ESBD_363536_1718720205565_5 Attachment D - Statement of Work.pdf

Solicitation No. 608-24-99010D Page 1 of 8 Armored Car Services

Attachment D

Statement of Work

1. Purpose

The purpose of any Contract resulting from this Request for Proposals No. 608-24-99010D (the

“Solicitation”), is for the Contractor to provide armored car services for the pickup or drop off of deposits and/or currency orders (the “Deliverables”) from or to one or more of the Texas

Department of Motor Vehicles’ (“TxDMV”) 16 Regional Service Centers (“RSC”) that are located within the Contractor’s current service area. TxDMV intends to make one award per RSC, which may result in awarding contracts to multiple contractors.

All Deliverables under the Contract must be provided at the quality level and in the manner consistent with industry standards, customs, and practice, and are subject to acceptance and audit by the TxDMV Contract Monitor or a TxDMV authorized representative at any time, to ensure compliance with all terms and conditions of the Contract.

2. Contractor Requirements

To provide the Deliverables under the Contract, the Contractor agrees to the following duties, obligations, and requirements:

2.1. Description of Deliverables/Specifications

The Contractor’s contractual obligations under the Contract include, but are not limited to, the daily pickup or drop off of the Deliverables during normal business hours as defined in Subsection

2.4 of this Statement of Work for one or more of the remaining RSCs as set forth in the Contract and are currently located in the following Texas cities:

• Abilene • Dallas

• Austin • Fort Worth

• Longview • Houston

• Odessa • San Antonio

• Wichita Falls

Notwithstanding anything to the contrary in the Contract, TxDMV and the Contractor may through written amendment add or subtract RSCs to the Contract after award, subject to mutual agreeable terms and conditions.

2.2. Minimum Experience and Qualifications

2.2.1. The Contractor must be an individual or entity authorized to do business within the

State of Texas, that possesses a Class B – Security Contractor License (Armored Car and Guard Services - Armed and Unarmed Guards) by the Private Security Bureau of the Texas Department of Public Safety (“DPS”), and is actively engaged in the business of providing the Deliverables covered under the Contract with a minimum

Solicitation No. 608-24-99010D Page 2 of 8 of 3 years’ experience within the last 5 years. A recent start-up business does not meet the requirements of the Contract.

2.2.2. The Contractor’s employees assigned to providing the Deliverables must be at least

18 years of age and possesses a license or permit to carry handguns, or attend the training, as may be required or necessary for providing armored guard services in the State of Texas.

2.3. General Requirements

2.3.1. The Contractor shall designate a “Contract Representative” that is authorized to administer activities that include, but not limited to, non-legal notices, consents, approval, inspections, requests, or other general communications, provided for or permitted under the Contract. Additionally, the Contract Representative will also be responsible to timely responding (no later than within 24 hours) to TxDMV’s services needs such as, but not limited to, curing a lapse in services and correcting invoice and billing issues in a timely manner. The Contract Representative may be changed by providing written notice to the TxDMV Contract Monitor. For the avoidance of doubt, the Contract Representative must have a telephone number and email address where the representative can be reached without recorded information line.

2.3.2. The Contractor shall provide an armored vehicle with a minimum of two professional guards that are able to transport and securely deliver all Deliverables under the

Contract between the RSC and its corresponding designated financial institution as identified in Attachment E of the Solicitation and vice versa in accordance with the required services and schedule of this Contract. The vehicle used by the Contractor in providing the Deliveries under the Contract shall be fully armored type of vehicle with a radio for emergency communications.

2.3.3. The Contractor shall provide advance notification of any delayed or missed pickups or drop offs by the Contractor to the TxDMV Contract Monitor when circumstances around the delay or missed pickups or drop offs allows (but no later than within two hours after the scheduled pickup or drop off). For the avoidance of doubt, excess wait times are not permitted for delayed pickups or drop offs after the schedule times under the Contract. Furthermore, notwithstanding anything to the contrary in the

Contract, the Contractor shall not invoice TxDMV for missed pickups or drop offs and must deduct those amounts prior to submitting any invoice pursuant to

Subsection 1.2 of this Statement of Work by dividing the monthly rate by the number of days in that month for which pickups or drop offs were missed by the

Contractor.

