License Office RFP Package - Hermann - Repost 8-25.pdf

STATE OF MISSOURI

DEPARTMENT OF REVENUE

REQUEST FOR PROPOSAL (RFP)

SOLICITATION/OPPORTUNITY (OPP) NO.: REQ NO.:

TITLE: Location License Office BUYER:

ISSUE DATE (OPEN DATE): PHONE NO.:

EMAIL:

RETURN PROPSAL NO LATER THAN (DUE DATE): AT 2:00 PM CENTRAL TIME (END DATE)

RFP RESPONSE MUST BE SUBMITTED ELECTRONICALLY THROUGH MissouriBUYS. https://missouribuys.mo.gov/

MAILED, COURIER, OR HAND-DELIVERED RFP RESPONSES WILL NOT BE ACCEPTED.

CONTRACT PERIOD: Effective Date of Contract through five (5) years.

DELIVER SUPPLIES/SERVICES FOB (Free on Board) DESTINATION TO THE FOLLOWING ADDRESS:

DELIVER SUPPLIES/SERVICES

FOB (Free on Board) DESTINATION TO:

DELIVER SERVICES FOR:

Department of Revenue

P.O. Box 311 Jefferson City, MO 65105

The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the “Terms and Conditions Request for Proposal”. The vendor further agrees that the language of this RFP shall govern in the event of a conflict with their proposal. The vendor further agrees that upon receipt of an authorized purchase order from the Department of Revenue or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the vendor and the State of Missouri. The vendor shall understand and agree that in order for their proposal to be considered for evaluation, the proposal must be submitted through a registered account in MissouriBUYS.

SIGNATURE REQUIRED

VENDOR NAME MissouriBUYS System ID (See vendor profile – main information screen)

MAILING ADDRESS

CITY, STATE, ZIP CODE

CONTACT PERSON EMAIL ADDRESS

PHONE NUMBER FAX NUMBER

VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)

☐ Corporation ☐ Individual ☐ State/Local Government ☐ Partnership ☐ Sole Proprietor ☐ IRS Tax Exempt

AUTHORIZED SIGNATURE DATE

PRINTED NAME TITLE

https://missouribuys.mo.gov/ https://missouribuys.mo.gov/ https://missouribuys.mo.gov/ https://missouribuys.mo.gov/ https://missouribuys.mo.gov/ https://missouribuys.mo.gov/ https://missouribuys.mo.gov/ https://missouribuys.mo.gov/

SOLICITATION NUMBER:

LICENSE OFFICE LOCATION: Page 2

CONTENTS:

The following documents are incorporated into the RFP by reference. It is recommended that each vendor request a copy of the state agency’s policies and procedures as outlined elsewhere herein. If awarded the contract, the most current policies and procedures must be followed throughout the length of the contract and may be found on the Department of Revenue’s Intranet, which is accessible to license offices.

Part 1 ..... .............................................................................................................. Introduction and General Information Part 2 ..... .............................................................................................................. Scope of Work Part 3 ..... .............................................................................................................. Contractual Requirements Part 4 ..... .............................................................................................................. Proposal Submission Information Terms and Conditions ........................................................................... Terminology/Definitions

EXHIBITS A – I:

The Exhibits are fillable forms designed to be completed and submitted electronically. It shall be the sole responsibility of the vendor to complete the Exhibits.

Personnel, Method of Performance, Experience, and Training........................................................................... Exhibit A Vendor Status ...................................................................................................................................................... Exhibit B Missouri Service-Disabled Veteran Business Enterprise (SDVE) Preference ...................................................... Exhibit C Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization ....................... Exhibit D Motor Vehicle Registration and Tax Clearance Authorization and Release ........................................................ Exhibit E Anti-Discrimination Against Israel Act Certification ............................................................................................ Exhibit F Credit and Asset Verification ............................................................................................................................... Exhibit G Proposed Contract License Office Manager Statement of Acknowledgement .......................................... Exhibit H Statement of Self-Certification – Other Vendor Experience ............................................................................... Exhibit I

ATTACHMENTS 1 – 8:

The vendor is advised that Attachments exist to this document which provide additional information and instruction. It shall be the sole responsibility of the vendor to review and comply with the Attachments. The vendor shall not be relieved of any responsibility for performance under the contract due to the failure of the vendor to review and comply with the Attachments.

