Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Trackina Amount Anlpuri
Code Item Description Date Date Date Added Paid
JT Approved by City Council Item 2.G. 12/18/2003 12/17/2008
kdh agr recv'd - returned to Leigh Ann many 12/30/2008
discrepancies
kdh to CM for Sig 01/12/2009
kdh distrib to Leigh Ann IN FILE 01/13/2009
END OF REPORT
Ir
rvD�b
LICENSE AGREEMENT FOR
AUTOMATED TELLER MACHINE
(Palm Springs International Airport)
THIS LICENSE AGREEMENT ("License') is made and entered into, to be effective the 4th
day of January, 2009, by and between the CITY OF PALM SPRINGS, a charter city and California
municipal corporation("City"),and Universal Money Centers, Inc, a Kansas corporation("Licensee").
City and Licensee may hereinafter be referred to individually as a "Party" and collectively as
"Parties."
RECITALS
A. City is the fee owner of that real property known as the Palm Springs International
Airport, located at 3400 East Tahquitz Canyon Way in the City of Palm Springs, California
("Property").
B. The Property consists of an international airport terminal and adjacent buildings.
C. City believes that travelers and visitors using the City's airport terminal and related
facilities would benefit from the convenience and accessibility of automated teller machines(ATM's")
located within the Property.
D. Licensee is an insured ATM Company desiring to operate three(3)ATM's within the
Property.
E. Pursuant to a request for proposals, City has selected Licensee to install, maintain,
and operate ATM's, as described in the Scope of License (Exhibit 'A" to this License), within the
airport terminal of the Property.
NOW,THEREFORE, in consideration of the mutual covenants, promises and conditions set
forth herein, the Parties hereto incorporate the recitals set forth above and further agree as follows:
1.0 SERVICES OF LICENSEE
1.1 Grant of Access. City hereby grants to Licensee, its employees and agents, a
non-exclusive license and permission to enter upon and use a portion of the Property ("License
Area")for the limited purposes of operating ATM's.A site plan for the Property depicting the License
Areas, as well as the approximate location for the ATM's, is attached to this License as Exhibit"B".
The License granted herein shall be valid for the term set forth below only. Licensee expressly
acknowledges that this License is nonexclusive and nothing in this License shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section 308a of the
Federal Aviation Act of 1958 (49 U.S.C. 1349a). Licensee further acknowledges that the City
operates a commercial and public airport on the Property, such that City's employees, agents,
tenants, and the general public, including the traveling public and users of commercial airline
services may also access the License Areas. For the purpose of this License,the term"Licensee"
includes the heirs, representatives, successors in interest, and assigns of Licensee.
12 General Scope of Use. Pursuant to this License and for the term provided in
this License, Licensee may use the License Areas to install, maintain, and operate a general ATM
kiosk, as provided in the Scope of License. The final design of the ATM kiosk, the precise location
of the ATM kiosk, and manner in which the ATM kiosk will be installed and maintained are subject to
the review and approval by the City's Director of Aviation prior to installation of the ATM kiosk.
Licensee may not use the ATM's to advertise for other businesses or events-, however, Licensee
Page 1
Licensee may not use the ATM's to advertise for other businesses or events; however, Licensee
may have one sign on the ATM's identifying Licensee as the operator of the ATM's. The ATM's
shall not incorporate features to attract members of the public for purposes other than the use of the
ATM's.
1.3 Preoaration of the License Areas.
1.3.1 Familiarity with Requirements. Licensee warrants that Licensee, (a) has
thoroughly investigated and considered the scope or License and all work and requirements
specified in the Scope of License and otherwise expected or the Licensee; (b) has carefully
considered how the Scope of License and the work and requirements should be performed and
provided; and (c) fully understands the facilities, difficulties, and restrictions (including but not
limited to all requirements of the federal government) attending performance of the Scope of
License and the work and requirements under this License. Licensee has fully investigated the
License Areas and is fully acquainted with the conditions existing in the License Areas. Should the
Licensee discover any latent or unknown conditions which will materially affect the performance of
the Scope of License, Licensee shall immediately inform the City's Director of Aviation of such fact
and shall not proceed except at Licensee's risk until written instructions are received from the City's
Director of Aviation.
1.3.2 Installation. All costs of installation shall be borne by the Licensee and
Licensee shall reimburse the City for any costs the City incurs in preparing the License Areas for
use by the Licensee, including any arrangement orwork performed to provide electrical power and
telephone service to the License Areas accessible to the ATM kiosk location. The ATM kiosk shall
not be installed or placed into operation until the City has been fully reimbursed its costs as
provided in this Subsection.
1.4 Requlations. Licensee shall ensure that the use of the License Areas by Licensee
and its agents, officers, and employees (collectively"Licensee's Parties")during the Term comply
with all federal, state, and local laws and ordinances.
1.5 Licenses, Permits, Fees, and Assessments. Licensee shall obtain, at its sole cost
and expense, such licenses, permits, and approvals as may be required by lawforthe performance
of the services required by this License. Licensee shall have the sole obligation to payfor any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and
arise From orare necessaryforthe Licensee's performance of the services required by this License,
and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes,
penalties, or interest levied, assessed, or imposed against City hereunder.
1.5.1 Sales and Use Tax. Licensee shall be solely responsible for the payment of all
sales and use taxes relating to any taxable transactions in connection with the operation of the
ATM's.
1.5.2 Real Property Taxes. The parties expressly acknowledge that, as a result of this
License, the License Areas may become subject to real property taxes and that, in addition to the
License Fee, Licensee shall pay any and all annual real estate taxes and assessments levied upon
the License Areas (including any possessory interest taxes), as well as taxes of every kind and
nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property
taxes. Such amount shall be paid on the date that is twenty (20) days prior to the delinquent date
or, if City receives the tax bill, ten (10) days after Licensee's receipt of a copy of the tax bill from
City, whichever is later.
Page 2
and this License, the terms of this License shall govern. In the event of any inconsistency with the
terms of Exhibit"C" and Exhibit "A", the terms of Exhibit "A" shall govern.
1.7 Securi .
1.7.1 General. The parties acknowledge that the security of the public,the License Areas,
and the ATM's is a priority. For this reason, Licensee shall implement safeguards to minimize
security breaches. The ATM's shall be appropriately affixed to the floor of the License Areas in the
manner provided in the Scope of License. An internal camera in the ATM's shall capture the
physical image of all ATM users, which may be used in the event of a dispute, theft, or fraud_
1.7.2 Armored Courier. At all times during the term of this License, Licensee shall maintain
an agreement with an armored and bonded courier to provide service to the ATM's for cash fills,
balancing, supply replenishment, and similar matters. Licensee shall schedule cash fills either
weekly or bi-weekly, depending upon the need for cash. Licensee shall'be responsible for securing
such security clearances as the federal government may require for such courier to have access to
the License Areas.
1.7.3. Additional Security. Licensee shall be solely responsible for the cost of any
additional security deemed necessary in connection with the ATM's.
1.8 Maintenance. Licensee shall maintain the ATM's and all utilities providing services to
the ATM's in a first class condition, as needed or as may be directed by the City's Director of
Aviation, at Licensee's sole cost and expense.When utility maintenance is required, Licensee shall
so notify the City's Director of Aviation and City shall, in conjunction with any applicable utility
company, make the necessary repairs.Any costs incurred by City in connection with such repair of
utilities for the ATM's shall be reimbursed by Licensee. As further discussed in Subsection 5.2,
Licensee shall have the sole obligation to maintain the License Areas and adjacent property free
from waste, such as ATM's receipts, which may be generated in connection with the use of the
ATM's.
1.9 Free From Liens. Licensee shall keep the Property and the License Areas free
from any liens arising out of any work performed, material furnished, or obligation incurred by
Licensee or alleged to have been incurred by Licensee.
2.0 COMPENSATION
2.1 License Fee. In exchange for the non-exclusive use of the License Areas pursuant
to this License, Licensee shall pay the City,within the times and manner set forth herein the amount
of$1.25 per transaction for Year 1; $1.30 per transaction for Year 2; $1.35 per transaction for Year
3-5 for each transaction occurring at the ATM's installed on the Licensed Areas. This license fee
shall be paid from a portion of, not in addition to, any transaction convenience fee received by
Licensee. However, should Licensee elect to not charge a transaction fee to cardholders of
Licensee's bank or any other customer(s) of the ATM's, Licensee will nonetheless pay City the
license fee for each transaction conducted at the ATM's. Transaction herein is defined as any
withdrawal or any other surchargable transaction. Transaction fee will not apply to New Concourse
ATM location if total surchargeable transactions are less than 299 for Year 1 for that location.
Transaction fee will not apply to New Concourse ATM if total surchargeable transactions are less
than 199 for Years 2-5 for that location.
2.2 Method of payment. Licensee shall be solely responsible for collecting all
compensation from ATM's customers or their respective financial institutions. By no later than the
twentieth(20t')day of each month of the Term, including the twenty-fifth (25'1)of the month following
Page 3
termination of this License, Licensee shall pay to City all fees due City under Subsection 2.1 for the
immediately preceding month, which payment shall be accompanied by an Itemized statement
showing the number of customer transactions completed from the ATM's.
2.3 Payment Reports. By no later than April 30th of each year of the Term of this
License,and including April 30th on the year following the termination of this License, Licensee shall
provide audited financial statements, certified by an authorized officer of Licensee, confirming the
number of transactions performed and fees generated from the ATM's under this License for the
previous agreement year. Should the audited statements show any underpayment by Licensee to
City, Licensee shall pay such difference to City within ten (10)days of City's demand therefore plus
three percent(3%) of such underpayment. Should the audited statements show any overpayment by
Licensee to City, City shall reimburse Licensee for the actual amount of such overpayment as a
credit to the following month's revenues due to City, provided such overpayment is confirmed by the
City's Department of Finance. If an overpayment is discovered after termination of this License,City
shall reimburse Licensee the amount of the overpayment within ten (10) business days of City's
receipt of the audited statements.
2.4 Maximum Transaction Fee. Licensee may charge a transaction fee not to exceed
$2.25 for Year 1 and not to exceed$2.50 for Years 2-5 to process a cash withdrawal of funds at the
ATM's. Such convenience fee shall be payable from each cardholder's bank account. The
transaction fee shall not assess against or charged the City.
3.0 TERM
Unless earlier terminated in accordance with Subsections 8.5 or 8.6 of this License, this
License shall entitle Licensee to non-exclusive use of the License Areas for the limited purposes
described herein from January 3, 2009 through January 2, 2012 ("Term"). At the sole discretion of
the City, this agreement may be extended for two additional one (1) year option periods. At the
conclusion of this Term, unless this License has been extended by the parties by pursuant to a
written agreement Licensee must remove the ATM's and surrender the License Areas pursuant to
Subsection 5.1.
4.0 COORDINATION OF WORK
4.1 Representative of Licensee. The following principal of Licensee is hereby
designated as being the principal and representative of Licensee authorized to act on its behalf with
respect to the work specified herein and make all decisions in connection therewith: City Manager.
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principal was a substantial inducement for City to enter into this License. Therefore, the foregoing
principal shall be responsible, during the term of this License, for directing all activities of Licensee
with respect to the ATM's. For purposes of this License,the foregoing principal may not be replaced
nor may his responsibilities be substantially reduced by Licensee without the express written
approval of City.
4.2 City's Director of Aviation. The City's Director of Aviation, or the Director's
designee, shall be responsible for the management of this License on behalf of the City. It shall be
the Licensee's responsibility to ensure that the City's Director of Aviation is kept informed of all
matters relating to the ATM's and the Licensee shall refer any decisions which must be made by City
to the City's Director of Aviation. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City's Director of Aviation. The City's Director of Aviation
shall have authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this License.
Page 4
4.3 License is Assignable. This License shall become effective immediately and is
personal to the Licensee and may only be assigned with the express written consent or the City.
Any attempt to otherwise assign this license without the City's express written consent shall be void
and unenforceable and shall operate to immediately terminate this License Agreement.
4.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode, or means by which Licensee, its agents or employees, perform
the services required herein, except as otherwise set forth in this License. City shall have no voice
in the selection, discharge, supervision, or control of Licensee's employees, servants,
representatives or agents, or in fixing their number, compensation, or hours of service- Licensee
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractor with only such obligations as are consistent with
that role. Licensee shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose become or
be deemed to be a partner of Licensee in its business or otherwise or a joint venturer or a member
of any joint enterprise with Licensee-
5.0 PROPERTY RELATED ISSUES
5.1 Waste, Damage, or Destruction: Surrender of Property- The Licensee shall not
allow any waste, damage, or destruction to occur in or to the Property or the License Areas-When
this License terminates, upon such termination, Licensee, as its sole cost and expense, shall repair
any waste, damage, or destruction and shall restore the License Areas to that condition existing
prior to Licensee's use of the License Areas Should Licensee fail to vacate the License Areas in a
clean and undamaged condition, City may arrange for the cleaning and/or repair of the License
Areas, the cost of which will be immediately reimbursed by Licensee, and Licensee will be
additionally penalized ONE THOUSAND DOLLARS ($1,000) per day, or portion thereof, that the
License Areas is unavailable for its normal use or for the commencement of replacement services.
5.2 Waste Receptacle and Waste Removal. Licensee shall be required to have one
permanent waste receptacle on the License Areas at all times. This requirement may be satisfied
with a waste receptacle that is incorporated into the ATM's itselr, orthe waste receptacle may be a
separate free standing object. Licensee shall have the sole obligation to maintain the License
Areas,and adjacent property, free from all waste, including but not limited to ATM's receipts,which
is generated in connection with the use of the ATM's. This obligation shall require Licensee to
ensure that the waste receptacle is emptied on a regular basis at sufficient intervals to allow the
waste receptacle to retain capacity for the disposal or additional waste.
5.3 Customer Service Help Line, Should Licensee desire to install a customer service
help line at the ATM's, Licensee shall have the sole financial responsibility to operate, install, and
maintain a telephone line to establish the help line If City's assistance is necessary for the
installation or maintenance of such line, City's costs shall be reimbursed by Licensee.
5.5 Modification of License Area. Any future modification orthe License Areas which is
required by law shall be undertaken at Licensee's sole expense, subsequent to receipt of written
approval by the City.
6.0 INSURANCE AND INDEMNIFICATION
6.1 Insurance. Prior to its ability to access the License Areas, Licensee will provide
City with proof of insurance, at Licensee's sole cost and expense, to remain in full force and effect
during the entire term of this License. The following policies of insurance shall be maintained:
Page 5
6.1.1 Workers' Compensation Insurance. Workers' Compensation Insurance in an
amount required by the laws of California and Employer's Liability Insurance in an amount not less
that ONE MILLION DOLLARS($1,000,000)combined single limit for all damages arising from each
accident or occupational disease.
6.1.2 Commercial General Liability,Commercial General Liability Insurance written on a
per-occurrence and not a claims-made or modified occurrence basis with a combined single limit of
at least ONE MILLION DOLLARS ($1,000,000) bodily injury and property damage including
coverages for contractual liability, personal injury, independent contractors, broad form property
damage, products and completed operations.The policy must include Standard ISO CG0001 0196
Contractual Liability coverage, or its equivalent, and a Separation of Insured's clause There shall
be no exclusions for continuing or progressive losses not known by Licensee to exist prior to the
policy inception.The policy may not contain any SIR/deductibie exceeding $25,000 and the policy
must permit satisfaction of the SIR/deductible by City or its related entities. Licensee agrees to
maintain this coverage for a minimum of ten (10) years following termination of this License.
6.1.3 Automobile Liability Insurance. A policy of comprehensive automobile liability
insurance written on a per-occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000)combined single limit covering all owned, non-owned, leased,and hired vehicles used
in connection with operations occurring on the Property.
6.1.4 Other Insurance. Such other policies of insurance including, but not limited to,
casualty insurance, business interruption insurance, property insurance, and fidelity insurance, as
may be required by the nature of operations.
6.1.5 General Provisions. All of the foregoing policies of insurance shall name City and
its affiliated entities, and their respective officers, directors, agents, and employees (collectively,
"City's Parties.") as an Additional Insured and shall be primary insurance and any insurance
maintained by City shall be excess and non-contributing. Each insurer of Licensee shall waive all
rights of contribution and subrogation against City's Parties and its respective insurers. Each or
such policies of insurance shall name City's Parties. All policies of insurance required to be
obtained by Licensee hereunder shall be issued by insurance companies authorized to do business
in California and must be rated no less than A-, VII or better in Best's Insurance Guide. Prior to
engaging in any operations hereunder, Licensee shall deliver to City certificate(s)of insurance with
the required endorsements evidencing the coverages specified above. Such policies shall not be
cancelled or materially altered to the detriment of City or Licensee without the insurer providing City
with thirty(30)days'advance written notice. City reserves the right, in its sole discretion,to require
higher limits of liability coverage if, in City's opinion, operations by or on behalf of Licensee create
higherthan normal hazards and risks, and,to require Licensee to name additional parties in interest
to be Additional Insured's. Nothing in this Section shall reduce Licensee's obligations as set forth in
the Indemnity provisions of this License.
6.1.6 Waiver of Subrogation. Licensee hereby waives all rights of recovery by
subrogation. This waiver includes but is not limited to deductible or self-insured retention clauses,
inadequacy of limits of any insurance policy, limitations or exclusions of coverage, against City,and
its elected officials, officers, directors, agents, and employees, in connection with any matters that
are the subject of the License.
6.2 Indemnification by Licensee. Licensee shall indemnify, defend (with counsel
designated by City), protect and hold harmless City, City's Parties and the Releasing Parties from
and against any and all claims, demands, judgments, actions, damages, losses, penalties,
liabilities, costs and expenses(including, without limitation, attorney's fees and court costs)arising
Page 6
at any time directly or indirectly from or in connection with (i)any default in the performance of any
obligation by Licensee to be performed under the terms of this License, (ii) Licensee's use of the
License Areas, or (iii) the conduct of Licensee's business or any activity, work or things done,
permitted or suffered by Licensee in or about the Property, except to the extent caused by City's
negligence or willful misconduct. The obligations of Licensee under this Article 6 shall survive the
expiration or earlier termination of this License.
Licensee, as a material part of the consideration to City, hereby assumes all risk of damage
to the License Areas, including, without limitation, injury to persons in, upon or about the License
Areas during Licensee's use of the License Areas, arising from any use of the ATM's or other
activities of Licensee or Licensee's Parties on the License Areas. Licensee hereby waives all claims
with respect thereof against City. City shall not be liable for any injury to the License Areas,ATM's,
or injury to or death of any of Licensee's Parties, or injury to the ATM's, or injury to or death of any
other person in or about the License Areas from any cause except to the extent caused by the
negligence or willful misconduct of the City or the City's Parties.
6.3 Assumption of All Risks and Liabilities. Licensee assumes all risks and liabilities
arising out of any and all use or the License Areas by Licensee or Licensee's Parties.
7.0 REPORTS AND RECORDS
71 Reports. Licensee shall periodically prepare and submitto the City's Dircctorof
Aviation such reports concerning the use of the ATM's as the City's Director of Aviation shall
require.
7.2 Records. Licensee shall keep, and require subcontractors to keep, such books
and records as shall be necessary to perform the services required by this License and enable the
City's Director of Aviation to evaluate the performance of such services. The City's Director of
Aviation shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event
any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Licensee, its employees, subcontractors and agents in
the performance of this License shall be the property or City and shall be delivered to City upon
request of the City's Director of Aviation or upon the termination of this License, and Licensee shall
have no claim for further employment or additional compensation as a result of the exercise by City
of its full rights of ownership of the documents and materials hereunder.Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Licensee will be at the City's sole risk and without liability to Licensee, and the
City shall indemnify the Licensee for all damages resulting therefrom. Licensee may retain copies of
such documents for its own use. Licensee shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of any documents or
materials prepared by them, and in the event Licensee fails to secure such assignment, Licensee
shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Licensee in the performance of services under this
License shall not be released publicly without the prior written approval of the City's Director of
Aviation.
Page 7
8.0 ENFORCEMENT OF LICENSE
8.1 Governing Law. This License shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California.
8.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State, or local governmental agency having jurisdiction in effect at the time service is
rendered.
8.3 Waiver. The waiver of any breach of any provision hereunder by City or Licensee
shall not be deemed to be a waiver of any preceding orsubsequent breach hereunder. No failure or
delay of any Party in the exercise of any right given hereunder shall constitute a waiverthereof nor
shall any partial exercise of any right preclude further exercise thereof.
8.4 Severability. If any paragraph, section, sentence,clause or phrase contained in this
License shall become illegal, null or void, against public policy, or otherwise unenforceable,for any
reason, or held by any court of competent jurisdiction to be illegal, null or void,against public policy,
or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases
contained in the License shall not be affected thereby.
