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Invitation to Tender –Provision of Cash Collection Services to the University of South Australia

LODGEMENT OF TENDERS

Tenders must be lodged in the tender box at the address shown.

Tenders must be in plain envelopes or wrappings endorsed as follows:

TENDER FOR THE PROVISION CASH COLLECTION SERVICES TO THE UNIVERSITY OF SOUTH AUSTRALIA

Closing Time and Date: 2:00pm Friday 15th July 2011

The Tender Box

University of South Australia

Reception, Level 1, 101 Currie St

ADELAIDE SA 5000

Part A Invitation and Instructions

Part A ‐ Invitation and Instructions 7 1. Background: Introduction to the University of South Australia 7

2. General 7 2.1 Invitation to Tender 7 2.2 Structure of Tender Documents 7 2.3 Timetable: Closure of Tenders 8

3. Services Description 8 3.1 Tender Schedules 8 3.2 Contract / Licence Agreement 8 3.5 Tender Form and Tender Schedules 8

Part B ‐ Conditions of Tender 9 1. Defined terms 9 1.1 Defined terms 9

2. Communications 10 2.1 Communications between the University and the Tenderer 10 2.2 Requests for information 10

3. Tender Documents 10 3.1 Addenda 10 3.2 Accuracy of tender documents 10 3.3 Discrepancies, errors and omissions 10

4. Lodgement of Tender 11 4.1 General 11 4.2 Tender inclusions 11 4.3 Conforming Tender 11

5. Tenderers’ warranties, representations and acknowledgements 11 5.1 Tenderers to inform themselves 11 5.2 Exclusion of claims against the University 11

6. Acceptance and evaluation of Tenders 12 6.1 Evaluation criteria 12 6.2 Currency of Tender 13 6.3 Acceptance of Tender 13

7. The University's discretion 13 7.1 University's evaluation 13 7.2 Unsuccessful Tenderers 13

8. Intellectual Property 14

9. Confidential Information and return of Tender Documents 14 9.1 Use and disclosure 14 9.2 Permitted disclosure 14

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9.3 Obligations 14 9.4 Disclosure by law 14 9.5 Return of Tender Documents 15

Part C ‐ Contractual terms 16 OPERATIVE PROVISIONS 17

1. Provision of Cash Collection Services 17 1.1 Cash Collection Services 17 1.2 Performance 17 1.3 Subcontractors 17 1.4 Term 17 1.5 Extension 17 1.6 Statutory Requirements 18 1.7 Standards and Code 18

2. General Obligations of the Contractor 19

2.1 Standard of Work 19

2.2 Inspection 19

2.3 Modifications 19

2.4 Additional work 19

2.5 Rates 19

2.6 Emergency Work 19

2.7 Default by Contractor 20

3. Payment to the Contractor 20

3.1 Consideration for Work 20

3.2 Invoices 20

3.3 Annual sum component 20

3.4 Additional amounts 20

3.5 Deductions 20

3.6 Notification of deductions 21

3.7 Disagreement about deductions 21

3.8 Best endeavours to resolve 21

3.9 Payment of invoice 21

4. Rates 21

6. Unconditional Financial Undertaking 21

7. Goods and Services Tax 21

7.1 Consideration does not include GST 21

7.2 Gross up of consideration 22

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7.3 Reimbursements 22

7.4 Tax invoices 22

7.5 Adjustments 22

7.6 Interpretation 22

8. Contract Management 22

8.1 Appointment of Contract Manager 22

8.2 Availability of Contract Manager 23

8.3 Role of the Contract Manager 23

8.4 Authority of Contract Manager 23

8.5 Contact details of Contract Manager and others 23

8.6 Notification of activity or omission 24

8.7 Appointment of Deputy Contract Manager 24

8.8 Approval of Deputy Contract Manager 24

8.10 Contents of monthly report 24

9. Supply of labour, plant and equipment 24

9.1 Supply of plant and equipment 24

9.2 Standard of equipment 25

9.3 Ownership and maintenance 25

9.4 Insurance of Contractor's equipment 25

9.5 Unsafe equipment 25

9.6 Unsafe Premises 25

10. Contractor Staffing 26

10.2 Contractor Staff / Employees / Officers Training & qualifications 26

10.3 Names and details of Staff / employees 27

10.4 Uniforms and identification 27

10.5 Identification 27

10.6 No Employment Offer 27

10.7 Obligation to protect staff 27

10.8 Occupational Health and Safety 27

10.9 Liability for employees 28

11. Warranties 28

12 Liability of Contractor 29

13. Insurance 29

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13.1 Effect insurance 29

13.2 University requires copies 30

13.3 Sufficient cover 30

13.4 Increase premiums 30

13.5 Void insurance 30

13.6 Indemnity 30

14 Confidentiality 30

15. Dispute Resolution 32

16 Termination 32

17. Effect of Termination 33

17.1 Events upon termination 33

18. Notices 33

19. Governing law, jurisdiction and service of process 34

19A. Force Majeure 34

20. Assignment and sub‐contracting 35

21. Change in Control 35

22. Agency 35

22.1 No agency 35

22.2 No authority 36

22.3 No power 36

22.4 Employees are not agents 36

23. Entire agreement 36

24. Australian standards 36

25. Observance of statutory requirements 36

25.1 Compliance 36

25.2 Materials 36

25.3 Electrical equipment 36

25.4 Smoke free environment 36

25.5 Sexual harassment 37

27. Miscellaneous 37

27.1 Discretion in Exercising Rights 37

27.2 Partial Exercising of Rights 37

27.3 No Liability for Loss 37

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27.4 Approvals and Consents 37

27.5 Remedies Cumulative 37

27.6 Variation and Waiver 37

27.7 Further Steps 37

27.8 Publicity 37

27.9 Construction 38

27.10 Costs 38

27.11 Supervening legislation 38

27.12 Counterparts 38

27.13 Severability 38

27.14 Third Party Declaration. 38

28. Interpretation 38

28.1 Definitions 38

Schedule 1 Scope of Services. 42

General Requirements 42

Schedule 2 Rates (Excluding GST) 44

Schedule 3 (Indicative) Key Performance Indicators (to be finalised at contact negotiation) 45

Part D ‐ Scope of Service 47

Part E ‐ Tender Form 49

Part F ‐ Tender Schedule 51

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Part A ‐ Invitation and Instructions

1. Background: Introduction to the University of South Australia

The University of South Australia was founded on 1 January 1991 through the amalgamation of the South Australian Institute of Technology and the Magill, Salisbury and Underdale campuses of the South Australian College of Advanced Education. However, it traces its history back to some of the earliest and most influential educational institutions in South Australia, dating back to the nineteenth century, including the South Australian School of Art, and the South Australian School of Mines and Industries. Since its founding, the University has earned a reputation as a national leader in collaborative research and has been recognised nationally for innovation in teaching. The University has South Australia's largest intake of international students. The University of South Australia is committed to educating professionals; creating and applying knowledge; serving the community; maintaining cultural diversity amongst its staff and students; and providing equitable access to education for greater numbers of people. In this way, the University continues to build on the long‐standing traditions of its antecedent institution. The University is spread over five campuses, two in the Adelaide CBD, one each in the Adelaide suburbs of Magill and Mawson Lakes, and one in the regional city of Whyalla, 400 km north of Adelaide. It has recently commenced providing teaching services from its Mt Gambier Regional Centre. In addition, the University carries out its ancillary and support operations from a number of business locations within the Adelaide metropolitan area. The University’s onshore student population numbers some 29,000 persons, of whom approximately 6,500 are international students. In addition the University employs approximately 2,400 full time equivalent staff, excluding casuals. The University is seeking to appoint a suitably qualified service provider to undertake cash collection to all University of South Australia metropolitan campuses for a period of 3 years together with a 2 year option to extend at the sole discretion of the University.

2. General 2.1 Invitation to Tender

This document invites prospective Tenderers to submit a Tender (in accordance with the Conditions of Tender) for the conduct of Cash Collection across all the University of South Australia’s metropolitan campuses.

2.2 Structure of Tender Documents

The Tender Documents comprise the following parts:

Part A ‐ Invitation and Instructions

Part B ‐ Conditions of Tender

Part C – Service Agreement

Part D ‐ Scope of Services

Part E ‐ Tender Form; and

Part F‐ Tender Schedule

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2.3 Timetable: Closure of Tenders

Tenders will be accepted up until 2:00pm (Adelaide time) on Friday 15th July 2011. The University may vary this date or time in its absolute discretion.

3. Services Description The Scope of Services and service requirements are as set out in Part D.

3.1 Tender Schedules

Tenderers must complete and include with their tenders the Tender Schedule set out in Part F.

3.2 Contract / Licence Agreement

Successful Tenderers will be required to enter into a Service Agreement with the University on similar terms set out in Part C of the Tender Documents. The University may consider adopting the tenderers standard services agreement.

3.3 Site Plans

Site plans can be accessed via the following UniSA website link

http://www.unisa.edu.au/about/campuses/default.asp

3.4 Tender Preparation

All Tenders must be prepared and lodged in accordance with clause 6 of the Conditions of Tender.

It is the Tenderer's responsibility to ensure that its Tender complies with the requirements of the Tender Documents. A Tenderer who fails to comply with the requirements of the Tender Documents risks exclusion from evaluation.

3.5 Tender Form and Tender Schedules

Each Tenderer is required to complete the Tender Form (set out in Part E) and each of the Tender Schedules (set out in Part F).

Failure to comply with paragraph (a) may result in a Tender being excluded.

http://www.unisa.edu.au/about/campuses/default.asp

Part B ‐ Conditions of Tender

1. Defined terms 1.1 Defined terms

In Invitation to Tender unless the context otherwise requires:

Business Day means any day other than a Saturday, Sunday or Public Holiday in Adelaide South Australia.

Closing Date means 2pm Friday 15th July 2011

Closing Time means 2:00 pm (Adelaide time) on the Closing Date.

Conditions of Tender mean the terms and conditions as set out in this Part B of the Tender Documents.