Additional Contractual Requirements for License Office .................................................................................... Attachment 1 License Office Processing Fees ............................................................................................................................ Attachment 2 Definitions ........................................................................................................................................................... Attachment 3 Liquidated Damages ............................................................................................................................................ Attachment 4 Technology Requirements ................................................................................................................................... Attachment 5 Evaluation Element, Points Possible, and Explanation ........................................................................................ Attachment 6 Other State Contracts .......................................................................................................................................... Attachment 7 Contract License Office Manager ................................................................................................... Attachment 8

POLICIES AND PROCEDURES:

The vendor agrees, if awarded the contract, the vendor shall comply with all state agency policies and procedures, as amended. Policies and procedures are incorporated into the contract by reference and must be referred to and followed in all aspects of the contractual requirements herein. Policies and procedures include, but are not limited to: policies and procedures related to review and issuance of driver licenses and non-driver licenses, motor vehicle registrations and titling requirements, and general operations of the license office in accordance with the contract. Policies and procedures may be amended by the Department in response to business needs.

If the vendor provides any “personal information” as defined in Section 105.1500, RSMo, concerning an entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986, as amended, the vendor understands and agrees that it is voluntarily choosing to seek a state contract and providing such information for that purpose. The state will treat such personal information in accordance with Section 105.1500, RSMo.

https://revisor.mo.gov/main/OneSection.aspx?section=105.1500&bid=53948 https://www.govinfo.gov/app/details/CFR-2014-title26-vol7/CFR-2014-title26-vol7-sec1-501c3-1 https://revisor.mo.gov/main/OneSection.aspx?section=105.1500&bid=53948

LICENSE OFFICE LOCATION: Page 3

1. INTRODUCTION AND GENERAL INFORMATION

1.1. Introduction:

1.1.1. This RFP constitutes a request for competitive, sealed proposals for the provision of professional quality customer service and office management services in the most effective and efficient manner possible to serve individuals seeking motor vehicle and driver licensing services in and around the geographic location listed in Attachment 1.

1.2. RFP Questions:

1.2.1. Questions and issues relating to the RFP must be directed to the buyer listed on page 1. Questions must be emailed to the buyer.

1.2.2. It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Department of Revenue if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a proposal.

a. Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on the vendor’s behalf) must direct all questions or comments regarding the RFP, the evaluation, etc., to the buyer of record indicated on page 1 of this RFP. Vendors and their agents must not contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements.

1.2.3. All questions and issues must be submitted no later than ten (10) calendar days prior to the due date of the proposals listed on page 1. If not received prior to ten (10) calendar days before the proposal due date, the Department of Revenue may not be able to fully research and consider the respective questions or issues.

1.2.4. Upon the Department of Revenue’s consideration of questions and issues, if the Department of Revenue determines that changes are necessary, the resulting changes will be included in a subsequently issued RFP addendum(s); absence of such response indicates the questions and issues were considered but deemed unnecessary for an RFP addendum. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal addendum to the RFP.

There will be no separately posted question/answer document.

1.2.5. The only official position of the State of Missouri shall be that which is contained in the RFP and any addendums thereto.

1.3. Background Information:

1.3.1. The Department of Revenue has over one hundred and seventy (170) independent contracts for license office management and operation throughout the State of Missouri.

a. The Department of Revenue determines the transaction types that each license office processes.

b. The Department of Revenue determines the number of and required location for all license offices within the

State of Missouri and may add, eliminate, or change location requirements of license offices at any time.

c. In addition to the independent contracts, the Department of Revenue offers vehicle titling, registration, driver licensing, and other services at its Central Office in the Harry S Truman State Office Building in Jefferson City, Missouri, as well as by mail. Vehicle registration is available over the Internet (https://dor.mo.gov/motor-vehicle/plates/renewal.html) or through the Department’s license plate renewal call center. The number of and type of services via the Internet are subject to change at any time, as determined by the Department of Revenue.

d. The Department of Revenue may, in the future, allow dealers (“dealer” as defined by section 301.550, RSMo.)

to collect tax on vehicles which the dealers sell, and appoint dealers to process the corresponding title and registration transactions.

https://dor.mo.gov/motor-vehicle/plates/renewal.html https://dor.mo.gov/motor-vehicle/plates/renewal.html

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1.3.2. Additional information is available regarding the Department of Revenue and its license offices as follows:

a. Department of Revenue and its functions – https://dor.mo.gov/

b. License office information:

1) Attachment 1 contains information about the license office listed on page 1 of this RFP.

2) License office locations may be found at https://dor.mo.gov/license-office-locator/.

c. Documents relating to any of the license office contracts, as well as any other contracts listed in the RFP may be viewable at https://www.missouribuys.mo.gov.

