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HomeMy WebLinkAboutRFP - 8930 MERCHANT CREDIT CARD AND E-PAYMENT PROCESSING SERVICESRFP 8930 Merchant Credit Card and E-Payment Processing Services Page 1 of 29 REQUEST FOR PROPOSAL #8930 MERCHANT CREDIT CARD AND E-PAYMENT PROCESSING SERVICES The City of Fort Collins (the City) is requesting proposals for a qualified merchant credit card and e-payment processing service with a successful and trustworthy company “Vendor” that will integrate with the City’s current and future payment processing systems. The purpose of the Request for Proposal (RFP) is to secure the services to process credit card, debit card, and electronic funds transfer (EFT) payments via the internet, mobile device, telephone interactive voice response (IVR) and multiple point of sale (POS) locations through integrated software solutions and standalone credit card processing terminals. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on August 2, 2019 and referenced as Proposal No. 8930. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director at gspaul@fcgov.com, with a copy to Project Manager, Blaine Dunn, at bdunn@fcgov.com, no later than 5:00 PM MST (our clock) on July 19, 2019. Please format your e-mail to include: RFP 8930 Merchant Credit Card and E-Payment Processing Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 94635 Credit Card, Charge Card Services RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 2 of 29 Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Firms may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Firm may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Firms: The City requires new Firms receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Firm Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Firm Reference Documents. Please do not submit with your proposal. 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, 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sincerely, Gerry Paul Purchasing Director RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 3 of 29 City of Fort Collins Request for Proposals (RFP) #8930 Merchant Credit Card and E-Payment Processing Services Section I – Project Background The City of Fort Collins (the City) is requesting proposals for a qualified merchant credit card and e-payment processing service with a successful and trustworthy company “Vendor” that will integrate with the City’s current and future payment processing systems. The purpose of the Request for Proposal (RFP) is to secure the services to process credit card, debit card, and electronic funds transfer (EFT) payments via the internet, mobile device, telephone interactive voice response (IVR) and multiple point of sale (POS) locations through integrated software solutions and standalone credit card processing terminals. The City of Fort Collins is a vibrant community of approximately 172,000 residents located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 24,000 college students. The City has many departments and locations that accept credit and debit cards including utilities, parks and recreation, municipal court, parking, transportation, planning and development, gardens, and cultural center. Over the years with City growth and payment options expanding, we have also increased the number of electronic payment gateway and processor vendors and our goal is to decrease this number to simplify payment processor management, increase systems integration, and decrease costs. Section II - Project Overview The City of Fort Collins is seeking a Vendor that has government and utility experience that will: • Provide a competitively based discount for the processing of all four major credit cards (Visa, MasterCard, Discover, and American Express), debit, and gift cards. • Provide ability to block credit cards by issuer. • Provide processing of ACH credit and debit. • Integrate with the City’s current Interactive Voice Response (IVR) banking system. • Allow the City to authenticate the cardholder and use the card’s magnetic stripe or chip to authenticate the cardholder and to authorize and capture the transaction. • Deposit payments electronically into the City’s bank accounts by merchant ID and separate descriptions within 24 to 36 hours. • Provide online access to view and export daily transactions and account reconciliation/settlement reports by major credit card and by merchant ID and export reports. • Be compatible with the City’s present payment equipment and software and supply compatible equipment as needed. RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 4 of 29 • Provide monthly statements per merchant ID that clearly summarize all revenue related activity including all chargeback information by date and card type. All processing fees must be separate from revenue deposits. The statement deposit activity must match the actual deposit activity in the City’s accounts. • Provide seven (7) days per week 24 hours per day technical support, and provide, at no cost to the City, on-site technical service