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HomeMy WebLinkAboutRFP - 7363 ELECTRONIC PAYMENT PROCESSINGADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7363: Electronic Payment Processing OPENING DATE: 3:00 PM (Our Clock) April 13, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 – Questions & Answers Exhibit 2 – 2011 Processing Data Please contact James B. O'Neill, FNIGP, CPPO, Buyer at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Addendum 2 7363 Electronic Payment Processing Page 1 of 7 EXHIBIT 1 – QUESTIONS & ANSWERS Q. May we please know the products (e.g. utilities, municipal court, park & rec, etc.) that are required to have WEB/IVR? A. Utilities - IVR - Cisco Web - Kubra Parking - Web - T2 Solutions/Paypal Recreation - Web - Rectrac, Golftrac, Q. For each product, may we have the annual transaction volume and revenue by transaction type (e.g. WEB, POS, IVR, etc.) and payment type (e.g. eCheck , cc (single payment), eCheck, card (recurring)? A. Please refer to the attached Exhibit 2 Q. If the City does not currently use WEB/IVR for certain departments, what is the current annual transaction volume and dollar amount? A. Please refer to the attached Exhibit 2 Addendum 2 7363 Electronic Payment Processing Page 2 of 7 Card Type Description Trans Count Trans Amount Sales Percent by Amount Sales Percent by Count VISA V634‐Vi‐cps/card not present debit 33,613 $ 3,936,990.93 21.46% 11.59% VISA V638‐Vi‐cps ‐ retail 2 (emerging markets) debit 30,040 $ 1,959,639.51 10.68% 10.36% VISA V038‐Vi‐cps retail 2 (emerging markets) 32,169 $ 1,687,651.74 9.20% 11.09% VISA V051‐Vi‐cps/rewards 2 10,571 $ 1,379,165.49 7.52% 3.64% VISA VN12‐VI‐REG Consumer MQ (DB) 11,355 $ 1,250,212.70 6.81% 3.91% VISA V231‐Vi‐business card‐card not present 3,795 $ 791,877.37 4.32% 1.31% VISA V817‐Vi‐cps/retail all other ‐ debit 23,009 $ 509,062.61 2.77% 7.93% VISA VN01‐VI‐US Regulated (DB) 10,222 $ 491,806.36 2.68% 3.52% VISA V247‐Vi‐signature preferred ‐ card not present 2,276 $ 410,426.75 2.24% 0.78% MC M648‐Mc‐utility debit 3,232 $ 369,771.20 2.02% 1.11% VISA V248‐Vi‐signature preferred ‐ retail 4,072 $ 368,531.46 2.01% 1.40% VISA V232‐Vi‐business card‐retail 5,231 $ 364,351.10 1.99% 1.80% MC M077‐Mc‐world mc public sector 6,726 $ 345,388.66 1.88% 2.32% VISA V237‐Vi‐purchasing card‐card not present 339 $ 321,309.40 1.75% 0.12% MC M121‐Mc‐corp data rate i (us) purchase 462 $ 233,074.22 1.27% 0.16% VISA V647‐Vi‐cps/small ticket debit 38,448 $ 227,629.77 1.24% 13.25% MC M665‐Mc‐emerging markets debit 2,325 $ 206,795.64 1.13% 0.80% VISA VN10‐VI‐US Regulated Comm (DB) 1,498 $ 194,226.87 1.06% 0.52% MC M049‐Mc‐world utility 1,340 $ 191,431.20 1.04% 0.46% DSCVR 007‐PSL ‐ Public Services Rewards 2,998 $ 178,499.60 0.97% 1.03% MC M320‐Mc‐enhanced public sector 3,558 $ 171,739.17 0.94% 1.23% MC M020‐Mc‐public sector 3,319 $ 167,407.10 0.91% 1.14% VISA V638‐Vi‐cps ‐ retail 2 (emerging markets) debit 3,647 $ 157,830.26 0.86% 1.26% VISA V677‐Vi‐cps/electronic commerce ‐ basic debit 1,712 $ 154,226.80 0.84% 0.59% VISA V034‐Vi‐cps/card not present 1,184 $ 147,262.71 0.80% 0.41% MC M385‐Mc‐enhanced utilities 960 $ 140,860.19 0.77% 0.33% MC MN02‐MC‐Reg Incent Frd ADJ POS (DB) 2,468 $ 139,598.49 0.76% 0.85% MC M095‐Mc‐world mc merit 1 1,118 $ 137,783.20 0.75% 0.39% DSCVR 201‐Commercial Electronic ‐ Emerging Markets/Public Services 2,408 $ 117,107.75 0.64% 0.83% MC M215‐Mc‐world elite public sector 2,449 $ 104,645.06 0.57% 0.84% DSCVR 024‐PSL ‐ Utilities Rewards 793 $ 102,895.65 0.56% 0.27% MC M141‐Mc‐corp data rate i (us) business 1,480 $ 93,338.59 0.51% 0.51% VISA V077‐Vi‐cps/electronic commerce‐basic 726 $ 90,568.00 0.49% 0.25% MC M048‐Mc‐utility credit 750 $ 88,969.63 