1.3.3. Other Contracts – The State of Missouri has contracts as summarized below that impact license offices. The contractors and contract terms are subject to change as a result of any subsequently completed procurement(s) and contract award(s).

a. E-Payment Services – This contract is for an electronic payment vendor used to process credit and debit card payments, including those received by the Department of Revenue and license offices and other electronic payments that integrate internet electronic payment acceptance. Per the terms of the contract, the electronic payment vendor collects a surcharge or convenience fee from each paying license office customer.

b. Temporary Registration Permits – This contract is for the manufacture of temporary motor vehicle, trailer, and motorcycle registration permits. Per the terms of the contract, the vendor takes, fulfills, and ships orders for the permits from the Department of Revenue, license offices and automobile dealers, including invoicing and payments. The price is set by the vendor each year. All charges related to this section are the responsibility of the contractor.

c. Banking Services – The Missouri State Treasurer and the Department of Revenue contracts for depository services for the collection of state and non-state funds. The contractor provides a remote deposit system and all necessary equipment to prepare and transmit imaged deposits (checks, money orders) collected at the license office to the designated state account.

1.3.4 Vendors may contact the Department of Revenue for a copy of the state agency’s policies and procedures at the address below. The procedures and the documents must not be printed, copied, or shared with others.

LICENSE OFFICES BUREAU

P.O. BOX 629

JEFFERSON CITY, MO 65105

1.3.5 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the Background Information provided herein reflects all relationships or existing conditions related to this RFP.

1.3.6 The vendor shall agree and understand that if the state agency determines the vendor is manipulating or has deceptive practices regarding proposal submission, the state agency will not evaluate nor consider vendor’s proposal.

END OF PART ONE: INTRODUCTION AND GENERAL INFORMATION

https://dor.mo.gov/ https://dor.mo.gov/license-office-locator/ https://www.missouribuys.mo.gov/

LICENSE OFFICE LOCATION: Page 5

2. SCOPE OF WORK:

This section of the RFP includes the scope of work and provisions that shall govern the contract after RFP award. The contents of this section include mandatory provisions that must be adhered to by the state agency and the contractor, unless modified by a contract amendment.

2.1 General Requirements:

2.1.1 The contractor shall provide quality customer service and office management services in the most effective and efficient manner possible to serve individuals seeking motor vehicle and driver licensing services in the geographic location listed in Attachment 1 for the Department of Revenue (hereinafter referred to as the “state agency”) in accordance with the provisions and requirements stated herein. The contractor shall understand and agree that failure to comply with any of the requirements of this contract may result in the cancellation or termination of the contract. The contractor acknowledges that cancellation of the contract for cause may impact future contract awards. The contractor must:

a. Operate a license office under the contractor name as identified on the Notice of Award issued by the state agency.

b. Prohibit discrimination against recipients of services on the basis of race, color, religion, national origin, sex, disability, age, or sexual orientation.

c. Manage the license office and ensure the performance of all required duties in the collection of motor vehicle and marine sales and use taxes; the processing of title transactions, motor vehicle and marine registrations; and issuance(s) and renewal(s) of driver and non-driver licenses under the provisions of Missouri law and regulations, including, but not limited to, Section 136.055, RSMo, Chapters 32, 115, 144, 301, 302, 303, 306, 307, 643, and 700, RSMo.

d. Fully comply with all state agency policies and procedures, as amended, and all state and federal law and regulations and shall not be relieved of any responsibility for performance under the contract due to failure to review current state agency policies, procedures, and state and federal law and regulations.

e. Communicate with the state agency within the timeline and method requested or specified in policies and procedures, as amended. The contractor must:

1) Respond to any request by the state agency for information, documentation, or action within the deadline specified by the state agency, or the contractor must request an extension in writing prior to the deadline. If no deadline is given, the contractor must respond by the close of business on the third (3rd) business day after the request was sent by the state agency. The contractor’s failure to comply may result in the assessment of liquidated damages as specified on Attachment 4.

2) Keep all communications between the contractor or license office personnel and the state agency professional. Any communications regarding license office business from the contractor or license office personnel to customers or other entities must be completed in a positive, professional manner that promotes good public relations. The contractor’s communications shall not present the state agency and/or other license offices in a negative manner. Communications may include, but are not limited to, social media posts including text or photographic images, email, letters, or other written communications, or telephone or other oral communications.

f. Keep all communication with and regarding other license offices or the state agency professional. All communication must be completed in a professional manner that promotes good public relations and does not intentionally harm another license office’s image or reputation.

g. The contractor must disseminate state agency communications intended for license offices to all license office personnel and ensure employees affected by the state agency communication comply within three (3) business days of receipt, or any timeframe required by the state agency communication or by state agency policies and procedures, whichever is shorter.

