2-001 26004897 ATM RFP - 2026 - MAF.pdf

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Request for Proposals

RFP 26004897

for

ATM Concessionaire

Proposals for this requirement will be accepted until 2:00 P.M. on August 5, 2026

Proposals May be Mailed or Delivered to:

City Secretary City of Midland

Suite 330

P.O. BOX 1152

Midland, Texas 79702-1153 (300 N. Loraine, Suite 330 Midland, TX 79701)

No Late Proposals Will Be Accepted

NOTICE TO PROPOSERS:

1. IMPORTANT NOTICE – IF THE CONTRACT DOCUMENTS REQUIRE WORKER’S COMPENSATION INSURANCE, PROPOSER/CONTRACTOR MUST CARRY WORKER’S COMPENSATION INSURANCE TO BE ELIGIBLE FOR THIS CONTRACT. IF YOU CANNOT PROVIDE WORKER’S COMPENSATION INSURANCE AS REQUIRED BY STATE OF TEXAS STATUTE WE RESPECTFULLY

REQUEST THAT YOU “NO BID” THIS WORK

2. COMPLIANCE. – COMPANY AGREES THAT IT SHALL COMPLY WITH TEXAS GOVERNMENT CODE SECTION 2252.908, ET SEQ., AS AMENDED. COMPANY AGREES THAT IT SHALL COMPLY WITH TEXAS LOCAL GOVERNMENT CODE SECTION 176.006, ET SEQ., AS

AMENDED.

3. PUBLIC INFORMATION. TO THE EXTENT THAT PROPOSER IS SUBMITTING A PROPOSAL FOR A CONTRACT DESCRIBED BY SECTION 552.371 OF THE TEXAS GOVERNMENT CODE, PROPOSER AGREES AS FOLLOWS IN ACCORDANCE WITH SECTION 552.372(B) OF THE TEXAS GOVERNMENT CODE: THE REQUIREMENTS OF SUBCHAPTER J, CHAPTER 552, GOVERNMENT CODE, MAY APPLY TO THIS PROPOSAL, AND THE CONTRACTOR OR VENDOR AGREES THAT THE CONTRACT CAN BE TERMINATED IF THE CONTRACTOR OR VENDOR KNOWINGLY OR INTENTIONALLY FAILS TO COMPLY WITH A REQUIREMENT OF THAT SUBCHAPTER.

See Section 1.9 for Pre-proposal Meeting Information

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TABLE OF CONTENTS

Page SCHEDULE OF EVENTS ................................................................................................................................iii Special Terms and Conditions ........................................................................................................................... iv

1. General Information

2. Proposal Waivers:

3. Scope Of Project

4. Requirements

5. Narrative

6. Vendor Qualifications

7. Evaluation Process

8. Proposal Contents

EXECUTION OF OFFER

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SCHEDULE OF EVENTS

RFP 24004897

For ATM Concessionaire

Event Date* RFP Released .............................................................................................................. July 1, 2026 Cutoff Date for inquiries and clarification………………………………………….. July 29, 2026 Proposal Due Date ...................................................................................................... August 5, 2026 Notification of Vendor Interviews / Product Demonstrations .................................... TBD Intended Date for Contract Award .............................................................................. TBD

*These dates are our intended schedule; however, they may be changed as necessary without further notice.

NOTE:

From the issuance date of this RFP until a Contractor(s) is selected, all verbal communication is not binding.

The City will only be bound by written comments submitted by the Purchasing Office.

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SPECIAL TERMS AND CONDITIONS

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June 25, 2026

Proposal Requirements /Terms

1. Unless otherwise called for, the number of copies specified in the RFP, shall be submitted typewritten or printed in ink. Many Requests for Proposals are in a word format that can be completed on your computer and will be noted on the cover page if available.

2. Each proposal should be placed in a separate envelope completely and properly identified with the RFP number, due time and date. Proposal must be time stamped at the appointed receipt location before the hour and date specified for the proposal receipt.

Responsibility for having the proposal properly marked and to the opening location by the specified date and time is solely the offeror’s.

All copies of the proposal may be delivered in the same box/package.

3. Any Proposal may be withdrawn in writing prior to the date and time set for receipt of proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a minimum period as stated in the RFP following the final acceptance date, to provide the commodity or service set forth in the attached specifications, or until a selection has been made by the City.

4. Late proposals will not be accepted under any circumstances.

5. Proposal should give full firm name and address of Offeror. Failure to manually sign the proposal will disqualify it. The person signing the proposal should show title or authority to bind his/her firm in contract. Insert your Federal Employer’s Identification Number _____________________ or Sole owner should enter SSN ______-____-______.

6. Purchases made for City use are exempt from State Sales Tax and Federal Excise Tax.

Do not include tax in your proposal. Tax exemption certificates will be furnished by the City upon request.

7. Telephone proposals are not acceptable when in response to an RFP.

Conditions The City of Midland is requesting proposals with the intent of awarding a contract for the requirement contained in this RFP. However, the City is not obligated to award a contract on this solicitation and reserves the right to reject any and all proposals and award the proposal to best serve the interests of the City.

1. Offerors electing to respond to this RFP are responsible for all costs of proposal preparation. The City is not liable for any costs incurred by a offeror in response to this RFP.

2. No public disclosures or news releases pertaining to this RFP shall be made without prior written approval from purchasing.

