RFP No. 2019-56-C.pdf

Clovis Community College, Clovis, New Mexico cannot guarantee that due to internal procedures any proposals sent Priority Mail will be picked up and delivered by the due date and time. It is recommended that time critical proposal deliveries be made either in person or via an alternate delivery method.

RFP NO.: 2019-56-C

Bank Depository Services

Sealed proposals are due to the Purchasing Department PRIOR TO:

WEDNESDAY, MAY 22, 2019 at 3:00 PM Mountain Time

NO LATE PROPOSALS WILL BE ACCEPTED

Clovis Community College Purchasing Department

Clovis Community College appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following Instructions to Offerors, General Terms and Conditions, and Specifications.

INSTRUCTIONS TO OFFERORS

1. Proposal Delivery, Due Date and Time

a. Clovis Community College is seeking sealed proposals for Bank Depository Services. Sealed proposals must be received prior to 3:00 PM Mountain Time, on May 22, 2019. Any proposal received after the due date and time will be rejected and returned unopened to the offeror. Each proposal and supporting documentation must be in a sealed enveloped or container and plainly marked with the RFP No. and Title. Offeror must also include their company name and address on the outside of the envelope or container.

b. Proposals must be addressed to:

Clovis Community College Purchasing Department 417 Schepps Blvd. Room 116 Clovis, New Mexico 88101

c. Intentionally omitted.

d. Offerors are responsible for making certain proposals are delivered to the Purchasing Department. Mailing of a proposal does not ensure the proposal will be delivered on time. If the offeror does not hand deliver, it is recommended the offeror use some sort of delivery service. Clovis Community College assumes no responsibility for errant delivery of proposals, including those relegated to a courier agent who fails to deliver in accordance to the due date and time.

e. No proposals will be accepted by oral communication, telephone, e-mail, or facsimile.

f. Proposals may be withdrawn prior to the due date and time. Proposals cannot be withdrawn, altered or amended after the due date and time.

g. Clovis Community College reserves the right to extend the due date and time through an addendum.

2. Sequence of Events

The Purchasing Department of Clovis Community College will make every effort to adhere to the following schedule:

Action Responsible Party Due Dates

1. Issue RFP College T-0

2. Distribution List College T-14

3. Pre-Proposal Conference College T-14

4. Deadline to Submit Questions Potential Offerors T-21

5. Response to Questions College T-24

6. Submission of Proposal Potential Offerors T-31

7. Proposal Evaluation College T-31 to T-45

8. Selection of Finalists College T-47

9. Presentations/Demonstrations Finalist Offerors T-60

10. Best and Final Offerors Finalist Offeror(s) T-70

11. Contract Negotiations Finalist Offeror T-70 to T-90

12. Award of Contract College T-110

13. Protest Deadline College +15 days after award

This sequence of events is an estimated timeline of events. Due to scheduling and other unforeseen conflicts, this schedule may be condensed or extended. Any changes to the Deadline to Submit Questions or Submission of Proposals will be through an addendum. All other changes are at the sole discretion of Clovis Community College and do not require an addendum.

3. Optional Pre-Proposal Meeting

a. For the purpose of familiarizing offerors with the requirements and answering questions as needed for clarification, a pre-proposal meeting will be held April 24, 2019 at 2:00 PM Mountain Time in Room 101 at Clovis Community College, 417 Schepps Blvd., Clovis, NM 88101. All persons attending the conference will be required to sign in and identify the prospective offeror they are representing.

b. It is the offeror’s responsibility to attend the pre-proposal meeting though the meeting is not mandatory.

4. Intentionally Omitted.

5. Clarification of Requirements

a. It is the offeror’s responsibility to advise the Purchasing Department if any language, requirements, or any combination thereof inadvertently restricts or limits the requirements stated in this proposal to a sole source. Such notification must be submitted in writing and must be received by the Chief Procurement Officer no later than three (3) days prior to the due date and time. A review of such notifications will be made. Failure to provide the appropriate information within the time allotted shall constitute a waiver of any protest.

b. All questions or clarifications must be submitted online at:

https://www.bidnetdirect.com/new-mexico/cloviscommunitycollege. Any question submitted via email or over the phone will not be answered.

Prospective offerors who submit questions via email or over the phone will be directed to submit their question or clarification to the link above.

6. Addenda

a. Any changes, additions, or modifications to the proposal will be made by a written addendum. Any addenda will be posted online at https://www.bidnetdirect.com/new-mexico/cloviscommunitycollege. It is strongly suggested that prospective offerors check for any addenda a minimum of seventy-two (72) hours prior to the due date and time.

b. All addenda shall be in writing. Clovis Community College shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by Clovis Community College in writing or in this proposal should be used in preparing responses. All contacts that a offeror may have had before or after receipt of this proposal with any individuals, employees, or representatives of Clovis Community College or any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses.

c. Clovis Community College does not assume responsibility for the receipt of any addendum sent to prospective offerors.

