Loading...
2011-183-1576 - Terminate Agreement with Suntrust Bank  City  of  Miami  Gardens  Agenda  Cover  Memo   Council  Meeting  Date:  November  9, 2011  Item  Type:     (Enter  X  in  box) Resolution  Ordinance  Other  X    Fiscal  Impact:  (Enter  X  in  box)   Yes    N o  Ordinance  Reading: (Enter  X  in  box) 1 st  Reading  2 nd  Reading    X   Public  Hearing: (Enter  X  in  box) Yes  No  Yes  No   X    Funding  Source:  N/A  Advertising  Requirement: (Enter  X  in  box) Yes  No   X  Contract/P.O. Required: (Enter  X  in  box) Yes  N o  RFP/RFQ/Bid  #:   X   Strategic  Plan  Related  (Enter  X  in  box) Yes  N o  Strategic  Plan  Priority  Area:  Enhance  Organizational   Bus. & Economic  Dev  Public  Safety   Quality  of  Education   Qual. of  Life  & City  Image      Communcation   Strategic  Plan  Obj./Strategy:  (list  the  specific  objective/strategy  this  item  will   address)  X   Sponsor  Name   Danny  O. Crew, City  Manager  Department:  Finance/Purchasing  Departments   Short  Title:  A  RESOLUTION  OF  THE  CITY  COUNCIL  OF  THE  CITY  OF  MIAMI  GARDENS, FLORIDA, AUTHORIZING  THE  CITY  MANAGER  TO  TERMINATE  THAT  CERTAIN  PURCHASE  CARD  AGREEMENT  WITH  SUNTRUST  BANK; AND  AUTHORIZING  THE  CITY  MANAGER  AND  CITY  CLERK  TO  EXECUTE  AND  ATTEST  RESPECTIVELY, THAT  CERTAIN   PURCHASING  CARD  AGREEMENT  WITH  BANK  OF  AMERICA  IN  ACCORDANCE  WITH  STATE  CONTRACT  NO. 973 ‐120 ‐97 ‐1, ATTACHED  HERETO  AS  EXHIBIT  “A”; PROVIDING  FOR  INSTRUCTIONS  TO  THE  CITY  CLERK; PROVIDING  FOR  THE  ADOPTION  OF  REPRESENTATIONS; PROVIDING  FOR  AN  EFFECTIVE  DATE.  Staff  Summary: Background   In  July  2007, the  City  Council  authorized  the  City  Manager  to  execute  an  agreement  with  SunTrust  Bank  for  the  purchasing  card  program.  The  agreement  was  for  five  (5) years  with  a  thirty  (30) day  termination  ITEM K-2) CONSENT AGENDA RESOLUTION Purchasing Card Agreement w/ Bank of America   1515  NW  167  Street, Building  5  Suite  200    Miami  Gardens, Florida  33169   clause.  The  agreement  provides  a  rebate  of  1.35% for  $10,000,000  or  greater  and  a  rebate  of  .0035% for  “large  ticket” transactions.  Large  ticket  transactions  are  defined  as  any  single  transaction  in  excessive  of  $4,116.    The  proposal  for  the  City  Hall  Municipal  Complex  Construction  Contract  stated  the  contractor  would  have  to  accept  the  City’s  Visa  card  for  payment.  The  contractor’s  charge  to   accept  the  Visa  card  is  .95%, therefore  the  City’s  current  purchasing  card  program  would  not  be  beneficial  to  the  City  as  every  payment  would  be  considered  a  large  ticket  transaction.  Current  Situation  The  purchasing  department  contacted  SunTrust  to  re ‐negotiate  the  agreement, the  bank  agreed  to  increase  the  rebate  from  1.35% to  1.6%; however, the  large  ticket  transactions  would  remain  unchanged.  The  State  of  Florida  competitively  solicited  for  purchasing  card  services  and  awarded  this  service  to  Bank  of  America.  Bank  of  America’s  rebate  is  1.6% for  $10,000,000  and  “large  ticket  transactions” is  defined  as  “exceeding  5% of  the  total  net  purchase  volume  for  both  participating  entity  catagorties   A&B”.    All  of  the  State  of  Florida  contracts  are  availiable  for  any  governmental  entity  to  utilitze.  If  the  City  executes  an  agreement  with  Bank  of  America  for  the  purchasing  card  services  the  City’s  spend  will  become  part  of  the  State  of  Florida’s  consortium, therefore  the  Visa  card  payments  for  the  City  hall  project  will  result  in  the  City  receiving  an  estimated  rebate  of  $150,000.   Proposed  Action:  That  the  City  Council  approve  the  attached  resolution  authorizing  the  City  Manager  to  terminate  the  SunTrust  agreement  and  execute  the  agreement  with  Bank  of  America  purchasing  card  agreement  in  accordance  with   the  State  of  Florida  contract.   Attachment:  Attachment  A  – State  of  Florida  Agreement   The Administrative and Operations Arm of Florida’s Government DEPARTMENT OF MANAGEMENT SERVICES J EB B USH , GOVERNOR T OM L EWIS , J R ., SECRETARY State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122 Suite 315 April 4, 2005 MEMORANDUM NO.: (973-120-97-1)-7 TO: Department Addressed FROM: Director, State Purchasing SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services The Contract Administrator has been changed from Tom Butler to David Comer. Any questions or problems in delivery or service th at may arise regarding this contract should be directed to the Contract Administrator . DSP/ The Administrative and Operations Arm of Florida’s Government DEPARTMENT OF MANAGEMENT SERVICES J EB B USH , GOVERNOR T OM L EWIS , J R ., SECRETARY State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122 Suite 315 May 20, 2004 MEMORANDUM NO.: (973-120-97-1)-6 TO: Department Addressed FROM: Director, State Purchasing SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services The subject contract has received a 5 th Amendment. The Contract Administrator has been changed from Kaye Robertson to Tom Butler. Any questions or problems in delivery or service th at may arise regarding this contract should be directed to the Contract Administrator . DSP/ FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH Governor CYNTHIA A. HENDERSON Secretary State Purchasing 4050 Esplanade Way Suite 350 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.MyFlorida.com Suite 315 January 23, 2002 MEMORANDUM NO.: (973-120-97-1)-5 TO: Department Addressed FROM: Director, State Purchasing SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services This memorandum reflects an update on contact information for the Program Administrator, and Contract Administrator. This change is reflected on the Certification of Contract. Any questions or problems in delivery or service that may arise regarding this contract should be directed to Kaye Robertson at (850) 488-3158, Suncom 278-3158, Email: robertk@dms.state.fl.us RHH/mw/seh Suite 315 August 12, 1999 MEMORANDUM NO.: (973-120-97-1)-4 TO: Department Addressed FROM: H. P. Barker, Jr., CPPO Chief, Bureau of Procurement and Contract Management SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services Please make the following changes in the subject contract: Delete: Certification of Contract and Page 26 Add *Certification of Contract and Page 26 *(Rev 11 Aug 99) This Memorandum reflects information changes on the Certification of Contract, and on the Ordering Instructions. PLEASE NOTE Whether getting price quotes or placing orders by telephone, please ask the vendor if they accept VISA instead of asking if they accept the “State of Florida Purchasing Card”. Some vendors don’t identify the “State of Florida Purchasing Card” as a VISA card. Again, please remember to ask if they accept VISA. Also note that NationsBank and Bank of America ha ve merged to from Bank of America N. A., therefore, the current Purchasing Card has a new look . The card now features the corporate logo and the new legal name, Bank of America, N. A. Existing cardholders will receive new cards upon renewal of their current cards expirations date. The look of the card is the only thing that has changed. All policies and procedures remain the same. Any questions or problems in delivery or service th at may arise regarding this contract should be directed to Marvin Williams at 488-8366, Suncom 278-8366, william@dms.state.fl.us HPB/mw/kla Suite 315 February 10, 1999 MEMORANDUM NO.: (973-120-97-1)-3 TO: Department Addressed FROM: George C. Banks, CPPO Director, State Purchasing SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services Please make the following changes in the subject contract: Delete: Page: 26 Add: Page: *26 *(Rev 11 Feb 99) This memorandum reflects changes on the ordering instructions. Any questions or problems in delivery or service th at may arise regarding this contract should be directed to Marvin Williams at 488-8366, Suncom 278-8366, william@dms.state.fl.us GCB/mw/kla Suite 315 December 16, 1998 MEMORANDUM NO.: (973-120-97-1)-2 TO: Department Addressed FROM: George C. Banks, CPPO Director, State Purchasing SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services Please make the following changes in the subject contract: Delete: Certification