as may be required in the event of operational difficulties related to transmission of daily transactions or any equipment/software failure or malfunction. • Be a company with at least five (5) years’ experience processing credit payment records transmitted for processing and settlement from major credit/debit card processing networks, and with at least five (5) public sector customers. • Be compliant with all Payment Card Industry (PCI) security standards as established by the Payment Card Industry Standards Council. See Appendix F. • Easily integrate data with the City’s back office systems; most prominently JD Edwards EnterpriseOne, Open Smartflex Utility System, MS Govern, Accela, and Vermont Systems. • Single reporting system across all payment types and services. • Department specific reporting supported through password controls to facilitate reconciliation. • Online Automated Clearing House (ACH) returns and credit card chargeback reporting. • Customize transaction-identifying data fields per e-commerce service to accommodate all the unique needs of each department including standard reporting and ad-hoc reporting. • Access online payment management tools to enable the City to administer all epayments such as voids, credits, adjustments, reporting, customer service and verifications in real-time. • On-line status indicator of electronic payment services. • Convenience fee and non-convenience fee support. • Transaction integrity checking reducing the risk of double payment. • Once implemented the City can select or change processors, add or remove financial institutions without any loss of time or investment in prior implementation efforts. • Separate monthly invoice for billing of any fees. • Separate merchant ID for each department as needed. RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 5 of 29 Section III – Required Vendor Information and Responsibility The proposal shall be divided into sections as indicated below: A. Statement of Project Requirements: The proposal shall include a signed statement that the Vendor has obtained a thorough understanding of the services sought and of the current services being received, as presented in the RFP, and that its proposal will replace or improve upon these services. B. Scope of Work: The proposal shall describe in narrative form the Vendor’s technical plan for accomplishing the work. Please use the Scope of Services Tasks found in Section IV of this RFP. Additions to or modifications of the task descriptions will be considered by the City, but reasons for changes shall be fully documented for each new or modified task. C. Special Qualifications: The proposal shall identify any specific qualifications which might make the Vendor uniquely qualified to provide the requested services. These may include similar agreements related to another customer of similar size. D. Cost of Service: The Vendor will include a concise breakdown of charges and fees, by utilizing the pro forma list located in Section VIII, Appendix B; this form includes pricing for each possible credit card type transaction and volume. The fees and charges proposed in the RFP response shall remain fixed for the five (5) year term of the contract with the following exceptions that shall be adjusted to reflect increases or decreases in all applicable rates, fees, and assessments established by MasterCard and Visa Interchange rates. E. Conflicts of Interest: The proposal shall specifically address any possible conflicts of interest and the Vendor’s position or response as to whether or not this relationship may be deemed a conflict of interest with this project. F. Professional and Financial References: The proposal will include a list of professional and financial references. The list of references should include individuals or organizations who work with the Vendor. The list should also include individuals or organizations that are familiar with the Vendor’s current financial and operational capacity. Please refer to the reference specifications on Section VIII, Appendix E. Section IV – Scope of Services Tasks Within your proposal, please use the breakdown of the minimum qualifications, requirements, and financial capability below to notate your ability to meet or exceed the following task measures. Respond with requested answer – i.e., “Yes” or “No”, a list, a dollar figure, a percentage, a sample PDF, use of a provided specific form, a written essay, etc. RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 6 of 29 Minimum Qualifications, Requirements, and Financial Capability ____Vendor has a minimum of five (5) years’ experience in providing merchant credit card services. The Vendor’s experience and competence displayed in providing merchant credit cards service to government entities, demonstrates the Vendor will process the City transactions accurately, securely, and on time without interruptions. Y/N – List name of client (s), clarify in 50 words. ____Vendor provided a sample contract for the City’s consideration. Y/N ____Vendor reviewed the City