Auxiliary Event Personnel Svcs

REQUEST FOR PROPOSAL PROPOSAL NUMBER: 3000008343 ISSUE DATE: MAY 04, 2020 TITLE: AUXILIARY EVENT PERSONNEL SERVICES CONTRACT FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL ISSUING AGENCY: UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PURCHASING SERVICES 104 AIRPORT DRIVE, SUITE 2700 CHAPEL HILL, NORTH CAROLINA 27599-1100 ATTENTION: Mr. Mark Sillman Phone: 919.962.9463 Email: mark_sillman@unc.edu USING DEPARTMENT: DEPARTMENT OF ATHLETICS IMPORTANT: This is a TWO-STEP RFP process. Proposals shall be received from each Offeror in two (2) separate emails sent to mark_sillman@unc.edu as MSWORD Documents. The first one shall be the technical proposal and it shall have a subject line of “RFP 3000008343 – Technical Proposal – Company Name”. The second one shall be the cost proposal and it shall have a subject line of “RFP 3000008343 – Cost Proposal – Company Name”. For

additional information about the process see Section 4.03. Sealed proposals shall be received until 3:00 p.m. on May 22, 2020 for furnishing the services described herein at the address indicated above as the Issuing Agency. Proposals not received by 3:00 p.m. on May 22, 2010 shall not be considered. No details of the proposals will be divulged at the time of opening. All questions concerning this RFP must be submitted via email as a Microsoft word document to mark_sillman@unc.edu, no later than 4:00 p.m. on May 11, 2020. Please ensure that the subject line of your email says something like “Questions for RFP 3000008343” so that your questions will be properly identified and not discarded as possible spam. A summary of all questions and answers will be posted on the Internet or emailed as an addendum, located under the RFP number being modified. It is the Offerors responsibility to assure that all addenda, if any have been reviewed, signed and returned. mailto:mark_sillman@unc.edu mailto:mark_sillman@unc.edu 2 ARTICLE I GENERAL PROVISIONS Section 1.01 PURPOSE: This Request for Proposal (RFP) is being issued to obtain a single contract to provide auxiliary event personnel services as described herein for the University of North Carolina at Chapel Hill, Department of Athletics. The requested services shall be provided as required per the Department of Athletics Event Management Department and its schedule of events. The Contractor’s supervisors and staff shall perform functions including but not limited to access and crowd control, ushers, bagcheckers, ticket takers and security guards. Section 1.02 BACKGROUND: The University’s goal in contracting auxiliary event personnel services is to augment the management of event operations in a safe and effective manner during events. This includes the goals of controlling the safe ingress of patrons into a facility for the events, directing them to their seats, monitoring spectator activities and behavior, enforcing stadium policies, assisting in any situations that arise during the course of the event, and controlling the safe egress of patrons from the facility. The Contractor shall operate the auxiliary event services in a professional and efficient manner with a first-class level of quality and service and follow the standard of operation set in place by the Department of Athletics Event Management Department. If you are unfamiliar with the facilities of the University of North Carolina at Chapel Hill Department of Athletics you can view them on this website - http://tarheelblue.cstv.com/facilities/unc- facilities.html . Seating charts for the Dean E. Smith Center, Kenan Stadium and Carmichael Auditorium are also available on the website Section 1.03 DUTIES AND RESPONSIBILITIES OF THE UNIVERSITY: The University hereby agrees to work directly with the Contractor during the term of this agreement to assure that each new employee completes the appropriate familiarization training required for new employees in connection with carrying out and conducting all of the following duties and responsibilities during the term of this agreement. http://tarheelblue.cstv.com/facilities/unc-facilities.html http://tarheelblue.cstv.com/facilities/unc-facilities.html 3 ARTICLE II DEFINITIONS As used in this agreement, the following terms shall have the meanings indicated below: Section 2.01 UNIVERSITY: "University" shall mean, The University of North Carolina at Chapel Hill for its Department of Athletics. Section 2.02 OFFEROR: “Offeror” shall mean a company/firm submitting a proposal in response to this Request for Proposals. Section 2.03 CONTRACTOR: "Contractor" shall mean the Contractor that will provide the professional services for the University. Section 2.04 TERM: "Term" shall refer to the length of time the contract will be valid. Section 2.05 CONTRACT ADMINISTRATOR: “Contract Administrator” shall mean the University representative who shall be the direct liaison between the Contractor and the University for this contract. That representative will be Ellen Culler. Section 2.06 UNIVERSITY HOLIDAY SCHEDULE: The University’s Holiday Schedule is maintained at http://hr.unc.edu/Data/SPA/records/schedules/holidayschedule and shall be considered the official posting for all University recognized holidays. Section 2.07 UNC FOOTBALL EVENT: “UNC Football Event” shall mean any UNC-CH football game. The University reserves the right to assign the auxiliary event personnel services for non-UNC-CH athletic and miscellaneous events in its venues as prescribed by the event requirements to the service provider of its choice. Section 2.08 UNC BASKETBALL EVENT: “UNC Basketball Event” shall mean any UNC-CH men’s basketball game. The University reserves the right to assign the auxiliary event personnel services for non- UNC-CH athletic and miscellaneous events in its venues as prescribed by the event requirements to the service provider of its choice. Section 2.09 OLYMPIC SPORTS EVENT: “Olympic Sports Event” shall include all regular season and post-season operations on campus associated with any of the UNC-CH athletic teams excluding men’s football and men’s basketball. The University reserves the right to assign the auxiliary event personnel services for non-UNC-CH athletic and miscellaneous events in its venues as prescribed by the event requirements to the service provider of its choice. Section 2.10 NON-ATHLETIC EVENT: “Non-Athletic Event” shall mean any non-UNC-CH athletic and miscellaneous event that occurs on campus in the University’s athletic facilities that does not fit any of the other defined definitions. The University reserves the right to assign the auxiliary event personnel services for non-UNC-CH athletic and miscellaneous events in its venues as prescribed by the event requirements to the service provider of its choice. Section 2.11 PANDEMIC OR SOME OTHER COMPLETE DISRUPTION OF BUSINESS OPERATIONS: Should there be a “Pandemic, water outage, weather event or some other complete disruption of business operations,” The University is not liable for any expected costs related to scheduled events that become cancelled. http://hr.unc.edu/Data/SPA/records/schedules/holidayschedule 4 ARTICLE III DUTIES AND RESPONSIBILITIES OF CONTRACTOR The Contractor hereby agrees to work directly with the University, or its designated Contract Administrator, in connection with carrying out and conducting all of the following duties and responsibilities during the term of this agreement. Section 3.01 The Contractor shall provide the minimum number of auxiliary event personnel and supervisors, designated by the Contract Administrator, for the complete and satisfactory assistance with the event management for athletic as well as other events as may be requested from time to time. Historically, the number of attendants and supervisors needed are as follows: A. UNC Football Event: 140 auxiliary personnel, 9 area supervisors, and 1 event supervisor B. UNC Basketball Event: 66 auxiliary personnel, 5 area supervisors, and 1 event supervisor C. Olympic Sports Event: 1 to 25 auxiliary personnel and 1 supervisor when requested The Contract Administrator shall provide as much advance notice as possible for personnel needs. The Contract Administrator shall provide a list of positions for personnel no later than two weeks prior to each event, if at all possible. Event instructions shall be provided to the Contractor upon arrival at the event and it shall be the Contractor’s responsibility to ensure each contract employee receives a copy of the instructions at the time of the event and/or completely understands the post requirements and instructions. The number of auxiliary personnel and supervisors for other non-athletic events that occur on a one time basis or that change from year to year shall be specified by the Contract Administrator no less than one (1) week prior to each event. The number of auxiliary personnel for any such event may vary depending on a myriad of factors. The University reserves the right to assign the auxiliary services for non-UNC-CH athletic and miscellaneous events in its venues as prescribed by the event requirements to the service provider of its choice. Should the Contractor not be able to fulfill the staffing requirements for an event, when the Contractor was given a minimum