25-001-TS Final.pdf

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Attached to
25-001-TS Electronic Payment System for Kane County Animal Control
Solicitation number
25-001-TS
Issued by
Kane County, Illinois

About this file

This is a Request for Proposal (RFP) issued by the Kane County Purchasing Department for Electronic Payment Services for Kane County Animal Control in Illinois. The solicitation seeks a vendor to provide electronic payment cards and ACH services for registration tags, adoptions, donations, fines, and service fees, specifically requiring two portable payment machines. The RFP was released on December 19, 2024, with proposal submissions due electronically by 2:30 p.m. CST on January 9, 2025. The contract will be a two-year term beginning on the date of County Board execution, with options for three additional one-year extensions if mutually agreed upon and approved.

The historical payment data shows annual credit card revenues ranging from $34,675.31 in 2022 to $77,349.98 in 2018, with monthly averages between $2,889.61 and $6,445.83. The RFP emphasizes specific technical requirements including in-person training, terminal capabilities for multiple payment types, customer service responsiveness, online payment capabilities, transaction cancellation/refund abilities, and consolidated customer receipts. The vendor will collect transaction fees directly from end users, with proposed rates of $0.00 for electronic checks/ACH and a percentage fee for debit/credit card transactions with a $1.00 customer minimum purchase. The evaluation criteria will weight proposal suitability at 40%, client references at 15%, capability at 15%, and cost proposal at 30%.

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County of Kane

PURCHASING DEPARTMENT

KANE COUNTY GOVERNMENT CENTER

Karin Kietzman, CPPB 719 S. Batavia Avenue, Bldg. A.

Director of Purchasing Geneva, Illinois 60134 Telephone: (630) 208-3803 Fax: (630) 208-5107

REQUEST FOR PROPOSAL

DATE: December 19, 2024

RFP #25-001-TS – Electronic Payment Services for Kane County Animal Control

The County of Kane (“County”) Animal Control Department is soliciting proposals for electronic payment cards and ACH services for registration tags, adoptions, donations, fines, and service fees. We would require 2 portable machines

All questions pertaining to this RFP and/or the scope of services should be directed to purchasing@kanecountyil.gov NO LATER THAN 4:00 P.M., January 6, 2025.

EVENT: LOCATION: DATE: TIME:

Deadline for Exceptions to Proposal Language and Specification Inquiries.

Must be submitted in writing to:

Purchasing@co.kane.il.us

01/06/2025 4:00 p.m.

Proposal Due

Proposals may be submitted electronically to https://www.bidnetdirect.com/illinois/k anecounty

01/09/2025 2:30 p.m.

√ SUBMITTAL CHECKLIST

PROPOSAL RESPONSE FORM COMPLETED, WITH AUTHORIZED SIGNATURE

ELECTRONIC (PDF) COPY (MUST BE SUBMITTED ELECTRONICALLY AT

http://www.bidnetdirect.com/illinois/kanecounty

ADDENDA NUMBER ACKNOWLEDGED, IF APPLICABLE

PROPOSAL PRICING (INCLUDING UNIT PRICES, WHERE REQUIRED)

REFERENCES

COMPLETED CONTRACTOR DISCLOSURE FORM (UPON AWARD)

COMPLETED FAMILIAL DISCLOSURE FORM (SIGNED AND NOTARIZED) AND

VENDOR CERTIFICATION COMPLETED (UPON AWARD)

CERTIFICATE OF INSURANCE SAMPLE

EXCEPTIONS TO THE COUNTY’S GENERAL TERMS, CONDITIONS OR

REQUIREMENTS

Submit one (1) electronic copy (PDF format) of any exceptions to the County’s terms, conditions, or requirements outlined in this RFP. Such exceptions may be considered in the evaluation and award processes. The County will be the sole determiner of the acceptability of any exception. Any exceptions submitted may render the submission as non-responsive to the requirements listed.

mailto:purchasing@kanecountyil.gov mailto:Purchasing@co.kane.il.us https://www.bidnetdirect.com/illinois/kanecounty https://www.bidnetdirect.com/illinois/kanecounty http://www.bidnetdirect.com/illinois/kanecounty

RFP 25-001-TS

Electronic Payment Services for Kane County Animal Control

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PLEASE NOTE: Proposals received after the submittal time will be rejected.

