P00258 - Charter Bus Services.pdf

July 21, 2025

Request for Proposals – P00258 Charter Bus Service

The University of Alabama in Huntsville, hereafter referred to as University or UAH, is requesting Proposals for Charter Bus Services. To register on UAH Bidnet Direct go to http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville. To obtain a copy of this Request for Proposals (RFP), scroll down and click on the RFP number.

All Proposals must be submitted through Bidnet Direct by 3:00 P.M. on Tuesday, August 12, 2025, Central Time Zone, hereafter referred to as (CT). Bid opening will be held virtually at https://uah-uasystem.zoom.us/j/82581949556

In the event it becomes necessary to revise any part of this RFP prior to the assigned return date, revisions will be posted in writing by Procurement Services on our UAH Bidnet Direct website. http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville. The University will be the sole determinant of whether any revisions/addenda should be issued as a result of any questions or other matters, and will extend the Proposal deadline if such information significantly amends this solicitation or makes compliance with the original RFP due date impractical.

In order to be considered for selection, Proposers must submit a complete response to this RFP. The Proposers shall make no other distribution of the Proposals.

No Proposal may be amended or withdrawn after the scheduled closing date and time of receipt for a period of sixty (60) days. The University reserves the right to waive any informality and to reject any and all Proposals.

All questions pertaining to this Request for Proposal should be submitted via Bidnet Direct only: subject Charter Bus Services (P00258).

The deadline for questions is July 31st at 3:00 P.M. (CT).

Sincerely, John Corgill Procurement Officer Procurement Services http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville https://uah-uasystem.zoom.us/j/82581949556 http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville

Request for Proposal Charter Bus Services (P00258)

Purpose

The University’s purpose for this Request for Proposal (RFP) is to solicit Proposals to establish one or more Contracts for Charter Bus Services (P00258). In order to be considered for selection, Proposer must submit a complete response to this RFP. An electronic submission through the UAH BidNet Direct cloud-based platform will be the only way to be considered.

Website location http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville.

Proposals may be amended or withdrawn by the party(s) submitting such Proposal by his/her authorized representative, up until the scheduled due date and time. No Proposal may be amended or withdrawn after the scheduled due date and time of receipt for a period of sixty (60) days.

Contract and Award

The University intends to award one or more contracts for a contract term of up to five (5) years, and the terms and conditions specified herein. The University may award a contract for both local and interstate transportation, for only local transportation (within the Huntsville metropolitan area), or any combination, if it deems it in its best interest to do so. The University reserves the right to negotiate terms, including pricing, prior to contract award.

Event Dates All RFPs must be submitted through BIDNET DIRECT by 3:00 P.M. on Tuesday, August 12, 2025 (CT). All questions regarding the RFP should be submitted via Bidnet Direct by June 31, 2025, at

3:00 P.M. (CT).

In order to be considered for selection, Proposer must submit a complete response to this RFP. The proposer shall make no other distribution of the Proposals except electronically to www.BidNetDirect.com.`

Revisions to the Request for Proposal

The University will be the sole determinant of whether any revisions/addenda should be issued as a result of any questions or other matters. If the University determines that any revisions or answers would materially alter the terms of the solicitation, at its sole discretion, the University may issue an extension of the proposal deadline.

University Rights to Award or Rejection

The University reserves the right to accept or reject any or all Proposals and is not necessarily bound to accept a Proposal if that Proposal is contrary to the best interest of the University. In making an award, intangible factors such as Proposer’s service, integrity, facilities, equipment, reputation, and past performance will be weighed along with the quality displayed in the samples submitted. The University reserves the right to waive any or all formalities.

NOTE: For information regarding Proposer’s responses, it is the Proposer’s responsibility to provide in detail clear proof that the service it is proposing is equal to or better than the requirements of the RFP. The Proposer is responsible to clearly and specifically indicate the service being offered and to provide sufficient descriptive literature, catalog cuts, and technical details to enable the University to determine if the service offered meets the requirements of the invitation. The information furnished with the Proposal will be considered in the evaluation. Failure to furnish the requested information as provided here for evaluation purposes may result in declaring a Proposal nonresponsive. Unless the Proposer clearly indicates in its proposal that the product offered is an “EQUAL” product, such proposal will be considered to offer the brand name product referenced in the RFP. The University will be the sole judge of “EQUAL” items submitted for proposal.