0.48% 0.26% MC M153‐Business Utility 349 $ 71,115.12 0.39% 0.12% Addendum 2 7363 Electronic Payment Processing Page 3 of 7 EXHIBIT 2 - 2011 PROCESSING DATA MC M609‐Mc‐domestic merit iii (debit) 4,400 $ 70,460.21 0.38% 1.52% DSCVR 205‐Commercial Utilities 442 $ 63,774.57 0.35% 0.15% DSCVR 014‐PSL ‐ Card Not Present/E‐commerce Rewards 453 $ 62,963.70 0.34% 0.16% VISA V238‐Vi‐purchasing card‐retail 830 $ 60,861.21 0.33% 0.29% MC M064‐Mc‐world elite utilities 388 $ 59,808.94 0.33% 0.13% VISA V080‐Vi‐eirf non cps all other 761 $ 57,192.24 0.31% 0.26% VISA VP34‐VI‐CPS CNP (PP) 507 $ 55,541.08 0.30% 0.17% MC M311‐Mc‐enhanced merit i 458 $ 53,542.00 0.29% 0.16% MC M089‐Mc‐merit 1 electronic commerce 425 $ 51,020.70 0.28% 0.15% VISA V680‐Vi‐eirf non‐cps ‐ all other debit 937 $ 45,960.11 0.25% 0.32% MC M201‐Mc‐world elite merit 1 315 $ 40,581.50 0.22% 0.11% VISA V578‐Visa Business Enhanced card‐Card not Present 227 $ 40,477.53 0.22% 0.08% DSCVR 202‐Commercial Electronic ‐ All Others 424 $ 40,287.90 0.22% 0.15% MC M591‐High Value Public Sector 685 $ 36,466.73 0.20% 0.24% VISA VN02‐VI‐US CPS/Small Tckt Reg (DB) 8,123 $ 34,490.12 0.19% 2.80% MC M161‐MC BUS ENH VAL FACE‐TO‐FACE 50 $ 33,259.65 0.18% 0.02% DSCVR 107‐PSL ‐ Public Services Premium 486 $ 27,116.75 0.15% 0.17% VISA V047‐Vi‐cps/small ticket 6,181 $ 20,276.69 0.11% 2.13% MC M124‐MC‐BUS ENH VAL DATA RATE I 264 $ 19,912.47 0.11% 0.09% DSCVR 124‐PSL ‐ Utilities Premium 139 $ 18,549.40 0.10% 0.05% VISA V639‐VI‐CPS Retl2(Emrg Mkt) (DB)CAP 46 $ 18,401.31 0.10% 0.02% VISA V579‐Visa Business Enhanced card‐Retail 237 $ 15,707.55 0.09% 0.08% MC M597‐High Value Utilities 90 $ 15,324.68 0.08% 0.03% VISA VN09‐VI‐US Regulated Non‐CPS (DB) 420 $ 15,262.46 0.08% 0.14% MC MN10‐MC‐Regulated Frd ADJ Comm (DB) 127 $ 14,299.96 0.08% 0.04% VISA VP38‐VI‐CPS/Retail2 Emerg Mkts (PP) 232 $ 13,765.07 0.08% 0.08% MC MN16‐MC‐Reg Consm wFraud Adj MQ (DB) 336 $ 13,619.70 0.07% 0.12% MC M689‐Mc‐merit 1 electronic commerce (debit) 173 $ 13,375.90 0.07% 0.06% DSCVR 114‐PSL ‐ Card Not Present/E‐commerce Premium 76 $ 13,022.00 0.07% 0.03% MC M577‐High Value Merit I 68 $ 11,960.50 0.07% 0.02% VISA V647‐Vi‐cps/small ticket debit 2,536 $ 10,877.30 0.06% 0.87% MC M140‐Mc‐corp face to face (us) business 41 $ 10,167.85 0.06% 0.01% VISA V250‐Vi‐signature preferred ‐ standard 93 $ 9,844.87 0.05% 0.03% VISA V223‐INT PREMIUM CARD LAC ISS 29 $ 8,069.10 0.04% 0.01% VISA V234‐Vi‐corporate card‐card not present 42 $ 7,644.24 0.04% 0.01% MC M301‐MC‐BUS ENH VAL UTILITIES 34 $ 7,366.35 0.04% 0.01% MC M158‐Mc‐commercial data rate i (us) corp 117 $ 6,978.40 0.04% 0.04% Addendum 2 7363 Electronic Payment Processing Page 4 of 7 MC MN09‐MC‐Regulated Comm (DB) 90 $ 6,810.86 0.04% 0.03% MC M144‐MC‐BUS ENH VAL DATA RATE II 23 $ 6,092.75 0.03% 0.01% MC MN01‐MC‐Reg Incentive POS (DB) 75 $ 5,782.19 0.03% 0.03% MC M142‐Mc‐corp data rate ii (us) business 70 $ 5,498.73 0.03% 0.02% MC M667‐Mc‐small ticket debit 1,477 $ 4,766.00 0.03% 0.51% MC M122‐Mc‐corp data rate ii (us) purchase 11 $ 4,132.50 0.02% 0.00% VISA V235‐Vi‐corporate card‐retail 206 $ 3,890.81 0.02% 0.07% DSCVR 407‐PSL ‐ Public Services (Premium Plus) 63 $ 3,409.15 0.02% 0.02% MC M231‐Mc‐world comm'l data rate i business 48 $ 3,356.83 0.02% 0.02% VISA V069‐Intl Standard (includes Electron) 43 $ 3,113.39 0.02% 0.01% MC M005‐Mc‐foreign electronic plus 82 $ 2,977.86 0.02% 0.03% DSCVR 414‐PSL ‐ Card Not Present/E‐commerce (Premium Plus) 27 $ 2,965.50 0.02% 0.01% MC M194‐Mc‐commercial face to face (us) fleet at nf 8 $ 2,922.68 0.02% 0.00% MC M006‐Mc‐foreign standard plus 28 $ 2,608.08 0.01% 0.01% MC M611‐Mc‐domestic merit i (debit) 466 $ 2,553.17 0.01% 0.16% VISA V587‐Signature Business card‐Card not