2.3.4. Contractor shall ensure all Deliverables in its possession are insured in full in the event of theft, loss, or damage. The Contractor shall ensure Deliverables for a minimum of $100,000.00 under the Contract.

2.3.5. The Contractor shall accept sealed and locked bags or envelopes with tamper-resistant sealed bags that contain deposits (main contain currency, coins, checks, money orders, securities, or other valuables) from the designated RSC

Solicitation No. 608-24-99010D Page 3 of 8 representative(s) and deliver such bags, containers, or envelopes in its original condition to the RSC’s corresponding designated financial institution identified in

Attachment E of the Solicitation. The Contractor will not be required to wait for the financial institution to reconcile the Deliverables in the bag, container, or envelope with the deposit slip.

2.3.6. The Contractor shall receive currency orders from the designated RSC representative(s), deliver to the corresponding designated financial institution as identified in Attachment E of the Solicitation, and return in completed form to the

RSC within two business days of receiving the currency order.

2.3.7. The Contractor will accept from the RSC’s corresponding designated financial institutions, as identified in Attachment E of the Solicitation, sealed and locked bags, containers, or envelopes containing currency orders for delivery to the RSC in its original condition.

2.3.8. The Contractor shall maintain daily route logs of pickups or drop offs to the RSC and delivery to or pickups from the RSC’s corresponding designated financial institution identified in Attachment E of the Solicitation for security and audit purposes.

2.3.9. The Contractor shall provide the designated RSC representative(s) with the standard form for logging deposits and currency orders in advance to providing the

Deliverables, if applicable.

2.3.10. The Contractor shall provide the designated RSC representative(s) with receipts for all pickups and drop offs of the Deliverables. The receipts must include, but are not necessarily limited to, the following information:

a. Date of Deliverables.

b. Name of pickup location and address.

c. Name of delivery location and address.

d. Arrival time inside RSC.

e. Completed pickup or drop off time inside RSC.

f. Total number of bags, containers, or envelopes.

g. Individual bag, container, or envelop value declaration.

h. Full value declaration.

i. Contractor’s employee’s signature with date.

j. TxDMV’s employee’s signature with date; and

k. Financial institution’s employee’s signature with date.

2.3.11. The Contractor shall park, enter, and exit, and pick up or drop off the Deliverables a at the secure point inside the RCS as designated by TxDMV. Additionally, the

Contractor shall make its employees aware of TxDMV facilities and security policies, and confirm its employees comply with all security demands of TxDMV’s security or employees. The Contractor must advise its employees that piggybacking through secured doors is not allowed and may, in TxDMV’s sole and absolute discretion, result in the employee being immediately removed from the RSC and barred from providing the Deliverables under the Contract. For the avoidance of

Solicitation No. 608-24-99010D Page 4 of 8 doubt, any pickup delayed or missed due to the Contractor’s employee(s) violating

TxDMV facilities and security policies will be deemed a “missed pickup” under the

Contract.

2.3.12. The Contractor shall not be responsible for pickups or drop offs that are missed solely as a result of actions by the RSC and the bags, containers, or envelops are carried forward to the next business day. The Contractor’s pickup or drop off on the next business day will not be considered a multiple stop for invoicing purposes. This missed deposit situation will be an exception to normal operations. However, the

Contractor must promptly notify the TxDMV Contract Monitor in writing of the missed pickup or drop off and the facts surrounding the situation that was caused by the RSC.

2.3.13. The Contractor shall be responsible for providing the TxDMV with a list of all its employees with photo roster who will or may provide the Deliverables under the

Contract, as well as immediately provide an updated list with photo roster after any changes to its employees (but no later than 24 hours after the occurrence).