"Any Contract resulting from the RFP will be made available to other eligible entities. This may include but is not limited to: The University of Alabama System, comprised of The University of Alabama; The UAB Enterprise, consisting of The University of Alabama at Birmingham, the UAB Health System and their related foundations and affiliates, and The University of Alabama, Tuscaloosa, AL; and other state entities. Contracts resulting from the award of this RFP cover shipments by any entity previously listed above. Each entity will generate its own purchase orders, payments, etc. and delivery must be made according to the instructions on the purchase order.

The thrust of the Contract is to obtain greater volume price discounts by combining the volume of purchases from participating entities within the State of Alabama.”

Ownership of Material

Ownership of all data, material, and documentation originated and prepared for the University pursuant to the RFP shall belong exclusively to the University.

Proposals should be prepared simply and economically, providing a straightforward concise description of the Proposer(s) capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

Fiscal Funding Clause

The continuation of the Contract is contingent upon the appropriation of funds to fulfill the requirements of the Contract by the legislature. If the legislature fails to appropriate sufficient monies to provide the continuation of a Contract, the Contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.

Certification Pursuant to Act No. 2006-557

Alabama Law (Section 41-4-116, Code of Alabama 1975) provides that every Proposal submitted and Contract executed shall contain a certification that the Proposer, Contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are registered, collecting, and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. By submitting this Proposal, the Proposer is hereby certifying that it is in full compliance with Act No. 2006-557, it is not barred from bidding or entering into a Contract pursuant to 41-4-116 and acknowledges that the awarding authority may declare the Contract void if the certification is false.

Evaluation of Proposals

The Proposer(s) deemed to be fully qualified and best suited among those submitting Proposals will be identified on the basis of the submittal information. Proposals will be evaluated in accordance with the RFP’s evaluation criteria. The University shall select and notify the Proposer(s), which has in the University’s opinion submitted the best Proposal(s) and award the Contract(s).

Each Proposal received will be evaluated for its response to the RFP requirements, and given a numerical score based on the maximum assigned value. Scores will be combined and considered the numerical value of the Proposer’s response. The Proposal(s) with the highest numerical value will be considered the highest ranked Proposer(s). The University reserves the right to request additional information to determine the responsibility of the apparent successful Proposer(s) relative to its ability to comply with the terms and conditions of the RFP.

Modifications, additions, or changes to the terms and conditions of this solicitation may be a cause for rejection of a Proposal; however, the University reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a Proposal as non-responsive.

Proposals are evaluated and award decisions are made in the best overall interest of the University.

The University reserves the right, at its sole discretion, to reject any and all Proposals in whole or in part and to waive any informality, minor deviations and irregularities in the Proposal(s).

The University reserves the right to conduct an additional Oral Presentation and evaluation step should it deem the results inconclusive, or that it is in the University’s best interest to do so. Should the University choose to conduct Oral Presentations, it will issue an Addendum to the RFP with further details.

The successful Proposer(s) will be required to execute a Contract in conformance with the provisions of the RFP. During the period of the Contract, no changes will be permitted in any of the terms and conditions and specifications unless the awarded Proposer receives written approval from the University.

After the due date and time of the RFP, the results will not be available to Proposers until after an award is made. As part of the evaluation process, the University may schedule in-person presentations. Those Proposers will be contacted to schedule presentations.

PROPOSAL INSTRUCTIONS AND CONDITIONS

Intent

It is the intent of the University through this RFP and the terms and conditions contained herein, to establish the requirements of both parties to the Contract resulting from the RFP. Only Proposer’s with relevant experience and the ability to provide the highest quality services in a timely fashion are encouraged to apply.

Important Proposals Deadlines

RFP issued 07/21/2025 Question Deadline 07/31/2025 Submission of Proposals 08/12/2025

Notices

Any notice required under this Contract shall be in writing and shall be given by certified mail, return receipt requested, addressed as follows: if to UAH, to the attention of the department representative, The University of Alabama in Huntsville, Huntsville, Alabama 35899; if to the Contractor, to the address shown on the Contract for Professional Service.

The name and address to which mailings shall be made may be changed from time to time by a notice mailed as set forth above.

Ownership of Material

Ownership of all data, material, and documentation originated and prepared for the University pursuant to the RFP shall belong exclusively to the University.

Permits, Licenses, Taxes, and Certificates of Authority

The Contractor shall, at its sole expense, procure and keep in effect all necessary permits and licenses required for its performance under this Contract, and it shall post or display in a prominent place such permits and/or notices as are required by law. The Contractor must include with its Proposal a certification of authority to conduct business in the State of Alabama. The Contractor shall be responsible for and pay when due any and all taxes and assessments arising out of the operation including, but not limited to, payroll taxes (including all deductions of employees) and income taxes. The Contractor shall comply with the provisions of all applicable statutes and regulations of taxing authorities to which it is subject.