Present 18 $ 2,414.74 0.01% 0.01% MC M097‐Mc‐world mc merit iii 586 $ 2,317.00 0.01% 0.20% MC M309‐Mc‐enhanced merit iii base 495 $ 2,256.00 0.01% 0.17% VISA V065‐Intl Issuer Chip(includes Electron) 69 $ 2,249.33 0.01% 0.02% DSCVR 424‐PSL ‐ Utilities (Premium Plus) 15 $ 2,009.91 0.01% 0.01% VISA V050‐Vi‐cps/rewards 1 84 $ 1,975.00 0.01% 0.03% VISA V055‐Intl Bus/Sig.Bus/Corp/Purch 31 $ 1,879.41 0.01% 0.01% MC M009‐Mc‐domestic merit iii 435 $ 1,709.00 0.01% 0.15% DSCVR 203‐Commercial Base 22 $ 1,552.75 0.01% 0.01% VISA V063‐VI‐ELECTRONIC (US ACQ) 52 $ 1,504.52 0.01% 0.02% VISA V109‐US BUS STD 32 $ 1,469.10 0.01% 0.01% VISA VP77‐VI‐CPS/Ecomm‐Basic (PP) 24 $ 1,359.50 0.01% 0.01% MC M286‐World Business Utility 5 $ 1,260.98 0.01% 0.00% MC M203‐Mc‐world elite merit iii 266 $ 885.00 0.00% 0.09% DSCVR 324‐PSL ‐ Utilities Core 7 $ 873.21 0.00% 0.00% DSCVR 008‐PSL ‐ Express Services Rewards 245 $ 814.00 0.00% 0.08% DSCVR 018‐Mid Submission Level Rewards 20 $ 785.00 0.00% 0.01% DSCVR 015‐PSL ‐ Key Entry Rewards 11 $ 702.00 0.00% 0.00% VISA V588‐Signature Business card‐Retail 18 $ 695.61 0.00% 0.01% VISA V394‐INT SUPER PREMIUM LAC ISS 8 $ 680.37 0.00% 0.00% MC M195‐Mc‐commercial data rate ii (us) fleet at nf 5 $ 650.92 0.00% 0.00% VISA VP39‐VI‐CPS/Retl2 Emrg Mkt CAP (PP) 2 $ 644.03 0.00% 0.00% Addendum 2 7363 Electronic Payment Processing Page 5 of 7 MC M159‐Mc‐commercial data rate ii (us) corp 1 $ 637.50 0.00% 0.00% VISA V017‐Vi‐domestic standard all other 15 $ 634.00 0.00% 0.01% MC M120‐Mc‐corp face to face (us) purchase 2 $ 625.80 0.00% 0.00% MC M011‐Mc‐domestic merit i 15 $ 608.00 0.00% 0.01% DSCVR 010‐PSL ‐ Retail Rewards 8 $ 549.39 0.00% 0.00% MC M097‐Mc‐world mc merit iii 125 $ 540.00 0.00% 0.04% VISA V023‐Vi‐cps retail all other 25 $ 529.00 0.00% 0.01% DSCVR 307‐PSL ‐ Public Services Core 10 $ 516.94 0.00% 0.00% VISA V225‐INT PREMIUM CARD CEM ISS 3 $ 498.01 0.00% 0.00% VISA V227‐US BUS LVL2 2 $ 462.47 0.00% 0.00% VISA VP47‐VI‐CPS Small Ticket (PP) 103 $ 448.18 0.00% 0.04% VISA V222‐INT PREMIUM CARD AP ISS 11 $ 338.26 0.00% 0.00% MC MN15‐MC‐Reg Consmr US MQ (DB) 6 $ 319.55 0.00% 0.00% VISA V617‐Vi‐domestic standard ‐ all other debit 8 $ 319.00 0.00% 0.00% DSCVR 118‐Mid Submission Level Premium 4 $ 245.00 0.00% 0.00% MC M117‐Mc‐corporate standard (us)‐purchase 3 $ 240.00 0.00% 0.00% DSCVR 115‐PSL ‐ Key Entry Premium 3 $ 182.00 0.00% 0.00% MC M176‐Mc‐corp (intl) business 13 $ 175.00 0.00% 0.00% VISA V023‐Vi‐cps retail all other 8 $ 167.00 0.00% 0.00% VISA V582‐Visa Business Enhanced card‐Standard 3 $ 151.00 0.00% 0.00% MC M579‐High Value Merit III Base 1 53 $ 145.00 0.00% 0.02% DSCVR 211‐International Electronic (non‐JCB and non‐CUP) 7 $ 133.08 0.00% 0.00% MC M408‐MC‐PREM CON ELEC ACQUSISSSAM 1 $ 122.57 0.00% 0.00% VISA V107‐US PURCH STD 4 $ 116.00 0.00% 0.00% MC M230‐Mc‐world comm'l data rate ii business 3 $ 109.15 0.00% 0.00% MC M003‐Mc‐domestic standard 3 $ 95.02 0.00% 0.00% VISA V391‐INT SUPER PREMIUM AP ISS 2 $ 87.86 0.00% 0.00% MC M157‐Mc‐commercial face to face (us) corp 1 $ 84.21 0.00% 0.00% DSCVR 418‐Mid Submission Level (Premium Plus) 3 $ 82.00 0.00% 0.00% DSCVR 108‐PSL ‐ Express Services Premium 26 $ 81.00 0.00% 0.01% MC M322‐MC‐PREM CON STD ACQUSISSAP 1 $ 75.00 0.00% 0.00% DSCVR 314‐PSL ‐ Card Not Present/E‐Commerce Core 2 $ 69.00 0.00% 0.00% MC M336‐MC‐PREM CON ELEC ACQUSISSEU 2 $ 67.00 0.00% 0.00% MC M316‐MC‐PREM CON ELEC ACQUSISSLAC 1 $ 64.00 0.00% 0.00% MC MA05‐MC‐INT SUPER PREMIUM ELECTRONIC (US) 5 $ 59.00 0.00% 0.00% VISA VP80‐VI‐EIRF Non CPS All Other (PP) 4 $ 48.02 0.00% 0.00% MC M303‐Mc‐enhanced standard 1 $ 45.00 0.00% 0.00% Addendum 2 7363 Electronic Payment Processing Page 6 of 7 DSCVR 607‐PSL ‐ Public Services Debit 3 $ 33.00 0.00% 