Village of Buffalo Grove
Electronic Credit Card
Payment Services
Proposal and Contract Documents
Prepared by Finance Department 7/21/2014
1
T
ABLE OF
C
ONTENTS
REQUEST FOR PROPOSAL ... 2
INSTRUCTIONS TO PROPOSERS ... 4
PUBLIC CONTRACT STATEMENTS ... 5
SCHEDULE OF PRICES ... 6
PROPOSAL SPECIFICATIONS ... 9
GENERAL CONDITIONS OF THE CONTRACT ... 12
CONTRACT ... 14
2
REQUEST
FOR
PROPOSAL
Electronic Credit Card Payment Services
RECEIPT OF PROPOSALS
Sealed Proposals for the Village of Buffalo Grove Electronic Credit Card Payment Services are invited and will be received by the Village of Buffalo Grove (hereinafter referred to as “Village”) at 50 Raupp Boulevard (Office of the Village Clerk), Buffalo Grove, Illinois 60089 on or before, but not later than 10:00 A.M. Local Time on Monday, August 25, 2014. Proposals will not be publically opened and read aloud. Each Proposer shall be required to submit one original and two copies of their respective Proposal in a sealed envelope or box. Sealed envelopes or packages containing Proposals shall be marked or endorsed:
Proposal for Village of Buffalo Grove, Illinois Electronic Credit Card Payment Services
GENERAL DESCRIPTION OF WORK
The Village of Buffalo Grove is looking for a provider of electronic credit card payment services.
For information on how to receive a copy of the Proposal Package contact the Office of the Village Clerk at: 847-459-2500 or visit the Village website at www.vbg.org
3 HOLDING OF PROPOSALS
No Proposal shall be withdrawn after Monday, August 25, 2014 at 10:00 AM without the consent of the Village, for a period of sixty (60) days.
QUALIFICATION OF PROPOSERS
It is the intention of the Village to award a contract only to the Proposer who furnishes satisfactory evidence that they have the requisite qualifications and ability and that they have sufficient capital and facilities to enable them to complete the work successfully and promptly, and to complete the work within the time named in the Contract Documents.
The Village may make such investigations as it deems necessary to determine the qualifications and ability of the Proposers to perform the work, and the Proposers shall furnish to the Village all the information and data for this purpose as the Village may request. The Village reserves the right to reject any and all Proposals if the evidence submitted by, or investigation of such Proposer fails to satisfy the Village that such Proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional Proposals will not be accepted.
PROPOSAL QUESTIONS
All comments or concerns regarding this Proposal shall be addressed to the Village of Buffalo Grove Purchasing Manager via email at [email protected]. All such e-mails must contain “Electronic Credit Card Payment Services” in the subject line of the e-mail. This will allow for responses to go to all Proposers in the event that the question has a pertinent relevance to all those involved. All such questions must be received no later than seven (7) days before the Proposals are due.
If the Proposer selects not to bid on this project after receiving the Proposal and Contract documents the Village requests that the Proposer submit a “No Bid” with a reason for choosing not to bid to the Village of Buffalo Grove Purchasing Manager via email at [email protected]
AWARD OF CONTRACT
The Village reserves the right to award a contract which in its judgment is in the best interest of the Village. The Village reserves the right to select which Items listed in the Schedule of Prices shall be included in the contract, including the right to accept or reject any or all proposals, or any part thereof; waive any minor defects, irregularities; and to decide not to award any contract.
4
INSTRUCTIONS
TO
PROPOSERS
1. Proposal to be made on Schedule of Prices form which is included in the Contract Documents. 2. Public Contract Statements must be signed, notarized and submitted with the Proposal documents.
3. Proposer is to provide a detail of the Proposer’s experience in performing electronic credit card payment services.
4. Proposer shall provide with the proposal a minimum of three (3) references from government agencies that are located in Illinois.
5. Proposer shall submit a description of how they expect to address items listed in the Proposal Specifications
6. The Village reserves the right to award a contract which in its judgment is in the best interest of the Village. The Village reserves the right to select which Items listed in the Schedule of Prices shall be included in the contract, including the right to accept or reject any or all bids, or any part thereof; waive any minor defects, irregularities; and to decide not to award any contract.