CONTACT PERSON: Tony Sperkowski purchasing@kanecountyil.gov

DISCLAIMER: TO THE EXTENT THAT YOU HAVE OBTAINED THESE DOCUMENTS FROM A

SOURCE OTHER THAN BID NET DIRECT, PLEASE BE ADVISED THAT THESE DOCUMENTS MAY NOT

INCLUDE ALL UPDATES, INCLUDING, BUT NOT LIMITED TO, ADDENDUMS, CLARIFICATIONS, AND

DUE DATE EXTENSIONS. FOR ALL UPDATES TO DOCUMENTS, PLEASE VISIT

HTTPS://WWW.BIDNETDIRECT.COM/ILLINOIS/KANECOUNTY

mailto:purchasing@kanecountyil.gov

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INSTRUCTIONS TO OFFERORS

COUNTY OF KANE

COMPETITIVE SELECTION PROCEDURE - PROPOSAL

TERMS AND CONDITIONS

A. REQUEST FOR PROPOSALS

A.01 Definition:

Request for Proposals (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract.

Award will be based on the criteria set forth herein.

A.02 Proposal Opening:

Sealed proposals will be received at the Kane County Purchasing Department until the date and time specified, at which time the names of offerors will be read aloud and recorded on an abstract. Contents of the sealed proposals will be opened and evaluated in private with proposal information kept confidential until an award is made. Late proposals shall be rejected and returned unopened to the sender. Kane County does not prescribe the method by which proposals are to be delivered; therefore, it cannot be held responsible for any delay, regardless of the reason, in delivery of the proposals.

A.03 Proposal Preparation:

Proposals must be submitted in the format listed in submittal instructions and all information and certifications called for must be furnished. Proposals submitted in any other manner, or which fail to furnish all information or certificates required, may be summarily rejected. Proposals may be modified or withdrawn prior to the time specified for the opening of proposals. Proposals shall be filled out legibly in ink or typewritten with all erasures, strikeovers and corrections initialed in ink by the person signing the proposal. The proposal shall include the legal name of the Vendor, the complete mailing address, and be signed in ink by a person or persons legally authorized to bind the Vendor to a contract. Name of person signing should be typed or printed below the signature.

A.04 Proposal Envelopes:

Envelopes containing proposals must be sealed and addressed to the County of Kane, Purchasing Department. The name and address of the Vendor and Invitation Number must be shown in the upper left corner of the envelope.

A.05 Addenda:

A.05.1 Addenda are written instruments issued by the County prior to the date for receipt of proposals which modify or interpret the RFP by addition, deletion, clarifications, or corrections.

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A.05.2 Prior to the receipt of proposals, addenda will be mailed or delivered to all who are known to have received a complete Request for Proposals.

A.05.3 After receipt of proposals, addenda shall be distributed only to offerors who submitted proposals, and those offerors shall be permitted to submit new proposals or to amend those submitted.

A.05.4 Each offeror shall ascertain prior to submitting a proposal that all addenda issued have been received and acknowledge on the proposal response form, by submission of a proposal, such act shall be taken to mean that such offeror has received all addenda, and that the offeror is familiar with the terms thereof and understands fully the contents of the addenda.

A.06 Evaluation of Proposals:

The proposals submitted by offerors shall be evaluated solely in accordance with the criteria set forth in the RFP. The Proposals shall be categorized as:

A.06.1 Acceptable;

A.06.2 Potentially Acceptable; that is, reasonably susceptible of being made acceptable; or A.06.3 Unacceptable.

A.07 Discussion of Proposals:

A.07.1 The Evaluation Panel may conduct discussions with any offeror who submits an acceptable or potentially acceptable proposal.

Offerors shall be accorded fair and equal treatment with respect to any opportunity of discussion and revision of proposals. During the course of such discussions, the Evaluation Panel shall not disclose any information derived from one proposal to any other offeror.