Confidential Information means:

any document, drawing, information or communication (whether in written, oral or electronic form) given to the Tenderer by the University which is in any way connected with the Services;

the fact that the Tenderer has submitted a Tender and the terms of its Tender;

all notes and other records prepared by the Tenderer based on or incorporating information referred to in paragraphs (a) or (b); and

all copies of the information, notes and other records referred to in paragraphs (a), (b) or (c),

but does not include information which:

(e) the Tenderer creates (whether alone or jointly with any third person) independently of the University; or

(f) that is public knowledge (otherwise than as a result of a breach of confidentiality by the Tenderer, any permitted disclosee, or any other Tenderer).

Conforming Tender means a Tender that:

(a) is in an envelope endorsed ‘TENDER –PROVISION OF CASH COLLECTION SERVICES TO THE UNIVERSITY OF SOUTH AUSTRALIA’

(b) contains all information required by these Conditions of Tender;

(c) conforms to the formalities required by these Conditions of Tender; and

(d) clearly notes any clarifications and qualifications to the Tender Documents.

Contract means the Contractor Service Agreement between the University and the Successful Tenderer containing the provisions set out in Part C of these Tender Documents (the Agreement).

Location for Lodgement means The Tender Box, University of South Australia, Reception, Level 1, 101 Currie Street, Adelaide, South Australia, 5000

Tender means the documents required by these Tender Documents to be duly completed and executed by or on behalf of the Tenderer and lodged with the University in accordance with these Conditions of Tender.

Tenderer means a person lodging a Tender in accordance with the Tender Documents.

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Part B Conditions of Tender

Tender Documents mean the documents described in clause 2.2 of Part A.

Tender Schedules means the schedules set out in Part E of the Tender Documents, which are required to be completed and returned as part of the Tender.

University's Representative means an employee of the University holding the position of Manager: Commercial Services: Facilities Management and or nominee.

2. Communications 2.1 Communications between the University and the Tenderer

(a) Unless otherwise agreed in writing with the University, all communications between the Tenderer and the University material to the preparation of the Tender must be in writing. Nathan Warburton: [email protected] (08) 8302 1123

2.2 Requests for information

(a) The University is not obliged to respond to any request by a Tenderer for additional information or clarification of the Tender Documents.

(b) The University will not be bound by:

(i) any verbal advice or information irrespective of who provides such advice; and

(ii) any written advice or information unless it is signed by the University's Representative.

3. Tender Documents 3.1 Addenda

(a) The University may amend the Tender Documents at any time before the Closing Date and the Closing Time, in which case a written addendum will be issued by the University to all Tenderers.

(b) No explanation, elaboration, interpretation of, or amendment to the Tender Documents will be effective unless it is in the form of a written addendum issued by the University.

(c) Any addenda issued under this clause 3.1 will become part of the Tender Documents.

3.2 Accuracy of tender documents

The Tenderer must make it own interpretations, deductions and conclusions from the information made available and from its own investigations and accept full responsibility for those interpretations, deductions and conclusions.

3.3 Discrepancies, errors and omissions

If a Tenderer discovers an error, discrepancy, ambiguity, incompleteness, omission or other issue arising in connection with the Tender Documents or any other information provided by or on behalf of the University, and the Tenderer considers that the error, discrepancy, ambiguity, incompleteness, omission or other issue is material to the preparation of its Tender, the Tenderer must immediately advise the University (in writing).

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mailto:[email protected]


4. Lodgement of Tender 4.1 General

(a) Six copies of the Tender Documents and any supporting documentation must be delivered to the Location for Lodgement by the Closing Time on the Closing Date.

(b) If the Tender is not delivered to the Location for Lodgement by the Closing Time on the Closing Date, it may be rejected at the discretion of the University irrespective of the reason why it is late.

4.2 Tender inclusions

Each Tender must include all items as detailed in PART F – Tender Schedules.

4.3 Conforming Tender

The University will evaluate all Conforming Tenders.

To submit a Conforming Tender, the Tenderer must submit a Tender in accordance with these Conditions of Tender.

5. Tenderers’ warranties, representations and acknowledgements 5.1 Tenderers to inform themselves

By lodging a Tender the Tenderer will be taken to;

(a) have examined the Tender Documents and any other information made available to the Tenderers by the University for the purposes of tendering;

(b) have examined all information relevant to the risk, contingencies and other circumstances having an effect on its Tender and accounted for those risks, contingencies and circumstances in the Contract Price offered by it;

(c) have formed its own views and opinions as to all of the information provided, and all risks, contingencies, constraints and all other circumstances which might influence or affect its Tender and/or its ability to carry out its obligations under the Tender Documents; and

(d) have acknowledged that it has not relied in making its Tender on any warranty or representation made by the University, except where expressly provided in the Tender Documents.

5.2 Exclusion of claims against the University

By lodging a Tender, the Tenderer warrants and represents to the University that:

(a) the Tenderer is in all respects an independent tenderer and that no collusion has taken place between the Tenderer and any other prospective tenderer or interested party in the preparation of the whole or any part of the Tender;

(b) the Tenderer will not have any claim against the University or any employee, consultant, agent or contractor of the University (whether under the law of tort, contract, quantum meruit or otherwise) arising out of, or in connection with:

(i) the Tender Documents or any information provided by or on behalf of the University (including incompleteness, errors, discrepancies, ambiguity or any other inadequacy);

(ii) the University exercising any discretions conferred on it by these Conditions of Tender (including its decision to accept or reject a Tender);

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(iii) any of the matters and things relevant to the Services in respect of which the Tenderer must satisfy itself under these Conditions of Tender; or

(iv) any costs, expenses or other liabilities incurred by the Tenderer in preparing a Tender or otherwise in connection with a Tender (whether or not a Tender is lodged with, or accepted by, the University) including any costs incurred by the Tenderer in providing any further information or carrying out any further work and/or services at the request of the University, in connection with the Tender; and

(c) all information contained in its Tender is accurate and not misleading.

6. Acceptance and evaluation of Tenders 6.1 Evaluation criteria

Tenders may be assessed against the following criteria, which may be weighted, at the University's sole discretion.

CAPABILITY and COMPETENCE:

• Demonstrated capability of providing the Services stated in the scope of services including appropriate staffing levels and suitably qualified and trained employees.

EXPERIENCE and REFEREE COMMENT

• Current client references, preferably in the tertiary education sector.

• Systems to effectively measure performance against the service requirements.

QUALITY MANAGEMENT and BUSINESS SYSTEMS

• Compliance with quality assurance systems to nationally or internationally recognised Quality Systems Standards. Please submit copy of Quality Assurance Certificate.

• Company Capability ‐ business operations, nationally and more specifically in South Australia.

o number of contracts,

o location,

o monetary value,

o scope of services undertaken,

o number of employees, and

o quality systems and company key performance indicators.

FINANCIAL STABILITY

• Financial Stability

OHS and OTHER

• Occupational Health and Safety and Environment Systems.

• Industrial Relations

Nothing in this clause infers that the University will necessarily accept any Tender.

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6.2 Currency of Tender

(a) Tenders will remain valid for acceptance for six calendar months following the Closing Date, until such time as written notice has been received by the University from the Tenderer that the Tender has been withdrawn.

(b) A Tenderer must not, before the expiry of six calendar months:

(i) withdraw or revoke;

(ii) vary, amend, change (including by way of addition or qualification); or

(iii) otherwise do anything which affects its Tender once submitted,

(iv) unless the University expressly agrees in writing.

6.3 Acceptance of Tender

A Tender will not have been accepted by the University unless and until the Tenderer and the University have executed the Contract.

7. The University's discretion 7.1 University's evaluation

The University may, in its absolute discretion:

(a) consider, or refuse to consider, any Tender which does not conform or comply with the requirements of the Conditions of Tender;

(b) in its evaluation and assessment of Tenders:

(i) apply such criteria as the University sees fit having regard to the evaluation criteria detailed in clause 6.1 of these Conditions of Tender;

(ii) disregard part of any Tender that the University considers ambiguous, erroneous or incomplete;

(iii) request further information from the Tenderer; or

(iv) request or allow the Tenderer to amend its Tender;

(c) decide not to accept the lowest price Tender or any Tender at all, or decide not to proceed with the work the subject of the Tender;

(d) award to any Tenderer any part, or the whole of, the work under the Tender Documents;

(e) award parts of the work under the Tender Documents to different persons (whether or not they are Tenderers);

(f) reject any Tender for any reason; and/or

(g) elect to negotiate with the preferred Tenderer or Tenderers with a view to modifying the scope, terms, conditions, and other matters applicable to finalising contractual arrangements, but is under no obligation to do any of the above.

7.2 Unsuccessful Tenderers

The University is:

(a) not obliged or required to give any reasons to any unsuccessful Tenderer or to disclose any matter in relation to the successful Tenderer; and

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(b) not responsible for any, and will not pay for, costs, expenses or losses which may be incurred by a Tenderer (successful or otherwise) in the preparation of the Tender or any negotiations arising in relation to a Tender.

8. Intellectual Property (a) The Tender Documents will, at all times, remain the property of the University.

(b) All rights of intellectual property, including copyright, in the Tender Documents and other documents supplied to the Tenderer by or on behalf of the University, are the property of the University and must not be used by the Tenderer for purposes other than the preparation of the Tender.

9. Confidential Information and return of Tender Documents 9.1 Use and disclosure

Each Tenderer:

(a) may use the Confidential Information only for the purposes of preparing a Tender in response to this Invitation to Tender; and

(b) must keep confidential all Confidential Information except:

(i) for disclosure permitted under clause 9.2; and

(ii) to the extent (if any) the Tenderer is required by law to disclose any Confidential Information provided that the Tenderer has complied with clause 9.4.

9.2 Permitted disclosure Each Tenderer may disclose Confidential Information to persons who: (a) have a need to know for the purposes of this Tender (and only to the extent that each

has a need to know); and

(b) before disclosure:

(i) in the case of the Tenderer's officers, employees and consultants, have been directed by the Tenderer to keep confidential all Confidential Information; and

(ii) in the case of other persons, have agreed in writing with the Tenderer to comply with substantially the same obligations in respect of Confidential Information as those imposed on the Tenderer under this clause 9;

(c) (each a Direction).