contract template and commented on sections they find questionable. See Appendix G. Y/N ____Vendor provided three (3) references from current credit card processing clients, of which two (2) references are from similarly sized or larger government sector clients; Vendor provided 2 financial references familiar with the Vendor’s financial and operational capacity. See Appendix E. Y/N ____Vendor provided a sample PDF and Excel workbook of an electronic or paper monthly summary report/statement that would be submitted to the City’s Finance Department summarizing the activity for all accounts/locations, to include gross monthly sales, gross fees, transactions counts and a breakdown of the transactions by all card types. The summarized report/statement should also include the number of monthly authorizations, PIN debits, and any other transaction services fees by category. Y/N ____Vendor will provide each merchant account/location, associated with each of the City’s separate Federal Tax ID numbers (City, Library, Fire Authority, and Downtown Development Authority), with a separate monthly invoice and separate merchant ID, as requested. Is a sample PDF included? ____Vendor provided evidence of their PCI DSS compliance by supplying a recent copy of the SOC/SSAE audit report; they included reports for any subcontractors, third party processors and any other involved parties. Y/N ____Vendor provided information on Vendor’s volumes by dollar and transaction count as requested in Section VIII, Appendix C. Y/N Equipment ____Vendor has a solution for equipment compatibility - Use essay format. The City would like to minimize the potential to incur additional cost for credit card equipment. The City has compiled a list of the credit card terminals/equipment and manufacturers that all locations utilize. We have also provided a listing of the third-party service providers we use via the internet or credit card terminal connection in Section VIII, Appendix A. a) Review the list that has been compiled and advise if your program is compatible with the current equipment that is being used. b) If not, please propose the type of equipment you would recommend, and how these costs can be minimized. RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 7 of 29 I. All fees associated with new terminal equipment, implementation, etc. should be listed on Section VIII, Appendix B of the pricing schedule. The fees and charges proposed in the RFP response shall remain fixed for the five (5) year term of the contract with the following exceptions that shall be adjusted to reflect increases or decreases in all applicable rates, fees, and assessments established by MasterCard and Visa Interchange rates. II. List the third-party processors you are associated with. See Appendix D. III. List the types of equipment you utilize. See Appendix D. c) Supply a total turnkey purchase price for equipment and software needed on day one. Merchant Credit Card Processing Capabilities ____ Vendor provided the following information on the pro forma analysis, Section VIII, Appendix B, based on the City’s credit card volume for FY2018. The Vendor listed and defined transaction fees for authorization, settlement, network, and communications. Included were any one-time setup charges, research fees and all other fees or charges that will or could be charged (e.g., interchange rates, regular and ad hoc reporting costs). The fees and charges proposed in the RFP response shall remain fixed for the five (5) year term of the contract with the following exceptions that shall be adjusted to reflect increases or decreases in all applicable rates, fees, and assessments established by MasterCard and Visa Interchange rates. Use essay format explaining rates. ____Vendor provided details of how settlement amounts will be listed on the bank statement? Y/N ____Vendor listed the limitations that may exist on the number of files/transactions: Y/N • Number of transactions contained in a batch? • Number of files transmitted daily? ____Vendor specified when funds are credited to the City’s bank account? Y/N – Clarify in 25 words. ____Vendor supplied answers to the specific questions below: RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 8 of 29 Response Indicators: 5: Functionality is available in the current product 4: Functionality will be available in an offering within the next 18 months 3: Functionality is not included in the current offering and is not planned to be a part of a future release within the next 18 months; however, this functionality could be provided with custom modifications 2: Functionality is not included in the current offering and is not planned to be a part of a future release within the next 18 months; however, this functionality could be provided with integration to a third-party system 1: Functionality cannot be provided Number Functionality Vendor Response (5, 4, 3, 2, 1) Comments Rates/Fees (No Rating For # 1 – 7 / Please Address Questions In Comments) 1. Do you participate in the Visa Utility Interchange Reimbursement Fee program? 