HomeMy WebLinkAbout2021-112Agreement
THIS AGREEMENT made and entered into this 17th day of August , 2021, by and
between iTHINK Financial Credit Union , hereinafter called the ATM
Owner and Indian River County, 1800 27th St. Vero Beach, FL. hereinafter called the County.
WITNESSED: That whereas, the COUNTY and the ATM Owner agree as set forth below:
1. GENERAL
As per specifications of River County Request for Proposal # 2021052, ATM Owner is granted the
exclusive right to securely install, maintain, repair, and insure an automated teller machine ("ATM")
at each of the locations indicated at no cost or obligation to the County. There will be no County
participation in the operation or maintenance of the ATM.
One (1) ATM is to be located on the first floor at each of the following locations:
Indian River County Indian River County
Administration Building "A" Administration Building "B"
180127th Street, Vero Beach, FL 32960 180027 th Street, Vero Beach, FL 32960
Additional locations may be added upon written amendment to this agreement.
2. FILLING THE MACHINE
It shall be the responsibility of the ATM Owner to maintain sufficient funds in the machine and
replenish the ATM with cash.
3. ELECTRICAL REQUIREMENTS
The County shall be responsible for the electrical line installation (standard 110 volt outlet), and the
ongoing monthly cost for electrical service. ATM Owner, at its discretion and expense, shall connect
the ATM through a wireless device.
4. INSTALLATION & MAINTENANCE
ATM Owner shall install or contract installation of the ATM. For insurance requirements and security
purposes, the ATM must be bolted to the floor. ATM Owner shall provide all labor involved with
service and maintenance of the ATM, including supplies. ATM Owner shall provide 24-hour customer
help and technical support. A Toll Free number shall be prominently displayed on the front of the
ATM for customers to call for assistance.
S. SIGNAGE
ATM Owner shall be allowed to erect ATM signage, subject to review and approval by the County, as
necessary to attract ATM business. Signage shall not be placed in view from the exterior of the
building.
6. TERM OF AGREEMENT
This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to
automatically renew this Agreement with the consent of ATM Owner, under the same terms and
conditions, for two additional twelve (12) month terms. Additional terms and/or services may be
added to this Agreement upon satisfactory negotiation of terms between the County and ATM
Owner. Upon removal of the ATM, ATM Owner is not responsible for restoring the County's property
to its pre -installation condition (i.e. replacing flooring), unless caused by negligence or intentional
damage.
7. MAXIMUM WITHDRAWAL LIMIT & SURCHARGE
The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with
the Proposal Pricing Form, attached as Exhibit 1. No other fees will be charged.
8. TERMINATION
The parties agree that this agreement may be cancelled by either party with 30 days written notice.
Upon removal of the ATM, the ATM Owner is not responsible for restoring the County's property to
its pre -installation condition (i.e. replacing flooring), unless caused by negligence or intentional
damage.
County may terminate this Contract if ATM Owner, including all wholly owned subsidiaries, majority-
owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to
have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of
Israel as set forth in section 215.4725, Florida Statutes.
9. LIABILITY INSURANCE AND INDEMNIFICATION
ATM Owner shall insure the ATM and the cash used to load it. ATM Owner shall name the County as
an additional insured party under its commercial general liability insurance policy and supply the
County with proof of insurance. ATM Owner shall indemnify and hold harmless the County, and its
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the ATM Owner and persons employed or utilized by the ATM Owner in the
performance of the Work.
10. ASSIGNMENT OF AGREEMENT
If ATM Owner is unable to provide the services outlined in this agreement, ATM Owner has the right
to assign this agreement to a third -party ATM provider approved by the County prior to the
assignment date. Any assignment would be for the same terms and conditions as the original
agreement.
11. VENUE
This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this agreement shall be in Indian
River County, Florida, or in the event of federal jurisdiction, in the United States District Court for
the Southern District of Florida.
12. PUBLIC RECORDS COMPLIANCE
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The ATM Owner
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon. request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon completion
of the contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the County, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
13. E -VERIFY
ATM Owner is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of
this agreement, as required by Section 448.095, F.S. ATM Owner is also responsible for obtaining proof of
E -Verify registration and utilization for all subcontractors utilized under this agreement.
This Agreement will be effective on August 17, 2021 (the date the Agreement is approved by the Indian River
County Board of County Commissioners, which is the Effective Date of the Agreement).