of two weeks notice for athletic events and a one week notice for non-athletic events, the Contractor shall remit a penalty of up to $100.00 per position to the Department of Athletics, not to exceed $1,000.00 per individual event. The Director of Athletics at their discretion can waive the penalty, if the Contractor staffing shortage did not jeopardize the Department of Athletics’ ability to deliver the customary level of customer service to its spectators and/or safety was not degraded due to their absence. The Contractor shall be responsible for the supervision of all auxiliary event personnel. This includes ensuring adherence to University policy pursuant to Special Event Operations, meal breaks, rest breaks, and other supervisory related duties. The University shall have the option of requesting the replacement of and/or exclusion from campus operations of, any employee, who in the University’s opinion has failed to conform to the rules and regulations of the University and/or the customer service expectations of the Department of Athletics. This may be in addition to the University deeming a person or persons ineffective (for example, leaving an assigned position without replacement) and penalizing the Contractor for failure to provide adequate staffing by withholding payment. Section 3.02 All auxiliary event personnel and supervisors shall work the hours specified by the Contract Administrator in order to accomplish the proper implementation of the University’s event management plans. Any change in the starting time of an event shall effect a like change in the beginning and ending time for auxiliary event personnel and supervisors. Historically the start times (post time – not meeting time) and the end times for auxiliary event personnel are as follows: 5 A. UNC Football Event: 2.5 hours prior to kick-off to 30 minutes after conclusion Limited number of early reports required starting at 7 a.m. B. UNC Basketball Event: 2.0 hours prior to tip-off to 30 minutes after conclusion Limited number of early reports required 3 hours prior to start C. UNC Baseball Event: 2.0 hours prior to start of event to 30 minutes after conclusion D. Olympic Sports Event: 1.5 hours prior to start of event to 30 minutes after conclusion Section 3.03 The Contractor shall be aware that the number and type of events will vary from year to year based on scheduling by the Department of Athletics and other University scheduling concerns. There will be approximately seven (7) football games, a maximum of nineteen (19) basketball games, and generally not more than two hundred (200) UNC Baseball and UNC Olympic sports events each year. Section 3.04 The Contractor shall contact the Contract Administrator weekly during the Academic year and biweekly during the summer months unless otherwise advised by the Contract Administrator. The purpose of this contact shall be to maintain on-going communication regarding events. Section 3.05 The Contractor must provide 24-hour, 7-day per week contact information (pager number, cell phone, home number, etc.) of the firm’s primary operational liaison at Contractor’s expense to the Department of Athletics Contract Administrator allowing for immediate response to event service requests. However, there may only be one primary contact for a contractor. If the primary contact is going to be out of town or unavailable due to vacation or illness, a secondary person can be named and information provided. This back-up plan must be specified in the technical proposal and any changes to this plan must be immediately provided to the University at the time of the award. Additionally, the primary contact shall be responsible for notifying the University of such emergencies that might take them out of service or planned vacations at least 24 hours in advance except for true emergencies. Contractor shall remit a penalty of up to $100.00 per instance of failure to communicate to the Department of Athletics, not to exceed $1,000.00 per month. Section 3.06 The Contractor shall provide qualified and trained supervisors and auxiliary event personnel as requested by the University to augment its Event Management staff and to perform auxiliary event personnel services at athletic events including such functions as, but not limited to: Access and crowd control: Ushers; Bagcheckers; Ticket takers; and Security Guards for UNC home football, men’s basketball, and Olympic Sports events and other post-season athletic events as determined by the University. The Contractor shall provide adequate training to its personnel and all personnel shall be knowledgeable of the University campus and the Department of Athletics Event Management Plans. Except as otherwise provided herein, personnel shall be able to perform their duties in a quality manner without additional training from the University. Section 3.07 The Contractor shall demonstrate their ability to provide a consistent staff and be able to demonstrate in the technical proposal its ability to regard the University as a priority client. The Contractor shall not have more than two current contracts with non-UNC clients within a 35-mile radius and cannot have any current service agreements with NCAA athletic programs which would drastically reduce the number of trained and certified event personnel available. If the Contractor holds more than two contracts with non-UNC clients, the Contractor must be able to demonstrate in the RFP its ability to cover multiple events on the same days. 6 Section 3.08 The Contractor’s supervisors and auxiliary event personnel shall be responsible only for the proper implementation of the Department of Athletics Event Management plan, and not for the overall event management or the enforcement of any laws or University regulations outside the scope of these plans. The Department of Athletics event management operation shall be run in a professional manner to engender good will with all members of the University community and all the Contractor’s employees are expected to be customer service-oriented in an effort to provide this excellent service. Section 3.09 The Contractor's event personnel shall not carry firearms or other weapons of any kind. However, the Contractor must have at least one fully trained and currently practicing law enforcement officer from Orange County on staff to provide training support and assist the Contractor in understanding local jurisdictional practices. Section 3.10 The Contractor must check-in with the Department of Athletics Event Coordinator no later than 2.5 hours prior to any event for any special instructions. The Contractor shall arrange for a post-event debrief immediately following the conclusion of every event staffed. The Contractor must receive approval from the Contract holder before a shift is terminated and the position is terminated. The Contractor shall commit to monthly review meetings with Contract administrator. The Contractor shall participate in regular leadership “Command Group” Meetings. The Contractor shall execute a jointly designed and agreed upon evaluation of overall operation. Section 3.11 The Contractor shall make rounds of the interior and exterior of the facility being used to ensure that contractor’s personnel are maintaining good order and discipline during the event. The contractor shall be responsible for the supervision of his/her staff and the adherence to University policy pursuant to Athletic Event operations, meal breaks, rest breaks, and other supervisory related duties. The University shall have the option of requesting the replacement of and/or exclusion from campus operations of, any employee, who in the University’s opinion has failed to conform to the rules and regulations of the University and/or the customer service expectations of the Department of Athletics or has exhibited inappropriate behavior. Section 3.12 The Contractor shall provide supervisory response to his auxiliary event personnel for any problems during all hours of event coverage and report immediately all suspicious activity, unusual behavior, and/or disturbances that cannot be controlled by his personnel on duty to Campus Police personnel and the Department of Athletics Event Coordinator. The Contractor’s event personnel shall provide assistance as required but not interfere. In addition to actual auxiliary event services, the Contractor shall meet with University officials and law enforcement officers to coordinate any necessary adjustment in event management. These services shall be deemed part of this agreement. These meetings are to be on an as-needed basis as mutually agreed upon by the Contractor and the University. Section 3.13 The Contractor’s event personnel shall be knowledgeable of the emergency action plans and follow the lead of the University leadership in supporting in any manner necessary in the evacuation of persons from the event in case of fire or disaster. Section 3.14 The Contractor shall be responsible for insuring that personnel are neatly attired and properly uniformed (as specified by the University), equipped, and trained/instructed in their responsibilities. Contractor shall provide uniform shirts and/or jackets for staff such that the Department of Athletics event management team can readily identify the auxiliary event personnel in a crowd. Colors such as standard blue, standard khaki, standard blacks, standard browns, etc. cannot be used as they blend into the crowd. Uniforms must receive the Department of Athletics approval in advance as part of the Technical Proposal by photo or samples. Colors such as yellow, orange, green, and neons, are more likely to be approved and should include one color for auxiliary event personnel and one color for supervisors. Every person working for the Contractor for all UNC-CH events must wear a shirt/jacket as part of their uniform and wear black, khaki, or navy pants, shorts or skirts as appropriate with closed toed shoes. Cut-off shorts, offensive t- shirts, jeans, untucked shirts, and any apparel (baseball caps, t-shirts, etc.) that reference any college other than UNC-CH will not be allowed. Some events may require specific dress codes, which shall be communicated in advance of the event by the Contract Administrator. 