SOLICITATION OVERVIEW

Transcription

1 Merchant Card Services DUE: 9/2/15 SOLICITATION OVERVIEW The City of Irving is soliciting proposals for: TITLE: Merchant Card Services RFP Number: 001D-16F Due Date/Time: 3:00 p.m., Wednesday, September 2, 2015 Location: City of Irving, Purchasing Division 835 W. Irving Blvd. Irving, Texas Pre-Proposal Conference: *There will be no pre-proposal conference in conjunction with this RFP. Public Opening of Proposals: There will be a public opening of proposals in the Purchasing Division conference room immediately following the proposal due date/time. Only the names of proposers will be read aloud. Interested parties are invited to attend. Written Questions: Submit to: Darlene Humphries, Purchasing Manager at dhumphries@cityofirving.org, and Marsha Hughes, Purchasing Agent at mhughes@cityofirivng.org Questions may be submitted through 3:00 p.m., Friday, August 21, No verbal questions will be accepted Questions of a substantial nature will be addressed in an addendum and posted on the City s Purchasing Web page for all interested parties. 1

2 TABLE OF CONTENTS for RFP #001D-16F Solicitation Overview... 1 Table of Contents... 2 Specifications and General Requirements Summary Response Page Attachment A-2, Standard Terms and Conditions Attachment B-6, General Instructions to Proposers Attachment B-7, Special Instructions to Proposers Attachment B-4, Checklist for Proposers Attachment B-5, Map Locating Purchasing Division Attachment C-1, Conflict of Interest Instructions Attachment C-2, Conflict of Interest Questionnaire Attachment C-3, Federal Debarment Certification Attachment D-6, Indemnification by Contractor Attachment E-1, Environmental Commitment Attachment E-2, Environmental Stewardship Attachment F-1, Good Faith Effort Program Overview Attachment F-2, Good Faith Effort Affidavit Attachment I, Proposal Form Exhibit A, City of Irving Merchant Services Accounts Exhibit B, City of Irving Merchant Account History

3 RFP #001D-16F Merchant Card Services SPECIFICATIONS Purpose The City of Irving (the City ) is seeking proposals from qualified companies to become the City s merchant card service provider. This service includes processing payments received in person, by phone, and over the internet. Award will be made based on the evaluation criteria as stated herein. Background The City currently accepts Discover, Visa, and MasterCard credit cards and debit cards processed as credit cards at various City offices and locations for a variety of goods, services, and fees. The City desires the flexibility to accept debit card transactions using a pin pad or current industry standard. A listing of accounts is provided in Exhibit A along with credit card terminal, software, and payment gateway information for each. The total transactions and sales by merchant account for 2014 is listed in Exhibit B. These figures are not guaranteed under this RFP or any contract resulting from it. The current merchant services provider allows the City to authenticate the cardholder and use the card s magnetic strip to authorize and capture the transaction as well as manual entry of the credit card number. Minimum Qualifications Extensive experience processing payments for local government agencies and municipal utilities for taking all types of citizen credit card payments Demonstrated longevity as a stable, secure, and reliable vendor by showing at least 10 years of successful payment processing services and continued PCI-DSS compliance Provide a list of at least five Texas local government agencies for whom they provide payment processing currently Must support Visa, MasterCard and Discover credit cards as well as ACH (echeck ) payments across all payment channels including Web, IVR, mobile, counter, and kiosk Competitively based discount rates for the processing of three major credit cards: Discover, Visa, and MasterCard Must have the flexibility to support both convenience fee (i.e., citizens pay fees) and nonconvenience fee (i.e., City absorbs fees) payment options and have the ability to provide different pricing models for various City departments Dedicated account representative Online reporting services ACH debits must reference Merchant ID number Must have a consolidated reporting portal to allow City staff to view all payment types (credit, ACH) that are taken across all payment channels Transactions can be processed using gateway providers listed in Exhibit A 3