Contractor’s employees who are not on the photo roster will not be allowed to provide the Deliverables or enter any RSC secured area. For the avoidance of doubt, any pickup delayed or missed due to the Contractor’s employee(s) not being on the photo roster will be deemed a “missed pickup” by the Contractor under the Contract.

2.3.14. The Contractor must possess and maintain for itself and its employees at its own expense all necessary licenses, certification, and permits, which shall conform to all federal, state, and local laws, codes, and regulations, as well as TxDMV rules and policies, applicable to providing the Deliverables.

2.3.15. The Contractor shall provide employees who are fully qualified and compliant with the required and applicable laws, rules, and regulations for providing the

Deliverables. The Contractor’s employees should be bonded and certified in the use of firearms as needed in the pickup and drop off process in providing the

Deliverables; however, the Contractor is not required to have all of its employees armed but shall provide at least one employee who carries a firearm.

2.3.16. The Contractor shall ensure its employees are attired in company uniforms, which must be distinct, easily identifiable, and reasonably neat and clean while providing the Deliverables at the RSC. Additionally, the Contractor shall provide and ensure its employees are carrying identification badges or cards with fraud protection measures while present on TxDMV property and provide said badges or cards to

TxDMV security or employees upon request for verification.

2.3.17. The Contractor shall be responsible for ensuring a sufficient number of its employees have passed a criminal history background investigation prior to being assigned to the services herein, so there is no lapse or delays in providing the

Deliverables under the Contract. If a background investigation reveals a Class A misdemeanor or felony, the Contractor must notify the TxDMV Contract Monitor to seek written approval in advance of assigning an employee to provide the

Deliverables at an RSC.

Solicitation No. 608-24-99010D Page 5 of 8

2.3.18. The Contractor shall be responsible and liable for the safety and health of its employees while they are providing the Deliverables. Therefore, the Contractor must provide instruction on all safety policies, rules, and requirements that its employees must observe while providing armored car vehicle services and the Deliverables.

Additionally, the Contractor must abide by and ensure all applicable Occupational

Safety and Health Administration (“OSHA”) requirements are satisfied and met for its employees while providing the Deliverables.

2.3.19. The Contractor shall be responsible for all employment taxes and other payroll withholding for its employees. Additionally, as the Contractor is retained as an independent Contractor under the Contract, in no event shall the Contractor or any of its employees be considered an employee of the State of Texas.

2.3.20. The Contractor shall be responsible for verifying that all of its employees assigned to providing the Deliverables under the Contract are in compliance with all requirements of the Immigration Reform and Control Act of 1986, Public Law 99-

603, which became effective November 6, 1986, and any subsequent amendments thereto.

2.3.21. The Contractor shall be solely liable and responsible for any damage to TxDMV’s property, including equipment and fixtures, caused by the Contractor or its employees. In the event any property, including equipment and fixtures, is damaged by the Contractor or its employees; while providing the Deliverables, the Contractor will be responsible for the full replacement value of such damaged item(s) in a timely manner as determined by the TxDMV Contract Monitor.

2.4. Performance Schedule

2.4.1. Hours of Services. The Contractor’s services shall be provided Monday through

Friday with the pickup and/or drop off of the Deliverables from or to the RSC between 10:00 am and 5:00 p.m. central time (“Normal Pickup and/or Drop Off

Hours”), excluding observed state or federal holidays when TxDMV’s offices are officially closed or RSC closures as may be determined by the TxDMV Executive

Director, and the transport of deposit(s) to the designated financial institution as set forth in Attachment E of the Solicitation no later than 4:00 p.m. central time either the same day, or the next business day, based on the monthly rate as set forth in

Attachment E of the Solicitation. For the avoidance of doubt, the Contractor may request revisions to or deviations from the Normal Pickup and/or Drop Off Hours referenced in the previous sentence, which must be approved in writing by the TxDMV

Contract Monitor before becoming effective. TxDMV, in its sole and absolute discretion, may reject requested revisions or deviations to the Normal Pickup and/or Drop Off schedule.