7. Each Proposer shall submit with its Proposal a statement of the address of it’s permanent place of business.
8. Any Proposer may be required by the Village to submit additional data to satisfy the Village that such Proposer is prepared to fulfill the Contract, if it is awarded to them.
9. Proposers shall inform themselves of all the conditions under which the work is to be performed. 10. Proposers shall provide all information and complete signature block on page 8
11. The Proposer to whom a contract is awarded will not be allowed any extra compensation by reason of any matters or things concerning which the Contractor did not inform itself prior to submitting it’s proposal. The successful Proposer must employ, so far as possible, such methods and means in the carrying out of this work as will not cause any interruption or interference with any other Contractor.
5
VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS
The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized.
PUBLIC
CONTRACT
STATEMENTS
CERTIFICATION OF CONTRACTOR/PROPOSERS
In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be acknowledged:
The below-signed Proposers/contractor hereby certifies that it is not barred from Bidding or supplying any goods, services or construction let by the Village of Buffalo Grove with or without Bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference with public contracting, Bid rigging and rotating, kickbacks, and Biding.
CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1.1
In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1, the Village of Buffalo Grove requires the following certification: The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid to it under the contract.
CONFLICT OF INTEREST
The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village:
The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this (Proposal or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his/her Assistant or Assistants, or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is an officer or director of your business entity or owns five percent (5%) or more thereof:
(Official)
Print Name of Contractor/Proposers/Supplier
Signature
Title
Subscribed and Sworn to before me this day of , 2014.
6
SCHEDULE
OF
PRICES
Electronic Credit Card Payment Services
TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS
FULL NAME OF PROPOSER: ________________________________
MAIN BUSINESS ADDRESS: _________________________________
_______________________________________________________
_____
PLACE OF BUSINESS: ______________________________________
The undersigned, declares that it has carefully examined the proposed work, the Contract Documents, and all other documents referred to or mentioned in the Contract Documents and it proposes and agrees, if this Proposal is accepted, that it will contract with the Village, in the form of the Contract attached, to complete the Work titled “Electronic Credit Card Payment Services”, and that it will take in full payment therefore the sums set forth in the following Schedule of Prices.
Each proposal should provide appropriate detailed line-item cost information for the full initial three (3) year term of the agreement. Credit Card Convenience Fees shall include a total of all fees in the form of a percentage surcharge. For example:
Service Rate
Visa 2.05%
Merchant Processing Fee: 0.25%
Total Convenience Fee 2.30%
SCHEDULE OF PRICES
Electronic Credit Card Payment Services
Service Rate
Visa, Master Card, Discover, and Debit Cards %
Merchant Processing Fee: %
Total Convenience Fee %
7 REFERENCE LISTING
Contact Name: ___________________________________________________________________________
Municipality: _________________________________________________________________
Dates Employed: ________________________________ to _____________________________________
Phone Number or E-mail address: _____________________________________________________
Contact Name: ___________________________________________________________________________
Municipality: _________________________________________________________________
Dates Employed: ________________________________ to _____________________________________
Phone Number or E-mail address: _____________________________________________________
Contact Name: ___________________________________________________________________________
Municipality: _________________________________________________________________
Dates Employed: ________________________________ to _____________________________________
Phone Number or E-mail address: _____________________________________________________
Contact Name: ___________________________________________________________________________
Municipality: _________________________________________________________________
Dates Employed: ________________________________ to _____________________________________
Phone Number or E-mail address: _____________________________________________________
8
SCHEDULE OF PRICES
Electronic Credit Card Payment Services
Signature Block Date Legal Entity (Sign here) By (Print Name) Phone E-mail9
VILLAGE OF BUFFALO GROVE
ELECTRONIC CREDIT CARD PAYMENT SERVICES
SPECIFICATIONS
I. The Village of Buffalo Grove Accounting Systems
The Village uses New World LOGOS software for our financial system. With this financial
management system we do Point of Sale (POS), and internet sales transactions. For compatibility specifications please contact New World Systems Public Sector. 888 West Big Beaver, Suite 600, Troy Michigan 48084-4749, 1-248-269-1000,
https://www.newworldsystems.com/About_Us/Contact_Us/
While at this time the Village does not seek Electronic Credit Card Payment Services for it’s Golf Course facilities, the Village may consider adding those locations in the future, based upon the
selected provider’s performance.
