ࡱ>  \bjbj Hxx=R R 4h15Lg(u!gggggggiclng!!!g4g{%{%{%!g{%!g{%{%j`cge#~b2ngg0gb.l$^ldclc!!{%!!!!!gg %p!!!g!!!!l!!!!!!!!!R [:  UNIVERSITY OF OREGON (University) REQUEST FOR PROPOSAL (RFP) TITLE: FOOTBALL FAN SHUTTLE SERVICE RFP No. AD2013-1 Proposals Due Not Later Than: July 31, 2012; 5:00 pm PDT at Issuing Office. Postmarks will not be considered. Issuing Office: ATHLETIC DEPARTMENT BUSINESS OFFICE Attn: Sharon Bonin, Purchasing 2727 Leo Harris Pkwy Eugene, OR 97401 Section I General Information Purpose: University is soliciting proposals from qualified proposers (Proposer(s)) for FOOTBALL FAN SHUTTLE SERVICE for Autzen Stadium for the 2012 season. Expected deliverables are listed in Scope of Services, below. It is anticipated that the term of the contract awarded under this RFP, will be for One year with an option, at Universitys sole discretion to extend the contract for TWO additional One year terms. For additional information or clarification of requirements contact: Mike Duncan 2727 Leo Harris Pkwy. Eugene, OR 97401 Duncan2@uoregon.edu 541-346-5326 Unless otherwise specified, requests for clarification or change of the RFP document must be received by University in writing at least ten business days prior to the Closing Date and Time. Requests for clarification or change must include the reasons for the clarification or change, and any proposed changes to specifications or provisions. University will consider all requests for clarification or change and, if appropriate, amend this RFP by issuing an addendum. University may extend the Closing Date and Time if such information significantly amends this solicitation or if University determines that compliance with the original proposed Closing Date and Time is impractical. This RFP will be posted on the Oregon University System (OUS) website, under Business Opportunities, accessible at https://secure.ous.edu/bid/. Any addenda will be posted to the OUS website. Proposers are responsible for monitoring the OUS website on a periodic basis for any modifications to the RFP. University will not issue individual notifications. All proposals must be received by University's Issuing Office by 5:00 p.m. on or before July 31, 2012 (Closing Date and Time). Postmarks will not be considered. Issuing Office mailing and delivery address, phone and e-mail: ATHLETIC DEPARTMENT BUSINESS OFFICE Attn: Sharon Bonin, Purchasing 2727 Leo Harris Pkwy Eugene, OR 97401 sbonin@uoregon.edu ELECTRONIC submissions are encouraged. Office hours for receipt of proposals are: Monday through Friday 8:00 a.m. to 5:00 p.m. Section II Scope of Services The following services will be provided by the successful Proposer: 2.1 See Attachment A for technical specifications. Section III Information to be provided by Proposer in the Proposal Requirements may be designated as Mandatory (M) or Evaluated (E), or both (M/E). (M) - Mandatory Requirement. The Proposer MUST meet this requirement. The determination as to whether the Proposer meets the mandatory specification rests solely with University. If University determines that a Proposer does not meet a mandatory requirement as specified, or has not included mandatory information, the proposal may be deemed non-responsive, and no further evaluation will occur. In addition, wherever the words must, shall, or will appear this denotes a Mandatory requirement. (E) - Evaluated. Proposers are expected to provide comprehensive written responses to evaluated specifications. Points will be awarded based on the degree to which the states evaluators determine that the Proposer meets the requirement. A Proposer which does not respond to an evaluated specification will receive no points for that specification. Proposers must include the following information: Proposals will include the business name, address and telephone number and email of the Proposer, and a cover letter summarizing the proposal. (M) Proposer will list names, titles, and qualifications of the key personnel who will be assigned to this project. Include concise business biographies or resumes of the key personnel who will be doing the work described in the proposal. This information must include their areas of expertise, and their experience with projects of similar scope and nature. Please include projected increases in staff during the contract period. (M/E) Proposer must include a detailed description of procedures and other aspects of the working relationship expected between Proposer's project manager and University's representative, Mike Duncan as well as any other information deemed necessary for the fulfillment of the awarded contract. (M/E) If the Proposer is an entity other than a sole proprietorship, Proposer must submit evidence in the form of a Secretary Certificate (or equivalent documentation) that the individual submitting the proposal is authorized to act for and bind the Proposer in all matters relating to the proposal and possible subsequent contract. If the Proposer is not an entity organized under the laws of the State of Oregon, Proposer must submit a certificate of good standing (or equivalent documentation) that Proposer is in good standing in its state of organization and registered to do business