0.00% VISA VR17‐VI‐CPS/Retail All Other (PP) 2 $ 33.00 0.00% 0.00% DSCVR 019‐Base Submission Level Rewards 1 $ 25.00 0.00% 0.00% MC M576‐High Value Standard 1 $ 25.00 0.00% 0.00% MC MA08‐MC‐INT SUPER PREMIUM STANDARD(US) 1 $ 25.00 0.00% 0.00% DSCVR 110‐PSL ‐ Retail Premium 1 $ 18.00 0.00% 0.00% VISA V224‐INT PREMIUM CARD CAN ISS 1 $ 18.00 0.00% 0.00% DSCVR 308‐PSL ‐ Express Services Core 3 $ 10.00 0.00% 0.00% MC M326‐MC‐PREM CON ELEC ACQUSISSAP 2 $ 6.50 0.00% 0.00% DSCVR 408‐PSL ‐ Express Services (Premium Plus) 3 $ 6.00 0.00% 0.00% VISA V226‐INT PREMIUM CARD EU ISS 1 $ 2.00 0.00% 0.00% MC M736‐Mc‐consumer debit refund 1 1 $ (7.05) 0.00% 0.00% VISA V010‐Vi‐foreign standard 1 $ (33.00) 0.00% 0.00% VISA V690‐Vi‐moto/ecommerce return debit 1 $ (33.00) 0.00% 0.00% VISA V375‐Vi‐int chip issuer 3 $ (80.00) 0.00% 0.00% MC M084‐Mc‐consumer credit refund 2 1 $ (143.44) 0.00% 0.00% DSCVR 122‐Consumer Adjustment Voucher Program 3 Premium 13 $ (935.99) 0.01% 0.00% MC M106‐Mc‐corporate credit refund 3 18 $ (961.31) 0.01% 0.01% DSCVR 204‐Commercial Adjustment Voucher Program 1 64 $ (3,760.91) 0.02% 0.02% MC M738‐Mc‐consumer debit refund 3 66 $ (3,780.25) 0.02% 0.02% DSCVR 022‐Consumer Adjustment Voucher Program 3 Rewards 79 $ (7,899.02) 0.04% 0.03% VISA VN90‐VI‐Credit Voucher ‐ (DB) 239 $ (10,767.98) 0.06% 0.08% VISA V093‐Vi‐commecial card non 120 $ (12,814.04) 0.07% 0.04% MC M100‐Mc‐consumer credit refund 3 398 $ (24,800.19) 0.14% 0.14% VISA V692‐Vi‐consumer card non‐passenger transport return de 701 $ (33,777.85) 0.18% 0.24% VISA V092‐Vi‐consumer card non‐passenger transport credit 854 $ (55,325.28) 0.30% 0.29% 290,066 $ 18,347,740.12 100% 100% Addendum 2 7363 Electronic Payment Processing Page 7 of 7 Addendum 1 – 7363 Electronic Payment Processing Page 1 of 3 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7363: Electronic Payment Processing OPENING DATE: 3:00 PM (Our Clock) April 13, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 – Questions & Answers Please contact James B. O'Neill, FNIGP, CPPO, Buyer at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Addendum 1 – 7363 Electronic Payment Processing Page 2 of 3 EXHIBIT 1 – QUESTIONS & ANSWERS Q. Can you please confirm on page 7 of the RFP: Is the volume provided annual or monthly volume? A. Annual Q. Can you please break down the sales volume and transaction count by card type? A. Annual transaction and sales volumes: Amex 4,762 $269,465 Discover 10,010 $714,735 MC 49,742 $3,346,088 Visa 274,074 $16,954,357 Q. Please also indicate what volume is ecommerce vs. card present? A. 2% E-Commerce 31% Card Not Present 67% all other Q. Page 3 mentions magtek readers, does the City accept checks today, and would this be included in the proposal? If so, what is the current volume processing & dollar amount? A. We are not currently processing checks electronically Q. Who is the current processor? A. Paypros Q. If awarded, when would the agreement start? A. January 1, 2013 Q. How long would the agreement be; 3 year, 4 year, 5 year? A. Annually renewable with a 5 year maximum term. Q. What is the timeframe for the City of Fort Collins to make a decision? A. The decision will be made after interviews are completed. Approximately by the end of May. Q. Page 7 mentions that currently 39 location process credit cards, how many other locations that are not processing today could take advantage of the program? A. We do not have any other locations at this time considering taking payments Addendum 1 – 7363 Electronic Payment Processing Page 3 of 3 Q. What payment options/terms is the City looking to receive? A. The City will review RFP responses and compare the options/terms proposed by each respondent. Q. How