7. Examination of Documents and Requirements

a. Each offeror should carefully examine all documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the goods and/or services being proposed meet the intent of these specifications.

b. Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations necessary to ascertain conditions and requirements affecting their proposal. Failure to make such investigations and examinations shall not relieve the offeror from the obligation to comply in every detail, with all provisions and requirements of this proposal.

https://www.bidnetdirect.com/new-mexico/cloviscommunitycollege

8. Proposal Submittal

a. Submittal of a Sealed Paper Proposal

i. Offerors must submit one (1) original and two (2) softcopies of their sealed proposal prior to the due date and time. The two (2) softcopies must accompany the original in the sealed proposal and can be either CD- ROM, USB Drive, or other media. Failure to submit the required additional copies may result in the proposal being deemed non-responsive to the specifications.

b. Intentionally Omitted.

c. Clovis Community College is exempt by statute from payment of all federal, state and municipal excise, sales and other taxes. Tax exempt certification or a Non- Taxable Transaction Certificate will be executed by the Purchasing Department upon request.

d. Any information regarding warranties and/or maintenance agreements pertaining to said proposal item(s) are to be included in the proposal submittal.

e. All proposals submitted shall be F.O.B. Delivered, Freight Pre-Paid and Allowed and shall include all delivery and packaging costs.

f. Proposal prices shall be held firm for a minimum period of one-hundred twenty

(120) days. Proposals subject to price increases during this period shall be deemed non-responsive and will not be evaluated further.

g. All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by offerors shall become the property of Clovis Community College when received.

9. Proposal Preparation Costs

a. Issuance of this RFP does not commit Clovis Community College in any way to pay any costs incurred in the preparation and submission of a proposal. Offerors are solely responsible for any costs incurred in preparation and submission of their proposal.

b. The issuance of this RFP or the receipt of any response to this RFP does not obligate Clovis Community College to enter into any contract for goods and/or services.

10. Public Inspection

a. General

i. After award, any written determinations made, the evaluation committee report and each proposal, except those portions which the offeror has made a written request for confidentiality, shall be open to public inspection. Confidential data is normally restricted to confidential financial information concerning the offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA 1978. The price of goods offered or the cost of services may not be designated as confidential information.

Award in this context means the final required Clovis Community College signature on the contract(s) resulting from this procurement.

b. Confidential Data

i. If a request is received for disclosure of data for which a offeror has made a written request for confidentiality, the Chief Procurement Officer shall examine the offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. If it is determined that a offeror’s requested confidential data should be disclosed, that offeror will receive reasonable notice in order to afford the offeror the opportunity to take legal action to prevent disclosure.

Unless the offeror takes legal action to prevent the disclosure, the data will be so disclosed. After award the proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

c. Public Records Act

i. The inspection of public records is governed by the Inspection of Public Records Act, 14-2-1 through 14-2-12 NMSA 1978. To the extent that any provision in this Instructions to Offerors conflicts with the Inspection of Public Records Act, as interpreted by the courts of this State, that act shall control. Furthermore, no obligation to keep data confidential which is contained herein is intended to create any liability that would not otherwise exist under law.

11. Resident Offeror, Resident Veteran Business, Resident Contractor, and Resident Veteran Contractor Certification

a. To receive a resident business or resident veteran business preference pursuant to Section 13-1-21 NMSA 1978 or a resident contractor or resident veteran contractor preference pursuant to Section 13-4-2 NMSA 1978, a business or contractor shall submit with its proposal a copy of a valid resident business certificate, valid resident veteran business certificate, valid resident contractor certificate or valid resident veteran contractor certificate issued by the taxation and revenue department. The certificate submitted must meet the requirements of Section 13-1-22 NMSA 1978.

12. Resident Business / Resident Veteran Business Preference

a. By issuing this RFP, Clovis Community College shall award a proposal submitted by a resident business an additional five percent (5%) of the total possible points available in accordance with Section 13-1-21 NMSA 1978.

b. By issuing this RFP, Clovis Community College shall award a proposal submitted by a resident veteran business that has an annual gross revenue of up to three million dollars ($3,000,000) in the preceding tax year an additional ten percent (10%) of the total possible point available in accordance with Section 13-1-21

NMSA 1978.

13. Right to Protest

a. Any protest by an Offeror must be timely and in conformance with Section 13-1-

172 NMSA 1978, and applicable procurement regulations. The fifteen (15) calendar day protest period shall begin on the day following the award of the contract and will end at 5:00 PM Mountain Time on the 15th day. Protests must be written and must include the name and address of the protestor and the RFP number. It must also contain a statement of the grounds for the protest, including appropriate supporting exhibits and must specify the ruling requested by the Chief Procurement Officer. The protest must be delivered to:

Corey Isaacs, Chief Procurement Officer

417 Schepps Blvd.

Clovis, NM 88101

b. Failure to protest within the time period allotted shall constitute a waiver of any protest.

c. Protests received after the deadline shall not be accepted.