in the state of Oregon. (M) Proposer must submit sufficient evidence of financial capability to meet the responsibilities to perform the contract including balance sheets, income statements and/or financial statements. The successful Proposer to which the contract is awarded may, at the discretion of University, be required to provide periodic (in no case more than two (2) times per year) updates to the financial capabilities report submitted pursuant to this RFP. (M) Proposals must set forth the qualifications of the Proposer to perform the contract, including providing a firm resume, as well as a description of the resources available to Proposer to perform the project. Proposers will verify that the Proposer has any and all licenses (including, but not limited to, software licenses) necessary for the work contemplated under this RFP, as applicable. (M/E) Proposals must include a description of the Proposers experience performing projects similar in type and magnitude to the subject of this RFP. Proposers must include a minimum of five examples. Proposers must also include work samples of similar projects (e.g. photographs, literature, schematics, report samples, etc.). (M/E) Proposals must include a list of five clients and contact information for whom similar projects have been completed by the Proposer. These clients may be contacted by University for an evaluation and assessment of the Proposer's performance. (M/E) Proposals must include a full description of all deliverables identified in Section 2 above. (M/E) A proposed timeline with breakdown of time allocated for implementation and delivery of all deliverables identified in Section 2 above. (M/E) An itemized budget of cost estimates for Work to be performed to complete the Project. The itemized budget must set forth a total price. (M/E) Section IV Proposal Procedures Proposals must be in writing and must be signed by an authorized representative of the Proposer. Alterations or erasures must be initialed in ink by the person signing the Proposal Statement. No verbal proposals will be accepted. Proposals may be submitted manually or electronically. Proposers are encouraged to submit their Proposals electronically to the e-mail address provided in Section I, above. The subject line must clearly state that it is a PROPOSAL, noting the RFP Project Name, RFP Number, and Closing Date and Time. Electronic proposals must be in MS Word or Excel. Supporting documentation such as graphics, pictures, and financial statements may be in .pdf or other appropriate format. All Proposals submitted electronically must be submitted by individuals with authority to legally bind the Proposer. Proposers submitting manually must submit four copies of their proposal, as well as an electronic version on CD or USB device. All manual submissions must be submitted in a sealed envelope appropriately marked. All envelopes in which the RFP, Proposal Statement and your proposal are submitted MUST be clearly marked PROPOSAL, noting the RFP Project Name, RFP Number, and Closing Date and Time. University will not be responsible for the proper identification and handling of Proposals not submitted in the designated manner or format as required by this RFP. It is the Proposers responsibility to ensure that the proposal is received by University at the required delivery point, prior to the Closing Date and Time as indicated in this RFP regardless of method used to submit the proposal. All manual submissions will be made to the address indicated in Section I of this RFP. Unless Proposers are specifically authorized by this RFP to take exceptions or to leave terms open to negotiation, proposals will be a complete offer and fully responsive to this RFP, and must include all information required herein to be evaluated and considered for award. Failure to do so may be deemed sufficient cause for rejection of the proposal as non responsive. Although the general criteria to be used for final evaluation has been provided in this RFP; it is not intended to limit imagination or creativity in preparing a proposal that will accomplish the same goals and expectations. Submission of a proposal constitutes a firm, binding and irrevocable offer for a period of 90 days following the Closing Date and Time. Proposals may be withdrawn at any time prior to the scheduled Closing Date and Time. Withdrawal can only be accomplished by written notification, signed by an authorized representative. Notification of withdrawal may be submitted manually or electronically. The written notification must be received by University prior to the Closing Date and Time. A log of all withdrawn proposals with their dates and times of physical receipt will be kept by University. The envelope or e-mail subject line must be clearly identified with the words PROPOSAL WITHDRAWAL, and must display the RFP Project Name, the RFP number, and proposal Closing Date and Time. Proposers may modify a previously submitted proposal prior to the Closing Date and Time. Modifications must be made in writing and signed by an authorized representative. Modifications may be submitted manually or electronically. The envelope or e-mail subject line must be clearly