of Contract and Page 26 Add: *Certification of Contract and Page 26 *(Rev 16 Dec 98) This memorandum reflects information changes on th e certification of contract, and on the ordering instructions. Any questions or problems in delivery or service th at may arise regarding this contract should be directed to Marvin Williams at (850) 488-8366, Suncom 278-8366, E-Mail william@dms.state.fl.us. GCB/mw/lns June 18, 1997 Suite 315 MEMORANDUM NO.: (973-120-97-1)-1 TO: Department Addressed FROM: George C. Banks, CPPO Director, Division of Purchasing SUBJECT: Contract No. 973-120-97-1 Title: Purchasing Card Services At the present time, some State term contractors, or PRIDE, or RESPECT may not have the capability to process purchases for State agencies using the State Purchasing Card or Electronic purchase orders. The inability of any State term contractor, or PRIDE, or RESPECT, to accept payment by use of Electronic Commerce Purchasing (card or electronic purchase order) is not justification for purchasing from alternate sources at this time. If additional information is needed, please contact Marvin Williams at (850) 488-8366, Suncom 278-8366.E-Mail mailto:william@dms.state.fl.us GCB/hpb/mw The Administrative and Operations Arm of Florida’s Government DEPARTMENT OF MANAGEMENT SERVICES J EB B USH , GOVERNOR W ILLIAM S. S IMON , SECRETARY State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122 CERTIFICATION OF SERVICE CONTRACT TITLE: Purchasing Card Services CONTRACT NO.: 973-120-97-1 BID NO.: 4-973-120-W EFFECTIVE: July 7, 1997 through July 5, 2007 (Amendment 4) SUPERSEDES: New Contract CONTRACTOR(S): Bank Of America, N. A., (USA) (A) (Rev 11 Aug 99) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on February 4, 1997, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Purchasing Card Services by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.057, Florida Statutes, all purchases of these services should be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchases shall be made in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the Division of Purchasing contract number, description of service with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for impr ovements in the contract to the Division of Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature DC/mej Attachments CONTRACT ADMINISTRATOR DAVID COMER PHONE: (850) 487-4196 SUNCOM 277-4196 E-MAIL: comerd@dms.state.fl.us (Rev 4 Apr 04) 3 SPECIAL CONDITIONS PURPOSE It is the intent of this solicitation to obtain proposal s from qualified vendors and subsequently contract for a statewide Procurement Card for a five (5) year period. This statewide procurement credit card service will be utilized by State of Florida agencies, institutions a nd other eligible entities for the purchase of goods, and services , which includes airfare, rental cars, long distance calling services, and lodging expenses of travelers. SCOPE Initially, a pilot program will limit participation to not mo re than ten (10) State agencies. Following the pilot period of three (3) months and based on an evaluation of the program's success, the program will be available for use by all eligible users. The pilot program period of three (3) months is included within the five (5) year contract period. The State of Florida through its agencies intends to obt ain the ability to make purchases through the use of a Procurement Card. This Request for Proposal (RFP) contains information a nd instructions to enable interested suppliers to prepare and submit proposals and supporting material. To be considered responsive, a proposer must submit a complete proposal that satisfies all requirements as stated in this RFP. This RFP outlines requirements of the State of Florida Procurement Card Service Program, eval uation criteria, and Contractor's responsibilities. It also describes the major terms and conditions the contractor will be required to accept as part of a performance contract. A list of key dates follows. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above a nd with the consent of the successful proposer, purchases may be made under the terms and conditions of this Invitation to Bid/Request for Proposal, by governmental entities located outside the State of Florida. Appropr iate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. CONTRACT ADMINISTRATION The contract resulting from this Solicitation will become a public document. The Stat e of Florida, Division of Purchasing (DOP), is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute contract and product information to users of State Term Contracts. Contract information includes certification, special conditions, and revisions. Product information includes specifications, pricing, ordering information, and revisions. The following components and activities will be requi red of each CONTRACT HOLDER unless specifically exempted, in writing, by the DOP: 4 • INTERNET HOME PAGE: Each CONTRACT HOLDER will be required to develop and maintain a Home Page on the Internet WWW. The Home Page must be bu ilt and then maintained over the life of the State Term Contract to be compatible with the most recent version of browser software being used by the DOP. As of the writing of this So licitation, Netscape Navigator 2.0 is the DOP browser standard. The DOP intends to upgrade to new browse r versions as they become available and fully tested, at its discretion. Each CONTRACT HOLDER Home Page must include , at a minimum, text based information about the products and/or services to be provided under the contract that effectively describes the product or service. Though not required at this time, it is hi ghly recommended that graphics and/or audio based information also be used. Descriptions of products or services must be organized on the CONTRACT HOLDER Home Page based on DOP Commodity Code. A separate Univer sal Resource Locator (URL) must be provided for each DOP Commodity Code. The URL for the Home Page must be listed in the space provided on the Ordering Instructions page of the bid. • PRICE LISTS: DOP, at its discretion, will allow the CONTRACT HOLDER to configure its own PRICE LIST of all eligible offerings and to pos t the prices on the CONTRACT HOLDER Home Page. However, price changes must be reviewed and a pproved by the DOP Contract Administrator before they can be posted to the CONTRACT HOLDER Home Page. Price lists and revisions for the Home Page must be provided by the CONTRACT HOLDER in American National Standard Code for Information In terchange (ASCII) text format or as a Word For Windows file. At the discretion of the DOP, price list and revision text or Word For Windows files will be required to be sent electronically using E-MAIL, and/or shipped by carrier using diskette, to the Contract Administrator. Product and service pricing must be organi zed on the CONTRACT HOLDER Home Page based on DOP Commodity Code. A separate Universal Res ource Locator (URL) must be provided for each DOP Commodity Code. Failure to submit the information required in this s ection will be grounds for disqualification of your bid and/or removal from any resulting contract. RENEWAL The Division of Purchasing reserves th e option to renew this contract, or any portion thereof, for up to one (1) additional contract period, upon mutual agreement, in writing. 5 KEY EVENTS/DATES DATE TIME RFP Release 06/10/96 RFP Questions Due 07/03/96 Pre-Proposal Conference 07/16/96 10:00 a.m. Submission of Proposals 09/10/96 2:00 p.m. Projected Contract Award 10/28/96 Projected Contract Period Implementation January 1, 1997 - December 31, 2001 Address for Delivery of RFP: Department of Management Services Division of Purchasing Bureau of Procurement Room 301 4050 Esplanade Way Tallahassee, Florida 32399-0950 ISSUING OFFICE The Office identified below is responsible for the requi rements specified herein and the evaluation of all responses. Direct questions to: Marvin Williams Department of Management Services Division of Purchasing Bureau of Procurement Room 315I 4050 Esplanade Way Tallahassee, Florida 32399-0950 Phone No.: (850) 488-8366 Fax No.: (850) 488-5498 SPECIAL ACCOMMODATION Any person requiring a special accommoda tion at the Division of Purchasing because of a disability should call the Division of Purchasing at (850) 488-8440 at least five (5) wor kdays prior to the Pre-Proposal Conference and Proposal Opening. If you are hearing or speech impaired, please contact the Division by using the Florida Relay Service which can be reached at 1 (800) 955-8771 (TDD). 