A.07.2 During the initial discussion, the offeror shall be prepared to give an oral presentation covering the following topics:

(a) The specific services to be provided;

(b) Qualifications of the offeror, experience of personnel, etc;

(c) The working relationship to be established between the

County and the offeror, including, but not limited to, what each party should expect from the other.

(d) A review of the costs associated with this project.

A.08 Negotiations:

The County of Kane reserves the right to negotiate specifications, terms and conditions which may be necessary or appropriate to the accomplishment of the purpose of this RFP. The County may require the entire proposal be made an integral part of the resulting contract. This implies that all responses, supplemental information, and other submissions provided by the offeror during

5 | P a g e discussions or negotiations will be held by the County of Kane as contractually binding on the successful offeror.

A.09 Notice of Unacceptable Proposal:

When the Evaluation Panel determines an offeror’s proposal to be unacceptable, such offeror shall not be afforded an additional opportunity to supplement its proposal. The decision of the Evaluation Panel shall be final.

A.10 Confidentiality:

The County’s Director of Purchasing shall examine the proposals to determine the validity of any written requests for nondisclosure of trade secrets and other proprietary data identified. After award of the contract, all responses, documents, and materials submitted by the offeror pertaining to this RFP will be considered public information and will be made available for inspection, unless otherwise determined by the Director of Purchasing. All data, documentation and innovations developed as a result of these contractual services shall become the property of the County of Kane. Based upon the public nature of these RFP’s, an offeror must inform the County, in writing, of the exact materials in the offer which cannot be made a part of the public record in accordance with the Illinois Freedom of Information Act.

A.10.1 Confidential information submitted by the Vendor shall be labeled and shall be maintained in confidence to the extent permitted by the Illinois Open Meetings Act, and the Illinois Freedom of Information Act.

A.11 Proprietary Information:

Under the Illinois Freedom of Information Act, all records in the possession of Kane County are presumed to be open to inspection or copying, unless a specific exception applies. 5 ILCS 140/1.2 One exception is “[t]rade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.” 5 ILCS 140/7(1)(g). The County will assume that all information provided to us in a bid or proposal is open to inspection or copying by the public unless clearly marked with the appropriate exception that applies under the Freedom of Information Act. Additionally, if providing documents that you believe fall under an exception to the Freedom of Information Act, please submit both an un-redacted copy along with a redacted copy which has all portions redacted that you deem to fall under a Freedom of Information Act exception.

A.12 Interpretation or Correction of Documents:

Vendors shall promptly notify the County of any ambiguity, inconsistency or error they may discover upon examination of the specification documents.

Interpretations, corrections and changes will be made by addendum.

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A.13 Variances:

State or list by reference any variations to specifications, terms and conditions.

B. TERMS AND CONDITIONS

B.01 Authority:

This Request for Proposals is issued pursuant to applicable provisions of the Kane County Purchasing Department.

B.02 Errors in Proposals:

Offerors are cautioned to verify their proposals prior to submission. Negligence on the part of the offeror in preparing the proposal confers no right for withdrawal or modification of the proposal.

B.03 Reserved Rights:

The County of Kane reserves the right at any time and for any reason to cancel this Request for Proposals, or to accept an alternate Proposal. The County reserves the right to award one or more contracts for their services specified herein. The County reserves the right to waive any immaterial defect in any proposal. Unless otherwise specified by the offeror, the County has one hundred twenty (120) days to accept. The county may seek clarification from any offeror at any time and failure to respond promptly is cause for rejection.

Kane County reserves the right to compare pricing submitted to any and all known national joint purchasing cooperatives in order to obtain the lowest pricing available in the current market place for this contract award. The list of joint purchasing cooperatives is not all inclusive and may include other joint purchasing cooperatives Kane County is not currently aware of at the present time. Kane County reserves the right to award a contract to the lowest responsive, responsible vendor for said product or service after reviewing all joint purchasing cooperative pricing available for Kane County to participate in their program.

State of Illinois Central Management Services (CMS) Omnia Partners (formerly US Communities & National IPA) Sourcewell

B.04 Incurred Costs:

The County of Kane will not be liable in any way for any costs incurred by respondents in replying to this RFP.