marked MODIFICATION, and must display the RFP Project Name, the RFP number, and the proposal Closing Date and Time. Verbal modifications or corrections will not be recognized or considered. Proposers are strongly encouraged to utilize the same method of submission, either manual or electronic, throughout the solicitation process (e.g. if your proposal was submitted electronically, proposers are encouraged to submit modifications and requests to withdraw via e-mail; if your proposal was submitted manually, requests for modification or withdrawal should be submitted manually). Requests for change or protests of solicitation specifications or contract provisions must be received by University, in writing, no later than ten business days prior to the proposal Closing Date and Time. No requests for change or protests of solicitation specifications or contract provisions will be considered after the deadline stated above. Such requests for change or protests will include the reasons for the request for change or protest, and proposed changes to specifications or provisions. Envelopes or e-mails containing requests for change or protest must be marked SOLICITATION SPECIFICATION REQUEST FOR CHANGE or CONTRACT PROVISION PROTEST, and must identify the RFP Project Name, RFP number and proposal Closing Date and Time. University reserves the right to amend this RFP, extend the Closing Date and Time, or deny the request or protest. If University deems it necessary to amend this RFP, an Addendum will be prepared and posted to the OUS Business Opportunities webpage: https://secure.ous.edu/bid/. Proposers are responsible for monitoring OUS for any amendments to the proposal. Proposers will not receive an individual notification. Proposers will be required to sign and attach a copy of the Addendum to their proposal. If the Proposer has already submitted a proposal, the Proposer must follow the instructions set forth in Sections 4.8 or 4.9, above. University reserves the right to inquire in writing, and meet with individuals or representatives of a Proposer, for the purpose of clarification of points made in its proposal. University reserves the right, at its option, to reject any or all proposals. Notification of proposal rejection will be made in writing, sent by certified mail. University reserves the right to waive minor informalities and irregularities in proposals. University is not responsible for any costs of any Proposer incurred in connection with submitting or presenting its proposal. All Proposers who respond to solicitations do so solely at their own expense. Proposers agree that University will have the right to review and require modification of any terms or definitions used in the final contract. Failure to agree upon acceptable contract definitions or terms may result in cancellation of the proposed award. This RFP and one copy of each original proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be retained by Universitys issuing department for the required retention period, and made a part of a file or record which will be open to public inspection. If a proposal contains any information that is considered a "trade secret" under ORS 192.501(2), the Proposer must mark each sheet of such information with the following legend: "This data constitutes a trade secret under ORS 192.501(2), and will not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." Failure to mark a specific page with the legend set forth in this Section will conclusively establish that the information on that page does not constitute a trade secret as defined in ORS 192.501(2). The Oregon Public Records law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies "unless the public interest requires disclosure in the particular instance". See ORS 192.501(2). As such, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law. Proposals in which the entire document is marked or otherwise identified in its entirety as confidential or a trade secret may be rejected. University plans to award this project to the firm or individual who best meets the selection criteria detailed in this RFP. It is anticipated that notification of University's decision will be mailed approximately August 10, 2012. Proposal responses must clearly identify the question or request to which the Proposer is addressing and restate the Section number with each response. All responses must be organized in the order in which the question or request was presented in the RFP. Proposals that do not follow the format described in this RFP may at Universitys sole discretion be deemed non-responsive, and receive no further consideration. Section V Evaluation and Award 5.1 Proposals will be evaluated by a committee consisting of representatives of the requesting University department, and other interested individuals, as University deems appropriate (Committee). 5.2 Proposals will initially be evaluated for completeness and compliance with the mandatory requirements of this RFP. 5.3 Those proposals which are incomplete, which do not meet all Mandatory (M) requirements of this RFP, or are otherwise deemed by University to be "non-responsive," will be rejected. 