8.5 Termination Prior to Expiration of Term This Section shall govern any
termination of this License.The City reserves the right to terminate this License at any time,with or
without cause, upon thirty(30)days'written notice to Licensee,except that where termination is due
to the fault or the Licensee,the period of notice may be such shorter time as may be determined by
the City's Director of Aviation. The parties further agree that if Licensee: (i) files a petition in
bankruptcy, (ii) is adjudicated bankrupt, (m) if a petition in bankruptcy is filed against Licensee and
not discharged within thirty (30) days, (iv) if Licensee becomes insolvent or makes an assignment
for the benefit of its creditors or an arrangement pursuant to any bankruptcy law, or(v)if a receiver
is approached for Licensee or its business during the Term of this License, City may terminate this
License upon twenty-four(24) hours'written notice to Licensee In addition, Licensee reserves the
right to terminate this License at any time,with or without cause, upon thirty(30)days'written notice
to City. Upon receipt of any notice of termination during the Term, Licensee shall immediately cease
the operation of the ATM's, and shall clean, repair and vacate the License Areas,
8.6 Termination for Default If termination is due to the failure of Licensee to fulfill
its obligations under this License, including but not limited to the provisions of Section 10 of this
License, City may give Licensee thirty (30) days'written notice of the termination and the reasons
therefore to Licensee. Licensee may be found to be in default for Licensee's Failure to comply with
any term or condition of this License,to acquire and maintain all required insurance policies, bonds,
licenses, and permits, or failure to make satisfactory progress in performing under this License.
Upon termination under this provision, all goods, materials, documents, data and reports prepared
by Licensee underthis License shall become the property and be delivered to the City on demand.
The City may, upon termination of this License, procure, on terms and in the manner that it deems
appropriate, materials or services to replace those under this License.
8.7 Attorney's Fees. If either party to this License is required to initiate or defend or
made a party to any action or proceeding in any way connected with this License, the prevailing
party in such action or proceeding in addition to any other relief which may be granted, shall be
entitled to reasonable attorney's fees and costs.
9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
Page 8
9.1 Non-IiabilitV of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Licensee, or any successor in interest, in the event of any default or
breach bythe City orfor any amount which may become due to the Licensee orto its successor,or
for breach of any obligation of the terms of this License.
9.2 Conflict of Interest. No officer or employee or the City shall have any rinancial
interest, direct or indirect, in this License nor shall any such officer or employee participate in any
decision relating to the License which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of
any State statute or regulation. Licensee warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this License.
9.3 Standard Covenant Against Discrimination. Licensee covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
License. Licensee shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.4 Americans With Disabilities Act. In its operation and maintenance of the ATM's,
Licensee shall comply with the Americans with Disabilities Act and all federal regulations applicable
under the Act.
10.0 FAA REQUIRED PROVISIONS
10.1 Airport Concession Disadvantaged Business Enterprise (ACDBE) This license
agreement is subject to the requirements of the U.S. Department of Transportation's regulations,49
CFR Part 23. The concessionaire or contractor agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in connection with the
award or performance of any concession agreement, management contract, or subcontract,
purchase or lease agreement, or other agreement covered by 49 CFR Part 23.
The concessionaire or contractor agrees to include the above statements in any subsequent
concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those
businesses to similarly include the statements in further agreements.
10.2 In the event of a breach of the covenants specified in Subsection 10.1 and 10.2 of
this License, City shall have the right to terminate the License and to reenter and repossess the
License Areas and the facilities thereon and hold the same as if said License had never been made
or issued. This provision does not become effective until the procedures of Title 49, Code of
Federal Regulations, and Part 23 are followed and completed, including the expiration of any
appeal rights.
10.3 License shall furnish its services on a fair, equal, and not unjustly discriminatory
basis to all users thereof and it shall charge fair, reasonable, and not unjustly discriminatory prices
for its services; provided that Licensee may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similartype of price reductions to volume purchases or other rational,
reasonable basis. Non-compliance with this provision shall constitute a material breach of this
License and in the event of such non-compliance, City shall have the right to terminate this License
and any interest in property created without liability or atthe election of the City orthe United States
Page 9
either or both Governments shall have the right to judicially enforce this provision.
10.4 Licensee agrees that it shall insert the above three provisions in any agreement or
contract by which Licensee grants a right or privilege to any person, partnership, or corporation to
render services to the public on the Lease Areas pursuant to this License. Nothing in this provision
shall be construed as waiving any obligations or requirements of the Licensee pursuant to
Subsection 4.3 of this License or abrogate the rights of the City pursuant to such subsection.
10.5 The License shall be subordinate to the provisions and requirements of any existing
or future agreement between the City and the Untied States relative to the development, operation,
or maintenance of the Property.
10.6 This License, and all provisions hereof, shall be subject to whatever right the United
States Government now has or in the future may have or acquire, affecting the control, operation,
regulation, and taking over of the Property or the exclusive or non-exclusive use Of the Property by
the United States during a time of war or national emergency.
11.0 MISCELLANEOUS PROVISIONS
11.1 Headings. The headings of this License are for purposes of reference only and
shall not limit or define the meaning or the provisions of this License.
11.2 Counterparts. This License may be signed in any number of counterparts, each of
which will be deemed to be an original, but all of which together will constitute one instrument.
11.3 Labor Disputes. Licensee shall give prompt notice to City of any actual or
potential labor dispute which delays or may delay performance of this License.
11.4 California Law. This License shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this License
shall be instituted in the Superior Court of the county Or Riverside, State of California, or any other
appropriate court in such county, and Licensee covenants and agrees to submit to the personal
jurisdiction of such court in the event OF such action.
11.5 Disputes. In the event of any dispute arising underthis License,the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefore.The injured
party shall continue performing its obligations hereunder so long as the injuring party commences to
cure such default within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period as may be
permitted by the injured party; provided that if the default is an immediate danger to the health,
safety and general welfare, such immediate action may be necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this License for cause and
to any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Licensee's right to terminate this License without cause pursuant to Subsection 8.5.
11.6 Rikghts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this License,the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same Or different times, or any other rights or remedies for the
same default or any other default by the other party.
Page io
11.7 Legal Action. In addition to any other rights or remedies,either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this License, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this License.
11.8 Reservation of City Rights. City reserves the right, but shall not be obligated to
Licensee, to maintain and keep in good repair the Property or the Lease Areas. The City further
reserves the right to direct and control all activities of Licensee consistent with the provisions of this
License.
11.9 Interpretation. The terms of this License shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of
the authorship of this License or any other rule of construction which might otherwise apply.
11.10 Integration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this License and this License supersedes and cancels any and
all previous negotiations, arrangements, agreements and understandings, if any, between the
parties, and none shall be used to interpret this License.This License may be amended at any time
by the mutual consent of the parties by an instrument in writing.
11.11 Corporate Authority. The persons executing this License on behalf of the parties
hereto warrant that (1) such party is duly organized and existing, (u) they are duly authorized to
execute and deliver this License on behalf of said party, (ui) by so executing this License, such
party is formally bound to the provisions of this License, and (iv)the entering into this License does
not violate any provision of any other License to which said party is bound.
11.12 Notice.Any notice required or permitted to be given hereunder shall be in writing and
signed by the Party, officer or agent of the Party to whom it is to be sent, and shall be either: (1)
personally delivered to the Party to whom it is to be sent, or(2)sent via overnight courier services,
or (3) sent via certified or registered mail, return receipt requested, postage prepaid to the
respective addresses, or such other addresses as the Parties may specify in writing:
To City: City of Palm Springs
Department of Aviation
Palm Springs International Airport
3400 East Tahquitz Canyon Way, Suite OFC
Palm Springs, California 92262-6966
To Licensee: Universal Money Centers, Inc.
6800 Squibb Road
Mission, KS 66202
Page Yi
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written
above
AT*E$T' CITY OF PALM SPRING
- _ muaiclppl Corporation �
- ?APPROVED
By_ ��,I"
ity Clerk en Zp City Manager
' AS TO,FORM3. ff.
APPROVED BY CITY COUNCIL
City Ahorney
CQNTRACTOR: Check one ,Individual Partnership`Corporation
Corporations require two notarized signatures: One from each of the following: A. Chainnart of Board,President,of
any vice President:AND-S, Secrete Assistant Secretary,Treasurer,Assistant Treasurer or Chief Financial
Office
By: ,� - By:
Siy zed) re (notauzed)
Name d/1/i 5' �d�7. - Name L�(N /L�.
Titie. G'�l//PoC r/r4 .� ' _._ Title VID f'/AJA/AJ(L- GFu
i State of K'. .�.1�---------------».,..,.....,.....-.._.,....,..-State of�..i�. ._..��......�........._.....,
county of �r I j O -_ CoLmty of f�{`ML)m _
On IZ'I�.`4 before me, I'�y1.i.Laii�5c''•t'�L-'7—, On i -Fc��arbefore me, itiLC`P -lr t✓;''f(�f'iri�
n
personalfyappeared pemonallyappearcd t=�q ij (\I)(�,
who proved to me on the basis of satisfactory who proved to me on basis of satisfactory
evidence to be the person(s)whose namc(s) evidence to be the paraon(s)whose name(s)
is/arc subscribed to the within Instrument and is/are subsvribed to the within instrument and
acknowledged to me that he/she/they and acknowledged to me that he/sheAhey
executed the same in Hs/her/their authorized executed the same in his/her/their authorized
capacity(ies),and that by his/her/their slgnatura(s) capacity(ez),and that by hisPo ilibeir signature(z)
on the instrument the person(s),or the entity upon on the instrument the person(s)or the entity upon
behalf of which the person(s) acted,executed the behalf OF which the person(s)acted, executed the
Instrument instrument.
I certify under PENALTY OF PERJURY I certify uneer PENALTY OF PFRJUKY
under the laws of the State of�alifornia that under the laws of the State of r- tifor..a that
the foregoing paragrap is ❑e a d corleet the foregoing paragraph m ue a d correct
WITNESS my a a I icial s al. WITNESS my nq a d ffiuial s al
Notary Signatu Notary Signature
Notary Seal: Notaiy Saal:
NOTARY PUBLIC-State of Kansas -,-
KIMBERLEECARTER NOTARY PUB:LE
-Sl2to o;Kansas
My Appl Expires 'fy'$Ql'L KIMBERE CART R
My Appt E%pir0.17': ofZ
I
EXHIBIT "A"
SCOPE OF LICENSE
Licensee agrees to provide the following services:
A. The Licensee shall be required to provide, install, operate, and continuously
maintain in proper operating condition, at its own expense, three (3) ATM's in
the locations set forth in the attached Exhibit"B", the exact location of which will
be subject to the approval of the City's Director of Aviation.
B. An ATM is defined for purposes herein as an electro-mechanical device, owned,
operated, and maintained by the Licensee, and used by its customers
(cardholders having accounts with the Licensee or cardholders having accounts
with other financial institutions which entitles them access) for the purpose of
executing banking-related transactions solely between the Licensee and its
customers on an automated basis.
C. ATM's utilized by the Licensee during the term of the License must be new and
shall present a "First-class" appearance, technologically state of the art upon
introduction into service, and compatible with any space limitations of the
Premises. Licensee is encouraged to propose uhlizahon or equipment
incorporating advanced design/customer service options (such as 24-hour
customer service telephone,audible instructions, multi-lingual display, recessed
keyboard, protruding writing ledge, camera providing photographic record of
each transaction or constant monitoring, dial back-up, privacy screen, light
compensating screen and touch-screen display).
D. All ATM's must, at a minimum be: 1) affiliated either with one or more national
ATM banking networks (such as CIRRUS, Plus, or Starr), and/or one or more
regional ATM banking networks) and display all such affiliations on the exterior
of the ATM's, 2) equipped with internal diagnostic equipment to electronically
signal Licensee of malfunctions that have or may cause the ATM's to become
inoperative (such as card jam, equipment failure, cash dispensing problems,
possible vandalism, electrical overloads, communication breakdown, or an out-
of-stock condition, 3) equipped with a placard providing telephone numbers of
Licensee's 24 hour customer service department for use by card holders
experiencing difficulty: 4) available for use and operational on a 24-hour per
day basis throughout the term of the Agreement, 5) equipped with a paper
waste receptacle, and 6) designed to minimize glare and allow the user a
feeling of privacy.
E. Licensee shall have the nonexclusive right, privilege and obligation to install,
operate and maintain (within the Airport) ATM's.
F. For the purpose of operating the License as described herein, and for no other
purpose, the City will allow the selected Licensee, its employees,
subcontractors, suppliers, service persons, licensees, guests, patrons, and
invitees the right to use the areas of the Airport specified herein, including the
necessary rights of access and ingress and egress From the Premises.
Page 13
G. Title to the ATM's equipment shall remain with the selected Licensee.
H. Licensee shall perform all alteration work necessary for the installation of its
ATM's at no cost to the City and subject to the indemnification clause at Article
6.0.
I. The City will pay all utility costs related to the services provided Licensee by
underthe License exccpttelephone or any other telecommunications charges in
connection with operation of the ATM's-
J. Service and maintenance or the ATM's are as follows:
(i) Any and all first line maintenance to be provided at Bank's sole
expense.
(ii) Cash replenishment to be provided by Bank on an as-needed basis.
(Ili) ATM's hardware maintenance to be supplied by Bank at Bank's sole
expense.
(iv) City shall provide For required electrical power lines and usage, as
well as telephone line and usage for ATM's.
K. Bank agrees to provide normal and reasonable maintenance to the equipment
provided for in this License. Bank agrees to take reasonable steps to repair
malfunction(s)within 24 hours.
L. In the event the City requires the ATM's to be moved afterthe initial installation,
all costs associated with such move shall be paid by the City.
M. By no later than June, 30 of each year of the term of this License, and including
June 30 on the year following the termination of this License, Licensee shall
provide a financial statement audited and certified by an authorized officer of
Licensee, confirming the number of transactions performed and fees generated
from the ATM's under this Agreement. Should the audited statements show any
underpayment by Licensee to City, Licensee shall pay such difference to City
within ten (10) days of City's demand therefore plus three percent(3%) of such
underpayment. Should the audited statements show any overpayment by
Licensee to City, City shall reimburse Licensee for the actual amount of such
overpayment as a credit to the following month's revenues due to City, provided
such overpayment in confirmed by the Director of Aviation.
N. Criminal History Records Check (CHRC): The Licensee will be required to
submit to the AIRPORT, prior to commencing work in accordance with this
License, a letter authorizing specific Licensee representatives to approve the
issuance of Airport Identification badges and the processing of a fingerprint
based Criminal History Records Check (CHRC) and/or an employment history
verification. Each of the Licensee's employees or representatives requiring
unescorted access to restricted areas of the Airport will be required to
successfully complete a Criminal History Records Check(CHRC)in accordance
with 49 CFR Part 1542. Employment history verification records and/or CI-IRC
results must be made available to the AIRPORT, the Transportation Security
Page 14
Administration (TSA)and/or Federal Aviation Administration (FAA)immediately
upon request-
1- Under certain circumstances, and out of control of the Airport, security
measures may change on short notice. No deviations from any security
measure shall be allowed at any time-
2- All Licensee personnel requiring unescorted access to restricted areas
of the Airport, prior to the issuance of an Airport Identification badge,
must successfully complete a fingerprint based Criminal History Records
Check (CHRC). In accordance with CFR 49 1542,209, the CHRC must
disclose that the applicant has not been convicted, orfound not guilty by
reason of insanity, of any of the disqualifying crimes listed below or as
stated in 49 CFR 1542.209, during the 10 years before the date of the
individual's application for unescorted access authority, or while the
individual has unescorted access authority. The disqualifying criminal
offenses are as follows:
a. Forgery of certificates,false marking of aircraft, and otheraircraft
registration violation; 49 U.S.G. 46306.
b. Interference with air navigation, 49 U.S.C. 46308.
C. Improper transportation of a hazardous material; 49 U.S.C.
46312.
d. Aircraft piracy, 49 U.S.C. 46502.
C. Interference with flight crew members or flight attendants; 49
U S.C. 46504
f. Commission of certain crimes aboard aircraft in flight; 49
U.S.C. 46506.
g. Carrying a weapon or explosive aboard aircraft; 49 U S.C.
46505.
h. Conveying false information and threats, 49 U.S.C. 46507.
I. Aircraft piracy outside the special aircraft jurisdiction of the
United States, 49 U.S.C. 46502(b).
j. Lighting violations involving transporting controlled
substances; 49 U.S.C. 46315,
k. Unlawful entry into an aircraft or airport area that serves air
carriers or foreign air carriers contrary to established security
requirements; 49 U.S C 46314.
I. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
m Murder.
n. Assault with intent to murder.
o. Espionage.
p. Sedition.
q. Kidnapping or hostage taking.
r. Treason.
S. Rape or aggravated sexual abuse.
t. Unlawful possession, use, sale, distribution, or manufacture of
an explosive or weapon-
J. Extortion.
v. Armed or felony unarmed robbery.
W. Distribution of, or intent to distribute, a controlled substance-
X. Felony arson.
Page r5
y Felony involving a threat.
z. Felony involving—
(1) Willful destruction of property;
(2) Importation or manufacture of a controlled substance;
(3) Burglary;
(4) Theft,
(5) Dishonesty, fraud, or misrepresentation;
(6) Possession or distribution of stolen property,
(7) Aggravated assault,
(8) Bribery; or
(9) Illegal possession of a controlled substance punishable by
a maximum term of imprisonment of more than 1 year.
aa. Violence at international airports; 18 U.S.C. 37,
bb. Conspiracy or attempt to commit any of the criminal acts listed in
this paragraph (d).
3. The AIRPORT utilizes an electronic fingerprint machine, which will be
utilized for the taking and submission of fingerprints.
4. Generally, CHRC results are returned to the AIRPORT from the TSA
within 3-5 business days.
O. Employee Security Badges
1. All Licensee personnel who will be performing guard services must
obtain, and conspicuously display on their person at all times when they
are on duty at the Airport, an Airport issued security identification badge.
2. The appropriate badge may be obtained at the Airport Operations Center
located in the terminal building. The cost for each identification badge,
CHRC and stolen and/or lost identification badges are delineated in the
City's Comprehensive Fee Schedule.
3. All badges are to be returned to the Airport when the services are no
longer required.
4. In order to obtain a Secured Area identification badge, each Licensee
employee must have satisfactorily completed the aforementioned CHRC
and successfully completed a required 2 hour training class on airport
security. Attendance of the class and subsequent issuance of the
security identification badge may take longer than 3 hours per person.
a. SIDA training will be provided by the Airport and will be
scheduled at a mutually agreeable time to the Licensee and the
Airport.
P. Armored Car Service
1. The Licensee armored car service will be required to submit to the
AIRPORT, prior to commencing work in accordance with this License, a
Representative Identification List of all armed couriers and maintenance
technicians that will need access to a restricted area. Armed personnel
Page 16
will be escorted by an Airport Law Enforcement Officer at all times they
are in an Airport restricted area.
2. The Licensee's armored car service will be required to submit to the
AIRPORT, prior to commencing work in accordance with this agreement,
a copy of the service's current Firearms Policy. Said policy shall be
approved by the Airport prior to the start-up of service.
3 The Licensee's armored car service shall comply, at all times, with the
service's Firearms Policy, all local rules and regulations, and all federal
guidelines and regulations regarding the carrying of firearms at the
Airport
Q. Installation or all ATM's shall be completed within 30 days of the effective date of
this License. At least three (3) days before Licensee installs the ATM's,
Licensee shall first contact the City's Director of Aviation to coordinate a
convenient time and date install the machines. Licensee warrants that the
installation of the ATM's shall be performed in no more than two(2)consecutive
days. Licensee shall assure that all such work is performed in a manner so as to
minimize any disruptions or interference of Airport operations, including but not
limited to, Airport pedestrian traffic. Licensee shall further assure that any work
performed hereunder shall be in a competent, professional and clean manner.
Licensee shall completely clean all construction equipment and materials upon
completion of the work. Service and maintenance of the ATM's shall be
conducted on an as-needed basis.
Page n'/
Palm Springs international Airport
ATM Locations:
Main Terminal ( Pre-Security Checikpoin'O MT
Bono Concourse SC
New Concourse NC
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UNIVERSAL MONEY CENTERS, INC.
RESPONSE TO PALM SPRINGS
INTERNATIONAL AIRPORT RFP` 09-09
ATM SERVICES
REQUEST FOR PROPOSALS
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COPY - THRICE OF FIVE
Proposals due by:
Friday, December 5, 2008
E1,,,,, Universal
UNIVERSAL MONEY CENTERS, INC.
RESPONSE TO PALM SPRINGS
INTERNATIONAL AIRPORT RFP 09-09
ATM SERVICES
REQUEST FOR PROPOSALS
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II
Proposals due by:
Friday, December 5, 2008
TABLE OF CONTENTS
For
Universal. Money Centers Inc
RESPONSE to REOUEST FOR PROPOSAL for
PALM SPRINGS INTERNATIONAL AIRPORT
SECTION TITLE PAGE
Universal Money Centers Cover Letter 3
i
A. Identification of Proponent 4
A-5. Attachment"A" 8
B. Proposed ATM Concession 9
C. Additional Data 16
D. Pricing: Exhibit"C" Licensee's Proposal 19
2
0 �s21�T��,r�,�
MEN
L ti tf>,f< ,
Universal Money Centers, Inc.