7 Section 3.15 The Contractor shall provide a minimum of sixty [60] functioning communication devices (preferably with digital capabilities, such as sonim devices, radios) to key personnel working each Football and Men’s Basketball event. This communications system must be on an FCC frequency, which is separate from the Department of Athletics and the University’s Department of Campus Police frequencies, to allow simultaneous communications. However, the radio equipment must be compatible with the Department of Athletics frequencies while on duty and copies of the frequency license reflecting the number of on-hand radios must be provided as part of the technical proposal as well as the assigned number and serial numbers. Additional equipment may be provided by the Contractor if deemed appropriate by the Contractor and approved by the University. The Contractor shall also be responsible for supplying every auxiliary staff member supplied with proper additional equipment [flashlight, earplugs, latex gloves, face masks, rain gear, ponchos, etc.] as deemed necessary for any event. Section 3.16 The Contractor shall possess and maintain any and all required North Carolina licenses and registrations. All event personnel furnished to the University shall be eligible to be bonded. All supervisory personnel shall be trained, certified and registered to North Carolina Private Protective Services Unarmed Security Guard standards. All personnel performing security functions shall be trained, certified and registered to North Carolina Private Protective Services Unarmed Security Guard standards. All personnel shall undergo jointly designed training programs to cover UNC History, UNC Athletic Event Management Customer Service Approach, The “Carolina Way,” Crowd Manager Training, TEAM training, ADA Training, and CPR/AED certified to American Heart Association standards. The Contractor’s personnel shall wear, at all times, proper identification, including NC PPS Security Guard registration card [where appropriate] and company-issued identification cards. Section 3.17 The Contractor shall be responsible for all costs of providing uniforms, hiring, and equipping the event personnel and all administrative employment matters including payment of wages and appropriate tax withholdings. Contractor should schedule staff with appropriate time in advance, pay staff regularly (at least monthly) and pay staff a minimum wage of $10/hour. Section 3.18 The Contractor’s event personnel shall reside within approximately a seventy (70) mile radius of the University to ensure adequate personnel resources are available within a 45 minute window of being called in. This is to allow for the ability to be able to provide extra coverage on short notice for any and all events, when the University determines that the crowds have exceeded normal expectations and additional event personnel are required to ensure the health and safety of spectators, athletes and University personnel. The Contractor shall ensure that each employee has and maintains on their person at all times while they are on University property either a valid North Carolina Drivers License or a valid North Carolina Non-Driver Identification Card which shall be used for the proper identification of personnel as well as verifying that the persons residency is within the required 70 miles radius required by this RFP. Either identification may be used and shall be shown upon request of the Contract Administrator or any law/security enforcement personnel. Section 3.19 The Contractor’s employees shall park ONLY in designated and approved UNC parking facilities as directed by the Supervisor of UNC Police and UNC - Transportation and Parking. Parking is provided free of charge for those actually working the event on a space available basis only. Parking areas may change on an event-by-event basis due to changes in the campus parking availability so car pooling is highly advised. The Contractor shall submit a list of working personnel for each event prior to the event for parking control purposes. Section 3.20 The Contractor shall submit timely invoices, within ten (10) working days, for all event services with copies of the personnel sign-in/sign-out sheet that shows the printed name and signature of each employee, location of assignment, hourly rate of each staff position, beginning/ending time on post, assigned radio number, and color and number of security shirt/uniform. The Contractor shall remit a penalty of up to $100.00 per month to the Department of Athletics if it fails to meet this expectation, not to exceed $1,000.00 annually. 8 Section 3.21 The Contractor shall submit event reports to the University detailing the staff deployments, venue maintenance problems and/or responses to injury, customer service or security incidents within three business days of each event, unless the Contractor and the Contract Administrator make other arrangements. These reports shall include, but not be limited to the following: staff member reporting incident, names of patrons involved in incident, description of incident and resolution. The University may request other reports from time to time. Section 3.22 The Contractor shall provide within the first thirty (30) working days a written assessment recommending additional measures, if any, that the Contractor feels are advisable to ensure the health and safety of spectators, athletes and University personnel. Section 3.23 The Contractor shall be required to conduct extensive criminal checks on all employees and provide a copy to the Contract Administrator. This will apply to any new employees hired after the contract has been awarded. The University reserves the right to examine and review the results of all criminal background checks for contractor’s employees at any time. The University reserves the right to deny employment at UNC facilities for any employee that is deemed to have an unacceptable criminal record. Section 3.24 The Contractor shall pay University directed staff and groups who serve fundamental roles as directed by the University. A 5% administrative fee will be charged by the Contractor for these payments. 9 ARTICLE IV THE PROCUREMENT PROCESS Section 4.01 PROPOSALS All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions and other documents as part of an Offeror’s response will be waived and have no effect either on this RFP or any contract that may be awarded resulting from this solicitation. The submission of any other terms and conditions by an Offeror may be grounds for rejection of the Offeror’s proposal. Offeror specifically agrees to the conditions set forth in this paragraph by the signature of its authorized representative on the execution of the proposal page contained herein. Section 4.02 PRE-PROPOSAL CONFERENCE Intentionally removed. Section 4.03 SELECTION PROCESS Following is a general description of the process by which a Contractor will be selected to provide required services: A. Request for Proposal (RFP) is issued. B. Offerors shall submit in writing any questions they may have. C. Proposals shall be received from each Offeror in two (2) separate emails sent to mark_sillman@unc.edu as MSWORD Documents. The first one shall be the technical proposal and it shall have a subject line of “RFP 3000008343 – Technical Proposal – Company Name”. The second one shall be the cost proposal and it shall have a subject line of “RFP 3000008343 – Cost Proposal – Company Name”. D. The proposal must be received by the Issuing Agency no later than the date and time specified on the cover of the RFP. E. At that date and time all technical proposals from each responding firm shall be opened and the name of each Offeror shall be annotated on a bid tabulation form with a copy going to each Offeror who submitted a proposal. This is due to the COVID 19 Pandemic. F. The technical proposal is checked to ensure that the Execution of Proposal page is present and has been signed and dated by an official authorized to bind the firm and then forwarded to the customer for evaluation. G. After all technical proposals have been evaluated, only the cost proposals of those Offerors meeting the specifications shall be opened and annotated on the bid tabulation