5.4 The second phase of the evaluation process will involve an evaluation and allocation of points to all responsive proposals. The Committee will evaluate each responsive proposal received, as follows: Selection Criteria. 1. See Attached 5.5 The apparent successful Proposer will be notified in writing of its status, and a contract will be provided to the apparent successful Proposer, in substantially similar form to the one included with this RFP. All other Proposers will be notified in writing that the apparent winning proposal has been selected. It is anticipated that the Award Notice will be released on or about August 10, 2012. 5.6 Protest of the selection or award may be made pursuant to the conditions and limitations of OAR 580-061-0145. Section VI Contract Award The contract award will be pursuant to a separate agreement, incorporating relevant provisions of both the RFP and the successful Proposers response either by actual written incorporation or incorporation by reference and any additional contractual language that may be required by University policy or by law. If you have questions or concerns regarding any of the terms and conditions contained in this RFP, you must address those during the time prescribed for questions. No additional or supplemental terms and conditions submitted by a Proposer as part of its response will be evaluated or considered. If additional or supplemental terms and conditions, either intentionally or inadvertently appear separately in a Proposal (e.g. in transmittal letters, specifications, literature, price lists or warranties), it is understood and agreed that the terms and conditions contained in this RFP are the only terms and conditions applicable to this RFP and any ensuing Agreement, and the Proposer's authorized signature affixed to its Proposal attests to this. If you condition your Proposal on any additional terms and conditions, which have not been accepted by a written addendum to the RFP, your Proposal may be deemed nonresponsive. Section VII Proposal Statement I have read all of the terms and conditions of this Request for Proposal (RFP). I understand that by signing below and submitting my Proposal, if awarded the contract, I will be bound by the terms and conditions of this RFP and my Proposal. Certificate of Compliance Oregon State Laws I, the undersigned, being first duly sworn, Please Initial _____ hereby affirm, under penalty of perjury, as provided in ORS 305.385(6), that to the best of Proposers knowledge, Proposer is not in violation of any of the tax laws described in ORS 305.380(4). _____ certify under penalty of perjury that Proposer is aware that the State Board of Higher Education has instituted policies that prohibit sexual harassment that Proposer will adhere to Universitys policy prohibiting sexual harassment in their interactions with members of Universitys community. _____ certify under penalty of perjury that Proposer does not discriminate on the basis of age, disability, national origin, race, marital status, religion, sex, or sexual orientation. _____ certify under penalty of perjury that Proposer has not discriminated against Minority, Women or Emerging Small Business Enterprises in obtaining required subcontracts. Business Designation (check one): ( Corporation ( Partnership ( Sole Proprietorship ( Governmental/Non-profit ( Limited Liability Company Above information must be provided prior to the Closing Date and Time for the proposal to be considered responsive. RFP Project Name: _________________________________ RFP Number: _________________________________ The individual(s) signing this Proposal Statement warrants under penalty of perjury that they have authority to bind the Proposer by their signature. Signature: ______________________________________________ Dated: ______________________________________________ Name: ______________________________________________ Title: ______________________________________________ Firm: ______________________________________________ Address: ______________________________________________ ______________________________________________ ______________________________________________ E-mail: ______________________________________________ Phone: (____)______________ ATTACHMENT A FOOTBALL FAN SHUTTLE SERVICE DESCRIPTION 1. Objectives. The objectives of the fan shuttle service are: to provide convenient, safe, clean, comfortable, effective, and efficient transportation services for persons attending University of Oregon football games at Autzen Stadium; to encourage use of the shuttle service as an alternative to automobile use; and to reduce traffic congestion associated with University of Oregon home football games. 2. 2012 Service Dates . Saturday, September 1 Saturday, September 8 Saturday, September 15 Saturday, September 22 Saturday, October 6 Saturday, October 27 Saturday, November 17 Service to Autzen Stadium shall begin six hours before kick-off from downtown Eugene . Service to Autzen Stadium shall begin at least four hours before kick-off from all remaining locations. Kick-off times have not been set and when set are subject to change by University in its sole discretion. Post-game service shall operate until riders are transported from Autzen Stadium to the locations, with final departures from Autzen Stadium no earlier than 60 minutes after the game ends. Additional post-game service shall be provided to transport workers from Autzen Stadium for an additional 45 minutes (105 minutes after the game ends). Half-time shuttles shall run to all locations until the start of the third quarter. Please submit your ideas on how you propose increasing ridership of the shuttles. 