6800 Squibb Road
Mission. KS 66202
Toll Free:800-234-6860
Phone: 913.831.2055
Fax:913-831-0248
December 2, 2008
Procurement Specialist II
Attn: Leigh Ann Gileno
Palm Springs Interirational Airport
3200 East Tahquitz Canyon Way
! Palm Springs, CA 92262
Re: Request For Proposal 09-09 for Airport ATM Services
Dear Ms. Gileno,
Universal Money Centers, Inc., ("UMC")thanks you for the opportunity to bid on the
Airport ATMs. UMC understands the needs of large accounts with high volume traffic and
looks forward to forging a partnership with the Airport.
UMC was awarded five--(5)ATMs at the Sacramento International Airport, ("SAC"),
recently in March of 2008 and Donna Scranton, Senior Economic Development Specialist
Airport Properties, SAC, can corroborate at 916-874-0913. In addition, UMC is qualified
under the Disadvantaged Business Enterprise ("DBF") Program through our utilization of
Rangel Distributing, Inc., a certified DBE business,based in Kansas City, Missouri.
I have attached my business card for future reference,too_ Please contact me with any
questions at 913-244-3249 and thank you for all your help.
Smeere(ly,
/—J
Reid Graham
Senior Account Executive
3
SECTION A. IDENTIFICATION OF PROPONENT
1. Complete identification of Proposer to include the full legal name of the
organization, address, telephone number($), legal nature of the organization
(individual, partnership,joint venture, corporation)and name(s)o€key individual($)
who will be responsible for the concession operation_
Answer: Letter to the Board of Supervisors
Date: D&emher 2,2009
TO: Honorable Board of Supervisors,City of Palm Springs, California
SUBMITTED BY:
i
i
Proposer: David S.Bonsai, Chief Executive Officer
Legal Name of Proposer's Cotnpany: Universal Money Centers,Inc.
Mailing Address: 6800 5auibb Road
i City, Slate,Zip: Shawnee_Mission, Kansas 66202
Telephone: 913-831-2055
Fax: 913-831-0248
Legal Nature of Organization: Corporation
Federal Tax.Identification Number: 43-1242819
SUBJECT: PROPOSAL FOR AU1'OMA'1'LD fl-LLLR MACHINE RFP 09-09 FOR T14L PALM SPRINGS
INTERNATIONAL AIRPORT
The undersigned hereby submits co the Board of Supervisors of the Ciry of
Palm Springs this proposal for the Agreement at the Palm Springs Iatemational Airport as described in this and
the attached documents.
I
Proposer acknowledges receipt of the fnllowin2 Addenda to the REP:
(Proposer shall list all addenda received)
1. Addendum#1 2. Addendum tit 3. Addendum#3
Provisions of this proposal arc based upon all the terms,covenants and
conditions set forth in the Agreement and other RIl'documents.
The signature(s)below represent those of the Proposer.
David 8.Bonsal Chief Executive Officer O) J, 5..-Bj
Ynnt Name Print Title — tc
4
2. An out-of-state corporation shall be required to qualify to do business in the State of
California prior to execution of an Agreement.
Answer: Corporation Statement
Corporation If your business is operating as a corporation, please answer the
information following questions:
When incorporated?Sentember 25,1981
Where incorporated?State of Missouri- Charter Number 00234919
Business purpose:Provide ATM and ATM services to Financial Institutions,
Businesses, Education and Governmental Ins_titntions,_and Merchants
Is the corporation authorized to do business jr.Cali fomia?
F29 Yes ❑ No
If yes,as of whaL date?.Tune 15, 1991
Is the corporation held: ❑ Publicly? 0 Piivately?
Directors' Please supply the following information for each and every Director.
information (Attach additional pages,if necessary.)
Principal Business
Director's Name&Address Affiliation
(Other than Pra aeer's dir lmlu )
Arthur Mo+lowsky,Milwaukee,WI Atiorney,Bass&Moglowsky
leifrey Sperry,Albany,NY Vice President,CB Richard Ellis
Officers' Please supply the following information for c.-ach officer.
Information (Ana,h additional pans,if=re ssary)
Officer's Name Position
David S.Boreal Chief Executive Officer
Pamcla Glenn kresidenc Chief 0 eraui g Officer
Joe 1'hiAi s Senior Vice President,Communications
Erin Winkler Vice President,Finances
5
3. Stale total number of ATM locations and machines currently operated by Proposer.
Answer: Universal Money Centers,Inc.,("UMC"),has been in the AT1VI and ATM services
business since September 25, 1981 —27 Vears of growing,owning, managing and operating a
1200+portfolio of ATMs. UMC has enioved steady growth of their ATM network since its
inception and has the expertise and experience to quality for the Palm Springs International
Airport ATM portfolio. in addition,UMC is authorized to do business in the State of
California and has paid all taxes due to the State of California.
4. Contract parties,contract numbers,and dates of five(5)of Proposer's contracts for
operation of ATMs. List any such agreements which have been terminated, either
voluntarily or involuntarily, prior to the expiration of their terms, within the past rive
(5)years.
Answer:
Location Contract Z,e401 of 5eirOcc NtYnlber of A TM Equipment
,umbers
.5 Years on 5 Year
Sacramento International Resolution No. Term 2-A'1Ms located in U.S. Terminal
Airport 2008-0321 1-ATM located in International
6900 Airport Blvd Terminal
Sacramento,CA 95837 1-AnI located in Rental Car Center
Contact: Drama Scranton I-ATM located in Executive Airport
Phone:916-874-0913
Gainesville Airport Contract No.05 3 years on 5 Yew 1-ATM located in Main Terminal
3880 NE 39"Avenue 003 Term
Suite A
Gainesville,FL 32609
Contact: Allan Penska
Cell: 352-494-2258
Panama City Airport Auport Lease 1 Years on 3 Year 1-ATM located in Main Terminal
3173 Airport Road Agrocment Term
Panama City,rL 32405
Contact Panm 1-Icnderson
Kmart Corporation ATM Placement 9 Years on 3 Year 400-1- - %1Ms located in 38 U.S.
3100 W.Big Seaver Rd Agreement with Tcm welt states
Troy,MI 48084 Amendments Renewals
Contact: Dave Schuvie
Phone: 248-463-5566
University of Texas — El Lease Agreement 4 years on 3 Year I -ATM located at Student Union
Paso For ATMs with 1-erm 2—AIMS located in Sun Bowl
3120 Sim Bowl Drive Amendments Stadium
El Paso,TX 79986 2—ATMs located in Don Hass c ns
Contact: Liz Mendez Arena
Phone: 915-747-5310
6
UMC rovided a Termination Letter to the University of Texas—El Paso after the three vear
terns was finished due to the lack of surchar'eable transactions and UMC's Financial
Institution (Fl) partner. Government Employees Credit Union, (GECU),who shared the
monthly lease payments with UMC did not believe that the GECU transactions were
commiserate to the investment. The University is currently bidding out for a replacement ATM
provider, however, UMC and GECU have agreed to different terms and conditions until
another ATM provider is found.
7
S. Completed Signature Authorization and Addenda Acknowledgme:nt(seeAttachment
«A)
Answer: ATTACHMF.N"1'"A"
REP 09-09
ATM Services for the Palm Springs
International Airport
*NOTE: TRIS FORM MUST BE COMPLETED AND INCLUDED WITIi YOUR PROPOSAL
SIGNATURE AUTHORIZATION
NAME OF PROPOSERTIRM:
Universal Money Centers, Inc.
A. I hereby certify that 1 have the authority to offer this proposal to the City of Palm Springs for
the above listed individual or company. I certify that I have the authority to bind myselt/this
company in a contract Should I be suoccssful in my proposal.
SIGNATURE
David S. Bonsai,Cbief Executive Officer
PRINT NAME.
B. The following information relates to the legal contractor listed above,whether an individual o
or a company. Place check marks as appropriate:
I. It successful,the contract language should refer to me/my company as:
An individual;
Apartncrsbip; Padners' names:
A company;
X A corporation
2. My tar identification number is: 43-1242819
ADDENDA ACKNOWLEDGEMENT:
Acknowledgement of Receipt of any Addenda issues by the City for this RFC' is required by including
the acknowledgement with your proposal. Failure to acknowledge the Addenda issues may result in
your proposal being deemed non-responsive.
In the space included below, please acknowledge receipt of each Addenda:
Addendurn(s);#1,2,and 3 is/are hereby acknowledged,
i
8
SECTION B. PROPOSED ATM CONCESSION
Proposer shall provide a comprehensive narrative describing, In detail, the proposed ATM
Concession operation clearly setting forth Proposer's qualifications in terms of experience,
quality of performance, organization and similar factors in operating automated teller
machines to include the following:
1. Description of the management structure to be used in the operation of the
concession.
Answer:
.UMC Key Personnel Qualifications UMC Experience
David S.Bonsal,CFO Owner of UMC.Responsible for long-range 20 years
planning and strategy for UMC and decision-
malting in all facets of ATM business including
finance,sales,and lark account negotiation.
Pamela A. Glenn, Risen through the ranks fiom Card Services. 26 years
President/Coo Responsible for UMC operatiurta including
management of personnel, strategy implementation,
account ungoliation, and reports to CEO.
Responsible for large house account% like Kman
and High's.
Joe Phillips, Senior Vice- Responsible for A7M Mainframe, ATM 21 years
j Plesldent,Communications telecomanunicauons rnudels, new product
development, and ATM hardware testing &
compatibility.
Erin Winkler, Vice- Respousible for procurement, UMC darabase, vault 6 years
President,Finance cash managomcnt grid order depautmcnt, and new
product development.
Z Schedule of services and distinctive features to be offered by Proposer ateach ATM.
compare to latest trends in off-premise ATM locations.
Answer: UMC will post on the ATMs a list of ATM Transaction Fees,transacl ion surcharge
warning that the'Ordholder's FT may charge an additional fee. or antis other fees charred. All
IJMC ATMs will bave a receipt option and a swipe card. 1:MC's 800-234-6860 Customer
Service number will be posted and available to all customers 24x7x365 with instructions for the
Airport customers and employees. ITMC ATMs will have access to the below networks and
AT1VI services:
9
UMC ATM Scope UMC Alliance UMC ATM Future
of Services Network for Financial Trends
Insnnttiong 71s
Withdrawals • Surcharge-fret . Nexxo Money
Balance uansacnons to F1 Transfer
Inquiries members TIO Bill Pay
• Fund Transfers Local,regional, Check
super-regional, lmagulg
national,& • Crifl Cards
interimonal,
Current FIs
included
3. Location, availability, and name of mpairservice and machine maintenance group.
Answer:
I
ATWISerdee'Company Availability&Maintenance Grau
Universal Money Centers • 24 x 7 x 365 ATM Hardware Support
Field Engineer Services 4-Hour Response to Second Line Maintenance(Hardware
110 Mission Drive Issues)
Camarillo,CA 93010
Pendum ATM Services 24 x 7 x 365 ATM Service Support
505 E.Rincon • 4-Hour Response m First Line Maintenance(Bill&Card Jain
Suite 100 Issues)
Corona,CA 92879
4. Maintenance response time.
Answer. UMC's emergency res ome procedures begin iturne(liately at our Network
Operating Center that runs twenty-four hours 12er day and three hundred and shay-five
da s a ear 24 x 7 x 365). Customer Service and Cam liter Operations are naemTed
Nether in order to communicate better. UMC's Tandem mainframe and ATM
Manager Pro,UMC's database software,program,work in tandem guex}_ing and
identifying low cash and maintenance issues on a real-time basis and reportaey
auomaly to the UMC staff. This allows our Cnslunner Service and Comppler
Operations Peale to see if the Airport ATMs are low on cash,has any maintenance
issues and/or is ex eriencinn complete downtime due to theft or vandalism. In
addition, the Airport ATMs would be"earmarked"by both 04C and Pendum
Armored and in their northwest U.S.and Sacramento offices on the Airport ATM sites
and their Service Level Contract on a special Addendum as four—(41 hour response
sites. Many of our high level accounts and the maioritj of the References that UMC has
provided are included in Ibis type of Contract. Furthermore,the Airport ATMs would
be designated as a"lied-Level"account internally at UMC. Red-Level accounts receive
priority_above all other accounts.
If an issue is discovered the UMC team immediatelv diagnoses the issue via our
dig nosties sollware at the NOC. UMC loads this remote dig nostic software an all of
our ATMs and via the ATM telecommunications at the Airport ATMs the dig noslic
process is on a real-time basis. All Customer Service and Computer Operations
10
i
personnel are empowered internally to send an agent of either Pendum Armored or
UMC to fix the issue immediately- UMC and PCnd1Am have local offices in the Los
Angeles market.
Pendam will ]erforlp all regular cleaning duties in addition to delivering vault cash and
reloading ATM receipt paper. All ATMs in the terminals will be cleaned and
maintained on a weeldy or bi-weeldy basis.Any issue will be resolved witbin a four- 4
hour timeframe for the Airport ATMs.
UMC has ATMs in their warehouse in Kansas City that is ceatc-ally located for uick
delivery as needed. UMC has a parts depot for the Airport ATMs and will overnight
any needed parts necessary to fix the Airport ATMs ina_timely fashion.
5. Name of ATM network affiliations (regional, national, and.international).
Answer:
UMC ATM Card
Netwnrk Affdlations
• Plus,Star,Circus,
. American Express,
�, SS000r,
• Discover,Pulse,
Interlink,
. NXCE,Tyme,Cash
• Station,MAC,
Exchange
• State EBT networks
. TYMC FS Alliances
• Intemac
G. Number of cards and card holders which can access each network.
Answer: Due to its iuberetit owninLy of its own switch UMC connects via an ATM
network gateway has direct connections to the_all major ATM companies. This
enables UMC to connect to an unUmited number of cards and card holders.
7. A card holder base(by participating institutions)and number of cards having access
to this ATM.
Answer: UMC has the unioue ability to offer surcharge—free transactions to Financial
Financial Institutions(FIs) and to sign-up with surcharge—free transactions networks
like Mone Pass that is owued bY U_S.Rauk_ Currently UMC has ten- 10 +FIs that
constitute over 400.000 members stud a like number of cards.
If UMC is awarded the Airport CograinUMC m ill consider the MoneyPass program
that includes over 24 million cardholders and over 750 paparticipat:Wg F'Is and growing,
I
S. Maximum amount of cash,travelers' cheques,and other services card holders can
obtain in any twenty-four(24) hour period.
Answer: UMC will allow unlimited amounts of cash and other services for card
holders. General] Financial Institutions Is have a daily limit for their cardholders
and those same limits would apply at the UMC ATMs,
9. Maximum amount of cash and travelers' cheques each ATM can provide each
twenty-four (24) hour period-
Answer: All LTMC ATMs will dispense U.S. currency iu $20.00 denominations. All
UMC ATMs will dispense between$120 000.00 and$240 000.00 depending upon the
amount of cash cassettes between 2—4 in the ATM. The UMC ATM can dispense a
total of Six Thousand(6,000)bills to a total of Twelve Thousand 0 2,000)bills from the
UMC ATM that equals One Hundred Thousand U.S. dollars S 126 000.00 to Twn
Hundred Thousand U.S.dollars($240,000.00) in any twentv-four(24) hour period.
10. A detailed description of all feeslcharges applied to users of the ATM,which shall be
fixed for the first year of operation.
Answer: UMC agrees to a S 2.25 fixed fee for all surcharaeable withdrawal transactions
for the first year of operation of the contract. Please see below for the detailed
description for users of the UMC ATMs:
UMC ATM Scope of UMC Fees
Services
Withdrawals S 225
• Balance Inquarics($I) $ 0-00
• Fund Transfers(FT) S 0-00
• UMC,Alliance FI • S coo
Withdrawals, BIs,FTs
• Other Services like T13D
Gift Cards,Bill Pay,
Money l'ransfer,etc.
11. A statement of commitment containing proposer's approach to charge/fee escalation
over the 3-year term of the Agreement, and specify the anticipated percent of
increase for each of the three years with 2 one year renewal options.
Answer: UMC commits to the first year of the contract to a S 2.25 fixed fee per each
surchargeable withdrawal trausaction and understands the Airpor_t_Authority wanting
to limit that fee. UMC commits to years 2—5 not to increase the surcharge past S 2.50.
12. Historical percentages of uptime, equipment failure, and card-jams for the ATM
machines to be used.
12
Answer: TJMC has provided the below report for equipment ment failure that iucludes card-
'ams.for 2008. However UMC will provide brand-new RWsung 5050CE ATMs that
nullity,the below equipment failure as UMC provides refurbished ATMs at some of
their sites. UMC has a 99.9%ATM network u time and see below for the 2008
Tandem IIimalava Mainframe that runs the UMC ATM switch re ort as well.
Month %Downflme
Jan-08 6.8
Feb-08 91
Mar-08 _ 5.8
A r-08 3.5
Ma -08 5.3
Jun-08 4.2
Jul-08 6.3
Au -08 2.6
Se -08 2.7
Oct-08 2.4
Nov-08 4
Dec-08 w
Tandem Efficiency Rating
As Of May 2008
Every three months, a utility program called Measure is tun to calculate how efficiently the
Tandem is running. The program analyzes five of the critical components for continued
mainframe operations. These components are as follows:
1. CPU Subsystem
2. Memory Subsystem
3. Disk Cache Subsystem
4. Disk Volume Subsystem
S. System Recovery Performance
Each component is weighed on a r)umber of different options to determine its overall
efficiency. They are as follows:
I. CPU Subsystem—utilization, load balancing and performance
2. Memory Subsystem—utilization, swaps
j 3. Disk Cache Subsystem—disk cacbe performance over all volumes
4. Disk Volume Subsystem —device performance and queue time
5_ System Recovery Performance--ability of the system to provide acceptable
performance if a CPU tails.
After the analysis period is complete, Measure assigns a percentage to identify how strongly
or poorly that component is ruruvng. It then merges the five component percentages into an
overall system performance score to indicate haw the Tandem is currently running.
0 13
May 2008 Measure Report Summary:
1, CPU Subsystem 100%
2. Memory Subsystem 100%
3. Disk Cache Subsystem 95%
4. Disk Volume Subsystem 76%
5. System Recovery Performance 94%
Average Efficiency Rating: 93%
There are 8,760 hours in one year. out or that total amount of hours, UMC's Tandem was
down hard for only 3.5 hours that entire year. That computes into a percentage of about
99.9% uptime for the Iast year.
13. Average transactions per month per machine at other airports (if applicable).
Answer: Please see the,attached Airport average transactions table:
UMC Airport ATM Location Average 200$Monthly
Transactions
Sacramento Terminal A Lower Level 830
Sacramento Terminal A Upper Level 2511
Sacramento'remunat B L Upper Lcvcl 402
Sacramento Rental Car Building 196
Sacra nonm r-xccutive Airport 41
Gainesville Airport 307
Panama City Aiq)orl 748
14. Special design features which may make the ATM's conducive for use by the
physically handicapped and the blind.
Answer: UMC will provide the following special design features of the II osun
5050CE ATMs for the physically handicapped,and the blind:
• AAA—compliant ATMs that allow wheel-chair bound_customers to reach the
designated heiEht from their wheelchairs
• Braille-enabled keypad to ensure blind can use the ATM
14
• Voice-enabled ATMs that enable blind and hvsicall -challen ed customers (o
use the ATM
15. Timetable for commencement of concession operation from the date of Notice to
proceed listing significant milestones (e.g_, regulatory approval, electrical and
telephone communications installation, ATM delivery).
Answer:
Time. - Projeclb6na0,
10
e1
it
AT11T Task List Frame Methodology - Ini lementntwn strate
Airport ATM Project Pre-assigned Reid Graham will handle all Alicia Borders, UMC Project Manager,
after RIP inquiries from the Airport regarding assigned possible new account. VP Finance,
mailing the RIP. UP Response copy Si. Vl' Communications, Director of
automatically requires UMC internal Operations, & Manager of Pield f ngmeers
processes designating fixed costs, sent UMC Sharepoint Project lists with task
hardware, & personnel for new lists&updated on UMC Intranet.
business.
i
Notice to Proceed via I day Allowing for the designated days for Pamela Glenn, COO, has signed Contract
Airport the Airport review and selection that includes site. Alicia Bordcrs, Project
process, Prujuct approval in place Mgr, informs all responsible UMC personnel
due to Contract signed by UMC via telephone, email & UMC Sharepoint
prior to receiving Aiport's signing. Intranet. Tim Quinn, Field Engineer
Site finalized via signed Contract. Manager, informed to prepare designated
Meetings & conference calls set-up ATM. Computer Operations adds ATM to
via Sharepoint Intranet & email. UMC ATM Manager Pro database software.
Database software, ATM Manager Erie Winkler, UMC VP, orders cash vial
Pro,updated with new Airport ATM Vault Cash Department for the Airport
site for downtime reporting, cash ATMs.
delivery schedule, telecom
information,hardware identification,
event scheduling, and other ATM
recesses.
Order Telecom Lines 2 days Wireless AfM communications UMC Sr. VP Communications, Joe Phillips,
(If Required) shipped with the ATM and do not has ATM telecom line ordered, updated, &
require any lead time. However, if trouble-shot through his department. UMC
wireless not available, ATM Project Manager, Alicia Borders, handles
telecom provider's, AT&T,progress communications between UMC and the
tracked & updated through UMC Airport.