4 Allow staff to search for payments in real-time and manage daily batch posting and settlement, and cancel payments Provide EFT check validation and fraud protection Documentation of Payment Card Industry Data Security Standards (PCI-DSS) compliance Term and Pricing The duration of the contract entered into as a result of this RFP will be one (1) year with two (2) optional two-year renewal periods under the same terms and conditions. All fees shall be fixed for the entire 5-year duration of the contract if awarded. Provide a copy of current interchange rates. Do not include the interchange rates with the processing fees on the Proposal Form. Provide pricing for credit card processing charges on the Proposal Form (Attachment I). Specify any differences in discount rates and processing fees for Internet transactions. Please include all fees that may be applicable to the City s service. Provide pricing for all other fees and charges. Detail how and when these fees apply. Detail any government programs that the City may be able to take advantage of to lower its processing fees. For each merchant number, the City requires that its bank account be credited for the full amount of the sale daily and that all fees be electronically deducted from the City s bank account within 7 days of the following month. Provide the daily cutoff times for transactions. The fees and charges present in this proposal shall remain firm for the entire 5-year duration of the contract with the following exceptions: Increases or decreases in all applicable rates, fees, and assessments established and levied by Discover, MasterCard, and Visa against all merchant service providers Increases in applicable taxes levied by any State, Federal, or Local authority related to the delivery of the services provided by the merchant services provider Responses should acknowledge that the City reserves the right to add or delete City departments, locations, and/or merchant IDs. The City will not recognize an exclusivity contract. The merchant service provider shall notify the City thirty (30) days prior to the effective date of any change of the non-guaranteed conditions, exclusions, or service fee increases or decreases as determined by Discover, MasterCard, and Visa. Equipment and Software The City currently owns all equipment which is listed in Exhibit A except for the Library terminals which are leased. Respondents are invited to evaluate the equipment listing and propose an optimal solution, including flexibility to accept debit card payments, based on current industry standards and mandates. 4

5 Your proposal shall address the following with regard to equipment, repair and software: What is the warranty on new equipment purchased? What is the response time for equipment repair? Are loaner units available if equipment must be taken offsite for repair? If so, what is the loaner price? Is terminal information such as model #, serial #, and terminal # available for viewing by merchant account through your on-line reporting system? Please detail any fees associated with equipment, such as monthly maintenance fees or reprogramming fees. Must have demonstrable experience providing payment processing services behind Tele- Works, Inc., Web, and IVR citizen self-service solutions. Authorization The vendor shall: Perform an exact validation on the credit card number and expiration date Support timeout reversals Ensure that each transaction is assigned a unique identification number that will be stored and remain with the transaction through the transaction cycle, including authorization, adjustments, settlement, funding, and reconciliation Return an accept or decline message to the merchant within industry acceptable timeframe Support and program equipment provided to require address verification and security code data in authorization requests for transactions where either card is not present or the magnetic strip is not readable Support edits and voids before transactions are settled Process transactions in the most cost saving alternative available Provide backup procedures for alternative authorization in the event that any location is unable to access the system via computer or POS terminal (voice authorization capabilities) Settlement The City requires: Support of manual and automatic settlement batches Generate unique batch reference number, approval notification, and confirmation of settlement Allow merchant to create batch settlement reports that provide both summary and detail information for all card types Procedure in place to handle suspended (failed) batch transmissions Daily settlements All funds received from credit card sales must be deposited to an account at a financial institution designated by the City. Deposits to the City s depository account shall be made daily and reflect daily batch settlement totals. A separate electronic deposit for each merchant ID will be provided. 5

6 Settlement for the full amount of valid transactions captured through authorization and capture terminals will be electronically deposited. Discounted fees, chargebacks, or any miscellaneous debits shall not be subtracted from the amounts deposited. Those items must appear individually and service charges must be handled separately. Responses must acknowledge the City s choice in designating the account and financial institution for settlement, confirm daily deposits, confirm the ability to have one deposit per merchant number, and confirm the ability to deposit the full value of transactions with chargebacks, miscellaneous debits and service charges handled separately. Retrievals and Chargebacks Provide a detailed description on how your company handles retrieval and chargeback requests to include, at a minimum, the following information: What are your retrieval compliance timeframes? How would the City be informed when a chargeback is posted? Do you provide notification for this function? Please detail any fees associated with chargebacks. Reporting The City would like all accounts set up under one master chain. The City requires real-time online reporting services allowing viewing capabilities of all transactions by merchant number as well as exporting and downloading of all transactions for the City including merchant account statements. Provide details on a demo site for your online reporting portal, if available. The vendor shall be responsible for managing the online access of information by the merchants. This includes assigning viewing rights where necessary with the intention that each merchant is only privy to information related to their department. Only the Financial Services Department of the City of Irving may access all the information available for all merchants in the chain code. Staff at each individual location must be able to print a daily report from either the computer or POS terminal printer which would include the following information about each transaction: Operator identification number Last four digits of cardholder number Date and time of transaction Unique trace or other unique reference number Card type Accepted/declined status Sale/return code Authorization/approval code Dollar amount of transaction Explain your reporting process and ways in which the reporting cycle can be customized. Include a list of reports available through your online reporting services. Provide sample reports including a sample monthly merchant account statement. 6