3. In case of a tie between two or more offerors, the award will be made in accordance with preferences as outlined by statute.

4. The Offeror agrees to protect the City from claims involving infringement of patents or copyrights.

5. The Offeror hereby assigns to Purchaser, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq.

1973 and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

6. No substitutions or cancellation permitted without the written approval of the City Purchasing Agent. Deliveries made pursuant to a resulting contract shall be made during normal working hours only, unless approval for late delivery has been obtained.

7. Contractor shall submit two copies of an itemized invoice to Accounts Payable, The City of Midland, Texas, P.O. Box 1152, Midland Texas 79702.

Each copy of the invoice shall reference the P.O. and the RFP numbers.

8. In the event of a conflict between the standard proposal requirements and conditions and the attached detail specification, the detail specifications shall govern.

9. Governing Law & Venue: This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any disputes or lawsuits arising from the performance of this contract shall be exclusively in Midland County, Texas. The parties agree that all performance under this contract shall take place in Midland, County, Texas. The Contractor and City agree that all payments made under this contract shall take place in Midland County, Texas.

10. This obligation and undertakings of each of the parties to this contract shall be deemed to have been performed in Midland County, Texas.

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1. GENERAL INFORMATION

1.1. INTRODUCTION

The City of Midland, Midland International Air & Space Port (hereinafter referred to as "the City") is pleased to invite you to submit a proposal for ATM Concessionaire as specified herein.

Proposals submitted in response to the specifications contained herein shall comply with the following instructions and procedures.

Request for Proposal Standard Information

This Request for Proposal (RFP) is issued in accordance with City of Midland Policy, the RFP Manual and the statutes of the State of Texas. The RFP process is a procurement option allowing the award to be evaluated based on stated criteria. The RFP states the relative importance of all criteria. No other criteria, other than as outlined in the Request for Proposal, will be used.

1.2. INITIAL EVALUATION

Upon receipt, the proposal information will be disclosed only to persons participating in the evaluation or contracting process until the proposal has been reviewed and all marked trade secrets have been removed (see “Trade Secrets and Other Withheld Information” statement below). After this review, all remaining proposal materials will be available under the open records act. The proposals will be initially evaluated by the committee as being “responsive” or “non-responsive”.

1.3. DISCUSSION/NEGOTIATION

Although proposals may be accepted and a contract awarded without discussion, the City may initiate discussions should clarification or negotiation be necessary. Offerors should be prepared to send qualified personnel to Midland, Texas to discuss technical and contractual aspects of the proposal.

1.4. BEST AND FINAL OFFER

The "Best and Final Offer" is an option available to the City under the RFP process allowing one or more offerors to submit a best and final offer. Offerors may be contacted, asking that they submit their best and final offer, which must include the discussed and/or negotiated changes.

1.5. AWARD

1.5.1. If the Contract is awarded, it will be awarded to either the lowest responsible bidder, or to the bidder who provides goods or services at the best value for the City of Midland. In determining the best value for the City of Midland, the City of Midland may consider the criteria enumerated in Section 252.043 of the Texas Local Government Code.

1.6. TRADE SECRETS

1.6.1. All information received in response to this RFP will be available to the public except for:

1.6.1.1. trade secrets meeting the requirements of Texas Government Code Title 5, Chapter

552, Subchapter C, § 552.110; and

1.6.1.2. matters involving individual safety as determined by the department.

1.6.2. In order for an offeror to claim trade secret material, the following conditions must be met. Information to be withheld must be clearly marked and separated from the rest of the proposal.

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1.6.2.1. The proposal may not contain trade secret matter in the cost or price.

1.6.2.2. An affidavit from the offeror’s legal counsel attesting to and explaining the validity of the trade secret claim must be attached to each proposal containing trade secrets. In addition, offerors submitting a proposal containing trade secrets must be prepared to pay all legal costs and fees associated with defending the claim for trade secret protection in the event of an open records request from another party.

1.6.3. Documents not meeting all of the requirements of (1) and (2) will be available for public inspection, including copyrighted materials.

1.7. LATE PROPOSALS

Proposals received after the time specified for receipt of proposals will be destroyed or returned at the offeror’s expense after consultation with the offeror. There are no exceptions to this deadline.

1.8. PREPARING A RESPONSE

This RFP contains the instructions governing the proposals to be submitted and a description of the mandatory requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. Compliance with the intent of a mandatory requirement will be determined by the Purchasing Office. When imperative language (shall, will, must) appears in any section of the RFP, it is considered to be mandatory.

1.8.1. Offerors shall promptly notify the City of any ambiguity, inconsistency or error, which they may discover upon examination of this RFP.

1.9. CLARIFICATION/ INTERPRETATION

Offerors requiring clarification or interpretation of any section or sections contained in this RFP shall make a written request to the City Purchasing Agent by the deadline described in the Schedule of Events. All written correspondence must be addressed to:

The City Of Midland FAX: (432) 685-0523 Office of the Purchasing Agent OR P.O. Box 1152 e-mail: purchasing@midlandtexas.gov

Midland, TX 79702

1.10. FORMAT FOR INQUIRIES:

Each offeror submitting written questions must clearly address each question by reference to a specific section, page and item of this RFP. An official written answer will be provided to all questions received. Verbal responses shall not be considered binding.