9.3 Obligations

The Tenderer must:

(a) ensure that each person to whom it discloses Confidential Information under clause 9.2 complies with its Direction; and

(b) immediately notify the University of, and take all steps to prevent or stop, a suspected or actual breach of a Direction.

9.4 Disclosure by law

If a Tenderer is required by law to disclose any Confidential Information to a third person the Tenderer must:

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(a) before doing so:

(i) notify the University; and

(ii) give the University a reasonable opportunity to take any steps that the University considers necessary to protect the confidentiality of that information; and

(b) notify the third person that the information is confidential information of the University.

9.5 Return of Tender Documents All Tender Documents and other information provided by or on behalf of the University to the Tenderer and copies produced by the Tenderer, must be returned to the University at the address to which Tenders are to be submitted within five Business Days of receipt of a written request to do so by the University.

Part C ‐ Contractual terms

Contract for Provision of Cash Collection Services to the University of South Australia

Date:

Parties: University of South Australia, 101 Currie Street, Adelaide SA 5000

(“University”)

(“Contractor”) (together “the Parties”)

Recitals:

A. The University requires Cash Collection Services to be provided by a third party.

B. xxx has submitted a Tender to the University offering to provide the required Services.

C. The University has accepted xxxx’s Tender.

D. The Parties have agreed to enter into this Contract which sets out the terms and conditions

for the provision of the Services.

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Part C Contractual Terms

OPERATIVE PROVISIONS

1. Provision of Cash Collection Services 1.1 Cash Collection Services

The Contractor shall provide Cash Collection Services to the four metropolitan campuses of the University of South Australia: City East, City West, Mawson Lakes and Magill and in the manner detailed in Schedule 1 of the Contract ‘Scope of Services’ for the Contract Period. The provision of the Services will be measured by reference to the Key Performance Indicators (KPI’s) set out in Schedule 3.

1.2 Performance

The Contractor shall execute and complete the work under this Contract at its own expense and except where expressly stated to the contrary herein shall:

(a) provide all skilled and expert services, labour and materials necessary for the purpose of this Contract;

(b) ensure that all services, equipment and systems provided under this Contract shall be in accordance with current Australian Standards and industry applicable standards;

(c) ensure that all work carried out under this Contract shall be performed by licensed (if applicable), trained and experienced personnel directly employed and supervised by the Contractor and qualified for the purpose of this Contract; and

(d) maintain a pool of on call licensed, trained and experienced casual personnel for the above purposes.

1.3 Subcontractors The Contractor must not engage subcontractors to provide the whole or any part of the Services without the prior written consent of the University. The University may at its absolute discretion approve or reject the Contractor's request.

1.4 Term Subject to earlier termination under clause 16 and other provisions of this Contract, the term of this Contract is 36 months from the Commencement Date.

1.5 Extension 1.5.1

The University may offer to extend the Contract Period for a further 24 months following the initial 36‐month period, if satisfied with the Contractor's performance during the initial period..

1.5.2

An extension of the Contract will be on the same terms and conditions as this Contract except as agreed between the Parties (including but not limited to any variation in the Rates which may be agreed between the Parties).

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1.6 Statutory Requirements

The Contractor shall comply with the requirements of:

(a) Acts of the Commonwealth of Australia;

(b) the University of South Australia Act 1990 (SA);

(c) the Occupational Health and Safety Act 1986 (SA);

(d) all other applicable Acts of the South Australian Parliament;

(e) persons acting in the exercise of statutory power enabling them to give directions affecting the work under the Contract; and

1.6.1 Statutory Requirement at Variance with Contract Provision

If a statutory requirement is at variance with a provision of the Contract, as soon as the Contractor discovers the variance the Contractor shall notify the University in writing specifying the difference. If a requirement necessitates a change to the method of working specified in the Contract, the University shall order a variation under the provisions provided herein.

1.6.2. Notices and Fees

The Contractor shall give the notices and pay the fees necessary to comply with all statutory requirements.

1.6.3 Documents Evidencing Approvals of Authorities

The Contractor shall give the University of South Australia certified copies of documents issued to the Contractor by municipal or other statutory authorities in respect of the work under the Contract and, in particular, evidence of all licences held by the Contractor and its employees.

1.7 Standards and Code

The Contractor shall be a current member of an acceptable incorporated industry association, and shall provide evidence of membership including Certificate of Compliance with the Industry Association from their industry association to the satisfaction of the University prior to commencing the Contract. If at any time membership is cancelled suspended, expires, or revoked, the University of South Australia is to be advised immediately and the University of South Australia may terminate the Contract, by notice in writing to the Contractor, without penalty. The Contractor shall provide evidence of licensing and training of all employees prior to them commencing on site including but not limited to training in Occupational Health & Safety and completion of orientation and induction in accordance with the UniSA Induction manual.

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2. General Obligations of the Contractor

2.1 Standard of Work

The Contractor agrees to provide all Services in accordance with the terms of this Contract, to assign adequate personnel to perform the Services and to ensure the Services are performed:

(a) in a proper, skilful and efficient manner to the entire satisfaction of the University; and

(b) in accordance with the specifications detailed in Schedule 1 Scope of Services;

The Contractor agrees to meet the University’s expectations relating to the delivery of effective and efficient outcomes with key performance indicators relating to Schedule 1 Scope of Services being monitored in assessing such performance outcomes (Schedule 3: Key Performance Indicators).

2.2 Inspection

At all times during the Contract the University may conduct regular reviews of the Contractor’s work and inspect documents such as but not limited to licences, identity cards, driver's licences and First Aid Certificates. The Contractor will promptly make available any such documents for inspection when requested by or on behalf of the University.

2.3 Modifications

The University is entitled to issue to the Contractor instructions in writing requiring the Contractor to do all or any of the following:

(a) to omit and to cease to perform any part of the Services for such period as the University may nominate;

(b) to perform the Services in such manner as the University may require;

(c) to perform additional or alternative works outside the scope of the Services as detailed in Schedule 1; and

(d) to vary Schedule 1 and to perform the Services in accordance with the Schedule as so varied; and the Contractor agrees to be bound by and to carry out all such instructions.

2.4 Additional work

The University reserves the right at all times during the Contract Period to allot additional work to other independent contractors or to its own staff.

2.5 Rates

Any services undertaken by the Contractor at the request of the University additional to the Services as specified in Schedule 1 will be charged at the Rates as specified in Schedule 2.

2.6 Emergency Work

If the Service Provider / Contractor becomes aware of any situation that requires remedial, protective, repair or other like work that is urgently required to prevent further damage to University property or Premises, or to prevent the injury or death of any person, then it is the Contractor's responsibility to immediately notify the University’s Operations Coordinator or Nominee.

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2.7 Default by Contractor

In addition to its rights of termination under clause 16 of this Contract, if for any reason the Contractor does not perform the Services as required by this Contract, the University may direct its own staff / employees or any other person to perform any or all such Services.

2.7.1 The Contractor will indemnify the University for any cost or expense incurred by having University staff /employees or other persons perform the Services in the event of a default by the Contractor.

3. Payment to the Contractor

3.1 Consideration for Work

In consideration for performing the Services, the University agrees to pay to the Contractor the Rates and any variable component as agreed in writing by the University.

The University also agrees to pay the Contractor for additional services, in accordance with the Rates.

3.2 Invoices

The Contractor shall be paid by monthly payments and invoices are to be issued to the University’s Operations Coordinator by the 5th day of each month for work performed under the Contract in the previous month.

3.3 Annual sum component

Not Applicable.

3.4 Additional amounts

An invoice shall also specify as a separate item any amount claimed for additional Services performed in accordance with an instruction given by the University under clause 2.4 and charged in accordance with the Rates. The invoice must give sufficient detail of the additional services to enable the University to verify the charge made.

3.5 Deductions

Upon receipt of an invoice, the University may deduct:

i. any amount that is deductible by reason of a reduction in the scope or extent of Services performed due to an instruction given by the University under clause 2.3;

ii. any amount that is deductible under Schedule 3 for failure by the Contractor to meet relevant KPIs;

iii. any costs incurred by the University as a direct and sole result of default by the Contractor;

iv. amounts to cover the cost of materials supplied or equipment hired from the University by the Contractor; and

v. an amount equal to the value of any University physical property damaged directly and solely by the Contractor's or its employee’s negligence or wrongful acts or omission in the course of providing the Services.

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3.6 Notification of deductions

If the University makes any deductions under clause 3.5 the University shall inform the Contractor of the amount and the reasons for the deductions.

3.7 Disagreement about deductions

If the Contractor disagrees with any or all of the deductions made by the University, it must so notify the University within 14 days of receipt of the notice given by the University.

3.8 Best endeavours to resolve

The Parties must use their best endeavours to resolve any dispute that arises from the deductions.

3.9 Payment of invoice

If the Parties agree upon that an amount is owing to the Contractor in respect of any deduction made by the University under clause 3.5, the University shall pay the agreed amount to the Contractor within 30 days of the date of agreement.

4. Rates 4.1 The Rates are the amounts charged by the Contractor for the provision of Services as detailed in

Schedule 1 or requested by the University Operations Coordinator or Nominee from time to time. For the first, second and third years of the Contract Period, the Rates are those stated in Schedule 2 of the contract.

4.2 The Rates are inclusive of all labour, supervision and administration, equipment and material

costs, insurance premiums and all other costs including but not limited to corporate overheads, rental, leasing, and profit margin, direct and indirect costs which are necessary to perform the Services in a thorough manner to the satisfaction of the University.

4.3 The Contractor will not be entitled to recover any sums in addition to the Rates except where

this Contract provides otherwise.

5. Payments to the University of South Australia

Not applicable

6. Unconditional Financial Undertaking Not Applicable

7. Goods and Services Tax

7.1 Consideration does not include GST

Unless specifically described in this agreement as 'GST inclusive', any sum payable (or amount included in the calculation of a sum payable), or consideration to be provided, under or in accordance with this agreement does not include any amount on account of GST.