Sharepoint Intranet process, lnteinal
& external Project communications
needs handled by UMC.
Telecom Lines 7-14 days ATM telecom provider's progress Joe Phillips receives emails frorn ATM
Installed tracked & updated through UMC telecom provider of successful installation(s)
(If Required) Sharepoint Intranet process. Internal Tim Quinn, UMC Field Engineer Manager,
& external Project communications assigns UMC Field Engineer to travel to lire
needs handled by UMC. Successful Airport to test UMC modem and telecom ling
installation&testing required. for signal back to telecom Central Office &
UMC Network Operating Center.
ATM Installation 7 days ATM installation process and UMC Field Engineer handles delivery
progress tracked & updated through logistics of ATM as needed. LTMC Field
UMC Sharepoint Intranet process & Engineer installs&tests A IM back to UMC
through email to Airport Network Operating Center. All installation
15
:a
Successful installation & testing work to be performed by UMC personnel v�
required. UMC will pay per Agreement. UMC
Engineer will inform Alicia Borders
telephone, entail, &digital pictures to cnsm-c
that the Airport satisfied with linisl.
installation.
Cash Delivery 1 day Cash delivery process via Pendum After UMC Pield rugineer infurma Ali
Armored Delivery and progress Borders of successful installation, Alicia
tracked and updated through UMC contacts Pendum Armored Delivery for c,
Sharepoint Intranet process, via delivery immediately. Request logged '-
entail&telephone, &through UMC follow-up to ensure successful cash deliva.y
ATM Manager Pro database next day via Vault Cash Department
software. UMC and Airport personal inforrued
successful ATM installations.
ATMs Installed & 1 day Successfid ATM installations & UMC Computer Operations back the Airp�.,
Dispensing Cash dispensing cash update to all UMC ATMs on a 24 x 7 x 365 day basis i
Airport personnel. UMC able to enables UMC personnel to attend to anv
track on a real — tune basis the issues within a 4 — hour designated ti,,
Airport ATM via ATM Mmagcr frame for the Airport ATM- Pendum A' -
Pro database software & adjust for Services will handle any hardware issues at
any issue that arise. the Airport ATM ATM Manager Pro we.
together with the Tandem Main Pra-
Computer & Solomon Accouniing Software
to ensure prompt payment and report.
schedules to the Airport-
� 16
SECTION C. ADDITIONAL DATA
C. Additional Data.
Each Proposershall furnish any additional data,exhibits,statements,drawings and photos
which Proposer deems essential to assure total understanding and evaluation of its proposal
by the City.
j Answer: UMC will provide new llyospng 5000CT ATMs and the related
specifications are included below as well as a picture of the ATM below_:
13yosung 5000C> S�a.Ad-Alone ATM, Ilgsign,Fiiu`slt'A Dimensions
S eellcaliops.
• Dual Cassette with UL291 Heavy Safe 70"Height x 17"Width x
• Wireless ATM telecommunications 34"Depth
3DFS Compliant • 250lbs_
• ADA Compliant with Braille pads Light Brown Color with
• Large 14.1"Color L CD Display dark brown accents
• Rugged Composite Material that resists Stccl Composite Chassis
wear&vandalism
• Lit ATM topper w/out advertising
• IdcnbFcation of American State Bank-
UMC's sponsor Fl and UMC
i
j 17
i
i
�✓IS^ •m��,y
J,
III r
r
SECTION D. PFaCNIG
E11=1T uc»
LICENSEE'S PROPOSAL
ATM .'$z:icing Proposal
Year i Year 2 Year 3 Year 4 Year 5
MT All SWD 1.25 All SIA✓p 1.3G All SWD 1,35 All SWD 1.35 All SWD 135
BC A115Wr) 1.25 All SWD 110 All SWD 1 T5 All SWIJ 7.'i5 All SWD 115
NC If ATM does>299 ILATM does:199 1fATM does�lYY IfAT11 does=W If ATM dove-199
SWD Ail SWD SWD All SWD SW1]pyISWD SWDAIISWD SWrj All SWD
1.25,othervisc S U UO 1.10,ng c. 'se S D.00 1 35,oG]�wjvc 4 OAU 135,athII: /isc$0.00 i 135.OdiCI-I$0,00
SWD=Surchargeable Withdrawal
' i9
ELLIOTT INS. LOUISBURG Fax 9128279259 Dec 23 2008 08;56am P002/006
06 30/08
D CERTIFICATE OF LIABILITY INSURANCE DP ID Dki DATE(MMR DM Y)
ACOR
UPTVR-5
PRODUCER THIS CERTIFICATE IS Is8UE0 AS A► ATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Elliott Insurance Ina - L=bg HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
278 Fa3rlane Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELLOW.
Louisburg Ifs 66053
Phone: 913-837-5325 Fuae:913-837-5359 INSURERS AFFORDING COVERAGE NAIC0
INSURED INSURER& Fidelity & beposltt Company
NSURER S. wefstxo a !F Associates
Universal Moaey Centers InC. INSURER
Rrin Winkles
Squibb R d INSURER D:
1li6800 sBaen YC9 662�2
INSURER F:
COVERAGPS
THE POLICIES OF INSURANCE LISTED BELOW NAYE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTW7TTISTANDING
ANY REGUIRRNBNT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 166UFA OR
MAY PER%N.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,E4DIJ161ONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDOCED BY PAID CLAIMS.
LTR IN TYPECFINSURMNCID PDL NUMBER DATE NIDDim DATE M
GENERAL LIABILITY oACH CCCURkFHCE IS1,000,000
A a COMMERCIAL GENEIaALLIABILITY CPP000966806 07/01/08 07/01/09 PREMIBES aom.,reRce s300,000
CLAIMS MADE ®OCCUR MEOE (Awonepa w) S S DQQ
PERSONAL&AOV INJURY $1,000,000
GENERAL AGGREGATE 1;2,000 000
GENT AGGREGATEuM(TAPPLIE6 PER: PRODUCTS-COMP/OP AGG $2,000,000
POLICY jPa LOC I Mee Bea. 1 000 000
AUTOM061LRLMEHIFY COMSINED SINGLELIMU
A x ANYAUTO MV000966806 07/01/08 07/01/09 (E'°O° M sl,OD0,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULE)AUTOS perpBl V) $
HIRED AUTOS BODILY INJURY
NON.OWNED AUTOS (PwPa'ddenl) s
PROPERTY DAMAGE
(Pena d@M
GARAGELWBILITY AUTOONLY-FAACCIDERT $
ANYALTO OTHERTHAN FA ACC $
AUTO ONLY: AGG;S
ECCccabmI3FEL wLwslu" EACH00CURRENCE $1,000,000
LA OCCUR ❑CLAIMBMADE CPP000966806 07/01/08 07/01/09 AGGREGATE s
$
DEDUCTIBLE $
$ RETENTION 310,000 S
WORKERS COMPENSATION AM X TORY LIMrfS ER
A ENPLOYERB'LIABPIIY CYP000966806 07/01/08 07/01/09 E.L FACE ACCIpENT *1000000
OFFICRER/MEM6LRIXCWn DiEWEO?ECilTN1= ELDISEASE-EAWPLOYE 11000000
IFgqeAde cflb¢untlCT
8PECIAL PROVISIONS oal EL CISBABE,POLICYLIMIT 31000000
O7NER
B Crime 268121860 01/01/08 07/01/09 Crime 1,000,000
DESCRIPTION OF OPCRATIONS/LOCATIONSIVEIICLES14,CLUSIOH6 ADDED BY FNOORSEIAIINT I SPECIAL PROVISIONS
Certi£iaate holder is listed as an additional insured. G�-naral IdablIity is
PriIuaay and non-Contributory. 'Waiver of subrogation applies to the Work
comp.
CERTIFICATE HOLDER CANCELLATION
❑ImrOpA SHOULD AHT OF THE ABOWDC&CRIBED POLICIES BE CANCELLED BEFORE THE EYPIRATH
City of Palm Springs oATETHERCOFr TNl LtiSI1Wg RmRERYVILLENDEAVoRTOMAIL 10 DAYS WR)ITEH
Dept O:E Av±ativn NATICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO DO SO SNAL
P? Ilm sprDngs Int. Alrport INPosENOOBLIGATIONORUAUIUYYOFA *UNDUPONTIIEYI$URERWN'9AGENTSOR
3400 Eaat `Pahl,;tz Cauyon Way, Anv€e.
Pa3.m Springs CA 92262-6966
A
ACORD 25(2001109I 0ACORD CORPORATION 18
ELLIOTT INS_ LOUISBURG Fax 9139275359 Dec 23 2008 08:56am P003/0o6
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed_A statement
on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)-
DISCLAIMER
The Certificate of Insurance an the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(20011081
ELLIOTT INS. LoOIS60RG Fax 913o375359 Dec 23 2009 09;56am P004/006
Additional Insured — .Automatic — Owners, Lessees Or
Contractors ZURICH
Policy No, Eap_ Dal. of ltol, Eff Dste of End- AL=V No- AML Pm 110-u Preax-
THIS FNDORSE ENT CHANGES TUE POLICY. PLEASE READ IT CAMULLY.
Named Insured:
Address (including ZIP Code):
TJns endorsement modif es jnsurantce provided under The:
Commercial General Liability Coverage Part
A. Section It—Who Is An imaxed is amended to include as an insured aqy person or orgmizatwu who you are
required to add as an additional insured on this policy under a w'riueu contract or wTittea.agreementt_
B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property
damage" or"personal and advertsing injury"covered under SrCTION I-Coverage A-Bodily Injury And Prop-
erty Damage Liability and Section I- Coverage B-',personal And Advertising Injury Liability,but only with
respect to liability for "bodily injury", "property damage" or"personal and advertising injury"caused,in whole or in
per,by-
1. Your acts or omissions-or
2. The acts or omissions dithose acting on your behal#and resulting directly from:
a. Your ongoing operations performed for the additional insured_which is the Subject of the written contract or
written agreementA or
b. "Your worl£'t completed as included in the "products-completed operations hazard", performed for the
additional insured,which is the subject of the written contract ox written.agreement-
C. Flowever,regardless of the provisiow of paragraphs A.and B.above:
1. We will not extend any insurance coverage to any additional insured person or organization-
a_ That is pot provided to you in this policy;or
b. That is any broader coverage than you are required to provide to the additional insured person or
organization in the wriuea contract or written agreement;and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower
of
a. The Limits of Insurance provided to you in this policy;or
b. The Limits of Insurance you are required to provide in the written coprtaot or written agreemeft
lnclndm copynatrd material afIwu=ce Services D ec,Etc.,whit its penniasien, U-GL.1175-B CW(3l2007)
Page 1 of
ELLIOTT INS. LOUISBURG Fax 913837535E Dec 23 200B 08:57am P005/006
D. The instnanco provided to the additional insured person or organization does not apply to:
"Bodily injury","property damage"or"personal and advertising injury"arising out of the rendering or failure to ren-
der any pmfcssional architectural,engineering or surveying services including;
1. The preparing,approving or failing to prepare or approve maps, shop drawings,opinions,reports,surveys,field
orders,change orders or drawings and specifications;and
2. Supervisory,inspection arch tecttlial or en breezing activities.
E. The additional ir&nd must see to ittbar
1. We axe notified as soon as pracicable of an"occurrence"or offense that may result in a claim;
2_ We receive written notice of a claim,or"suit"as soon as practicable;and
3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. T.In provision does not
apply to insurance on which the additional insured is a Named Insured, if the written contract or written
agreement requires that this coverage be primary and non-contribut ary.
F. For the coverage provided by this endorsement
1. The following paragraph is added to Paragraph d.a. of the Other Insurance Condition of Section IV —
Commercial General Liability Conditions:
This insurance is primary incntance as respects out coverage to the additional insured person or organization,
where the written contract or written agreement requires that this iasiirauce be primary and noa-contributory. In
that event, we will not seek contribution krona any other insurance policy available to the additional insured on
which the additional insured person or organization is a Named Jnsured.
2. The following paragraph is added to Paragraph 4.b. of the Other bisarance Condition of Section N —
Commercial General TaabMty Conditions:
This insurance is excess over-
Any of the other insurance,whether primary,excess, contingent or on any other basis,available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured by attachment of
an endorsement to.another policy providing coverage for the same"occurrence",claim or"suit". This provision
does not apply to any policy in which the additional insured is a Named Insured err syrup other policy and where
our policy is required by written contract or written agreement to provide coverage to the additional insured on a
primary and non-coutnbutory basis.
G. This endorsement does not apply to as additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds,and which endorsement applies specifically to
that identified additional insured.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as
written.
Includes copyri€hted,material oMsurnce St#v m Mp,Inc.,with,its pwnds ua- v-GL-1175 s con(MOM
pa"e 2 of 2
ELLIOTT INS. LOUISBURG Fax 9139375359 Dec 23 2008 08:57im P000/0o6
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE,POLICY WC 00 0313
(Ed.04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule_
Schedule
This endorsement changes the policy to which K is attached and is effective on the date issued unless otherwise stated_
(The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No_
insured Premium S
Insurance Company Countersigned by
WC124(4-84) Page 1 of 1
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'jinverwal MAI
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• UNIVERSAL MONEY CENTERS, INC.
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• RESPONSE TO PALM SPRINGS
• INTERNATIONAL AIRPORT RFP 09-09
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• ATM SERVICES
• REQUEST FOR PROPOSALS
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• ORIGINAL - ONE OF ONE
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• Proposals due by:
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Friday, December S, 2008
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! UNIVERSAL MONEY CENTERS, INC.
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• RESPONSE TO PALM SPRINGS
• INTERNATIONAL AIRPORT RFP 09-09
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• ATM SERVICES
• REQUEST FOR PROPOSALS
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Proposals due by:
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• Friday, December 5, 2008
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TABLE OF CONTENTS •
For •
Universal Money Centers, Inc
•
RESPONSE to REQUEST FOR PROPOSAL for •
PALNI SPRINGS INTERNATIONAL AIRPORT •
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SECTION TITLE PAGE
Universal Money Centers Cover Letter 3 •
A. Identification of Proponent 4
A-5. Attachment"A" 8 •
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I3. Proposed ATM Concession 9 •
C. Additional Data 16 •
D. Pricing: Exhibit"C"Licensee's Proposal 19 .
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• Universal Money Centers, Inc.
• - - - - 6800 Squibb Road -
Mission, KS 66202
• Toll Free:800-234-6860
• Phone: 913-831-2055
Fax:913-831-0248
•
December 2, 2008
•
. Procurement Specialist II
Attn: Leigh Ann Gileno
• Palm Springs International Airport
3200 East Tahquitz Canyon Way
. Palm Springs, CA 92262
Re: Request For Proposal 09-09 for Airport ATM Services
•
• Dear Ms. Gileno, --
• Universal Money Centers, Inc-, ("UMC") thanks you for the opportunity to bid on the
• Airport ATMs- UMC understands the needs of large accounts with high volume traffic and
looks forward to forging a partnership with the Airport.
UMC was awarded five—(5) ATMs at the Sacramento International Airport, ("SAC'),
recently in March of 2008 and Donna Scranton, Senior Economic Development Specialist—
• Airport Properties, SAC, can corroborate at 916-874-0913. In addition, UMC is qualified
. under the Disadvantaged Business Enterprise ("DBE") Program through our utilization of
. Rangel Distributing, Inc., a certified DBE business, based in Kansas City, Missouri.
• I have attached my business card for future reference, too- Please contact me with any
questions at 913-244-3249 and thank you for all your help.
•
• Sincerely,
• Reid Graham
• Senior Account Executive
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SECTION A. IDENTIFICATION OF PROPONENT
1. Complete identification of Proposer to include the full legal name of the •
organization, address, telephone numbegs), legal nature of the organization •
(individual, partnership,jointventure, corporation)and name(s)of key individual(s)
who will be responsible for the concession operation- •
Answer: Letter to the Board of Supervisors •
Date: December 2,2008 •
TO: Honorable Board of Supervisors, City of Palm Springs, California •
•
SUBMITTED BY: •
Proposer: David S.Bonsal, Cbief Executive Officer •
Legal Name of Proposer's Company: Universal Money Centers,Inc.
Mailing Address: 6800 Squibb Road •
City, State, Zip: Shawnee Mission,Kansas 66202 •
•
Telephone: 913-831-2055 •
Fax: 913-831-0248 - •
Legal Nature of Organization: Corporation •
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Federal"fax Identification Number: 43-1242819
SUBJECT: PROPOSAL FOR AUTOMATED TELLER MACHINE RFP 09-09 FOR TFIE PALM SPRCNGS •
INTLRNATIONAL AIRPORT •
•
The undersigned hereby submits to the Board of Supervisors of the City of
Palm Springs this proposal for the Agreement at the Palm Springs international Airport as described in this and •
the attached documents. I •
Proposer acknowledges receipt of the following Addenda to the RFP: •
(Proposer shall list all addenda received) •
1, Addendum#1 2. Addendum'42 3. Addendum#3 •
Provisions of this proposal are based upon all the terms,covenants and
conditions set forth in the Agreement and other RFP documents.
The signature(s)below represent those of the Proposer.
David S.Bonsal Chief Executive Officer
Print Name Print Title Signa ure
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• 2. An out-of-state corporation shall be required to qualify to do business in the State of
California prior to execution of an Agreement.
' Answer: Corporation Statement
Corporation If your business is operating as a corporation,please answer the
. information following questions:
• When incorporated?_Septernber 25, 1981
• Where incorporated? State of Missouri- Charter Number 00234919
Business purpose: Provide ATM and ATM services to Financial Institutions
Businesses Education and Governmental Institutions and Merchants
Is the corporation authorized to do business in California?
0 Yes ❑ No
• If yes, as of what date?June 15,,1991
Is the corporation held: 0 Publicly? 0 Privately?
Directors' Please supply the following information for each and every Director.
information (Attach additional pages, if necessary.)
• Principal Business
. Director's Name&Address Affiliation
. --- -- (Other than Pro oscr's dtrccmt iti )
Arthur Mo lowsky,Milwaukee,Wl Attorney,Bass&Moglowsky
Jeffrey Sperry,Albany,NY Vicc President,CB Richard Ellis
Officers' Please supply the fallowing information for each officer.
Information (Attach additional paFcs,if necessary)
s
• Officer's Name Position
• David S.Bousal Chief Executive Officer
Pamela Glcnn President,Chief Operating Officer
Joe Phillips Senior Vice President'Communications
Erin Winkler Vice President,Finances
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3. State total number of ATM locations and machines currently operated by Proposer. •
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Answer: Universal Money Centers,Ine., (°'UMC"),has been in the ATM and ATM services •
business since Septennber 25, 1981 —Z7 vears of growing, owning,managing and operating a •
1200+portfolio of ATMs. UMC hasl enjoyed steady growth of their ATM network since its
inception and has the expertise and experience to qualify for the Pahn Springs International •
Airport ATM portfolio. In addition.'UMC is authorized to do business in the State of
California and has paid all taxes dueito the State of California.
4, Contract parties,contract numbers, and dates of five(5)of Proposer's contracts for •
operation of ATMs. List any such agreements which have been terminated, either •
voluntarily or involuntarily, prior to the expiration of their terms, within the past five
(5) years.
Answer: •
Location Contract Length of Service Number of ATM Fquipment
Numbers
.5 Years on 5 Year
Sacramento International Resolution No. Term 2-ATMs located in U.S.Terminal
Airport 2008-0321 1-ATM located in International •
6900 Airport Blvd Terminal .
Sacramento,CA 95837 1-ATM located in Rental Car Center
Contact: Donna Scranton 1-ATM located in Executive Airport •
Phone:916-874-0913 •
Gainesville Airport Contract No.05 3 years on 5 Year I-ATM located in Main Terminal
3880 NE 39`h Avenue 003 Term
Suite A .
Gainesville,FL 32609
Contact: Allan Penska •
Cell: 352-494-2258 .
Panama City Airport Airport Lease 1 Years on 3 Year I-ATM located in Main Terminal •
3173 Airport Road Agreement Tenn
Panama City,FL 32405
Contact: Pamn Henderson .
Kmart Corporation ATM Placement 9 Years on 3 Year 400+ - ATMs located in 38 U.S. .
3100 W.Big Beaver Rd Agreement with Term with states
Troy,MI 48084 Amendments Renewals .
Contact: Dave Schuvie
Phone: 249-463-5566 •
University of Texas — El Lease Agreement 4 years on 3 Year 1 -ATM located at Student Union •
Paso for ATMs with Term 2—ATMs located in Sun Bowl •
3120 Sun Bowl Drive Amendments Stadium •
El Paso,TX 79996 2—ATMs located in Don IIaskins .
Contact: Liz Mendez Arena
Phone: 915-747-5810
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• UMC provided a Termination-Letter to the University of Texas—El Paso after the three vear
term was finished due to the lack of surchargeable transactions and UMC's Financial
• Institution (FI) partner. Government Employees Credit Union. (GECU).who shared the
• monthly lease payments with UMC did not believe that the t.ECU transactions were
• commiserate to the investment. The University is currently bidding out for a replacement ATM
provider, however, UMC and GECU have agreed to different terms and conditions until
• another ATM provider is found.