3. Service Levels. The University estimates that approximately 9,00012,000 riders per football game will require pre-game and post-game transportation to and from the locations identified in section 4 below and Autzen Stadium . Multiple trips by multiple buses will be required to and from each location identified in section 4. Fares will be determined by the University. The successful Firm must provide for a fare payment system that allows round-trip fares to be collected upon pre-game boarding and allows riders to board post-game at no charge. All customers boarding before the game, with the exception of those holding UO shuttle passes, must be required to pay the round-trip fare All buses must: meet all legal requirements; be safe, well-maintained, clean and comfortable. All driving staff must be properly certified and licensed under the laws, rules and regulations of any authority having jurisdiction. All driving staff must have been drug tested in compliance with any applicable laws, rules and regulations of any authority having jurisdiction. All driving staff must conform to applicable requirements for motor carrier drivers. All driving staff must be prepared with routing information. All of the services to be performed by the firm shall be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services under the same or similar circumstances. The successful Firm must comply with applicable federal, state, and local law. The equipment and services provided by the successful Firm must comply with applicable federal, state, and local law. Please outline your specific experience managing programs similar to this, along with your drivers guest service training program. Include all applicable guides and manuals. 4. Locations. Transportation shall be provided to and from Autzen Stadium and the locations determined by the University. Last years locations were: - LTD Eugene Station or Downtown Eugene Location - Lane County Fairgrounds - South Eugene High School - Valley River Center - LTD River Road Station - Thurston High School - Symantec - LTD Springfield Station Additional locations may be proposed by the bidder. 5. Bus Equipment Needs. The University estimates that approximately 80 buses will be needed, but this estimate may not be relied upon by a firm. Each firm submitting a response is responsible for making its own determination regarding the number of buses and other equipment necessary to perform its obligations under the contract. The successful Firm will be required to be able and ready to transport persons with disabilities to and from Autzen Stadium and each location listed in section 4. Please provide detailed information on your fleet of buses that will provide the service. 6. Training and Supervision. The successful Firm must provide training and professional-looking uniform aprons for its staff working at the locations identified in section 4. For each home football game, the successful Firm must: prepare and post all pre-game signage at Autzen Stadium and the locations identified in section 4; Autzen Stadium; set up post-game queuing area (signs and delineators); remove signage after the conclusion of both pre-game and post-game shuttle service.; provide substantial on-site staffing at each location identified in section 4 when pre-game shuttle service begins and provide substantial on-site staffing at Autzen Stadium beginning 15 minutes before the first pre-game shuttle arrives, during the game, and for at least 60 minutes after the game. The successful firm may contract for security services. Please outline your training program for managers and drivers, as well as applicable experience. 7. Planning. The successful Firm will be required to work closely with the Eugene Police Department to develop a traffic and pedestrian plan with respect to performing its obligations under the contract. This includes developing multiple routes from each location depending on traffic conditions. The successful firm may be required to coordinate with other stakeholders regarding the shuttle service. 