7 Your proposal shall also include the following additional details with regard to reporting: What file formats are available for exporting and downloading? How long is information available through the online reporting system for research purposes? How long are merchant account statements available online? Please detail any fees associated with online reporting services. Monthly Statements and Billing Individual Merchant ID statements shall be provided monthly. Provide a copy of your monthly statement with sample transactions. At a minimum, the monthly statements should contain: Monthly summary by card type showing total number of sales, amount of sales, total number of credits, amount of credits, and net sales Daily transaction detail by card type showing total number of sales, amount of sales, and amount of credits Itemization of all fees The City requires hard copy statements within 5 business days after the end of each month, as well as access to online statements within 3 business days after the end of each month. The City will be debited for any and all merchant processing fees once per month according to individual Merchant ID via Automated Clearing House (ACH). The account to be debited will be designated by the Financial Services Department of the City of Irving. Separate ACH debits are allowable and preferred for chargebacks. All ACH debits must reference the Merchant ID number and is a minimum qualification. Fees will not be netted against transaction dollar volume and monthly debits will correspond to the monthly statement. Responses should describe the billing procedures, and confirm the once-monthly and per Merchant ID monthly billing as outlined above. Training and Customer Service Upon selection, the merchant card processor shall provide initial training for users, and follow-up training as requested by the City. All initial training shall be provided at no cost to the City and shall be conducted either at various City premises as designated by City staff, or via online solution provided by vendor. The vendor shall be responsible for training and communicating the terms of this contract to all of its employees. The merchant card processor shall designate one account officer with authority and responsibility for the City s entire account. The dedicated representative will be reasonably available during normal business hours (M-F 8am to 5pm CST) via and telephone. The vendor will identify a backup to the dedicated representative at all times. The name, direct phone number, and address for the dedicated representative should be provided in the response. 7

8 The merchant card processor shall provide a customer service (help desk) telephone number to be used by the departments or individual merchants for routine questions and troubleshooting. When departments are unable to resolve problems via the help desk, the Financial Services Department of the City of Irving will contact the dedicated representative for resolution. Describe your help desk and other support functions to include, but not limited to: The individual that will service and support this account and his or her functional responsibility throughout the full term of this contract Expertise and size of staff Hours of operation and after hours response time for system and equipment failure New customer training and account set-up Actual response time for inquiries Remediation and reconciliation procedures Implementation Process The implementation plan for this system is critical to the success of this program. Please provide detailed information regarding the program launch, including the project timeline (milestone dates) for implementing and transitioning from the City s current provider to your institution. Provide a detailed list of tasks, resources, and information required to implement go-live in your processing environment. The City s responsibilities and vendor s responsibilities during the implementation process shall be clearly defined. Identify the dedicated transition team manager in addition to customer service to be provided during the implementation period. Please detail all implementation costs. Security and Disaster Recovery Describe your security and encryption procedures. Describe security controls and safeguards in place to protect credit card transaction information and funds, and prevent unauthorized user access to either the system or the data. Proposers must confirm a fully Payment Card Industry Data Security Standards (PCI-DSS) compliant solution under this RFP and an understanding that PCI compliance is to be maintained at all times. Responses must indicate current documented PCI compliance as this is a minimum qualification. In addition, upon award, vendor will provide their PCI-DSS compliance certificate to the Financial Services Department of the City of Irving annually. Describe your local back up and/or redundant systems. What is the expected timeframe for the merchant processor to become operational should a catastrophic event occur? 8