2. What information is required to prevent our transactions from falling into a non-qualifying category? 3. How do fees differ when processing different types of cards (e.g., personal and business cards)? 4. Are all charges, related to a transaction, billed in the same month? 5. What rates or fees do you charge when my customer uses their card as a chip, key-entered, or online? 6. Do you charge a separate fee for your gateway? 7. When a transaction is refunded, does the City get any of the original fees refunded to them? Integrations 8. Integration - JD Edwards EnterpriseOne? 9. Integration – Accela? 10. Integration – Accruent EMS? 11. Integration - Cale parking kiosk? 12. Integration - MS Govern? 13. Integration - Scheidt & Bachmann transit payments? 14. Integration - T2Flex parking and online permitting system? RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 9 of 29 Number Functionality Vendor Response (5, 4, 3, 2, 1) Comments 15. Integration - Vermont Systems Rectrac, Webtrac, Golftrac? 16. Integration - Open Smartflex CIS? 17. Integration – RESTful API for future systems integration Payments/Credits 18. Ability to accept EFT/ACH payments without manual intervention? 19. Ability to do ACH credit payments (and schedule payments)? 20. Ability to schedule payments? 21. Ability to stop recurring fixed payments when the account is closed? 22. Ability to do reoccurring payments with credit cards? 23. Ability to refund a credit card charge to another card? 24. Ability to email receipts and customize them (e.g. add description fields)? 25. Ability to accept IVR payments? 26. Mobile payments with EMV readers? 27. Ability to take payments for multiple customer accounts in a streamlined process? 28. Ability to cache mobile transactions and process when connection is restored? 29. Payments via ApplePay (streamlined approach to add)? 30. Payments via WeChat Pay? 31. What payment aggregators do you work with? Functionality 32. Ability to correct credit card info multiple times if entry error and not get kicked out? 33. Ability to switch between merchant codes when processing transactions? RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 10 of 29 Number Functionality Vendor Response (5, 4, 3, 2, 1) Comments 34. No USB connected devices? 35. Ability to do same day settlement? 36. Customizable credit card input forms? 37. Similar frontend for card and card not present? 38. Ability to split credit card revenue to different accounts? 39. Smart entry forms that auto populate based on previous entry(s)? 40. Mobile POS with simple inventory? Payment Processor Functionality 41. Ability to view interchange fees? 42. Ability to track fraudulent and other blocked activities? 43. Ability to view/manage multiple merchant accounts from one login? 44. Ability to customize receipts (e.g. department contact, info/marketing info/disclaimer)? 45. Ability to void transactions at both front-line and back of the house? 46. Ability to prohibit a card type? 47. Have virtual credit card terminal solution with customizable fields, integrated solutions, and physical terminals for processing and mobile/phone payment solutions? 48. Support for ERI (External Redirect Interface)? 49. Notification system for processor outages? 50. Monitoring and notification process if a transmission fails? 51. Need quicker speed of transaction processing and SLA supporting this? 52. New merchants can only be added by authorized agent of the City? RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 11 of 29 Number Functionality Vendor Response (5, 4, 3, 2, 1) Comments 53. Quicker chargeback notification of initial chargeback and notification of the resolution? 54. Process to correct duplicate transactions? 55. Procedures in place to reverse an incorrect authorization? 56. Security - Role based? 57. Unique descriptions for each merchant ID? 58. Ability to load a file of active accounts to restrict processing to the payment processor? 59. Ability to have merchant accounts remain open without activity (or define the inactivity timeframe)? 60. Store credit cards in vendor system so customer can use "card on file"? 61. Offers a secure website to receive and view current and historical data and reports? 62. Has 24 months of daily data and reconciliation reports available to the merchant, for each location and account? Max years of retention? 63. Has capability to track credit card transactions for each merchant account/location, creating an audit to be used by system administrators or supervisors? 64. Reports and exports - Gross CC amounts so fees can be determined? 65. Reports and exports - Ability to report on all merchant ID's at the same time? 66. Reports and exports - Customized reporting/Drill in capabilities? 67. Reports and exports - Fees separate and then revenue bundled? 68. Reports and exports - Timestamped transactions to inform their open/close? RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 12 of 29 Number Functionality Vendor Response (5, 4, 3, 2, 1) Comments 69. Reports and exports - Breakout by card type? 70. Reports and exports - Detailed cash transaction reports? 