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HomeMy WebLinkAboutRFQ 23-16, Request for Quotation for Merchant Processing ServicesREQUEST FOR QUOTE GOLF COURSE MERCHANT PROCESSING SERVICES Don Wixon City of Sebastian 1225 Main Street Sebastian, FL 32958 PROCUREMENT DIVISION EVENT DATE TIME RELEASE DATE: Monday, September 11, 2023 - QUESTIONS DUE DATE/TIME: Thursday, September 14, 2023 2:00 PM LOCAL TIME QUOTE DUE DATE/TIME: Monday, September 18, 2023 2:00 PM LOCAL TIME POINT OF CONTACT: Don Wixon Procurement/Contracts Manager Phone: (772) 388 – 8231 Email: dwixon@cityofsebastian.org QUOTE DELIVERY, QUOTE E-MAIL LOCATION: City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 *Dates in this schedule occurring after the release date may be amended by the City. It is the Proposer’s responsibility to check for addenda amending any changes to this QUOTE. Industry Standard Merchant Processing Services System RFQ #23-16 Page 2 of 24 REQUEST FOR QUOTE Palm – Monday, July 18, The City of Sebastian is seeking quotes from qualified and well established Companies to furnish all labor, and materials, to provide and deliver the Golf Course Merchant Processing Services. The proposed Merchant Processing Services are to meet or exceed industry standards. The deadline to submit questions concerning this RFQ will be Thursday, September 14, 2023, at 2:00 P.M. Local Time. Any and all questions shall be emailed (directed) ONLY to the Procurement/Contracts Manager at dwixon@cityofsebastian.org. All communication regarding this RFQ shall be directed to the same point of contact. Contact by a Proposer (or anyone representing a Proposer) regarding this RFQ with the City Council or a City employee/representative other than the point of contact listed above, is grounds for disqualification. All quotes are due by Monday, September 18, 2023, by 2:00 PM Local Time. Proposers will have the option to submit by E-Mail or physically (in-person or mailed). In-person or mailed submissions shall provide one-(1) clearly marked original, and two-(2) copies, marked with the Proposer’s name and address, RFQ number and title with Solicitation Due date and time (lower left corner of envelope). All physical, in-person submissions must be delivered or mailed to: City of Sebastian Don Wixon ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 Late Quotes will not be considered, reviewed or announced. All quotes submitted to the City, even if unopened become public record. The City reserves the right to reject any and all Quotes, or to accept any Quote or portion thereof deemed to be in the best interest of the City, and to waive any non-substantial irregularities. By: Don Wixon Procurement/Contracts Manager The City of Sebastian supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Access. IMPORTANT: Contact by a Proposer (or anyone representing a Quote) regarding this QUOTE with the City Council or a City employee/representative, from the date of release until after a contract is approved by the City Council, other than the point of contact listed above, is grounds for disqualification. Industry Standard Merchant Processing Services System RFQ #23-16 Page 3 of 24 TABLE OF CONTENTS INVITATION TO QUOTE ........................................................................................................................................ 2 TABLE OF CONTENTS ............................................................................................................................................ 3 DEFINITIONS ............................................................................................................................................................. 3 SECTION 1 – GENERAL QUOTE INFORMATION ............................................................................................. 4 SECTION 2 - INSTRUCTIONS TO QUOTERS ..................................................................................................... 5 SECTION 3 – GENERAL CONDITIONS ................................................................................................................ 8 SECTION 4 – REQUIRED FORMS ....................................................................................................................... 16 STATEMENT OF NO QUOTE ............................................................................................................................. 16 QUOTE SUBMISSION CHECKLIST ................................................................................................................... 17 CONTACT INFORMATION SHEET ................................................................................................................... 18 REFERENCE LIST ................................................................................................................................................ 19 DRUG-FREE WORKPLACE FORM .................................................................................................................... 20 NON-COLLUSIVE AFFIDAVIT .......................................................................................................................... 21 ADDENDA ACKNOWLEDGEMENT…………………………...