14. Bribes, Gratuities, and Kickbacks

a. Offerors shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, agent or representative of

Clovis Community College. Doing so is a violation of the Procurement Code and any business or person that willfully violates the Procurement Code may be subject to criminal and civil penalties as allowed for under law.

b. The Procurement Code, 13-1-28 through 13-1-199 NMSA 1978, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

15. Campaign Contribution Disclosure and Prohibition

a. Offerors shall disclose all campaign contributions given by the offeror or a family member or representative of the offeror to an applicable public official of the state or a local public body during the two years prior to the date on which the proposal is submitted, if the aggregate total of contributions given by the offeror or a family member or representative of the offeror to the public official exceed two-hundred fifty dollars ($250) over the two-year period.

b. The disclosure shall indicate the date, the amount, the nature and the purpose of the contribution. The form is included as part of this RFP packet and is required as part of the proposal submittal.

c. If no contributions were made, the offeror shall make a statement that no contribution was made.

d. An offeror or a family member or representative of the offeror shall not give a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the RFP process.

e. A solicitation or award for a proposed contract may be canceled or a contract that is executed may be ratified or terminated if:

i. A prospective contractor fails to submit a fully completed disclosure statement; or

ii. A prospective contractor or family member or representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process.

16. Authorization to Bind

a. Proposals must show offeror name and address of offeror. The person authorized to bind the company must be included. Person submitting the proposal must show title or authority to bind their company.

b. The proposal submitted by the offeror shall become an integral part of the contract between Clovis Community College and the offeror. The representations, covenants, and conditions contained therein shall be binding upon the person or company executing the same.

17. Proposal Opening

a. Proposals shall not be opened publicly and shall not be open to public inspection until after award of a contract. An offeror may request in writing nondisclosure of confidential data. Such data shall accompany the proposal and shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.

b. The record shall only indicate which offerors submitted a response to this RFP.

This records shall be available within 48 hours after the due date/time for the receipt of proposals at: https://www.bidnetdirect.com/new-mexico/cloviscommunitycollege.

18. Evaluation of Proposals

a. The evaluation shall be based on the evaluation factors and the relative weights set forth in this RFP.

b. Clovis Community College has appointed an evaluation committee to review and evaluate responses received.

c. For the purpose of conducting discussions under 1.4.1.39 NMAC, proposals shall initially be classified as:

i. Responsive;

ii. Potentially responsive, that is, reasonable susceptible of being made responsive; or

iii. Non-responsive.

d. Non-responsive proposals are disqualified and eliminated from further consideration. A written determination in the form of a letter shall be sent to the disqualified offeror(s) setting forth the grounds for the disqualification.

19. Proposal Discussions and Negotiations with Individual Offerors

a. Discussions may be conducted with responsible offerors who submit acceptable or responsive, potentially acceptable or potentially responsive proposals.

b. Discussions are held to clarify technical or other aspects of the proposals.

c. If during discussions there is a need for any substantial clarification or change in the RFP, the RFP shall be amended to incorporate such clarification or change.

Any substantial oral clarification shall be reduced to writing by the offeror.

Proposals may be accepted and evaluated without such discussion. This is not an opportunity for offerors to amend the substance of their proposals.

d. All responsible offerors who submit acceptable proposals are eligible for the short list. If numerous acceptable proposals have been submitted, the Chief Procurement Officer may rank the proposals and select the highest ranked proposals for the short list. Those responsible offerors who are selected for the short list are the “short-listed offeror” or “finalist offerors”.

e. Competitive negotiations may be held with the short-listed offerors to:

i. Promote understanding of the requirements and short-listed offerors’ proposal; and

ii. Facilitate arriving at a contract taking into consideration the evaluation factors set forth in this RFP;

iii. Negotiations of the relevant terms and conditions as well as any other important factors in this RFP will be negotiated prior to award of a contract, not after award.

f. Short-listed offerors shall be accorded fair and equal treatment with respect to any negotiations and revisions of proposals. If during discussions there is a need for any substantial clarification or change in the RFP, the RFP shall be amended to incorporate such clarification or change. Any substantial oral clarification of a proposal shall be reduced to writing by the short-listed offeror.

20. Disclosure

a. The contents of any proposal shall not be disclosed so as to be available to competing offerors during the negotiation process and prior to award.

21. Best and Final Offers

a. Clovis Community College reserves the right to request a Best and Final Offer from any or all short-listed offerors.