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7.2 Gross up of consideration

Where any supply to be made by one party (Supplier) to another party (Recipient) under or in accordance with this Agreement is subject to GST (other than a supply the consideration for which is specifically described in this Agreement as 'GST inclusive'):

(a) the consideration payable or to be provided for that supply but for the application of this clause (GST Exclusive Consideration) shall be increased by, and the Recipient shall pay to the Supplier, an amount equal to the GST payable by the Supplier in respect of that supply; and

(b) the Recipient must pay that additional amount at the same time and in the same manner as the GST Exclusive Consideration payable or to be provided for that supply.

7.3 Reimbursements

If any payment to be made to a party under or in accordance with this Agreement is a reimbursement or indemnification of an expense or other liability incurred or to be incurred by that party, then the amount of the payment must be reduced by the amount of any input tax credit to which that party is entitled for that expense or other liability, such reduction to be effected before any increase in accordance with clause 7.2.

7.4 Tax invoices

The Supplier must issue a tax invoice to the Recipient in respect of any taxable supply made by the Supplier under or in accordance with this Agreement, such tax invoice to be issued no later than 14 days after the Supplier receives the consideration for that taxable supply.

7.5 Adjustments

If an adjustment event has occurred in respect of a taxable supply made under or in accordance with this Agreement, any party that becomes aware of the occurrence of that adjustment event must notify each other party to that taxable supply as soon as practicable, and all of those parties agree to take whatever steps are necessary (including to issue an adjustment note), and to make whatever adjustments are required, to ensure that any GST or additional GST on that taxable supply, or any refund of GST (or part thereof), is paid no later than 28 days after the Supplier first becomes aware that the adjustment event has occurred.

7.6 Interpretation

A word or expression used in this clause which is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning in this clause.

8. Contract Management

8.1 Appointment of Contract Manager

The Contractor shall ensure that, at all times during the Contract Period, a Contract Manager is appointed and empowered to act on behalf of the Contractor.

8.1.1 The Contractor must remove a person from the position of Contract Manager if requested by the University.

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8.2 Availability of Contract Manager

The Contractor must ensure that the Contract Manager or a senior representative is available to be contacted by the University 24 hours a day 7 days a week.

8.3 Role of the Contract Manager

The Contract Manager or his authorised Deputy Contract Manager shall:

8.3.1 Visit and inspect the Services being provided under the Contract on at least one occasion each year of the Contract;

8.3.2 Meet with University nominees as required, to discuss any issue pertaining to the

Contract; 8.3.3 During such meetings held in accordance with clause 8.3.2;

Report on all service delivery issues by Contractor staff, in particular whether the KPIs are being satisfactorily achieved;

Demonstrate how the KPIs have been achieved or exceeded or, if not satisfactorily met, provide an explanation together with recommended remedial action to ensure the KPIs are met.

8.3.4 At the conclusion of all meetings held in accordance with clauses 8.3.2 within 7 days of the end of the month the Contractor will complete and forward (electronically) to the University, written confirmation of the matters discussed and the agreed outcomes of such meeting (Minutes). The Contractor will take all action necessary to comply with, or bring into effect, those decisions arising from said meetings;

8.3.5 Consult with the University to ensure the continuous and efficient provision of the

Services in accordance with the Contract; 8.3.6 Attendance by the Contract Manager or the Deputy Contract Manager at meetings with

the University in addition to the meetings convened in accordance with clause 8.3 shall not be the subject of an additional charge by the Contractor.

8.4 Authority of Contract Manager

The Contract Manager shall be the Authorised Officer of the Contractor for all purposes connected with the Contract. Any notice, information, instruction or other communication given or made to the Contract Manager shall be deemed to have been given or made to the Contractor.

8.5 Contact details of Contract Manager and others

At all times, the Contractor will keep the University informed of the mobile and office telephone numbers of:

(a) The Contract Manager; and

(b) The Deputy Contract Manager.

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8.6 Notification of activity or omission

The Contract Manager shall inform the University immediately in writing of any instances of activity or omission on the part of the University or its students, staff or employees, which prevent the Contractor from meeting any of its contractual obligations.

8.7 Appointment of Deputy Contract Manager

The Contractor shall inform the University the identity of any person who has been authorised to act as a deputy for the Contract Manager.

8.8 Approval of Deputy Contract Manager

The Contractor must remove a person from the position of Deputy Contract Manager if requested to do so in writing by the University.

8.9 Contractor to prepare monthly report

At the conclusion of each month, the Contractor will prepare a report containing the information required in clause 8.10 and provide the University with a copy of the report within 7 days of the end of the month. The report must include reference to each of the items listed in 8.10 and accurately relate the standard of service delivery actually achieved during the said period.

8.10 Contents of monthly report

Each report under clause 8.9 must contain the following information relating to the resultant month:

(a) any Occupational Health & Safety issues;

(b) any issues relating to the provision of the Services; and

(c) other issues related to, or in connection with, the Services or which the University requests be included in the monthly report;

(d) details relating to Contractor staff absenteeism including replacements, lost time or any other relevant factors;

(e) any complaints received in relation to Contractor staff and the outcome of any subsequent investigation;

(f) details generally of any Contractor staff grievances or disciplinary activities conducted by the Contractor with relevant Contractor staff;

(g) any failure or inability of the Contractor to provide services as required;

(h) any formal appreciation received;

(i) details of any relevant staff training conducted by the Contractor; and

(j) any issues relating to the supply of labour by the Contractor to the University and the way that the Contractor has provided those services.

9. Supply of labour, plant and equipment

9.1 Supply of plant and equipment

The Contractor shall supply at its own expense all labour and staff uniforms and sundry equipment necessary for the efficient provision of the Services.

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9.2 Standard of equipment

The University may advise the Contractor of the type and level of equipment necessary to maintain the quality standards required by the University and the Contractor shall comply with any reasonable advice.

9.3 Ownership and maintenance

9.3.1 Any equipment, fittings, plant and fixtures owned by the University and used by the Contractor in the performance of the Services will remain the property of the University and cannot be removed from the Premises. If any such items are lost or damaged by the negligence or wrongful acts or omissions of the Contractor or its employees the Contractor shall at the option of the University, either

(a) pay on demand the full replacement value of the items;

(b) agree to the deduction of this amount from the Rates; or

(c) replace the item with an item of equivalent quality and value.

9.3.2 The Contractor shall, at its own expense keep all equipment employed in the performance of the Services at all times in good and serviceable repair and in such condition as is commensurate with the proper performance by the Contractor of its obligations under this Contract.

9.3.3 The University shall be entitled to serve a notice in writing on the Contractor requiring

the Contractor to put any item of equipment into such condition as is required by clause 9.6.2 and the Contractor shall immediately on receipt of such notice cause all necessary work to be carried out to comply with the notice.

9.3.4 If the Contractor fails to carry out the work, the University shall be at liberty to have the

work carried out and the Contractor shall either repay the University the cost of the repair work or agree to this amount being deducted from the Rates.

9.4 Insurance of Contractor's equipment

The Contractor shall at all times be fully responsible for all insurance required in connection with, or arising out of, the possession or use of the Contractor's equipment employed in the performance of the Services.

9.5 Unsafe equipment

The Contractor shall immediately withdraw from use any equipment used by the Contractor or its employees in performance of the Services that is unsafe and which may cause damage to physical property or injury to any person.

9.6 Unsafe Premises

The Contractor shall immediately notify the University if the Contractor or its employees identify that any part of the Premises is unsafe and may cause damage to physical property or injury to any person.

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10. Contractor Staffing

10.1.1 The University reserves the right to interview and accept or reject all candidates proposed by the Contractor, to assess the candidate’s suitability prior to their engagement to work at any University campus.

10.1.2 If any person engaged by the Contractor working on the campuses shall in the reasonable opinion of the University Operations Coordinator or Nominee be unsuitable to carry out the Services, the University Operations Coordinator or Nominee may require the Contractor immediately to remove this person from the University campus / premises and forbid this person to remain in or return to the Premises or any other University campus / premises.

10.1.3 In the event of circumstances set out in 10.1.2 neither the University Operations Coordinator or Nominee nor the University shall be under any liability in respect of any claim made by the Contractor or by the person engaged by the Contractor for wages or damages, whether for wrongful dismissal or otherwise and the Contractor shall indemnify the University against any and all such claims.

10.1.4 The Contractor must ensure that the rate of pay contributions made to Contractor staff

assigned to work at the University is in accordance with the relevant Award and commensurate with the appropriate level of skill required and used to deliver the necessary services to the University

10.2 Contractor Staff / Employees / Officers Training & qualifications

Employees engaged by the Contractor under this contract shall:

(a) Hold and maintain all relevant / current licences and any future relevant legislation or regulation, as may be required to perform the required duties. Compliance with any future relevant legislation or requirements deemed relevant for the content of the contract shall be at the Contractors cost.

(b) Possess excellent interpersonal skills and demonstrate that they have a professional attitude to customer service consistent with the University’s philosophy, as described in this specification.

(c) Demonstrate an aptitude and experience in the operation of computer‐based systems.

(d) Hold and maintain a current SA Drivers Licence.

(e) Maintain Federal Police Clearance at all times.

The Contractor must not knowingly engage, or allow to act for the purpose of this Contract any person who has a criminal record or any links to a criminal organisation.

Without prior written approval of the University persons engaged by the contractor must not carry, or bring firearms or other weapons onto the campuses. The Contractor must ensure that this requirement is enforced at all times.

10.2.1 Prior to commencement

Prior to commencement of the Contract, and the commencement of any contractor staff on site and at any other time at the request of the University, the Contractor shall conduct:

(a) site familiarisation training;

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(b) specific training in the University of South Australia’s policies and procedures (including the UniSA Traffic and Parking Policy, Cultural awareness, OHS&W, Sexual Harassment and any other training deemed necessary by the University); and

(c) Training which emphasises the underlying philosophy to be followed in the provision of services on the University of South Australia’s sites.

10.3 Names and details of Staff / employees

On being requested by the University Operations Coordinator or Nominee, the Contractor will provide to the University the names, addresses, relevant licences, First Aid Certificates and motor vehicle driver’s licence, current police checks and any other details and licences (including number and expiry date), of all persons employed by them on the campuses.