B.05 Award:

Proposals will be evaluated and negotiated by the Evaluation Panel. The

Evaluation Panel shall have the authority and discretion to determine the qualifications, responsibility and capabilities of offerors, the reasonableness of price, and other factors (where applicable): (a) adherence to all conditions and requirements of the proposal specifications; (b) price; (c) qualifications of the

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Vendor, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value.

B.05.1 Confidential information submitted shall be maintained in confidence to the extent permitted by the Illinois Open Meetings Act, and the Illinois Freedom of Information Act. The Evaluation Panel’s final recommendation and reports shall be forwarded to the appropriate committees of the Kane County Board for consideration and award of the contract.

B.06 Criteria for Selection:

All proposals will be evaluated based on the criteria as stated on the specification.

B.07 Pricing:

The price for the contract is to be held firm for the term of the contract.

B.08 Taxes:

The County of Kane is exempted from paying Illinois Retailers Occupation Tax and Federal Excise Tax.

B.09 Warranty:

Vendor expressly warrants that all goods and services (real property and all structures thereon) will conform to the drawings, materials, performance and any other specifications, samples or other description furnished by the County, and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship. Vendor agrees that these warranties shall run to Kane County, its successor, assigns, customers and users of the products or services and that these warranties shall survive acceptance of the goods or performance of the services.

B.10 Indemnity:

Vendor agrees to save, hold harmless, defend and indemnify the County of Kane and its Officers, Agents and Employees from any and all liability or loss incurred by the County of Kane resulting from Vendor’s noncompliance with any laws or regulations of any governmental authority having jurisdiction over Vendor’s performance of this contract and Vendor’s violation of any of the terms and conditions of this agreement, and from the Vendor’s negligence arising from, in any manner and in any way connected with, the terms and conditions of this Agreement and arising from the Vendor’s performance thereunder.

Vendor shall provide to the County of Kane proof of adequate insurance coverage to satisfy the indemnification provisions herein.

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B.11 Equal Employment Opportunity:

The equal employment opportunity clause required by the Illinois Human Rights Act is hereby incorporated by reference in all contract made by the County of and in all bid specifications therefore furnished by the County to all Vendors, contractors and subcontractors.

The County of Kane, State of Illinois, represents that it and the employing agencies responsible to it, conform to the following:

We do not discriminate against any employee or applicant for employment because of race, creed, color, age, disability, religion, sex, national origin/ancestry, sexual orientation, marital status, veteran status, political affiliation, pregnancy, or any other legally protected status. We will take whatever action is necessary to ensure that applicants and employees are treated appropriately regarding all terms and conditions of employment. We will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

We will, in all solicitations or advertisements for employees placed by or on behalf of the employing agencies, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, marital status, military status, sexual orientation, pregnancy or unfavorable discharge from military service. (Ordinance No. Res.

No. 82-90, 6-10-80; Res. No. 81-79, 6-9-81; Res. No. 82-90, 6-8-82; Res. No.

05-303, 9-23-05). State law references—Illinois Human Rights Act, 775ILCS 5/1- 101 et seq.

B.12 Default:

If delivery of services is not completed by the time promised, the County reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by the Contractor.

B.13 Payments:

B13.1 The payment terms for this contract will be made on a monthly basis by the County of Kane.

B13.2 The County of Kane requests all payments being made to vendors be done as direct deposits through an Automated Clearing House (ACH).

All vendors being awarded a contract shall complete an authorization agreement form prior to award. The ACH form and information on this program can be located on the County’s Web site under Vendor Information on the Finance Department page.

B.14 Eligibility:

By signing the proposal response form, the Vendor hereby certifies that they are not barred from bidding on this contract as a result of a violation of Article 33E, Public Contracts of the Illinois Criminal Code of 1961, as amended (Illinois Complied Statutes, 720 ILCS 5/33E-1).

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Prohibition to Award Contracts to Parties Debarred or Suspended:

No contract may be awarded to parties listed on the federal governments Excluded Parties List System in the System for Award Management (SAM), on the State of Illinois’ list of sanctioned persons maintained by the Agency’s Office of Inspector General, or on the County’s own list of parties suspended or debarred from doing business with the County.