form with a copy going to each Offeror who submitted a proposal. This is due to the COVID 19 Pandemic. H. The Offerors with acceptable technical proposals shall be notified of the time and place for the opening of the cost proposals. At least two (2) working days notice shall be given prior to the opening. This paragraph does not apply at this time due to the COVID 19 Pandemic. I. Award shall be made to the responsible, responsive Offeror(s) whose proposal is most advantageous to the University in accordance with the specifications set forth in this RFP. mailto:mark_sillman@unc.edu 10 Section 4.04 REQUIRED PROPOSAL CONTENT Qualified firms are encouraged to submit a proposal for performing the services described herein. All proposals must be submitted strictly in accordance with the requirements of this RFP. Failure to include any required information in the proposal may disqualify an Offeror as a potential Contractor. Proposals shall be prepared simply and succinctly providing a straightforward, concise description of the Offeror’s abilities to satisfy the requirements of this RFP. Emphasis shall be on completeness and clarity of content. The information shall be prepared, tabbed and submitted in the order given below. The proposal shall be of sufficient detail to describe the following: TECHNICAL PROPOSAL A. The Offeror shall describe the overall experience and qualifications of the firm and its credentials in providing auxiliary event personnel services. B. The Offeror shall describe the organizational structure of the firm, including its relationship to any parent firms, sister firms, or subsidiaries. Provide a biography on the Offeror’s management personnel that will be responsible for the performance of the Agreement, detailing their involvement and provide an organizational chart showing Offeror’s proposed management staff. C. The Offeror shall provide a detailed description of how the Offeror proposes to provide the auxiliary services described herein. D. The Offeror shall provide copies of its past five (5) years worth of safety records covering the performance of such duties as called for in this RFP. If the Offeror has been involved in any claims during its history of providing event staffing services Offeror shall provide complete documentation about the claim. The Offeror shall provide a detailed description of the Offeror’s safety policies and procedures. E. The Offeror shall provide a list showing all contract awards currently held or has held within the past 10 years for providing auxiliary event services from other state or federal agencies. The list shall provide the company/institutions name, point of contact’s name, telephone number, description of the services performed for each individual customer and the reason for any lost, terminated, cancelled or otherwise terminated contracts. The Offeror must agree to accept the University as their primary client and have no other services agreements with any other NCAA athletic programs. F. The Offeror shall furnish a copy of all training materials and operations manuals utilized to train and guide its personnel. Provide general policies and procedures of contractor, including employee conduct. Provide a detailed description of quality control program and copies of evaluation forms. G. The Offeror shall have a minimum of five (5) years experience with NCAA Division 1 athletic event auxiliary services, up to and including National Championship auxiliary services as well as ACC Conference Championship auxiliary services with a stadium size in the range of 50 – 60 thousand and up capacity. H. The Offeror shall provide a list of equipment that will be used to accomplish the Events Services (samples of uniforms, radios, etc.) All equipment must be approved by the University. 11 I. The Offeror shall provide a copy of its State License and evidence that it is duly authorized by the appropriate governmental authorities to conduct business in the state of North Carolina. This shall include, but not be limited to, State of North Carolina, Department of Revenue, Merchants Certificate of Registration; State of North Carolina, Department of the Secretary of State, Corporation Registration: State of North Carolina Private Protective Services Board, Security Guard & Patrol License; and a business license with the North Carolina Private Protective Services Board. All personnel, supervisory or otherwise, that perform any security related function will be trained, certified and registered to North Carolina Private Protective Services Unarmed Security Guard requirements. All personnel must have current training and be CPR/AED certified in accordance to American Heart Association standard. Copies of certification may be supplied upon request. J. The Offeror shall provide copies of insurance certificates with respect to each of the insurance policies to be maintained in compliance with the provisions of Article V. K. The Offeror shall provide a signed copy of the Execution of Proposal with the Technical Proposal. The Execution of Proposal page is located directly after Article VII, Terms and Conditions. O. The Offeror shall provide a completed copy of the WHERE SERVICE CONTRACTS WILL BE PERFORMED page with the technical proposal. The WHERE SERVICE CONTRACTS WILL BE PERFORMED page is located directly after the Execution of Proposal page. P. The Offeror shall provide a completed copy of the CRIMINAL BACKGROUND STATEMENT page with the technical proposal. The CRIMINAL BACKGROUND STATEMENT page is located directly after the WHERE SERVICE CONTRACTS WILL BE PERFORMED page. COST PROPOSAL Section VI, PRICING SCHEDULE, shall be completed and included in the proposal. All blanks in Section VI, PRICING SCHEDULE, must be filled in. Section 4.05 PROPOSAL SUBMISSION AND OPENING The technical and cost proposals must be received by the Issuing Agency no later than the date and time specified on the cover of this RFP. Each technical and cost proposal shall be placed in separately sealed envelopes with the following information printed on the outside of each envelope; complete name of the Offeror’s company/firm, the RFP number and whether it is the “technical proposal” or the “cost proposal” that is enclosed. The two envelopes may then be placed into one envelope/package for delivery purposes. The Offeror should ensure that the RFP number is printed on its address label so that it can be properly identified upon arrival at the Issuing Agency address. 12 Section 4.06 EVALUATION OF PROPOSALS The Offeror’s proposal shall be submitted at the time specified. Designated University staff members shall evaluate the proposals received and will consider the following factors in recommending award to a qualified firm. These factors are not necessarily listed in order of priority. A. Overall experience and qualifications of the Offeror and proposed personnel B. Experience and/or credentials in providing the professional services required C. Performance of the Offeror as evaluated by the references supplied that are directly relatable to technical requirements for auxiliary support services supplied. D. Pricing. E. Past performance of the Offeror to meet levels of expectations by the University. F. Overall quality of the proposal relative to those offered by other prospective offerors. G. Quality of service that the Offeror is able to provide based on its current number of clients. Offerors are cautioned that this is a request for proposal, not a request to contract, and the University reserves the unqualified right to reject offers for any contract when such rejection is deemed to be in the best interest of the University. The award of a contract to one Offeror does not mean that the other proposals lack merit, but that with all factors considered, that proposal was most advantageous to the University. Requirements of this proposal are the minimum acceptable. Section 4.07 ELABORATE PROPOSALS Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the University we solicit your cooperation in this endeavor. It is desirable that all responses meet the following requirements: • All copies are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response. • Unless absolutely necessary, all submittals and copies should minimize or eliminate use of non- recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable. • Materials should be submitted in a format which allows for easy removal and recycling of paper material. Section 4.08 ORAL EXPLANATIONS The University at its option may request oral presentations, or discussions with any or all Offerors for the purpose of clarification or to amplify the material presented in any part of the technical proposal. However, Offerors are cautioned that the University is not required to request clarification; therefore, all proposals should be complete and concise and reflect the most favorable terms available from the Offeror. The University shall not be bound by oral explanations or instructions given at any time during the competitive process prior to award. Section 4.09 REFERENCE TO OTHER DATA Only information which is received in response to this RFP shall be evaluated; references to information previously submitted shall not be evaluated. 