1.11. INTERPRETATION:

Any interpretation, correction or change of this RFP will be made by written Addendum.

Interpretations, corrections or changes of this RFP made in any other manner will not be binding and offerors shall not rely upon such interpretations, corrections or changes.

The City of Midland Purchasing Office will issue any necessary Addenda.

A point-by-point response to all numbered sections, subsections, paragraphs, subparagraphs and appendices must be submitted by each offeror in order to be considered for selection.

1.12. PROPOSAL ORGANIZATION AND SUBMISSION

Offerors must organize proposals into sections following the format of this RFP, with tabs separating each section. If no exception, explanation, or clarification is required in the offeror's response to a specific subsection, the offeror shall indicate so in the point-by-point response with

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“(Offeror’s Name)", understands and will comply.

1.13. SUBMITTING A SEALED PROPOSAL

1.13.1. Number of copies and Location:

1.13.1.1. Offerors must submit one original, 2 hard copies and one (1) soft copy (PDF or

Word) to the City Secretary. Sealed Proposals must be received by the date before the time stated on the face of the Request for Proposal Cover Page, local time. Sealed Proposals received after this time will not be accepted for consideration. Facsimile copies are not acceptable.

1.13.1.2. Please be sure to label the outermost package of the RFP whether it is an envelope, box or overnight package with the RFP number, RFP description and closing date so that it is visible when received by the City.

1.13.2. Each Offeror who submits a proposal represents that:

1.13.2.1. The proposal is based upon an understanding of the specifications and requirements described in this RFP.

1.13.2.2. Costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offerors in the preparation and presentation of their proposals.

1.13.2.3. All materials submitted in response to this RFP become the property of the City and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process.

1.13.3. The proposals must be signed in ink by an individual authorized to legally bind the business submitting the proposal.

1.13.4. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 day period following the deadline for proposal submission, or receipt of best and final offer, if required, as defined in the Schedule of Events, and offeror so agrees in submitting the proposal.

1.14. RIGHTS RESERVED

While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Midland to award a contract. Upon a determination, such actions would be in its best interests, the City in its sole discretion reserves the right to:

A) waive any formality;

b) cancel or terminate this RFP;

c) reject any or all proposals received in response to this document;

d) waive any undesirable, inconsequential, or inconsistent provisions of this document, which would not have significant impact on any proposal; not award, or if awarded, terminate any contract if the City determines adequate City funds are not available.

1.15. OFFEROR INTERVIEW / PRODUCT DEMONSTRATION

After receipt of all proposals and before the determination of the award, respondents may be required to make an oral presentation and product demonstration in Midland, Texas to clarify their response or to further define their offer. Oral presentations and product demonstrations, if requested, shall be at the offeror’s expense.

1.16. SUBCONTRACTING

1.16.1. The successful offeror will be the Prime Contractor and shall be responsible, in

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The City reserves the right to approve all subcontractors.

1.16.2. The contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City.

1.17. INSURANCE REQUIREMENTS

The successful Offeror shall maintain insurance coverage throughout the term of the Agreement and provide certificates of insurance upon request by the City.

At a minimum, the successful Offeror shall maintain:

• Workers' Compensation Insurance as required by Texas law;

• Commercial General Liability Insurance;

• Commercial Automobile Liability Insurance (if applicable);

• Cyber Liability Insurance;

• Any additional insurance required by the Agreement.

The City of Midland shall be named as an Additional Insured where required by the Agreement.

All insurance shall be provided by carriers authorized to do business in the State of Texas and shall remain in full force and effect for the duration of the contract.

Detailed insurance requirements are contained in the Agreement and must be satisfied prior to commencement of services.

1.18. CONTRACTOR'S RESPONSIBILITIES

The successful offeror shall keep informed of, and shall comply with all applicable laws, ordinances, rules, regulations and orders of the City, County, State, Federal or public bodies having jurisdiction affecting any work to be done to provide the services required. The offeror shall provide all necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

1.19. OFFEROR COMPETITION

The City encourages free and open competition among offerors. Whenever possible, specifications, proposal requests and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services.

The offeror's signature on a proposal in response to this RFP guarantees that the prices quoted have been established without collusion of other eligible offerors and without effort to preclude the City of Midland from obtaining the best possible price.

1.20. CONTRACT PROVISIONS AND TERMS

1.20.1. Contract Execution

1.20.1.1. The City will execute a contract with the successful offeror(s). The City requires that the RFP and the terms and conditions attached to it, the offeror’s response, the best and final offer (if required), and any formal addenda to the RFP be included as part of any contract documents.

1.20.2. Terms and Conditions

1.20.3. The successful Offeror shall enter into a Concession Agreement prepared by the City of

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1.20.4. Exceptions to Contract Terms & Conditions

Offerors should notify the City of any terms within the sample contract that either precludes them from responding to the RFP or add unnecessary cost.

1.20.5. The initial contract(s) is for a period of one 5 year term. Renewals of the contract may be made at one year intervals, not to exceed a total of (7) seven years, at the City's option.

1.20.6. Escalation

Annual pricing adjustments to contract extensions following the initial contract term, if applicable, shall not exceed seventy-five percent (75%) of the rate of increase in the cost of living as reflected in the Federal Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (1982-84=100; through November 1991 = 137.8) or any other index which may be substituted in the future. The CPI for the latest twelve (12) month period of the contract will be the CPI base on which later adjustments are computed. Each time an adjustment is made, the earlier CPI base will be replaced by the adjusted CPI base. The percentage of adjustment to contract prices shall in no event exceed the percentage change in the index.