2.4.2. Excess Wait Times. The Contractor may invoice for excess wait times that occur routinely during Normal Pickup and/or Drop Off Hours that exceed eight minutes after providing advanced notice to the TxDMV Contract Monitor and allowing ten business days for TxDMV to resolve the situation before waiting fees may be assessed. If waiting fees are assessed, the excess wait times shall be based on the

Contractor’s employee arriving at the designated secure point inside the RSC with

Solicitation No. 608-24-99010D Page 6 of 8 notification of their arrival provided to the designated RSC representative(s) and invoiced at the per minute rate that exceeds eight minutes as set forth in Attachment

E to the Solicitation that cannot exceed $5.00 per minute with a maximum accrual of

30 minutes per visit. For the avoidance of doubt, excess wait times are prohibited when the pickup or drop off is outside the Normal Pickup and/or Drop Off Hours, during on-demand services, or the wait resulted from actions by the Contractor, or its employees as solely determined by TxDMV.

2.4.3. On-Demand Services. The Contractor must respond to all requests for same-day currency order(s) pickup and drop off to the RSC. Any services provided by the

Contractor on-demand and at the request of the TxDMV Contract Monitor will be invoiced at the “same day” rate as set forth in Attachment E of the Solicitation.

2.5. Invoices and Payments

2.5.1. Submittal of Invoices and Payments. To receive payment, the Contractor must submit detailed invoices by the tenth day of the month following the month in which the

Deliverables were provided via email with any supporting documentation (receipts, excess wait times logs, fuel surcharge documentation, etc.) in accordance with

Section E of Attachment C to the Solicitation with courtesy copies sent to the

TxDMV Contract Monitor. If TxDMV requests correction to an invoice or additional information, documentation, or justification, the invoice shall be resubmitted with all corrections initialed or information necessary and changes to the date of submission to the date of resubmission.

2.5.2. Dispute of Invoices. TxDMV may withhold any charges that it disputes in good faith and may set-off amounts the Contractor owes the State of Texas and/or TxDMV as credits against charges payable to the Contractor under the Contract.

2.5.3. Verification of Invoices. TxDMV reserves the right to verify the charges and/or details within the Contractor’s invoices, either before or after payment, by requesting additional information including, but not limited to, inspecting books of the

Contractor at a mutual convenient time or documentation which clearly indicate an activity has taken place or an expense has been incurred. Additionally, any invoice submitted that includes excess wait time fees is subject to verification against the

RSC’s surveillance systems timestamps.

2.5.4. Prevalent Invoicing Errors. The Contractor is solely responsible for ensuring all invoices submitted to TxDMV are without error and include all required documentation. If TxDMV determines, in its sole and absolute discretion, that invoicing errors by the Contractor have become prevalent, TxDMV reserves the right to terminate the Contract at no fault to TxDMV and either resolicit or re-award

Deliverables to another contractor and charge the Contractor the difference in cost for reprocuring services.

2.6. Theft, Loss, or Damage to the Deliverables

The Contractor understands and agrees that the Contractor’s possession of the

Deliverables commences when the Contractor’s employee signs the Contractor’s

Solicitation No. 608-24-99010D Page 7 of 8 receipt for the deposit and/or currency order even while on TxDMV or the RSC’s corresponding designated financial institution properties. In the event the theft, loss, or damages to the Deliverables, the Contractor shall pay TxDMV the declared value of the deposits and/or currency orders as it appears on the Contractor’s receipt(s) that bears the Contractor’s employee’s signature and either the designated

RSC representative(s) or financial institutions employee’s signature within 30 days of the theft, loss, or damage occurring. In the event of theft, loss, or damage, TxDMV will cooperate to the extent it deems feasible to reconstruct checks and/or money orders, which may constitute a part of the theft, loss, or damage but does not relieve the Contractor from being fully liable for said theft, loss, or damage.