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5. Completed Signature Authorization and Addenda Acknowledgment(see Attachment .
Answer: ATTACHMENT "A" — --- •
RFP 09-09 _.
ATM Services for the Palm Springs •
International Airport
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL .
SIGNATURE AUTHORIZATION
NAME OF PROPOSIER/FIRM:
Universal Money Centers, Inc. _
A. I hereby certify that 1 have thelauthority to offer this proposal to the City of Palm Springs for
the above listed individual or company. I certify that 1 have the authority to bind myself/this
company in a contract should I be successful in my proposal. .
�. Q J� •
SIGNATURE
David S. Bonsal, Chief Executive Officer
PRINT NAME •
B. The following information relates to the legal contractor listed above, whether an individual o •
or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
An individual;
A partnership;Partners' names: .
s
_A company;
X A corporation
2. My tax identification number is: 43-1242819 •
ADDENDA ACKNOWLEDGEMENT: .
Acknowledgement of Receipt of any Addenda issues by the City for this RFP is required by including
the acknowledgement with your proposal. Failure to acknowledge the Addenda issues may result in
your proposal being deemed non-responsive. a
In the space included below, please acknowledge receipt of each Addenda:
Addendum(s) # 1, 2,and 3 is/are hereby acknowledged. •
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• SECTION B. PROPOSED ATM CONCESSION
•
• Proposer shalt provide a comprehensive narrative describing, in detail,the proposed ATM
• Concession operation clearly setting forth Proposer's qualifications in terms of experience,
quality of performance, organization and similar factors in operating automated teller
machines to include the following:
•
• 1. Description of the management structure to be used in the operation of the
concession.
• Answer:
•
• UMC Key Personnel Qualifications LMC Fx erience
• David S.Bonsal,CEO Owner of UMC.Responsible for long-range 20 years
• planning and strategy for TJMC and decision-
making in all facets of ATM business including
finance,sales,and lar a account negotiation.
•
Pamela A. Glenn, Risen through the ranks from Card Services. 26 years
• President/COO Responsible for UMC operations including
• management of personnel, strategy implementation,
account negotiation, and reports to CEO.
• Responsible for large house accounts like Kmart
• and Ili h's.
Joe Phillips, Senior Vice- Responsible for ATM Mainframe, ATM 21 years
• President,Communications telecommunications models, new product
• development, and ATM hardware testing &
coin atibility-
• Erin Winkler, Vice- Responsible for procurement, UMC database, vault 6 years
• President,Finance cash management and order department, and new
• product develo meat.
•
2. Schedule of services and distinctive features to be offered byPraposerateachATM,
. compare to latest trends in off premise ATM locations.
• Answer: UMC will post on the ATMs a list of ATM Transaction Fees transaction surcharge
warning that the cardholder's F1 may charge an additional fee,or any other fees charged. All
. UMC ATMs will have a receipt option and a swi a card. UMC's 800-234-6860 Customer
Service number will be posted and available to all customers 240065 with instructions for the
• Airport customers and em to ees. UMC ATMs will have access to the below networks and
• ATM services: _-
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UMC ATM Scope UMC Alliance UMC ATM Future •
of Services Network for Financial 'Trends
Institutions I •
• Withdrawals Surcharge-free . Nexxo Money •
• Balance transactions to FI Transfer •
Inquiries members . TIO Bill Pay
• Fluad Transfers Local,regional, Check •
super-regional, Imaging •
national,& Gift Cards
international, •
• CurrLnl FIs •
included
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3. Location, availability, and name of repair service and machine maintenance group. •
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Answer: •
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ATM Service Company Availability&Maintenance Grou •
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Universal Money Centers 24 x 7 x 365 ATM hardware Support •
Field Engineer Services 4-IIour Response to Second Line Maintenance(Hardware
110 Mission Drive Issues) •
Camarillo, CA 93010
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Pendum ATM Services 24 x 7 x 365 ATM Service Support .
505 E.Rincon 4-Dour Response to First Unc Maintenance(Bill&Card Jarn
Suite 100 Issues) •
Corona,CA 92579 •
4. Maintenance response time. •
Answer: UDIC's emergency response procedures begin immediately at our Network •
Operating Center that runs twenty-four hours per day and three hundred and sixty-five •
days a year(24 x 7 x 365). Customer Service and Computer Operations are merged
together in order to communicate better. UMC's Tandem mainframe and ATM •
Manager Pro, UMC's database software nroeram,work in tandem pueryin2 and •
identifying low casb and maintenance issues on a real-time basis and report any .
anomaly to the UMC staff. This allows our Customer Service and Computer
Operations people to see if the Airport ATMs are low on cash,has any maintenance •
issues, and/or is experiencing complete downtime due to theft or vandalism. in •
addition, the Airport ATMs would be"earmarked"by both UMC and Pendum •
Armored and in their northwest U.S. and Sacramento offices on the Airport ATM sites
and their Service Level Contract on a special Addendum as four--(4)bour response •
sites. Manv of our high level accounts and the majority of the References that I7MC has •
provided are included in this type of Contract. Furthermore,the Airport ATMs would
be designated as a "Red-Level"account internallv at UMC. Iced-Level accounts receive
priority above all other accounts. •
If an issue is discovered the UMC team immediately diagnoses the issue via our .
diagnostics software at the NOC. UMC loads this remote diagnostic software on all of •
our ATMs and via the ATM telecommunications at the Airport ATMs the diainostic
process is on a real-time basis. All Customer Service and Computer Operations •
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• personnel-are empowered internally to send an agent of either Pendum Armored or
• UMC to-fix the issue immediately.- UMC and Pendum have local offices in the Los
Angeles market.
• Pendum will perform all regnlar cleaning duties in addition to delivering vault cash and
• reloading ATM receipt a er. All ATMs in the terminals will be cleaned and
• -maintained-on-a weekly or bi-weekly basis. Anv issue will be resolved within a four-(4)
• hour timeframe for the Airport ATMs.
UMC has ATMs in their warehouse in Kansas Citv that is centrally located for quick
delivery as needed. UMC has a parts depot for the Airport ATMs and will overnigbt
any needed parts necessary to fix the Air ort ATMs in a timely fashion.
•
5. Name of ATM network affiliations (regional, national, and international).
Answer:
• UMC ATM Card
Network Affiliations
•
• Plus, Star,Cirrus,
. American Fxpress, -
Honor,
• Discover,Pulse,
Interlink,
• NYCF,Tyme, Cash
• Station,MAC,
Excltange
• State FBT networks
. iTMC Fl Alliances
• Interim
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6. Number of cards and card holders which can access each network.
• Answer: Due to its inherent owning of its own switch UMC connects via an ATM
network zatewwy has direct connections to the all ma"or ATM cona anies. This
• enables UMC to connect to an unlimited number of cards and card holders.
7. A card holder base(by participating institutions)and number of cards having access
• to this ATM. -
Answer: UMC has the unique ability to otter surcharge—free transactions to Financial
• Financial Institutions(FIs) and to sign-up with surcharge—free transactions networks
• like Mone Pass that is owned by U.S.Bank. Currently UMC has ten— 10 +FIs that
constitute over 400.000 members and a like number of cards.
If UMC is awarded the Airport pro2rain UMC will consider the MonevPass program
that includes over 24 million cardholders and over 750 participating FIs and growing.
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S. Maximum amount of cash, travelers' cheques, and other services card holders can
obtain in any twenty-four(24) hour period. •
Answer: U MIC will allow unlimited amounts of cash and other services for card i
holders. Generally,Financial Institutions(FIs) have a daily limit for their cardholders •
and those same limits would apply at the ITMC ATMs.
9. Maximum amount of cash and travelers' cheques each ATM cart provide each
twenty-four (24) hour period. •
Answer: All UMC ATMs will dispense U.S. currency in $20.00 denominations. All
UMC ATMs will dispense between S 120,000.00 and$240,000.00 depending upon the
amount of cash cassettes,between 2—4,in the ATM. The UMC ATM can dispense a •
total of Six Thousand (6,000)1 bills to a total of Twelve Thousand(12,000) bills from the i
UMC ATM that equals One Hundred Thousand U.S. dollars (S 120,000.00) to Two
IIundred Thousand U.S. dollars( 240,000.00) in any twenty-four(24)hour period. i
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10. A detailed description of all fees/charges applied to users of the ATM,which shall be •
fixed for the first year of operation. •
Answer: UNIC agrees to a$2.25 fixed fee for all surchargeable withdrawal transactions •
for the first year of operation of the contract. Please sec below for the detailed •
description for users of the UMC ATMs:
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UMC ATM Scope of UMC Fees •
Services
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Withdrawals S 2-25 i
Balance Inquiries(BI) S 0-00 i
• Fund Transfcrs(FT) S 0.00
• UMC Alliance FI S 0.00 .
Withdrawals, BIs,FTs •
• Other Services like TBD
Gift Cards,Bill Fay,
Money Transfer,etc. •
11. A statement of commitment containing proposers approach to chargelfee escalation
over the 3-year term of the Agreement, and specify the anticipated percent of .
increase for each of the three years with 2 one year renewal options. •
Answer: U 1RC commits to the first year of the contract to a S 2.25 fixed fee per each •
surchargeable withdrawal transaction and understands the Airport Authority wanting i
to limit that fee. UMC commits to years 2—5 not to increase the surcharge past S 2.50.
12_ Historical percentages of uptime, equipment failure, and card jams for the ATM
machines to be used. i
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Answer: UMC has provided the below report for equipment failure that includes card-
, "ams for 2008. IIowevver ITMC will provide brand-new Hyosun2 5050CE ATMs that
nullify the below equipment failure as UMC provides refurbished ATMs at some of
their sites. UMC has a 99.9%ATM network uptime and see below for the 2008
Tandem Himalaya Mainframe that runs the UMC ATM switch report as well.
Month %Downtime
Jan-08 6.8
• Feb-08 9.1
Mar-08 5.8
A r-08 3.5
• Ma -08 5.3
. Jun-08 4.2
Jul-08 6.3
Au -08 2.6
S Se -08 2.7
. Oct-08 2.4
Nov-08 4
Dec-0
Tandem Efficiency Rating
As Of May 2008
Every three months, a utility program called Measure is run to calculate how efficiently the
Tandem is running. The program analyzes five of the critical components for continued
mainframe operations- These components are as follows:
1. CPU Subsystem
2. Memory Subsystem
3- Disk Cache Subsystem
• 4. Disk Volume Subsystem
5. System Recovery Performance
Each component is weighed on a number of different options to determine its overall
efficiency. They are as follows:
1. CPU Subsystem—utilization, load balancing and performance
2. Memory Subsystem—utilization, swaps
3. Disk Cache Subsystem—disk cache performance over all volumes
4. Disk Volume Subsystem —device performance and queue time
. 5. System Recovery Performance—ability of the system to provide acceptable
performance if a CPU fails.
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After the analysis period is complete, Measure assigns a percentage to identify how strongly
or poorly that component is running. It then merges the five component percentages into an
overall system performance score to indicate how the Tandem is currently running.
• 13
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May 2008 Measure Report Summary:
1. CPU Subsystem 1 100% •
2. Memory Subsystem 100% •
3. Disk Cache Subsystem 95% ,
4. Disk Volume Subsystem 76% .
5. System Recovery Performance 94%
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Average Efficiency hating: .93% •
There are 8,760 hours in one year., Out of that total amount of hours, UMC'c, Tandem was
down hard for only 3.5 hours tbat entire year. That computes into a percentage of about •
99.9% uptimc for the last year. •
13, Average transactions per month per machine at other airports (if applicable).
Answer: Please see the attached Airport average transactions table:
•
UMC Airport ATM Location Average 2008 Monthly •
Transactions •
Sacramento Terminal A Lower Level 830
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Sacramento Terminal A Upper Level 2511 •
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Sacramento Terminal Bl Upper Level 402 +
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Sacramento Rental Car Building 196 •
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Sacramento Executive Airport 41 •
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Gainesville Airport 307 •
Panama City Airport 748
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14. Special design features which may make the ATM's conducive for use by the •
physically handicapped and the blind.
Answer: UMC will provide the following special design features of the Ii_yosang
50.50CE ATMs for the phvsically handicapped and the blind:
• ADA—compliant ATMs that allow wheel-chair bound customers to reach the •
designated height from their wheelchairs •
• Braille-enabled keypad to ensure blind can use the ATM
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• • Voice-enabled ATMs that enable blind and uhvsically-chaUenccd customers to
. use the ATM
15. Timetable for commencement of concession operation from the date of Notice to
• proceed listing significant milestones (e.g_, regulatory approval, electrical and
. telephone communications installation, ATM delivery).
• Answer:
Time., Project Management
ATM Task List Frame . Methodology, Im IententaHon Strategy
Airport ATM Project Pre-assigned Rcid Graham will handle all Alicia Barden, UMC Project Manager,
• after RFP inquiries from the Airpon regarding assigned possible new account. VP Finance,
• mailing the RFP. RFP Response copy Sr. VP Communications, Director of
• automatically requires UMC internal Operations, & Manager of Field Engineers
processes designating fixed costs, sent UMC Sharepoint Project lists with task
hardware, & personnel for new lists&updated on UMC Intranet. .
business.
. Notice to Proceed via - 1 day Allowing for the designated days for Pamela Glenn, COO, has signed Contract
Airport the Airport review and selection that includes site. Alicia Borders, Project
• process, Project approval in place Mgr, informs all responsible UMC personnel
due to Contract signed by UMC via telephone, email & UMC Sharepoint
prior to receiving Aiport's signing. Intranet. Tim Quinn, Field Engineer
Site finalized via signed Contract. Manager, informed to prepare designated
• Meetings & conference calls set-up ATM. Computer Operations adds ATM to
via Sharepoint Intranet & email. UMC ATM Manager Pro database software.
• Database software, ATM Manager Erin Winkler, UMC VP, orders cash via
• Pro,updated with new Airport ATM Vault Cash Department for the Airport
site for downtime reporting, cash ATMs.
. delivery schedule, telecom
information,hardware identification,
• event scheduling, and other ATM
processes.
• Order Telecom Lines 2 days Wireless ATM conununications UMC Sr. VP Communications, Joe Phillips,
(If Required) shipped with the ATM and do not has ATM telecom line ordered, updated, &
require any lead time IIowever, if troubleshot through his department. UMC
. wireless not available, ATM Project Manager, Alicia Borders, handles
. telecom provider's, AT&T, progress communications between UMC and the
tracked & updated through UMC Airport.
• Sharepoint Intranet process. Internal
. & external Project communications
needs handled by UMC.
Telecom Lines 7-14 days ATM telecom provider's progress Joe Phillips receives emails from ATM
Installed tracked & updated through UMC telecom provider of successful installation(s).
(If Required) Sharepoint Intranet process. Internal Tim Quinn, UMC Field Engineer Manager,
& external Project communications assigns UMC Field Engineer to travel to the
needs handled by UMC. Successful Airport to test UMC modem and telecom line
iinstallation&testing required. for signal back to telecom Central Office &
• LTMC Network Operating Center.
ATM Installation 7 days ATM installation process and UMC Field Engineer handles delivery
• progress tracked & updated through logistics of ATM as needed. UMC Field
• UMC Sharepoint Intranet process & Engineer installs &tests ATM back to UMC
through email to Airport, Network O eraiinq Center. All installation
• 15
•
•
Successful installation & testing work to be performed by UMC personnel
required. MC will pay per Agreement. C FielF U UM
Engineer will inform Alicia Borders w•
telephone, email, &digital pictures to ensuAk
that the Airport satisfied with finishc#
installation. •
Cash Delivery 1 day Crash delivery process via Pendum After UMC Field Engineer informs Alic•
Armored Delivery and progress Borders of successful installation, Alic
tracked and updated through UMC. contacts Pendum Armored Delivez far ca
Sharepoint Intranet process, via delivery immediately. Request logged
email &telephone, &tluough UMC follow-up to ensure successful cash deliver
ATM Manager Pro database next day via Vault Cash Departtnent. AM
software. UMC and Airport personnel informed
successful ATM installations.
ATMs Installed & I day Successful 'ATM installations & MC Computer Operations track the Airpo
Dispensing Cash di U
spensing cash update to all UMC ATMs on a 24 x 7 x 365 day basis tl•
Airport personnel. UMC able to enables UMC personnel to attend to aate�,,
track on a real — time basis the issues within a 4 — hour designated tidal
Airport ATM via ATM Manager fraine for the Airport ATM. Pendum AT
Pro database software & adjust for Services will handle any hardware issues
any issue that arise. die Airport AIM. ATM Manager Pro wor
together with the Tandem Main Frar•
Computer & Solomon Accounting Softwar
to ensure prompt payment and reporti*
schedules to the Airport.
!
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S SECTION C. ADDITIONAL DATA
• C. Additional Data.
• Each Proposershall furnish any additional data, exhibits,statements,drawings and photos
which Proposer deems essential to assure total understanding and evaluation of its proposal
` by the City.
• Answer: UMC will provide new Hyosunt 5000CE ATMs and the related
. specifications are included below as well as,apicture of the ATM below:
• Hyosung 5000CE Stand-Alone ATM Design,Finish,&Dimensions
• Specifications
• • Dual Cassette with UL291 Heavy Sate 9 70"Height xl7"Width x
• a Wireless ATM telecommunications 34"Depth
i • 3DES Compliant • 250 lbs.
• ADA Compliant with Braille pads • Light Brown Color with
• • Large 14.1"Color LCD Display dark brown accents
• Rugged Composite Material that resists Steel Composite Chassis
wear&vandalism
• • Lit ATM topper w/out advertising
• • Identification of American State Bank-
UMC's sponsor Fl and LTMC
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• # # i • 1 • • ii • • ii � • • ii • i # # • • • • • iiliiwi # # • i • # • •
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r
g�
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SECTION D. PRICING
EXUMIT "C"
•
LICENSEE'S PROPOSAL
•
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ATM Pricing Proposal
Site
• Name
• _ Year 1 Year 2 Year 3 Year 4 Years
• MT All SWD 1,25 All SWID 130 All SIND 1.35 All SWD 1.35 All SWD 135
• 13C T.V All SWD 1,25 All9WD 1.30 All SWD 135 All SV✓D 135 All SWD 135
•
. NC If ATM does=299 ICATM duex:199 if Arm does>199 If ATM does.199 If ATM does n 199
SWD All SWD SWD All SWD SWI)AIISWD SWD All SWD SWD All SWD
1.25,olhu me S 0.00 1.30,otlaerwisa;6 Q.00 735,othc se$0.00 135,olh�vlse S U.OU 1.35,olhQwRC$U.UU
•
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. SWA Sorehargeable Withdrawal
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CITY OF PALM SPRINGS
NOTICE INVITING PROPOSALS
for
Providing ATM Services for the Palm Springs International Airport
(RFP 09-09)
NOTICE IS HEREBY GIVEN that Request for Proposals(RFP) 09-09,for providing ATM Services
for the Palm Springs International Airport will be received at the office of the Procurement Manager,
3200 East Tahquitz Canyon Way, Palm Springs, California, until 2:00 P.M. Local Time, Friday
December 5th, 2008.
DESCRIPTION OF WORK: The purpose of this correspondence and enclosed materials is to invite
you to submit a proposal to the City of Palm Springs for the effort described in the enclosed Scope
of Work for providing automated teller machine (ATM) services at the Palm Springs International
Airport in accordance with the enclosed Request for Proposal.
A non-mandatory pre-proposal conference and walk-through will be held to discuss this project and
acquaint prospective offerors with existing site conditions. This conference and walk-through will be
held on Tuesday November 26'h, 2008 at 10:OOAM.And will be held in the Conference Room of
the Palm Springs International Airport, 3400 East Tahquitz Canyon Way, Palm Springs, CA 92262.
OBTAINING RFP DOCUMENTS AND REGISTRATION AS A PROPOSER:
The RFP documents may be downloaded via the internet at www.palmsprinos-ca.gov (go to
Government, Departments, Procurement, Open Bids & Proposals). If you are interested in
submitting a proposal, it is IMPERATIVE that you contact Cheryl Martin, Procurement Administrative
Coordinator, via email at Cheryl-Martin palmsprings-ca.gov or by phone at (760) 322-8373 to
officially register as a Proposer for this specific project with your company name, address,
phone, fax, contact person and email address. Failure to officially register may result in not
receiving addenda to the RFP. Failure to acknowledge addenda to the RFP may render your
proposal as non-responsive-
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been
developed in the Request for Proposal(RFP)format. Accordingly, Proposers should take note that
multiple factors will be considered by the City in selecting the most qualified firm and awarding of the
Contract.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal
shall be valid for a period of 90 calendar days from the due date of proposals. The receiving time in
the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and
telephonic proposals will not be accepted. Late proposals will be returned unopened.