2. PROPOSAL WAIVERS:

2.1. WAIVER OF ATTORNEY FEES: BY SUBMITTING THIS PROPOSAL,

OFFEROR AGREES TO WAIVE AND DOES HEREBY KNOWINGLY,

CONCLUSIVELY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY

CLAIM IT HAS OR MAY HAVE IN THE FUTURE AGAINST CITY

REGARDING THE AWARD OR ATTORNEY’S FEES, WHICH ARE IN ANY

WAY RELATED TO THIS PROPOSAL, OR THE CONSTRUCTION,

INTERPRETATION OR BREACH OF THIS PROPOSAL. OFFEREOR

SPECIFICALLY AGREES THAT IF OFFEROR BRINGS OR COMMENCES

ANY LEGAL ACTION OR PROCEEDING RELATED TO THIS PROPOSAL,

THE CONSTRUCTION, INTERPRETATION, VALIDITY OR BREACH OF

THIS PROPOSAL, INCLUDING, BUT NOT LIMITED TO, ANY ACTION

PURSUANT TO THE PROVISIONS OF THE TEXAS UNIFORM

DECLARATORY JUDGMENTS ACT (TEXAS CIVIL PRACTICE AND

REMEDIES CODE SECTION 37.001, ET SEQ., AS AMENDED), OR CHAPTER

271 OF THE TEXAS LOCAL GOVERNMENT CODE, OFFEROR AGREES TO

ABANDON, WAIVE AND RELINQUISH ANY AND ALL RIGHTS TO THE

RECOVERY OF ATTORNEY’S FEES TO WHICH OFFEROR MIGHT

OTHERWISE BE ENTITLED.

2.2. OFFEROR AGREES THAT THIS IS THE VOLUNTARY AND INTENTIONAL

RELINQUISHMENT AND ABANDONMENT OF A PRESENTLY-EXISTING

KNOWN RIGHT. OFFEROR ACKNOWLEDGES THAT IT UNDERSTANDS

ALL TERMS AND CONDITIONS OF THIS PROPOSAL. OFFEROR FURTHER

ACKNOWLEDGES AND AGREES THAT THERE WAS AND IS NO

DISPARITY OF BARGAINING POWER BETWEEN CITY AND OFFEROR.

THIS SECTION SHALL NOT BE CONSTRUED OR INTERPRETED AS A

WAIVER OR GOVERNMENTAL IMMUNITY AND SHALL SURVIVE THE

TERMINATION OF THE CONTRACT.

2.3. OFFEROR IS RELYING ON ITS OWN JUDGMENT. OFFEROR HAD THE

OPPORTUNITY TO DISCUSS THESE PROPOSAL DOCUMENTS WITH

COMPETENT LEGAL COUNSEL PRIOR TO SUBMISSION OF THE

PROPOSAL OR EXECUTION OF THE CONTRACT.

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2.4. WAIVER:

2.5. BY SUBMITTING A PROPOSAL, THE OFFEROR AGREES TO WAIVE AND

DOES HEREBY VOLUNTARILY AND INTENTIONALLY WAIVE, ABANDON

AND RELINQUISH ANY CLAIM THE OFFEROR HAS OR MAY HAVE IN THE

FUTURE AGAINST THE CITY OF MIDLAND, TEXAS, AND THE CITY’S

EMPLOYEES, AGENTS AND OFFICERS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE FOLLOWING:

2.5.1. THE ADMINISTRATION, EVALUATION OR RECOMMENDATION OF ANY

PROPOSAL;

2.5.2. WAIVER OR DELETION OF ANY OF THE REQUIREMENTS UNDER THE

PROPOSAL DOCUMENTS OR THE CONTRACT DOCUMENTS;

2.5.3. ACCEPTANCE OR REJECTION OF ANY PROPOSALS; OR

2.5.4. AWARD OF THE CONTRACT.

2.6. BY SUBMITTING A PROPOSAL, THE OFFEROR ACKNOWLEDGES THAT

THE OFFEROR UNDERSTANDS ALL OF THE TERMS OF THE PROPOSAL

DOCUMENTS AND CONSENTS TO THE PROPOSAL PROCESS AND THE

POSSIBILITY OF A NEGATIVE ASSESSMENT. BY SUBMITTING A

PROPOSAL, THE OFFEROR ACKNOWLEDGES AND AGREES THAT THERE

WAS AND IS NO DISPARITY OF BARGAINING POWER BETWEEN THE

OFFEROR AND THE CITY OF MIDLAND, TEXAS. THE OFFEROR AGREES

THAT THIS IS THE INTENTIONAL RELINQUISHMENT OF A PRESENTLY

EXISTING KNOWN RIGHT. BY SIGNING THE PROPOSAL AND/OR BELOW,

YOUR COMPANY AGREES TO THE ABOVE WAIVER(S).

2.7. BY SIGNING THE EXECUTION OF OFFER, YOUR COMPANY AGREES TO

THE ABOVE WAIVER(S). IF THIS FORM IS NOT SIGNED AND INCLUDED

WITH YOUR PROPOSAL DOCUMENTS YOUR PROPOSAL WILL BE

CONSIDERED NON-RESPONSIVE AND WILL BE REJECTED.