many terminals are at each location? A. We currently have 22 terminals in service. The locations that choose to use credit card terminals average 2 terminals per location. However, over half of our locations utilize integrated solutions to their line of business applications or virtual/web based credit card processing. RFP 7363 Electronic Payment Processing Page 1 of 20 REQUEST FOR PROPOSAL 7363 ELECTRONIC PAYMENT PROCESSING The City of Fort Collins is requesting proposals from qualified firms for a single source payment processing technology and merchant services partner who will provide a completely integrated Automated Clearing House (ACH) and integrated credit card payment solution on one technical platform. Written proposals, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), April 13, 2012 and referenced as Proposal No. 7363. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager, Clint Andrews at (970) 416-2516 or candrews@fcgov.com. Questions regarding bid submittal or process should be directed to James B. O’Neill, II, CPPO, FNIGP, Director of Purchasing & Risk Management, at (970) 221-6779 or joneill@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7363 Electronic Payment Processing Page 2 of 20 kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7363 Electronic Payment Processing Page 3 of 20 7363 Electronic Payment Processing Scope of Work Objective: The City of Fort Collins is seeking a single source payment processing technology and merchant services partner who will provide a completely integrated Automated Clearing House (ACH) and integrated credit card payment solution on one technical platform. This would include merchant account services supported by a payment gateway technology provider that will interface with a variety of systems across our organization Acceptance of all e-Commerce payment types, such as credit and debit cards, e- checks, gift cards, and direct payment, for the purchase and payment of goods and services with the City of Fort Collins will allow the agency to respond to the public’s desire for expanded payment options and convenience. Additionally, the City is seeking to streamline revenue collection and cash management practices, speed receipt of payments, lower overall banking costs, achieve internal operational efficiencies by reducing the processing time to reconcile bank and merchant account information using customizable electronic reporting options through the implementation of new payment technologies. The City is looking for a vendor that will assist with the establishment of a flexible, custom-fit solution that will not restrict business processes. This formal Request for Proposal process and subsequent results supersedes any and all communications and/or agreements made by personnel of the City with any vendor regarding this project. Requirements: The successful vendor responses will specifically address, or recommend alternatives to, their ability to support or replace the following existing systems:  Point of Sale (POS) terminals o Omni 3750 and Newer Omni terminal models, ID Tech Omni Dual Reader, Tech Omni MSR, computers with Magtek devices, devices for barcodes, devices integrated with keyboard for mag strip.  USB POS manual card swipe devices.  Interactive Voice Response (IVR).  Varity of eCommerce/Web payments.  Digital Pioneer Intella Pay Machine (parking lot payment machine).  Mobile (iPhone/iPad) credit card processing.  Enterprise and individual merchant level reporting RFP 7363 Electronic Payment Processing Page 4 of 20 eCommerce Solution: Vendors responding to this RFP must specifically identify their ability to provide the following. The vendor must identify any costs, fees or penalties associated with the listed goods and/or services.  