1-RFP Payment Services Company-09-08-2025 (1).pdf

WASATCH FRONT WASTE AND RECYCLING DISTRICT

REQUEST FOR PROPOSAL (RFP)

PAYMENT SERVICING SOLUTIONS

Greetings!

The Wasatch Front Waste & Recycling District (WFWRD) is seeking proposals from qualified financial technology (FinTech) firms to provide secure, user-friendly, and cost-effective payment servicing solutions for our customers.

The purpose of this RFP is to explore innovative options for billing and collections that:

• Provide competitive pricing and fee structures for the District and its residents

• Offer superior customer service and end-user experience

• Ensure strong data security and regulatory compliance

• Seamlessly integrate with existing systems

• Support modernization and scalability of billing operations

The qualified firm shall furnish all labor, materials, equipment, tools, and supplies required in accordance with the specification, requirements, and terms of this RFP.

Please include the following items in the proposal, in this order:

• Completed Confidential Statement Form (Proposal Response Form)

• Completed Certificate of Non-Collusion

• Certification of Compliance with E-Verify Program or equivalent

• Completed Cost Proposal Form in a separate sealed envelope marked “Cost Proposal,” submitted at the same time.

• Completed IRS W-9 Form

• Completed proposal

• References for at least three (3), and up to five (5), active customers.

• Evidence of full prior acts insurance coverage.

Please submit all questions prior to:

Tuesday, September 23rd, before 5:00 p.m. Mountain Standard Time

Direct All Questions to:

Catarina Garcia, CGarcia@WFWRDUtah.gov

Every effort will be made to contact known proposers of all changes and addenda to this RFP.

Please submit either five (5) physical copies of your proposal or one (1) electronic copy.

Cost proposals must be submitted separately from the main proposal. If submitting a physical copy, please include the cost proposal in a separate envelope. If submitting an electronic copy, please include the cost proposal as a separate PDF file.

Wasatch Front Waste and Recycling District Attn: Catarina Garcia 604 West 6960 South Midvale, Utah 84047

Emailed proposals shall be sent to: CGarcia@WFWRDUtah.gov

All Proposals Are Due by: October 7th, 5:00 pm Mountain Standard Time

NO LATE PROPOSALS WILL BE ACCEPTED.

mailto:CGarcia@WFWRDUtah.gov

INTRODUCTION AND BACKGROUND

WFWRD’s mission is to provide sustainable integrated waste and recycling collection services for the health and safety of our community… because not everything fits in the can.

WFWRD proudly serves the municipalities of Brighton, Copperton, Cottonwood Heights, Emigration Canyon, Herriman, Holladay, Kearns, Magna, Millcreek, Taylorsville, White City and portions of Murray and Sandy; along with the unincorporated areas of Salt Lake County. WFWRD became a separate government organization from Salt Lake County effective January 1, 2013. The Salt Lake County Council and the District’s Board made this change to bring control of waste and recycling collection services closer to the residents who receive the services. Cities and townships now have ultimate authority regarding their waste and recycling collection needs.

Current billing occurs quarterly, but the District intends to implement monthly billing starting January 2026. The District currently bills approximately 86,000 customer accounts each billing cycle.

SCOPE OF WORK

The Wasatch Front Waste & Recycling District (WFWRD) is seeking proposals from qualified financial technology (FinTech) firms to provide secure, user-friendly, and cost-effective payment servicing solutions for our customers.

The purpose of this RFP is to explore innovative options for billing and collections that:

• Provide competitive pricing and fee structures for the District and its residents

• Offer superior customer service and end-user experience

• Ensure strong data security and regulatory compliance

• Seamlessly integrate with existing systems

• Support modernization and scalability of billing operations

The qualified firm shall furnish all labor, materials, equipment, tools, and supplies required in accordance with the specification, requirements, and terms of this RFP.

PROJECT SCOPE MINIMUM AND PREFERRED REQUIREMENTS

Mandatory Minimum Requirements:

The selected vendor must be able to provide the following services:

• Online bill payment portal

• Mobile payment solutions

• Text-to-pay and SMS reminders

• Recurring payment setup (autopay)

• Paperless billing / eBill presentment

• IVR (phone) payment options

• Barcode/kiosk support for in-person payments

• Integration with Caselle and credit card machines

• Real-time reporting and dashboard tools including reconciliation reports

• Payment Card Industry Data Security Standard (PCI DSS) compliant processing for credit cards and ACH

• Ability for customers to view/print bills with a bill history going back at least two years.