If requested by the Operations Coordinator or Nominee at any time to do so, and at the Contractor's expense, the Contractor will require its employees engaged in providing the Services to undergo further police clearance checks and will provide the University with the relevant reports when received.

10.4 Uniforms and identification

The Contractor is required to provide at its own expense to each of its staff uniforms. The Contractor shall also ensure that the serviceability, cleanliness and tidiness of such uniforms worn by the Contractor's staff are maintained at a high level. Items no longer deemed presentable by the University are to be replaced by and at the cost of the Contractor.

10.5 Identification

All Contractor employed staff / employees must at all times carry identity cards in a form approved by the University. These identity cards must be made available for inspection on request by any employee of the University (who similarly discloses their identity) or if in an instance, it would assist the process of communicating with other persons.

10.6 No Employment Offer

The Contractor must not, either during the Term or during the period of 12 months after the termination or expiration of this agreement, employ or approach with a view to employing or cause any related body corporate of the Contractor to employ or approach with a view to employing any employee or former employee of the University, without first obtaining the written consent of the University.

10.7 Obligation to protect staff

The Contractor agrees to at all times take such precautions as are necessary to protect the health and safety of all persons and shall comply with the requirements of the Occupational Health and Safety Act and of any other Acts, regulations or orders pertaining to the health and safety of others including its own employees.

10.8 Occupational Health and Safety

10.8.1 A copy of the Contractor’s Occupational Health and Safety statement or policy must be supplied to the University prior to the commencement of the Contract.

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10.8.2 The Contractor agrees to nominate a person to be responsible for health and safety issues as required by the Occupational Health and Safety Act and by the Regulations made pursuant to that Act.

10.8.3 While on University campuses, the Contractor shall require and procure that its employees, agents or other persons for whom it is responsible comply with the University’s Occupational Health Safety and Environment policies (as amended from time to time). All staff is to be site inducted prior to their initial commencement.

10.8.4 In addition the Contractor agrees to comply with the University’s procedures for the reporting of accidents and incidents.

10.9 Liability for employees

The Contractor shall at all times be fully responsible for:

(a) any payments to be made to its employees, including but not limited to salaries, wages, WorkCover or other such payments;

(b) any liability arising from the termination (lawful or otherwise) of employment of any employee of the Contractor;

(c) all income or other taxes, national insurance contributions, superannuation, taxes or charges of any kind, relating to or arising out of the employment of any person employed by the Contractor in connection with this Contract; and

(d) any liability arising from claims, injury, death disability of the Contractor’s employees occurring in the course of their employment and or delivery of services to the University.

10.9.1 The Contractor shall fully and promptly indemnify the University in respect of any liability or claims arising from the circumstances set out in clause 10.9.

11. Warranties 11.1 Where the Contractor is a body corporate, the Contractor represents and

warrants to the University that:

(a) it is incorporated in Australia

(b) it has full corporate power and any necessary consents to enter this Contract;

(c) the entry into and performance of obligations arising from this Contract will not constitute a breach of any obligation or default under any contract or undertaking by which the Contractor is bound;

(d) it is not involved in any current or threatened litigation or arbitration proceedings;

(e) no claim has been made against it in connection with any defective products or services provided by it in the course of carrying on its business;

(f) it is not, and none of its staff / employees are the subject of any current or threatened prosecution or other police action, or any punitive action or other proceeding by a licensing or regulatory authority;

(g) all risks, whether in relation to damage to property, personal injury, product liability or otherwise are adequately insured for amounts which would be maintained in accordance with prudent business practice;

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(h) all information given by the Contractor or the Contractor’s professional advisers to the University or the University’s professional advisers both before and after the Commencement Date is and will be true and accurate in all respects. The information is not misleading in any particular, whether by omission or otherwise.

11.2 The Contractor represents and warrants to the University that each of the warranties set out above in clause 11.1 is accurate and will continue to be accurate throughout the Contract Period. Each of the warranties is to be treated as a separate representation and warranty and the interpretation of the warranties is not to be restricted by reference to or inference from any other statement.

11.3 If any breach or inaccuracy of the warranties becomes apparent to the University it may terminate this Contract without prejudice to any other remedy available to it.

12 Liability of Contractor 12.1 Subject to clauses 12.3 and 12.4 the Contractor agrees to indemnify the University and its

employees contractors and agents against all losses, damages, claims, liabilities (including but not limited to legal costs and defence or settlement costs) directly or indirectly or arising out of or referable to:

(a) any breach by the Contractor (or its approved sub‐contractors) of:

I. The obligations imposed under this Contract; or

II. Any representation or warranty made by the Contractor, in this Contract; or

(b) any act or omission of the Contractor or its employees, agents or sub‐contractors.

12.2 It is not necessary for the University to incur expense or make payment before enforcing a right of indemnity conferred by this Contract.

12.3 The indemnities in this Contract are continuing obligations independent from the other obligations of the Parties under this Contract and continue after this Contract ends.

12.4 The Contractor’s liability to indemnify the University or its employees, contractors or agents under clauses 12.1 and 14.7 shall be reduced proportionately to the extent that such liability is due to the negligence or wrongful acts or omissions of the University or its employees, agents or contractors.

13. Insurance

13.1 Effect insurance

The Contractor shall at all times during the term of this Contract maintain in force policies of insurance with ‘Approved Insurers’ as shall fully insure and indemnify the Contractor against liability under the terms of this Contract:

(a) to the University and to any employee of the University;

(b) to the employees of the Contractor; and

(c) to any other person,

In the sum of at least $ 20,000,000.00 for public liability and $10,000,000 for professional indemnity and Cash in Transit Insurance in accordance with the Scope of Service (Schedule 1).

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13.2 University requires copies

Prior to the Commencement Date and as requested by the University during the currency of this Contract, the Contractor agrees to supply the University with certificates of currency as evidence of insurances required to comply with clause 13.1.

13.3 Sufficient cover

If the Contractor’s insurance does not comply with clause 13.1 and the University notifies the Contractor of the deficiency, the Contractor shall rectify the insurance within 7 days of receiving the University’s notice. If the Contractor fails to rectify the defect in its insurance within 7 days, the University may itself cause such insurance to be effected and the Contractor will pay to the University the cost to affect the insurance.

13.4 Increase premiums

If the Contractor does, or omits to do, any act which directly or indirectly results in an increase in the premium paid by the University under any policy of insurance, the Contractor agrees to indemnify the University in respect of the additional premium.

13.5 Void insurance

The Contractor must not do, or omit to do, any act which could have the effect of voiding any policy of insurance which benefits the University.

13.6 Indemnity

The Contractor shall indemnify the University against all claims, losses, damages, actions, costs or proceedings to the extent they are incurred by or brought against the University as a direct or indirect result of any breach of this Contract by the Contractor, its agents, employees or sub‐contractors.

14 Confidentiality 14.1 The contractor undertakes to keep Confidential Information secret, to use its best efforts to

protect and preserve the confidential nature and secrecy of the Confidential Information and in particular, to prevent third parties from gaining access to the Confidential Information other than as permitted under this Contract.

14.2 The Contractor shall not, whether during or after the term of this agreement:

(a) use any Confidential Information other than for the provision of the Services to the University;

(b) disclose or in any way communicate to any other person all or any of the Confidential Information except as permitted by clause 14.4;

(c) permit persons other than authorised employees and the authorised subcontractors to have access to the places where Confidential Information is reproduced or stored; or

(d) make or assist any person to make any unauthorised use or disclosure of Confidential Information, without prior written consent from the University.

14.3 The Contractor must:

(a) ensure that Confidential Information is secured and stored appropriately;

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(b) use its best efforts to ensure that any persons (whether authorised or not) gaining access to Confidential Information through an act or omission of the contractor shall not make any unauthorised use or disclosure of the Confidential Information;

(c) take all reasonable steps required by the University to enforce any obligation of confidence imposed or required to be imposed by this agreement;

(d) ensure that employees, agents, contractors and other persons under the control or direction of the Contractor, will be under and will comply with the obligations similar to the obligations imposed on the Contractor under this clause; and

(e) take all necessary steps to ensure that persons permitted to have access to the places where Confidential Information is reproduced or stored under clause 14.2(c), are not permitted access to the Confidential Information unless authorised to have such access by the University.

14.4 The Contractor may disclose Confidential Information to:

(a) its employees in the course of their employment or consultancy on a “need to know” basis for the purposes of providing the Services; or

(b) the Contractor’s legal advisers in relation to the Contractor’s rights under this agreement.

14.5 Nothing in this Contract prohibits the use or disclosure of any Confidential Information by the Contractor to the extent that the Contractor can establish to the University’s satisfaction that the information is:

(a) in the possession of the Contractor prior to its disclosure by the University; or

(b) developed or acquired by the Contractor independently of the disclosure by the University, otherwise than as a result of an unauthorised disclosure or a breach of confidence.

14.6 The Contractor acknowledges that the University will be entitled to equitable relief against the Contractor (in addition to any other rights available under this Contract or at law) if the Contractor breaches any provision of this Contract.

14.7 If the Contractor breaches or permits the breach of the confidentiality obligations contained in this Contract, the Contractor will indemnify the University for all damage caused by such breach.

14.8 Where any order, writ or other mandatory instrument is served on the Contractor or presented to the Contractor for access or surrender of any part of any document and appears on its face to be duly and properly created and executed, the Contractor shall be entitled to treat such order as having been validly created or executed. Further where any such order, writ or other mandatory instrument appears on its face to be binding upon the Contractor, the Contractor shall be entitled to comply with it. All reasonable costs of the Contractor of such compliance shall be borne by the University including any reasonable legal, accounting or other professional or non‐professional costs.

14.9 Upon being served or presented with any order, writ or other mandatory instrument referred to in clause 14.8 the Contractor shall immediately provide the University with notice of such instrument and a copy and will use its best endeavours to verbally inform the University of such instrument and in any event will use its best endeavours to notify the University prior to releasing the document the subject of the order, writ or other mandatory instrument so as to enable the University to challenge and/or restrain the disclosure of its Confidential Information.