Public Record All Proposals become a matter of public record at the time of award. The University accepts no responsibility for maintaining the confidentiality of any information submitted with the Proposal whether labeled confidential or not.

Questions

Any questions concerning the Charter Bus Services (P00258) should be submitted via UAH Bidnet Direct to Proposal or RFP (Charter Bus Services (P00258). Written replies of general significance will be posted to Bidnet Direct.

Rejection of Proposals

The University reserves the right to reject any and all Proposals and to waive technicalities and minor irregularities in Proposals at its sole discretion.

Grounds for the rejection of a Proposal include, but shall not be limited to:

● Failure of a Proposal to conform to the essential requirements of the solicitation.

● A Proposal imposing conditions which would modify the terms and conditions of the solicitation, or limit the Contractor’s liability to the University on the contract awarded on the basis of such solicitation.

● Failure of the Contractor to sign the Proposal Form in the designated signature location.

● Any Proposal determined by the University to be unreasonable as to commission and/or guarantee.

● Proposals received that are determined to be from Contractors who are not responsive and/or responsible.

Technicalities or minor irregularities in a Contractor’s Proposal which may be waived, when the University determines that it will be in the University’s best interest to do so, are mere matters of form not affecting the material substance of a Proposal or some immaterial deviation from or variation in the precise requirements of this RFP’s and having a trivial or negligible effect on price, quality, quantity or delivery of supplies or performance of the services being procured, the correction or waiver of which will not affect the relative standing of, or be otherwise prejudicial to other Contractors. The University may either give a Contractor an opportunity to cure any deficiency resulting from a technicality or minor irregularity in its Proposal or waive such deficiency where it is advantageous to the University to do so.

Remedies

All parties’ remedies and rights contained in this solicitation shall be cumulative and shall not be in limitation of any other right or remedy which the parties may have.

Representation and Warranties

The Contractor covenants that all action required on its part has been taken to authorize and empower it to enter into and perform this Contract and that it has and will continue to have throughout the terms and conditions of this Contract the full right to perform its obligations hereunder. The Contractor further represents that there are no prior or existing contractual commitments that would prevent it from entering into this Contract or from conducting the activities and carrying out the duties and obligations provided for hereunder.

Restrictions On Communications with University Staff:

From the issue date of this Solicitation, until a Contractor is selected and a Contract award is made, the Proposers are not allowed to communicate about the subject of the procurement with any University administrator, faculty, staff, or members of the Board of Trustees.

If a violation of this provision occurs, the University reserves the right to reject the Proposer’s response to this solicitation.

Revisions to the Request for Proposal

In the event it becomes necessary to revise any part of this RFP prior to the assigned due date, written revisions will be posted by Procurement Services on our website at http://www.bidnetdirect.com/alabama/universityofalabamainhuntsville. Scroll down and click on the Proposal or RFP (P00258).

The University will be the sole determinant of whether any revisions/addenda should be issued as a result of any questions or other matters and will extend the Proposal deadline if such information significantly amends this solicitation or makes compliance with the original proposal due date impractical.

State of Alabama Immigration Law:

Pursuant to the State of Alabama Immigration Law, by signing the Contract, the contracting parties affirm, for the duration of the Contract, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the Contract and shall be responsible for all damages resulting therefrom.

Survival of Terms

All covenants, representations, and warranties of the Contractor contained in the Contract shall survive the termination or expiration of the Contract whenever necessary to carry out the reasonably intended purpose thereof.

Unenforceable Provision

If any provision of the Contract, as applied to any party or any circumstance, shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Contract or the validity or enforceability of the Contract as a whole.

University Name – Limitations on Use The Contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the University except on the specific advanced written authorization of the University’s Vice President for Finance and Administration and Environment Health, and Safety. However, the Contractor shall be allowed to include the University on its routine client list for matters of reference.

Waiver

The failure of any party to assert a right hereunder or to insist upon compliance with any terms and conditions or condition of this Contract shall not constitute a waiver of that right, term, or condition nor excuse a similar subsequent failure to perform any such term or condition.

Warranty Period

Include a copy of your materials warranty; clearly state the length of the warranty for both labor and materials. The Proposer, warrants that the supplies delivered hereunder shall be free from all defects in material and workmanship and shall comply with all the requirements of this order for a period of ninety (90) days from the date such supplies are accepted, unless otherwise provided herein.

