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REQUEST FOR PROPOSALS

CREDIT CARD MERCHANT SERVICES

RFP 11-08

DUE DATE:

August 23, 2011 - 2:00 p.m.

CITY OF LEAGUE CITY

300 W Walker

League City, TX 77573

281-554-1001

www.leaguecity.com

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TERMS AND CONDITIONS

1. The City of League City will accept SEALED PROPOSALS Monday through Thursday, 8:00 a.m. – noon. and 1:00 p.m. – 5:00 p.m. and Friday 8:00 a.m. to noon. Proposals must be received by the PURCHASING DEPARTMENT before the specified hour and date of the opening. At that time proposals shall be opened and names publicly read.

2. All sealed offers should be submitted on the original forms provided. Each proposal must be sealed and should be placed in a properly identified envelope with RFP number, time and date of RFP opening. Proposals mailed via courier must be sealed in a separate envelope marked with RFP number.

3. Late proposals will be UNOPENED. Late proposals will not be considered under any circumstances.

4. Proposals CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by offeror or his authorized agent. No proposal may be withdrawn after opening without approval, and based on a written acceptable reason.

5. The City of League City reserves the right to revise or amend the specifications prior to date set for opening proposals. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective offerors. If offeror demonstrates just reason for a change, the City of League City must have at least five working days notice prior to proposal opening date.

6. Should offeror find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning, offeror should at once notify the Purchasing Department and obtain clarification prior to submitting a proposal.

7. Proposal shall be valid for ninety (90) days from opening date.

8. The City of League City is exempt from taxes. DO NOT INCLUDE TAX IN PROPOSAL. 9. The City of League City reserves the right to terminate this contract for any reason by notifying

the Contractor/Supplier in writing thirty (30) days prior to the termination of this agreement. In the event the City terminates the awarded contract for breach or any other reason, the Proposer shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the successful Proposer or otherwise, and the City may withhold any payments to successful Proposer for the purpose of an offset until such time as the amount of damages due the City from the successful Proposer can be determined.

10. Offeror MUST give full firm name and address. Person signing proposal should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on each page where space is provided.

11. All offerors must meet or exceed the minimum specifications to be considered as a valid proposal. The City of League City reserves the right to accept or reject all or any part of any

proposal, waive minor technicalities and award the proposal to the offeror who provides goods or services at the best value for the City of League City.

12. If a proposal contains proprietary information, the offerors must declare such information as

proprietary if Offeror does not want information to become public. 13. Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept

secret during the process of negotiation. 14. Purchase order number should be on original invoice and invoice sent to the City of League City,

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CITY OF LEAGUE CITY

RFP 11-08 CREDIT CARD MERCHANT SERVICES SPECIFICATIONS (MINIMUM):

INTENT: The City of League City seeks proposals from a qualified firms credit card merchant services. The purpose of these specifications is to describe the minimum and shall not be construed as such. This contract is intended for routine and continuous usage.

EVALUATION: Award of contract does not obligate the Buyer to order or accept more than Buyer’s actual requirements during the period of this agreement, as determined by actual needs and availability of appropriated funds. Contract may be awarded to the offeror who provides goods or services at the best value for the City of League City. The City of League City reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to best serve the interest of the City of League City.

NON-FUNDING CLAUSE: The City of League City’s budget is funded on an October 1st to September 30th fiscal year basis. Accordingly, the City of League City reserves the right to terminate this contract by giving Bidder written notice, without liability to the City, in the event that funding for this contract is discontinued or is no longer available.

INSURANCE REQUIREMENTS: OFFEROR SHALL INCLUDE CERTIFICATE OF INSURANCE WITH THE PROPOSAL, OR PRIOR TO AWARD OF THE PROPOSAL THE

COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS.

(a) Workers’ Compensation Insurance as required by laws and regulations applicable to and covering employees of Contract engaged in the performance of the work under this agreement; (b) Employer’s Liability Insurance

absence of statutory liability, for employee bodily injury arising out of the master-servant relationship with a limit of not less than

protecting contractor against common law liability, in the $1,000,000.