9 CONTENTS OF PROPOSALS A responsive proposal shall include responses to all information requested in pages 3-8 of this specification and shall be organized in the same manner as the specification. In addition, respondent shall include a copy of their Payment Card Processing Agreement and shall complete and include all forms required by this Request for Proposals. SUBMISSION OF PROPOSALS Three copies of the Proposal and an electronic copy on CD or flash drive shall be enclosed in a sealed envelope in addition to the original. The envelope should have 001D-16F Merchant Card Services marked clearly on the face of the envelope. Any Proposal received at the location designated below after the exact time specified for receipt shall not be considered. Proposal shall be addressed to: City of Irving Purchasing Division 835 W. Irving Boulevard Irving, Texas All proposals are due in the Purchasing Division no later than 3:00 p.m. on September 2, Proposals received after this time will not be considered. All proposals become property of the City of Irving upon receipt. Any information deemed to be confidential by the respondent should be clearly noted on the page or pages where such confidential information is contained. The City of Irving cannot guarantee that it will not be compelled to disclose all or part of any public record under the Texas Open Records Act, since information deemed to be confidential by the Consultant may not be considered confidential under Texas Law. AWARD OF CONTRACT A. A contract will be awarded to the respondent whose Proposal will be most advantageous to the City of Irving, as determined by the evaluation factors listed herein. B. The City of Irving reserves the right to reject any or all Proposals and to waive informalities and minor irregularities. C. The City of Irving may accept, within the time specified herein, any Proposal in whole or in part, whether or not there are negotiations subsequent to its receipt. D. Subsequent to receipt and evaluation of Proposals, the City of Irving reserves the right to accept the response best meeting evaluation criteria established in the RFP. E. The City of Irving will require the successful respondent to enter into a contract with the City of Irving. No work shall commence until the contract documents are signed. 9

10 STANDARD TERMS AND CONDITIONS Attachment A-2 1. Application These standard terms and conditions shall apply to all City of Irving (hereafter City ) solicitations and procurements, unless specifically excepted in the solicitation specifications or additional documents negotiated by the parties prior to formal award. 2. Requirements By submitting a proposal, the respondent agrees to provide the City of Irving with the agreed-upon services described in the solicitation in accordance with these standard terms and conditions, at the agreed upon price and in compliance with the stated specifications, any subsequent addendums issued prior to the date of the opening, and any negotiated terms subsequent to the acceptance of proposals. 3. Legal Compliance Proposer must comply with all Federal, State and Local laws, statutes, ordinances, regulations and standards in effect at the time of delivery of goods and services, and must maintain any and all required licenses and certificates required under the same laws, statutes, ordinances, regulations and standards for services and/or goods provided in response to this solicitation. 4. Estimated Quantities If the solicitation indicates estimated quantities, such quantities are estimates only and not guaranteed amounts. The actual amount ordered over the contract period may be more or less than the estimate. Quantities represent the City s best estimate, based on past history and anticipated purchases. 5. Modifications and Addendums The City shall have the right to modify any of the solicitation documents prior to submission deadline and will endeavor to notify potential proposers, but failure to notify shall impose no liability or obligation on the City. All modifications and addendums must be in written form prepared by the City department issuing the solicitation. Proposers are responsible for incorporating any and all modifications and addendums into their submissions. 6. Interpretation of Solicitation Documents The City is the final judge of the meaning of any word(s) sentences, paragraphs or other parts of the solicitation documents. Proposers are encouraged to seek clarification, before submitting a proposal, of any portion of the proposal documents that appears to be ambiguous, unclear, inconsistent, or otherwise in error. Clarifications will be in writing. 10

11 7. Late Proposals Proposals must be received in the Purchasing Office by the time specified in the solicitation. The City will not accept late submissions and is not responsible for the lateness or non-delivery of proposals by the Postal Service or any private delivery firm. The time/date stamp in the Purchasing Office shall be the official time of receipt. 8. Minor Irregularities The City reserves the right to waive any minor irregularities that do not materially affect the scope or pricing of submitted proposals 9. Responsiveness of Proposals The City wants to receive competitive proposals, but will declare non-responsive submissions that fail to meet significant requirements outlined in the solicitation documents. 10. Withdrawal of Proposals Proposers may withdraw any submitted proposals prior to the submission deadline. Proposers may not withdraw once the proposals have been publicly opened, without the approval of the City s purchasing manager. Proposers who no longer wish to negotiate with City will be allowed to withdraw proposals. However, once a proposal has been withdrawn, it can no longer be considered. 11. Disqualification of Proposer The City may disqualify proposers, and their proposals not be considered, for any of the following reasons: Collusion among proposers; Proposer s default on an existing or previous contract with the City, including failure to deliver goods and/or services of the quality and price proposed or agreed upon; Proposer s lack of financial stability; any factor concerning the proposer s inability to provide the quantity, quality, and timeliness of services specified in the solicitation; proposer involved in a current or pending lawsuit with City; proposer s attempt to influence the outcome of the solicitation through unauthorized contact with City officials outside of those listed in the solicitation documents; and proposer s attempt to offer gifts, gratuities, or bribes to any City employee or elected official in connection with a solicitation. 12. Cost of Submission The cost of submitting proposals shall be borne by the proposers, and the City will not be liable for any costs incurred by a proposer responding to this solicitation. 13. Failure to Deliver Services If a proposer is unable to deliver the quantity or quality of specified services, or is unable to deliver within a time period agreed upon prior to award, the City shall be authorized to purchase from any other available source, consistent with State of Texas procurement statutes. 14. Taxpayer Identification Proposers must provide the City a current W-9 Request for Taxpayer Identification and Certification before services can be procured from the proposer. 15. Taxes The City is exempt from all federal excise taxes and all state and local sales and use taxes. If such taxes are listed on a proposer s invoice, they will not be paid. Additionally, proposers cannot use the City s tax exemption status to purchase goods or services related to this solicitation. 11