4
hA 41an
Procurement Specialist II
November 19, 2008
Page 1
CITY OF PALM SPRINGS
RFP 09-09
FOR
PROVIDING ATM SERVICES FOR THE
PALM SPRINGS INTERNATIONAL AIRPORT
PART I: BACKGROUND, SCOPE OF WORK AND GENERAL CONDITIONS
1. BACKGROUND: The Palm Springs International Airport (hereinafter referred to as "City'),
hereby requests proposals from all interested and qualified proponents (hereinafter referred to
as"Proposer")desiring to install, operate and maintain free-standing automated teller machines
(hereinafter referred to as "ATM" or"ATM's" as defined herein) at pre-designated location(s)
(hereinafter called the "Premises" at the Airport).
There are currently two ATM's in use at the Airport. The locations of these ATM's are identified
as Locations SC and MT on Exhibit"B"to Attachment"D" (Sample License Agreement). The
number of monthly ATM transactions for a recent 2 year period is provided on Attachment"B".
The City has recently completed a new concourse that will need to have a third (3'd) ATM
location added and is noted on Exhibit "B" as NC (New Concourse).
The number of passengers utilizing the airport varies based on the time of year. Passenger
statistics are provided on Attachment"C Enplanements are passengers boarding planes,
while total passengers include boarding and disembarking passengers.
2. SCOPE OF WORK: The Proposer to whom award is made shall provide all equipment,
materials,supplies, labor, and service necessary to provide ATM services to patrons of the Palm
Springs International Airport, as follows:
A. The Proposer shall be required to provide, install, operate, and maintain, at its own
expense, its concession.
B. An ATM is defined for purposes herein as an electro-mechanical device, owned,
operated, and maintained by the Proposer, and used by its customers (cardholders
having accounts with the Proposer or cardholders having accounts with other
financial institutions which entitles them access) for the purpose of executing
banking-related transactions solely between the Proposer and its customers on an
automated basis.
C. ATM's utilized by the Proposer during the term of the Agreement must be new and
shall present a "first-class" appearance, technologically state of the art upon
Introduction into service, and compatible with any space limitations of the Premises.
Proposer is encouraged to propose utilization of equipment incorporating advanced
design/customer service options (such as 24-hour customer service telephone,
audible instructions, multi-lingual display, recessed keyboard, protruding writing
ledge, camera providing photographic record of each' transaction or constant
monitoring, dial back-up, privacy screen, light compensating screen and touch-
screen display).
D. ATM minimum feature requirements may change depending upon location.
Generally, all ATM's must, at a minimum be: 1) affiliated either with one or more
national ATM banking networks(such as CIRRUS, Plus,or Star),and/or one or more
regional ATM banking networks) and display all such affiliations on the exterior of the
ATM; 2) equipped with internal diagnostic equipment to electronically signal
Page 2
Proposer of malfunctions that have or may cause the ATM to become inoperative
(such as cardjam,equipment failure, cash dispensing problems,possible vandalism,
electrical overloads, communication breakdown, or an out-of-stock condition; 3)
equipped with a placard providing telephone numbers of Proposer's 24 hour
customer service department for use by card holders experiencing difficulty: 4)
available for use and operational on a 24-hour per day basis throughout the term of
the Agreement; 5) equipped with a paper waste receptacle; and 6) designed to
minimize glare and allow the user a feeling of privacy.
Contract Period
This contract shall be in effect for a three (3) year period from the date of award. The City
reserves the right to extend this contract for two additional 1-year periods, subject to
acceptable performance by the Proposer.At the end of any contract term,the City reserves
the right to extend this contract for a period of up to sixty (60) days for the purpose of
getting a new contract in place.
Minimum Requirements
In order to be considered responsive to this RFP, the Proposer must be an established
entity authorized to operate ATM's in the State'of California.
Premises
The City has pre-designated ATM locations to be utilized by Proposer which are shown on
Exhibit"B"on the Sample License Agreement included herein as Attachment"D". Proposer
is encouraged to make offers on additional locations that may be approved by the City.
Other locations may be granted during the term of the Agreement at the option of the City.
The premises designated herein will be leased "as is"without representation, warranty, or
guarantee as to character or condition.
Term/Rights/Ownership of Improvements
A. Proposerwill be granted an Agreement for a term of three(3)years forthe operation
of an ATM Concession.
B. The Agreement will grant to Proposer the nonexclusive right,privilege and obligation
to install, operate and maintain (within the Airport) ATM's.
C. For the purpose of operating the Concession as described herein, and for no other
purpose, the City will allow the selected Proposer, its employees, subcontractors,
suppliers, service persons, licensees, guests, patrons, and invitees the right to use
the areas of the Airport specified herein, including the necessary rights of access
and ingress and egress from the Premises.
D. Title to the ATM equipment shall remain with the selected Proposer.
E. Proposer shall perform all alteration work necessary for the installation of its ATM's
at no cost to the City and subject to the indemnification clause at Section 5.2.
F. The City will pay all utility costs related to the services provided by Proposer under
the Agreement except telephone or any other telecommunications charges in
connection with operation of the ATM.
Page 3
Charges and Fees
A. Concession Fees. In consideration for the concession rights to be granted to the
selected Proposer by the City,the selected Proposer shall pay to the City a monthly
stipend based on a fee per transaction as competitively offered or proposed by
Proposer. Proposer shall furnish to the City on or before the Twentieth (20th) day
following each complete month of the calendar term a statement (monthly report),
certified by the Proposer, and prepared in a manner satisfactory to the City, of the
number of transactions derived from the operation of its Concession during the
previous month of the Agreement term. With that statement, Proposer shall pay any
amounts due, computed on the monthly transaction fee for the previous calendar
month. The term "transaction" as used herein for the payment of concession fees
shall mean, but shall not be limited to, the complete processing of a deposit,
withdrawal, or balance inquiry caused by an authorized card holder. No deductions
or exclusions from the calculation of the number of transactions shall be allowed.
B, Fees Due. Concession fees shall commence upon the first day of the term of the
Agreement. If Proposer is not fully operational after thirty(30)days thereafter, or has
not received any required banking regulatory agency approval, by such date it shall
be considered in default.
3. DEADLINE FOR SUBMISSION OF PROPOSALS:
An original and five (5) copies of the complete proposal shall be delivered to the Office of the
Procurement and Contracting Manager 3200 East Tahquitz Canyon Way, Palm Springs, California
92262, (760) 322.8373.
The submittal should not exceed 25 pages (sheets of paper), double sided (8%" by 11"), including
cover letter, organization chart, staff resumes and appendices. Dividers, Attachment "A" and
Addenda acknowledgments do NOT count toward the 25 page limit.
Request for Proposals posted and Notice issued .....................Wednesday, November 19t, 2008
Non-Mandatory Walk-through of Facilities..................................Tuesday, November25th,2008
Deadline for receipt of Questions...........................................Wednesday, November 26th, 2008
Deadline for receipt of Proposals......................................................Friday, December 5'', 2008
Contract awarded by City Council.......................... 'tentatively Wednesday, December 17th, 2008
"Note:contract becomes effective January 4f6 2009
4. PROPOSAL EVALUATION CRITERIA:
This solicitation has been developed in the"Request for Proposal"format. Accordingly, Proposers
should take note that the City will consider multiple factors in awarding this Contract. PRICE WILL
NOT BE THE SOLE DETERMINING CRITERION,
A Proposal Evaluation Committee, using the following evaluation criteria,will evaluate all responsive
proposals. Proposers are requested to write their proposals so that responses correspond to and
are identified with the following specific evaluation criteria and have a weighted score of 20 points
each:
A. Proposed transaction fee to City.
B. Proposed customer transaction fee.
C. Completeness of proposal.
D. Background and experience of Proposer.
E. Sufficiency of proposed equipment.
Page 4
5. PROPOSAL CONTENTS:
In order to assure the uniformity of submissions, each response to this RFP must, at a minimum,
provide the following information.-
A. Identification of Proponent.
1. Complete identification of Proposer to include the full legal name of the organization,
address, telephone number(s), legal nature of the organization (individual,
partnership,joint venture, corporation) and name(s) of key individual(s)who will be
responsible for the concession operation.
2. An out-of-state corporation shall be required to qualify to do business in the State of
California prior to execution of an Agreement.
3. State total number of ATM locations and machines currently operated by Proposer.
4. Contract parties, contract numbers, and dates of five (5) of Proposer's contracts for
operation of ATM's. List any such agreements which have been terminated, either
voluntarily or involuntarily, prior to the expiration of their terms,within the pastfive(5)
years.
5. Completed Signature Authorization and Addenda Acknowledgment(see Attachment
"A").
B. Proposed ATM Concession.
Proposer shall provide a comprehensive narrative describing, in detail, the proposed ATM
Concession operation clearly setting forth Proposer's qualifications in terms of experience,
quality of performance, organization and similar factors in operating automated teller
machines to include the following-
1. Description of the management structure to be used in the operation of the
concession.
2. Schedule of services and distinctive features to be offered by Proposer at each ATM.
compare to latest trends in off-premise ATM locations.
3. Location, availability, and name of repair service and machine maintenance group.
4, Maintenance response time.
5. Name of ATM network affiliations (regional, national, and international).
6. Number of cards and card holders which can access each network.
7. A card holder base(by participating institutions)and number of cards having access
to this ATM.
8. Maximum amount of cash, travelers' cheques, and other services card holders can
obtain in any twenty-four(24) hour period.
9. Maximum amount of cash and travelers' cheques each ATM can provide each
twenty-four (24) hour period.
Page 5
10, A detailed description of all fees/charges applied to users of the ATM,which shall be
fixed for the first year of operation.
11. A statement of commitment containing proposer's approach to charge/fee escalation
over the 3-year term of the Agreement, and specify the anticipated percent of
increase for each of the three years with 2 one year renewal options.
12. Historical percentages of uptime, equipment failure, and card-jams for the ATM
machines to be used.
13. Average transactions per month per machine at other airports (if applicable).
14. Special design features which may make the ATM's conducive for use by the
physically handicapped and the blind.
15. Timetable for commencement of concession operation from the date of Notice to
proceed listing significant milestones (e.g., regulatory approval, electrical and
telephone communications installation, ATM delivery).
C. Additional Data.
Each Proposer shall furnish any additional data, exhibits, statements, drawings and photos
which Proposer deems essential to assure total understanding and evaluation of its proposal
by the City.
6. QUESTIONS:
Proposers, their representatives, agents or anyone else acting on their behalf, are specifically
directed NOT to contact any city employee, commission member, committee member, council
member, or other agency employee or associate for any purpose related to this entire RFP process
other than as directed below. Contact with anyone other than as directed below maybe cause for
rejection of a proposal.
ANY questions,technical or otherwise, pertaining to this Request for Proposal must be submitted
IN WRITING and directed ONLY to:
Leigh Ann Gileno
Procurement Specialist II
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Via FAX 9760) 323-8238
Or via EMAIL: LeighAnn.Gilenogpalmsorings-ca.gov
Interpretations or clarifications considered necessary in response to such questions will be resolved
by the issuance of formal Addenda to the RFP. The deadline for all questions is 2:00 P,M.,Local
Time,WEDNESDAY, NOVEMBER 26,2008. Questions received after this date and time may not
be answered. Only questions that have been resolved by formal written Addenda via the Division of
Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be
without legal or contractual effect.
7. FAA REQUIRED PROVISIONS:
Included in the Sample License Agreement (Attachment "D") are non-discrimination provisions
required by the U.S. Department of Transportation. The successful proposer will be required to
abide by these provisions (Attachment "Y, Section 10,0).
Page 6
The requirements of 49 CFR Part 23, regulations of the U.S. Department of Transportation,applies
to this concession. It is the policy of the Palm Springs International Airport to practice
nondiscrimination based on race, color, sex, or national origin in the award or performance of this
contract_ All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award
of this concession will be conditioned upon satisfying the requirements of this proposal/bid
specification. These requirements apply to all concession firms and suppliers, including those who
qualify as an Airport Concession Disadvantaged Business Enterprise (ACDBE). An ACDBE
concession specific goal of zero percent of annual gross receipts has been established for this
concession. The concession firm shall make good faith efforts, as defined in Appendix A, 49 CFR
Part 26, to meet the concession specific goal for ACDBE participation in the performance of this
concession.
The concession firm will be required to submit the following information: (1) the names and
addresses of ACDBE firms and suppliers that will participate in the concession, (2) a description of
the work that each ACDBE will perform; (3) the dollar amount of the participation of each ACDBE
firm participating; (4) written and signed documentation of commitment to use an ACDBE whose
participation it submits to meet a contract goal; (5)written and signed confirmation from the ACDBE
that it is participating in the concession as provided in the prime concessionaire's commitment, and
(6) if the contract goal is not met, evidence of good faith efforts.
S. BUSINESS LICENSE.
The Successful Proposerwill be required to be licensed in accordance with the City of Palm Springs
Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax
9. RIGHT TO ACCEPT OR REJECT OFFERS:
The City of Palm Springs reserves the right to reject any and all proposals in whole or in part, to
waive any and all informalities and to disregard all non-conforming, non-responsive or conditional
proposals.
10. AWARD OF PROPOSAL:
The City reserves the right to award the proposal as submitted or to accept or reject any or all
proposals received. The City also reserves the right to negotiate the scope of work, terms, and
conditions of any contract resulting from this solicitation. The recommended Licensee may be
required to participate in negotiations concerning the nature and extent of services to be provided.
The results of such negotiations shall be incorporated into the License Agreement between the City
and the Licensee. Final award, if any, will be made by the Palm Springs City Council.
11, PUBLIC RECORD:
Proposer's attention is drawn to the fact that all proposal documents submitted are subject to the
California Code Section 6250 at seq., commonly known as the Public Records Act. Information
contained in the proposals may be made public after the review process has been completed and a
recommendation for award has been agendized for consideration by the Palm Springs City Council,
and/or following award of contract, if any, by the City Council.
12, PRESENTATIONS:
The City reserves the right to require an oral interview with any proposer(s) participating in this
process. Attendance at any such interview will be at the Proposer's' expense.
Page 7
13. COSTS RELATED TO PROPOSAL PREPARATION:
The City of Palm Springs will NOT be responsible for any costs incurred by any Respondent in the
preparation or submittal of their respective proposal.
14. LICENSE AGREEMENT:
The Proposer to whom an award is made will be required to negotiate and execute a License
Agreement with the City. (See sample agreement attached hereto as Attachment"D",final form of
such agreement will be negotiated with successful Proposer).
Important Note: The successful Proposer will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with
the standard Professional License Agreement — Attachment V' hereto. The exhibits will be
negotiated with the selected firm and will appear in the final Professional Services Agreement
executed between the parties. Any exceptions to the language contained in the RFP or sample
agreement must be included in the Proposal submitted and clearly defined_ Exceptions to the City's
standard boilerplate professional services agreement, including the insurance requirements,may be
considered in the evaluation process.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall bejust cause for an annulment of the award. If
the highest ranked Proposer refuses or fails to execute the Agreement, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked Proposer,
and so on.
15. PROPOSAL INFORMALITIES OR DEFECTS:
The City of Palm Springs reserves the right to waive any informality ortechnical defect in a Proposal
and to accept or reject, in whole or in part, any or all Proposals and to advertise for new Proposals,
as best serves the interests of the City.
16. INVESTIGATIONS:
The City reserves the right to make such investigations as it deems necessary to determine the
ability of the Proposer to perform the Work and the Proposer shall furnish to the City all such
information and data for this purpose as the City may request. The City reserves the right to reject
any Proposal if the evidence submitted by or investigation of such Proposer fails to satisfy the City
that such Proposer is properly qualified to carry out the obligations of the Contract and to complete
the Work contemplated therein_
17. SIGNED PROPOSAL AND EXCEPTIONS:
Submission of a signed Proposal will be interpreted to mean that Proposer has hereby agreed to all
the terms and conditions set forth in all of the sheets which make up this Request for Proposals,and
any attached sample agreement. Exceptions to any of the language in either the RFP documents or
attached sample agreement must be submitted with the proposal and clearly defined. Exceptions to
the City's RFP document or standard boilerplate language,terms or conditions may be considered
in the evaluation process,
Page 8
ATTACHMENT"A"
RFP 09-09
ATM Services for the Palm Springs
International Airport
"NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL
SIGNATURE AUTHORIZATION
NAME OF PROPOSERIFIRM:
A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for
the above listed individual or company. I certify that I have the authority to bind myself/this
company in a contract should I be successful in my proposal.
SIGNATURE
PRINT NAME
B. The following information relates to the legal contractor listed above, whether an individual
or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
An individual;
A partnership, Partners' names:
A company;
A corporation
2. My tax identification number is.-
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City forthis RFP is required by including
the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in
your proposal being deemed non-responsive-
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # is/are hereby acknowledged.
Page 9
ATTACHMENT "B"
ATM TRANSACTIONS FOR EXISTINGS ATM'S LOCATED
AT PALM SPRINGS INTERNATIONAL AIRPORT
Period 07/01/2006 through 09/30/2008
Month 2006 2007 2008
January 2190 1942
February 2137 2029
March 2462 2193
April 2373 1871
May 1871 1395
June 1348 1044
July 1261 1131 1151
August 1199 1211 1028
September 1459 1323 1013
October 1495 1360
November 2017 1641
December 1 19271 1721
Page 10
ATTACHMENT "C"
PASSENGER STATISTICS
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
F31,m Springs Intemi5onal kupor
e,11Ndn1nconpan3rn
E!1?LAItEM1IEHY&
IeSP 2000 2101 2]E2 2003 2E04 2105 2Ga0 2007 20E1
in EE.573 TUO 71..W 571:11 HAad: HIM 71.1'0E Tt:5 i9 S5.^S6
R� MIT 6P.763 75.37 d:!55 71,274 50.E41 E3;,22 Sd$TS el??4 .. :,9429SV
ad3r 34.10E iCF17 d5,173 7UIE E2,464 55.0E-0 103717 OVE2 1:E,3-2 7 . 6'
1 7A.f25 E0.M 31ST1 7:,E37 7_EL? H7,3q- E_'.78E 01.9C7 : , '4' 0-77
YE' 45.E32 43.E59 5G,I07 40.G13 47^J_4 5%71: 631±25 EOA29 71 6'�1 i
JC1 0I.12E 31,672 31,6]2 27107 P$2F E3.Ta"7 17A34 22.31Z ;• -,21,'759 1"..•-3w
x MW 2E.1Y3 2l.1E1 Ulz? LiZ0 37.1E] 10M7 E5,SE5 r I26,120: $4srf
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7
Page 11
ATTACHMENT "D"
SAMPLE LICENSE AGREEMENT FOR
AUTOMATED TELLER MACHINE
(Palm Springs International Airport)
THIS LICENSE AGREEMENT ("License') is made and entered into, to be effective the_
day of , 2009, by and between the CITY OF PALM SPRINGS, a charter city and
California municipal corporation ("City"), and I a
("Licensee").City and Licensee may hereinafter be referred to individually as
a "Party" and collectively as "Parties."
RECITALS
A. City is the fee owner of that real property known as the Palm Springs International
Airport, located at 3400 East Tahquitz Canyon Way in the City of Palm Springs, California
("Property").
B. The Property consists of an international airport terminal and adjacent buildings.
C. City believes that travelers and visitors using the City's airport terminal and related
facilities would benefit from the convenience and accessibility of automated teller machines(ATM's")
located within the Property.
D. Licensee is a federally insured bank desiring to operate three (3)ATM's within the
Property.
E. Pursuant to a request for proposals, City has selected Licensee to install, maintain,
and operate ATM's, as described in the Scope of License (Exhibit 'A" to this License), within the
airport terminal of the Property.
NOW,THEREFORE, in consideration of the mutual covenants, promises and conditions set
forth herein, the Parties hereto incorporate the recitals set forth above and further agree as follows:
1.0 SERVICES OF LICENSEE
1.1 Grant of Access. City hereby grants to Licensee, its employees and agents, a
non-exclusive license and permission to enter upon and use a portion of the Property ("License
Area")for the limited purposes of operating ATM's.A site plan for the Property depicting the License
Areas, as well as the approximate location for the ATM's, is attached to this License as Exhibit"B".
The License granted herein shall be valid for the term set forth below only. Licensee expressly
acknowledges that this License is nonexclusive and nothing in this License shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section 3083 of the
Federal Aviation Act of 1958 (49 U.S.C. 1349a). Licensee further acknowledges that the City
operates a commercial and public airport on the Property, such that City's employees, agents,
tenants, and the general public, including the traveling public and users of commercial airline
services may also access the License Areas_ For the purpose of this License, the term "Licensee"
includes the heirs, representatives, successors in interest, and assigns of Licensee.
12 General Scope of Use. Pursuant to this License and for the term provided in
this License, Licensee may use the License Areas to install, maintain, and operate a general ATM
kiosk, as provided in the Scope of License. The final design of the ATM kiosk, the precise location
Page 12
of the ATM kiosk, and manner in which the ATM kiosk will be installed and maintained are subject to
the review and approval by the City's Director of Aviation prior to installation of the ATM kiosk.
Licensee may not use the ATM's to advertise for other businesses or events; however, Licensee
may have one sign on the ATM's identifying Licensee as the operator of the ATM's.The ATM's shall
not incorporate features to attract members of the public for purposes other than the use of the
ATM's.