(c) Comprehensive General Liability Insurance limits of liability of not less than: Bodily Injury

including products/completed operation with $1,000,000 per each person, $1,000,000 per each occurrence/aggregate; Property Damage

$1,000,000 per each occurrence;

(d) Excess Liability Insurance Comprehensive general Liability, Comprehensive Automobile Liability and coverage’s afforded by the policies above, with the minimum limits of $1,000,000 excess of specified limits;

INDEMNITY AGREEMENT

THE CONTRACTOR HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT, THE FULFILLMENT OF CONTRACT, OR THE BREACH OF

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ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (I) THE JOINT NEGLIGENCE OF THE CITY AND THE CONTRACTOR, AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (II) THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF (I) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF THE CONTRACTOR OF THE INJURY, DEATH OR DAMAGE AND/OR (II) THE CONTRACTOR’S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (REVISED 9-15-04)

COMPLIANCE WITH LAWS: Offeror shall comply with all Federal and State laws and City Ordinances and Codes applicable to the Offeror’s operation under this contract. These Specifications and the contract resulting here from shall be fully governed by the laws of the State of Texas, and shall be fully performable in Galveston County, Texas, where venue for any proceeding arising hereunder will lie.

CONTRACT: The specifications included herein upon award shall become the legal and binding contract.

SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the

apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement.

ASSIGNMENT: The successful offeror may not assign, sell or otherwise transfer this contract without

prior written consent of the City Manager of the City of League City.

SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these

requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

CONTRACT TERMINATION: The City of League City reserves the right to terminate this contract

for any reason by notifying the contractor in writing thirty (30) days prior to the termination of this agreement.

RIGHT OF ASSURANCE: Whenever one (1) party to this contract in good faith has reason to question

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intent to perform. In the event that demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this contract.

INVOICE: Bidder shall include the Purchase Order number on the corresponding invoice. Invoice shall be mailed to:

CITY OF LEAGUE CITY

ATTN: ACCOUNTS RECEIVEABLE 300 WEST WALKER

LEAGUE CITY, TX 77573

Electronic invoices are accepted at: [email protected].

RFP DELIVERY: The City of League City Purchasing Department shall accept sealed proposals

Monday through Thursday, 8:00 a.m. - noon. and 1:00 p.m. - 5:00 p.m. and Friday 8:00 a.m. - noon. Proposals must be received by the Purchasing Department before the specified hour and date of the opening. Each proposal must be sealed and should be placed in a properly identified envelope with RFP number, time and date of opening.

Submit in person, by courier or by US Postal Service to: City of League City

Purchasing Office

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CITY OF LEAGUE CITY

RFP 11-08 CREDIT CARD MERCHANT SERVICES

INTRODUCTION

The City of League City (City) is seeking proposals from credit and debit card service providers

for credit card merchant services. The City currently accepts credit cards online- E-Commerce,

over the phone and in person. Proposals received should provide pricing for the cost of the

transaction process, equipment needs and software needs.

The City currently accepts credit cards for water bills, court fines and fees, recreation fees,

building permits, alarm fees, library fines and other general fund revenues.

PAYMENT BREAKDOWNS

For the transactions considered the City receives the approximate mix of monthly payments as

listed for each Department. The average transaction amount is $100.

Department

Transactions

Dollar Amount

Water Billing

Cash 540 $42,300

Checks 7797 $839,600 Credit Cards

Over the Counter 1914 $176,900 Web/E-Commerce 4167 $298,700

Municipal Court

Cash 468 $102,300

Credit Cards

Over the Counter 381 $59,300 Web/E-Commerce 200 $47,500

All Others (permits, rentals, alarm fees, pet adoptions)

Cash 266 $130,200

Checks 762 $1,223,000 Credit Cards

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REQUIREMENTS

Proposal should demonstrate specific available capabilities to fulfill the below requirements:

• At least five (5) years of experience in providing processing services

• At least five (5) public sector customers

• United States based

• Ability to provide an itemized statement of fees, detailing each interchange category as

well as the itemization of authorization and transaction fees.

• Ability to achieve and assist City staff with PCI Compliance.

• Ability to provide individual cash settlement reports for cashiers, please provide sample

reports.

The proposal should demonstrate specific available capabilities to fulfill the following

requirements:

a. Experience and demonstrated capability

b. The proposer’s past performances

c. The proposed equipment the City would need

d. The ability to interface electronically with the City’s finance software

e. The customer support that would be provided to the City.

f. The ability to provide strategies to reduce fees.