8. Tracking. The successful firm must record the number of riders boarding at each location and the approximate time of each boarding. This information must be provided to the University within 72 hours of the end of each game. 9. The University will provide or arrange for the following: Traffic control at the post-game departure areas at Autzen Stadium. Pre-game set-up, half-time conversion, and post-game set-up of traffic bollards at Autzen Stadium turnaround and in parking lot at Autzen Stadium. Westbound express lane, from the departure area at Autzen Stadium for buses departing post-game. The opportunity for the successful Firm to include shuttle information in football ticket mailings. Two hundred forty-five (245) delineator cones for use in post-game boarding area at Autzen Stadium. Promotion of shuttle service via the public address system in Autzen Stadium, one (1) time each half. Promotion of the shuttle service on the Martin Luther King, Jr. Boulevard reader board throughout August and September. Additional lighting at the Autzen Stadium post-game boarding area during night games. An on-site contact for consultation with the successful Firm when necessary. Sale of season football shuttle passes at the UO Athletics ticket office. Access to observe operations from the press box area. Coordination of pre-game fare collection. Contract for pre-game staffing at eight (8) Park & Ride locations. Two (2) staff at each location for four (4) hours and fifteen (15) minutes prior to kick-off through the final departure at kick-off. Contract for staffing to provide handicapped accessible shuttle rides from the stadium to the boarding site. Such staffing shall be provided from half-time through the conclusion of post-game service. Portable restroom facilities positioned near the boarding area at Autzen Stadium. Portable restroom facilities at Park & Ride locations as needed. 10. Payment by University. The University will pay the successful firm in two equal installments, the first on or before October 20, 2012, and the second on or before December 10, 2012. Other Terms and Conditions Firm shall promptly comply, and shall cause its officers, agents, servants, employees, contractors, subcontractors, licensees and any other person whom Firm controls or has the right to control to promptly comply, with all present and future laws, ordinances, orders, directives, rules, and regulations of the United States of America, the State of Oregon, the University, and their respective agencies, departments, authorities or commissions which may either directly or indirectly affect Firm or its use of the Premises, business conducted therein, and operations in connection with this Agreement. Such compliance shall also refer to the (i) the cleanliness and safety of the Premises and (ii) all University, orders, directives, rules, and regulations. Firm shall obtain and maintain in full force and effect for the duration of the Agreement, and any extension hereof, at Firms sole expense, insurance coverage written, on an occurrence basis, by companies authorized and admitted to do business in the State of Oregon and rated A-or better by A.M. Best Company and/or otherwise acceptable to University, in the following types and amounts: TYPEAMOUNT1.Workers Compensation and Employers LiabilityStatutory $1,000,000/$1,000,000/$1,000,0002.Commercial General (Public) Liability Insurance to include coverage for the following:For Bodily Injury and Property Damage of $2,000,000 per occurrence $5,000,000 general aggregate or its equivalent in umbrella or excess liability coverage, for Firms activities under this Agreement.a.Premises/Operationsb.Independent Contractorsc.Broad Form Contractual Liabilityd.Products/completed operationse.*Broad form property damage, to include fire legal liabilityf.Personal and advertising injuryg.*Explosion, collapse, undergroundh.Indemnity obligations of Firm under this Agreementi.Commercial Business Automobile Liability covering all owned, non-owned, or hired vehicles (may be written in combination with Commercial General Liability Insurance with separate limits)*If ApplicableThe above-required policies shall name University as an additional insured on each liability policy, if and to the extent permitted by the underwriters and applicable law. University shall be entitled, upon request and without expense, to receive a certificate of insurance and copies of the policies and all endorsements thereto as they apply to the limits required by University, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any such policies). Upon such request by University, Firm shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. A certificate of insurance may not be limited to a specific event or date. Firm shall notify University in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10) days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. If Firm fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, University may obtain such insurance, and either require Firm to reimburse University the reasonable cost thereof within 30 days after demand or deduct and retain the amount of the premiums for such insurance from any sums due to Firm under this Agreement. The Firm covenants and agrees to indemnify, and hold harmless University, its agents, officers and employees, contractors, and subcontractors, and their respective successors and assigns, individually or collectively, from and against all liability for any and all of the following, to the extent arising out of, or resulting from, or related to any performance or non-performance of any activity or operation of Firm in, on or about the Premises and the Stadium or in connection with Firms use of the Premises and Stadium, or from any condition of said Premises caused by Firm, including any acts or omissions of Firm, any employee, contractor, subcontractor, invitee, licensee, patron, guest or customer of