The Village uses Crescent systems POS software for our two Golf Club locations. For compatibility specifications please contact, Crescent Systems, Inc. 353 Bank Drive Suite 402McHenry, IL 60050, 1‐847‐573‐9011, [email protected].
II. Scope Of Services Required
The Village of Buffalo Grove is soliciting the services of merchant service companies to provide credit and debit card processing services in accordance with this request for proposal.
Processing Services
a. Contractor must facilitate the acceptance of VISA, MasterCard, Discover credit cards and all debit cards.
b. Contractor must facilitate the acceptance of the cards listed above at Point of Sales (POS) and internet sales transactions.
c. Contractor merchant processing services must be compatible with the Village’s two gateway processors New World Systems and Cresent systems POS System.
d. Contractor must provide a seamless transition in processing services upon implementation. Convenience Fee Handling
Contractor must provide to the Village only the total amount of fees, while excluding the Financial Institution’s authorized convenience fee.
The separation of convenience fee from payment includes all fees charged directly by a credit card association.
The Village also requires the ability to refund the convenience fee if the Village of Buffalo Grove Finance Director determines the payment was made in error.
10 Equipment
a. Contractor will be responsible for providing a single device for credit/debit card processing at Village Hall.
b. Contractor will be responsible for providing additional devices for the Village’s special events on a demand basis which will be returned to the Contractor once the event is over.
c. The Village intends to use its current hardware and software for processing purposes except for the device as described above.
d. Contractor must advise any recommendations for additional equipment other than what has been described above and must disclose the cost of the recommended equipment in proposal. e. All equipment provided by the Contractor per this document must be warranted for one year, 100% parts and labor, or for the manufacturer’s standard warranty, whichever is longer. f. Any and All ongoing device costs must be clearly stated in the proposal response. Batching and Batch Reporting
a. Contractor must perform daily auto batching between 2:00 am and 4:00 am Central Standard time.
b. Contractor must provide online access to batch reports within 2 days of transaction date. The online reporting software must be intuitive and user friendly. The Village may require a
demonstration of this product before making a decision. Financial Transactions between Village and Service Provider
a. Contractor must be capable of making electronic deposits into the Village’s specified financial institution account within two days of the transaction date.
b. Contractor must keep the collection of all processing fees separate from the revenue deposited into the Village’s account(s).
c. Contractor must clearly identify transmitting transaction batches with a word description of the merchant location (as opposed to a cryptic, alphanumeric merchant locator). For example, BG Finance would be an acceptable merchant locator.
This locator will appear on the Village’s bank statements if the processor properly encodes the transaction batches.
d. Contractor must clearly identify the collection of fees with a word description of the merchant location as described above.
e. Contractor must provide monthly statements that clearly distinguish fees from deposits; the statement deposit activity must match the actual deposit activity in the Village’s account(s). f. Contractor must provide monthly statements per merchant location that clearly discloses all fees incurred during processing in a logical format which can be understood by a competent person who is not in the merchant processing service industry.
11
Contract Term
a. The Village will enter into a three (3) year contract with two (2) possible one (1) year
extensions from the date of award. At the end of any contract term, The Village of Buffalo Grove reserves the right to extend this contract for a period of up to sixty (60) days for the purpose of securing a new contract.
b. The Village may cancel services with the contractor as set forth in Termination of the Contract, item 11 as listed in the General Conditions of the Contract, without incurring any termination fees.
12
GENERAL CONDITIONS OF THE CONTRACT
1. In the event that the Proposer to whom the services are awarded does not execute a contract within thirty (30) calendar days after Village Board approval, the Village may give notice to such Proposer of intent to award the contract to the next most qualified proposer or to call for new Proposals and may proceed to act accordingly.
2. The Village will not reimburse any Proposers for any costs involved in the preparation and submission of Proposals or in the preparation for and attendance at subsequent interviews.