3. SCOPE OF PROJECT

Option A (Full Service): The vendor will oversee the installation, operation, and maintenance of the system.

4. REQUIREMENTS

4.1. GENERAL

4.1.1.The successful Offeror shall provide, install, operate, maintain, and support Automated Teller Machine (ATM) services at Midland International Air & Space Port (MAF).

4.2. ATM SERVICES

4.2.1. Offeror shall provide and maintain a minimum of two ATM machines at locations designated by the Airport.

4.2.2.ATM equipment shall be commercial-grade, ADA compliant, and capable of accepting major debit and credit card transactions.

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4.2.3. Offeror shall be responsible for all installation, operation, maintenance, repairs, software updates, monitoring, and replacement of ATM equipment as necessary.

4.2.4.Offeror shall maintain ATM availability and respond to service interruptions within twenty-four (24) hours.

4.3. CASH MANAGEMENT AND SECURITY

4.3.1.Offeror shall be responsible for cash replenishment, transaction processing, and compliance with all applicable banking, PCI, cybersecurity, and financial security requirements.

4.3.2.Offeror shall protect customer information and maintain appropriate safeguards for transaction security.

4.4. REPORTING

4.4.1.Offeror shall provide monthly reports detailing ATM activity, equipment downtime, maintenance activity, and revenue information necessary to verify compensation due to the City.

4.5. SUBCONTRACTORS

4.5.1.Offerors shall identify all subcontractors and third-party service providers proposed for use under this contract.

4.5.2.The successful Offeror shall remain responsible for all services performed by subcontractors.

4.6. INSURANCE

4.6.1.The successful Offeror shall maintain insurance coverage as required by this RFP, the Agreement, and applicable law.

4.7. AIRPORT REQUIREMENTS

4.7.1.Offeror, its employees, agents, and subcontractors shall comply with all Airport security, safety, badging, and operational requirements.

4.8. COMPENSATION PROPOSAL

4.8.1.Offerors shall clearly identify the compensation proposed to the City, including any revenue-sharing arrangement, commission percentage, minimum annual guarantee, fixed fee, or other compensation methodology.

5. NARRATIVE

The City of Midland is seeking proposals from qualified firms to provide ATM concession services at Midland International Air & Space Port (MAF).

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Offerors shall describe their proposed ATM program, including equipment, maintenance procedures, cash replenishment procedures, customer service capabilities, security measures, reporting capabilities, and experience operating similar services at airports or other public facilities.

Offerors shall also clearly identify the compensation proposed to the City, including any revenue-sharing arrangement, commission percentage, minimum annual guarantee, fixed fee, or other compensation methodology.

The City intends to award a contract to the Offeror whose proposal is determined to provide the best value to the City.

5. VENDOR QUALIFICATIONS

5.1. INFORMATION VERIFICATION

The City may make such investigations as deemed necessary to determine the ability of the offeror to supply the products and perform the services specified.

5.2. RIGHT TO REJECT

The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, the offeror fails to satisfy the City that offeror is properly qualified to carry out the obligations of the contract.

5.3. VENDOR CAPABILITIES

In determining the capabilities of an offeror to perform the services specified herein, the following informational requirements must be met by the offeror and will be weighed by the City. (Note: Each item must be thoroughly addressed. Taking exception to any requirements listed in this Section may disqualify the proposal):

5.3.1. References

5.3.2. These references should include airports, transportation facilities, governmental entities, universities, hospitals, convention centers, or other public venues where the Offeror has successfully provided ATM concession services within the last five (5) years.

References should identify the number of ATM locations operated, length of contract, and any revenue-sharing or concession arrangements associated with the services provided.

5.3.3. Vendor Stability

5.3.3.1. Offerors shall demonstrate their financial stability and capability to provide, install, operate, maintain, and support the ATM services specified in this RFP.

5.3.3.2. Provide financial statements, preferably audited, for the two consecutive years immediately preceding the issuance of this RFP.

5.3.3.3. Provide copies of any financial statements that have been prepared since the end of the period reported by the most recent annual financial statement.

5.3.3.4. Offerors shall specify how long the company submitting the proposal has been in business and how many years it has provided ATM Concessions.

6. EVALUATION PROCESS

6.1. EVALUATION PROCEDURE

6.1.1. Committee Actions

6.1.1.1. The evaluation committee will separate proposals into “responsive” and “non-responsive” proposals. Non-responsive proposals will be eliminated from further

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6.1.1.2. The evaluation committee will evaluate the remaining proposals and determine whether to award the contract to the best proposal or to seek a best and final offer before awarding a contract. Selection and award will be based on the offeror’s proposal and other items outlined in this RFP.

6.1.1.3 The City reserves the right to request clarification, additional information, interviews, presentations, and references as necessary

6.2 .EVALUATION CRITERIA

The evaluation committee will review and evaluate the offers according to the following criteria:

6.2.1 Company Experience and Qualifications (25 Points)

6.2.2 Operational and Maintenance Plan (20 Points)

6.2.3 Revenue Proposal / Financial Benefit to the City (30 Points)

6.2.4 Financial Stability (10 Points)

6.2.5 References (10 Points)

6.2.6 Compliance with RFP Requirements and Proposal Completeness (5 Points)

Total Possible Points: 100

The City reserves the right to award a contract to the Offeror determined to provide the best value to the City. In determining best value, the City may consider the criteria authorized by Section 252.043 of the Texas Local Government Code.