12 16. Payment Payment will be made as agreed upon in the deliverables section of the final proposal. Proposer is entitled to interest, at a rate stipulated by state law, if payment is not made within thirty days. Partial payments may require payment and performance bonds. 17. Outstanding Liabilities Proposers shall not have outstanding, unpaid liabilities owed to the City. Liabilities may include, but are not limited to, property taxes, hotel occupancy taxes, license or permit fees, and water bills. Proposals will be considered non-responsible and not given further consideration if submitted by a proposer with such outstanding liabilities. 18. Offset The City may, at its option, offset any amounts due and payable under a contract award under this solicitation against any debt lawfully due the City from a vendor, whether or not the amount due arises pursuant to the terms of the contract and whether or not the debt has been reduced to judgment by a court. 19. Independent Contractors It is expressly agreed and understood by both parties that the City is contracting with the successful proposer as an independent contractor. The City shall not be liable for any claims which may be asserted by any third party occurring in connection with services performed by the successful proposer, and the successful proposer has no authority to bind the City. 20. Governing Law All proposals submitted in response to this solicitation and any resulting contract shall be governed by, and construed in accordance with, the charter and ordinances of the City of Irving, and the laws and court decisions of the State of Texas. 21. Controlling Document In the case of a discrepancy between this solicitation and the formal contract, the formal contract will prevail and control. 22. Assignment Proposer shall not assign, transfer, or pledge a contract awarded under this solicitation, in whole or in part, with the prior written consent of the City s purchasing manager. Assignment of this contract, if approved by the City, shall not relieve the proposer s obligations under the contract. Approval by the City of one assignment shall not constitute approval of any future assignment of the contract. 23. Termination If an awarded proposer fails in any manner to fully perform each and all of the terms, conditions and covenants of a contract awarded by this solicitation, he shall be in default and notice of default shall be given to the proposer by the City s purchasing manager. In the event that Vendor continues in default for a period of thirty (30) days after receipt of the above-mentioned notice of default, City may terminate or cancel the contract. The City may also cancel a contract for convenience and without cause with thirty days notice. In any cancellation of contract, the City will pay the proposer for any and all services provided and accepted up to and including the date of termination. 24. Indemnification Proposer shall defend, indemnify, and hold harmless the City of Irving, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by 12

13 proposer s breach of any of the terms or provisions of any contract awarded as a result of this solicitation, or by any negligent or strictly liable act or omission of the proposer, its officers, agents, employees, or subcontractors, in the performance of an awarded contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of the proposer and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 25. Venue The obligations of the parties under a contract awarded through this solicitation are performed in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall be within Dallas County, Texas. 26. Funding State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Orders or other obligations that may arise beyond the end of the current fiscal year shall be subject to approval of budget funds. 27. Solicitation Results The City normally posts solicitation results on-line by the end of the next business day after submissions are received. The City s website is Results are on the Purchasing Solicitation page, in the same place as the original solicitation documents. In the case of RFP s, only the names of the proposers are listed. Results are for informational purposes only, and are not a notice of award. 28. Open Records Proposals do not become public record until an award is made. Trade secrets and other material considered confidential by the proposer should be clearly marked as such. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a bid, the City will forward the appropriate documents to the Attorney General of Texas who will contact the bidder to request sufficient written reasons and information as to why the information should be protected from disclosure. Upon review of the proposer s response, the Attorney General will make a determination as to the confidentiality of the requested material(s), or lack thereof, and the City will respond accordingly. 13