• District Staff Training & Access: Offer training and support for District personnel to ensure effective use of the vendor’s systems, including customer account lookup, reporting, and troubleshooting.

• Service-Level Commitments: Proposals should include service standards (e.g., average response times, resolution times, and uptime guarantee) that ensure customers experience minimal delays and high reliability.

• Customer Data Handling: Provide clear protocols on how customer contact information collected during billing/payment processes will be securely stored, accessed, and shared with the District.

• System Integration Requirements o Integration with Caselle (billing/accounting software) o Provide a list of card payment processors (i.e. WFWRD currently uses Chase Paymentech) the vendor integrates with along with merchant processor pricing in a cost-plus format, if available.

o Support for both full API integration and batch file data processing

Preferred Requirements:

• Customer Service and Support Services:

o Bilingual Support: Customer-facing systems and support being available in both English and Spanish.

o Multiple Support Channels: Include live customer support via toll-free/local phone number, chat, and online portal. Vendors should also describe escalation processes for complex issues.

o User-Friendly Portals: Provide a white-labeled, mobile-responsive interface that makes it easy for customers to view bills, set up autopay, manage payment preferences, and track billing history.

o Customer Data Handling: Provide clear protocols on how customer contact information collected during billing/payment processes will be securely stored, accessed, and shared with the District.

• Bank bill pay solutions

• Ability to charge a transaction/convenience fee for credit card and/or ACH payments made through proposers’ online portal if a revenue neutral model is not an option (revenue neutral model is preferred, if available).

Vendors should indicate which services they are proposing, the costs and how they meet the District’s needs.

OVERVIEW

WFWRD is a Special District governed by Title 17B, of the Utah Code and, as a political subdivision of the State of Utah, is subject to laws applicable to a political subdivision, such as the Utah Procurement Code found at Title 63G, Chapter 6a of the Utah Code. In the event of any conflict between this RFP and applicable provisions of the Procurement Code, the Procurement Code shall prevail and shall control this RFP and the contract that may ultimately be awarded by the District.

Responses to this RFP should include details about qualifications and related experience as described herein. Responses should also include a proposal for a recommended approach to the project and proposed fees for services rendered.

An evaluation committee will compare, evaluate, and score all qualifying submittals and, unless the RFP is canceled without awarding a contract, a contract will be awarded to the Proposer receiving the highest score, unless a cost-benefit analysis is required pursuant to Utah Code Ann. § 63G-6a-708 and the cost-benefit analyses does not justify the award, in which event the contract will be awarded to the Proposer with the next highest score, unless it is disqualified based upon a statutorily mandated cost-benefit analyses. This procedure will continue until either a contract is awarded or the solicitation is canceled by the District without awarding a contract.

CONTENT AND SUBMISSION OF PROPOSALS

If your firm is qualified and would like to be considered, please furnish a proposal.

The following is the timeline of this procurement process:

• Submission Deadline: 5:00 pm MST on Tuesday, October 7th, 2025

• Format:

o PDF by email to CGarcia@WFWRDUtah.gov o Or a hard copy sent to:

Wasatch Front Waste and Recycling District

Attn: Catarina Garcia

604 West 6960 South

Midvale, Utah 84047

• Ensure consistency with the cover page instructions.

mailto:CGarcia@WFWRDUtah.gov

• Questions: All inquiries must be submitted via email to the same contact by Tuesday, September 23rd, 2025, 5:00 pm MST.

• Proposals will be opened and evaluated starting on Wednesday, October 8th, 2025.

• Decision will be made no later than Friday, November 7th, 2025 if product presentations have been completed by then.

• Evaluation of Proposals. The information obtained will be used in determining the proposal that best meets the District’s needs. Proposals will be evaluated based upon the costs, qualifications and references of the proposer’s ability to meet the project scope of services and minimum requirements, as provided. An awarded contract will not be based solely upon the lowest cost. However, it will be awarded based on total points awarded by the evaluation committee as provided herein, which will be on a determination of the proposal that is most advantageous to WFWRD.

• Addenda and Supplements to this Request for Proposal. If it becomes necessary to revise any part of this RFP, an addendum will be provided to all who requested or received copies of this request, who are known to the District. The District will not be responsible for any oral or other unofficial interpretation of any element of this RFP or its related documentation.