3. Any information provided by the Village regarding the number of transactions per month are provided strictly as the Village’s best estimate of the average volume and the Village in no way guarantees these as minimum or maximum volumes.
4. Proposers shall thoroughly examine and be familiar with the specifications. The failure or omission of any Proposer to receive or examine this document shall in no way relieve any Proposer of obligations with respect to this Proposal or the subsequent contract.
5. Equal Employment Opportunity/Anti-Sexual Harassment Policy. During the term of the contract, the Proposer shall comply in all respects with the Equal Employment Opportunity Act/Illinois Human Rights Act. The Proposer shall have a written equal employment opportunity policy statement declaring that it does not discriminate on the basis of race, color, religion, sex, national origin, disability, or age. Findings of non-compliance with applicable state or federal equal employment opportunity laws and regulations may be sufficient reason for revocation or cancellation of the contract.
6. The Proposer shall comply with the provisions of the Illinois Drug Free Workplace Act and the Americans with Disabilities Act.
7. For purposes of indemnification requirements, the following terms shall have the meanings set forth below:
The “Proposer” means and includes the person or entity submitting a bid in response to this Request for Proposals, all of its employees, agents and assignees, and all of its affiliates and subsidiaries, its subcontractors and/or assignees and their respective servants, agents and employees; and
”Loss” means any and all loss, damage liability or expense of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney’s fees and the cost of defense). Indemnity. For purposes of this Agreement, Proposer hereby agrees to indemnify, defend and hold harmless the Village, its employees and agents from any and all “Loss” where “Loss” is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Proposer. It is agreed as a specific element of consideration of this Agreement that this indemnity shall apply notwithstanding the joint, concurring or contributory or comparative fault or negligence of the Village or any third party and, further notwithstanding any theory of law including, but not limited to, a characterization of the Village’s or any third party’s joint, concurring or contributory or comparative fault or negligence as either passive or active in nature; provided, however, that the Proposer’s obligation hereunder shall not include amounts attributable to the fault or negligence of the
13 Village. Nothing in this section shall be deemed to impose liability on the Proposer to indemnify the Village for loss when the Village’s negligence or other actionable fault is the sole cause of loss.
8. Jurisdiction, Venue, Choice of Law. The Request for Proposals, the submitted Proposal and any subsequent contract shall be governed by and construed according to the laws of the State of Illinois. Jurisdiction and venue shall be exclusively found in the Circuit Court of Cook County, State of Illinois. 9. Non-Enforcement by the Village. The Proposer shall not be excused from complying with any of the
requirements of the Request for Proposals, the submitted Proposal and any subsequent contract because of any failure on the part of the Village, on any one or more occasions, to insist on the Proposer's performance or to seek the Proposer’s compliance with anyone or more of said terms or conditions. 10. Insurance. Proposer shall maintain a financial institution bond, Form 24 or equivalent, with a limit of not
less than $3,000,000, banker’s professional liability in the amount of $2,000,000 per occurrence/annual aggregate and valuable paper coverage.
11. Termination, This Agreement may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under this Agreement through no fault of the terminating party; or the Village may terminate this Agreement, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party: (1) not less than ninety (90) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. If this Agreement is terminated by either party, the contractor shall be paid for services performed to the effective date of termination, including reimbursable expenses.
12. Automated Clearing House Payment, the Village prefers to pay all vendors via Automated Clearing House payments (ACH). ACH payments will be processed to checking and savings accounts. Appendix A. (ACH Authorization Form) should be completed to enable the Village to process your payment. In addition to the ACH Authorization form, a cancelled check or preprinted deposit slip with your account information will be required to complete the documentation needed and ensure the Village processes the payment properly. After the award of the contract forward the completed form to [email protected] or fax to 847-777-6045. Once payments have been approved and processed an email notification will be sent to the designated email account on your ACH authorization form indicating when the funds were transferred, the amount transferred, and the invoice number that pertains to the payment.
14
VILLAGE OF BUFFALO GROVE
CONTRACT
ELECTRONIC CREDIT CARD PAYMENT SERVICES
THIS CONTRACT, made this day of __________, 2014, by and between the VILLAGE OF BUFFALO GROVE (hereinafter called the “Village”) a Municipal Corporation acting through its President, and Board of Trustees, and The Company that is awarded the Proposal, hereinafter called the "Contractor."