14 GENERAL INSTRUCTIONS TO PROPOSERS Attachment B-6 1. Securing Request for Proposals Request for Proposals may be downloaded at no cost from the Purchasing page of the City s website, The City of Irving does not charge for solicitation documents. If third-parties offer specifications or solicitation information for a fee, they do not represent the City. The City may charge for plans and drawings for construction solicitations. 2. Submission of Sealed Proposals/Late Proposals Proposals are to be submitted in a sealed envelope or package and labeled with the proposer s name and the solicitation name & number. All proposals must be submitted to the City of Irving Purchasing Division no later than the date and time indicated in the solicitation. All times listed are local times. It is the proposer s responsibility to ensure that proposals are delivered/received by the specified time. Late proposals will not be accepted and will be returned unopened. If pricing is submitted, it must be in US dollars and cents. 3. Legal Name of Proposer In completing the Summary Response Page, the proposer must list the legal name of the proposer s company. This is the name that will be on all contracts, awards, and purchase orders. The Summary Response Page also requires a statement as to the legal status of the proposer (corporation, partnership, sole proprietorship, etc.). The Summary Response Page should be the first document in the proposer s response. 4. Signature The signature on the Summary Response Page must be in ink and from an individual with the authority to commit the company to the delivery of the goods or services at the prices and terms stated. 5. Altered Proposals Any alterations, erasures or strikethroughs made by the proposer prior to submission of the proposals must be initialed by the proposer to guarantee authenticity. 6. Payment Terms, Discount & Type of Payment Proposers may express the method(s) in which he or she wishes to receive payment. If invoice states a payment term discount offer, the City will take advantage of this discount and payment will be made accordingly. 7. References When references are requested, the Summary Response Page will indicate how many references and will state what other conditions may apply to the references. Proposer will attach a separate page with the requested references. 8. Conflict of Interest Proposers should review the instructions on conflict of interest (Attachment C-1). Proposers are to complete and submit the Conflict of Interest form (Attachment C-2), when a conflict of interest exists. 9. Environmental Stewardship Proposers are encouraged to review the City s commitment to the environment (Attachment E-1). Proposers are to complete and submit the Environmental Stewardship form (Attachment E-2). 14

15 10. Good Faith Effort Proposers are encouraged to review information on the City s Good Faith Effort program (Attachment G-1). Proposers are to complete and submit the Good Faith Effort Affidavit (Attachment G-2). Recommended proposer(s) will be required to complete the additional GFE forms as part of the award process. 11. Addendums It is the proposer s responsibility to alter his proposal response based on information updated in one or more addendums to this solicitation. Addendums will be posted on the Purchasing solicitation page of the City s website at least four days before the proposal due date. Efforts will be made to ensure that proposers receive notice of addendums, but the ultimate responsibility rests with the proposer. 12. Checklist A Proposer s Checklist (Attachment B-4) is included with the solicitation package. The checklist is an aid to the proposer in knowing which documents to submit. 13. Hot Line Vendors may call to anonymously report instances of fraud, waste or abuse. Please provide as many details as possible. 15

16 SPECIAL INSTRUCTIONS TO PROPOSERS Attachment B-7 1. Proposal Process/Contact Information The City of Irving is aware of the time and effort proposers spend in preparing and submitting proposals. We will work with you to make the process as easy as possible. If you have questions or concerns about the proposal process, please contact: Darlene Humphries, Purchasing Manager Method of Award Award will be made to the responsive respondent scoring the highest points, as determined by the City s evaluation team and based on the evaluation criteria specified in this solicitation. Awards totaling $50,000 or more will be made by the Irving City Council. 3. Public Opening of Proposals A public opening of proposals will be held at 3:00 p.m. on September 2, 2015 in the Purchasing Conference Room, 835 W. Irving Blvd., Irving, TX The only information required to be made public in this opening is a list of who responded. Following negotiations with one or more proposers and the subsequent award, proposals become open to public review, within the guidelines of the State Attorney General. 4. Presentations & Interviews The City may choose to interview and/or receive oral presentations from selected finalists. However, award may be made without discussion with the respondents, so proposers are cautioned that proposals should be submitted initially on the most favorable terms. 5. Organization of Proposal Responses The response should be organized in the same reference sequence as the specifications. Original proposals may be submitted in loose-leaf binders, but not spiral-bound or perfectbound. Proposal copies may be submitted in a binding of your choice. 6. Pre-Proposal Meetings There will be no pre-proposal meeting in conjunction with this RFP. 7. Required Contracts This solicitation requires signed contracts prior to award. A sample contract shall be included with your proposal. Actual contract will be based upon negotiations with recommended proposer prior to award. 8. Insurance Requirements This solicitation has insurance requirements. They are listed as Attachment D-2, D-4, and D-6. Please review the requirements with your insurance agent and submit insurance affidavit (Attachment D-4) with your proposal. 16