Certification Pursuant to Alabama Code § 41-4-142

Alabama Law provides that every bid submitted and contract executed shall contain a certification that the vendor, contractor, and/or all of their affiliates that make sales for delivery into Alabama or leases for use in Alabama have completed all necessary state and local registrations and are collecting and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. By entering into this Agreement, the vendor is hereby certifying and acknowledging that it and its affiliates are in full compliance with Alabama Code Section 41-4-142, they are not barred from bidding or entering into a contract pursuant to that Section, and that the University may declare any award or contract resulting from this solicitation void if the certification is false.

Default

Where the University has determined the contractor to be in default, the University reserves the right to purchase any or all products or services covered by the contract on the open market and to charge the contractor with cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid from the defaulting contractor will be considered.

Access to Facilities

The Contractor and its employees or agents shall have the right to use only those facilities of the University that are necessary to its performance of services under this Contract and shall have no right of access to any other facilities of the University. Sidewalks, entrances, passageways, stairways, and corridors shall not be obstructed by the Contractor or used for any purpose other than ingress and egress to and from the University’s premises. Any damage to UAH property will be the responsibility of the contractor to repair at no cost to the university.

The University of Alabama in Huntsville (P00258)

Specifications

Introduction

The University of Alabama in Huntsville wishes to establish one or more contracts for charter bus services that would be needed by the University’s various departments. The University primarily requires these services for its Athletics Department.

Charter bus sizes required for the 2025-2026 Athletic Department’s academic year are listed below:

● Men’s Lacrosse – 56 passenger

● Women’s Lacrosse – 56 passenger

● Men’s Basketball – 56 passenger

● Men’s Soccer – 56 passenger

● Softball – 56 passenger

● Cross Country/Track and Field – 56 passenger

● Volleyball – 56 passenger

● Women’s Basketball – 56 passenger

● Women’s Soccer – 56 passenger

● Baseball – 56 passenger

The University also occasionally requires smaller buses for local events and transportation.

The University reserves the right to negotiate contracts solely for local transportation;

defined as transportation within the Huntsville metropolitan area.

Scope of Services

Specifications for the proposal are listed herein. All proposals must be for labor and labor-related costs, supervision, management, overhead, supplies, equipment, consumables, and all other costs associated with the delivery of the service. Proposals for services that deviate from these specifications may be considered non-responsible and rejected.

Proposers must be licensed and legally able to provide services in the State(s) through which travel is required.

Tentative Schedules

Please see attached Exhibit 1 for the current tentative schedules and last year’s schedule for the Athletic department. The University reserves the right to request additional trips, and does not guarantee all travel.

Local trips are scheduled as needed and the University makes no promises of quantity or frequency of trips needed.

Scheduling and Trip Planning

For trips across states the contractor shall be able to provide charter bus service for all trips required by the University. The contractor shall provide buses that accommodate a minimum of 56 passengers and be equipped as listed herein. However, the University reserves the right to request a smaller bus depending on its needs.

The University’s Athletic Department shall make every attempt to provide awarded contractors with two weeks advance notification of the exact departure time for bus transportation. Departure times, complete schedules, lodging information, and initial itineraries will be provided for each team at the start of the season. A detailed itinerary with intermediate travel, additional stops, eating times/locations will be provided to the bus driver upon departure.

For other Department’s and local trips the University may not be able to provide a two week notice. Proposers are encouraged to provide their company’s standard scheduling procedure.

The contractor shall fully coordinate its activities in the performance of the contract with those of the University. The contractor and the Coach(es) will discuss scheduling and other matters covered by the contract throughout the contract period.

Contractor’s buses shall be able to report no less than one (1) hour before the scheduled departure time. The contractor must notify the University if it is unable to arrive by the scheduled departure time.

Requirements

The University of Alabama in Huntsville requires that all vehicles used to transport Athletic Teams, be in excellent, working condition, with fully operational equipment to maintain passenger comfort. Therefore, all buses used may generally be no more than six (6) model years old (2019) for extended or lengthy trips (>100 miles, or 2 to 3 hours), and no more than 8 model years old (2017) for shorter trips.

● All Buses are required to have PROPERLY FUNCTIONING heating and Air-conditioning, television, WIFI and, stereo system on-board throughout the cabin.

(Please advise the University if any of the above-mentioned equipment is not available). If these items cease to function at a comfortable or acceptable level during the trip, the University will impose a penalty of up to twenty-five (25%) of the total trip.

The University’s Office of Procurement Services will be the sole judge of any penalties that are applied, based on the circumstances.

● All Buses must have a large, flush-type Restroom facility (cleaned and maintained).

● Any backup or replacement buses that are used must meet the Bid Specifications.