A dynamic, integrated payment processing option that supports e-commerce activities that encompass web, POS card present, POS card not present, and IVR technologies.  Provide a unified merchant account with robust gateway services.  Provider should be PCI compliant  Provider should provide assistance in yearly PCI Certification of the organization  POS hardware, supplies, maintenance, training, and technical support.  Provide a web-based virtual terminal application that performs the credit card processing functions of a physical POS terminal that allows multiple users to access the system with individual logins.  Provide mobile processing applications and hardware for iPhone and iPads  Vendor must be willing to work cooperatively with a variety of vendors to ensure integration by providing necessary programming and code information for the creation of customizable POS applications and other customized e-Commerce solutions developed with but not limited to Vermont Systems, Banner Systems, Indus Advantage CIS, Cisco IVR, Paypal’s Payflow Pro, Digital Payment Technologies, and T2 Parking Systems, and Kubra.  The gateway needs to provide dynamic communication for a single umbrella merchant account number with the ability to associate a unique identifier for individual locations and/or POS devices that will append to the single merchant number.  The gateway needs to provide options for merchants to input unique transaction data… i.e. invoice number, case number, etc… for better ease of reconciliation.  Real time credit card authorization and posting.  Robust reporting environment for consolidated enterprise reporting as well as merchant level reporting  Acceptance and support for gift cards.  Integration support for the following: .Net, SOAP, ASP, VB Script, CGI, PERL, JAVA, XML, C/C++, and PHP. Administrative Support and Customer Service: Vendors responding to this RFP must specifically identify their ability to provide the following items. The vendor must identify any costs, fees or penalties associated with the listed goods and/or services. RFP 7363 Electronic Payment Processing Page 5 of 20  Responsive customer service 24/7/365 for problem identification and resolution upon immediate contact with problem resolution or a plan of action within 2 hours of initial contact.  Provide a single corporate merchant number for the City of Fort Collins and sub- merchant numbers for various location sites throughout the organization. The City is seeking a definable identification system that will allow a unique identifier to each location or POS, which will be append able to the single corporate merchant number.  Provide a single point of contact for both authorization and settlement of transactions.  Customer support for installation, configuration, testing, validation, training, and on-going technical assistance for transaction processing and gateway services.  Provide customizable, electronic reporting features which allow for global reporting of a single umbrella merchant number or granular reporting for individual locations within the organization by a unique identifier.  Provide electronic files that allow for extraction or export into the city’s financial system, JD Edwards or other enterprise data base applications.  Allow for reoccurring billing by securing and encrypting customer account information. Specifically identify the components and procedures used to secure customer information.  Responsive administrative support for resolution of banking and processing issues.  