………………………………………………2 2 DOCUMENT NOTIFICATION AFFADAVIT.......................................................................................................23 EXHIBITS: EXHIBIT “1” QUOTE PROPOSAL DEFINITIONS Invitation to Quote: this Solicitation document, including any and all addenda. Quote: submission in response to this Invitation to Quote. Proposer: person or firm submitting a Quote in response to this Invitation to Quote, “pre-award”. Contractor: selected Proposer that is awarded a purchase order to provide the goods or services to the City, “post- award”. City: refers to the City of Sebastian. Purchase Order: Invitation to Quote, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the purchase order between the City and the awarded Proposer. Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the QUOTE. Responsive Proposer: Proposer who’s Quote fully conforms in all material respects to the QUOTE and its entire requirement, including form and substance. Days: refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. Industry Standard Merchant Processing Services System RFQ #23-16 Page 4 of 24 1. SECTION 1 – GENERAL QUOTE INFORMATION 1.1 SCOPE OF WORK The City of Sebastian is seeking quotes from qualified and well established Merchant Processing Services to furnish all labor, material/products, and training, to provide and deliver an Industry Standard Merchant Processing Services System to replace the City’s current Industry Standard Merchant Processing Services System. The proposed system shall meet or exceed the City’s existing industry standards system. 1.2 METHOD OF AWARD The City, in its sole discretion, may award this Quote to the lowest, most responsive and responsible Proposer whose price, experience and qualifications prove to be the most beneficial to the City. The City reserves the right to reject low Quotes, to waive irregularities and/or inconsistencies in any Quote, and to award this Contract in a manner deemed to be in the City’s best interest. 1.3 AGREEMENT TERMS This RFQ will result in a three-(3) year agreement. If selected, what is your fully operational delivery time in days, include in Exhibit 1, Quote Proposal Form. 1.4 LIQUIDATED DAMAGE The City shall be entitled to liquidated damages in the amount of One -Hundred (100.00) dollars per day for every day that the Contractor is late in delivering the Industry Standard Merchant Processing Services System to replace the City’s current Industry Standard Merchant Processing Services System, as stipulated in this agreement, and quoting documents. Said damages shall be deducted by the City from monies due Contractor. END OF SECTION Industry Standard Merchant Processing Services System RFQ #23-16 Page 5 of 24 3. SECTION 2 - INSTRUCTIONS TO PROPOSERS 2.1 CONE OF SILENCE Proposers shall not communicate in any way with City staff or the City Council other than the primary contact listed herein. This restriction shall be effective from the time of quote advertisement until an award is made by the City Council. Such communication may result in disqualification. 2.2 REQUIRED COPIES One (1) original (marked original), and two–(2) copies of the quote submittal shall be submitted. Please refer to the Quote Submission Checklist for all requirements. 2.3 QUOTES Will be accepted by e-mail, hand delivered, or by mail. The Quote shall be submitted no later than the Quote Due date and time mentioned on the Request for Quote. The City will not be responsible for any quotes that are not clearly marked. Quotes shall be submitted to City Hall, 1225 Main Street Sebastian, FL 32958. Quotes that are submitted to other locations or delivered to the wrong location may not be considered. It shall be the sole responsibility of the proposer to ensure their quote proposal at the proper location and at the time specified in the quote documents. 2.4 QUOTES NOT CONSIDERED Quotes not considered are Late Quotes, telegraphed, or faxed Quotes and Quotes that may not conform to the instructions contained in the Invitation to Quote. Quotes ma y be withdrawn by fax or email, provided that such notices are received prior to the Quote due date and time. 2.5 ACCEPTABLE QUOTES Original QUOTES shall be handwritten (Marked Original) and filled in with (blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink. Handwritten submissions must be legible. 2.6 LATE QUOTES Late Quotes will not be considered, reviewed or announced. All quotes submitted to the City, even if unopened become public record. 2.7 NO QUOTE If unable to submit a Quote, please complete and return the “Statement of No Quote” form prior to the Quote Due date and time shown herein. Return by email (dwixon@cityofsebastian.org) or by mail. 2.8 QUOTE DUE DATE & TIME Proposers are welcome to attend the quote review; however, attendance is not mandatory. Quotes shall be opened and publicly announced on the date and time specified on the Invitation to Quote, unless otherwise stated in the form of an addendum. 2.9 QUOTE EXAMINATION In accordance with Chapter 119, Florida Statutes, quote files will be made available for public inspection at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the response due date and time, whichever is earlier. Quote files may be examined during normal working hours, by appointment only, by contacting the City Clerk’s office at 772 -589-5330. 