Debarment:

Debarment is the process of determining that a contractor is ineligible to received contract awards based upon a preponderance of evidence, usually a conviction.

Debarment is usually three (3) years in length. The name of the debarred contractor may be published as ineligible on the System for Award Management (SAM), which is a website administered by the U. S. General Services Administration, or on the list of sanctioned providers maintained by the State of Illinois Office of Inspector General.

Suspension:

Suspension is the process of determining that a contractor is ineligible to receive contract awards based upon adequate evidence, usually an indictment.

Suspension is a temporary measure having a 12-month limit. It is usually used pending completion of an investigation or legal proceedings. The name of the suspended contractor will be published as ineligible on the System for Award Management (SAM), which is a website administered by the U. S. General Services Administration, or on the list of sanctioned providers maintained by the State of Illinois Office of Inspector General.

B. 15 Communication during the Procurement Process:

In an effort to create a more competitive and unbiased procurement process, the

County desires to establish a single point of contact through the solicitation process. Therefore, from the issue date of any solicitation until the due date of the solicitation, all requests for clarification or additional information regarding the solicitation, or contact with County personnel concerning this solicitation or the evaluation process must only be through the Purchasing Department staff.

Inquires will be collected by the Purchasing Department staff who will then submit the inquiries to the Department Head responsible for the procurement.

Responses by the Department Head to the inquires will be submitted to the Purchasing Department staff who will then distribute the responses to all vendors responding to the solicitation. In this way it will be assured that all vendors participating in the process will be receiving the same information. No contact regarding this solicitation with other County employees, agents of the County or elected officials is permitted unless expressly authorized by the Purchasing Director. A violation of this provision is cause for the County to reject the Bidder’s proposal. If it is later discovered that a violation has occurred, the County may reject any proposal or terminate any contract awarded pursuant to this solicitation.

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B. 16 CERTIFICATE OF INSURANCE REQUIRED BY KANE COUNTY

Contractor to furnish and deliver prior to commencement of work, a completed Certificate of Insurance satisfactory to the requirements of County of Kane containing:

B.16.1 The Contractor and all Subcontractors shall provide a Certificate of Insurance naming the Owner (Kane County) as certificate holder and as additional insured. The certificate shall contain a 30-day notification provision to the owner (Kane County) prior to cancellation or modification of the policy.

B.16.2 Commercial General Liability insurance including Products/Completed Operations, Owners and Contractor Protective Liability and Broad Form Contractual Liability. The exclusion pertaining to Explosion, Collapse and Underground Property Damage hazards eliminated. The limit of liability shall not be less than the following:

General Aggregate $2,000,000 Products and Completed Operations $2,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Or - Combined Single Limit $1,000,000

B16.2.1 Products and Completed Operation coverage is to remain in force for a period of two years after the completion of project.

B16.3 Business Automotive Liability Insurance including owned, hired and non-owned automobiles, and/or trailer and other equipment required to be licensed, with limits of not less than the following:

Each Person for Bodily Injury $1,000,000 Each Occurrence for Bodily Injury $1,000,000 Each Occurrence for Property Damage $1,000,000 Or - Combined Single Limit $1,000,000

B16.4 Statutory Worker's Compensation insurance shall be in accordance with the provisions of the laws of the State of Illinois, including Occupational Disease Act provisions, for employees at the site of the project, and in case work is sublet, the Contractor shall require each Subcontractor similarly to provide this insurance. In case employees are engaged in work under this contract and are not protected under the Workers Compensation and Occupational Disease Act, the Contractor shall provide, and shall cause Subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise provided.

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B16.5 Umbrella Liability:

Aggregate Limits $5,000,000

B16.6 Professional Liability policy to cover all claims arising out of the Consultant’s operations or premises, Sub-consultant’s operation or premises, anyone directly employed by the Consultant or Sub-consultant, and the Consultant’s obligation of indemnification under this Contract.

Limits:

Aggregate $1,000,000

Vendor to furnish a copy of the Endorsement showing Kane County, as an additional insured on the General Liability and auto policies.