71. Reports and exports – Cash depositing and settlement reports to match banking records for reconciliation? 72. Ability to review and resolve disputes and chargebacks online? 73. Ability to provide hosted online payment portal? 74. Bill Presentment ability? Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 13 of 29 Third Party Processing ____Vendor participates in the Visa Utility Interchange Reimbursement Fee (VUIRF)? Y/N - Clarify in 25 words. ____Vendor has services integrated to/with third party software, websites and gateways? Use essay format – 100 words. Payment Card Industry Data Security Standards ____Vendor and all of its subcontractors and third-party processors are in compliance with all applicable PCI DSS standards, as verified by the certification supplied in proposal? Y/N - Clarify in 100 words. ____Vendor offered an outlined process in the event of a data breach; outline display; set security measures are in place for the protection of data transmitted for processing and a process is in place to notify customers in the event of a security breach? Use essay format. Implementation & Support ____Vendor has an implementation process, including testing, training, a suggested implementation schedule, and support in place. An implementation schedule outlines the milestone dates to accomplish and should include detailed tasks, dates and resources assigned and identified for each milestone? Use essay format. ____Vendor has ongoing 24/7 customer service support provided, at no charge? Y/N - Clarify in 25 words. Section V – Other Details Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: July 3, 2019 • Question deadline: 5:00 PM MST on July 19, 2019 • Proposal due date: 3:00 MST (our clock) on August 2, 2019 • Interviews/Demos: August 26, 27, or 28, 2019 • Award of Contract (tentative): September 2019 Interviews/Demonstrations In addition to submitting a written proposal, the top-rated firms may be interviewed and provided an opportunity to demonstration the proposed solution(s) for the project team. Subcontractors Firms will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded firm, therefore subcontractors will be the responsibility of the firm. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 14 of 29 Laws and Regulations The firm agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. Section VI – Review and Assessment Criteria Proposal and Interview/Demonstration Criteria Firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Firms may be conducted. WEIGHTING FACTOR CRITERIA 50% Assessment of the proposed solution(s) 15% Time and resources required to implement and support 35% Proposed value including costs for implementation, licensing, and recurring annual maintenance Reference Evaluation Criteria Prior to award, the City may check references and negative responses from references may impact the award determination. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 15 of 29 Section VII – Vendor Statement Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 16 of 29 SECTION VIII: APPENDICES APPENDIX A City of Fort Collins Card Volume Schedule Department Current Vendor Type of Cards & Trans Accepted Type of Cards Processed Type of Equipment Termin al Count Average Monthly Sales Average Annual Sales Average Monthly Trans- action Average Annual Trans- action Utility Office OpenEdge, Xcharge, Cisco UCCX Visa, MC, Discover, ACH Walk-in, Phone, IVR Ingenico iSC250 3 $1,675,000 $20,000,000 11,575 140,000 Utility – Kubra Chase PT Visa, MC, Discover, ACH Online, Phone $106,250 $1,275,000 690 8,250 Recreation Chase PT, Plug-n-Pay Visa, MC, Discover Online, Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 17 of 29 APPENDIX B Cost of Service Form Based on the projected volumes shown in Appendix A, please provide a projected schedule of fees and charges for the City’s merchant card processing by using the form below. If necessary, each fee can be annotated with comments on a separate page. Vendors should structure their Cost of Services form as they deem appropriate. The following data is provided for that purpose. The fees and charges proposed shall remain fixed for the five (5) year term of the contract with the following exceptions that shall be adjusted to reflect increases or decreases in all applicable rates, fees, and assessments established by MasterCard and Visa Interchange rates. PRO-FORMA BIDDING SPECIFICATIONS The numbers below are 6 months of credit card activity for the two highest volume locations in the City (not including online transactions) – (list the two locations, e.g. Utilities and Recreation) Service City of Fort Collins Volumes Vendor Costs NET SALES Visa $ MasterCard $ Discover $ AMEX $ Debit $ Net Sales $ TRANSACTIONS Visa MasterCard Discover AMEX Debit Total Transactions FEES/SRV CHGS/AUTH FEES Total Fees $ MISCELLANEOUS FEES Chargebacks – Visa/MC Chargebacks – Discover Chargebacks - AMEX Non-qualified Card Fees Setup Fee Installation and Training Fee