7. PROPOSAL CONTENTS

The following items constitute the RFP submittal in response to the request herein:

7.1. THE RFP

A completed copy of this RFP, including all required responses.

7.2. REVENUE PROPOSAL

Offeror shall provide its proposed compensation to the City, including any revenue-sharing arrangement, commission percentage, minimum annual guarantee, fixed fee, or other compensation methodology.

7.3 REQUESTED ATTACHMENTS

7.3.1. COMPANY PROFILE AND QUALIFICATIONS

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7.3.2. References

7.3.3. Operational and Maintenance Plan

7.3.4. Financial Information

7.3.5. Subcontractors

7.3.6. Signed Execution of Offer

8. TEXAS PUBLIC INFORMATION ACT

Notwithstanding any other provisions, this request for proposals, along with any associated contract, is subject to the Texas Public Information Act.

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EXECUTION OF OFFER

Date:

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

By executing this offer, Offeror affirms that he/she has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts, and the Offeror shall be removed from all proposal lists.

By the signature hereon affixed, the Offeror hereby certifies that neither the Offeror or the firm, corporation, or institution represented by the Offeror or anyone acting for such firm, corporation, or institution has violate the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer being made to any competitor or any other person in such line of business. By signing this offer, Offeror certifies that if a Texas address is shown as the address of the Offeror, Offeror qualifies as a Texas Resident Offeror as defined in Rule 1 TAC 113.8.

This offer consists of pages number 1 through .

Offeror/ COMPANY:

SIGNATURE (INK):

NAME: (TYPED/PRINTED)

TITLE:

STREET:

CITY/STATE/ZIP:

TELEPHONE: FAX:

E-MAIL ADDRESS:

ATM CONCESSIONAIRE CONTRACT

26004897

THIS CONTRACT, effective this ___ day of ________ 202_ (the “Effective Date”), by and between the City of Midland, Texas (“City”), and ___________ (“Contractor”). City and

Contractor are collectively referred to herein as the “Parties” and individually as a “Party.”

RECITALS

WHEREAS, City owns and operates Midland International Air & Space Port (the

“Airport”); and

WHEREAS, City desires to provide convenient access to automated teller machine (ATM) services for passengers, visitors, tenants, and other users of the Airport; and

WHEREAS, Contractor is in the business of providing, operating, maintaining, and servicing ATMs and desires to provide ATM services at the Airport in accordance with the terms of this Contract; and

WHEREAS, City desires to grant Contractor the right to install, operate, and maintain ATM equipment at designated locations within the Airport, and Contractor desires to accept such rights subject to the terms and conditions of this Contract;

NOW THEREFORE, in consideration of the covenants and conditions contained herein, the Parties hereby agree as follows:

1. Services to be Provided: Contractor shall install, operate, maintain, stock, repair, and service ATM equipment at locations designated by the Director of Airports. Contractor shall ensure the ATMs remain operational and available for public use throughout the term of this Contract.

2. Contract Term: This Contract shall be effective for an initial term of five (5) years beginning on the Effective Date. Thereafter, this Contract may be extended for seven additional

(1) year renewals upon the Parties’ mutual agreement to such extension at least thirty (30) days prior to the expiration of the initial 5-year term.

3. Contractor’s Use of Airport Facilities: Contractor is permitted to access designated areas within Airport for the exclusive purpose of installing, operating, servicing, maintaining, repairing, replacing, and removing ATMs and related equipment in accordance with the provisions of this

Contract. The location and number of ATMs shall be subject to the approval of the Director of

Airports or her designee. Contractor shall not install, relocate, or modify any ATM equipment without the prior written approval of the Director of Airports. Contractor shall conduct all installation, maintenance, cash replenishment, and service activities in a manner that minimizes disruption to Airport operations, passengers, tenants, and visitors. Contractor's access to Airport facilities is limited solely to the performance of its obligations under this Contract and shall not create any leasehold interest in Airport property.

4. Hours of Operation: Contractor shall maintain ATMs in operational condition and available for public use on a 24/7-basis, except during maintenance, repairs, outages, or other circumstances beyond Contractor’s control. Contractor shall monitor ATM operations, replenish cash and supplies as needed, and respond promptly to service issues. Contractor shall make reasonable efforts to restore service within one (1) business day of notification. Contractor shall keep all ATM equipment clean, safe, and in good working order and shall repair or replace damaged or malfunctioning equipment at no cost to the City. City may require the relocation or temporary removal of ATM equipment as necessary for Airport operations, construction, security, or other operational needs.

5. Use of Equipment: Contractor shall furnish, install, own, operate, maintain, repair, replace, stock, and service all ATMs and related equipment necessary to perform the services contemplated by this Contract.

All ATM equipment, communication lines, software, signage, and related materials provided by Contractor shall remain the property of Contractor unless otherwise agreed in writing by the Parties.

Contractor shall be responsible for all costs associated with the installation, operation, maintenance, repair, replacement, cash replenishment, and removal of ATM equipment. Contractor shall ensure that all equipment is modern in appearance, maintained in good working order, and suitable for use in a public airport environment.