13 Section 4.10 RIGHT TO SUBMITTED MATERIALS All responses, inquiries, or correspondence relating to or in reference to this RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the Offerors shall become the property of The University when received. Section 4.11 COST OF PROPOSAL PREPARATION Any costs incurred by the Offeror in preparing or submitting proposals are the Offeror’s sole responsibility; the University shall not reimburse any Offeror for any costs incurred prior to award. Section 4.12 CONFIDENTIAL INFORMATION To promote maximum competition and to protect the public bidding procedure from being used to obtain information that would normally not be available otherwise, the University shall maintain the confidentiality of certain types of information (i.e., trade secrets) in accordance with North Carolina law. All such information which are intended to be kept confidential must be designated by the Contractor in writing “Confidential.” The obligations of non-disclosure shall not apply to the following: A. Information which, at the time of disclosure is in the public knowledge; B. Information which, after disclosure becomes part of the public knowledge by publication or otherwise, except by breach of this Agreement; C. Information which was in the possession of the University at the time of disclosure and which was not acquired, directly or indirectly by recipient from the disclosing party, and which prior possession can be proven by documentary evidence; D. Information received from third parties, provided such information was not obtained to their knowledge by said third parties, directly or indirectly, on a confidential basis; E. Information which is independently developed by the University’s personnel not privy to the Information. F. Information contained in the Pricing Schedule, Article VI. Section 4.13 ADVERTISING In submitting the proposal, the Offeror agrees not to use the results there from as a part of any news release or commercial advertising without prior written approval of the University. Section 4.14 TITLES Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect. Section 4.15 OFFEROR’S REPRESENTATIVE Offerors shall submit the name, address, and telephone number of the person(s) with the authority to bind the Offeror and answer questions or provide clarification concerning the Offeror’s proposal. Section 4.16 COMPETITIVE OFFER Under penalty of perjury, the signer of any proposal submitted in response to this RFP thereby certifies that its proposal has not been arrived at collusively or otherwise in violation of Federal or North Carolina antitrust laws. In submitting the proposal, the Offeror agrees not to discuss or otherwise reveal its technical or cost information to any other sources, government or private, until after the award of the contract. Offerors not in compliance with this provision may be disqualified. 14 Section 4.17 DECLINE TO OFFER Any Offeror which received a copy of the RFP through the mail, but which declines to make an offer is requested to send a formal “Decline to Offer” to the University. Failure to respond as requested may subject the Offeror to removal from consideration on future requirements. If the RFP is received electronically a formal “Decline to Offer” is not necessary. Section 4.18 AWARD OR REJECTION All qualified proposals will be evaluated and award made to that Offeror whose proposal is deemed to be the most advantageous to the University. The University reserves the unqualified right to reject any or all offers, waive any informality in the proposal and unless otherwise specified by the Offeror, to accept any item or part of the proposal if determined to be in the best interest of the University. Section 4.19 SUBCONTRACTING Offerors may propose to subcontract portions of the work provided that their proposals clearly indicate what work they plan to subcontract and to whom and that all information required about the prime contractor is also included for each proposed subcontractor. Section 4.20 PROPOSAL ACCEPTANCE PERIOD This proposal shall be binding upon the Offeror for sixty (60) calendar days following the bid opening date. Any proposal on which the Offeror shortens the acceptance period may be rejected. Section 4.21 HISTORICALLY UNDERUTILIZED BUSINESS Pursuant to G.S. 143-48 and Executive Order No. 150, the University invites and encourages participation in this procurement by businesses owned by minorities, women and the disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. Section 4.22 RECIPROCAL PREFERENCE This RFP and the resulting contract are subject to General Statute 143-59 which establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident Offerors. The “Principal Place of Business” is defined as the principal place from which the trade of business of the Offeror is directed or managed. Section 4.23 EXAMINATION OF CONDITIONS It shall be understood and mutually agreed that by submitting a proposal, the Offeror acknowledges that that they have carefully examined all pertinent documents, the general location, and has satisfied themselves as to the nature of the work to include if necessary the condition of existing buildings and their accessory structures; conformation of the ground; character, quality and quantity of the materials to be encountered; general and local conditions, construction hazards, parking and transportation requirements and all other matters which can in any way affect the work under the contract. It is further mutually agreed that by submitting a proposal the Offeror acknowledges that they have satisfied themselves as to the feasibility and meaning of these specifications and any associated documents relative to the work and that they accept all the terms, conditions and stipulations contained therein; and that they are prepared to work in cooperation with other Contractors or University employees performing work at any location on campus. 15 Section 4.24 PROTEST PROCEDURES When an Offeror wants to protest a contract awarded pursuant to this solicitation it must submit a written request to the Director, Material and Disbursement Services, University of North Carolina at Chapel Hill, 104 Airport Drive, Suite 2700, CB 1100, Chapel Hill NC 27599-1100. This request must be received in the University Purchasing Office within thirty (30) consecutive calendar days from the date of the contract award, and must contain specific sound reasons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Offerors may call the University to obtain an oral status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. Section 4.25 OUTSOURCING The Offeror must detail the manner in which it intends to utilize resources or workers located outside of the United States, and the University will evaluate the additional risks, costs and other factors associated with such utilization to make the award for this proposal as deemed by the awarding authority to be in the best interest of the University. For any proposed or actual utilization or contract performance outside of the United States, the Offeror’s proposal must include: a) The location of work performed under a state contract by the vendor, any subcontractors, employees, or other persons performing the contract. b) The corporate structure and location of corporate employees and activities of the vendors, its affiliates or any subcontractors. The University may initiate proceedings to debar a vendor from participation in the bid process and from contract award as authorized by North Carolina law, if it is determined that the Offeror has refused to disclose or has falsified any such information in its proposal. Section 4.26 INCREASES OR DECREASES TO CONTRACT The services included in this contract are listed in the appendices of this RFP with the Offeror providing individual contract price for the services therefore also designated. The University reserves the right to add or delete services as required. Any services added or deleted by the University shall result in an equitable adjustment to the contract price. If a service is added, the price shall be negotiated by the Contract Administrator and the Contractor and the price shall be prorated over the remainder of the term of the contract. If a service is deleted, the price shall be subtracted from the contractual amount due under this contract. 