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15. Dispute Resolution 15.1 If a dispute, controversy or claim arises between the University and the Contractor as to:

(a) the construction of this Contract; or

(b) the rights or obligations of a Party under this Contract; or

(c) any other matter arising out of or relating to this Contract,

the University and Contractor undertake in good faith to use all reasonable endeavours to settle the dispute.

15.2 The procedure to be followed to resolve a dispute over any part of this Contract is in the following order:

(a) initial negotiations between the Contractor’s Contract or Deputy Contract Manager and the University Commercial Services Manager or Nominee;

(b) negotiations between the Contractor’s Contract Manager and the University’s Commercial Services Manager;

(c) negotiations between the Contractor’s General Manager and the University’s Director Facilities Management; and

(d) negotiations between the Contractor’s Chief Executive Officer and the University’s Chief Operating Officer.

15.3 If no satisfactory resolution of the dispute is agreed to within fourteen days or such further period as the Authorised Officers agree, the University and the Contractor will, within a further seven days seek to agree on a process for resolving the whole or part of the dispute through means other than litigation or arbitration, such as further negotiations, mediation, conciliation, independent expert determination or mini‐trial.

16 Termination

16.1 Termination by University

The University may terminate this Contract immediately by notice in writing to the Contractor if the Contractor:

(a)breaches a warranty under clause 11;

(b)commits any other breach of this Contract that is incapable of being remedied;

(c) commits a breach of this Contract that is capable of being remedied, but which remains unremedied for seven days after the University has given notice of the breach; or

(d) suffers an Insolvency Event.

16.2 Change in service delivery model

The University also reserves the right to terminate this Contract by giving six months notice in writing to the Contractor if, at any time during the Contract Period, the University has decided to adopt a different model for the delivery of its Cash Collection Services at no penalty.

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17. Effect of Termination

17.1 Events upon termination

Upon termination, in addition to any other provisions of this Contract:

(a) The University is released from all its obligations under this Contract;

(b) The Contractor agrees to immediately cease to perform any of the Services unless requested otherwise by the University;

(c) The University agrees to pay the final invoice in accordance with the procedure set out in clause 3 noting that the Rates component is reduced on a pro‐rata basis such that it only relates to the Services performed from the date of the previous invoice to the date of termination;

(d) The Contractor agrees to pay any amounts owing to the University including but not limited by way of any indemnity given under this Contract; and

(e) The Contractor agrees to immediately return to the University all equipment used or hired from the University in good working order.

17.1.1 The University will not be liable for any costs incurred by the Contractor as a result of terminating the Contract under clause 16.

17.1.2 Termination of this Contract shall be without prejudice to any rights, which shall have accrued due to either Party prior to the date of such termination.

18. Notices 18.1 Any notice, instruction, order, demand, request, approval, consent or other communication in

connection with this agreement:

(a) may be given by the University’s Director and Deputy Director Facilities Management, Commercial Services Manager or nominee or the Contractor’s Contract or Deputy Contract Manager or by an Authorised Officer of the relevant party;

(b) must be in writing in the English language;

(c) must be marked for the attention of the person identified in paragraph (d); and

(d) must be left at the address of the addressee, or sent by prepaid ordinary post (airmail if posted to a place outside the country in which it is posted) to the address of the addressee or sent by facsimile to the facsimile number of the addressee in Australia which is specified in this clause or if the addressee notifies another address or facsimile number in Australia then to that address or facsimile number.

The address and facsimile number of each Party is:

For the University

Attention: Mr Michael Elias and or Nominee

Title: Manager: Commercial Services and or Nominee

Address: Level 2, 101 Currie Street Adelaide SA 5000

Telephone: 08 8302 1398 / 0423 846 901

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Facsimile: 08 8302 2542

For the Contractor

Attention:

Address:

Telephone:

Facsimile:

(e) may be delivered in writing personally to the Contractor’s authorised Contract or Deputy Contract Manager;

18.2 Unless a later time is specified in it, a notice, approval, consent or other communication takes effect from the time it is received.

18.3 A letter or facsimile is taken to be received:

(a) In the case of a posted letter, on the third (seventh, if posted to a place outside the country in which it is posted) day after posting; and

(b) In the case of facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient notified for the purpose of this clause.

19. Governing law, jurisdiction and service of process 19.1 This Contract is governed by the law in force in South Australia.

19.2 Each Party irrevocably and unconditionally submits to the non‐exclusive jurisdiction of the courts of South Australia and courts of appeal from them. Each Party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

19.3 Without preventing any other mode of service, any document in an action (including, without limitation, any writ of summons or other originating process or any third or other Party notice) may be served on any Party by being delivered to or left for that Party at its address for service of notices under clause 18.

19A. Force Majeure 19A.1 A “Force Majeure Event” affecting a Party means any event wholly outside that party's

reasonable control including, but not limited to, fire, storm, flood, earthquake, explosion, war, invasion or epidemic.

19A.2 To the extent that a Force Majeure Event affecting a Party prevents that party (“Affected Party”) partially or wholly performing any of its obligations (except its payment obligations) under this Contract (“Affected Obligations”) then:

(a) as soon as reasonably practicable after the Affected Party becomes aware that the Force Majeure Event has arisen, the Affected Party must notify the other Party in writing of:

(i) the Force Majeure Event;

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(ii) the Affected Obligations;

(iii) the extent to which the Force Majeure Event prevents the Affected Party from performing the Affected Obligations; and

(iv) the expected duration of the Affected Party being prevented from performing the Affected Obligations due to the Force Majeure Event;

(b) if the Affected Party has complied with paragraph (a) of this clause and has taken all reasonable steps to minimise the effects of the Force Majeure Event, the Affected Party’s obligation to perform the Affected Obligations to the extent that they are prevented from being performed by the Force Majeure Event, shall be suspended for the duration of the Force Majeure Event; and

(c) the other Party's obligations to perform any obligations dependent on the Affected Obligations will be suspended until the Affected Party resumes performance.

19A.3 Where the Affected Party is the Contractor, the amounts payable by the University under this Contract shall be reduced pro rata having regard to the Affected Obligations that the Contractor is prevented from performing by the Force Majeure Event.

19A.4 Notwithstanding anything in this clause 19A, where the Contractor is affected by a Force Majeure Event, the Contractor shall not be relieved of any of its obligations under the Contract to the extent that, having regard to the services for which it has been engaged, it would be reasonable to expect the Contractor to perform those services.

20. Assignment and sub‐contracting 20.1 The University is entitled to assign the benefit of this Contract or any part of it to a statutory or

other public body and shall give written notice of any such assignment to the Contractor.

20.2 The Contractor may not assign, sub‐contract or purport to assign or subcontract all or any part of this Contract to any person whatsoever unless the University has given its express approval in writing.

21. Change in Control 21.1 Where the Contractor is a body corporate and there is a change in the persons having

ownership or Control of the Contractor, the Contractor shall notify the Director of Facilities Management of the University as soon as practicable.

21.2 Where a change in ownership or Control of the Contractor occurs the University reserves the right to terminate this Contract or renegotiate any or all clauses in this Contract.

22. Agency

22.1 No agency

The Contractor is not and shall in no circumstances hold itself out as being the servant or agent of the University.

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22.2 No authority

The Contractor is not and shall in no circumstances hold itself out as being authorised to enter into any Contract on behalf of the University, or in any other way to bind the University to the performance, variation, release or discharge of any obligations.

22.3 No power

The Contractor has not and shall in no circumstances hold itself out as having the power to make, vary, discharge or waive any by‐law or regulation of any kind.

22.4 Employees are not agents

The employees of the Contractor are not, and the Contractor shall procure that they shall not hold themselves out to be and shall not be held out by the Contractor as being servants or agents of the University for any purposes whatsoever.

23. Entire agreement This Contract constitutes the entire agreement of the Parties in relation to the provision of Cash Collection Servicesand supersedes all previous agreements, understandings and negotiations on that subject matter.

24. Australian standards Where an appropriate Australian Standard or Code of Practice is current, all goods and methods used shall be in accordance with that Standard or Code of Practice.

25. Observance of statutory requirements

25.1 Compliance

The Contractor agrees to comply, and will require its employees to comply, in all respects with all statutory provisions to be observed and performed in connection with the provision of Parking Expiation and Permit Management Services.

25.2 Materials

The Contractor will ensure that the materials used in connection with the Services comply with all relevant health and safety legislation.

25.3 Electrical equipment

The Contractor will at all times ensure that all equipment complies with all relevant health and safety legislation.

25.4 Smoke free environment

The University has a Smoke Free Policy for all of its campuses and the Contractor shall ensure all contractor employed staff comply with the policy whilst on site.

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25.5 Sexual harassment

The Contractor shall ensure that all contractor employed staff conform to the University’s Code of Conduct relating to Sexual Harassment.

27. Miscellaneous

27.1 Discretion in Exercising Rights

A Party may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this Contract expressly states otherwise.

27.2 Partial Exercising of Rights

If a Party does not exercise a right or remedy fully or at a given time, the Party may still exercise it later.

27.3 No Liability for Loss

A Party is not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this agreement.

27.4 Approvals and Consents

By giving its approval or consent a Party does not make or give any warranty or representation as to any circumstance relating to the subject matter of the consent or approval.

27.5 Remedies Cumulative

The rights and remedies provided in this Contract are in addition to other rights and remedies given by law independently of this agreement.

27.6 Variation and Waiver

A provision of this Contract or a right created under it, may not be waived or varied except in writing, signed by the Party or Parties to be bound.

27.7 Further Steps

Each Party agrees to do anything the other Party asks (such as obtaining consents, signing and producing documents and getting documents completed and signed): to bind the Party and its successors under this Contract; to give effect to the intentions of the Parties and the objectives of this Contract and the transactions contemplated by it including, without limitation, negotiating in good faith with respect to any matters requested by any of the Parties to this agreement, and by the execution and delivery of documents and other instruments; and to use its best endeavours to cause relevant third parties to do likewise to bind every party intended to be bound under this Contract.

27.8 Publicity

A Party may not make press or other announcements or releases relating to this Contract and the transactions the subject of this Contract without the approval of the other Party to the form and manner of the announcement or release unless and to the extent that the announcement or release is required to be made by the Party by law or by a stock exchange.