Administrative Fee Monthly Maintenance Fee Monthly Minimum Discount Fee New Equipment Online Reporting (monthly) Recurring Fee Other Total Miscellaneous Fees Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 18 of 29 APPENDIX C Vendor’s Volumes by Dollar and Transaction Count This section will assure the City that Vendor can accommodate their current business with optimum service; the City will obtain an indication of the types and sizes of businesses the Vendor associates with to boost their sales. Vendors should structure their volume by dollar and transaction count form as they deem appropriate. APPENDIX D Vendor’s Third-Party Processors and Equipment This section will offer some insight into the third-party processors the Vendor may partner with to complete the City’s customer credit card transaction process; and give the City an understanding of the various types of card readers your company utilizes. Vendors should structure their volume by dollar and transaction count form as they deem appropriate. APPENDIX E Vendor’s References Financial Reference Financial Institution Contact Name / Title Contact Phone Contact Email Current Client Reference Organization Contact Name / Title Contact Phone Contact Email Processing Volume Service Began Service Ended (If Applicable) Vendor has provided service for the following ERP/Utility Billing Software Financial Software Yes No JD Edwards Open Smartflex Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 19 of 29 APPENDIX F Vendor’s PCI Compliance Certification (SAQ/SSAE) Supply PDF copies of certifications. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 20 of 29 APPENDIX G – Sample Service Agreement 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(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 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(s), 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. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) 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. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 21 of 29 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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 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, ($ ) as per the attached Exhibit " ", consisting of page(s), 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 22 of 29 11. 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. 12. 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. 13. Warranty. 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. 14. 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. 15. 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. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 23 of 29 16. 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. 17. 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 Purchasing Director, 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. 18. 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. 19. 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 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. 20. 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- Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 24 of 29 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: 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 of receiving 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. 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. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 25 of 29 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 26 of 29 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 27 of 29 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 28 of 29 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. Official Purchasing Document Last updated 10/2017 RFP 8930 Merchant Credit Card and E-Payment Processing Services Page 29 of 29 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. Walk-in, Phone 10 $480,000 $5,800,000 8,000 96,000 Transfort Chase PT, OpenEdge Visa, MC, Discover Kiosk, Masabi Mobile, Ingenico iSC250 6 $125,000 $10,500 5,400 65,000 Parking PayPal, Chase PT, OpenEdge, Xcharge, Authorize.net Visa, MC, Discover Kiosk, Phone Ingenico iSC250 3 $100,000 $1,200,000 2,750 24,000 Municipal Court OpenEdge, Visa, MC, Discover Counter Ingenico iSC250 5 $42,000 $505,000 300 3,600 Downtown Developme nt Authority PayPal Visa, MC, Discover Counter $3,800 875 PFA PayPal, Square Visa, MC, Discover Online, Walk-in, Phone $40,000 $480,000 75 900 Parks & Cemetery OpenEdge Visa, MC, Discover Cale kiosk, Walk-in, Phone Ingenico iSC250 6 $35,000 $415,000 175 2,100 Gardens Blackbaud, CyberSource Visa, MC, Discover Online, Walk-in, Phone Ingenico iSC250 $30,000 $350,000 100 1,200 Police Xcharge, PayPal Visa, MC, Discover, AMEX Walk-in, Phone Ingenico iSC250 5 $2,500 $30,000 80 960 Golf Chase PT, Plug-n-Pay, Openedge Visa, MC, Discover, AMEX Walk-in Card Swipers 6 $304,000 $3,650,000 6,500 77,000 Natural Areas/ Archery OpenEdge, PayPro, Chase PT Visa, MC, Discover Walk-in, Phone Ingenico iSC250 2 $5,500 $66,000 40 500