● Proper Operation of overhead Air-Conditioning and Heat, while the bus is in motion.

● The contractor shall ensure both the interior and exterior of all vehicles are maintained in a clean condition.

● Specific requirements for chartered service includes:

● WI-FI Equipment or other mandatory equipment to service the buses

● Plugs for charging phones and laptops in various locations

● Flat-screen Monitors for television/movie viewing

● Satellite for TV viewing

● Luggage compartments

● Reading lights

The Contractor shall at all times ensure that each driver supplied by the contractor complies with the requirements listed below. The Contractor shall be able to furnish this information at the University’s request within 48 hours of a request by the University. Failure to comply with this requirement may be grounds for immediate termination of any resulting contract.

● Carry/maintain a current Class B commercial license with a “P” endorsement and Abide by current D.O.T. hours of service regulations.

● Carry/maintain a medical certificate card to validate that the driver has met the

D.O.T. physical requirements.

● Complete/maintain D.O.T. drug testing compliance. This information must be made available to the University, if requested.

● Be responsible for personal meals and incidentals. Reimbursement for such will not be provided by the University.

● Be available for interim transportation (travel after reaching the destination) to drive the bus Passengers to and from activities and restaurants.

● Pick up and drop off bus passengers at any location on the University’s campus.

The contractor and the contractor’s drivers who are in the provision of services under the contract shall be able to:

● Operate any single vehicle with a Gross Vehicle Weight Rating (GVWR) of 52,000.

● Operate any vehicle designed to transport more than 15 persons (including the driver).

● Engage in any other activity outlined in the Commercial Motor Vehicle Safety Act, must comply with all other requirements in the Commercial Motor Vehicle Safety Act. If requested by the University, the contractor must submit proof of such, no later than 30 calendar days after receipt of the request.

The contractor shall be responsible for all maintenance and repair of the bus. In addition, the contractor must provide a contingency plan in the event of the bus breaking down. The contractor shall be responsible for coordinating any additional bus required for trip completion. Bus must be in route within two (2) hours of bus breakdown. The contractor shall be responsible for any reasonable costs associated with the bus breakdown, including, but not limited to necessary layover expenses incurred by bus passengers such as, hotel accommodations, meals and alternate transportation.

Pricing

The University would prefer an all inclusive pricing covering all expenses including, but not limited to, driver lodging, driver means and incidentals and driver exchanges. The contractor shall pay all moving or traffic fines and penalties, and any fines assessed which are caused by mechanical failure. Additionally a one day trip should be considered a round trip of 400 miles or less.

Multi-day trips are to be paid the minimum daily charge shown herein or per mile, whichever is greater. The number of days will be calculated based on the actual hours – will not reset at midnight. Example: A bus that leaves The University of Alabama in Huntsville at 10:00 p.m.on Tuesday and returns at 10:00 a.m. on Wednesday will be calculated as a one-day trip (total of 12 hours) and not as a two-day trip (Tuesday and Wednesday).

In the event of a cancellation by the University, the following shall apply:

If the contractor is notified of a cancellation no less than four (4) hours prior to the scheduled departure time, the contractor shall not be entitled to any reimbursement.

If the contractor is notified of a cancellation less than four (4) hours before the scheduled departure time, the contractor shall be reimbursed $250 per bus requested by the University.

Submittal

Proposals shall include:

1. Table of Contents

2. Introduction, no more than 2 pages with the history of the company and experience in providing the services

3. Pricing page with a local hourly rate if local transportation services are provided; for interstate travel a daily rate and/or a mileage rate. For interstate travel Proposers shall provide detailed pricing for a 5 day trip from the University’s campus in Hunstville, Alabama to Florida Atlantic University’s campus in Boca Raton, Florida.

The quote shall include any fees or surcharges that are not included in the daily/mileage rate. The University will reserve the right to negotiate pricing with the highest ranked Proposers prior to contract award.

4. References and past performance, please see paragraph below for detailed reference requirements.

5. List of personnel and years of employment, company’s business practices, including but not limited to, scheduling, maintenance, procedure in case of a breakdown during the trip, and management of the fleet.

6. Description of the Proposer’s fleet with photographs, details about amenities provided, and any additional services provided not listed within this RFP.

7. For interstate trips the company will also provide a Disaster Recovery Plan shall be included in the RFP showing how the vendor would assist UAH in evacuating its students, faculty and, guest in the event of a serious storm or the hurricane was to happen while these persons were on board the bus in a particular city while traveling.