The term “reconstruct,” means to identify the checks and/or money orders only to the extent of determining the face amount of said checks and/or money orders and the identity of the maker or endorser of each – if possible.

The Contractor shall be fully liable and responsible for:

a. All currency, coins, securities, or other valuables.

b. Reasonable costs necessary to reconstruct the checks and/or money orders, plus any necessary costs because of stop-payment actions and/or procedures; and/or

c. Face value of the checks and/or money orders which cannot be reconstructed.

3. TxDMV Responsibilities

TxDMV agrees to the following:

3.1. TxDMV agrees to designate a “TxDMV Contract Monitor” that is authorized to administer activities that include, but are not limited to, non-legal notices, consents, approval, inspections, requests, or other general communications provided for or permitted under the

Contract. The TxDMV Contract Monitor may be changed by providing written notice via email to the Contractor’s Contract Representative. Notwithstanding anything to the contrary in the Contract, all legal notices must be submitted in accordance with Section PP of

Attachment C to the Solicitation with a copy provided simultaneously to the TxDMV Office of General Counsel. All legal notices given without evidence of being received by the

TxDMV Office of General Counsel are deemed not given by the Contractor.

3.2. TxDMV agrees to designate RSC representative(s) that will coordinate pickup or drop off of sealed bag(s) that may contain currency, coins, checks, money orders, securities, or other valuables to or from the RSC. The designated RSC representative(s) will ensure all deposits are bagged, sealed, and ready for pickup by 10:00 a.m. central time during normal business days, in bags or envelopes provided by TxDMV. The designated RSC representative(s) may be changed without notice being provided to the Contractor. For the avoidance of doubt, if the Contractor requires a specific brand, make, or model of bag, then the Contractor shall furnish those bags to the RSC prior to any scheduled pickup at no additional expense to

TxDMV.

3.3. TxDMV agrees to provide advance notification of currency order(s) (may contain currency and/or coins) from the designated financial institution listed in Attachment E of the

Solicitation, which the Contractor shall pickup and drop off to the RSC during its next

Solicitation No. 608-24-99010D Page 8 of 8 scheduled pickup. The designated RSC representative(s) will inform the Contractor of the currency order amount that typically ranges between $300.00 and $1,000.00.

3.4. TxDMV agrees to designate a parking lot area (if necessary), entry and exit door, and a secure point inside the RSC for the Contractor and/or its employees to park, pick up, or drop off as needed for the Deliverables.

3.5. TxDMV agrees to provide advance notification of RCS operation delays or closures to the

Contractor when circumstances around the delay or closure allows. For the avoidance of doubt, if TxDMV has provided advance notice of an RSC closure, the Contractor shall deduct from its monthly invoice the date(s) the RSC is closed unless the Contractor’s armored vehicle was specifically enroute to the RSC.

3.6. Notwithstanding anything to the contrary in the Contract, TxDMV reserves the right to check the Contractor’s and/or its employees background and make a determination as to approving or rejecting the use of a Contractor’s employee. Any negative background checks, in

TxDMV’s sole and absolute discretion, may result in disqualification of the Contractor’s employee.

3.7. Notwithstanding anything to the contrary in the Contract, TxDMV reserves the right, in its sole and absolute discretion, to refuse entry, remove, or request the immediate removal of a

Contractor’s employee deemed unsatisfactory or unsafe from TxDMV property.

4. Performance Measures

TxDMV will actively monitor the Contractor’s performance of all duties, obligations, and requirements under the Contract and will submit a report on the Contractor’s performance under the Contract to the Vendor Performance Tracking System (“VPTS”) that shares contractor performance information between Texas state agencies and public institutions of higher education in accordance with Tex. Gov’t Code § 2155.089 and 34 Tex. Admin Code pt. 1, ch. 20, subch. F, div. 2, § 20.509. The Contractor and its employees must fully cooperate with all performance monitoring activities initiated by or on behalf of TxDMV.

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