17 9. Background Check The City of Irving reserves the right to run background checks on employees of the proposers and will determine if background is acceptable for award of the contract. 17

18 CITY OF IRVING RFP # 001D-16F CHECKLIST FOR PROPOSERS Attachment B-4 PROPOSERS CHECKLIST: (Documents to be submitted in response to this RFP) PROPOSAL (including all information requested) PRICING PAGES (all items completed) PROPOSAL COVER PAGE: Completed Summary Response Page DUE DATE (Proposal must be received & stamped in Purchasing no later than 3:00 pm on September 2, 2015) Proposals failing to comply with the above will be deemed non-responsive. These items are also be turned in with your proposal. THREE ADDITIONAL BOUND COPIES AND ONE DIGITAL COPY on CD or Flash Drive (in addition to the Original) CONFLICT OF INTEREST STATEMENT (If applicable) (Attachment C-2) FEDERAL DEBARMENT CERTIFICATION (Attachment C-3) AFFIDAVIT FOR INSURANCE REQUIREMENTS (Attachment D-4) INDEMNIFICATION BY CONTRACTOR (Attachment D-6) ENVIRONMENTAL STEWARDSHIP (Attachment E-2) GOOD FAITH EFFORT AFFIDAVIT (Attachment F-2) STANDARD CONTRACT (Attachment H-7) IRS FORM W-9 18

19 Location of City of Irving Purchasing Division Attachment B-5 City of Irving Purchasin 19

20 CITY OF IRVING SUMMARY RESPONSE PAGE for RFP 001D-16F COMPLETE LEGAL NAME of firm submitting proposal: Mailing Address: City, State, & Zip: Phone: Contact: Authorized Signature Date Signature indicates proposer accepts the specifications, terms and conditions of this solicitation and that proposer is not delinquent on any payment due the City nor involved in any lawsuit against the City. Print Name Title PROPOSING as a Corporation Non-Profit Corporation Limited Liability Company Partnership Individual or Sole Proprietor M/WBE: If you are a minority-owned or woman-owned business, please check which type and list any certification number Black Hispanic Asia-India Asia-Pacific Native American Woman-Owned Certification # PAYMENT PREFERENCE: Check all that apply: EBT (electronic bank transfer) Check Credit card A current W-9 must be submitted by vendors receiving an initial award from the City of Irving. COOPERATIVE PURCHASES: Should other governmental entities decide to participate in this contract, would you agree that all terms, conditions, specifications and pricing would apply? Yes No. If other governmental entities choose to participate, each entity will place its own order and be responsible for its own payments. 20

21 INSTRUCTIONS for CONFLICT OF INTEREST QUESTIONNAIRE Attachment C-1 1. If you have a conflict of interest in doing business with the City of Irving, use Attachment C-2, Conflict of Interest questionnaire. Conflicts of interest are addressed in Texas Local Government Code, Chapter You may consult your attorney on questions arising from the reading of Texas Local Government Code, Chapter 176, and you may contact the Texas Ethics Commission at or If you complete Attachment C-2, Conflict of Interest questionnaire: Put the name of bidder and name of company in block #1. If any person employed by bidder or bidder s company has any known business conflicts, other than previous contracts awarded through a competitive bidding process, or has an existing relationship with any employee of the City of Irving, list that information in blocks #3, #4 and/or #5 as appropriate. Sign in block #6. 4. COI form is good for one year, and must be re-filed if conflict still exists. 5. Listings of City elected officials and local government officers may be found on the City s website: 6. A person failing to file a Conflict of Interest questionnaire, when required by Local Government Code, Chapter 176, commits a Class C misdemeanor. 21

22 Attachment C-2 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section (a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Adopted 01/13/

23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES. This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict. 7 Signature of person doing business with the governmental entity Date Adopted 01/13/2006 Solicitation #001D-16F Printed Name of Proposer 23

24 Federal Debarment Certification Attachment C-3 Under Executive Order 12549, bidders and proposers must complete the following certification in order to receive a contract or award in which Federal dollars are utilized. Bidders or proposers who are debarred or suspended by the Federal government are ineligible to receive award. City of Irving staff will verify accuracy of this certification. PLEASE CHECK APPROPRIATE SPACES: To the best of my knowledge and belief, (1) The bidder/proposer and/or any of its principals (check one) are or are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) The bidder/proposer and/or any of its principals (check one) have or have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for; commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of proposers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (check one) are or are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. Company Name Signature Title Date 24