2.1.2. Contractor – The contractor is an independent contractor and shall not represent that the contractor or the contractor’s employees are employees of the State of Missouri or an agency of the State of Missouri, and shall not include any state https://revisor.mo.gov/main/OneSection.aspx?section=136.055&bid=47958&hl=136.055%25u2044

LICENSE OFFICE LOCATION: Page 6 seal, state agency or department name, or state official’s name on any contractor-provided materials, including but not limited to social media.

a. The contractor must follow all state and federal laws and regulations and obtain all required insurance(s) under the contractor name as awarded.

b. The contractor shall assume all legal and financial responsibility for the facilities, utilities, operating costs, and the contractor’s employees and agrees to indemnify, save, and hold the State of Missouri, its officers, agents, and employees harmless from and against any and all loss; cost (including attorney fees); and damage of any kind related to such matters except as otherwise required by law.

c. The contractor shall not change the contractor’s business organization type or operating structure, including but not limited to the Contract License Office Manager, as defined in Attachment 3, owners, officers, partners, or members, except as otherwise specified herein. If the business organization type or operating structure changes, the state agency must be notified immediately, and such change may result in the termination or cancellation of the contract.

d. The contractor shall not change their Federal Employer Identification Number (FEIN) associated with the license office without prior written consent from the state agency and the Office of Administration.

e. Upon request by the state agency, and within three (3) business days of the request, the contractor must provide the state agency with its legal and binding operating agreement, partnership agreement, bylaws, or other similar document indicating, at a minimum, the following:

1) All members, partners, officers, individuals, and entities with an ownership interest in the entity that has been named in the contractor’s awarded proposal, and their respective ownership interests and the specific level of authority which each member, partner, officer, individual, or entity with an ownership interest in the entity as named in the contractor’s awarded proposal has to act on behalf of the contractor.

2) If no such document exists, the contractor must indicate that it is a sole proprietorship or provide any additional legal and binding documentation establishing the roles of those with an ownership interest in the entity as named in the contractor’s awarded proposal.

3) If the entity as named in the contractor’s awarded proposal is owned in whole or any part by another entity, upon request by the state agency, and within three (3) business days of the request, contractor must provide the state agency with the legal and binding operating agreement, partnership agreement, bylaws, or other similar document of each ownership-interest holding entity indicating all members, partners, officers, individuals, and entities with an ownership interest, their respective ownership interests in the entity that has an ownership interest in the entity that has been named in the contractor’s awarded proposal, and the specific level of authority which each member, partner, officer, individual, or entity with an ownership interest in the entity as named in the contractor’s awarded proposal has to act on behalf of the contractor.

4) Failure to provide the information within the period specified or if the information does not match what was originally provided in the contractor’s awarded proposal, the state agency may seek any and all remedies available including, but not limited to, cancellation or termination of the contract.

2.1.3 The contractor shall understand and agree that the sole compensation for services provided through this contract are as stated on Attachment 2 in accordance with Section 136.055, RSMo. The contractor shall not charge more than what is stated on Attachment 2 in accordance with Section 136.055, RSMo. Estimated License Office Contractor Transaction Counts and Processing Fees may be found at http://dor.mo.gov/contact/. The processing fees are subject to legislative changes.

The State of Missouri does not ensure or guarantee that any new or replacement license office operation will have comparable transaction volumes as the current or past license offices.

2.1.4 Property of State – The contractor shall agree and understand that all applications, state-owned hardware, software, files, audit copies, records, documentation, reports, and data, furnished, or completed by the contractor as a requirement of the contract, and all inventory furnished by the state agency shall be the property of the State of Missouri and shall include all rights and interests for present and future use or sale as deemed appropriate by the state agency. No reports, https://revisor.mo.gov/main/OneSection.aspx?section=136.055&bid=47958&hl=136.055%25u2044 https://revisor.mo.gov/main/OneSection.aspx?section=136.055&bid=47958&hl=136.055%25u2044 http://dor.mo.gov/contact/

LICENSE OFFICE LOCATION: Page 7 documentation, or materials prepared, including the program(s) developed as required by the contract, shall be used or marketed by the contractor or released to the public without the prior written consent of the state agency.

2.1.5 Information and details of license office operation - Upon the state agency’s request, the contractor shall provide the state agency with any requested additional information and details regarding the contractor’s license office operation, including but not limited to a renewed Credit & Asset Verification Form.