22. RFP Award

a. General

i. Award shall be made to the responsible offeror or offerors whose proposal is most advantageous to Clovis Community College, taking into consideration the evaluation factors set for in this RFP.

b. Product Acceptability

i. Clovis Community College may require the submission of samples, descriptive literature, technical data, or other material to determine products acceptability. Clovis Community College may also request:

1. Inspection or testing of a product for such characteristics as quality or workmanship;

2. Examination of such elements as appearance, finish, taste or feel;

or

3. Other examinations to determine whether it conforms with other specification requirements.

ii. Purpose of Acceptability Evaluation

1. An acceptability evaluation is not conducted for the purpose of determining whether one offeror’s item is superior to another’s, but only to determine that a offeror’s offering is acceptable as set forth in the specifications. Any offeror’s offering which does not meet the acceptability requirements shall be rejected as non-responsive.

c. Brand Name or Equal Specification

i. If the specifications call for a brand-name or equal, the purpose of utilizing a brand-name is to describe the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

23. Equal Employment Opportunity

a. Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, disability, or in any way violate Title VII of the 1964 Civil Rights Act, as amended, except as permitted by said laws.

CLOVIS COMMUNITY COLLEGE

GENERAL TERMS AND CONDITIONS

1. Notwithstanding acceptance by Clovis Community College of the goods or services ordered hereby, no additional terms or conditions of the vendor, whether contained within the vendor’s invoice or otherwise, shall be accepted by Clovis Community College, unless agreed upon in writing.

2. In the event the terms and conditions herein expressed conflict with the terms and conditions of any specifications issued by Clovis Community College in conjunction with this purchase, the specifications shall supersede these terms and conditions to the extent of the conflict.

3. Clovis Community College will not accept or pay for goods delivered or services performed without a specific written Purchase Order.

4. All goods to be delivered or services to be performed shall conform in every respect to the specification issued by Clovis Community College in conjunction with its solicitation of bids or proposals. In the event no such specifications were issued, the goods or services shall conform to the response submitted by the vendor.

5. By acceptance of this order, in addition to the guarantees and warranties provided by law, Contractor expressly guarantees and warrants as follows: A) that the goods delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for goods and that the Contractor will bear the cost of inspecting and/or testing articles rejected; B) that the goods to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright and that the Contractor will, at Contractor’s own expense, defend any and all actions or suits charging such infringement and will save and hold harmless Clovis Community College, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising therefrom; C) that the goods to be delivered hereunder will be manufacture red, sold and/or installed in compliance with the provisions of applicable federal, state and local laws and regulations; D) that nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of Clovis Community College.

6. Unit pricing shall be in strict conformity with the bid or proposal submitted by the Contractor, unless a price increase is authorized by Clovis Community College.

7. Price escalations may be permitted by Clovis Community College during the term of the contract. All requests for price escalations shall be in written form and shall demonstrate industry-wide or regional increases in the Contractor’s costs.

8. If during the term of the contract the Contractor’s net prices to other customers for the same goods and/or services are lower than the Clovis Community College contracted prices, an equitable adjustment shall be made to the contract price.

9. In accordance with NMSA 1978 § 7-9-54, sales of tangible personal property to Clovis Community College are specifically exempted from the Gross Receipts Tax.

10. Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage-free shipment and storage.

11. All orders shall be F.O.B. delivered, freight pre-paid and allowed, and shall include all delivery and packaging costs. Clovis Community College assumes no liability for goods delivered in damaged or unacceptable condition. The Contractor shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by Clovis Community College. In instances where Clovis Community College discovers concealed damage to property and such property will requirement shipment back to Contractor, Contractor shall be solely responsible for shipping fees.

12. Deliveries will be accepted only during normal working hours at the designated location.

13. Default in promised delivery without acceptable reasons, or failure to meet specifications, authorizes Clovis Community College to purchase goods or services elsewhere and charge any increase in cost and handling to the defaulting Contractor.

14. In addition to other rights provided by law, Clovis Community College reserves the right to: A) inspect goods delivered and to return those which do not meet specifications or reasonable standards of quality; B) reject goods shipped contrary to instructions or in containers which do not meet recognized standards; C) cancel the order if not filled within the time specified. Clovis Community College may return rejected articles or excess shipment on this order, or may hold the goods subject to the Contractor’s order and at Contractor’s risk and expense, and may in either event charge the Contractor the cost of shipping, unpacking, inspecting, repacking, reshipping and other like expenses.

15. Invoices may be submitted electronically to Accounts.Payable@clovis.edu, or submitted to: Clovis Community College, Business Office, 417 Schepps Blvd, Clovis, NM 88101. The Clovis Community College Purchase Order Number must appear on all invoices, delivery memoranda, bills of lading, packing slips, and correspondence.

16. Payment terms are pursuant to NMSA 1978 § 13-1-158 unless otherwise specified by Clovis Community College.

17. The Contractor agrees to indemnify and hold Clovis Community College harmless from any claim involving patent right infringement or copyrights on goods supplied.

18. Clovis Community College reserves the right to audit records and performance of Contractor for a period of three (3) after the receipt of goods or services.

19. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in this order. All change orders to the original order will be made in writing by Clovis Community College.

20. The Contractor and Clovis Community College agree that each party has rights, duties, and remedies available as stated in the uniform commercial code and any other available remedy, whether in law or equity.