• Withdrawal of Proposals. Unauthorized conditions, limitations, or provisions attached to a proposal may render it as not complying with the District’s RFP and may be rejected. The proposal may be withdrawn upon request by the proposers without prejudice prior to, but not after, the time fixed to received proposals.

• Rejection of Proposal. The District reserves the right to reject any or all proposals, to waive any informality in such proposals, to request new proposals, to revise the RFP prior to the time for final submission of written proposals, to otherwise proceed to do the work, to withdraw this RFP, to not award a contract, and to not award a portion or portions of the

RFP.

• Submittal Ownership. All material submitted in response to this RFP will become the property of WFWRD and will not be returned unless the proposers request a withdrawal.

Submitted proposals will be reviewed and evaluated by an evaluation committee consisting of at least three (3) individuals selected at the discretion of WFWRD.

• Cost. The cost for developing proposals is entirely the responsibility of the proposer and shall not be chargeable to WFWRD.

• Acceptance of Proposal. Submission of a proposal constitutes an agreement by the proposers to each and all of the terms and conditions as set forth in this RFP. The contents of the proposal of the successful firm shall, as appropriate, become contractual obligations upon entering into a written contract with Wasatch Front Waste and Recycling District within thirty (30) days after issuance by the District of a notice of award. Failure of the successful firm to timely accept these obligations may result in cancellation of the award and, at the discretion of the District, the award may be given to the proposer with the next highest evaluation score.

• Transmittal Letter and Title Page. A transmittal letter shall be included containing a brief statement of the proposer’s understanding of the services requested and an indication of positive interest in contracting with the District. The letter and/or a title page should contain the name of the proposer’s firm, a street address for correspondence, and a primary contact for the proposal. Local office(s) of the firm should be listed.

• Fee Proposal. Each proposer must submit a cost proposal. Cost proposals must be submitted separately from the main proposal. If submitting a physical copy, please include the cost proposal in a separate envelope. If submitting an electronic copy, please include the cost proposal as a separate PDF file.

• References. Proposers shall provide a minimum of three (3) appropriate references.

• W-9. Proposer shall provide a completed, signed W-9.

• Standard Contract. Each proposer shall provide their standard contract as described in the “EVALUATION AND SELECTION CRITERIA” section below.

EVALUATION AND SELECTION CRITERIA

Proposers may be invited to give a presentation of the proposed services to the evaluation committee.

The proposer’s services to be evaluated, if any, will be notified in writing or email prior to the scheduled interviews. A limited number of proposers may subsequently be re-interviewed before the final evaluation is complete.

Proposals, including any supplemental information requested by the District, will be evaluated based on their overall responsiveness to the requirements and evaluation criteria of this RFP.

The final, detailed scope of services, terms, conditions, schedules, and professional fees for the services will be determined following the initial selection process.

Each proposer is requested to submit its standard (or revised to meet the requirements of this RFP) contract which the proposer would like the District to consider. The District expects each submitted contract to include provisions that are consistent with this RFP and consistent with the Wasatch Front Waste and Recycling District Standard Terms and Conditions (which will be provided upon request).

If the District and the proposer to which the notice of award is issued are not able to agree to final contract terms within thirty (30) days after the issuance of the notice of award, the notice of award may be canceled by the District, and the District may either cancel this RFP or issue a new notice of award to the proposer receiving the second most points, in which case the above procedure will be repeated, and may be repeated with successive proposers until either a contract is executed or the District cancels the RFP without awarding a contract.

Any selected firm will be required to honor the terms and conditions contained in this RFP and the executed contract. The parties to the contract shall not assign the contract, or any part thereof, without the prior written consent of the other party to the contract. No assignment will relieve the original parties from any liability thereunder.

The District reserves the right to reject any or all proposals, to waive any informality in such proposals, to request new proposals, to revise the RFP prior to the time for final submission of written proposals, to proceed to do the work otherwise, to withdraw this RFP, to not award the RFP, and to not award a portion or portions of the RFP, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the District.

The information obtained will be used in determining the proposal that best meets the District’s needs.

Proposals will be evaluated on the following criteria:

1. Cost to the District and Customers – 30% Demonstrate competitive pricing structures that minimize costs to the District and residents while maximizing value. Include base fees, per-transaction fees, and optional feature costs.

Please provide your complete price sheet or fee schedule, if available.