6 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provi de any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consulta nt under a contract with any public entity, and may not transact business with any public entity in exce ss of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the da te of being placed on the convicted vendor list. INSURANCE, WORKER’S COMPENSATION The contractor shall take out and maintain during the life of this agreement, Worker’s Compensation Insurance for all of his employees conn ected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Worker’s Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen’s Compensation statute, the Contractor shall provide, and cause each sub-contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. FLORIDA SMALL AND MINORITY BUSINESS ASSISTANCE ACT The Legislature of the State of Florida, in an effort to encourage the growth of small and minority businesses, recommends that prime contractors utilize a certain percen tage of minority sub-contractors in performance of state contracts. Therefore, it is recommended that 20 pe rcent of the Procurement Card Services Contract be awarded by a state contractor, to a certified minority bus iness sub-contractor who is registered with The Commission on Minority Economic and Business Development. The minority sub-contractor must register with The Commission on Minority Economic and Business Development to become a certified registered minority business, prior to the invitations of bids/p roposals, that they are a capable, qualified certified minority business enterprise available to bid/propose on contracts to provide effective competition. OVERVIEW Presently, the purchasing process in the State of Flor ida requires the use of a purchase requisition, purchase order, voucher and individual forms under a manual system to make payments to vendors and contractors. The goals of this project are to provide an impr oved procurement process while accomplishing the following goals: -Provide potential shared savings opportunities to the State -Reduce overall costs of purchase transactions -Simplify the process for small dollar volume purchase requirements -Improve management reporting -Provide potential for enhanced discount structure with suppliers -Improve service to the eligible users and vendor community 7 DEFINITIONS Whenever reference is made to the following terms in this solicitation, or any contract resulting from this solicitation, it shall be understood to mean the following: 1. State: shall mean the State of Florida and participating entities, their employees, agents and designees, while acting within the scope of their agency employment or office. 2. DMS: shall mean the State of Florida, Department of Management Services 3. Comptroller: shall mean the State of Fl orida, Department of Banking and Finance 4. State Agency: shall mean any of the various state officers, departments, boards commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. 5. eligible entity: shall mean all state agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. Federal agencies located in the State of Florida may be eligible entities to the extent permitted by Chapter 287,FS. 6. Proposal: shall mean the formal written response to this document. 7. participating Participating entity shall mean an eligible entity choosing to participate in the entity: State Procurement Card Program. 8. Request for Proposal (RFP): shall mean this document. 9. State Term shall mean contracts let by the State of Florida, Division of Purchasing, Contracts: Department of Management Services. 10. Division of shall mean the organizational entity acting on behalf of the State of Florida and Purchasing: theDepartment of Management Services. 11. Contractor: shall mean the proposer awarded the contract as a result of this RFP. PROPOSALS All proposals will be received with the understanding that th eir incorporation in a contract with the State shall constitute acceptance thereof. Such contract shall be subject to the acceptance and execution in writing by the Division of Purchasing, Department of Manage ment Services. All proposals and accompanying documentation will become the property of the State of Florida and will not be returned. Proposals submitted by facsimile are unacceptable and will be rejected. 8 Detailed information on content of proposals are found in subsequent paragraphs in this RFP. The specific guidelines for the format are contained under PROPOSAL CONTENT AND FORMAT OVERVIEW paragraph. SUBMISSION OF SEALED PROPOSALS Complete proposals are to be packaged, sealed and s ubmitted to the Division of Purchasing at the address listed under KEY EVENTS/DATES paragraph. The date and time of submission of proposals are shown on the Request for Proposal cover sheet. A list of vendor s submitting proposals will be available on request after posting. Proposals not received by the time and date shown on proposal cover sheet will not be accepted. PRICE STABILITY Prices and shared savings will be fixed under the term of the contract and any renewals, unless more favorable terms are offered and accepted by the State. If for any reason, during the term of the contract, the c ontractor reduces the pricing for similar services or products to a similarly situated entity with similar or smaller contract volume, the State shall receive an equivalent reduction in pricing for the services or produc ts delivered to the State. Additionally, in the event the contractor offers additional shared savings to a si milar situated entity with similar or smaller contract volume, the additional shared savings also shall be given to the State. STATE OF FLORIDA PROCUREMENT RIGHTS The State of Florida reserves the right to: 1. Reject any and all proposals received in response to this RFP. 2. Disqualify a proposer from receiving the award if such proposer, or anyone in the proposer's employment, has previously failed to perform sa tisfactorily in connection with public bidding or contracts. 3. Seek clarification of proposals including waiving minor irregularities in any proposal. 4. Utilize any and all ideas submitted in any proposal. 5. Adopt all or any part of a proposal in selecting the optimum procurement card service program. 6. Negotiate with proposers responding to this RFP within the RFP requirements to serve the best interests of the State. 7. Should the State be unsuccessful in negotiating a contr act with the selected Cont ractor within ten (10) business days, the State may begin contract negotiati ons with another proposer in order to serve the best interest of the State of Florida. 8. Select and award the contract to the responsive proposer providing the best value proposal to the State. 9. Change any scheduled dates upon written notification. 9 10. Subsequent to establishing a contract resulting fr om this RFP, if the State determines additional features, services, modifications, or deletions are needed and it is in the State’s best interest, then the State may enter into negotiations with the contractor to amend the contract. LIABILITY FOR PROPOSAL PREPARATION EXPENSE The State is not liable for any cost s incurred by a proposer in the preparation and production of a proposal or for any work performed prior to the issuance of a contract or delivery order. CONTRACT The successful proposer's proposal and a copy of th is RFP will be made part of the contract. CANCELLATION The State of Florida retains the right to cancel any c ontract awarded as a result of this RFP for any reason, provided Contractor is given at least sixty (60) days no tice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate this contract, or stop work immediately for cause and is supplementary to that provision. PROPOSAL SECURITY The content of each proposer's proposal will be held in strict confidence during the evaluation process, and no details of any proposal will be discu ssed outside the evaluation process, subject to the provisions of Section 119.07(3)(M) Florida Statutes. PUBLIC RECORDS Requests concerning the evaluation of the proposals submitted will be considered, only after contract negotiations are complete to the maximum extent permitted by law. Written requests should be directed to: Department of Management Services Division of Purchasing Bureau of Procurement Room 315I 4050 Esplanade