2.1.6 The contractor shall understand and agree that all state agency policies and procedures as amended, are incorporated into the contract by reference and must be referred to and followed in all aspects of the contractual requirements herein by the contractor. Failure to follow state agency policies and procedures may result in assessment of liquidated damages as specified in Attachment 4 and/or the cancellation or termination of the contract as well as any other remedies available to the state. Failure to follow all policies and procedures may adversely impact the evaluation of future license office proposal submissions. A copy of the state agency policies and procedures applicable to license office operations will be provided to the contractor. Procedures and policies shall not be printed, copied, or shared with anyone other than approved license office personnel. It is the contractor’s responsibility to remain up-to-date on all policy and procedure changes made thereafter. The contractor shall not be relieved of any responsibility for performance under the contract due to failure to review the state agency’s policies and procedures and state laws and regulations.

2.1.7 The contractor shall agree and understand that processing or permit fees pursuant to section 136.055, RSMo, shall hereinafter collectively be referred to as “contractor fees”.

2.1.8 The contractor shall perform services in accordance with the requirements of the contract and the commitments made in the contractor’s awarded proposal.

2.2 Transition of License Office Operations:

2.2.1 License Office Facility and Location – No later than ten (10) calendar days after the state agency issues the notice to proceed with services, the contractor must provide the state agency with the proposed license office location as required in Attachment 1. See Section 2.4 regarding Location and Security.

2.2.2 Implementation of Services – Upon the state agency’s authorization to proceed with services, the contractor shall work with the state agency, the preceding contractor, and any other organizations designated by the state agency to ensure a professional, orderly, and timely transition of services and responsibilities under the contract and to ensure the continuity of license office services required by the state agency.

a. Contract Compliance - The contractor shall be in compliance with all contract requirements and commitments identified in the contractor’s awarded proposal no later than thirty (30) business days after the state agency’s authorization to proceed with services, or opening date of the office as specified by the state agency, whichever is later. The contractor shall assign a contract compliance representative with authority to act on behalf of the contractor in all matters related to the management of the contract.

b. Personnel - The contractor must employ and provide a minimum number of personnel as approved by the state agency to cover at least one half of the state agency-provided workstations prior to an opening date being set by the state agency. If the state agency has determined that no state agency approved personnel have previous license office experience, training shall be required before an opening date will be set by the state agency. The contractor shall have thirty (30) calendar days after the opening date to provide sufficient staff to operate workstations in a manner consistent to meet any proposed wait time or other transactional wait times required herein. All state provided workstations shall be manned during the last seven (7) business days of each month.

All driver licensing workstations must be manned on days in which the closest highway patrol examination station is providing testing services.

c. Opening:

1) The contractor must open and operate the license office by no later than the time frames outlined below, unless otherwise approved by the state agency in writing.

(A) If the license office will be located at a location other than the existing license office location, the contractor must open the license office by no later than forty-five (45) business days after the state agency’s authorization to proceed with services.

https://revisor.mo.gov/main/OneSection.aspx?section=136.055&bid=47958&hl=

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(B) If the license office will continue to operate at the existing location, the contractor must open the license office by no later than thirty (30) business days after the state agency’s authorization to proceed with services.

(C) If the license office identified on Attachment 1 is closed at time of award, the contractor must work with the state agency to expedite opening within the time frame specified by the state agency.

(D) If the preceding license office contract will not expire beyond the time frames stated above, the contractor must take possession of the office by 1:00 p.m. of the official end date of the preceding contract and must open the office within the time frame stated above.

2) The contractor shall not open the license office or begin providing services until authorization to open has been obtained from the state agency in writing.

3) After opening the license office, if requested by the state agency, the contractor shall allow the preceding contractor, if applicable, to have supervised access to review any records needed in order to reconcile the closing inventory.

d. Records:

1) The contractor must accept the audit copies and records of transactions from the preceding contractor, if applicable, and shall secure and maintain such records in accordance with the state agency’s confidentiality, record retention, and destruction requirements.