For scoring, the District will evaluate estimated annual cost to the District by looking at the annual platform fee and per-transaction fees (card, ACH, and bank bill pay, if applicable), applied to the District’s projected volume of approximately 50-75,000 transactions per billing cycle (38% card, 42% ACH, 20% bank bill pay).

The proposer with the lowest total estimated annual cost will receive 27 points; all others will receive proportionally fewer points, calculated as (lowest ÷ proposer’s cost) × 27.

The District may then award up to 3 additional points on any proposal that includes innovative or value-added features that aren’t fully recognized through the above scoring system (e.g., waived resident convenience fees, bundled services, or other enhancements) that reduce overall costs or provide measurable financial benefit to the District or its residents.

2. Scope and Quality of Features Offered Including Reporting and Data Tools– 20% Provide a comprehensive payment solution, including mobile, online, text-to-pay, autopay, IVR, kiosks, dashboards, and other innovative features that enhance customer convenience. Provide examples of reporting and dashboard capabilities, including real-time reporting, downloadable formats, and customization options.

3. Integration Compatibility – 20% Demonstrate seamless integration with WFWRD’s systems, including Caselle, Chase Merchant Services, and GIS databases. Include support for both API and batch data processing.

4. Customer Service & User Support – 10% Provide evidence of strong customer service practices, including bilingual support (English/Spanish), user-friendly portals, training for District staff, and clear escalation procedures.

5. Vendor Experience & References – 10% Demonstrate relevant experience with similar public-sector or utility billing projects. Provide three references with client names, project scope, and outcomes.

6. Security & Compliance Capabilities – 10% Confirm PCI-DSS compliance and provide additional certifications (SOC 2, GDPR, or others).

Describe processes for protecting customer financial data.

DISQUALIFICATION OF PROPOSAL

The District reserves the right to reject any proposal where the proposer is determined by the District not to be responsible, or the District determines that the proposal is not responsive to this RFP. The occurrence of any of the following may result in disqualification of a proposal:

• Failure to respond within the established timetable.

• Failure to completely answer all questions presented or provide all information requested in this Request for Proposal.

• Use of any other type of form or format, other than as indicated in this RFP.

• Failure to provide requested documentation prior to the proposal submission deadline.

• Illegible responses.

DISPOSITION OF PROPOSALS

• All proposals (and the information contained therein) shall become the property of Wasatch Front Waste and Recycling District. No proposal that is not previously withdrawn, shall be returned to the respondent regardless of the outcome of the selection process.

• Wasatch Front Waste and Recycling District may award a contract in reliance upon the information contained in proposals submitted in response to this Request for Proposals.

Wasatch Front Waste and Recycling District will be legally bound only when and if there is a signed contract entered into between Wasatch Front Waste and Recycling District and the awarded proposer.

• Any person who signs a proposal on behalf of a proposer thereby certifies that he or she has the authority to so act. Any proposer whose proposal is accepted may be required to answer further questions and provide further clarification of its proposal and responses.

• Receiving this Request for Proposal or responding to it does not entitle any individual or firm to participate in or enter into any transactions resulting from or arising in connection with this Request for Proposal. Wasatch Front Waste and Recycling District shall have no liability to any person or entity under or in connection with this Request for Proposal, unless and until Wasatch Front Waste and Recycling District and such person have executed and entered into a contract pursuant to the terms of this Request for Proposal.

• By responding to this Request for Proposal, each responding party acknowledges that neither Wasatch Front Waste and Recycling District nor any of its representatives are making or have made any representation or warranty, either express or implied, as to the accuracy or completeness of any portion of the information contained in this Request for Proposal. The responding party further agrees that neither Wasatch Front Waste and Recycling District nor any of its representatives shall have any liability to the responding party or any of its representatives because of this Request for Proposal process or the use of the information contained in this Request for Proposal. Only the terms and conditions contained in the contract when, as, and if executed, and subject to such limitations and restrictions as may be specified therein, may be relied upon by the parties in any manner as having any legal effect whatsoever.

AUTHORITY OF THE GENERAL MANAGER

The General Manager will decide all questions which may arise as to the quality, quantity and acceptability of materials furnished, work performed, and as to the rate of progress of the work. The General Manager will also decide all questions which may arise as to the acceptable fulfillment of the contract on the part of the proposer/contractor.

The General Manager will have the authority by written order to suspend work wholly or in part due to the failure of the proposer/contractor to carry out provisions of the RFP or the contract, for failure to carry out orders, for such periods as the General Manager may deem necessary due to conditions considered unsuitable for the progress of the work, or for any other condition or reason deemed to be in the District’s interest. Written orders shall state the reason for the suspension.