2.10 REQUIRED INFORMATION Proposers shall follow all instructions and provide all required information and forms to be considered for award. Proposers wishing to qualify for consideration of exception for all or any portion of the quote shall provide a hand printed or typed explanation on the quote or separate attachment to be submitted with the quote. Industry Standard Merchant Processing Services System RFQ #23-16 Page 6 of 24 2.11 CONFIDENTIAL INFORMATION Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked “Confidential Financial Statement Enclosed.” By submission of a response to this RFQ the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 2.12 ADDENDA Addenda may be issued in response to any inquiry received by the Question deadline date and time specified herein. The revisions, additions, deletions, clarification, etc. shall become part of and have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other documents, specifications, drawings, terms and conditions remain the same. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in the Solicitation documents or in the addenda issued. It is the Proposer’s responsibility to ensure receipt of all addenda and any accompanying attachments before submitting Quote. The Proposer is required to include all addenda signed with quote submission. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 2.13 DRUG-FREE WORKPLACE The Drug-Free Workplace form, as attached hereto, shall be submitted with the quoting documents. 2.14 REFERENCES A list of References is required to be submitted with the Quote submission. It is preferred that references be for projects performed for public/government agencies. Failure to submit a list of references with valid contact information may result in the quote being deemed non-responsive and may not be considered for award. 2.15 CORRECTIONS, CANCELLATION, & WITHDRAWAL Proposers may be asked to provide further information after quote due date and time to determine the responsibility of the vendor. 2.15.1 Waiver of Technicality: Information shall not be considered after the quote due date and time unless it has been specifically requested to be provided with the quote and becomes a matter of responsiveness. The quote shall be considered responsive if it substantially conforms to the requirements of the Invitation to Quote. The City may waive any informality, technicality, or irregularity on any quote. A minor or non- substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. 2.15.2 Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected by the Procurement/Contracts Manager. In cases of errors in mathematical computations, the unit prices shall not be changed. 2.15.3 Cancellation or Postponement: The City of Sebastian Procurement/Contracts Manager may cancel or postpone the quote due date or cancel the Invitation to Quote in its entirety. 2.15.4 Withdrawal: Prior to any published quote due date and time, a Proposer may withdraw his or her quote in writing. A fax is permitted for this purpose, provided a confir ming telephone call is made. 2.15.5 Amendments: Prior to any published quote due date and time, a Proposer may amend the quote provided that it is in writing, in a sealed envelope, and identified. 2.16 QUOTE GUARANTEE The Proposer warrants that the unit prices, terms, and conditions quoted in the requested quote will be firm for acceptance for a period of not less than one-hundred (120) days from the quote due date and time. Such prices will remain firm for the period of performance of resulting purchase orders or co ntracts which are to be performed. Industry Standard Merchant Processing Services System RFQ #23-16 Page 7 of 24 2.17 QUOTE AWARD The contract/agreement may be awarded, in the City’s sole discretion, to the lowest, most responsive and responsible Proposer whose quote, conforming to the specifications and Instructions for Proposers, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Proposers and post on the City’s website, if required. 2.18 REJECTION OF QUOTES The City, in its sole discretion, reserves the right to reject any and all Quotes, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Proposer, and the right to disregard all non-conforming, non-responsive, imbalanced, or conditional Quotes. More than one (1) Quote from an individual, firm or association under same or different names, will not be considered. Any or all Quotes will be rejected if there is reason to believe that collusion exists among the Proposers, and no participants in such collusion will be considered in future proposals for the same work. END OF SECTION Industry Standard Merchant Processing Services System RFQ #23-16 Page 8 of 24 4. SECTION 3 – GENERAL CONDITIONS 3.1 CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Proposers must disclose with their quote the name of any officer, director, or agent who is also an employee of the City of Sebastian, City Council members included; further, all Proposers must disclose the name of any City employee or Council member, who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches. Should the Contractor permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 3.2 NOTICE TO PROCEED The awarded Contractor shall not commence any Work, until a written Notice to Proceed (NTP) directing the awarded Contractor to proceed with the Work has been issued by the City; provided, however, that such notification shall be superseded by any emergency Work that may be required in accordance with the provisions included elsewhere in this Quote and resulting Contract. 