2.3 Contractor Personnel:

2.3.1 License Office Personnel Requirements – The contractor shall agree and understand that part of the state agency’s mission is to provide excellent customer service to all license office customers; having experienced, well-trained staff helps facilitate such. Therefore, at a minimum, the contractor must:

a. Provide sufficient staff to operate all state-owned workstations during peak hours, other times demonstrated by customer wait times, the last seven (7) business days of each month, and the closest highway patrol testing days.

b. Provide sufficient staff to perform all office duties and functions required by the state agency to maintain appropriate wait times. If the state agency determines that wait times are unreasonable, upon request of the state agency, the contractor shall provide additional personnel.

c. Provide customer service that takes care of the customer's needs by providing and delivering professional, helpful, high-quality service and assistance before, during, and after the customer's transaction needs are met.

d. Assign a Contract License Office Manager, as defined in Attachment 3, with authority to act on behalf of the contractor in all matters related to the contract, and provide the state agency with the individual’s name, title, direct phone number, and email address. See Attachment 8 for additional information.

2.3.2 Authorized License Offices Access – The contractor shall submit to the state agency all required documents as required by state agency policies and procedures, as amended, before providing access to any state agency records or systems to any individual or entity. The contractor shall not give any individual or entity, including the contractor’s individual employees, access to any state agency records or systems until approval is received from the state agency in writing.

2.3.3 U.S. Authorized Personnel – The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws and regulations. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Immigration and Nationality Act (INA) Section 274A.

2.3.4 Anti-Discrimination Against Israel Act Certification – The contractor shall comply with Section 34.600, RSMo, throughout the duration of the contract.

2.3.5 Subcontracting – For purposes of the contract, a subcontractor is an individual or business entity that contracts to perform part or all of the obligations of another’s contract. Subcontracting is not allowed with regard to any service that is required as part of the contract, unless prior written approval is granted by the state agency.

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-274a https://revisor.mo.gov/main/OneSection.aspx?section=34.600&bid=48680&hl=34.600%25u2044

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a. The contractor shall not use subcontracts for anything other than what is specified below:

1) For supporting products or other services such as office cleaning personnel, maintenance and repair personnel, IT staff, payroll and human resource services, etc. The contractor must include appropriate provisions and contractual obligations to ensure the subcontractor is aware the State of Missouri is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost of any kind, including attorney fees, related to a subcontract. The contractor:

(A) Shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract including, but not limited to, ensuring the subcontractor abides by all state and federal laws and regulations regarding employment of lawfully present individuals;

(B) Shall remain responsible for providing the services as described and set forth herein; and

(C) Must obtain the state agency’s prior written approval for personnel provided via a subcontract and provide documentation as required by the state agency policies and procedures.

b. The state agency reserves the right to request replacement of any subcontracted personnel. The state agency’s decision shall be final and without recourse and may be based on documentation in addition to what the contractor provides.

c. The state agency may annually require the contractor to obtain the state agency’s approval for the contractor to continue to allow access to the public customer service working area and any non-public working area of the license office to such personnel provided via a subcontract.

2.3.6 Training and Meeting Requirements – The contractor must ensure license office personnel are trained to process transactions, provide customer service, and comply with all state agency policies and procedures, as amended, and related federal, state, and local laws and regulations. Contract License Office Manager shall be trained on day-to-day business operations, including but not limited to, processing voids, inventory control, deposits, preparing shipments, etc. If requested by the state agency, the contractor’s personnel shall complete competency testing administered by the state agency. The contractor’s failure to ensure staff are properly trained and educated in state agency policy and procedure and related federal, state, and local laws and regulations may result in the cancellation of the contract.

a. If the state agency mandates any training, the contractor shall agree and understand that the training sessions may be held online, regionally, or in Jefferson City, Missouri, at the sole discretion of the state agency.

b. All license office personnel must participate in any in-person trainings, online trainings, and webinars required and provided by the state agency throughout the effective period of the contract.

c. The contractor shall be responsible for the cost of all required training and education for license office personnel, including any costs associated with Department mandated trainings.

2.3.7 Non-Compete – The contractor shall understand and agree that the state services provided pursuant to the terms and conditions of this contract, and the procedures utilized to perform license office transactions, are not trade secrets, proprietary information, or confidential information that is personal to any one contractor. The contractor’s business documents must not contain any non-compete provision in any way related to the state services provided pursuant to the terms of this contract; and the contractor’s employees must not be required, in any way, to enter into a non-compete agreement in return for employment, or continued employment, within the license office.