LEGALITY

The proposer shall be responsible to provide all legal support for the project including, but not limited to, the preparation of contracts with subcontractors. This RFP (and the contract) shall be interpreted pursuant to the laws of the State of Utah.

CONTRACT TERMS

• Initial contract term: 3 years, with two optional one-year renewals

• Include termination clauses and performance expectations

• Must comply with all relevant Utah state procurement laws and public funds policies

INSURANCE COVERAGE

Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (i) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (ii) be maintained for a period of at least three (3) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to the District.

• All policies of insurance shall be issued by insurance companies licensed to do business in the State of Utah and be either:

o Currently rated A- or better by A.M. Best Company;

o Listed in the United States Treasury Department’s current Listing of Approved Sureties (Department Circular 570), as amended.

• The Contractor shall furnish certificates of insurance, acceptable to the District, verifying the foregoing matters concurrent with the execution hereof and thereafter as required.

• In the event any work is subcontracted, the contractor shall require its subcontractor, at no cost to the District, to secure and maintain all minimum insurance coverages required of the contractor hereunder.

• In the event that governmental immunity limits are subsequently altered by legislation or judicial opinion, the contractor shall provide a new Certificate of Insurance within thirty (30) days after being notified thereof in writing by the District, certifying coverage in compliance with the modified limits or, if no new limits are specified, in an amount acceptable to the District.

• All required certificates and policies shall provide that coverage thereunder shall not be canceled or modified without providing (30) days prior written notice to the District in a manner approved by the District’s Attorney.

• In the event contractor fails to maintain and keep in force any insurance policies as required herein, District shall have the right at its sole discretion to obtain such coverage and reduce payments to contractor for the costs of said insurance.

ADDITIONAL INSURANCE COVERAGE REQUIREMENTS

• Proof of workers’ compensation and employer’s liability insurance is required by the State of Utah, unless a waiver of coverage is allowed and acquired pursuant to Utah law. This requirement includes contractors who are doing business as an individual and/or as a sole proprietor as well as corporations and partnerships.

• In the event any work is subcontracted, the contractor shall require it’s subcontractor(s) similarly to provide workers’ compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law. (The District is not to be an additional insured for workers’ compensation insurance)

• Proof of commercial general liability and other insurance, on an occurrence form, with the District as an additional insured, in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general policy aggregate and $2,000,000 products completed operations policy aggregate.

The policy shall protect the District, the contractor, and any subcontractor from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from the contractor’s operations under this Agreement, whether performed by the contractor itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations, acts of independent contractors, and completed operations.

REFERENCES

WFWRD requires the submission of a written list of names and contact information of at least three (3) and up to five (5) active customers for whom you provide similar services. Failure to supply Wasatch Front Waste and Recycling District with said reference list or failure to supply Wasatch Front Waste and Recycling District with an explanation acceptable to Wasatch Front Waste and Recycling District as to the absence of said list, may render the bid non-responsive. Information provided by a reference that is not deemed satisfactory by the District may render the bid non-responsive.

INDEPENDENT CONTRACTOR

• Proposer states and affirms that Proposer is acting as an independent contract, holding itself out to the general public as an independent contractor for other work or contracts as proposer sees fit; that proposer advertises its services as it sees fit to the general public;

maintains its office or place of employment separate from Wasatch Front Waste and Recycling District; and the contract (when awarded) is not exclusive to other agreements, contracts or opportunities.

• The parties intend that an independent contractor relationship will be created by the contract (when awarded). The District is interested only in the results to be achieved, and the conduct and control of the work will lie solely with the proposer/contractor.

Proposer/Contractor is not to be considered an agent or employee of the District for any purpose, and the employees of the proposer/contractor are not entitled to any of the benefits that the District provides for District employees. It is understood that the District does not agree to use proposer/contractor exclusively. It is further understood that proposer/contractor is free to contract for similar services to be performed for others while working under the provisions of the contract with the District.

• If awarded, the proposer/contractor shall not assign or transfer its duties of performance, including subcontracting any or all of its responsibilities nor its rights to compensation without the prior written approval of the District.

• Both parties agree that proposer/contractor shall be deemed an independent contractor in the performance of the contract (when awarded), and shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. As such, proposer/contractor shall have no authorization, expressed or implied, to bind the District to any agreement, settlement, liability, or understanding whatsoever, and agrees to not perform any acts as agent for the District. The compensation provided in the contract herein shall be the total compensation payable hereunder by the District.