21. This order will be governed and construed according to the laws of New Mexico. Exclusive venue shall be in Curry County, New Mexico.

mailto:Accounts.Payable@clovis.edu

WRITTEN CONTRACT VERBIAGE

The successful bidder must execute a Contract within ten (10) days after receipt of documents.

Bidder agrees to submit to Clovis Community College, a corporate resolution, certificate of partnership, partnership agreement or joint venture agreement which identifies the person(s) authorized to execute a Contract on behalf of the bidder.

INSURANCE VERBIAGE

The successful vendor must submit proof of meeting necessary insurance requirements within ten (10) days of notification by Clovis Community College. Failure to respond within ten (10) days may be grounds for declaring vendor non-responsive.

INSURANCE REQUIREMENTS

RFP No. 2019-56-C

Insurance Coverage Required

Prior to the approval of a prospective contract by the COLLEGE, the Contractor shall furnish a completed Certificate of Insurance to the COLLEGE, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon.

THE COLLEGE SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE(S) HAVE BEEN DELIVERED

TO AND APPROVED BY THE COLLEGE.

All insurance companies must be authorized by the New Mexico Office of Superintendent of Insurance to transact business in the State of New Mexico, must be acceptable to the COLLEGE, and be placed with an insurer possessing an A-VII A. M. Best rating or better.

The COLLEGE reserves the right to review the insurance requirements of this section during the effective period of the contract, to include any extension periods, and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the COLLEGE based upon changes in statute, court decisions, or the claims history of the industry as well as the Contractor.

TYPE OF INSURANCE

COMBINED SINGLE LIMIT

GENERAL LIABILITY

X Commercial General Liability General Aggregate $ 1,000,000 X Occurrence Products-Comp/Op AGG $ 500,000 Claims Made Personal & Adv. Injury $ W/Heavy Equipment Contractual Liability $ To include Products of Completed Operations Endorsement Fire Damage (Any one Fire) $ Med Exp (Any one Person) $

PROFESSIONAL LIABILITY

X Errors & Omissions General Aggregate $ 1,000,000

AUTOMOTIVE LIABILITY

Any Auto Per Occurrence $ All Owned Autos Aggregate $ Hired Autos Scheduled Autos Non-Owned Autos

EXCESS LIABILITY

X Umbrella Form Each Occurrence $ 1,000,000 Aggregate $

X Workers Compensation $ Statutory

Limits Employers’ Liability

Cyber Liability Each Claim $ Aggregate $

Pollution Liability Per Accident $ Per Occurrence $

OTHER: COPIES OF ENDORSEMENTS REQUIRED

X Clovis Community College named as additional insured on Auto/General Liability on a primary and non-contributory basis X Waiver of Subrogation in favor of Clovis Community College on all coverages

General Requirements Applicable to All Insurance

1. Contractor shall obtain and maintain the minimum insurance coverage(s) set forth in this section during the contract period, to include any extension periods.

2. Contractor agrees that the insurance requirements specified herein do not reduce the liability

Contractor has assumed in any indemnification/hold harmless section of the contract.

3. Coverage shall be on a primary and non-contributory basis with any other insurance coverage carried by the COLLEGE.

4. Contractor is responsible for providing the COLLEGE with a minimum of thirty (30) days’ notice of a material change or voluntary cancellation of insurance coverage required under this contract, and notice within ten (10) days of any notice of termination no matter the cause.

5. The Certificate of Insurance shall list each insurer(s) NAIC Number or FEIN and list Clovis Community College, 417 Schepps Blvd., Clovis, New Mexico 88101 in the Certificate Holder Section.

Notices

1. All notices regarding insurance coverage shall be given to the COLLEGE at the following address:

Attn: Purchasing Department 417 Schepps Blvd.

Clovis, New Mexico 88101

Bank Depository Services

Specifications

1. INTRODUCTION

a. Clovis Community College of Clovis, New Mexico (“COLLEGE”) and the Clovis Community College Foundation (“FOUNDATION”) is accepting sealed proposals from qualified banking institutions to provide bank depository and ATM services.

2. INTENT

a. The intent of this proposal is to identify the financial institution that will provide the highest quality services at the best price and value.

3. CURRENT ENVIRONMENT

a. The COLLEGE and the FOUNDATION currently utilize New Mexico Bank & Trust as its depository for all services listed in this RFP.

4. QUALIFICATIONS / CONSTRAINTS / REQUIREMENTS

a. Qualifications

i. By submitting a proposal, the Offeror certifies they are duly qualified, capable and otherwise bondable business entity that is not in receivership or contemplates same, nor has filed for bankruptcy. The Offeror warrants that they are familiar with all laws, regulations and customs applicable to the type of business required herein.

b. Constraints

i. Only banks, credit unions and other financial institutions with locations/branches in the Clovis, New Mexico city limits are eligible to propose, and must be able to offer a full range of depository services as required by the RFP.

ii. Investment Services

1. The COLLEGE maintains excess cash in investment accounts with the State Treasurers Investment Pool. The COLLEGE will require the ability to transfer funds to and from its various accounts at the State Treasurer via the Operational Account.