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27.9 Construction

No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of, or seeks to rely on, this Contract or any part of it.

27.10 Costs

The Parties agree to pay their own legal and other costs and expenses in connection with the preparation execution and completion of this Contract and other related documentation except for stamp duty.

27.11 Supervening legislation

Any present or future legislation which operates to vary the obligations of a Party in connection with this Contract with the result that another party’s rights, powers or remedies are adversely affected (including, by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

27.12 Counterparts

This Contract may consist of a number of copies, each signed by one or more Parties to the agreement. If so, the signed copies are treated as making up the one document.

27.13 Severability

If at any time any provision of this Contract is or becomes illegal, invalid or unenforceable in any respect it will be severed. The legality, validity or enforceability of the remaining provisions of this Contract shall not in any way be affected or impaired as a consequence. This clause has no effect if the severance alters the basic nature of this Contract or is contrary to public policy.

27.14 Third Party Declaration.

The Contractor shall declare to the University of South Australia all former University of South Australia employees, whether directly employed by the University or employed through a contract or who have provided services to the University, employed by the Contractor. The Contractor shall also declare their intention as to whether any of the former employees or contractors will be engaged. The University of South Australia reserves the right to control the engagement of former University of South Australia employees and contractors as defined in Clause 10.6.

28. Interpretation The following words have these meanings in this Contract unless the contrary intention appears.

28.1 Definitions

Approved Insurers means an Australian registered insurance company which is approved by the Australian Prudential Regulatory Authority (APRA) to conduct general insurance in Australia or Lloyds Underwriters or any non‐Australian registered insurance company approved in writing by the University.

Authorised Officer means a person appointed by the Contractor or by the University to act as an Authorised Officer for the purposes of this Contract.

Cash Collection Services means the services described in Schedule 1.

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Commencement Date means the date of Contract execution or as nominated by UniSA.

Confidential Information means Information in any form disclosed to the Contractor by the University, or otherwise obtained by the Contractor from the University under or in connection with this Contract, other than Information which:

(a) is trivial in character; or

(b) is generally available in the public domain, other than as a result of an unauthorised disclosure or breach of confidence on the part of the contractor or its employees, agents or contractors.

Contract means this Contract.

Contract Manager means the person appointed as Contract Manager by the Contractor with the role and responsibilities detailed in clause 8.

Contract Period means the period for which this Contract remains in force according to its provisions.

Contract Year means a 12‐month period commencing either on the Commencement Date, or an anniversary of that date.

Contractor Staff / Employee means an employee of the Contractor who is providing Services on the University’s campuses.

Control means, in relation to a corporation to have the power directly or indirectly to:

(a) direct the management or policies of the corporation; or

(b) control the membership of the board of directors, whether or not the power has statutory, legal or equitable force or is based on statutory, legal or equitable rights, and whether or not it arises by means of trusts, agreements, arrangements, understandings, practices, the ownership of any interest in shares or stock of that corporation or otherwise.

Deputy Contract Manager means the person appointed in accordance with clause 8.

GST means a goods and services tax or any similar tax imposed in Australia.

Information means information or know how pertaining to, or in the possession or control of the University including, but not limited to information concerning its intellectual property, technology and affairs, including but not limited to:

(a) research and development and intellectual property‐related information;

(b) University staff, student and employee information; and

(c) other technical and historical information.

Insolvency Event means any of the following events occurring to a Party:

(a) that Party disposes of the whole or any substantial part of its assets, operations or business other than in the normal course of business (other than in the case of a solvent reconstruction or reorganisation);

(b) any step is taken to enter into any arrangement between that Party and its creditors (other than in the case of a solvent reconstruction or reorganisation);

that Party ceases to be able to pay its debts as they become due;

that Party ceases to carry on business;

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any step is taken by a mortgagee to enter into possession or dispose of the whole or any part of that Party's assets or business; or

any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of that Party's assets or business.

KPIs means the key performance Indicators specified in Schedule 3.

month shall mean calendar month.

Nominee shall mean a person nominated by the University.

A premise mean University Premises and include but is not limited to common areas under the control of the University where the Services are to be carried out as detailed in Schedule 1.

Rates has the meaning defined in clause 4.

Tender means the offer to provide Parking Expiation Management Services submitted by the Contractor.

University means the University of South Australia.

28.2 In this Contract unless the contrary intention appears:

(a) A reference to this Contract or another instrument includes any variation or replacement of any of them;

(b) A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‐enactments or replacements of any of them;

(c) The singular includes the plural and vice versa;

(d) The word “person” includes a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency;

(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;

(f) If a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;

(g) A reference to a “day” is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(h) A reference to a “week” is to be interpreted as a period of 7 consecutive days;

(i) A reference to a clause is a reference to a clause of this Contract unless expressly stated otherwise;

(j) A reference to a schedule is a reference to a schedule of this Contract unless expressly stated otherwise;

(k) The verb “include” (in all its parts, tenses and variants) is not used as, nor is it to be interpreted as, a word of limitation; and

(l) The words “including”, “for example” or “such as” do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

(m) If an act prescribed under this Contract to be done by a Party on or by a given day is done after 5.30pm on that day, it is taken to be done on the next day;

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28.3 Headings are inserted for convenience and do not affect the interpretation of this Contract.

28.4 If a provision of this Contract is inconsistent with a provision of the Tender, or any other Contract between the parties, the provisions in this Contract prevail.

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Schedule 1 Scope of Services.

General Requirements

Description of Services

Cash Collection, Cash Processing, Change Supply and Cheque Banking Services

Collection Address(s)

Adelaide – City West Campus ‐ http://www.unisa.edu.au/about/campuses/cwmap.asp

Collection Point – Yungondi Building, Campus Central, Y1‐66 ‐ http://www.unisa.edu.au/facilities/capital/buildingrecords/cwe_pdfs/a701pl01.pdf

Adelaide – City East Campus ‐ http://www.unisa.edu.au/about/campuses/cemap.asp

Collection Point – Playford Building, Campus Central, P3‐12, ‐ http://www.unisa.edu.au/facilities/capital/buildingrecords/cea_pdfs/a103pl03.pdf

Magill Campus ‐ http://www.unisa.edu.au/about/campuses/magillmap.asp

1) Collection Point – Building B, Campus Central, B1‐66 ‐ http://www.unisa.edu.au/facilities/capital/buildingrecords/mag_pdfs/a302pl01.pdf

2) Collection Point Magill Pay and Display meters ‐ http://www.unisa.edu.au/facilities/parking/ticketmachine.pdf

Mawson Lakes Campus ‐ http://www.unisa.edu.au/about/campuses/mlmap.asp

1) Collection Point – Building A, Campus Central, A1‐06 – http://www.unisa.edu.au/facilities/capital/buildingrecords/ml_pdfs/a501pl01.pdf

2) Collection Point Mawson Lakes Pay and Display meters ‐ http://www.unisa.edu.au/facilities/parking/MLKTicketMchLoc.pdf

Timing of Collections/Deliveries

Weekly or as agreed with the client

Customer’s Authorised Collection Personnel

Campus Operations Coordinator

,,

http://www.unisa.edu.au/about/campuses/cwmap.asp

http://www.unisa.edu.au/facilities/capital/buildingrecords/cwe_pdfs/a701pl01.pdf

http://www.unisa.edu.au/about/campuses/cemap.asp

http://www.unisa.edu.au/facilities/capital/buildingrecords/cea_pdfs/a103pl03.pdf

http://www.unisa.edu.au/about/campuses/magillmap.asp

http://www.unisa.edu.au/facilities/capital/buildingrecords/mag_pdfs/a302pl01.pdf

http://www.unisa.edu.au/facilities/parking/ticketmachine.pdf

http://www.unisa.edu.au/about/campuses/mlmap.asp

http://www.unisa.edu.au/facilities/capital/buildingrecords/ml_pdfs/a501pl01.pdf

http://www.unisa.edu.au/facilities/parking/MLKTicketMchLoc.pdf


UniSA Staff will prepare cash in accordance with the Service Provider’s Cash Presentation Guidelines.

Autoloaders & Banking (Armoured vehicle) The Service Provider to collect bags of cash and coin from the various collection points and have the cash transported off campus for processing. Settlement will be effected by means of an EFT transaction into the UniSA nominated bank account the next business day following cash collection. In‐conjunction with the cash collection, The Service Provider will collect the general banking in a sealed Express Deposit Envelope that will be deposited directly to a bank branch of the NAB (or other institution as directed by UniSA from time to time) same day of collection. Pay & Display Parking Meters (Soft Skin Vehicle) The Service Provider is to clear the Pay and Display Parking Meters at Magill and Mawson Lakes Campuses. Cash will be transported by the Service Provider off campus for processing. Settlement will be effected by means of an EFT transaction into the UniSA nominated bank account the next business day following cash collection. Cash Delivery Service Obligations The Service Provider will provide bulk change supply services for predetermined amounts (if required) as specified by the University Of South Australia. Bulk Change when delivered will have Docket attached, listing supply totals and the breakdown of denominations. Upon delivery, the nominated University of South Australia representative will verify the amounts delivered and sign the delivery docket. The representative will be issued with a duplicate copy of the delivery docket by the Service Provider.

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Schedule 2 Rates (Excluding GST)

Cash Collection, Cash Supply & Banking Services

Year 1 Year 2 Year 3

Service Fee $ per service

Service Fee (Unscheduled Collection) $ per service Cash Processing & Handling Fee $ per $100 or

part thereof

Bag / Item Fee $ per bag/item

Cash Supply Fee (if required) Cents per $100 or part thereof

Float Fee cents per float

Cheque Banking Service $ per bank lodgement (Express Deposit)

Coin Collection from Pay & Display Parking Meters at Magill and Mawson Lakes Campuses Service Fee $ per service

Item Fee $ per meter

(note: there are 24 meters at Mawson Lakes and 12 meters at Magill campus).