3.3 INDEMNIFICATION/HOLD HARMLESS The CONTRACTOR or its SUB-CONTRACTORS shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR or its SUB-CONTRACTORS and other persons employed or utilized by the CONTRACTOR or its SUB -CONTRACTORS in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the CONTRACTOR or its SUB -CONTRACTORS shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR OR ITS SUBCONTRACTORS shall pay any cost and reasonable attorneys’ fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this quote. 3.4 NO COLLUSION Proposer and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the prepara tion and contents of the attached Quote, and of all pertinent circumstances respecting the provision of the goods or services to the City, the Quote, or offer being made is genuine and is not collusive or a sham. By submitting a Quote to this Invitation to Quote, Proposer certifies that all information contained in the Quote is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this Quote is made without any colluded, conspired, connived or agreed, directly o r indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Proposer further certifies that Proposer has not divulged discussed, or compared this Quote with other Quotes and has not colluded with any other Proposer or parties to a Quote. Any violation of this provision will result in the cancellation and/or return of Proposer’s materials (as applicable) and the removal of the Quote from the list(s). Industry Standard Merchant Processing Services System RFQ #23-16 Page 9 of 24 3.5 IMMIGRATION LAWS The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents. 3.6 PUBLIC ENTITY CRIMES A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly rela ted to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentatio n. "Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means : 4.6.1 A predecessor or successor of a person or a corporation convicted of a public entity crime, or 4.6.2 An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or 4.6.3 Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 4.6.4 A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. PROPOSER CERTIFIES THAT NEITHER THE ENTITY PROPOSING, NOR ANY OF ITS OFFICERS, DIRECTORS, EXECUTIVES, PARTNERS, SHAREHOLDERS, EMPLOYEES, MEMBERS OR AGENTS WHO ARE ACTIVE IN MANAGEMENT OF THE ENTITY, NOR ANY AFFILIATE OF THE ENTITY HAVE BEEN CHARGED WITH AND CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT TO JULY 1, 1989. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENT ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS QUOTE. 3.7 DEBARMENT AND SUSPENSION Proposer certifies to the best of its knowledge and belief that it and its principals: 3.7.1. Are not presently debarred, suspended, quote for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 3.7.2. Have not within a three-year period preceding this application been convicted 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 public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3.7.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragra ph (1)(b) of this certification; and 3.7.4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. 3.7.5. The City of Sebastian will not make award to p arties listed on the government wide exclusions in the System for Award Management (SAM). Proposer must submit their Company Profile Page from System for Award Management (SAM) with their quote. Industry Standard Merchant Processing Services System RFQ #23-16 Page 10 of 24 WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEM ENTS ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS QUOTE. 3.8 SCRUTINIZED COMPANIES Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it: 3.8.1. Does not participate in a boycott of Israel; and 3.8.2. Is not on the Scrutinized Companies that Boycott Israel List; and 3.8.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 3.8.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 3.8.5. Has not engaged in business operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Proposer of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Owner determines, using credible information available to the public, that a false certification has been submitted by Proposer, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of quotting on, proposing a quote for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florid a Statutes, or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Sudan List or the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott I srael List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or have been engaged in business operations in Cuba or Syria 3.9 E-VERIFY In accordance with State of Florida, Office of the Governor, Executive Order 11 -116 (superseding Executive Order 11-02; Certification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the Contractor must comply with the Employment Eligibility Verification Program developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The Contractor shall (1) enroll in the U.S. Department of Homeland Security’s E -Verify system, (2) utilize E-Verify to verify the employment eligibility of all new emp loyees hired during the term of the Contract (3) utilize E - Verify to verify the employment eligibility of all employees assigned to the Contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the Contr act to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Information on registration for and use of the E -Verify