2.4 Location and Security:

2.4.1 License Office Location – The contractor shall provide an office location that must be clean, organized, smoke-free, and adequately heated and air conditioned each day for the duration of the contract. The location shall:

a. Be located within the geographic location specified on Attachment 1, unless otherwise approved by the state agency in writing;

LICENSE OFFICE LOCATION: Page 10

b. Not be a personal residence;

c. Comply with the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) (including, but not limited to, the 2010 ADA Standards for Accessible Design, and the Americans with Disabilities Act Accessibility Guidelines), and the Missouri Human Rights Act, and all regulations promulgated thereunder. (see Code of Federal Regulations (CFR), Title 28, Parts 35 and 36). Public Law 101 336, The Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990, and became effective January 26, 1992, prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications and activities of state and local government. Therefore, the business of the State of Missouri must be conducted through premises that fully comply with the 2010 ADA Standards for Accessible Design. For further information concerning specific provisions contact:

President's Committee on Employment of People with Disabilities 1331 F Street, NW, 3rd Floor

Washington, D.C. 20004 Phone: (202) 376 6200

NOTE: The United States Internal Revenue Code may contain provisions permitting tax credits/deductions for small businesses that incur renovation expenses related to compliance with the Americans with Disabilities Act. IRS Publication No. 907, providing information on the provisions, may be obtained online or by calling 1 800 829 3676;

d. Have access to a restroom for personnel use with adequate plumbing that meets or exceeds Local Public Health Agency standards, including hot water;

e. Provide access for delivery of inventory by a semi-tractor trailer; and

f. Provide parking for customers within the immediate proximity of the license office and, to the extent possible, parking should be off-street with easy access in and out, free of charge, and a solid surface (paved, asphalt, etc.).

g. Have the following signage:

1) A sign identifying the license office must be visible from the nearest public street, unless otherwise approved by the state agency.

2) The license office name and the days and hours of operation must be displayed near the entrance of the office and shall be professional.

3) All office signs must provide clear, legible text and be permanent and professional.

4) All signage must be approved by the state agency prior to installation.

5) Any replacement sign(s) must be approved by the state agency prior to placement;

h. Paint walls or replace flooring at additional times if the state agency determines the area has deteriorated beyond acceptable state standards. The contractor must make the state agency required repairs within thirty

(30) calendar days of written notification from the state agency.

2.4.2 Alternate License Office Location – Within ten (10) calendar days from the date of authorization to proceed, if the contractor is unable to identify a suitable location within the city limits as specified in Attachment 1, the contractor may request approval of an alternate location in writing in accordance with this section.

a. The alternate location must be within five (5) miles from one of the following:

1) The current license office location;

2) If there is no current license office location, the most recent location of the license office; or

3) If there is no recent license office location, the city hall or as close to the center of the city as possible.

https://www.eeoc.gov/statutes/americans-disabilities-act-amendments-act-2008 https://www.ecfr.gov/current/title-28 https://www.ecfr.gov/current/title-28 https://www.ecfr.gov/current/title-28/chapter-I/part-35?toc=1 https://www.ecfr.gov/current/title-28/chapter-I/part-36?toc=1

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b. The contractor must provide detailed, substantive proof demonstrating that:

1) The contractor made reasonable efforts to identify an acceptable location within city limits; and

2) A suitable location meeting all contractual requirements within city limits does not exist; or

3) It would be cost prohibitive to purchase or lease property within the city limits and that the cost to purchase or lease outside city limits is significantly less; or

4) The proposed alternate location outside city limits will better serve motor vehicle and driver licensing customers when compared to available locations within city limits.

c. The state agency reserves the right to reject any requested alternate location if the location is beyond the distance requirements in subsection a, or if the contractor fails to provide adequate substantive proof as required by subsection b, or the state agency’s decision may be based on information in addition to what the contractor provides. The state agency’s decision shall be final and without recourse.

d. Unless approved in writing by the state agency, this section shall not modify or extend any of the deadlines established under section 2.2 Transition of License Office Operations.

2.4.3 License Office Size and Floor Space – The contractor’s license office space must consist of the areas listed below. Refer to

Attachment 1 for the minimum square footage requirements and recommendations.

a. Customer waiting area with, at a minimum, seating for customers who are elderly or have a disability. Seating must be made of sturdy construction with arms for individuals to easily rise out of.

b. Customer service working area:

1) The contractor must provide a customer service counter or a desk of sturdy construction for each workstation, as defined below. In the customer service working area, state equipment must not be placed directly on the floor.

(A) A motor vehicle workstation currently consists of a computer and printer (although one (1) printer may be shared between two (2) workstations), credit card reader, signature tablet, and document scanners. Additional computer peripherals may be required by the state agency based on transaction processing requirements, in such event, the contractor must make space available to accommodate.

(B) A driver license workstation currently consists of a computer, printer, document scanner, vision machine, camera, credit card reader, signature tablet, and stylus. Additional computer peripherals may be added based on transaction processing requirements, in such event, the contractor must make workspace available to accommodate.