Year 4 and 5 to be negotiated between UniSA and Contractor at renewal. (Renewal to be at the absolute discretion of UniSA)

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Schedule 3 (Indicative) Key Performance Indicators (to be finalised at contact negotiation) Key Performance Indicators (KPI’s)

Note: KPI Scoring: partial compliance = 0, full compliance = 1

• On time arrival for Cash collections • Commercial Business Deposits (Express Deposits) made within agreed timeframe post collection

from campus • Timely and accurate reconciliation \ reporting • Cash Processing, count and verification ‐ accuracy\Error Rate • Resolution of discrepancies\search for missing items…. Response Within Time Frame

Key Performance Indicators

Obligation to meet

The Contractor must meet the KPIs:

(a) each year.

The Contractor and the University agree to meet annually to discuss the Contractors performance against the KPI's. At the end of each year the University will make the KPI Calculation in accordance with the method set out above.

Failure to meet KPI

If the Contractor has achieved less than 80% compliance during the year, the University will be entitled, in addition to other right or remedy available at law pursuant to this Contract, to a reduction of 10% in the amount payable under this Contract for the subsequent month and the Contractor will be obliged, on request made by the University to refund the amount of any overpayment having been made by the University as a result.

If the Contractor has achieved less than 80% compliance during any given Contract Year, the University will be entitled, in addition to other right or remedy available at law pursuant to this Contract, to a reduction of 10% of the amount payable under this Contract for the first month of the next Contract Year, and the Contractor will be obliged, on request made by the University to refund the amount of any overpayment having been made by the University as a result

If the Contractor achieves less than 90% approval rating in an annual customer satisfaction survey (refer below) of key stakeholders or less than 80% KPI annual compliance (the monthly points aggregated for the whole of the contract year) the University will be entitled, in addition to any other right or remedy available at law, to a reduction of 10% of the amount payable under this Contract for the first month of the next Contract Year, and the Contractor will be obliged, on request made by the University, to refund the amount of any overpayment having been made by the University as a result

Annual Customer Satisfaction Survey

The University will conduct an annual customer satisfaction survey of key stakeholders to measure the performance and quality of service delivered by the Contractor, pursuant to Schedule 1 Scope of Services

Execution Page SIGNED at Adelaide on the .............. day of ................................................. 2011 .................................................................. Chief Operating Officer – Paul John Beard with the authority of and for and on behalf of the University of South Australia in the presence of: .................................................................. Signature of witness .................................................................. Name of witness (block letters) By executing this agreement the signatory warrants that the signatory is duly authorised to execute this agreement on behalf of the University of South Australia EXECUTED by [INSERT CONTRACTOR’S NAME] in accordance with section 127(1) of the Corporations Law by authority of its directors in the presence of: ................................................................. Signature of witness ................................................................. Name of witness (block letters) ................................................................. Signature of director ................................................................. Name of director (block letters) ................................................................. Signature of director/company secretary* *delete whichever is not applicable ................................................................. Name of director/company secretary*(block letters) *delete whichever is not applicable SIGNED at Adelaide on the .............. day of ................................................. 2011

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Part D ‐ Scope of Service Description of Services

Cash Collection, Cash Processing, Change Supply and Cheque Banking Services

Collection Address(s)

Adelaide – City West Campus ‐ http://www.unisa.edu.au/about/campuses/cwmap.asp

Collection Point – Yungondi Building, Campus Central, Y1‐66 ‐ http://www.unisa.edu.au/facilities/capital/buildingrecords/cwe_pdfs/a701pl01.pdf

Adelaide – City East Campus ‐ http://www.unisa.edu.au/about/campuses/cemap.asp

Collection Point – Playford Building, Campus Central, P3‐12, ‐ http://www.unisa.edu.au/facilities/capital/buildingrecords/cea_pdfs/a103pl03.pdf

Magill Campus ‐ http://www.unisa.edu.au/about/campuses/magillmap.asp

3) Collection Point – Building B, Campus Central, B1‐66 ‐ http://www.unisa.edu.au/facilities/capital/buildingrecords/mag_pdfs/a302pl01.pdf

4) Collection Point Magill Pay and Display meters ‐ http://www.unisa.edu.au/facilities/parking/ticketmachine.pdf

Mawson Lakes Campus ‐ http://www.unisa.edu.au/about/campuses/mlmap.asp

3) Collection Point – Building A, Campus Central, A1‐06 – http://www.unisa.edu.au/facilities/capital/buildingrecords/ml_pdfs/a501pl01.pdf

4) Collection Point Mawson Lakes Pay and Display meters ‐ http://www.unisa.edu.au/facilities/parking/MLKTicketMchLoc.pdf

Timing of Collections/Deliveries

Weekly or as agreed with the client

Customer’s Authorised Collection Personnel

Campus Operations Coordinator

,,

http://www.unisa.edu.au/about/campuses/cwmap.asp

http://www.unisa.edu.au/facilities/capital/buildingrecords/cwe_pdfs/a701pl01.pdf

http://www.unisa.edu.au/about/campuses/cemap.asp

http://www.unisa.edu.au/facilities/capital/buildingrecords/cea_pdfs/a103pl03.pdf

http://www.unisa.edu.au/about/campuses/magillmap.asp



http://www.unisa.edu.au/facilities/parking/ticketmachine.pdf

http://www.unisa.edu.au/about/campuses/mlmap.asp



http://www.unisa.edu.au/facilities/parking/MLKTicketMchLoc.pdf

UniSA Staff will prepare cash in accordance with the Service Provider’s Cash Presentation Guidelines.

Autoloaders & Banking (Armoured vehicle) The Service Provider to collect bags of cash and coin from the various collection points and have the cash transported off campus for processing. Settlement will be effected by means of an EFT transaction into the UniSA nominated bank account the next business day following cash collection. In‐conjunction with the cash collection, The Service Provider will collect the general banking in a sealed Express Deposit Envelope that will be deposited directly to a bank branch of the NAB (or other institution as directed by UniSA from time to time) same day of collection. Pay & Display Parking Meters (Soft Skin Vehicle) The Service Provider is to clear the Pay and Display Parking Meters at Magill and Mawson Lakes Campuses. Cash will be transported by the Service Provider off campus for processing. Settlement will be effected by means of an EFT transaction into the UniSA nominated bank account the next business day following cash collection. Cash Delivery Service Obligations The Service Provider will provide bulk change supply services for predetermined amounts (if required) as specified by the University Of South Australia. Bulk Change when delivered will have Docket attached, listing supply totals and the breakdown of denominations. Upon delivery, the nominated University of South Australia representative will verify the amounts delivered and sign the delivery docket. The representative will be issued with a duplicate copy of the delivery docket by the Service Provider.

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Part E ‐ Tender Form

To: The University of South Australia C/‐ Level 1, 101 Currie Street, Adelaide SA 5000 (Please complete company details ‐ name and address of company and contact person) ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ACN ………………………… ABN…………………………. with its registered office situated at ……………………………. ………………………………………………………………………………………………………………………………………………………………………………………………………………

1. OFFERS to provide for the provision of Cash Collection Services to the University of South Australia as set out in Part D and otherwise in accordance with the terms, conditions and requirements contained in the Tender Documents as amended or clarified by Addenda numbered [ ] inclusive.

2. ACKNOWLEDGES that:

a. The University does not guarantee the correctness of any information provided prior to submission of this tender;

b. The University does not guarantee that the information provided is adequate for the purpose of this Tender;

c. the Tenderer makes this tender based on its own investigations and determination;

d. a Tenderer who lodges a Tender which is unsuccessful is not entitled to any redress against the University, and the University's decision in awarding the Tender will be final;

e. to the extent permitted by law, the Tenderer will not have any redress against the University as a result of the University exercising any, or all, of its rights in relation to this Invitation to Tender

f. all information contained in this Tender is accurate; and

g. all intellectual property rights, including copyright, in the documents supplied by or on behalf of the University, are the property of The University and must not be used for purposes other than the preparation of this Tender; and

3. DELIVERS with this Tender in accordance with the Conditions of Tender 6 copies of:

a. the Tender Form; and

b. each of the Tender Schedules,

Appropriately completed.

SIGNED THIS day of 2011

If Tenderer is a company with more than one director, sign below

Executed by

←

←

Signature of director

Signature of director/company secretary (Please delete as applicable)

Name of director (print) Name of director/company secretary (print)

If Tenderer is a company with one director only, sign below

Executed by

←

Signature of sole director and sole company secretary

who states that he or she is the sold director and the sole company secretary of the company.

Name of sole director and sole company secretary (print)

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Part F ‐ Tender Schedule

1. Provide evidence of all relevant licences, memberships and accreditations applicable for the provision of service as described in PART D.

2. Provide evidence of all insurances – Public Liability $20m & Professional Indemnity $10m (please also include a copy of your “Cash in Transit” insurance)

3. Recent Higher Education Experience in delivering the services outlined in the Scope PART D above

4. What is your locational profile in South Australia 5. Provide contact names and numbers of 3 referees that can be contacted by UniSA to verify your

experience and capabilities 6. Provide a comprehensive and detailed Implementation Plan 7. Provide your organisational structure – including details of personnel who will be responsible for

the delivery of the services as described in PART D above 8. Details of OHSW Management Plan & record 9. Details of Quality Management Systems and Risk Management Systems 10. Audited financial statements – last 3 years 11. Pricing – please provide pricing for each of the items listed below for years 1 to 3.

Cash Collection, Cash Supply & Banking Services (Armoured Vehicle)

Year 1 Year 2 Year 3

Service Fee $ per service

Service Fee (Unscheduled Collection) $ per service Cash Processing & Handling Fee $ per $100 or

part thereof

Bag / Item Fee $ per bag/item

Cash Supply Fee (if required) Cents per $100 or part thereof

Float Fee cents per float

Cheque Banking Service $ per bank lodgement (Express Deposit)

Coin Collection from Pay & Display Parking Meters at Magill and Mawson Lakes Campuses (Soft Skin Vehicle) Service Fee $ per service

Item Fee $ per meter

(note: there are 24 meters at Mawson Lakes and 12 meters at Magill campus).

Year 4 and 5 to be negotiated between UniSA and Contractor at renewal. (Renewal to be at the absolute discretion of UniSA)