system can be obtained at the U.S. Department of Homela nd Security website: http://www/dhs.gov/E-Verify. PROPOSER MUST SUBMIT THEIR COMPANY PROFILE PAGE FROM E-VERIFY WITH THEIR QUOTE. Industry Standard Merchant Processing Services System RFQ #23-16 Page 11 of 24 3.10 METHOD OF PAYMENT 3.10.1 Florida Prompt Payment Act Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes. 3.10.2 Invoicing The City shall provide partial payments for Work completed by the Contractor during various phases of the Work assignment in accordance with the unit pricing provided in their quote submittal subject to an agreement maximum or not to exceed amount. NOT APPLICABLE The Contractor shall provide fully documented invoices, which indicates the listed basic information. It shall be understood that such invoices shall not be authorized for pa yment until work is inspected by the respective City representative and payment is approved. All invoices shall contain the following basic information: 3.10.3 CONTRACTOR INFORMATION:  The name of the business organization as specified on the Contract between City and Contractor  Date of invoice  Invoice number  Contractor’s Federal Identification Number on file with the State 3.10.4 CITY INFORMATION:  City Purchase Order Number and Quote Number 3.10.5 PRICING INFORMATION:  Unit price of the goods, Services or property pro vided  Extended total price of the goods, Services or property  Applicable discounts 3.10.6 GOODS OR SERVICES PROVIDED PER CONTRACT:  Description  Quantity 3.10.7 DELIVERY INFORMATION:  Delivery terms set forth within the City Purchase Order  Location and date of delivery of goods, Services or property Failure to submit invoices in the prescribed manner will delay payment. The City will pay the contract price minus any liquidated damages, back charges and/or other damages to the Contractor upon final completion and acceptance. 3.11 SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempt from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City’s Tax Exemption Number in securing such materials. 3.12 AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject t o the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian and or State or Federal appropriations. Industry Standard Merchant Processing Services System RFQ #23-16 Page 12 of 24 3.13 FAILURE TO PERFORM In the event that the Contractor fails to commence work on the project in a timely manner or if the Contractor proceeds to work on the project in an inappropriate or protracted manner, the City may notify the Contractor to cease and desist all work on the project. If so, the City may pursue any and all remedies available to it including, but not limited to, mandate the contractor complete the work, awarding to the next lowest responsive and responsible proposer or advertising for quotes and award a new contract for the uncompleted work and charge any additional costs incurred by the City, regardless of the course of action chosen by the City, to the originally awarded proposer. 3.14 PRODUCT/WORK ACCEPTANCE Upon delivery, or pickup, the product will be inspected by authorized representatives of the City. This inspection shall be performed to determine acceptance of Product/Work, appropriate invoicing, and warranty conditions. 3.15 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in the Quotes received where such is merely a matter of form and not substance, a nd the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price of the Quotes by giving a Proposer an advantage or benefit not enjoyed by other Proposers. 3.15.1 In no event will any such elections by the City be deemed to be a waiving of the Project criteria. 3.15.2 The Contractor who is selected will be required to fully comply with the City approved criteria for the Price Quoted, regardless that the Solicitation may have been based on a variation from the criteria. 3.15.3 The Contractor shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposer’s means and methods, use of new products, and new uses for established products. 3.16 QUESTIONS AND/OR REQUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the Procurement/Contracts Manager via email at dwixon@cityofsebastian.org. Proposers must clearly understand that the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, be sure to include the page and paragraph number for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the Invitation to Quote and At-A- Glance timetable. All responses to questions/clarifications will be published in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Addenda will be made available on the City’s website (www.cityofsebastian.org), if required. 