Way Tallahassee, Florida 32399-0950 Phone No.: (850) 488-8366 Fax No.: (850) 488-5498 Email Address: WILLIAM@DMS.STATE.FL.US 10 CONTRACTOR RESPONSIBILITIES The Division of Purchasing will contr act with the successful proposer. Th e Division of Purchasing considers the Contractor to be the sole contact with regard to all provisions of the proposal, and contract. In the event the proposer's proposal includes hardwa re and/or software manufactured by another manufacturer or supplier, it is mandatory for the Contractor to assume full re sponsibility of delivery, installation, maintenance, and support services for such items offered in the proposal. CONSENT TO ASSIGNMENT The Contractor agrees not to assign this Agreement without the prior written consent of the Division of Purchasing. Such consent shall not be unreasonably withheld. TYPICAL PAYMENT CYCLE FOR STATE OF FLORIDA AGENCIES The typical payment cycle for small dollar purchase require ments for state agencies begins with completion of a purchase requisition by the authorized State agency em ployee. After approval of the purchase requisition, a purchase order is completed by the agency purchasing office and money is encumbered within the accounting system. After receipt of goods or pe rformance of services and with receipt of vendor's invoice, a voucher is prepared and approved by the originating agency. The approved claim is then forwarded to the Comptroller for payment and the Comptroller issues a warrant that is sent to the respective stat e agency for mailing to the vendor. STATEMENT OF NEEDS FOR PROCUREMENT CA RD SERVICE PROGRAM FOR THE STATE OF FLORIDA The procurement card service program shall permit designa ted employees in each participating entity to make purchases for equipment, material, supplies and servi ces including items contracted for under the State of Florida term commodity and service contracts. The initial single purchase maximum limit for each tran saction shall be $5,000. DMS will consider revising the single purchase limit per transaction and other aspect s of the program requirements of each authorized participating entity. The procurement card service program shall allow each pa rticipating entity to establish individual card limits within specified time frames and limits established within this RFP. The procurement card service program shall include controls which shall allow oversight of procurement card use including, but not limited to, initial approval, final approval and revocation of authority for all or individual card accounts by each participating entity. Employees designated as cardholders by each pa rticipating entity and other employees as deemed necessary shall be trained in all aspects of procurem ent card use and in responsibilities of the participating entity and the Contractor under the program. Such paramete rs shall be further defined and mutually agreed to by the Division of Purchasing and the Contractor in the contract. 11 Proposals shall address Electronic Data Interchange (EDI) and communication with respect to transfer between the contractor and the State. The State intends to use the most appropriate standards issued by the American National Standards Institute X.12 for EDI. The proposer shall address its capability to provide EDI files containing daily credit card billing informa tion (e.g. ANSI X.12 Transaction 810-Invoice), other management reporting data (e.g. ANSI X.12 Transaction 996-File Transfer), Cardholder eligibility/profile setup and acceptance of electronic payment and re mittance (e.g. ANSI X.12 Transaction 820-Payment and Remittance) in accordance with the most appropriate EDI standards (Version 003030 or greater) issued by ANSI X.12. CARD ACCEPTANCE [MANDATORY ] The procurement card provided by the proposer must be accepted by a wide variety of businesses offering goods and services within the State of Florida. The proposer shall submit information which indicates the number of current retail establishments doing business in th e State of Florida, preferably by type of retailer. ISSUANCE [MANDATORY] Each participating entity will administer the procur ement function, and will dete rmine to whom the cards should be issued based upon the purchasing authority of each employee within the lim its of this RFP. The procurement card service program shall be availabl e for use by individual government employees. The methods of authorization for issuance of individual cards shall be defined by proposers. Issuance of the card to any employee shall have the prior written approval of the participating entity. This approval may be provided in the following forms: 1. The authorized participating entities representative's signature on the Contractor's application form. Contractor should provide an adequate supply of applications to each participating entity; 2. A memorandum from the authorized participa ting entity representative listing the individual employees issued and authorized to use cards and other information as may be required by the Contractor; 3. Electronic access to enter or update the Contractor's data base for cards issued to employees of the participating entity; or, 4. An alternative method which is acceptable to the Division of Purchasing and the Contractor. LIABILITY [MANDATORY] The respective participating entity shall be liable for the use of the procurement cards by its authorized cardholders provided that the use is within the single per transaction dollar limits and any other limits imposed upon use of individual procurement cards by the particip ating entity and provided the cardholders are acting within the scope of their employment. Neither the State nor any participating entity shall have any liability for lost or stolen procurement cards or fraudulent use of any procurement card and shall establish by mutual agreement in the contract with the procurement card serv ice Contractor procedures for notice of loss and theft of the procurement card. The Division of Purchasing is amenable to limiting the period of liability for fraud in procurement card use by employees upon termination of an individual's employment in accordance with demonstrated industry standards. The proposer sha ll identify in its proposal appropriate controls for implementation to identify fraudulent use of any proc urement card and appropriate responses by the parties 12 upon identification of such fraudulent use. 13 Notwithstanding the above, the procurement card service Contractor must identify and hold harmless the State and participating entities, their officers and employees from any and all claims, suits, actions, liabilities and costs of any kind (including attorney's fees), for personal injury (including death) or damage to real property or tangible personal property arising fr om the acts or omission of the procurement card service Contractor, its agents, officers, employees, partners, or subcontractors, without limitations. Furthermore, the State and participating entities shall be entitled to and the Contractor shall adhere to and provide all protections offered with respect to, but not limited to, extensions of credit, credit card issuance, credit card transactions, interest, payments and settlement s, as established by Federal or State law, regulation or rule, State of Florida procedure or executive order. PROCUREMENT CARD FORMAT [MANDATORY] The Contractor shall provide a card format distinctiv e to the State of Florida with the following minimum elements: 1. The name, STATE OF FLORIDA, and THE STATE SEAL on the face. 2. The phrase, FOR OFFICIAL USE ONLY on the face. 3. The phrase, "SALES TAX EXEMPTION NUMBER: 47-04-039143-52C”. 4. The Contractor's 24 hour toll free help line telephone number shall be printed on the back. 5. Long-Distance Calling Information as supplied by DMS. 6. There shall be no reference to Automatic Teller Machines (ATM's), or other advertising. 7. Layout and artwork shall be subject to approval of DMS before distribution begins. 