2. Therefore, Investment Services are not included in the Scope of Services for this RFP.

c. Requirements

i. The successful offeror(s) shall:

1. Be capable of being certified or designated by the COLLEGE to receive public funds as described in 6-10-10 NMSA 1978 Subsection A.

2. Be capable of securing public funds in accordance with 6-10-16

NMSA 1978, 6-10-16.1 NMSA 1978, and 6-10-17 NMSA 1978.

3. Agree to comply with requirements of the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) and any other applicable law to avoid seizure by federal regulators, of any assets the institution pledges to secure COLLEGE deposits.

4. Have an unimpaired tier one capital of at least $10,000,000 as defined by the Federal Deposit Insurance Corporation (“FDIC”).

ii. These requirements are mandatory. Offerors incapable of meeting these requirements will not be considered for award.

5. ACTIVITIES / SCOPE OF SERVICES / DELIVERABLES

a. Intentionally omitted.

b. Conversion Plan

i. Provide a comprehensive project schedule for the implementation of services. This plan should detail the timeline for all steps and milestones necessary to complete the proposed conversion from our current institution to the offerors institution.

Figure 1. Sample Schedule

The sample schedule in Figure 1, is intended for reference for a level three project schedule. The schedule delivered a part of the proposal should cover the Work Breakdown Schedule (“WBS”) 100% rule which is 100% of the work defined by the project scope and captures all deliverables – internal, external, and interim – regarding the work to be completed, including project management.

ii. Risk management and mitigation methodologies.

iii. Plan for vendor management.

c. Scope of Services

i. Fee Schedule

1. Each offeror shall use the attached Fee Schedule for Depository Services (“the Schedule”) in submitting a proposal. It is required that the Schedule be complete in its entirety.

2. If a service requirement cannot be provided by the proposer, the term “No Proposal”, should be entered on the Schedule for that specific requirement. In the case of a “No Proposal” remark, the offeror may propose an alternative equivalent service for consideration.

3. Services for which an offeror intends to charge a fee must have the applicable fee indicated on the Schedule. Any service that does not have a fee indicated on the Schedule will be considered free of charge in the Depository Contract.

ii. Required Information

1. Each proposal must include the following:

• Sample account analysis and monthly statement.

• Availability of funds schedule.

• Sample of daily balance report.

• New customer conversions procedures and applicable information.

• Daylight overdraft definition and policy.

• Answers to the questions included in the RFP.

• Current New Mexico references, similar to the COLLEGE transaction activity.

i. Offerors are cautioned that the COLLEGE may use information obtained from other sources as well as information submitted in the proposal for evaluation of past performance and present performance.

• Depository Contract.

• Proposed wire transfer agreement.

• Proposed three part (COLLEGE, the Depository, and the Federal Reserve or the Federal Home Loan Bank) collateral agreement.

• Proposed automated clearing house agreement.

• Proposed controlled disbursement agreement.

• Proposed positive pay agreement.

• Proposed ACH blocks agreement.

• Any additional agreements that require COLLEGE approval.

• Explanation of the earnings credit rate along with a list of minimum ledger and collected balances required to earn interest. Also, list the number of maximum transaction that may occur in the accounts.

• Audited financial statements for the most recent fiscal year.

• Ratings on outstanding debt.

iii. Contract Term

1. The term of this Contract shall begin on January 1, 2020 and shall continue for a period of five (5) years. All fees shall remain fixed for the Contract term. The COLLEGE reserves the right to renew the Contract through a written amendment signed by all required signatories for one (1) additional five (5) year term. The total number of years for this Contract shall not exceed ten (10) years.

iv. Designated Depository Contact Personnel

1. Upon selection, the Depository shall designate one account officer with authority and responsibility for the COLLEGE’s entire account. The Depository shall be responsible for training and communicating the terms of this Contract to all of its employees.

2. Upon selection, the Depository shall provide a list of personnel (including the physical location where each employee works) qualified to provide product information and assistance in the following areas during the COLLEGE’s business hours. If personnel are not available during the COLLEGE’s business hours, please specify the times that personnel are available.