3.17 CO-OPERATIVE PURCHASING It is the intent of the Invitation to quote to secure goods or services to be used by the City of Sebastian. However, by virtue of quoting, the Contractor accepts the right of other Government Entities to “piggyback” purchase from this RFQ by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 3.18 DISCRIMINATION The Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. Industry Standard Merchant Processing Services System RFQ #23-16 Page 13 of 24 3.19 PURCHASING CARD PROGRAM The City of Sebastian has implemented a purchasing card program through PNC Bank, using the Visa network. Vendors may receive payment through the purchasing card program for goods and services provided to the City in the same manner as other Visa purchases. Accordingly, Vendors that wish to accept payments in this manner must indicate that they have the ability to accept Visa or will take whatever steps are necessary to accept Visa before the start of the contract. The Cit y of Sebastian reserves the right to revise and/or cancel this program at any time, and assumes no liability for such action. A valid and complete invoice is still required to process payment using Purchasing Card. 3.20 PUBLIC RECORDS Section 119.01 F.S., The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all Proposer's responses shall be deemed to be public records subj ect to public inspection upon award, recommendation for award, or thirty (30) days after the quote due time, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Proposer believes any of the information contained in his or her response is exempt from the Public Records Law, the Proposer must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. 3.21 LOCAL VENDOR PREFERENCE POLICY Effective October 14, 2009, City of Sebastian adopted a local vendor preference reference, Ordinance No. 09-13 as set forth below: Local Vendor Preference Policy (a). Definitions. (1) Local business means the vendor has: a) A valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard County at the time a quote or proposal is submitted, and b) A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a quote or proposal. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its firm in a proposal or quote submittal to the city will lose the privilege to claim local preference status for a period of two years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, personal property, general services, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive quote. The city shall give such preference to local area businesses in the following manner: Industry Standard Merchant Processing Services System RFQ #23-16 Page 14 of 24 (1) Competitive quote. Each formal competitive quote solicitation shall clearly identify how the price order of the quotes received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price quote, and the lowest quote submitted by a qualified and responsive local area business is within five percent of the lowest quote, then the lowest quoting local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business Proposer. Within five working days after the posting of the qualified and responsive quotes, any local area business that has submitted a quote within five percent of the lowest quote by a nonlocal area business, and that wants the opportunity to match the lowest quote, shall submit a written offer to match the lowest quote. If the lowest local area business submits an offer that matches the lowest quote submitted, then the award shall be made to such local business. If the lowest local area business Proposer declines or is unable to match the lowest quotes, then the option to do so moves to the next local area business if its quote is within five percent of the lowest quotes, and it is a qualified and responsive Proposer. If the lowest quote is submitted by a qualified and responsive local area business, there is no local vendor preference. If a local area business accepts the opportunity to match the lowest quote of a nonlocal area business and that quote is based on unit price quote items and estimated quantities, then the unit prices for all quote items shall be reduced in proportion to the reduction in the local area business’s total quote amount required to match the lowest total quote. (2) Ties. In the event of any tie in the final quote price between a local area business, and a nonlocal area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full-time employees working in the City of Sebastian or the greater local area respectively shall be awarded the contract or receive the first opportunity to negotiate as applicable. (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) Purchases or contract which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or (3) Purchases made or contracts let under emergency or noncompetitive situations, or for litigat ion related legal services, as described in the City’s purchasing policies; or (4) Purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low quote submitted by a qualified and responsive nonlocal area business and the lowest quote submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all quotes are rejected. (e) Waiver of the application for local vendor preference policy . Any request for the waiver of local preference to any particular purchase or contract must be heard by the City Council prior to advertising the quote. The city council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. Industry Standard Merchant Processing Services System RFQ #23-16 Page 15 of 24 (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting quotes or proposals. Furthermore, the local preference established herein shall not prohibit the city from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the City Manager for determination. The decision of the City Manager shall be appealable to the City Council, and the decision of the City Council shall be final and binding on all parties. 