W I T N E S S E T H
WHEREAS, the Village has heretofore solicited Proposals for all the work and services and for the doing of all things included within the hereinafter specified service, and the Village of Buffalo Grove did award the Contractor a contract for said services:
NOW THEREFORE, for and in consideration of their mutual promises, covenant undertaking and Contract, the parties hereto do hereby agree as follows:
ARTICLE I - WORK TO BE DONE BY THE CONTRACTOR
Contractor agrees, at its own cost and expense, to do all work and to furnish all the labor, materials, equipment and other property to do, construct, install, and complete all the works and services included, all in full accordance with and in compliance with and as required by the hereinafter specified Specifications and Contract Documents for said works and services, and to do, at its own cost and expense, all other things required of the Contractor by said Contract Documents.
15 ARTICLE II - CONTRACT DOCUMENTS
The Contract Documents herein mentioned include all of the Contract Documents, including but not limited to the following:
1. Village of Buffalo Grove Electronic Credit Card Payment Services Proposal and Contract Documents 2. The General Conditions of the Contract
3. The Contract, including Appendix A. ACH Payments 4. The Specifications
5. Public Contract Statements 6. Schedule of Prices
7. Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents
8. Any and all other documents or papers included or referred to in the foregoing documents all of which documents are on file in the Office of the Village Clerk, 50 Raupp Boulevard, Buffalo Grove, Illinois, all said documents being hereby incorporated herein and made a part herein by reference the same as if set forth herein.
ARTICLE III - CONTRACT AMOUNT
The Contractor agrees to receive and accept the unit price as set forth in the Schedule of Prices as full compensation for furnishing all materials and equipment and for doing all the work contemplated and embraced in the Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the Village, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Specifications and Contract Documents and the requirements of the Deputy Finance Director.
16 ARTICLE IV – CONFLICT BETWEEN COMPONENT PARTS OF CONTRACT
In the event that any provision in any of the following component parts of this Contract conflicts with any provision in any other of the following component parts, the provision in the component part which follows it numerically except as may be otherwise specifically stated applies. Said component parts are the following:
1. General Conditions of Contract
2. Proposal Documents and Specifications 3. Schedule of Prices
4. The Contract
This Contract is intended to conform in all respects to applicable statutes of the State in which the work is to be constructed, and if any part or provision of this Contract conflicts therewith, the said statute shall govern.
ARTICLE V
The Village agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove mentioned, according to the terms and conditions hereinabove contained or referred to, for the prices aforementioned, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Specifications and Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
17 ARTICLE VI – MISCELLANEOUS PROVISIONS
A. Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant thereto (including but not limited to those safety requirements involving work on elevated platforms), all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers’ Compensation Laws, Public Construction Bond Act, Prevailing Wage Laws, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, USA Security Act, federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission, EEOC, and the Village of Buffalo Grove.
B. Contractor agrees to furnish all documentation related to this Agreement and any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) (“FOIA”) request within five (5) days after Village issues notice of such request to Contractor. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney’s and witness fees, filing fees and any other expenses) for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Contractor’s, actual or alleged violation of the FOIA or Contractor’s failure to furnish all documentation related to a request within five (5) days after Village issues notice of a request.
Furthermore, should Contractor request that Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend any denial of a FOIA request by Contractor’s request to utilize a lawful exemption to the Village.
18
VILLAGE OF BUFFALO GROVE CONTRACT
Electronic Credit Card Payment Services
CONTRACTOR BY TITLE ATTEST: BY TITLE
19 VILLAGE MANAGER.
AUTHORIZATION FOR ACH DEPOSIT OF VENDOR PAYMENT
Please email, fax or mail completed & signed form along with a voided check or voided deposit slip (savings account)
to:
Email:
[email protected]
Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL.
60089
Payee/Vendor Name: __________________________________________________________
Address: ____________________________________________________________________
Contact Name: ________________________________________________________________
Contact Email (for ACH notification): ______________________________________________
Accounts Payable Department Phone 847-459-2510
Fax 847-777-6045