• General information

• Accounting and bookkeeping

• Deposit discrepancies

• Wire transfers

• Reconciliations

• ACH services

• Balance reporting

• Controlled disbursements / Accounts Payable

• Pledged collateral

• Positive Pay

• Automated clearing house

• Name of Branch Manager and contact information at each bank located in the City of Clovis, NM.

v. Agreements

1. The following is a list of agreements which shall be executed between the successful depository and the COLLEGE and which shall be effective January 1, 2020:

• Depository Contract

• Wire Transfer Agreement

• Third Party Custodial / Three Party Collateral Agreement

• Automated Clearing House Agreement

• Controlled Disbursement Agreement

• Positive Pay Agreement

• ACH Blocks Agreement

2. Additional services may be added during the contract period, and any subsequent extensions, which may require supplemental agreements to be added to the original contract. All supplemental agreements to the Depository Contract must be approved as to both form and content by the COLLEGE. All supplement agreements will be attachments to the Depository Contract.

vi. Account Structure

1. The COLLEGE reserves the right to open or close any number or type of accounts through the Contract period, and any subsequent extensions. The COLLEGE is currently using the following accounts:

Account Name Type Operational Account Demand Deposit Account

(Master Account) Accounts Payable Account

Zero Balance Disbursement Account (“ZBA”)

Payroll Account ZBA Foundation Accounts Demand Deposit Account

(Master Account) Auxiliary Account Demand Deposit Account

(Master Account) Rental Account ZBA

2. The Operational Account (Master Account) will constitute the majority of the COLLEGE banking business. At the beginning of the Contract, deposit balances will be transferred to the designated COLLEGE depository accounts. All COLLEGE activity will continue to occur daily which includes wire transfers, credit card settlements, ACH transactions, investment activities, and zero balance transfers.

3. The Accounts Payable Account (ZBA) will be set up to clear accounts payable checks and ACH payments, and various refund and reimbursement checks and direct deposits (such as employee reimbursements) for the COLLEGE / FOUNDATION. All checks drawn on the Account Payable Account must be payable upon presentment at any Depository bank branch in the state. Positive Pay and a full reconciliation are necessary for this account.

Funding must be automated with the COLLEGE / FOUNDATION’s Master Account so that the account balance is zero at the end of each day.

The COLLEGE transmits the payables positive pay and ACH files to the Depository by direct transmission from the COLLEGE’s Business Office. The checks must be available for presentment to the Depository immediately upon submittal of the file. If the Depository cannot meet this request, please specify in the proposal the earliest time which these checks can be presented for payment.

The COLLEGE will submit an ACH file to the bank by direct transmission from the COLLEGE’s Business Office for payables and reimbursements to COLLEGE employees who are on direct deposit.

The COLLEGE may begin ACH payments to accounts payable vendors during the Contract term. Upon the vendor ACH implementation, the Depository must have the ability to set up all required vendor ACH files. Vendor ACH information will be provided by the COLLEGE. The majority of disbursements will be presented to the Depository requiring positive pay.

4. The Payroll Account (ZBA) issues payroll direct deposits and checks and requires positive pay and full reconciliation. Funding must be automated with the COLLEGE’s Master Account so that the account balance is zero at the end of each day.

The COLLEGE transmits the payroll direct deposit file (ACH) to the Depository by a direct transmission from the COLLEGE’s Human Resources department. This is a required service of the Depository. This file is transmitted to the bank on Wednesday by 5:00 PM Mountain Time on payroll weeks and is expected to be in the COLLEGE employee’s accounts no later than 5:00 AM, Mountain Time, Friday morning. The file contains all direct deposit entries for the bi-weekly payroll. For employees who do not participate in direct deposit, a positive pay file is sent to the Depository and the checks are expected to be available for presentment immediately upon submittal of the files.

5. The Foundation Account (Master Account) will constitute the majority of the FOUNDATION banking business. At the beginning of the Contract, deposit balances will be transferred to the designated FOUNDATION depository accounts. All FOUNDATION activity will continue to occur daily which includes wire transfers, credit card settlements, ACH transactions, investment activities, and zero balance transfers. A full reconciliation is required for this account.

6. The Auxiliary Account (Master Account) will constitute the majority of the Cosmetology Clinic’s banking business. At the beginning of the Contract, deposit balances will be transferred to the designated depository accounts. All activity will continue to occur daily which includes wire transfers, credit card settlements, ACH transactions, investment activities, and zero balance transfers.

7. The Rental Account (ZBA) is used twice per year (February and August) to pay interest and principal for the COLLEGE’s energy lease agreement.

vii. Deposits

1. Each day, the COLLEGE deposits currency, coin and checks directly to the Depository.

2. The COLLEGE will consider remote deposit capture for checks in the future if it is cost effective. Coin, dollars and checks are deposited loose-in-bag. Each currency and coin deposits submitted by the COLLEGE must be balanced and confirmed individually, not commingled with other customers, which allows for easier research if errors arise.