TECHNICAL REQUIREMENTS

Vendor must be able to integrate a payment gateway with the following existing receivables

software:

• Verifone VX570

• Sungard Government Now/Click 2 Gov

• Vermont Systems

• Tyler Technology

• Incode

• Cry wolf

• Library-self serve system

REPORTING CAPABILITIES

Submit samples of reports which would provide and describe their frequency and purpose.

FEES

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1. Provide the fee schedule that would apply to this account based on the information provided

under Payment Breakdown section. Identify any and all expenses fees and discounts related to:

a. Visa credit card

b. Master Card credit card

c. Visa Debit

d. Master Card debit

e. Visa Utility Program

f. MasterCard Utility Program

g. Discover

h. American Express

i. E-Check

2. Identify any expenses that are not covered through this fee structure and would be required to

implement the firm’s program.

REFERENCES

Proposers shall provide a list of a minimum of three (3) customers to whom offeror has supplied the

specified material, product, equipment, or service for the last three (3) years. Attachment I –

References is attached for offerors convenience and shall be returned with the proposal. The list

shall include the customer's name, address, telephone number, email and the name of an individual

to contact.

ADDITIONAL INFORMATION

Provide a sample or proposed agreement for services

EVALUATION OF PROPOSALS

The City will review and evaluate all proposals and will use the following criteria in the selection

process. The City may conduct interviews of the proposers at our discretion. Award shall be

made to the responsive, responsible offeror whose proposal is determined to be the most

advantageous to the City.

• 30 Experience of the firm in providing services to public sector

entities

• 25 Implementation and support of system

• 25 Fees

• 20 Reporting capabilities

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proposal received.

PROPOSAL SUBMITTAL

One original clearly marked and three (3) copies shall be submitted to the City in a sealed

package and be clearly marked “RFP Credit Card Merchant Services”. Proposals shall be

submitted no later than August 23, 2011 at 2:00 p.m. Proposers shall respond to the written RFP

and any exhibits, attachments, or amendments. A Proposers failure to submit a proposal before

the deadline as required shall cause that proposal to be disqualified. Proposers assume the

responsibility for delays caused by any delivery service. Postmarking by the due date shall not

substitute for actual proposal receipt by the City. Late proposals shall not be accepted nor shall

additional time be granted to any Proposer. Proposals may not be delivered orally, by facsimile

transmission, or by other telecommunication or electronic means. The City of League City will

accept SEALED PROPOSALS Monday through Thursday, 8:00 a.m. – noon and 1:00 p.m. –

5:00 p.m. and Friday, 8:00 a.m. to noon. Proposals must be received by the PURCHASING

DEPARTMENT before the specified hour and date of the opening. At that time proposals shall

be opened and names publicly read.

Submit in person, by courier or by US Postal Service to:

City of League City

Purchasing Office

2450 South Shore Blvd., Suite 110

League City, TX 77573

CITY CONTACT INFORMATION

Questions and inquires about this Request for Proposal should be directed to Cherell Daeumer,

Purchasing Manager, email:

[email protected]

. Questions should be submitted no

later than August 15, 2011 by 6:00 p.m.

TERM OF AGREEMENT

The term of agreement for this RFP shall be for a two (2) year period beginning upon approval

by City Council.

OPTION TO EXTEND

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A duly authorized official having authority too legally and contractually bind the Proposer must

sign proposals.

I, the undersigned, having read and with full understanding of all proposal specifications, terms

and conditions, to submit the following Proposal to provide the City of League City with credit

card merchant services review.

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ATTACHMENT I REFERENCES

Each Bidder is to provide a minimum of three (3) verifiable references in which the bidder has sold, maintained or provided this or similar product or service.

Company Name: _________________________________________________________ Address: ________________________________________________________________ Contact Person: __________________________________________________________ Telephone : ( ) __________________________________________________ Email: ___________________________________________________________ Product Purchased by Reference: ____________________________________________

Company Name: _________________________________________________________ Address: ________________________________________________________________ Contact Person: __________________________________________________________ Telephone : ( ) __________________________________________________ Email: ___________________________________________________________ Product Purchased by Reference: ____________________________________________

References

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