16 ARTICLE V INSURANCE REQUIREMENTS Section 5.01 CONTRACTOR'S OBLIGATION Contractor shall, at its own expense, obtain and maintain throughout the term of this agreement, at least the following policies of insurance from an insurance company duly authorized to do business in North Carolina: (a) Comprehensive general liability insurance insuring against loss arising from personal or bodily injury or death of any person and arising from property damage for occurrences on or in University property while conducting professional services. Such policy of insurance shall be issued by a company or companies with at least an "A" Best Rating or rating equivalent and qualified to do business in the State of North Carolina and with $1,000,000 combined single limit per occurrence for bodily injury and property damage and a $1,000,000 aggregate limit. (b) Automobile Liability insurance including $1,000,000 combined single limit per occurrence for bodily injury and property damage covering owned, not owned and hired vehicles. (c) Worker's compensation insurance, if required by applicable law, for all persons employed by company for any purpose on University property and company shall pay any and all contributions, taxes and costs of such insurance and benefits payable thereunder which are required to be withheld and/or paid by any employer under the provision of any applicable present or future law, ruling and regulation. Section 5.02 EVIDENCE OF INSURANCE Contractor shall provide copies of insurance binders (or certificates in lieu thereof) with respect to each of the insurance policies to be maintained, with the Technical Proposal. Each binder and policy required to be obtained and maintained pursuant to this Article V shall provide that it may not be amended, modified or canceled without a minimum of forty-five (45) days' notice to the University. 17 ARTICLE VI PRICING SCHEDULE Section 6.01 The Offeror shall propose the costs to furnish the services in accordance with this RFP. Award will be made to the Contractor(s) whose proposal is most advantageous to the University in accordance with Section 4.06. OPTION A: Shall be for a one (1) year with two (2) one (1) year options to renew contract. THE HOURS SHOWN ARE ONLY ESTIMATED HOURS. THE ACTUAL HOURS ORDERED MAY BE MORE OR LESS THAN THOSE SHOWN. A. UNC Football Event (Kenan Stadium Capacity: 50,500) 140 Auxiliary Personnel X 7.0 X = $ _________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 9 Area supervisors X 7.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 7.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total A $ __________ B. UNC Basketball Event Dean E. Smith Center (capacity: 217,750) 66 Auxiliary Personnel X 5.5 X = $ _________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 5 Area supervisors X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total B $ ___________ C. Olympic Sports Events 1. Carmichael Arena (capacity: 6,800) - The number of auxiliary personnel will vary from on an event by event basis. Women’s basketball, volleyball, wrestling and gymnastics are held in Carmichael Auditorium. 22 Auxiliary Personnel X 4.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-1 $ ___________ 18 2. Dorrance Field (capacity: 5,000) - The number of auxiliary personnel will vary on an event by event basis. Women’s soccer, men’s soccer, men’s lacrosse, and women’s lacrosse. 5 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-2 $ __________ 3. Karen Shelton Stadium (capacity: 1,000) – The number of auxiliary personnel will vary on an event by event basis. Field hockey and women’s lacrosse are held at Henry Stadium. 2 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-3 $ ___________ 4. Boshamer Stadium (capacity 4,000) - The number of auxiliary personnel will vary on an event by event basis. Baseball is held at Boshamer Stadium. 11 Auxiliary Personnel X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-4 $ __________ 5. Koury Natatorium (capacity 1,500) - The number of auxiliary personnel will vary on an event by event basis. Swimming and diving are held at Koury Natatorium. 3 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-5 $ ___________ 19 6. Anderson (softball) Stadium (capacity 500) - The number of auxiliary personnel will vary on an event by event basis. 2 Auxiliary Personnel X 3.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 3.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-6 $ ___________ 7. Eddie Smith Field House (capacity – 2,000) - The number of auxiliary personnel will vary on an event by event basis. Men’s and women’s indoor track is held at the Eddie Smith Field House. 6 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-7 $ __________ G. TOTAL FEES TOTAL FOR A – UNC FOOTBALL EVENT $ ____________ TOTAL FOR B – UNC BASKETBALL EVENT $ ____________ TOTAL FOR C-1 $ ____________ TOTAL FOR C-2 $ ____________ TOTAL FOR C-3 $ ____________ TOTAL FOR C-4 $ ____________ TOTAL FOR C-5 $ ____________ TOTAL FOR C-6 $ ____________ TOTAL FOR C-7 $ ____________ GRAND TOTAL $ ____________ Company Name: _________________________________ 20 OPTION B: Shall be for a two (2) year with two (2) two (2) year options to renew contract. THE HOURS SHOWN ARE ONLY ESTIMATED HOURS. THE ACTUAL HOURS ORDERED MAY BE MORE OR LESS THAN THOSE SHOWN. A. UNC Football Event (Kenan Stadium Capacity: 50,500) 140 Auxiliary Personnel X 7.0 X = $ _________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 9 Area supervisors X 7.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 7.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total A $ __________ B. UNC Basketball Event Dean E. Smith Center (capacity: 217,750) 66 Auxiliary Personnel X 5.5 X = $ _________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 5 Area supervisors X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total B $ ___________ C. Olympic Sports Events 1. Carmichael Arena (capacity: 6,800) - The number of auxiliary personnel will vary from on an event by event basis. Women’s basketball, volleyball, wrestling and gymnastics are held in Carmichael Auditorium. 22 Auxiliary Personnel X 4.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-1 $ ___________ 21 2. Dorrance Field (capacity: 5,000) - The number of auxiliary personnel will vary on an event by event basis. Women’s soccer, men’s soccer, men’s lacrosse, and women’s lacrosse. 5 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-2 $ __________ 3. Karen Shelton Stadium (capacity: 1,000) – The number of auxiliary personnel will vary on an event by event basis. Field hockey and women’s lacrosse are held at Henry Stadium. 2 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-3 $ ___________ 4. Boshamer Stadium (capacity 4,000) - The number of auxiliary personnel will vary on an event by event basis. Baseball is held at Boshamer Stadium. 11 Auxiliary Personnel X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-4 $ __________ 5. Koury Natatorium (capacity 1,500) - The number of auxiliary personnel will vary on an event by event basis. Swimming and diving are held at Koury Natatorium. 3 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-5 $ ___________ 22 6. Anderson (softball) Stadium (capacity 500) - The number of auxiliary personnel will vary on an event by event basis. 2 Auxiliary Personnel X 3.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 3.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-6 $ ___________ 7. Eddie Smith Field House (capacity – 2,000) - The number of auxiliary personnel will vary on an event by event basis. Men’s and women’s indoor track is held at the Eddie Smith Field House. 6 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-7 $ __________ G. TOTAL FEES TOTAL FOR A – UNC FOOTBALL EVENT $ ____________ TOTAL FOR B – UNC BASKETBALL EVENT $ ____________ TOTAL FOR C-1 $ ____________ TOTAL FOR C-2 $ ____________ TOTAL FOR C-3 $ ____________ TOTAL FOR C-4 $ ____________ TOTAL FOR C-5 $ ____________ TOTAL FOR C-6 $ ____________ TOTAL FOR C-7 $ ____________ GRAND TOTAL $ ____________ Company Name: _________________________________ 23 OPTION C: Shall be for a three (3) year with two (2) three (3) year options to renew contract. THE HOURS SHOWN ARE ONLY ESTIMATED HOURS. THE ACTUAL HOURS ORDERED MAY BE MORE OR LESS THAN THOSE SHOWN. A. UNC Football Event (Kenan Stadium Capacity: 50,500) 140 Auxiliary Personnel X 7.0 X = $ _________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 9 Area supervisors X 7.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 7.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total A $ __________ B. UNC Basketball Event Dean E. Smith Center (capacity: 217,750) 66 Auxiliary Personnel X 5.5 X = $ _________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 5 Area supervisors X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total B $ ___________ C. Olympic Sports Events 1. Carmichael Arena (capacity: 6,800) - The number of auxiliary personnel will vary from on an event by event basis. Women’s basketball, volleyball, wrestling and gymnastics are held in Carmichael Auditorium. 22 Auxiliary Personnel X 4.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-1 $ ___________ 24 2. Dorrance Field (capacity: 5,000) - The number of auxiliary personnel will vary on an event by event basis. Women’s soccer, men’s soccer, men’s lacrosse, and women’s lacrosse. 5 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-2 $ __________ 3. Karen Shelton Stadium (capacity: 1,000) – The number of auxiliary personnel will vary on an event by event basis. Field hockey and women’s lacrosse are held at Henry Stadium. 2 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-3 $ ___________ 4. Boshamer Stadium (capacity 4,000) - The number of auxiliary personnel will vary on an event by event basis. Baseball is held at Boshamer Stadium. 11 Auxiliary Personnel X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 5.5 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-4 $ __________ 5. Koury Natatorium (capacity 1,500) - The number of auxiliary personnel will vary on an event by event basis. Swimming and diving are held at Koury Natatorium. 