25 INDEMNIFICATION BY CONTRACTOR Attachment D-6 The contractor agrees to defend, indemnify, and hold harmless the City of Irving, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by contractor s breach of any of the terms or provisions of this contract, or by any negligent or strictly liable act or omission of contractor, its officers, agents, employees, or subcontractors, in the performance of this contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of contractor and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The liability that is assumed by Contractor under the terms of this paragraph shall not exceed the sum of the required amount of liability coverage to be carried by the Contractor under this contract. CONTRACTOR (Company Name) SIGNATURE PRINTED NAME PRINTED TITLE 25

26 ENVIRONMENTAL COMMITMENT & COMPLIANCE Attachment E-1 In January, 2009, the Irving City Council adopted an environmental policy, acknowledging that it is our financial, social, and environmental responsibility to our citizens to ensure a greater future for Irving and its residents. The City of Irving is committed to becoming an environmentally sustainable community by providing leadership to conserve, protect, and improve the environment for the benefit of our citizens. The City will integrate sustainable social, economic and environmental objectives into decision-making processes to maintain high standards of living, social harmony, and environmental quality. Because the City of Irving is committed to protecting the environment and becoming a successful environmentally sustainable community, it is essential that environmental considerations be a part of all City activities and operations. This commitment is demonstrated through; Compliance Environmental Sustainability Continued Improvement Pollution Prevention As a contactor/vendor/consultant for the City of Irving your environmental performance is critical in meeting the City s commitment to protect the environment and comply with all environmental laws and regulations. It is your responsibility as a contractor to know which of the many laws, ordinances, and regulations relating to the protection of the environment relate to the work you are doing for the City of Irving. It is also your responsibility as a contractor to comply with all applicable laws and ensure all requirements imposed by these laws are met The City of Irving has is committed to being a good steward of the environment. We expect your commitment, as a City contractor, vendor, or consultant, to the same goal. Current information about the City s various green initiatives may be found on the City s website at 26

27 ENVIRONMENTAL STEWARDSHIP Attachment E-2 Recognizing the importance of exercising positive environmental stewardship, The City of Irving is pro-active in encouraging environmentally-sound practices in our operations and among our residents, businesses, and suppliers. Please review the specifications or scope of work for this solicitation for any environmental requirements. Check any of the following which apply to your business operation, and list details: Recycling Energy Efficiency Practices Environmentally Preferred Water/Energy Conservation Air Quality/Emissions Disposal Practices Other Environmentally Friendly Practices Bidder, Proposer or Submitter: Solicitation #001D-16F Date 27

28 GOOD FAITH EFFORT PROGRAM OVERVIEW Attachment F-1 All bid documents and proposal packages must include the signed GFE affidavit affirming the bidder/proposer s intent to comply with the City s Good Faith Effort program. Unless otherwise indicated in the ITB or RFP documents, no other GFE documentation will be required at time of bid or submission. Upon notification of intent to recommend award of contract, the apparent low bidder/most advantageous proposer has up to five (5) business days to submit the appropriate GFE forms to the City s M/WBE Program Administrator. Required GFE forms must be submitted prior to award by City Council. The GFE forms are: GFE-1 Good Faith Effort Affidavit (included as Attachment F-2) GFE-2 Schedule of M/WBE Participation GFE-3 Good Faith Effort Log GFE-4 Intent to Perform as a Sub-Contractor GFE-5 Payment Report NOTE: Forms GFE-2 thru GFE-5 are available on the City s website in the Purchasing section, under Forms. 1. All bidders or proposers must submit form GFE-1, Good Faith Effort Affidavit. 2. Prime contractors who are tentatively recommended for award and who will meet or exceed the GFE goal must submit the following additional forms: GFE-2 Schedule of M/WBE Participation GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor) 3. Prime contractors who are tentatively recommended for award and who will NOT meet or exceed the GFE goal must submit the following form: GFE-3 Good Faith Effort Log In addition, if the contractor has partial participation toward the goal, the following forms are also submitted: GFE-2 Schedule of M/WBE Participation GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor) 4. The awarded contractor will submit the following form monthly to verify that the sub-contracting work is being done as agreed upon: GFE-5 Payment Report For any GFE communication: Call or