Any installation, relocation, modification, or replacement of ATM equipment shall be subject to the prior written approval of the Director of Airports or her designee. Contractor shall not make any structural alterations to Airport property without the City's prior written approval.

Upon expiration or termination of this Contract, Contractor shall remove its ATM equipment and restore the affected area to substantially the same condition that existed prior to installation, ordinary wear and tear excepted.

Contractor understands and agrees that all ATM equipment and personal property placed on Airport premises by Contractor shall be at Contractor's sole risk, and the City shall not be liable for any loss, theft, vandalism, or damage to such property.

6. Payments, Reports, and Records: As consideration for the rights granted under this

Contract, Contractor shall pay City compensation in accordance with Contractor's proposal, which is incorporated herein by reference as Exhibit A. Contractor shall submit all required reports and payments to City in the manner and frequency specified in Exhibit A, unless otherwise directed by

City. All payments shall be remitted to the City of Midland Department of Airports as designated by City.

Contractor shall maintain complete and accurate books, records, and supporting documentation sufficient to verify all amounts due to City under this Contract , including transaction volumes, surcharge revenue, commissions, concession fees, and any other amounts used to determine payments due. City reserves the right to audit such records in accordance with the provisions of this Contract. Contractor shall retain all records required under this Section for a period of not less than four (4) years following the end of the applicable reporting period, or for such longer period as may be required by law.

Any payment not received within thirty (30) days of its due date may be subject to applicable interest and remedies available under this Contract. If an audit reveals an underpayment to City, Contractor shall promptly remit the amount due. Contractor shall be responsible for the reasonable cost of the audit if the underpayment exceeds five percent (5%) of the amount owed for the period audited.

7. Rules and Regulations: Contractor shall comply with all applicable federal, state, and local laws, regulations, Airport rules, security requirements, and policies in the performance of this

Contract. Contractor shall conduct its operations in a professional manner that does not interfere with Airport operations, passengers, tenants, or visitors.

No signage, advertisements, decals, promotional materials, or displays related to ATM services shall be installed without the prior written approval of the Director of Airports or designee.

Contractor shall not permit any liens, claims, or encumbrances to be filed against Airport property arising from Contractor's performance under this Contract.

8. City’s Inspection Rights: Contractor shall permit City and its agents, representatives, and employees to enter any ATM location for the purposes of inspecting, maintaining, repairing, or altering the ATM locations, or determining whether Contractor is in compliance with the terms of this Contract.

9. Contractor’s Responsibilities: Unless otherwise stipulated, Contractor shall provide and pay for all supplies, equipment, tools, superintendence, labor, insurance, transportation, and all other items necessary for Contractor’s performance and satisfaction of the obligations referenced in this Contract. Contractor shall ensure that its employees are fully qualified and trained to complete the work contemplated in this Contract.

10. Events of Default; Termination: The following events shall be deemed to be events of default by Contractor under this Contract:

A. Contractor’s failure to timely pay any payment required by this Contract;

B. Contractor’s failure to comply with any term, provision, or covenant of this

Contract (except for timely payments) and such failure is not cured within thirty (30) days following the issuance of written notice to Contractor; and

C. The taking by a court of competent jurisdiction of Contractor’s assets pursuant to proceedings under the provisions of any federal or state reorganization code or act, insofar as the following enumerated remedies for default are provided for or permitted in such code or act.

Upon the occurrence of an event of default, City may, at its option, elect to terminate this

Agreement. Upon City electing to terminate, this Agreement shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and City may provide for the removal of all ATMs at the Airport at Contractor’s sole cost and expense.

Any such termination of this Agreement shall not relieve Contractor from the payment of any sum or sums that shall then be due and payable or become due and payable to City hereunder or any claim for damages then or thereafter accruing against Contractor, and any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from

Contractor for any default thereunder. All rights, options and remedies of City contained in this

Agreement, shall be cumulative of the other, and the City shall have the right to pursue any one or all such remedies or any other remedy or relief available at law or in equity, whether or not stated in this Agreement. No waiver by City of a breach of any other covenants, conditions or restrictions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same of any other covenant, condition or restriction herein contained.

11. Contractor is a Licensee: Notwithstanding any contrary provision contained herein, Contractor shall not be deemed to have become the tenant of City by virtue of executing this

Contract, nor to have been given or accorded as against City the possession of any portion of the

Airport; Contractor shall be deemed merely to be a licensee permitted to enter the Airport for the purpose of exercising the rights and privileges granted by this Contract. Upon any termination of this Agreement, City shall have the right through such means as it sees fit to remove and exclude therefrom Contractor and any of Contractor’s agents without being deemed guilty of any unlawful entry, trespass or injury of any sort whatever.

12. Termination At Will: City may terminate this Contract at will, for any or no reason upon giving at least ninety (90) days’ written notice to Contractor. The Parties understand and agree that it is in City’s sole and absolute discretion to cancel this Contract during the term without penalty.

Contractor has no expectation and has received no guarantees that this Contract will not be terminated before the end of the Contract term. The Parties bargained for the flexibility of terminating this Contract upon tender of the requisite notice at any time during the initial term or any renewal term. All work and services under the Contract shall be suspended upon termination of the Contract becoming effective.

13. Extra Work: All minor details of Contractor’s obligation not specifically mentioned in this

Contract but obviously necessary for the satisfaction of Contractor’s obligations shall be considered as incidental to and a part of those obligations referenced herein. Contractor shall not be entitled to any additional compensation therefor unless specifically stated otherwise.