8. A color photographic image of the cardholde r, measuring approximately 1.125” x .875”, is being seriously considered. DMS has not yet decided to require the photographic image be placed on the front of each card and will base its decision in part upon the costs involved. Each proposal submitted in response to this RFP must disclose on the fixed charges price sheet the additional per card charge for placing the co lor photographic image of the cardholder on the face of the card if any such add itional fee is expected to be charged. The participating entity will be responsible for providing to the contract or a digitized electronic photographic image of each person who will be issued a card at no cost to the contractor. OPTIONAL CARD PROVISION The State may have its own card for use, including all preparations. DMS has an existing relationship with Florida State University (FSU) to produce employee building access and identification cards which utilize a 16 digit International Standards Organization (ISO) numbe r. Each firm submitting a proposal in response to this RFP is encouraged to submit a separate Procuremen t Card Shared Savings Proposal Form if its system can be adapted to accommodate using the cards produced by FSU in lieu of havi ng to provide cards or replacement cards pursuant to the contract awarded as a result of this RFP. 14 The Contractor and participating entities may mutually ag ree to additional enhancements to the procurement card to customize it for use. REQUIREMENTS OF PROPOSER [MANDATORY ] 1. Proposer will screen payment inquiries to elim inate unauthorized SIC charge types or requests. 2. Proposer will provide purchasing transaction detail by participating entity and cardholder. 3. Proposer will implement and include detaile d cardholder profiles and procurement guidelines per State policies and procedures, statutes, and rules (authorized cardholder index). 4. Proposer will provide required invoicing, credit, and remittance transaction EDI files and EFT capabilities for interface with the State accounting system. 5. Proposer will provide both valid and rejected data transaction activity and statistics on compatible report file layouts for State PC and mainframe user reporting facilities. 6. Proposer will provide demonstrated adequate user logon and access security controls, and shall ensure that an appropriate level of security is established and maintained in connection with the services provided pursuant to this RFP. CONTROLS/RESTRICTIONS [MANDATORY] The proposer shall provide a plan to address available cont rols and restrictions to pr event the use of cards as may be designated by the State. The authorized par ticipating entity Representative will determine how the cards will be used, consistent with the terms of a ny resulting Contract, and within the Statewide single maximum transaction dollar limit of $5,000 or other limits imposed upon use of individual procurement cards by each participating entity. A participating entity shall have no liability for lost or stolen procurement cards or fraudulent transactions or those exceeding the maxi mum dollar limit. Cash advances or cash refunds are strictly prohibited. Eligible entities electing to par ticipate in the procurement card service program may specify: 1. Single per transaction dollar limits for each cardholder. 2. Number of credit card authorizations per day. 3. Number of credit card transactions per report cycle. 4. Authorization tied to budget limits (report cycle dollar limits). 5. Restriction on the types of vendors with which the card may be used. 6. Commodity types. Proposers shall specify any other limits or controls whic h are available for eligible entities' determination on procurement card usage which may be added at the DMS option to the Contract as part of the procurement card service program. 15 ENTITY ENROLLMENT [MANDATORY] Participating entities shall be added to the procur ement card service program by written request and upon approval by the Division of Purchasing. The notice, at a minimum, will provide the Contractor with the participating entity name, address and shall identify the authorized participating entity representative and such individual's telephone number. Procedures relative to Contractor establishing each participating entity’s account shall be presented in the proposer's proposal a nd further agreed upon by the parties in the contract. Proposer, however, should specify processing time necessary to issue procurement cards. Shall the need arise, the Department of Management Services, Division of Purchasing, and the Contractor, upon mutual agreement, may vary the enrollment procedure for eligible entities. Preference will be given to any proposal which allows participating entities the ability to perform their program administrative activities electronically. It is anticipated that each pa rticipating entity will be primarily responsible for furnishing information rela tive to its cardholders, approved activity levels and related matters directly with the contractor. TRAINING [MANDATORY] The Contractor shall provide training for all participa ting entities at no additional cost. Training shall be provided to both cardholders and other designated employees of the participating entities, the Department of Management Services, Division of Purchasing and the Comptroller associated with the procurement card service program. The Contractor shall develop and impl ement a "State of Florida" specific training program covering initial and follow-up training. On -site training must be available at no less than four (4) locations as selected by the Division of Purchasing. For purposes of this Request for Proposals, the proposer shall provide details and confirm that the training program to be provided will accomplish the following goals: 1. Understand overall nature of the procurement card service program and its benefits. 2. Assist participating entities in developing individual spending limitations and other program restrictions and controls. 3. Understand participating entities’ financial responsibilities and billing and payment procedures. 4. Assist participating entities in developing periodic internal reports. 5. The Contractor shall develop a VCR form at training video for ongoing internal use by participating entities during full scale implementation. The proposer shall also address other remote training options in its Proposal with reference to training. ISSUANCE OF PROCUREMENT CARDS The successful proposer will be responsible and accountable for issuance of all procurement cards directly to an authorized participating entity Representative. The participating entity will issue a purchase order and ordering form to the successful proposer. The orde ring form will be designed by the Department of Management Services, Division of Purchasing and the su ccessful proposer prior to the start of the contract period. 16 PARTICIPATING ENTITY AND CARDHOLDER SUPPORT [MANDATORY] The Contractor shall provide at "no cost", a cust omer support service for the participating entities’ representatives, Department of Management Serv ices, Division of Purchasing, the Comptroller and cardholders. Proposer shall specify transaction inquiry and update response times. Support shall include, but not be limited to, the following features: 1. Toll Free "Help" telephone line(s) and num ber(s) for assistance and for reporting and canceling lost or stolen cards. The Contractor's customer support services toll free telephone line shall offer the capacity of P.01 grade of service (no more than one out of every hundred calls attempted could be blocked) on all ca lls received on a 24 hours a day 7 day per week basis. The Contractor's customer support services shall be staffed and available in such a way that all calls to be answered in 7 seconds or less af ter the call is setup, when a cardholder dials for inquiries concerning billing or services. 2. Toll Free telephone line and number to account representatives for inquiries involving accounts, billing and services 8:00 A.M.-6:00 P.M. Eastern Time excluding weekends and State of Florida designated holidays. DISPUTED BILLINGS, QUESTIONED ITEMS, AND CHARGEBACKS [MANDATORY] Contractor shall provide a non-charge (transaction fee/ pl us late fee interest) method for resolution of disputed billings. Proposers shall include a descri ption of their disputed billings process. For State of Florida interest penalties, please refer to Florida Statute 215.422 (1). The proposers shall propose detailed methods for hand ling questions concerning charges or credits. Provisions for handling questioned items should include the following: 1. How to handle questioned or disputed charges or credits ; 2. How to adjust the participating entity account pending resolution of the questioned or disputed item; and, 3. How to process adjustments for items resolved in favor of the participating entity. CHANGES IN CARDHOLDER OR PARTICIPATING ENTITY ACCOUNTS [MANDATORY] A participating entity and authorized representative may request changes to information in cardholder's account. Such changes may include card expenditure limits set by each individual participating entity, transaction limits, purchase restrictions, cardholder na me, cardholder billing address or telephone number and termination or non-renewal of a cardholder's account. The proposer must specify a timeframe between recei ving a request for change in a cardholder account or participating entity's master account and accomplishing the change with notice to the participating entity's representative. 