3 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-5 $ ___________ 25 6. Anderson (softball) Stadium (capacity 500) - The number of auxiliary personnel will vary on an event by event basis. 2 Auxiliary Personnel X 3.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 3.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-6 $ ___________ 7. Eddie Smith Field House (capacity – 2,000) - The number of auxiliary personnel will vary on an event by event basis. Men’s and women’s indoor track is held at the Eddie Smith Field House. 6 Auxiliary Personnel X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) 1 Event supervisor X 4.0 X = $ __________ (# & Type Personnel) (# Hours) (Hourly Rate) (Rate Per Event) Total C-7 $ __________ G. TOTAL FEES TOTAL FOR A – UNC FOOTBALL EVENT $ ____________ TOTAL FOR B – UNC BASKETBALL EVENT $ ____________ TOTAL FOR C-1 $ ____________ TOTAL FOR C-2 $ ____________ TOTAL FOR C-3 $ ____________ TOTAL FOR C-4 $ ____________ TOTAL FOR C-5 $ ____________ TOTAL FOR C-6 $ ____________ TOTAL FOR C-7 $ ____________ GRAND TOTAL $ ____________ Company Name: _________________________________ 26 ARTICLE VII TERMS AND CONDITIONS THAT SHALL GOVERN THE CONTRACT Section 7.01 TERM This agreement shall be binding on both parties for the period stated on the purchase order and shall be dependent upon the pricing option chosen by the University to be most advantageous to the University at the time of award. The University shall have the option of extending the contract for the option periods called for under the option chosen from the pricing schedule. The University shall give the Contractor written notice of its intent to renew no less than ninety (90) days prior to the expiration and if the University elects to renew, the terms of said renewal shall be specified in writing as part of the written notice. Contractor shall respond within thirty (30) days of this notice with any exceptions or changes to the original contract terms. The exceptions shall be negotiated between the University and the Contractor during the remaining sixty (60) days of the notice period. If there are no exceptions taken or, upon mutual agreement of the parties concerning renewal terms, the Contractor shall sign the renewal notice and send it back to the University. The total term of this contract shall not exceed total number of years called for in the option chosen by the University from the pricing schedule. Section 7.02 GOVERNING LAW This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. Section 7.03 SITUS The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. Section 7.04 PAYMENT Invoices shall be submitted monthly and payment for services provided by the Contractor shall become due within thirty (30) days of receipt of an approved invoice from the Contractor. Invoices shall show the University’s purchase order number and shall be approved by the Contract Administrator. Overtime shall apply to any hours above 40 hours of service in a given week provided by a single representative of the Contractor for which the Contractor has received authorization from the University. Overtime shall be billed at 1.5 times the regular contract hourly rate for the specific service provided. Section 7.05 REGULATIONS The University and Contractor shall comply with all Federal, State and local laws, statutes, ordinances and regulations as applicable to this agreement. These shall include the rules, regulations, and interpretations of the North Carolina Department of Labor relative to Occupational Safety and Health Standards pertinent to the work specified herein. By signing and submitting a proposal, the Contractor certifies its compliance with all applicable local, state and federal laws and regulations including, but not limited to, the Omnibus Transportation Act of 1991 and its implementing regulations. At the request of the University, the Contractor shall provide evidence of compliance. 27 Section 7.06 DEFAULT Should the University determine that the Contractor is not satisfactorily providing services as outlined within this agreement, the University may, by written notice to the Contractor, demand that the Contractor provide the service(s) in question in a satisfactory manner. The Contractor shall respond via phone or fax within 24 hours after receipt of the cure notice to assure the Issuing Agency that the Contractor has the notice and understands the situation. If the Contractor fails to cure the problems detailed in the cure notice within the time specified in the notice, the University may terminate the entire contract or only the part of the contract in question. In the event the University terminates this contract as provided herein, it may procure, in such a manner as it deems reasonable and appropriate, such services as required by this agreement and the Contractor shall be liable for any cost for such services. However, if this agreement is terminated in part, the Contractor shall be required to continue the performance of this agreement to the extent not terminated under the provisions of this clause, while remaining liable for any cost of services obtained by the University to cover services canceled due to unsatisfactory services from the Contractor under this agreement. Section 7.07 TERMINATION The University may terminate this contract without penalty for any reason upon thirty (30) days written notice to the Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the University, become its property. If the contract is terminated by the University as provided herein, the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made. Section 7.08 INDEMNIFICATION AGREEMENT The Contractor shall indemnify the University against any and all liability, claims, and costs of whatsoever kind and nature, for injury to or death of any persons, for loss or damage to any property in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this agreement resulting in whole, or in part from the acts or omissions of the Contractor, or any employee, agent, or representative of the Contractor, and too, the Contractor shall pay all royalties and license fees and shall defend all suits or claims for infringement of any patent rights or copyright rights and shall save the University from loss on account thereof. Section 7.09 BANKRUPTCY Upon entry of a judgment of bankruptcy or insolvency by or against the Contractor, the University may terminate this contract for cause. Section 7.10 AFFIRMATIVE ACTION The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. 28 Section 7.11 CONTRACT DOCUMENT The contract shall be deemed to include, by incorporation, the following documents: a. The Contractor's technical and cost proposals to the extent not inconsistent with this RFP. b. This Request For Proposal. c. Any written amendments to the contract, which may be issued from time to time. d. The Purchase Order. In accordance with Section 4.01, to the extent the Contractor's proposal conflicts with this RFP, this RFP shall govern the conduct of the parties. Changes to the contract, or any of its terms and conditions, may be made only by written amendments stipulating the changes to be made and the effective date. Each amendment must be signed by both the Contractor and the University’s Purchasing Office. Section 7.12 APPROPRIATIONS The Contractor agrees and understands that payment as specified in the resulting contract for the period set forth herein, or any extensions or renewal thereof is dependent upon and subject to the appropriation, allocation or availability of funds for this purpose and the contract shall automatically terminate upon depletion of such funds. Section 7.13 INDEPENDENT CONTRACTOR The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the University. Section 7.14 ACCESS TO PERSONS AND RECORDS The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by the University in accordance with General Statute 147-64.7. Section 7.15 ASSIGNMENT No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by the University and solely as a convenience to the Contractor, the University may: A. Forward the Contractor's payment check directly to any person or entity designated by the Contractor, and B. Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check. In no event shall such approval and action obligate the University to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. Section 7.16 DEBARMENT STATUS By submitting a proposal, the Contractor certifies that it is not currently debarred from bidding on contracts by any agency of the State of North Carolina or any agency of the Federal Government, nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts by any agency of the State of North Carolina or any agency of the Federal Government. 