Proposer must provide at least three references, for similarly sized organizations for the University to contact for evaluation. References of similar higher education entities with NCAA membership are preferred, specifically for interstate trips. The University will evaluate the references satisfaction with the work performed and any other comments made by the Proposer’s references. If the University cannot reach a reference within three tries, emails or phone calls, the University will move on to the next reference provided until the University is able to reach three references. If the University cannot reach at least three references, then the proposal may be considered non-responsive. The University reserves the right to ask for additional information or alternate contact information prior to deeming a proposal non-responsive.

Evaluation Criteria

This Proposal will be awarded using the following criteria:

Evaluation Criteria Points

Pricing 40 Past Performance and References; this includes any work performed for the University 15

Personnel (including retention of key personnel), company's business practices, including scheduling, maintenance, and management of the fleet

Amenities; Bus Fleet including size and age of fleet; additional services provided beyond minimum requirements 20

Total 100

Supplemental Terms and Conditions

The contractor shall understand and agree that the University cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor’s employees related to the contractor’s performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the University, its Board of Regents, its employees, its clients, and the general public against any such loss, damage and, or expense related to his/her performance under the contract. The insurance coverage shall include general liability and appropriate professional liability. The insurance shall include an endorsement that adds the University as an additional Insured. Written evidence of the insurance shall be provided by the contractor to the University with the Proposal. The evidence of insurance shall include, but shall not necessarily be limited to effective dates of coverage, limits of liability, insurer’s name, policy number, endorsement by representatives of the insurance company, etc.

Evidence of self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable. In the event the insurance coverage is canceled, the University must be notified immediately. Please refer to the Insurance Requirements outlined within this RFP.

The contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employed by the University. The sole relationship between the University and the contractor is as established by this contract. The contractor acknowledges responsibility for filing all returns and paying all taxes, FICA, employee fringe benefits, workers compensation, employee insurance minimum wage requirements, overtime, etc., associated with the performance of the contractual requirements herein, and agrees to indemnify save and hold the University, its officers, agents, and employees, harmless from and against any losses, costs, attorney fees, and damage of any kind related to such matters. Upon request, the contractor will provide to the University evidence of compliance with these requirements.

Authorized Personnel

The contractor shall only utilize personnel authorized to work in the United States and is following applicable federal and state laws. This means that you must comply with all applicable state and federal employment laws including but not limited to the INA sections of the law.

If the contractor is found to violate this requirement or the applicable State, federal and local laws and regulations, and if the University has a reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the University shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the University.

The University may also withhold up to twenty-five percent of the total amount due to the contractor.

The contractor shall agree to fully cooperate with any audit or investigation from Federal, state or local law enforcement agencies. Please refer to the State of Alabama Immigration law for any additional requirements not listed within this document. Contractor shall be required to follow any and all immigration and labor laws that shall apply to the services described within this RFP.

GENERAL TERMS AND CONDITIONS

Article 1. Scope of Services.

1.1 General Responsibilities. Contractor agrees to perform the services set forth in the Contract for Services (the “Agreement”) on the schedule set forth therein. Any material amendments to the Services, their scope, or the timing of performance, shall be set forth in a separate writing duly executed by authorized representatives of each party and treated as an amendment to this Agreement.

1.2 Standard of Performance. Contractor agrees that all persons working for and on behalf of it shall obey all applicable rules and regulations established by University, shall comply with the reasonable directions of University’s officers, and shall conform to the highest standards of performance for the type of work involved

1.3 Inspection. University, through its authorized representatives, shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed by Contractor, including but not limited to the right to request and review all internal records of Contractor that relate in any way to the Services, including but not limited to records that relate to requests for payment by Contractor.

Article 2. Term and Termination.

2.1 Term of Agreement. This Agreement shall be effective as of the Effective Date. All work and services required hereunder shall be provided within the period provided in the Agreement.

2.2 Termination. University may, by written notice to Contractor, terminate this Contract in whole or in part at any time, either for University’s convenience or because of the failure of Contractor to fulfill its contract obligations. Upon receipt of such notice, the Contractor shall: (a) immediately discontinue all service affected (unless the notice directs otherwise), and (b) deliver to University all data, reports, summaries, and such other information and material as may have been prepared for and/or accumulated by Contractor in performing this Contract, whether completed or in process.

2.3 Notice of Delay. Contractor understands that time is of the essence in this Agreement.

Contractor shall monitor the progress of its provision of the Services and shall promptly advise University of any material delays or reasonably anticipated delays that may prevent the Services from being completed on the schedule set forth in the Agreement and shall state in writing the revised performance date as soon as practicable after the notice of delay.

Article 3. Compensation, Reimbursement, and Payment.