1.3 Preparation of the License Areas.
1.3.1 Familiarity with Requirements. Licensee warrants that Licensee: (a) has
thoroughly investigated and considered the Scope of License and all work and requirements
specified in the Scope of License and otherwise expected of the Licensee; (b) has carefully
considered how the Scope of License and the work and requirements should be performed and
provided;and (c)fully understands the facilities, difficulties,and restrictions(including but not limited
to all requirements of the federal government) attending performance of the Scope of License and
the work and requirements under this License. Licensee has fully investigated the License Areas
and is fully acquainted with the conditions existing in the License Areas. Should the Licensee
discover any latent or unknown conditions which will materially affect the performance of the Scope
of License, Licensee shall immediately inform the City's Director of Aviation of such fact and shall
not proceed except at Licensee's risk until written instructions are received from the City's Director of
Aviation_
1.3.2 Installation. All costs of installation shall be borne by the Licensee and
Licensee shall reimburse the City for any costs the City incurs in preparing the License Areas for use
by the Licensee, including any arrangement or work performed to provide electrical power and
telephone service to the License Areas accessible to the ATM kiosk location. The ATM kiosk shall
not be installed or placed into operation until the City has been fully reimbursed its costs as provided
in this Subsection.
1.4 Regulations. Licensee shall ensure that the use of the License Areas by Licensee
and its agents, officers, and employees (collectively"Licensee's Parties") during the Term comply
with all federal, state, and local laws and ordinances.
1.5 Licenses, Permits, Fees. and Assessments. Licensee shall obtain, at its sole cost
and expense, such licenses, permits, and approvals as may be required by lawforthe performance
of the services required by this License. Licensee shall have the sole obligation to pay for any fees,
assessments, and taxes, plus applicable penalties and interest,which may be imposed by law and
arise from or are necessary for the Licensee's performance of the services required bythis License,
and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes,
penalties, or interest levied, assessed, or imposed against City hereunder.
1.5.1 Sales and Use Tax. Licensee shall be solely responsible for the payment of all
sales and use taxes relating to any taxable transactions in connection with the operation of the
ATM's.
1.5.2 Real Property Taxes. The parties expressly acknowledge that, as a result of this
License, the License Areas may become subject to real property taxes and that, in addition to the
License Fee, Licensee shall pay any and all annual real estate taxes and assessments levied upon
the License Areas (including any possessory interest taxes), as well as taxes of every kind and
nature levied and assessed in lieu of, in substitution for, or in addition to,existing real propertytaxes.
Such amount shall be paid on the date that is twenty(20)days prior to the delinquent date or, if City
receives the tax bill, ten (10) days after Licensee's receipt of a copy of the tax bill from City,
whichever is later.
Page 13
1.6 Licensee's Proposal. The Scope of License shall include the Licensee's proposal,
"Exhibit C"to this Agreement. In the event of any inconsistency between the terms of such proposal
and this License, the terms of this License shall govern. In the event of any inconsistency with the
terms of Exhibit"C" and Exhibit"A", the terms of Exhibit "A" shall govern.
1.7 Security,
1.7.1 General. The parties acknowledge that the security of the public,the License Areas,
and the ATM's is a priority. For this reason, Licensee shall implement safeguards to minimize
security breaches. The ATM's shall be appropriately affixed to the floor of the License Areas in the
manner provided in the Scope of License. An internal camera in the ATM's shall capture the
physical image of all ATM users, which may be used in the event of a dispute, theft, or fraud.
1.7.2 Armored Courier. At all times during the term of this License, Licensee shall maintain
an agreement with an armored and bonded courier to provide service to the ATM's for cash fills,
balancing, supply replenishment, and similar matters. Licensee shall schedule cash fills either
weekly or bi-weekly, depending upon the need for cash. Licensee shall be responsible for securing
such security clearances as the federal government may require for such courier to have access to
the License Areas.
1.7.3, Additional Security. Licensee shall be solely responsible for the cost of any
additional security deemed necessary in connection with the ATM's.
1.8 Maintenance. Licensee shall maintain the ATM's and all utilities providing services to
the ATM's in a first class condition, as needed or as may be directed by the City's Director of
Aviation, at Licensee's sole cost and expense.When utility maintenance is required, Licensee shall
so notify the City's Director of Aviation and City shall, in conjunction with any applicable utility
company, make the necessary repairs.Any costs incurred by City in connection with such repair of
utilities for the ATM's shall be reimbursed by Licensee. As further discussed in Subsection 5.2,
Licensee shall have the sole obligation to maintain the License Areas and adjacent property free
from waste, such as ATM's receipts, which may be generated in connection with the use of the
ATM's.
1.9 Free From Liens. Licensee shall keep the Property and the License Areas free
from any liens arising out of any work performed, material furnished, or obligation incurred by
Licensee or alleged to have been incurred by Licensee.
2.0 COMPENSATION
2.1 License Fee. In exchange for the non-exclusive use of the License Areas pursuant
to this License, Licensee shall pay the City,within the times and manner set forth herein,the greater
amount of ($) per month or ($) per transaction for each transaction
occurring at the ATM's installed on the Licensed Areas. This license fee shall be paid from a portion
of, not in addition to, any transaction convenience fee received by Licensee. However, should
Licensee elect to not charge a transaction fee to cardholders of Licensee's bank or any other
customer(s) of the ATM's, Licensee will nonetheless pay City the license fee for each transaction
conducted at the ATM's.
2.2 Method of Payment. Licensee shall be solely responsible for collecting all
compensation from ATM's customers or their respective financial institutions. By no later than the
twentieth (20th)day of each month of the Term, including the twenty-fifth(251h)of the month following
termination of this License, Licensee shall pay to City all fees due City under Subsection 2.1 for the
Page 14
immediately preceding month, which payment shall be accompanied by an itemized statement
showing the number of customer transactions completed from the ATM's.
2.3 Payment Reports. By no later than April 30th of each year of the Term of this
License,and including April 30th on the year following the termination of this License,Licensee shall
provide audited financial statements, certified by an authorized officer of Licensee, confirming the
number of transactions performed and fees generated from the ATM's under this License for the
previous agreement year. Should the audited statements show any underpayment by Licensee to
City, Licensee shall pay such difference to City within ten (10)days of City's demand therefore plus
three percent(3%) of such underpayment.Should the audited statements show any overpayment by
Licensee to City, City shall reimburse Licensee for the actual amount of such overpayment as a
credit to the following month's revenues due to City, provided such overpayment is confirmed by the
City's Department of Finance. If an overpayment is discovered after termination of this License, City
shall reimburse Licensee the amount of the overpayment within ten (10) business days of City's
receipt of the audited statements.
2.4 Maximum Transaction Fee. Licensee may charge a transaction fee not to exceed
Dollars ($) to process a cash withdrawal of funds at the ATM's. Such
convenience fee shall be payable from each cardholder's bank account. The transaction fee shall
not assess against or charged the City-
3-0 TERM
Unless earlier terminated in accordance with Subsections 8.5 or 8.6 of this License, this
License shall entitle Licensee to non-exclusive use of the License Areas for the limited purposes
described herein from through ("Term"). At the sole discretion of
the City, this agreement may be extended for two additional one (1) year option periods. At the
conclusion of this Term, unless this License has been extended by the parties by pursuant to a
written agreement Licensee must remove the ATM's and surrender the License Areas pursuant to
Subsection 5.1.
4.0 COORDINATION OF WORK
4.1 Representative of Licensee. The following principal of Licensee is hereby
designated as being the principal and representative of Licensee authorized to act on its behalf with
respect to the work specified herein and make all decisions in connection
therewith: . It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing principal was a substantial inducement for City
to enter into this License. Therefore, the foregoing principal shall be responsible, during the term of
this License, for directing all activities of Licensee with respect to the ATM's. For purposes of this
License, the foregoing principal may not be replaced nor may his responsibilities be substantially
reduced by Licensee without the express written approval of City.
4.2 City's Director of Aviation. The City's Director of Aviation, or the Director's
designee, shall be responsible for the management of this License on behalf of the City. It shall be
the Licensee's responsibility to ensure that the City's Director of Aviation is kept informed of all
matters relating to the ATM's and the Licensee shall refer any decisions which must be made by City
to the City's Director of Aviation. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City's Director of Aviation. The City's Director of Aviation
shall have authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this License.
4.3 License is Assignable. This License shall become effective immediately and is
Page 15
personal to the Licensee and may only be assigned with the express written consent of the City.
Any attempt to otherwise assign this license without the City's express written consent shall be void
and unenforceable and shall operate to immediately terminate this License Agreement.
4.4 Independent Contractor. Neitherthe City nor any of its employees shall have any
control over the manner, mode, or means by which Licensee, its agents or employees, perform the
services required herein, except as otherwise set forth in this License. City shall have no voice in the
selection, discharge, supervision, or control of Licensee's employees, servants, representatives or
agents, or in fixing their number, compensation, or hours of service. Licensee shall perform all
services required herein as an independent contractor of City and shall remain at all times as to City
a wholly independent contractorwith only such obligations as are consistent with that role. Licensee
shall not at any time or in any manner represent that it or any of its agents or employees are agents
or employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Licensee in its business or otherwise or a joint venturer or a member of any joint
enterprise with Licensee.
6.0 PROPERTY RELATED ISSUES
5.1 Waste, Damage, or Destruction: Surrender of Property. The Licensee shall not
allow any waste, damage, or destruction to occur in or to the Property or the License Areas.When
this License terminates, upon such termination, Licensee, as its sole cost and expense, shall repair
any waste, damage, or destruction and shall restore the License Areas to that condition existing
prior to Licensee's use of the License Areas Should Licensee fail to vacate the License Areas in a
clean and undamaged condition, City may arrange for the cleaning and/or repair of the License
Areas, the cost of which will be immediately reimbursed by Licensee, and Licensee will be
additionally penalized'ONE THOUSAND DOLLARS ($1,000) per day, or portion thereof, that the
License Areas is unavailable for its normal use or for the commencement of replacement services.
5.2 Waste Receptacle and Waste Removal. Licensee shall be required to have one
permanent waste receptacle on the License Areas at all times. This requirement may be satisfied
with a waste receptacle that is incorporated into the ATM's itself, or the waste receptacle may be a
separate free standing object. Licensee shall have the sole obligation to maintain the License Areas,
and adjacent property, free from all waste, including but not limited to ATM's receipts, which is
generated in connection with the use of the ATM's.This obligation shall require Licensee to ensure
that the waste receptacle is emptied on a regular basis at sufficient intervals to allow the waste
receptacle to retain capacity for the disposal of additional waste.
5.3 Customer Service Help Line. Should Licensee desire to install a customer service
help line at the ATM's, Licensee shall have the sole financial responsibility to operate, install, and
maintain a telephone line to establish the help line. If City's assistance is necessary for the
installation or maintenance of such line, City's costs shall be reimbursed by Licensee.
5.5 Modification of License Area. Any future modification of the License Areas which is
required by law shall be undertaken at Licensee's sole expense, subsequent to receipt of written
approval by the City,
6.0 INSURANCE AND INDEMNIFICATION
6.1 Insurance. Prior to its ability to access the License Areas, Licensee will provide
City with proof of insurance, at Licensee's sole cost and expense, to remain in full force and effect
during the entire term of this License. The following policies of insurance shall be maintained:
Page 16
6.1.1 Workers' Compensation Insurance. Workers' Compensation Insurance in an
amount required by the laws of California and Employer's Liability Insurance in an amount not less
that ONE MILLION DOLLARS ($1,000,000)combined single limit for all damages arising from each
accident or occupational disease.
6.1.2 Commercial General Liability,Commercial General Liability Insurance written on a
per-occurrence and not a claims-made or modified occurrence basis with a combined single limit of
at least ONE MILLION DOLLARS ($1,000,000) bodily injury and property damage including
coverages for contractual liability, personal injury, independent contractors, broad form property
damage, products and completed operations.The policy must include Standard ISO CG0001 0196
Contractual Liability coverage, or its equivalent,and a Separation of Insured's clause.There shall be
no exclusions for continuing or progressive losses not known by Licensee to exist prior to the policy
inception. The policy may not contain any SIR/deductible exceeding $25,000 and the policy must
permit satisfaction of the SIR/deductible by City or its related entities. Licensee agrees to maintain
this coverage for a minimum of ten (10) years following termination of this License.
6.1.3 Automobile Liability Insurance.A policy of comprehensive automobile liability insurance
written on a per-occurrence basis in an amount not less than ONE MILLION DOLLARS($1,000,000)
combined single limit covering all owned, non-owned, leased,and hired vehicles used in connection
with operations occurring on the Property.
6.1.4 Other Insurance. Such other policies of insurance including, but not limited to,
casualty insurance, business interruption insurance, property insurance, and fidelity insurance, as
may be required by the nature of operations.
6.1.5 General Provisions. All of the foregoing policies of insurance shall name City and
its affiliated entities, and their respective officers, directors, agents, and employees (collectively,
"City's Parties.") as an Additional Insured and shall be primary insurance and any insurance
maintained by City shall be excess and non-contributing. Each insurer of Licensee shall waive all
rights of contribution and subrogation against City's Parties and its respective insurers. Each of
such policies of insurance shall name City's Parties.All policies of insurance required to be obtained
by Licensee hereunder shall be issued by insurance companies authorized to do business in
California and must be rated no less than A-, VII or better in Best's Insurance Guide. Prior to
engaging in any operations hereunder, Licensee shall deliver to City certificate(s) of insurance with
the required endorsements evidencing the coverages specified above. Such policies shall not be
cancelled or materially altered to the detriment of City or Licensee without the insurer providing City
with thirty(30) days'advance written notice. City reserves the right, in its sole discretion, to require
higher limits of liability coverage if, in City's opinion, operations by or on behalf of Licensee create
higher than normal hazards and risks, and,to require Licensee to name additional parties in interest
to be Additional Insureds. Nothing in this Section shall reduce Licensee's obligations as set forth in
the Indemnity provisions of this License.
6.1.6 Waiver of Subrogation. Licensee hereby waives all rights of recovery by
subrogation. This waiver includes but is not limited to deductible or self-insured retention clauses,
inadequacy of limits of any insurance policy, limitations or exclusions of coverage, against City,and
its elected officials, officers, directors, agents, and employees, in connection with any matters that
are the subject of the License.
6.2 Indemnification by Licensee. Licensee shall indemnify, defend (with counsel
designated by City), protect and hold harmless City, City's Parties and the Releasing Parties from
and against any and all claims,demands,judgments,actions,damages, losses, penalties,liabilities,
costs and expenses(including,without limitation, attorney's fees and court costs)arising at anytime
directly or indirectly from or in connection with (i)any default in the performance of any obligation by
Page 17
Licensee to be performed under the terms of this License, (ii) Licensee's use of the License Areas,
or(iii)the conduct of Licensee's business or any activity,work or things done, permitted or suffered
by Licensee in or about the Property, except to the extent caused by City's negligence or willful
misconduct. The obligations of Licensee under this Article 6 shall survive the expiration or earlier
termination of this License.
Licensee, as a material part of the consideration to City, hereby assumes all risk of damage
to the License Areas, including, without limitation, injury to persons in, upon or about the License
Areas during Licensee's use of the License Areas, arising from any use of the ATM's or other
activities of Licensee or Licensee's Parties on the License Areas. Licensee herebywaives all claims
with respect thereof against City. City shall not be liable for any injury to the License Areas,ATM's,
or injury to or death of any of Licensee's Parties, or injury to the ATM's, or injury to or death of any
other person in or about the License Areas from any cause except to the extent caused by the
negligence or willful misconduct of the City or the City's Parties.
6.3 Assumption of All Risks and Liabilities. Licensee assumes all risks and liabilities
arising out of any and all use of the License Areas by Licensee or Licensee's Parties.
7.0 REPORTS AND RECORDS
7.1 Reports. Licensee shall periodically prepare and submit to the City's Director of
Aviation such reports concerning the use of the ATM's as the City's Director of Aviation shall require.
7.2 Records. Licensee shall keep, and require subcontractors to keep,such books
and records as shall be necessary to perform the services required by this License and enable the
City's Director of Aviation to evaluate the performance of such services. The City's Director of
Aviation shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event
any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Licensee, its employees,subcontractors and agents in
the performance of this License shall be the property of City and shall be delivered to City upon
request of the City's Director of Aviation or upon the termination of this License, and Licensee shall
have no claim for further employment or additional compensation as a result of the exercise by City
of its full rights of ownership of the documents and materials hereunder.Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Licensee will be at the City's sole risk and without liability to Licensee, and the
City shall indemnify the Licensee for all damages resulting therefrom. Licensee may retain copies of
such documents for its own use. Licensee shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of any documents or
materials prepared by them, and in the event Licensee fails to secure such assignment, Licensee
shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Licensee in the performance of services under this
License shall not be released publicly without the prior written approval of the City's Director of
Aviation.
Page 18
8.0 ENFORCEMENT OF LICENSE
8.1 Governing Law. This License shall be governed by, interpreted under,and construed
and enforced in accordance with the laws of the State of California.
8.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State, or local governmental agency having jurisdiction in effect at the time service is
rendered.
8.3 Waiver. The waiver of any breach of any provision hereunder by City or Licensee
shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or
delay of any Party in the exercise of any right given hereunder shall constitute a waiver thereof nor
shall any partial exercise of any right preclude further exercise thereof.
8.4 Severability. If any paragraph, section,sentence, clause or phrase contained in this
License shall become illegal, null or void, against public policy, or otherwise unenforceable,for any
reason, or held by any court of competent jurisdiction to be illegal, null or void,against public policy,
or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases
contained in the License shall not be affected thereby.
8.5 Termination Prior to Expiration of Term. This Section shall govern any
termination of this License. The City reserves the right to terminate this License at any time,with or
without cause, upon thirty(30)days'written notice to Licensee, except that where termination is due
to the fault of the Licensee,the period of notice may be such shorter time as may be determined by
the City's Director of Aviation. The parties further agree that if Licensee: (i) files a petition in
bankruptcy, (ii) is adjudicated bankrupt, (iii) if a petition in bankruptcy is filed against Licensee and
not discharged within thirty(30)days, (iv)if Licensee becomes insolvent or makes an assignment for
the benefit of its creditors or an arrangement pursuant to any bankruptcy law, or(v) if a receiver is
approached for Licensee or its business during the Term of this License, City may terminate this
License upon twenty-four(24) hours'written notice to Licensee. In addition, Licensee reserves the
right to terminate this License at any time,with orwithout cause, upon thirty(30) days'written notice
to City. Upon receipt of any notice of termination during the Term, Licensee shall immediately cease
the operation of the ATM's, and shall clean, repair and vacate the License Areas.
8.6 Termination for Default. If termination is due to the failure of Licensee to fulfill its
obligations under this License, including but not limited to the provisions of Section 10 of this
License, City may give Licensee thirty (30) days'written notice of the termination and the reasons
therefore to Licensee. Licensee may be found to be in default for Licensee's failure to comply with
any term or condition of this License,to acquire and maintain all required insurance policies, bonds,
licenses, and permits, or failure to make satisfactory progress in performing under this License_
Upon termination under this provision, all goods, materials, documents, data and reports prepared
by Licensee under this License shall become the property and be delivered to the City on demand.
The City may, upon termination of this License, procure, on terms and in the manner that it deems
appropriate, materials or services to replace those under this License.
8.7 Attorney's Fees. If either party to this License is required to initiate or defend or
made a party to any action or proceeding in any way connected with this License, the prevailing
party in such action or proceeding in addition to any other relief which may be granted, shall be
entitled to reasonable attorney's fees and costs_
Page 19
9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Licensee, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Licensee or to its successor, or
for breach of any obligation of the terms of this License.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this License nor shall any such officer or employee participate in any
decision relating to the License which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested,in violation of
any State statute or regulation. Licensee warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this License.
9.3 Standard Covenant Against Discrimination. Licensee covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
License. Licensee shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.4 Americans With Disabilities Act. In its operation and maintenance of the ATM's,
Licensee shall comply with the Americans with Disabilities Act and all federal regulations applicable
under the Act.
10.0 FAA REQUIRED PROVISIONS
10.1 Airport Concession Disadvantaged Business Enterprise (ACDBE) This license
agreement is subject to the requirements of the U.S. Department of Transportation's regulations,49
CFR Part 23. The concessionaire or contractor agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in connection with the
award or performance of any concession agreement, management contract, or subcontract,
purchase or lease agreement, or other agreement covered by 49 CFR Part 23.
The concessionaire or contractor agrees to include the above statements in any subsequent
concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those
businesses to similarly include the statements in further agreements.
10.2 In the event of a breach of the covenants specified in Subsection 10.1 and 10.2 of
this License, City shall have the right to terminate the License and to reenter and repossess the
License Areas and the facilities thereon and hold the same as if said License had never been made
or issued. This provision does not become effective until the procedures of Title 49, Code of
Federal Regulations, and Part 23 are followed and completed, including the expiration of any appeal
rights.
10.3 License shall furnish its services on a fair,equal, and not unjustly discriminatory basis
to all users thereof and it shall charge fair, reasonable, and not unjustly discriminatory prices for its
services; provided that Licensee may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar type of price reductions to volume purchases or other rational,
reasonable basis. Non-compliance with this provision shall constitute a material breach of this
License and in the event of such non-compliance, City shall have the right to terminate this License
Page 20
and any interest in property created without liability or at the election of the City or the United States
either or both Governments shall have the right to judicially enforce this provision.