• The successful proposer/contractor will be required to provide a certification that the proposer/contractor is registered with and uses a Status Verification System as defined in Utah Code Ann. § 63G-12-102(21), such as E-Verify, to certify the employment status of new employees who work under the proposer’s supervision or direction within the State of Utah, as required by Utah Code Ann. § 63G-12-302(3)(b), and further that the proper/contractor is in compliance with and will remain in compliance throughout the term of the contract with the District with the requirements of Utah Code Ann. § 63G-12-302(3), including requiring a similar employee status verification by affidavit from all subcontractors working on the District’s project.

PAYMENTS

Invoices must be itemized and detail the expenses being billed.

Invoices can be mailed to: Wasatch Front Waste and Recycling District, 604 West 6960 South, Midvale, Utah 84047, or emailed to Brooke Pirtle, Accounting Technician bpirtle@WFWRDUtah.gov.

Any portion of an invoice which is disputed in good faith by the District will not be paid until the dispute is resolved, but any undisputed portion of the invoice will be paid as provided herein.

mailto:bpirtle@WFWRDUtah.gov

• Partial or progress payments, if any such are made, shall not relieve proposer/contractor of performance or obligations under the awarded contract, nor shall such payments be viewed as approval or acceptance of work that has been performed.

• Payments may be withheld from the proposer/contractor by the District in order to protect the District from loss due to:

o Defective work not remedied.

o Liens or claims filed or reasonable evidence of probable filing.

o The Proposer’s/Contractor’s failure to promptly pay subcontractors or suppliers for labor and/or materials accepted by the Proposer/Contractor.

o Damage to the District or any third party.

o Failure to perform.

PROPRIETARY INFORMATION

The Proposer shall mark any specific information contained in the proposal which the proposer desires not to be disclosed to the public or used for purposes other than the evaluation of the proposals. Pricing and service elements of any proposal will not, under any circumstance, be considered business confidential/proprietary.

Any desired business/confidential/proprietary designation must be accompanied by documentation as required by the provisions of the Government Records Access and Management Act, Utah Code Ann. §§ 63G-2-101 et seq. (“GRAMA”).

By submitting a proposal, each proposer shall acknowledge that, as a political subdivision of the State of Utah, the District is subject to GRAMA. There is no assurance that any information provided by a proposer will not be subject to disclosure under GRAMA, and the District shall incur no liability due to disclosing any document or record submitted by a proposer to the public or any third party, provided that the District acts in good faith in doing so.

WASATCH FRONT WASTE AND RECYCLING DISTRICT STANDARD TERMS AND CONDITIONS

Other Wasatch Front Waste and Recycling District Standard Terms and Conditions are included in the attached Appendix A.

ATTACHMENTS

• Appendix A – District Terms & Conditions

• RFP Response Form

• Reference Form

• Certificate of Non-Collusion

• Cost Proposal Cover Sheet

The District reserves the right to reject any and all proposals and to waive any informality in the bidding process.

APPENDIX A

WASATCH FRONT WASTE & RECYCLING DISTRICT (WFWRD or District)

STANDARD TERMS AND CONDITIONS

1. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.

2. LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal, State, and local laws and regulations, including applicable licensure and certification requirements.

3. RECORDS ADMINISTRATION: The Contractor shall maintain or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records shall be retained by the Contractor for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later.

The Contractor agrees to allow State and Federal auditors, and District Staff, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.

4. STATUS VERIFICATION SYSTEM: Each Contractor and each person signing on behalf of any Contractor certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302.

5. CONTRACTOR, AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the District to any agreements, settlements, liability, or understanding whatsoever, and agrees to not perform any acts as agent for the District, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Contractor by the District. The Contractor shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from the District for these contract services. Persons employed by the District and acting under the direction of the District shall not be deemed to be employees or agents of the Contractor.

6. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the District, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but not for claims arising from the District's sole negligence. The parties agree that if there are any Limitations of the Contractor’s Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property.

7. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the workplace.

8. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent.

9. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written amendment to the contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will not apply to this contract.

10. TERMINATION: If the terms of this agreement are violated, the party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated by the District without cause, in advance of the specified expiration date, upon ninety (90) days prior written notice being given the Contractor. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination.