3.1 Total Obligation. University’s total obligation to Contractor under this Agreement, including compensations for goods, services, and reimbursable expenses, shall not exceed the amount provided in the Agreement without the prior written approval of the University. Quantities furnished in excess of those specified in this order will not be accepted and will be held at Contractor's risk, unless previously authorized by the University.

3.2 Travel Reimbursement. If this Contract calls for reimbursement of Contractor’s actually incurred travel expenses, University will reimburse travel expenses as follows: the cost of food, lodging, and miscellaneous expenses while in travel status, plus the cost of ground and/or air transportation. Reimbursement shall be limited to expenses which are actual, reasonable, and necessary. For travel by private vehicle, reimbursement shall be made at the then current State of Alabama rate of reimbursement per mile, and for travel by air it shall not exceed the cost of economy airfare. Payment shall be made after presentation of appropriate documentation and or receipts for all business expenses.

3.3 Payment. University shall pay Contractor’s invoices by the day that is thirty (30) calendar days after University receives the Contractor's invoice, unless a different arrangement (e.g., monthly, upon proper billing) is set forth herein.

3.4 Access to Facilities. Contractor and its employees or agents shall have the right to use only those facilities identified in the Contract and shall have no right of access to any other facilities of University.

Article 4. Representations and Warranties.

4.1 Eligibility. Contractor expressly represents, warrants, and agrees that neither

Contractor, nor any of its principals, nor any employee or subcontractor of Contractor performing the Services, is as of the Effective Date debarred, declared ineligible, or voluntarily excluded by any Federal department or agency from participation in federally-funded contracts. Contractor further expressly represents, warrants, and agrees that neither Contractor nor any of its employees is, as of the Effective Date, debarred, declared ineligible or voluntarily excluded by any State of Alabama department or agency from participation in State-funded contracts. Contractor shall notify University promptly and in writing if it becomes debarred or suspended during the term of this Agreement or if it becomes subject to any investigation that could lead to debarment.

4.2 Interest of Contractor. Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract no such person having such interest shall be employed or engaged.

4.3 Disclosure Statement. By accepting payments agreed to in the Agreement, Contractor certifies that, to its actual knowledge, no University employee or official, and no family members of a University employee or official, will receive a benefit from these payments, except as has been previously disclosed, in writing, to University on the required Disclosure Statement of Relationship Between Contractors/University and Employees/Officials of the University of Alabama in Huntsville.

4.4 Prior Commitments. Contractor covenants that all action required on its part has been taken to authorize and empower it to enter into and perform this Contract and that it has and will continue to have throughout the term of this Contract the full right to perform its obligations hereunder. Contractor further represents that there are no prior or existing contractual commitments that would prevent it from entering into this Contract or from conducting the activities and carrying out the duties and obligations provided for hereunder.

4.5 No Defects. Contractor warrants to University that all work performed shall: (a) conform in all respects to all of the requirements of this Contract; (b) be free from all defects in materials and workmanship; and (c) be free from all defects in design and be fit for its intended purpose.

4.6 Licenses and Permits. Contractor shall, at its sole expense, procure and keep in effect all necessary permits and licenses required for its performance under this Contract, and it shall post or display in a prominent place such permits and/or notices as are required by law.

Article 5. Liability and Insurance.

5.1 Insurance. Contractor shall carry comprehensive insurance in amounts and coverage lines as indicated in Appendix B to this Agreement. A certificate evidencing that all such policies are in force and naming The Board of Trustees of The University of Alabama, its affiliated foundations, and their respective trustees, directors, officers, employees, agents, and representatives, as additional insured thereon have been paid for in full and shall be delivered to University prior to any activity commencing under this Agreement.

5.2 Indemnification. Contractor agrees to indemnify and hold harmless University, its trustees, officers, agents, employees, successors, and/or assigns from all liability, losses, claims, demands, actions, debts, and expenses of every name and nature for personal or bodily injury (including any resulting in death), damage to property, and/or other injury or damage arising out of or as a consequence of Contractor’s acts or omissions in performing under this Contract, its presence on University’s premises, or the existence of this Contract or any matter related hereto. This indemnification agreement shall include all costs, including reasonable attorney’s fees and court costs, incurred by University in connection with the defense against any such claim of liability.

5.3 Encumbrances. Contractor shall at all times keep University free and clear from all encumbrances and liens asserted against or on account of it or its employees and/or agents, by any person, firm, or corporation for any reason whatsoever. If any such lien shall at any time be filed against University’s premises, and Contractor shall fail to cause such lien to be removed or discharged (by payment or bond or otherwise) within ten (10) calendar days after being notified of the filing of such lien, University may, but shall not be obligated to, discharge the same. All costs and expenses (including attorney’s fees) incurred by University in discharging the lien shall either be deducted from any payments due Contractor or be paid by Contractor directly to University.