3. If the Depository is processing and discovers an error in the

COLLEGE deposit, the COLLEGE requires an email noting the adjustments with appropriate documentation attached to justify the correction to the COLLEGE account. The COLLEGE also requires an emailed copy of the credit or debit advice immediately after the account is adjusted. All checks returned must be presented once for clearance before returning the item to the

COLLEGE.

viii. Internet Banking Requirements

1. The COLLEGE / FOUNDATION requires an Internet based system that allows for inquiry and downloads and includes reports that can be utilized for balancing accounts and other reconciliation purposes. This system should include, but not be limited to the following:

• Current day balance report

• Previous day balance report

• Debit and Credit detail

• Controlled disbursement report

• ACH activity report

• Positive Pay activity report

• Stop Payment status report

• Wire transfers

• Ability to view images of the checks cleared in the last 180 days

• Remote deposit capture

• Monthly bank statements

• Safety deposit services

ix. ACH Transactions

1. The COLLEGE receives/sends ACH payments for the following purposes:

• Payroll direct deposit

• Accounts Payable direct deposit for reimbursement to employees (This will be a future project)

• Accounts Payable to vendors (This will be a future project)

• Worker’s Compensation

• Retiree health insurance

• Transactions with the State of New Mexico

• Transactions with the Federal Government

• Transactions with other government and non-governmental entities

x. Wire Transfers

1. The COLLEGE requires internet based repetitive and non-repetitive wire transfer services with secondary authorization. The COLLEGE also requires the ability to verify and monitor the status of incoming and outgoing wire transfers online. All outgoing wire transfers will be released within one (1) hour of origination.

xi. Debit and Credit Adjustments

1. All debit and credit adjustments will be delivered to the Business

Office with supporting documentation as the entries are made daily throughout the month. The monthly bank statement must include a copy of all debit and credit adjustments. Adjustment documentation must include a description, date and amount. The COLLEGE will not be responsible for the cost of credit and debit adjustments caused by bank error.

xii. Direct Fees for Services Provided

1. The COLLEGE desires an equitable reimbursement arrangement for banking services provided. A flat monthly fee or a direct fee basis for services provided by the bank with an offsetting earnings credit for available balances are the methods preferred. The direct fee basis for services provided by the bank requires the monthly calculation for a net banking service cost. The bank will calculate the total monthly service costs for all accounts and the total monthly earnings credits for all accounts on the account analysis statement. The net of total service costs and total earnings credit equals net banking service costs for the month. Credit must be given for all account balances grouped together and not single account balances. If the cost of fees are contingent upon the COLLEGE maintaining a specific account balance at the bank, clearly indicate in your proposal the minimum balance required for the fee proposal, and indicate the alternate fee structure if the minimum balance is not maintained.

xiii. Account Analysis

1. The COLLEGE will require an account analysis each month, which will include the following:

• Volume counts

• Itemization of fees charged by service and total service charge

• Average ledger balances

• Average uncollected funds

• Average collected balances

• Reserve requirements

• Earnings credit rate

2. Offerors must explain the method of calculation used to determine the earnings credit rate applied to balances on the monthly account analysis. Identify which balance, ledger or collected, to which the earnings credit shall be applied, and if a percentage reserve requirement is subtracted from this balance. Identify if the earnings credit requires the maintenance of any minimum or maximum balances. Offerors must also include the methodology used to determine the average daily ledger balance, average uncollected funds, and average collected balances.

xiv. Returned Items

1. All deposits that do not clear the first time must be submitted a second time before returning the item to the COLLEGE. A returned check that does not clear on the second attempt shall be returned to the COLLEGE after the second attempt via email.

xv. Daylight Overdraft / Funds Availability

1. The Depository will not charge a fee for daylight overdrafts. When a daylight overdraft is anticipated, a member of the COLLEGE will notify the designated Depository official about the situation.

Provide a schedule for funds availability.

xvi. Positive Pay

1. The COLLEGE requires positive pay with payee review. The

COLLEGE transmits positive pay files for the controlled disbursement accounts. The bank will cross reference this list with all checks presented for clearing on the COLLEGE’s controlled disbursement accounts. The COLLEGE will be notified electronically or via phone of any exceptions and COLLEGE staff will notify the bank of approval or denial of the exception. By default, positive pay exceptions must be set for denial unless authorized by a COLLEGE staff member. Additionally, images of any exception items must be available for COLLEGE staff review for decision purposes.

xvii. Collateral Requirement for Repurchase

1. In order to protect the COLLEGE’s security interest in the pledged collateral under FIRREA, it is required that a collateral agreement between the COLLEGE, Depository and approved custodian be signed by all parties prior to the deposit of COLLEGE funds.

2. The pledged collateral must be maintained at all times during the term of the Depository Contract. The COLLEGE requires that the pledged collateral be at least 102%. Other requests for additional collateral will be made on an as needed basis. If a minimum balance is required to maintain a specific account fee structure, collateral must be set at a reasonable level higher than the minimum required balance.

xviii. Stop Payments and Voids

1. The COLLEGE will require the Depository to issue stop payments upon telephone or email notification from authorized staff. The method of stop payment notification is at the COLLEGE discretion. The COLLEGE will provide all stop payment information, and the Depository will provide the COLLEGE hard copy confirmation for each stop payment.

2. The COLLEGE will required the Depository to issue voids on checks from authorized staff. The COLLEGE will provide all information to void a check. The Depository must confirm the status of the check before the void is processed

xix. Safety Deposit Boxes

1. The COLLEGE currently has five (5) safety deposit boxes.

• Three (3) 10x10

• Two (2) 10x5

2. The…