10.4 Licensee agrees that it shall insert the above three provisions in any agreement or
contract by which Licensee grants a right or privilege to any person, partnership, or corporation to
render services to the public on the Lease Areas pursuant to this License. Nothing in this provision
shall be construed as waiving any obligations or requirements of the Licensee pursuant to
Subsection 4.3 of this License or abrogate the rights of the City pursuant to such subsection.
10.5 The License shall be subordinate to the provisions and requirements of any existing
or future agreement between the City and the Untied States relative to the development,operation,
or maintenance of the Property.
10.6 This License, and all provisions hereof, shall be subject to whatever right the United
States Government now has or in the future may have or acquire, affecting the control, operation,
regulation, and taking over of the Property or the exclusive or non-exclusive use of the Property by
the United States during a time of war or national emergency.
11.0 MISCELLANEOUS PROVISIONS
11.1 Headings. The headings of this License are for purposes of reference only and
shall not limit or define the meaning of the provisions of this License.
11.2 Counterparts. This License may be signed in any number of counterparts, each of
which will be deemed to be an original, but all of which together will constitute one instrument.
11.3 Labor Disputes. Licensee shall give prompt notice to City of any actual or
potential labor dispute which delays or may delay performance of this License.
11.4 California Law. This License shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this License shall
be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Licensee covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
11.5 Disputes. In the event of any dispute arising under this License,the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefore.The injured
party shall continue performing its obligations hereunder so long as the injuring party commences to
cure such default within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period as may be
permitted by the injured party; provided that if the default is an immediate danger to the health,
safety and general welfare, such immediate action may be necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this License for cause and
to any legal action, and such compliance shall not be a waiver of any party's right to take legal action
in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Licensee's right to terminate this License without cause pursuant to Subsection 8.5.
11.6 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this License, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
Page 21
11.7 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or inequity,to cure, corrector remedy any default,to recover damages for any default,
to compel specific performance of this License,to obtain declaratory or injunctive relief,or to obtain
any other remedy consistent with the purposes of this License.
11.8 Reservation of City Rights. City reserves the right, but shall not be obligated to
Licensee, to maintain and keep in good repair the Property or the Lease Areas. The City further
reserves the right to direct and control all activities of Licensee consistent with the provisions of this
License.
11.9 Interpretation. The terms of this License shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this License or any other rule of construction which might otherwise apply.
11.10 Integration;Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this License and this License supersedes and cancels any and
all previous negotiations, arrangements, agreements and understandings, if any, between the
parties, and none shall be used to interpret this License. This License may be amended at any time
by the mutual consent of the parties by an instrument in writing.
11.11 Corporate Authority. The persons executing this License on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this License on behalf of said party, (iii)by so executing this License,such party
is formally bound to the provisions of this License, and (iv) the entering into this License does not
violate any provision of any other License to which said party is bound.
11 A2 Notice.Any notice required or permitted to be given hereunder shall be in writing and
signed by the Party, officer or agent of the Party to whom it is to be sent, and shall be either: (1)
personally delivered to the Party to whom it is to be sent, or(2) sent via overnight courier services,
or(3)sent via certified or registered mail, return receipt requested,postage prepaid to the respective
addresses, or such other addresses as the Parties may specify in writing:
To City: City of Palm Springs
Department of Aviation
Palm Springs International Airport
3400 East Tahquitz Canyon Way, Suite OFC
Palm Springs, California 92262-6966
To Licensee:
Page 22
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written
above.
ATTEST: CITY OF PALM SPRINGS
a municipal corporation
By: By:
James Thompson, City Clerk David H. Ready, City Manager
APPROVED AS TO FORM:
By.
Douglas C.Holland, City Attorney
CONTRACTOR: Check one: ^Individual `Partnership _Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President,or
any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial
Officer.
By: By:
Signature(notarized) Signature (notarized)
Name: Name:
Title: Title:
xfrwWfxxfff4f4mAwwwwffrtffffg4W'fwfwffHfw444Wwwwfwf»ffmmmfwwffrtffw4m44m4wwwwrtfxrt»4f44mm444'FMwwwwws„t4ffxxffffl+444m..mu4'4W
State of State of
County of County of
On before me, On before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on basis of satisfactory
evidence to be the person(s)whose name(s) evidence to be the person(s)whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they and acknowledged to me that he/she/they
executed the same in his/her/their authorized executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s) capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s),or the entity upon on the instrument the person(s)or the entity upon
behalf of which the person(s) acted, executed the behalf of which the person(s)acted,executed the
instrument. instrument.
I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY
under the laws of the State of California that under the laws of the State of California that
the foregoing paragraph is true and correct, the foregoing paragraph is true and correct.
WITNESS my hand and official Seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
Page 23
EXHIBIT "A"
SCOPE OF LICENSE
Licensee agrees to provide the following services:
A. The Licensee shall be required to provide, install, operate, and continuously
maintain in proper operating condition, at its own expense,three(3)ATM's in the
locations set forth in the attached Exhibit"B", the exact location of which will be
subject to the approval of the City's Director of Aviation.
B. An ATM is defined for purposes herein as an electro-mechanical device,owned,
operated, and maintained by the Licensee, and used by its customers
(cardholders having accounts with the Licensee or cardholders having accounts
with other financial institutions which entitles them access) for the purpose of
executing banking-related transactions solely between the Licensee and its
customers on an automated basis.
C. ATM's utilized by the Licensee during the term of the License must be new and
shall present a "First-class" appearance, technologically state of the art upon
introduction into service, and compatible with any space limitations of the
Premises. Licensee is encouraged to propose utilization of equipment
incorporating advanced design/customer service options (such as 24-hour
customer service telephone, audible instructions, multi-lingual display, recessed
keyboard, protruding writing ledge, camera providing photographic record of
each transaction or constant monitoring, dial back-up, privacy screen, light
compensating screen and touch-screen display).
D. All ATM's must, at a minimum be: 1) affiliated either with one or more national
ATM banking networks (such as CIRRUS, Plus, or Starr), and/or one or more
regional ATM banking networks)and display all such affiliations on the exterior of
the ATM's; 2) equipped with internal diagnostic equipment to electronically
signal Licensee of malfunctions that have or may cause the ATM's to become
inoperative (such as card jam, equipment failure, cash dispensing problems,
possible vandalism, electrical overloads, communication breakdown, or an out-
of-stock condition; 3) equipped with a placard providing telephone numbers of
Licensee's 24 hour customer service department for use by card holders
experiencing difficulty: 4) available for use and operational on a 24-hour per day
basis throughout the term of the Agreement; 5) equipped with a paper waste
receptacle; and 5) designed to minimize glare and allow the user a feeling of
privacy.
E_ Licensee shall have the nonexclusive right, privilege and obligation to install,
operate and maintain (within the Airport) ATM's.
F. For the purpose of operating the License as described herein, and for no other
purpose,the City will allow the selected Licensee, its employees,subcontractors,
suppliers, service persons, licensees, guests, patrons, and invitees the right to
use the areas of the Airport specified herein, including the necessary rights of
access and ingress and egress from the Premises.
G. Title to the ATM's equipment shall remain with the selected Licensee.
Page 24
H. Licensee shall perform all alteration work necessary for the installation of its
ATM's at no cost to the City and subject to the indemnification clause at Article
6.0.
I. The City will pay all utility costs related to the services provided Licensee by
under the License except telephone or any other telecommunications charges in
connection with operation of the ATM's.
J. Service and maintenance of the ATM's are as follows:
(i) Any and all first line maintenance to be provided at Bank's sole
expense.
(ii) Cash replenishment to be provided by Bank on an as-needed basis.
(iii) ATM's hardware maintenance to be supplied by Bank at Bank's sole
expense.
(iv) City shall provide for required electrical power lines and usage, as
well as telephone line and usage for ATM's.
K. Bank agrees to provide normal and reasonable maintenance to the equipment
provided for in this License. Bank agrees to take reasonable steps to repair
malfunction(s) within 24 hours-
L. In the event the City requires the ATM's to be moved after the initial installation,
all costs associated with such move shall be paid by the City.
M. By no later than June, 30 of each year of the term of this License, and including
June 30 on the year following the termination of this License, Licensee shall
provide a financial statement audited and certified by an authorized officer of
Licensee, confirming the number of transactions performed and fees generated
from the ATM's under this Agreement. Should the audited statements show any
underpayment by Licensee to City, Licensee shall pay such difference to City
within ten (10) days of City's demand therefore plus three percent(3%) of such
underpayment. Should the audited statements show any overpayment by
Licensee to City, City shall reimburse Licensee for the actual amount of such
overpayment as a credit to the following month's revenues due to City, provided
such overpayment in confirmed by the Director of Aviation.
N. Criminal History Records Check (CHRC): The Licensee will be required to
submit to the AIRPORT, prior to commencing work in accordance with this
License, a letter authorizing specific Licensee representatives to approve the
issuance of Airport Identification badges and the processing of a fingerprint
based Criminal History Records Check (CHRC) and/or an employment history
verification. Each of the Licensee's employees or representatives requiring
unescorted access to restricted areas of the Airport will be required to
successfully complete a Criminal History Records Check(CHRC)in accordance
with 49 CFR Part 1542. Employment history verification records and/or CHRC
results must be made available to the AIRPORT, the Transportation Security
Administration (TSA) and/or Federal Aviation Administration (FAA) immediately
upon request.
Page 25
1. Under certain circumstances, and out of control of the Airport, security
measures may change on short notice. No deviations from any security
measure shall be allowed at any time.
2. All Licensee personnel requiring unescorted access to restricted areas
of the Airport, prior to the issuance of an Airport Identification badge,
must successfully complete a fingerprint based Criminal History Records
Check (CHRC). In accordance with CFR 49 1542.209, the CHRC must
disclose that the applicant has not been convicted, or found not guilty by
reason of insanity, of any of the disqualifying crimes listed below or as
stated in 49 CFR 1542.209, during the 10 years before the date of the
individual's application for unescorted access authority, or while the
individual has unescorted access authority. The disqualifying criminal
offenses are as follows-
a. Forgery of certificates,false marking of aircraft,and other aircraft
registration violation; 49 U.S.C. 46306.
b. Interference with air navigation; 49 U.S.C. 46308.
C. Improper transportation of a hazardous material; 49 U.S.C.
46312.
d. Aircraft piracy; 49 U.S.C. 46502.
e. Interference with flight crew members or flight attendants; 49
U.S.C. 46504.
f. Commission of certain crimes aboard aircraft in flight; 49
U.S.C. 46506.
g. Carrying a weapon or explosive aboard aircraft; 49 U.S.C.
46505.
h. Conveying false information and threats; 49 U.S.C. 46507.
i. Aircraft piracy outside the special aircraft jurisdiction of the
United States; 49 U.S.C. 46502(b).
j. Lighting violations involving transporting controlled substances;
49 U.S.C. 46315.
k. Unlawful entry into an aircraft or airport area that serves air
carriers or foreign air carriers contrary to established security
requirements; 49 U.S.C. 46314.
I. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
m. Murder.
n. Assault with intent to murder.
o. Espionage.
P. Sedition.
q. Kidnapping or hostage taking.
r. Treason-
S. Rape or aggravated sexual abuse.
t. Unlawful possession, use, sale, distribution, or manufacture of
an explosive or weapon.
U. Extortion.
V. Armed or felony unarmed robbery.
W. Distribution of, or intent to distribute, a controlled substance.
X. Felony arson.
y. Felony involving a threat.
z. Felony involving—
(1) Willful destruction of property;
Page 26
(2) Importation or manufacture of a controlled substance;
(3) Burglary;
(4) Theft;
(6) Dishonesty, fraud, or misrepresentation;
(6) Possession or distribution of stolen property;
(7) Aggravated assault;
(8) Bribery; or
(9) Illegal possession of a controlled substance punishable by
a maximum term of imprisonment of more than 1 year.
aa. Violence at international airports; 18 U.S.C. 37.
bb. Conspiracy or aftempt to commit any of the criminal acts listed in
this paragraph (d).
3. The AIRPORT utilizes an electronic fingerprint machine, which will be
utilized for the taking and submission of fingerprints.
4. Generally, CHRC results are returned to the AIRPORT from the TSA
within 3-5 business days.
O. Employee Security Badges
1. All Licensee personnel who will be performing guard services must
obtain, and conspicuously display on their person at all times when they
are on duty at the Airport, an Airport issued security identification badge.
2. The appropriate badge may be obtained at the Airport Operations Center
located in the terminal building. The cost for each identification badge,
CHRC and stolen and/or lost identification badges are delineated in the
City's Comprehensive Fee Schedule.
3. All badges are to be returned to the Airport when the services are no
longer required.
4. In order to obtain a Secured Area identification badge, each Licensee
employee must have satisfactorily completed the aforementioned CHRC
and successfully completed a required 2 hour training class on airport
security. Attendance of the class and subsequent issuance of the
security identification badge may take longer than 3 hours per person.
a. SIDA training will be provided by the Airport and will be
scheduled at a mutually agreeable time to the Licensee and the
Airport-
P. Armored Car Service
1. The Licensee armored car service will be required to submit to the
AIRPORT, prior to commencing work in accordance with this License, a
Representative Identification List of all armed couriers and maintenance
technicians that will need access to a restricted area. Armed personnel
will be escorted by an Airport Law Enforcement Officer at all times they
are in an Airport restricted area.
Page 27
2. The Licensee's armored car service will be required to submit to the
AIRPORT, prior to commencing work in accordance with this agreement,
a copy of the service's current Firearms Policy. Said policy shall be
approved by the Airport prior to the start-up of service.
3. The Licensee's armored car service shall comply, at all times, with the
service's Firearms Policy, all local rules and regulations, and all federal
guidelines and regulations regarding the carrying of firearms at the
Airport-
Q. Installation of all ATM's shall be completed within 30 days of the effective date of
this License.At least three(3)days before Licensee installs the ATM's, Licensee
shall first contact the City's Director of Aviation to coordinate a convenient time
and date install the machines. Licensee warrants that the installation of the
ATM's shall be performed in no more than two (2) consecutive days. Licensee
shall assure that all such work is performed in a manner so as to minimize any
disruptions or interference of Airport operations, including but not limited to,
Airport pedestrian traffic. Licensee shall further assure that any work performed
hereunder shall be in a competent, professional and clean manner. Licensee
shall completely clean all construction equipment and materials upon completion
of the work_ Service and maintenance of the ATM's shall be conducted on an
as-needed basis.
Page 28
EXHIBIT "B"
SITE PLAN
AND
DEPICTION OF LICENSE AREA
Palm Springs International Airport
ATM Locations:
Main Terminal ( Pre-Security Checkpoint) MT
Bono Concourse BC
'New Concourse NC
@fN
a, iTE
55 ,l
BC 41
r rye
y
IT
�V
NC
MT
Page 29
I -
F PALM s
REQUEST FOR PROPOSAL (RFP 09-09)
FOR
ATM Services for the
c'........° P Palm Springs International Airport
gLlFpRK�
ADDENDUM NO. 3
The City has received the following questions and is hereby providing answers thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: Are we going to be able to bolt the unit to the floor?
A 1: Yes.
Q 2: What are the limits or constraints on signage for the ATM?
A 2: Must be attached to the ATM and must be approved by Airport personnel in
advance of placement-
0 3: Is the maximum fee we can charge $2.25?
A 3: Item B in the Proposal Evaluation Criteria is the Proposed Customer Transaction
Fee, It is up to the Proposer to determine what the maximum fee would be.
Q 4: Your license fee is that going to be $1.35 per transaction for each year or will this
fee change?
A 4: Item A in the Proposal Evaluation Criteria is the Proposed transaction fee to the
City. It is up to the Proposer to determine what the transaction fee schedule
would be.
Q 5: If the City employees are not charged a fee do you still charge a license fee for
these transactions?
A 5: Per the revised Section 2.1 "Transaction herein is defined as any withdrawal or
any other surchargable transaction".
Q 6: Will the area be equipped with hook ups for video or alarm surveillance?
A 6: The Airport has a videolalarm security system in place that monitors the entire
Airport premises. The ATM machines may be equipped by the Licensee with an
audible/silent alarm which would be triggered if the ATM is tampered with.
Q 7: Do you have an estimate of how much foot traffic will be going through this
concourse based on the other concourses in years past?
A 7: At this time, Delta Connection, United Express, US Airways and Horizon Airlines
operate out of the New Concourse. The remaining airlines operate out of the
Bono Concourse. This is subject to change. The Flight Schedules also change
monthly and are not the same as the previous year. The Flight Schedules and
Airline statistics for the previous 12 months are available on the Airport website
www.palmspringsairt)ort.com for reference.
Q 8: This would be three year commitment is that correct?
A 8: Yes, this is confirmed in 3 places in the RFP document. Refer to page 3,
"Contract Period", as well as "Term/Rights/Ownership of Improvements, section
A", as well as page 15, Section 3.0, 'Term", where the term is defined at 3
years, and at the sole discretion of the City, The agreement may be extended
for two additional one (1) year option periods.
Q 9: The target live date is Jan 2009 is this correct?
A 9: Yes, please refer to the RFP, page 4, Section 3, Deadline for Submission of
Proposals, the last line **Note: contract becomes effective January 4th, 2009.
Also, as per Addenda#2, Answer to Question#5. Because January 4th falls on
a Sunday, the date may move to the next business day.
Q 10: If our ATM provider is not armed may they receive a badge to access the ATM
area on a monthly or weekly basis as needed?
A 10: We would discuss this possibility with the successful proposer. No decision can
be made without specific details.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Glad er , C.P.M.
Procurement ager
DATE: November 26, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your
proposal. Failure to,acknowledge this Addendum may result in your proposal being deemed non-responsive.
F ?ALM S
° X '`Py REQUEST FOR PROPOSAL (RFP 09-09)
FOR
ATM Services for the
rliirok�`� ' Palm Springs International Airport
ADDENDUM NO. 2
The City has received the following questions and is hereby providing answers thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: What is the current surcharge for a withdrawal transaction at the ATMs?
A i The maximum "Transaction Fee"is $2.25. Please note this is not specific to 'Withdrawal
transactions"but is for"each transaction".
Q 2: What is the current concession or license fees that the City(Airport) receives?
A 2: We receive the following "License Fee"for"each transaction"
2006-$1.10 per transaction
2007-$1.25 per transaction
2008-$1.36 per transaction
Q 4: If the concession fees are based upon per transaction fees per month may I please
request an average concession fee for 2007?
A 4: For 2007 the total License Fee received was$25,960,00,
Q 5: Regarding the current ATM machines that are on the premises; should the awarded
proposer change, what happens to the current machines that are in place?
A 5. As per RFP Document Page 2, Scope of Work, 2.A, "The Proposer shall be required to
provide, install, operate, and maintain, at its own expense, its concession." Title to the
ATM equipment remains with the selected Licensee. Therefore the old ATMs potentially
would be removed at the end of the current agreement on 113109 by the current licensee
and if awarded to a new Licensee, would install their own equipment on the next
business day.
CHANGE TO SECTION 2.1 OF SAMPLE AGREEMENT AS PROVIDED IN RFP DOCUMENT:
The City hereby is changing the document for clarification:
In section 2.1 of the Agreement the following sentence is being added: "Transaction
herein is defined as any withdrawal or any otherrsurchargable transactions."
"NOTE: Due to the Holiday Season and pending deadline, please forward any questions
you may have by the deadline date of November 26" by 2:00PM to Craig Gladders,
Procurement& Contracting Manager at Craig.Gladders(a)palmsprings-ca.gov so that any
Final addenda can be distributed in a timely manner.
BY ORDER O,/A//, F THE C TY OF PALM SPRINGS, CALIFORNIA
Lei A n G nv
Procurement Specialist II
DATE: November 25, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your
proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive.
F PALM S
4° au�P4 REQUEST FOR PROPOSAL (RFP 09-09)
FOR
ATM Services for the
;P Palm Springs International Airport
grrFORN
ADDENDUM NO. 1
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: Who is the incumbent ATM provider?
A 1 The original incumbent was Palm Desert National Bank however their ATM
Services were purchased by U.S. Bank effective October 1, 2008. The
agreement was assigned to U.S. Bank.
Q 2: Are there currently two- ATMs at the Airport and is the City of Palm Springs
requiring a third ATM in the New Concourse?
A 2: There are currently two ATM's located at the Palm Springs International Airport.
A third ATM is being added to the new scope of services under the new contract.
Q 3: In Attachment "B" ATM transactions for existing ATMs, do the total monthly
numbers represent total number of withdrawals only or do they represent
withdrawals, balance inquiries, and denials?
A 3: There is no detailed transaction history available. The current agreement does
not require any further breakdown of Transaction types.
Q 4: Would you please provide more detailed transaction history? Specifically,
surcharged withdrawals, balance inquiries and denials?
A 4: Same as answer to question#l3 above.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
jh�r
nn GI eno
Procurement Specialist II
DATE: November 24, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with
your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-
responsive.