14. Waiver of Damages: Contractor hereby expressly waives any and all claims for compensation for any and all damages sustained by reason of any defect, deficiency, or impairment of the Airport facilities leading to the ATM sites, or by reason of any loss resulting from failure of any utilities that may occur from time to time from any cause, or for any loss resulting from water damage; and Contractor hereby expressly releases and discharges City and its agents from any and all damages, claims, action and causes of action arising from any of the above causes.

15. Taxes, Permits, and Licenses: Contractor shall promptly and timely pay all taxes, excise, and license fees applicable to its operations contemplated herein, and shall take out and keep current all permits or licenses required by municipal, state or federal law, rule, regulation, or ordinance for the conduct of the business, and further shall not permit any of said taxes, excise, or license fees to be late or delinquent. Contractor shall, at its sole expense, obtain all permits, certifications, and licenses necessary for the performance of this Contract and pay all fees and taxes required by law, and comply with all laws, ordinances, rules, and regulations governing

Contractor’s performance under this Contract, including all environmental laws and regulations.

16. Notices: Any notice given under the terms of this Contract shall, unless otherwise provided herein, be in writing and either delivered by hand or sent by United States Registered or Certified

Mail, postage prepaid:

To City: City of Midland, Texas (If mailed) P. O. Box 1152

Midland, Texas 79702

(If hand delivered) 300 North Loraine Suite 220 Midland, Texas 79701

To Contractor:

The above addresses may be changed at any time by providing written notice to the other Party.

17. Indemnity: CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS AND

DEFEND CITY AND ALL OF CITY’S COUNCIL MEMBERS, OFFICERS, AGENTS, AND

EMPLOYEES FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL INJURIES,

ACCIDENTAL DEATH, LOSSES, PROPERTY DAMAGE AND EXPENSES OF ANY

CHARACTER WHATSOEVER, INCLUDING ATTORNEY FEES, BROUGHT FOR OR ON

ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY

PERSON OR PERSONS OR PROPERTY, ON ACCOUNT OF ANY NEGLIGENT ACT OF

CONTRACTOR, ITS AGENTS, EMPLOYEES, OR ANY SUBCONTRACTOR, IN THE

EXECUTION, SUPERVISION, AND OPERATIONS GROWING OUT OF OR IN ANY WAY

CONNECTED WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR

SHALL BE REQUIRED TO PAY ANY JUDGMENT WITH COSTS THAT MAY BE

OBTAINED AGAINST CITY OR ANY OF ITS COUNCIL MEMBERS, OFFICERS, AGENTS

OR EMPLOYEES, INCLUDING ATTORNEY FEES.

CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND CITY AND

ALL OF CITY’S COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES FROM

ALL SUITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL INJURIES, ACCIDENTAL

DEATH, PROPERTY DAMAGE, LOSSES, AND EXPENSES OF ANY CHARACTER

WHATSOEVER INCLUDING ATTORNEY FEES, BROUGHT FOR OR ON ACCOUNT OF

ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR

PERSONS OR PROPERTY, ON ACCOUNT OF ANY NEGLIGENT ACT OF CITY, CITY'S

COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, WHETHER SUCH

NEGLIGENT ACT WAS THE SOLE PROXIMATE CAUSE OF THE INJURY OR DAMAGE

OR A PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH CONTRACTOR OR

CONTRACTOR'S EMPLOYEES, AGENTS OR SUBCONTRACTORS NEGLIGENCE IN THE

EXECUTION, SUPERVISION AND OPERATIONS GROWING OUT OF OR IN ANY WAY

CONNECTED WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR

SHALL BE REQUIRED TO PAY ANY JUDGMENT WITH COSTS THAT MAY BE

OBTAINED AGAINST CITY OR ANY OF ITS COUNCIL MEMBERS, OFFICERS, AGENTS,

OR EMPLOYEES, INCLUDING ATTORNEY FEES.

CONTRACTOR AGREES TO INDEMNIFY AND SAVE CITY HARMLESS FROM ALL

CLAIMS GROWING OUT OF ANY DEMANDS OF SUBCONTRACTORS, LABORERS,

WORKMEN, MECHANICS, MATERIALMEN, AND FURNISHERS OF MACHINERY AND

PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES INCURRED IN THE

FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. WHEN CITY SO

DESIRES, CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL

OBLIGATIONS OF THE NATURE HEREINABOVE DESIGNATED HAVE BEEN PAID,

DISCHARGED, OR WAIVED. CONTRACTOR, ITS SURETIES AND INSURANCE

CARRIERS SHALL DEFEND, INDEMNIFY, AND SAVE HARMLESS CITY AND ALL OF

ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,

ACTIONS, OR CLAIMS OF ANY CHARACTER WHATSOEVER, BROUGHT FOR OR ON

ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY

PERSON OR PERSONS OR PROPERTY, ARISING FROM ANY ACT OF CONTRACTOR OR

ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES, IN THE EXECUTION AND

SUPERVISION OF THIS CONTRACT, AND CONTRACTOR SHALL BE REQUIRED TO PAY

ANY JUDGMENT WITH COSTS THAT MAY BE OBTAINED AGAINST CITY OR ANY OF

ITS OFFICERS, AGENTS, OR EMPLOYEES…