3.22 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this RFQ can be terminated immediately for cause if Contractor is found to have failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days’ written notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services performed to the City’s satisfaction to that point in time. The City shall be sole judge of non-performance. 3.23 NO LOBBYING All Proposers and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectivel y, regarding any invitation to quote, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City, Mayor, and City Council have made a final and conclusive determination. END OF SECTION Industry Standard Merchant Processing Services System RFQ #23-16 Page 16 of 24 SECTION 4 – REQUIRED FORMS STATEMENT OF NO QUOTE If your firm is unable to submit a Quote, please complete and return this form prior to the Quote Due Date & Time shown herein. Return by email (dwixon@cityofsebastian.org) or by mail to: CITY OF SEBASTIAN ATTN: PROCUREMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company’s Name: Company Address: Phone No: We have declined to propose on RFQ #23-16, Industry Standard Merchant Processing Services System for the following reason(s) (mark all that applies): Do not offer the good(s) or service(s) required Our schedule would not permit us to perform responsibly Unable to meet specifications Specifications unclear (please explain below) Other (please specify below) REMARKS _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________ Signature _____________________________ Print Name/Title _____________________________ Date Industry Standard Merchant Processing Services System RFQ #23-16 Page 17 of 24 QUOTE SUBMISSION CHECKLIST Please use the following checklist as a reference document to confirm all requirements are met in your RFQ submission. This checklist must be submitted as part of the Quote submission. Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation from prospective Proposers. It simply serves as a guide for the most significant documents to be included in the Quote submission and should be enhanced as deemed necessary. It is solely the Proposer’s responsibility to read and understand all requirements and adhere to all issued addenda. Requirements OFFICE USE ONLY One (1) original copy of quote (bearing original signatures in Blue Ink) Two-(2) copies of quote N/A Title Page Quote Submission Checklist – FORM A Signed Addenda, if applicable TAB #1 – QUALIFICATIONS/EXPERIENCE Proof of Experience Proof of License(s) TAB #2 - FORMS Contact Information Sheet – FORM B Reference List – FORM C Drug-Free Workplace Form – FORM D Non-Collusive Affidavit – FORM E Addenda Acknowledgement – FORM F Document Notification Affidavit – FORM G Quote Proposal, Exhibit 1 FORM E FORM A Industry Standard Merchant Processing Services System RFQ #23-16 Page 18 of 24 CONTACT INFORMATION SHEET DUE DATE: Monday, September 18, 2023 by 2:00 P.M. LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check Addenda for any revised due dates before submitting your quote. Quote(s) received, after the date and time stated above, shall not be considered for award. Faxed quotes are allowed and will be considered for award. RFQ NO.: #23-16 RELEASE DATE: Monday, September 11, 2023 CONTACT: Don Wixon, Procurement/Contracts Manager (772) 388-8231 afraser@cityofsebastian.or g RFQ TITLE: Industry Standard Merchant Processing Services System Proposers Name and “Doing Business As”, if applicable: Address: “REMIT TO” ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed to address other than as stated on left, please complete section below. Check this box if address is the same as stated on the left. City: Address: State: Zip Code: City: Telephone Number: State: Zip Code: Fax Number: Contact: E-Mail Address of Authorized Representative: Telephone Number: Federal Tax Identification Number: Fax Number: The undersigned having become thoroughly familiar with all of the Proposal Documents incorporated herein, the sites and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all equipment and labor necessary for the performance of the Services in a good, firm, substantial and workmanlike manner. Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Title FORM B Industry Standard Merchant Processing Services System RFQ #23-16 Page 19 of 24 REFERENCE LIST Proposer’s Name: Proposer must provide the contact information for a minimum of three (3) references in which similar work was performed within the last five (5) years. Reference #1 Company Name: Location (City, State): Date of Service: Contact Person: Contact Number: Email Address: Reference #2 Company Name: Location (City, State): Date of Service: Contact Person: Contact Number: Email Address: Reference #3 Company Name: Location (City, State): Date of Service: Contact Person: Contact Number: Email Address: Failure to fully complete and submit this form may result in rejection of the Quote. FORM C Industry Standard Merchant Processing Services System RFQ #23-16 Page 20 of 24 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that ____________________________________________________ does: Proposer’s Name 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' polic y of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurr ing in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any emplo yee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature:___________________________ Print Name:_________________________ Date:_______________________________ Failure to sign