(C) At a minimum, one (1) driver license workstation must accommodate customers who are elderly or have a disability and may need to be seated during transaction processing and the workstation shall meet ADAAA requirements.

(D) All state-provided workstations must be located in the designated customer service working area, unless otherwise authorized in writing by the state agency.

c. Inventory storage area:

1) Must accommodate and store the license office inventory (refer to Section 2.9 – Inventory for a listing of the items deemed as “inventory”);

2) May be used for storing office supplies and other items related to transaction processing (e.g., unmailed shipments, undeposited state monies, surrendered driver or nondriver licenses, unexpired surrendered license plates, etc.);

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3) Must be a lockable storage unit, stationary safe that is securely affixed to a non-movable surface, walk-in safe, vault, room, closet, cabinet, or a combination therein that is separate from the customer waiting area and located within the license office;

4) Must be locked during non-operating hours and must not be accessible to the public at any time.

2.4.4 License Office Relocation – The contractor must obtain the state agency’s written approval for any change in the license office location prior to the relocation of the license office.

2.4.5 License Office Security System and Cameras – The contractor must protect the license office and its contents with a security system and security cameras. The security system must protect all entrances, windows, inventory, technology service areas, workstations, customer waiting area, and any area(s) that monies are handled. The security system must also include panic buttons between every two (2) workstations in the customer service working area. The security camera(s) must have continuous unimpeded view of and continuously record all entrances, windows, inventory, technology service areas, workstations, customer waiting area, and any area(s) that monies are handled. The security system must allow the state agency remote access to view the security system cameras via the internet at any time without requesting permission. The security system and cameras must be installed, operational, and connected to a surge protector prior to opening the license office. The security system and cameras must comply with policies and procedures, as amended.

a. The state agency may, at its discretion, install its own security cameras on the premises of the license office. The state agency’s cameras will function in addition to, rather than in replacement of, the cameras described in the previous provisions of the contract, and are neither required to meet, nor be limited by, the specifications for the cameras described in the previous provisions of the contract. The state agency’s cameras will transmit data via the contractor’s data lines and/or a system installed by the state agency, at the state agency’s discretion.

The state agency’s cameras may also store data locally, which the state agency may retrieve at its discretion without tampering by the contractor

b. Other Security Measures – The contractor shall agree and understand that as changes in security needs or technology requirements occur, as determined by the state agency, the contractor must make corresponding changes within the timeframe specified by the state agency in writing.

2.5 License Office Equipment, Materials, and Cleaning Procedures:

2.5.1 State Agency-Provided Equipment and Materials:

a. Driver License Workstation Equipment and Motor Vehicle Workstation Equipment – The state agency shall provide the contractor with driver license and motor vehicle workstation equipment as specified in Attachment 1 and as defined in section 2.4.3, License Office Location and Security.

1) State agency-provided workstations or equipment needing replacement due to normal wear and tear will be replaced and installed by the state agency or its designee.

2) Black lights, magnifying glasses, and void punches needing replacement due to normal wear and tear will be replaced by the state agency, if available. If not available, but still required by the state agency, the contractor must replace such items at the contractor’s expense.

3) Once installed, the contractor shall not move any equipment without prior written approval of the state agency.

4) Computer software applications or updates required for license office operations shall be installed by the state agency or its designee.

5) If the state agency determines it is more cost efficient to contract with a managed print company, the state agency may pay the cost for services provided to the license office.

b. State-Provided Materials:

The state agency will provide the contractor with forms, procedures, and manuals in an electronic or paper form.

Forms that are not provided in paper form by the state agency may be printed at the contractor’s expense, as needed.

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2.5.2 Contractor-Provided Equipment and Materials:

a. The contractor shall provide all other equipment and materials necessary to meet the business demands of the license office.

1) The contractor must supply additional motor vehicle workstation equipment at the contractor’s expense, if the state agency:

(A) Increases the number required, but does not provide the additional equipment;

(B) Decreases the number supplied, but does not decrease the corresponding number required;

or

(C) Determines replacement is required if broken or inoperable and no replacement is available, or if machine was broken or rendered inoperable due to misuse by license office personnel.

2) The contractor may further enhance customer service by providing additional workstations upon approval by the state agency. All contractor-provided workstation equipment shall be installed at the contractor’s expense and must meet or exceed state agency requirements.

(A) Contractor-provided equipment shall remain the property of the contractor.

(B) For any contractor-provided equipment, the state agency will install and administer any state agency-designated software applications or updates that are required for license office operations and shall retain ownership of any such…