Firm, and Firms officers, agents, and representatives, and in addition thereto, without limiting the parties covered hereunder, any other person whom Firm controls or has the right to control, while in the exercise of the performance of the rights or duties of Firm under this Agreement, or by reason of any breach, violation or non-performance of any covenant or condition hereof on the part of the Firm under this Agreement (Firm Responsible Claims): fines, claims, and liens, including, but not limited to, mechanics and materialmens and laborers liens created during alterations, additions, renovations, remodeling, reconstruction, or other improvements; and damages, expenses, fees, penalties, proceedings, suits, demands, claims, actions or causes of action, or liability of any kind and nature, including but not limited to bodily injury or death and property damage. Firm shall promptly advise University, in writing, upon obtaining knowledge of any Firm Responsible Claims. Subject to ORS Chapter 180, Firm shall be responsible for the investigation of and defense of any Firm Responsible Claims, including, but not limited to, the payment of attorneys fees and court costs. Firms obligation under this Section shall survive termination of this Agreement. Except for the obligation of the University to pay the Firm pursuant to the terms of this Agreement, the University shall have no liability to the Firm or to anyone claiming through or under the Firm by reason of the execution or performance of this Agreement. The following events shall be deemed to be events of default by Firm under this Agreement: Firm shall fail to comply with any term, provision, or covenant of this Agreement, and shall not cure such failure within ninety (90) days after written notice is given thereof to Firm or commence to cure the same within such ninety (90) day period and diligently prosecute such cure to completion. Firm shall make a general assignment for the benefit of creditors or a receiver or trustee shall be appointed for Firm or its property. Firm shall file a petition under any section or chapter of the National Bankruptcy Code, as amended, or under any similar law or statutes of the United States or any state thereof; or Firm shall be adjudged bankrupt or insolvent in proceedings filed against Firm thereunder and such adjudication shall not be vacated or set aside or stayed within sixty (60) days thereafter. Any termination of this Agreement as herein provided shall not relieve Firm from the payment of any sum or sums that shall then be due and payable to University hereunder, or any claim for damages then or theretofore accruing against Firm hereunder, and any such termination shall not prevent University from enforcing the payment of such sum or sums or claim for damages by any remedy provided hereunder. All rights, options, and remedies of University contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, unless otherwise stated in this Agreement. Failure of University to declare any default immediately upon the occurrence thereof, or the delay in taking any action in connection therewith, shall not waive such default, but University shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder, either at law or in equity. No waiver by University of a breach of any of the covenants, conditions, or restrictions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction herein contained. If any state or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties herein, or, if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition. Firm may not assign or otherwise transfer its interest in this Agreement, without the prior written approval of University. Firm shall pay, on or before their respective due dates, to the appropriate collecting authority, all federal, state and local taxes and fees, which are now or may hereafter be levied upon Firm, or upon the Firms business or equipment, or upon any of Firms property used in connection therewith, including taxes on Firms personal property; and Firm shall maintain in current status all federal, state and local licenses and permits, required for the operation of the business conducted by Firm, including the performance of this Agreement. Any discrimination by Firm, its sublicensees, agents or employees on account of race, color, sex, age, religion, handicap, sexual orientation, disability, veterans' status, or national origin in employment practices or in its performance of or provision of services under this Agreement is strictly prohibited. Firm shall pay wages that are not less than the minimum wages required by federal and state statutes and city ordinances, to persons employed in its operations. If any clause or provision of this Agreement shall be deemed or held to be illegal, invalid or unenforceable, then such clause or provisions shall be modified to the minimum extent necessary in order to make such clause or provision legal, valid and enforceable. Notices Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed delivered when (i) actually received by the designated addressee, or (ii) when such notice or document is deposited in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, addressed to the