17 LOST OR STOLEN CARDS [MANDATORY] The cardholder and/or the authorized participating entity's representative will immediately report lost or stolen procurement cards to the contractor in a timely manner. The Contractor will provi de a twenty-four (24) hour toll-free number to the cardholder for reporting lost or st olen cards, upon issuance of the card. The Contractor must also replace lost or stolen cards at "no cost" within fifteen (15) days after notification of the loss by the participating entity's representative. The proposer must specify the time frame betw een receiving the report of a lost or stolen procurement card and mailing a replacemen t card. Such reports will be in writing or verbally with written follow-up. The participating entity shall not be liable for any charges after the card is lost or stolen. The provisions of this paragraph with regard to repl acement cards shall not apply if the contract award is based upon the state using its own ISO number, car ds and replacement cards. See page 12, OPTIONAL CARD PROVISION. CARD TERMINATION/CANCELLATION [MANDATORY] The authorized participating entity representative will immediately notify the Contractor of card termination or cancellation. This notification will be made in writi ng, faxed, or verbally with written follow-up as soon as possible, or as otherwise provided for in the contract . Upon notification, the Cont ractor shall immediately cancel the cardholder's account. The participating entity shall not be liable for charges incurred after written, faxed, or verbal notice to the contractor to cancel a car d account. As part of its procedures, the participating entity will recover, whenever possible, cards issued upon termination, retirement, discharge, or resignation and will destroy the card when recovered, and notify the contractor to cancel the account. CONTRACTOR'S RIGHT TO CANCEL A CARDHOLDER OR A PARTICIPATING ENTITY Contractor may cancel or suspend any cardholder's or participating entity's ability to use a card issued pursuant to this RFP with the prio r approval of DMS if payment on the account becomes excessively delayed (for more than 31 days), or for other factors agreeable to the contractor and DMS. PROGRAM ENROLLMENT AND ENHANCEMENT [MANDATORY] Contractor must have a program to recruit new busine sses for inclusion in the procurement card program. Such program shall incorporate an action plan for business recruitment upon notice by a participating entity that Contractor's procurement card is not accepted by a particular business. Proposers must describe their program for recruiting new business. All participating entities, the Department of Manageme nt Services, and the Division of Purchasing will be encouraged to provide the Contractor with inform ation to identify existing vendors for recruitment and enrollment purposes. 18 BILLING [MANDATORY] Billing shall be provided on a monthly or more frequent basis, but not to exceed more than once per day. Proposer shall advise on options for billing cycles on a stagge red or cyclical basis. Statements or transactions shall be accessible or provided to parties identified by the authorized participating entity representative including, but not limited to, the following: 1. Authorized Representative 2. Finance Officer 3. Cardholder(s) Billing shall also be accessible to the Department of Management Services, Division of Purchasing and the Comptroller in a format to be agreed upon by DMS a nd the Contractor. Please refer to Florida Statute 215.422 for additional billing information relating to eligible entities. AUTOMATED BILLING AND ACCOUNTING [MANDATORY ] The State of Florida intends to reengineer, then auto mate the Comptroller’s accounting and auditing processes associated with procurement card purchases. Curren tly, minimum accounting and auditing requirements (i.e., data elements entered on an expenditure or payment request voucher) include the following: 1. Agency voucher number and statewide document number 2. Agency OLO and site number 3. Object and transaction codes 4. Account Codes 5. Invoice numbers and amounts 6. Transaction verification and approvals 7. Purchase (transaction) description and other audit supporting data The Comptroller intends to develop a system that accepts detailed procurement card purchase data and management operations reporting data, makes the data ava ilable to all state agencies, allows for encoding of accounting data, provides audit and edit checks, upda tes both agency and individual cardholder accounting records and creates a daily EFT trans action to the Contractor (or contractor's bank). Proposal shall include current automated billing and accounting system(s) capabilities as well as Contractor's plans for automating all required electronic interface procurement card application systems, data file transfers and business process controls to satisfy the Comptrollers' accounting and aud iting requirements. Contractor's plans to automate accounting and auditing requirements shall include all pr ovisions for capturing merchant point of sale data, description of all data captured and an indication of the number of vendors currently capable of capturing procurement card purchasing data. The proposer should describe in the proposal its ability to matrix line item purchases to state accounting codes (i.e., object code s, account codes) and ability to extract additional transaction detail from merchant computer systems. The Contractor should also include plans to expand 19 vendors or merchants with the capability to capture detailed procurement card point of sale data. 20 CARDHOLDER INFORMATION [MANDATORY] The Contractor shall not sell or distribute a list of pa rticipating entities or cardholders, their addresses or any other information to any person, firm, or other entity fo r any purpose. This is absolutely prohibited. This section is not intended to prevent the Contractor fr om complying with the requirements herein and the resulting Contract for reports and reporting. PROCUREMENT CARD IMPLEMENTATION AND CUSTOMER SUPPORT [MANDATORY] Proposer shall provide a comprehensive summary of its procurement card program incorporating mandatory requirements to meet the needs of the eligible entities. Proposer shall delineate wh at staff would be deployed to implement the program by name, title and experience. Proposer shall provide action plan(s) for assisting participating entities in the development, implementati on and modifications of procedures and processes and recommend changes to rules and policies relative to procurement and procurement card use. REPORTS AND REPORTING DATA [MANDATORY] The proposer shall confirm in its proposal the capability of its procurement card program to generate report or report data through description and provision of samples of management and other reports or report data to be provided to cardholders and participating entities and th e Department of Manageme nt Services, Division of Purchasing. Reports or report data shall be capable of being sorted at all levels for at least the following: 1. Cardholder 2. Cardholder’s Supervisor 3. Participating Entity Reports or report data shall be available to the following: 1. Participating Entity’s Finance and Accounting Office 2. Comptroller 3. Department of Management Services, Division of Purchasing 4. Florida Fiscal Accounting Management Info rmation System (FFAMIS), Statewide Purchasing Subsystem (SPURS) Data furnished by the contractor must be available to enable a particular entity to generate the following: 1. Transaction data during a period to cardholder and finance office, or other office or individuals as may be designated by the participating entity. 