County:
ngold, County Attorney
ATM Owner:
VMISS
(ATM Owner) (C.Fo)
oQ=. ej �.1• Ko Il,�ya,
(CORPORATE SEAL)
Address for giving noti
Jeffrey R. Smith, Clerk of Court and Comptroller '
I
Attest: U
Deputy Clerk
(SEAL)
Designated Representative:
Name: Jennifer Hyde
Title: Purchasing Manager
Address: 1800 27th Street, Vero Beach, FL 32966
Phone: 772-226-1575
Email: jhyde@ircgov.com
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title: (� i•r.,y}s .,,.,Q L.�..s: ,B��:n•
Address:
1000 ouQ 1-7+� /YJlnJ�
5e,C yy
Phone: 413 715
Email: rtpl6 (P : A:nk c: a j 5
(If ATM Owner is a corporation or a partnership,
attach evidence of authority to sign.)
DocuSign Envelope ID: AC801B64-C4A0-48CB-8F5A-BFD7FE3846CF
202 1{.: E` RFP for A T N1 Se viC es
FIRM INFORMATION
Communications concerning this proposal shall be addressed to:
Address
1000 NW 17th Ave
Delray Beach, FL 33445
1. How many years has your organization been providing these services? 50+
2. List State of Florida Registration Numbers), if applicable:
3. List government agencies and private firm(s) with whom you have completed similar work:
Aaonry/Firm Namp- Indian River County
—
Address: 1800 27th Street
Contact Name: Jennifer Hyde 'Title: CPPD
E -Mail: jhyde@ircgov.com Phone: 772-226-1575
Services Provided: ATM services
Dates of Service: 7/12/16 - 8/15121
Agency/Firm Name: Colonnades
Address: 1102 Colonnades Drive Fort Pierce, FL 34948
Contact Name: B&L Development LLC Title: _
E -Mail: Phone:
Services Provided: ATM Services
Dates of Service: 5/9/17 - present
Agency/Firm Name: TRex
Address: 4920 Conference Way N Ste 3 Boca Raton, FL 33431
Contact Name: David Haag - Haag Management Inc Title: Principal of Management
E -Mail: Phone: 561-241-0285
Services Provided: ATM Services
Dates of Service: 2/1/12 - 6130/21
Page 11 of 20
DocuSign Envelope ID: AC80lB64-C4AO-48CB-8F5A-BFD7FE3846CF
2011052 l�rp for Aj,kj -,Orvices
Agency/FirmName:
Address:
Contact Name: Title: _
E -Mail: Phone:
Services Provided:
Dates of Service:
4. Date Registered with e-Verify.gov: 12/08/2006 Certificate # 37097
S. List all ligation cases for similar services during the past three (3) years in which the Contractor has
been a named nnrty I Ica =r4rnt;,,. i
,...,'11
11N1 ]
SMS: .F i'�3aM
fi _r . �ti_...._.
•}n,(._.�+»w.«.., ..7.
✓�.r���iYya"a.�Y. �^^ ax
I
r
f
Page 12 of 20
1�
DocuSign Envelope ID: AC801664-C4A0-48CB-8F5A-BFD7FE3846CF
2021052 RFP for ATM Services
Proposal Pricing Form
The undersigned, as PROPOSER, declares that he/she has reviewed the RFP specifications for the scope' of the
project, visited.the premises to review existing conditions and has reviewed the contractual documents thereto,
and has read all special provision's furnished prior to the opening of responses; that he/she has satisfied
himself/herself relative to the work to be "performed.
The following addenda have been received and are hereby acknowledged:
Addenduni. Number Date
The PROPOSER proposes the following fees:
The undersigned hereby certifies that they have. read and understand the contents of this solicitation and agree
to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions,
conditions, specifications and attachments hereto. Failure"to have read all the provisions df -this solicitation shall
not be cause to alter any resulting contract or request additional compensation.
iTNINKFinancial Credit Union
Name of Firm � .
A tDx' Signed by:
Au Aure
chief Retail officer
Title
8/3/2021
Date Signed
-Page 13 of 20
�rr�rr
KELLY L STOVER
Notary Public State of Georgia
Cherokee County
My Commission Expires Oct 7, 2023
Cash Withdrawal (in network)
.$3.00
Cash Withdrawal (foreign or out of network)
$ 3.00
Balance Inquiry (in network)
$ 3.00
Bala nce:"Enquiry (foreign.orout, of network)
$3:00
The undersigned hereby certifies that they have. read and understand the contents of this solicitation and agree
to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions,
conditions, specifications and attachments hereto. Failure"to have read all the provisions df -this solicitation shall
not be cause to alter any resulting contract or request additional compensation.
iTNINKFinancial Credit Union
Name of Firm � .
A tDx' Signed by:
Au Aure
chief Retail officer
Title
8/3/2021
Date Signed
-Page 13 of 20
�rr�rr
KELLY L STOVER
Notary Public State of Georgia
Cherokee County
My Commission Expires Oct 7, 2023