party to be notified at the respective addresses of the Parties as follows (or at such other addresses as they have previously specified by written notice): To University: With a copy to: Director of Athletics General Counsel Casanova Athletic Center 1226 University of Oregon 2727 Leo Harris Parkway 219 Johnson Hall Eugene, OR 97401-8835 Eugene, OR 97403-1226 To Firm: Nothing contained herein shall be deemed or construed by the Parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, guarantors, or any other similar such relationship, between the Parties hereto. It is understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the Parties hereto creates a relationship other than the relationship of two parties to a facility use agreement. The doctrine of respondeat superior shall not apply between the Parties hereto. This Agreement contains the final and entire agreement between the Parties hereto and contains all of the terms and conditions agreed upon, and supersedes all other existing agreements, oral or otherwise, regarding the subject matter of this Agreement, none of which shall hereafter be deemed to exist or to bind the Parties hereto; it being the intent of the Parties that neither shall be bound by any term, condition, or representation not herein written. There are no third party beneficiaries of this Agreement. This Agreement shall be binding upon and inure to the exclusive benefit of the Parties hereto and their respective legal representatives, successors and assigns. This Agreement shall be construed under and in accordance with the laws of the State of Oregon. Whenever this Agreement calls for the approval by University, such approval shall be evidenced by the written approval of the Athletic Director of the University or his designee. Firm hereby affirms, under penalty of perjury, as provided in ORS 305.385(6), that to the best of Firm's knowledge, Firm is not in violation of any of the tax laws described in ORS 305.380(4). Whenever a period of time is prescribed for action to be taken by either party hereunder, such party shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of such party, except the provisions of this Section shall not be applicable to Firms obligation to pay sums, costs, charges or expenses required to be paid by Firm under this Agreement. The exhibits attached to this Agreement are incorporated herein and made a part hereof for all purposes. Firm represents to the University that Firm has full power and authority to execute, deliver and perform this Agreement, and all other documents and certificates contemplated hereby, and the execution, delivery and performance thereof have been duly authorized by Firm; and no other action is or was required to be taken by Firm to permit the execution, delivery and performance of this Agreement, the transactions contemplated hereby, and all other documents and certificates contemplated hereby, and no consent or approval of any third party or governmental authority is or was required or appropriate in connection with the execution of this Agreement, or to consummate the transactions contemplated hereby. No amendment, modification, or alteration of the terms herein shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the Parties hereto. This Agreement may be executed in multiple counterparts, each of which shall have the full force and effect of an original, but all of which together shall constitute one instrument. The headings which have been used throughout this Agreement have been inserted for convenience of reference only and do not constitute matters to be construed in interpreting this Agreement. The words herein, hereof, hereunder, and other similar compounds of the word here when used in this Agreement shall refer to the entire Agreement and not merely to any particular provision or section. Time is of the essence of this Agreement. The University, Secretary of State of the State of Oregon, and their duly authorized representatives shall have access to the books, documents, papers, and records of Firm which are necessary to verify compliance with this Agreement. This Agreement shall not be interpreted to include access to any materials protected by the attorney-client or other privilege. Firm shall retain and keep accessible all such records for a minimum of three (3) years, or such longer period as may be required by applicable law, following termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or relating to this Agreement, whichever date is later. Criteria to evaluate Autzen game shuttle proposals Expense 50% The proposal will be evaluated total cost to the Athletic Department. This will be evaluated as both total cost and cost per rider. Management Experience 25% Proposal will be evaluated based on providing service of this type in this or similar situations. Equipment 15% Proposal will be evaluated in regard to the general maintenance, comfort and safety of the buses. Customer Service5% Proposal will be evaluated in regard to the customer service training, policies and record. Innovation/ideas 5% Proposal will be evaluated based on ideas to improve service and increase ridership.     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