29 Section 7.17 CONFIDENTIALITY The Contractor shall protect the confidentiality of any files, data or other materials provided by the University and shall restrict their use to purposes of performing the contract and none other. The Contractor shall take all steps necessary to safeguard any data, files, reports or other information from loss, destruction or erasure. Any costs or expenses of replacing or damages resulting from the loss of such data shall be borne by the Contractor when such loss or damage occurred through its negligence. Section 7.18 KEY PERSONNEL The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval from the University. The individuals designated as key personnel for the purposes of this contract are those specified in the Contractor’s proposal. Section 7.19 CARE OF PROPERTY The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by the University for this contract and will reimburse the University for loss of damage of such property. Section 7.20 COPYRIGHT The deliverable items produced in whole or in part under this agreement constitute a work for hire. The University shall own the deliverable items and all rights pertaining thereto; and the Contractor shall have no rights in and to said deliverables, nor shall any of said deliverable item(s) be the subject of an application for copyright by or on behalf of the Contractor. Should the deliverable items produced in whole or in part under this agreement not be "works for hire" as defined by the United States Copyright Act, the Contractor hereby assigns the copyright and all its right, title and interest in the deliverable items to the University. Section 7.21 WORK INSPECTION It is a condition of this contract that the work described herein shall be subject to inspection by the designated official representatives of the University, and those persons required by state law to test special work for official approval. Unless otherwise specified, work shall be inspected during the normal working hours of 8:00 A.M. to 4:00 P.M. Section 7.22 NON EXCLUSIVENESS OF CONTRACT At any point during the term of the contract the University reserves the right to enter into other contracts with this or other contractors for the same or similar services when it is deemed to be in the best interest of the University. 30 Section 7.23 CRIMINAL CONVICTIONS CHECKS This University is committed to providing a crime free environment for its faculty, staff and students. Due to the contractual requirements as set forth in Section III of this RFP, your personnel will have access to various areas of this University. The University reserves the right to require a criminal convictions check on owners, officers, employees and any other workers of the Contractor and their subcontractors at any time upon written request. The Contractor or the Contractor’s direct representative shall accompany all new employees to the jobsite and present them to the Contract Administrator. At that time, if a criminal convictions check has been requested the Contractor shall provide a criminal history (not a letter) including traffic records, by presenting a document from a reputable company providing statewide searches covering a minimum of the last seven (7) years to the Contract Administrator. The criminal history shall match the name on the government issued picture identification card. Out of state searches shall be required for persons living in the state of North Carolina for less than seven (7) years. The names, addresses and birth dates of each person that enters University property (including the owners and subcontracts) in the performance of this contract shall be supplied with the criminal history on company letterhead signed by a representative duly authorized to sign on behalf of the company. This history shall be provided to the Contract Administrator at least twenty-four (24) hours prior to any person performing work under this contract. Persons without this criminal history may be turned away and not allowed to work on any property owned or utilized by the University until proper documentation is submitted and approved by the Contract Administrator. The University reserves the right to keep any person from being assigned to work on its property if that person (1) has been convicted of a criminal offense since the age of eighteen (18), or (2) been found at any time to have an outstanding warrant or a pending court case, or, (3) if related to his/her work at the University, has current habitual problems with traffic related issues such as no driver’s license, no vehicle tags, and/or no insurance. The Contractor must disclose the criminal convictions records of all persons proposed to work on campus with the designated university official. During the term of this contract, the Contractor shall comply with these procedures for any new owner, officer, employee and any other worker of the Contractor and their subcontractors upon proper written notification by the Contract Administrator. The Contract Administrator shall maintain all criminal convictions checks in a secure locked container for the term of the contract. At the end of the contract period the Contract Administrator shall ensure that the files have been returned to Contractor or destroyed in such a manner as to prevent disclosure of any kind. 31 EXECUTION OF PROPOSAL TITLE: AUXILIARY EVENT PERSONNEL SERVICES CONTRACT FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PROPOSAL NUMBER: 3000008343 Certification: By executing this proposal, the signer certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class 1 felony. Will any of the work under this contract be performed outside of the United States? _____ Yes _____ No If your answer was yes, then in your technical proposal you shall describe in detail what part of the work will be performed outside of the United States as well as what percentage of the total contract that work represents by completing the attached document entitled “WHERE SERVICE CONTRACTS WILL BE PERFORMED”. FIRM NAME:_________________________________________________________________________ ADDRESS:___________________________________________________________________________ CITY, STATE, ZIP CODE:______________________________________________________________ PHONE NUMBER:___________________________ FAX NUMBER:___________________________ FEDERAL TAX IDENTIFICATION NUMBER:____________________________________________ PRINCIPAL PLACE OF BUSINESS IF DIFFERENT FROM ABOVE:_________________________ ______________________________________________________________________________________ NAME:___________________________________ TITLE:___________________________________ SIGNATURE (IN INK):_______________________________ DATE:_________________________ EMAIL ADDRESS:_____________________________________________________________________ THIS PAGE AND THE ONE FOLLOWING MUST BE COMPLETELY FILLED OUT, SIGNED AND RETURNED WITHIN YOUR TECHNICAL PROPOSAL. UNSIGNED PROPOSALS SHALL NOT BE CONSIDERED. 32 WHERE SERVICE CONTRACTS WILL BE PERFORMED In accordance with NC General Statute 143-59.4 (Session Law 2005-169), this form is to be completed and submitted with the Offeror’s Technical Proposal. TITLE: AUXILIARY EVENT PERSONNEL SERVICES CONTRACT FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PROPOSAL NUMBER: 3000008343 ISSUING AGENCY: UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PURCHASING SERVICES 104 AIRPORT DRIVE, SUITE 2700 CHAPEL HILL, NORTH CAROLINA 27599-1100 ATTENTION: Mr. Mark Sillman Phone: 919.962.9463 Email: mark_sillman@unc.edu FIRM NAME:___________________________________________________________________ ADDRESS:______________________________________________________________________ CITY, STATE, ZIP CODE:________________________________________________________ Location(s) from which services will be performed by the contractor: Service City/Province/State Country _____________________________ _________________ _______ _____________________________ _________________ _______ Location(s) from which services are anticipated to be performed outside the U.S. by the contractor: _____________________________ _________________ ________ _____________________________ _________________ ________ Location(s) from which services will be performed by subcontractor(s): Service Subcontractor City/Province/State Country _____________________________ ___________ _________________ ______ _____________________________ ___________ _________________ ______ Location(s) from which services are anticipated to be performed outside the U.S. by the subcontractor(s): _____________________________ ___________ _________________ ______ _____________________________ ___________ _________________ ______ (Attach additional pages if necessary.) mailto:mark_sillman@unc.edu 33 CRIMINAL BACKGROUND STATEMENT TITLE: AUXILIARY EVENT PERSONNEL SERVICES CONTRACT FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PROPOSAL NUMBER: 3000008343 The Offeror hereby certifies that it performs and maintains criminal background checks on all employees and will not allow any contractor employees to work on University/Endowment property that has a criminal background without first notifying and obtaining approval from the contract administrator. FIRM NAME:_________________________________________________________________________ NAME:___________________________________ TITLE:___________________________________ SIGNATURE (IN INK):_______________________________ DATE:_________________________ ______________________________________________________________________________________ THIS PAGE MUST BE COMPLETELY FILLED OUT, SIGNED AND RETURNED WITHIN YOUR TECHNICAL PROPOSAL. Failure to include this information in the technical proposal may disqualify an Offeror as a potential Contractor.