5.4 Damage. Contractor shall be responsible for the acts of its employees and agents while on University’s premises and for all injury to persons and damage to property located on University’s premises caused by its employees and agents. Contractor shall promptly repair, to the specifications of the University’s Vice President for Finance and Administration, any damage that it, or its employees or agents, may cause to University’s premises or equipment. On Contractor’s failure to do so, University may repair such damage and Contractor shall reimburse University promptly for the cost of repair.

5.5 Loss of Contractor’s Property. University shall have no responsibility for the loss, theft, or mysterious disappearance of or damage to equipment, tools, materials, supplies, and other personal property of Contractor or its employees or agents.

5.6 Notice of Damage. Contractor agrees that, in the event of an accident of any kind on

University’s premises involving any of its employees or agents, Contractor will immediately notify the University’s Vice President for Finance and Administration and thereafter furnish a full written report of such accident.

5.7 Disputes. Any alleged claim against University for breach of this Contract or any other liability must be submitted to the Board of Adjustment of the State of Alabama, the exclusive means provided by the law of the State of Alabama for bringing a claim against a state agency.

Article 6. Payment of Taxes

6.1 Contractor’s Taxes. Contractor shall pay when due all taxes or assessments applicable to it. Contractor shall comply with the provisions of all applicable statutes and regulations of taxing authorities to which it is subject.

6.2 University’s Taxes. Notwithstanding any provision to the contrary in the Agreement, University shall only be responsible for applicable taxes for which it is not tax exempt.

Upon request, University can provide a copy of its tax exemption certificate.

Article 7. Confidential Information.

7.1 FERPA Compliance. To the extent that personally identifiable information regarding any student records is shared with Contractor pursuant to the Agreement, the Parties agree to the attached “FERPA and Privacy Provisions,” which is attached at Appendix A and fully incorporated herein by reference, in order to comply with the Family Educational Rights and Privacy Act of 1974 (20 USC § 1232g as amended (FERPA)). Contractor shall be considered a school official with a legitimate educational reason to have access to such protected information, in compliance with this University Agreement.

7.2 Data Breach Notification. To the extent Contractor maintains, stores, processes or is otherwise permitted to access either for itself or, on University’s behalf, sensitive, personal information (as defined by the Alabama Data Breach Notification Act of 2018 or other applicable law), Contractor agrees to comply with all aspects of Alabama’s breach notification law or other applicable breach notification law, including but not limited to implementing reasonable security measures (including appropriate disposal of records);

conducting a prompt and good faith investigation of potential breaches of security;

promptly and without unnecessary delay providing notice to University of the breach (including without limitation notifying University of the nature of the information disclosed in the breach, the types and numbers of individuals affiliated with University (e.g., students, employees, etc.) affected by the breach, and when the breach occurred); and timely and sufficiently complying with all breach notification requirements, including providing breach notification on University’s behalf. Contractor understands that its failure to comply with this state law constitutes a material breach of its agreement with University as well as a violation of the laws set forth in the Alabama Data Breach Notification Act of 2018 and other applicable breach notification law.

7.3 Return or Destruction of Data. Within thirty (30) calendar days of the completion of the term or of the termination of this Agreement, or upon earlier request of University, Contractor shall return all documents, data, and other information provided by University to Contractor or Contractor’s employees or agents in connection with this Agreement.

Contractor, upon the request of the University, shall destroy all copies of such University-provided data, documents, or information in Contractor’s possession or control, and certify to University that it has completed such destruction.

Article 8. Restrictions on University’s Name.

8.1 Use of Name. Contractor acknowledges and agrees that University owns the rights to its own name and its other names, symbols, designs, and colors, including without limitation, the trademarks, service marks, designs, team names, nicknames, abbreviations, trade dress, uniforms, city/state names in the appropriate context, slogans, logographics, mascots, seals, and other symbols associated with or referring to University that are adopted and used or approved for use by University (collectively the “Indicia”). Contractor shall not have any right to use any of the Indicia or any similar mark as, or as part of, a trademark, service mark, trade name, fictitious name, domain name, company or corporate name, a commercial or business activity, or advertising or endorsements anywhere in the world without the prior express written consent of University or as set forth in the Agreement (e.g., to identify University within the Services).

8.2 Press Releases. Except as expressly set forth in the Agreement, Contractor will not issue any press releases nor post information concerning this contract…