and submit this Drug-Free Workplace Form may result in rejection of the Quote. FORM D Industry Standard Merchant Processing Services System RFQ #23-16 Page 21 of 24 NON-COLLUSIVE AFFIDAVIT STATE OF ____________________ COUNTY OF __________________ _______________________________________ being first duly sworn, deposes and says that: Proposer is the ____________________________________________________________, (Owner, Partner, Officer, Representative or Agent) Proposer is fully informed respecting the preparation and contents of the attached Quote and of all pertinent circumstances respecting such quote; Such Quote is genuine and is not a collusive or sham Quote; Neither the said Proposer nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Quote in connection with the Contract for which the attached Quote has been submitted; or to refrain from quoting in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Proposer, firm, or person to fix the price or prices in the attached Quote or any other Proposer, or to fix any overhead, profit, or cost element of the Quote Price or the Quote Price of any other Proposer, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; The price of items quoted in the attached Quote are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. Subscribed and sworn to before me this _____ day of _________________________, 2023. Notary Public Name: Notary Public Signature: My Commission Expires: ___________________ Failure to fully complete, sign and submit this Affidavit may resu lt in rejection of the Quote. FORM E Industry Standard Merchant Processing Services System RFQ #23-16 Page 22 of 24 ADDENDA ACKNOWLEDGEMENT Proposer’s Name: Phone #: RFQ Title: Industry Standard Merchant Processing Services System RFQ #: 23-16 Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their Quote to be considered non-responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388- 8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: Failure to fully complete, sign and submit this Form may result in rejection of the submittal FORM F Industry Standard Merchant Processing Services System RFQ #23-16 Page 23 of 24 DOCUMENT NOTIFICATION AFFIDAVIT “FORM G” STATE OF ____________________ COUNTY OF __________________ I, acknowledge that I have legal authorization (Printed Name) to contractually bind _________, (Company Name) I acknowledge that as part of my response to this solicitation I have read and reviewed Section 3 of the General Conditions stating the following:  Conflict of Interest Disclosure  No Lobbying Notification  No-Collusive  Immigration Laws Notification  Drug-Free Workplace Provisions, Form D  Public Entity Crimes Notification  Debarment and Suspension Certification, Proposer must submit their Company Profile Page from System for Award Management (SAM) with their quote. The City of Sebastian will not make award to parties listed on the Government Wide exclusions in the System for Award Management (SAM)  Scrutinized Vendor Certification  E-Verify, Proposer must submit their Company Profile Page from E-Verify with their quote. I hereby swear or affirm that I have read and that I understand and accept all the requirements and regulations imposed by the above-referenced documents and that I acknowledge and accept that the above -referenced documents and all terms and conditions contained therein are included in the response to this solicitation. Signature Date The foregoing Affidavit was subscribed and sworn to before me this _____ day of _________________________, 2023, by __________________________________ who is personally known to me or who has produced _______________ as identification and who did take an oath. Notary Public Name: Notary Public Signature: Notary Commission Expiration: __________________ Failure to fully complete, sign and submit this Affidavit may result in rejection of the submittal [Notary Seal] Industry Standard Merchant Processing Services System RFQ #23-16 Page 24 of 24 EXHIBIT I QUOTE PROPOSAL Merchant Service Comparison 29, 712 Annual Transactions and $2000,000 Annual Sales Volume Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name of Card Number of Monthly Transaction Processing Fee Rate Per Transaction Authorization Fee Rate Per Transaction Other Transaction Fees Per Transaction Total Monthly Fees Per Transaction Visa 1,718 MasterCard 483 Discover 113 AMEX 107 Debit 55 Total Monthly Fees: Total: 1) Charges for equipment maintenance and supplies $______________________ (monthly). 2) Regulatory fees $________________________ (monthly). 3) Total monthly cost $__________________________. 4) Initial implementation $___________________ (include application fees, equipment, setup, etc.) 5) If selected, what is your fully operational delivery time in days___________________________. Date:_________________________________________________________________________________________ Company Name:_______________________________________________________________________________ AuthorizedSignature:____________________________________________________________________________ Printed Signature:_______________________________________________________________________________ Direct Phone Number:________________________________Email:______________________________________ END OF SECTION Failure to fully complete, sign and submit this Price Form may result in rejection of the submittal