2. Procurement card provider/supplier sales activity by Taxpayer Identification Number (TIN), by participating entity and cardholder. 3. To reconcile all procurement card transactions including charges, credits, disputes, adjustments, 21 duplicates, etc. 22 FINANCIAL INCENTIVES TO THE STATE, FEES AND COSTS [MANDATORY] Each proposer shall provide a complete and detailed su mmary of all fees and charges, if any, for their procurement card program including the following and any additional cost credits or incentives associated with the program: 1. Procurement card shared savings proposal form (shall include all volume level shared savings offered based upon percent of total value of tr ansactions processed through the procurement card system). Each proposer is required to complete and submit a form for an arrangement under which the proposer issues the cards and the replacements. Each propser is requested (not mandatory) to complete and submit a form for an arrangement under which the State uses its own ISO number, cards and replacements. The Division of Purchasing reserves the right to award under e ither option, as determined by the Division of Purchasing to be in the best interest to the State. 2. Fixed charges price sheet TAX EXEMPT NOTIFICATION [MANDATORY] Proposers shall indicate their ability to indicate purch ases by participating entities as "Tax Exempt" upon confirmation to vendors. INNOVATIVE IDEAS [DESIRABLE] Although the State has provided a detailed statement of needs and mandatory requirements for proposers to meet in order to be selected for the contract for th e procurement card service program, it is not intended to limit proposer's innovations or creativity in preparing a proposal to accomplish these goals. Innovative ideas, new concepts and partnership arrangements other than those presented in this Request for Proposal will be considered. For example, these might include unique business features, special services, discounts or terms and conditions specific to each proposer. If a proposer is willing to offer additional shared savings on purchases paid within one business day after submission, the idea and additional shared savings associated if the idea is accepted should be shown in the innovative ideas section of the response to this RFP. The specific cost or additional shared savings associated with each such idea or concept shall be fully disclosed along with the innovative idea and not listed on the shared savings proposal form or the fixed charges price sheet. The Division of Purchasing is interested in consideri ng optional features of proposals which will increase the potential for shared savings. In this regard, optiona l proposals are encouraged for the procurement card service to be managed as a debit card rather than a credit card. In order for this optional feature to be considered, the proposal must address the name of th e qualified public depository where the funds are to be deposited and such depository must satisfy the require ments of Chapter 280, Florida Statutes, and the rules adopted by the Treasurer thereunder. If the contract awarded as a result of this RFP includes a debit card optional feature, the contractor may not change th e qualified public depository without the express written consent of the Division of Purchasing. As noted above, th e additional costs or shared savings associated with this innovative idea should not be shown on the fixed char ges price sheet or shared savings proposal form(s) but rather only included along with the proposal in the innovative ideas section. 23 24 ADVANCED TECHNOLOGY The Contractor agrees to make at no cost to the State and no reduction in shared savings, future upgrades in its systems and processes to reflect advancements in associated technology, hardware, and software. REPORT DATA [DESIRABLE] Proposer shall indicate its ability as applicable to indicate purchases with State Term Contracts for commodities and services, and Florida Certified Minority and Women-owned Businesses. FINANCIAL STABILITY Each proposal shall include financial statements audited by a certified public accountant which include balance sheets and income statements for the proposer's two (2) most recent fiscal years. These documents should break out subsidiary data if the proposer is part of a larger entity. REFERENCES [MANDATORY] Each proposer must submit documentation indicating expe rience in providing a similar service to four (4) current or former firms or government agencies and to demonstrate the ability to handle a contract of this complexity, which shall include the following information: ⎯ Number of customers ⎯ Name of Government Entity/company serviced ⎯ Contract start/completion dates ⎯ Name of contact person ⎯ Title of contact person ⎯ Telephone number(s) To the extent that proposer is currently furnishing this service to a State government entity, one or more of the references shall include the government entity. In additi on, if vendor is, or has provided financial services to the State of Florida, proposer shall provide information on such services. PERSONNEL RESOURCES [MANDATORY] Each proposal shall list the following information relative to all personnel resources that would be assigned to the State of Florida procurement card program: -Number of full time positions that will be assigned -Number of hours each full time position will be assigned to the State of Florida program -Physical location of employees assigned The Division of Purchasing retains the right to request additional data pertaining to the proposer's ability and qualifications used to accomplish all work in this RFP as it deems necessary to ensure competent and satisfactory work. Any vendor failing to submit, on request, in whole or in part, the required statement attesting to qualifications will disqualify the proposal of that vendor. 25 EVALUATION COMMITTEE Proposals will be evaluated by an evaluation committee, composed of employees of the Department of Management Services, Comptroller, and/or other State agencies. Proposals which do not conform to manda tory requirements will be rejected and shared savings proposal form and fixed charges price sheet not opened. The evaluation committee's scoring of proposals will be tabulated and ranked by the committee. PROPOSAL EVALUATION AND AWARD CRITERIA It is anticipated that a contract will be established with a single proposer. The proposal selected will be the one determined to provide the best value to the State of Florida. The evaluation process will comprise comparative analysis of technical and financial criteria. The technical and financial criteria will be weighted to arrive at the sel ection of the proposal which offers the best value to the State of Florida. All proposals meeting mandatory requirements will be further evaluated based on the following criteria: Maximum Technical Proposal: Points Current retailer base in Florida 25 Features of program 16 Development and implementation of program 7 Contractor, staff, support, and training 7 Experience in providing similar corporate card program 10 Ability to accept ISO number and card adopted by FSU 4 Technical Component 62 Financial Proposal: Proposed shared savings 30 Fixed charges 8 Financial Component 38 Total Evaluation Score 100 Upon notification, a responsive proposer may be required to make an oral presentation to members of the evaluation committee to clarify all mandatory and desi rable requirements, and other aspects of proposal offered. 26 AWARD OF CONTRACT Award will be made to the proposer meeting all mandato ry requirements, and achieving the highest rating on a weighted basis as designated above. As in the best interest of the State, the right is reserved to reject any and all proposals or waive any minor irregularity or t echnicality in proposals received. The Division of Purchasing has the right to award to the proposer proposing the best value to the State of Florida, whether the card is provided by the card provider or provided by the St ate of Florida. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. NOTIFICATION OF AWARD The successful proposer will be advised of the award by the Department of Management Services, Division of Purchasing. A contract defining all deliverables, revenues and costs, and the responsibilities of the procurement card provider will be developed by the De partment of Management Services, Division of Purchasing, and negotiated with the successful proposer. Public announcements or news releases pertaining to this contract will not be made without prior permissi on of the Department of Management Services, Division of Purchasing. PROPOSAL CONTENT AND FORMAT OVERVIEW The requirements established for proposal content and form at will be rigidly enforce d. Variations from the requirements prescribed herein will subject the proposer to outright disqualification. It is in the best interests of the proposer to become familiar with the constraint s imposed on its proposal so that the evaluation process can proceed in a timely manner. SUBMISSION OF SEALED PROPOSALS Each proposer must submit the original technical proposal (excluding shared savings proposal form and fixed charges price sheet) package in a single sealed package. The package must be clearly labeled with the following information: ORIGINAL Name of Proposer Proposal Number Time and Date of Proposal Opening Proposer's Federal Employment Identification Number (FEID) Each proposer must submit five (5) duplicate copies of the original technical proposal (excluding shared savings proposal form and fixed charges price sheet) in a separate envelope clearly labeled as follows: DUPLICATE COPIES Name of Proposer Proposal Number 27 SHARED SAVINGS PROPOSAL FORM Each proposer must submit the mandatory shared savings proposal form and fixed charges price sheet (also include the optional shared savings proposal form if app licable to response) in a separate sealed envelope within the original proposal package clearly marked as follows: SHARED SAVINGS PROPOSAL FORMS Name of Proposer Proposal Number If there are discrepancies in the material or cont ent between the "original" and the "duplicates", the information contained in the original shall prevail. Th e shared savings proposal form and fixed charges price sheet shall be provided only with the original proposal. Any addendums or answer(s) to written questions supp lied by the Division of Purc hasing to proposers shall include an Addendum Acknowledgment form. This form shall be signed by an authorized company representative, dated, and returned as part of the technical proposal. Proposers shall submit their proposals on or before the time indicated in the "Key Events/Dates" paragraph of this RFP, to the purchasing office listed on the Request for Proposals Acknowledgment form. AGREEMENT MODIFICATIONS No provision of this agreement shall be modified, ame nded, or waived on behalf of the Division of Purchasing except in writing from the Division Director or his designee. BINDING OF THE PROPOSALS Proposers shall submit proposals so that addendum update page s can be easily identified. The official name of the firm submitting the proposal must appear on the outsi de front cover of each binder, together with the information given in the RFP. PROPOSAL FORMAT INSTRUCTION Each proposal must incorporate a Table of Contents. E ach proposal must have major sections of the proposal identified with index tabs to identify the major sections of the proposal as they are named in the Table of Contents. Emphasis in each proposal must be on completene ss and clarity of content. It is through this Table of Contents that the evaluation committee will evaluate conformance to uniform proposal content and format. 28 PROCUREMENT CARD SHARED SAVINGS PROPOSAL FORM Proposer’s Name: NationsBank N.A. (South) Please indicate which of the following applies to this form: x Proposer issues cards and replacements (mandatory submission) State uses its own ISO number, cards and replacements (optional submission) (a) (b) (c) Calendar days Dollar amount of Shared Assumed Shared from billing card purchases savings value for savings offered to Payment per calendar month offered(%) evaluation [column (a)x(b)] Less than 6 Through $5 million .58 $ 5,000,000 $ 29,000 $5 through $10 million .58 $ 5,000,000 $ 29,000 $10 through $35 million .58 $25,000,000 $ 145,000 More than $35 million .58 $25,000,000 $ 145,000 Total $ 348,000 6 through 10 Through $5 million .50 $ 5,000,000 $ 25,000 $5 through $10 million .50 $ 5,000,000 $ 25,000 $10 through $35 million .50 $25,000,000 $ 125,000 More than $35 million .50 $25,000,000 $ 125,000 Total $ 300,000 11 through 21 Through $5 million .42 $ 5,000,000 $ 21,000 $5 through $10 million .42 $ 5,000,000 $ 21,000 $10 through $35 million .42 $25,000,000 $ 105,000 More than $35 million .42 $25,000,000 $ 105,000 Total $ 252,000 22 through 31 Through $5 million .27 $ 5,000,000 $ 13,500 $5 through $10 million .27 $ 5,000,000 $ 13,500 $10 through $35 million .27 $25,000,000 $ 67,500 More than $35 million .27 $25,000,000 $ 67,500 Total $ 162,000 More than 31 Through $5 million NA $ 5,000,000 $ $5 through $10 million NA $ 5,000,000 $ $10 through $35 million NA $25,000,000 $ More than $35 million NA $25,000,000 $ Total $ 29 PROCUREMENT CARD FIXED CHARGES PRICE SHEET Proposer: NationsBank N.A. (South) Total One-Time Charges: $0 Recurring Charges (describe frequency): Late Payment Fee $0 Draft Retrieval Request Copy $3.00 Per Copy When Pu lled For Transactions Other Than Disputes Insufficient Funds $20.00 When Payment Funds Do Not Clear Federal Express Rush Card $9.00 Per Package When Card Is Requested In 24 Hours Total Recurring Charges: $0 Unless One Of The Above Is Utilized ORDERING INSTRUCTIONS NOTE : ALL ORDERS SHOULD BE DIRECTED TO: VENDOR: Bank of America, N. A., (USA) (A) CONTACT NAME: Evan Tullos TITLE: Senior Vice President STREET ADDRESS OR P.O. BOX: 13099 US 41 SE STE 400r CITY, STATE, ZIP: Fort Myers, FL 33907 ELECTRONIC MAIL ADDRESS: evan.tullos@nationsbank.com TELEPHONE: (239) 433-6105 TOLL FREE NO.: N/A ORDERING FAX NO.: (239) 433-6105 INTERNET ADDRESS: www.bankofamerica.com REMIT ADDRESS: 13099 US 41 SE STE. 400 CITY, STATE, ZIP: Fort Myers, Florida 33907 REV (10 May 07) ADDENDUM TO THE AGREEMENT WITH BANK OF AMERICA This Agreement is made this _____________ day of ____________ 2011, by and between City of Miam i Gardens, (“CITY ”) 1515 NW 167 th Street, Suite 200, Miami Gardens, Florida 33169, and Bank of America, N.A. (“BANK OF AMERICA”). WITNESSETH WHEREAS, the State of Florida (“ST ATE”) competitivel y bid and awarded Contract No. 973-120-97-1, for statewide procurement card services, to BANK OF AMERICA on February 4, 1999, and WHEREAS, on July 7, 2007, the Agreement was continued and was subsequently exte nded on June 23, 2010, and WHEREAS, on January 6, 2011, BANK OF AMERICA and the STATE extended the Agreement thr ough January 6, 2013, and WHEREAS, the Agreement betwee n BANK OF AMERICA and the STATE allows the CITY to “piggy-back” on th e State’s Contract for procurement card services, NOW THEREFORE, in consideration of the monies herein described and for other good and valuable consid erations, the legal sufficiency of which is hereby acknowledged, and the parti es agree as follows: 1. The foregoing recitals are correct and incorporated into this Agreement. 2. The terms of that certain State of Florida Contract No. 973-120-97-1, Amendments to that Contract and all Contract Documents referenced, are hereby incorporated herein by reference. 3. All references to “State of Florida” or “State”, in the State of Florida Contract No. 973-120-97-1, shal l be changed to “City of Miami Gardens”, with all notices given to the CITY at the following address: 1 City of Miami Gardens Purchasing Department 1515 NW 167 th Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 4. All references to “Comptroller”, in the State of Fl orida Contract No. 973-120-97-1, shall be changed to “City of Miami Gardens’ Finance Director”. 5 This Agreement shall be effective up on the date of execution by both parties. 6. All terms and conditions of Stat e of Florida Contract No. 973-120-97-1, not amended by this Agreement shall remain in full force and effect. 7. In the event of any co nflict or inconsistency bet ween the provisions of State of Florida Contract No. 973-120-97-1, or the provisions of this Agreement, this Agreem ent shall prevail. 8. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Miam i-Dade County, Florida. SIGNATURE PAGE TO FOLLOW 2 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS ________________________ _______________________ Danny Crew, City Manager Date ATTEST: ____________________ City Clerk Ronetta Taylor, MMC Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney BANK OF AMERICA, N.A. By: ___________________________ _________________________ Signature Date ___________________________ Print name and Title