The vendor will provide a detailed plan to ensure the continuity of the City of Fort Collins business processes for which the solution is selected in the event the vendor should go out of business, be acquired by another company, or encounter other business situations that will change the support or maintenance for the incorporated technologies. Fraud and Loss Prevention: Vendors responding to this RFP must specifically identify their ability to provide the following items. The vendor must identify any costs, fees or penalties associated with the listed goods and/or services.  Proactive security and fraud detection.  System must meet Payment Card Industry (PCI) compliance standards. Identify or provide supporting documentation that system meets this requirement.  Provide transaction fraud screening to identify potential fraudulent activities, such as invalid credit, duplicate transactions, or incorrect keying.  Digital certificate authentication.  Provide automated risk monitoring tools and hands-on training. RFP 7363 Electronic Payment Processing Page 6 of 20 Fees/Costs/Penalties: Vendors responding to this RFP must specifically identify their ability to provide the following items.  Competitive pricing for merchant bank and gateway processing costs/fees with no hidden costs/fees – all costs must be itemized, detailed, and disclosed. Failure to fully disclose fees, costs, and penalties will be immediate grounds for contract termination if later discovered.  Identify any and all fees and costs for: application processing, setup, installation and testing, customer and administrative services (The City will not accept low monthly limits, inflexible policies, long-term lock-in contracts, add-on costs, and arbitrary monthly limits. The City will not accept charge back fees or imposed rolling charge back reserves.)  Merchant bank must deposit revenue into depository bank within 24-72 hours of payment transaction settlement.  Penalty provisions must be explicitly disclosed.  Need to provide flexible, competitive card present and card not present fees. Implementation:  The City of Fort Collins will: o Be actively involved in the design and implementation phases, testing, and acceptance of all application components. o Will assist with user training. A technology project team will be designated to assist with the implementation of this project. o The Project Manager must accept each phase of the project and provide final acceptance of the entire project before payments for each particular phase or final payment for an entire project shall be made. "Acceptance" shall mean approval, in writing, of the completed installation and implementation of a project phase or of an entire project, after allowing what the Project Manager deems to be sufficient operating time in a production environment to allow the Project Manager to determine that such installation and implementation complies with the Scope of Work and/or any Specifications relevant to the project. Minimum Requirements to Propose: The City’s minimum requirements for banks responding to this RFP include: a. A Green VERIBANC, Inc. rating if applicable b. Total assets of at least $2 Billion c. Capital ratios indicating the proposer is at least adequately capitalized. RFP 7363 Electronic Payment Processing Page 7 of 20 d. Approval as an Eligible Public Fund Depository by the Colorado State Banking Board e. Provide information from a third party that verifies your credit standing and financial ability to provide the services to the City. The City cannot enter into a contract with proposers that do not meet the minimum criteria outlined above. Proposers that do not currently meet the minimum criteria but desire to submit a proposal must include a written Justification for Consideration. A written Justification