11. NONAPPROPRIATION OF FUNDS: The Contractor acknowledges that the District cannot contract for the payment of funds not yet appropriated by the District Board of Trustees (BOT). If funding to the District is reduced due to an order by the BOT, or is required by law, or if federal funding (when applicable) is not provided, the District may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the District upon 30 days written notice. In the case that funds are not appropriated or are reduced, the District will reimburse Contractor for products delivered or services performed before the date of cancellation or reduction, and the District will not be liable for any future commitments, penalties, or liquidated damages.

12. SALES TAX EXEMPTION: The District’s sales and use tax exemption number is 13443643-002-STC.

The tangible personal property or services being purchased are being paid from District funds and used in the exercise of that entity’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract.

13. WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the District under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the District apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the District has relied on the Contractor’s skill or judgment to consider when it advised the District about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the District has not been warned. Remedies available to the District include the following: The Contractor will repair or replace (at no charge to the District) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the District may otherwise have under this contract.

14. INSURANCE: Contractor must carry insurance with policy limits no less than one million dollars per incident and two million dollars in the aggregate. Contractor must provide proof of insurance to District and must add District as an additional insured with notice of cancellation.

15. PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be available for distribution. Contractor gives the District express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA), except for sections identified in writing and expressly approved by the District. Contractor also agrees that the Contractor’s response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws.

The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation.

16. DELIVERY: Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the District except as to latent defects, fraud and Contractor's warranty obligations.

17. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to the District. The District contract number and/or the agency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the District will be those prices listed in the contract. The District has the right to adjust or return any invoice reflecting incorrect pricing.

18. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon early payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms on invoices. The prompt payment discount will apply to payments made with purchasing cards and checks. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise.

19. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate District official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6-

3. The IRS rate is adjusted quarterly, and is applied on a per annual basis, on the invoice amount that is overdue. All payments to the Contractor will be remitted by mail, electronic funds transfer, or the District’s Purchasing Card (major credit card).

20. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the District, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract.

21. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the District.

22. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the District to declare Contractor in default of the contract: 1. Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. The District will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, the District may do one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this contract and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed in the contract; 4.

Suspend Contractor from receiving future solicitations.

23. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The District may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract.

24. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the District is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the District, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.

25. CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and Conditions will apply to this contract including terms listed or referenced on a Contractor’s website, terms listed in a Contractor quotation/sales order, or the Contractor’s response to the District’s Solicitation. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1. District Standard Terms and Conditions; 2. District Contract Signature Page(s); 3. District Additional Terms and Conditions; 4. Contractor Terms and Conditions.

26. ANTI-BOYCOTT: Each Party certifies that it is not currently engaged in a boycott of the State of Israel or an economic boycott, as defined in Utah Code Ann. § 63G-27-102 and prohibited by Utah Code Ann. § 63G-27-201(1); and agrees not to engage in a boycott of the State of Israel for the duration of this

Agreement. Furthermore, each Party agrees to notify the other Party in writing if the first Party begins engaging in a prohibited economic boycott during the term of this Agreement. Activities which are not to be boycotted, absent an ordinary business purpose or unless the boycott is intended to comply with applicable state or federal law, include a boycott of companies that are engaged in fossil fuel-based energy, timber, mining, agriculture, or firearms; companies that do not meet or commit to meet environmental standards beyond applicable state and federal law requirements; or companies that do not facilitate or commit to facilitate access to abortion or sex characteristic surgical procedures.

Notwithstanding anything to the contrary stated in this contract, pursuant to Utah Code Ann. § 63G-27- 201(3), this paragraph does not apply to a contract with a total value of less than $100,000 or to a contract with an entity that has fewer than 10 full-time employees, nor prohibit either Party from entering into a contract with an entity that engages in an otherwise prohibited economic boycott if there is no economically practicable alternative available “to (A) acquire or dispose of a good or service;

or (B) meet…[District’s or City’s, as applicable,] legal duties to issue, incur, or manage debt obligations, or deposit, keep custody of, manage, borrow, or invest funds” or if the purpose of the economic boycott is to “comply with federal law.”

27. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related District Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the District. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement.

RFP RESPONSE FORM

Payment Servicing Solutions

To receive consideration, submitted bids must contain responses to all questions.

Failure to respond to all questions may result in disqualification of your bid.

COMPANY NAME & ADDRESS:

Telephone #: ( ) Emergency #: ( )

Fax #: ( ) Email…