for Consideration does not obligate the selection committee to consider the proposal of a bank that does not meet the minimum criteria. Designation as an eligible public depository by the State Banking Board cannot be waived. Credit Card Receipt Processing: Currently, all Visa, Mastercard, and Discover receipts collected by the City are forwarded to the bank for processing. When a City location requests the ability to accept credit cards the bank provides the hardware (at an agreed upon price) and completes the set up for the location. Average monthly transaction detail: Number of City locations accepting Credit Cards: 39 Number of annual EDC transactions: 339,000 Annual dollar amount of EDC transactions: $21,300,000 Average ticket amount $62.83 RFP 7363 Electronic Payment Processing Page 8 of 20 Review and Assessment: The evaluation team will use the following criteria to judge and score the written proposals and, if necessary, for interviews. The rating scale shall be from 1 to 5, with 1 being the lowest score, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.5 Cost Fees and Compensation The proposal that provides the electronic payment processing services at the lowest total cost to the City. 2.5 Understanding City Needs Degree to which the proposal and supporting materials demonstrate that the firm understands the City’s needs and operational requirements. Quality and scope of the conversion implementation plan. 1.0 Financial Strength Evaluation of key financial ratios and financial position provided by independent rating services. 3.0 Scope of Services Scope of Electronic Payment Processing Services. The availability and quality of services proposed by the firm. Includes the value of any new product or service suggestions or other new ideas and enhancements. 1.0 Experience The experience, resources, and qualifications of the firm and individuals assigned to the City’s account. Relevant experience managing similar relationships with public sector clients. At the option of the City, interviews and site visits may be conducted with some or all of the firms responding to this Request for Proposal. The final selection will be based on an evaluation of all of the information submitted and the City's determinations that the proposal will best serve the City's needs. RFP 7363 Electronic Payment Processing Page 9 of 20 Reference Evaluation (Top Ranked Firm): The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7363 Electronic Payment Processing Page 10 of 20 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. RFP 7363 Electronic Payment Processing Page 11 of 20 4. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service RFP 7363 Electronic Payment Processing Page 12 of 20 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. RFP 7363 Electronic Payment Processing Page 13 of 20 a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. RFP 7363 Electronic Payment Processing Page 14 of 20 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this RFP 7363 Electronic Payment Processing Page 15 of 20 Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: RFP 7363 Electronic Payment Processing Page 16 of 20 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days ofreceiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. RFP 7363 Electronic Payment Processing Page 17 of 20 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7363 Electronic Payment Processing Page 18 of 20 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7363 Electronic Payment Processing Page 19 of 20 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7363 Electronic Payment Processing Page 20 of 20 EXHIBIT “ “ CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.