The Contractor shall cease operations on the project if the insurance is cancelled or reduced below the required amount of coverage.

C. CONTRACTOR DISCLOSURE

C.01 Prior to award, every contractor or vendor who is seeking or who has obtained contracts or change orders to contracts or two (2) or more individual contracts with Kane County resulting in an amount greater than Fifteen Thousand Dollars ($15,000) shall disclose to the Kane County Purchasing Department, in writing all cumulative campaign contributions, (which includes multiple candidates) made within the previous twelve (12) months of awarding of the contract made by that contractor, union, or vendor to any current officer or countywide elected officer whose office the contract to be awarded will benefit.

Disclosure shall be updated annually during the term of a multi-year contract and prior to any change order or renewal requiring Board level approval. For purposes of this disclosure requirement, “contractor or vendor” shall include owners, officers, managers, insurance brokers, lobbyists, agents, consultants, bond counsel and underwriters counsel, subcontractors corporations, partnerships, associations, business trusts, estates, trustees, and/or beneficiaries under the control of the contracting person, and political action committees to which the contracting person has made contributions.

C.02 All contractors and vendors who have obtained or are seeking contracts with Kane County must disclose the following information which shall be certified and attached to the application or document. Penalties for knowingly violating disclosure requirements will potentially result in immediate cancellation of the contract, and possible disbarment from future County contracts:

C.02.1 Name, address, and percentage of ownership interest of each individual or entity having a legal or beneficial interest of more than five percent (5%) in the applicant. Any entity required by law to file

12 | P a g e a statement providing substantially the information required by this paragraph with any other government agency may file a duplicate of such statement;

C.02.2 Names and contact information of their lobbyists, agents and representatives and all individuals who are or will be having contact with County employees or officials in relation to the contract or bid.

This information disclosure must be updated when any changes to the information occurs.

C.02.3 Whenever any interest required to be disclosed in paragraph (a) above is held by an agent or agents, or a nominee or nominees, the principals for whom such agents or nominees hold such interest shall also be disclosed. The application of a spouse or any other party, if constructively controlled by another person, or legal entity as set forth above, shall state the name and address and percentage of beneficial interest of such person or entity possessing such constructive control and the relationship under which such control is being or may be exercised.

Whenever a stock or beneficial interest is held by a corporation or other legal entity, such shareholder or beneficiary shall also make disclosure as required by paragraph C.02.1 above.

C.02.4 A statement under oath that the applicant has withheld no disclosures as to economic neither interests in the undertaking nor reserved any information, data or plan as to the intended use or purpose for which it seeks County Board or other county agency action.

C.03 All disclosures and information shall be current as of the date upon which the application is presented and shall be maintained current until such time as Kane County shall take action on the application. Furthermore, this information shall be maintained in a database by the Purchasing Department, and made available for public viewing.

C.04 Notwithstanding any of the above provisions, the County Purchasing Department with respect to contracts awarded may require any such additional information from any applicant which is reasonably intended to achieve full disclosure relevant to the application for action by the County Board or any other County agency.

C.05 Any failure to comply with the provisions of this section shall render any ordinance, ordinance amendment, County Board approval or other County action in behalf of the applicant failing to comply voidable at the option of the County Board or other County agency involved upon the recommendation of the County Board Chairman or the majority of the County Board.

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D. LAW GOVERNING:

D.01 This contract shall be governed by and construed according to the laws of the State of Illinois.

E. Illinois Non-Appropriation Clause:

A forfeit clause is provided pursuant to the Illinois Non-Appropriation Clause of funds for government entities that if funds or budgets are not approved, service may be cancelled. No early cancellation penalties will be assessed, but the customer must be given 30-day notice of intent to cancel.

F. Termination for Cause:

This Contract may be terminated by the County at any time upon thirty (30) days written notice, or by either party in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. This Contract is also subject to termination by either party if either party is restrained by state or federal law of a court of competent jurisdiction from performing the provisions of this Agreement. Upon such termination, the liabilities of the parties to this Contract shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. Mailing of such notice, as and when above provided, shall be equivalent to personal notice and shall be deemed to have been given at the time of mailing.

If this Contract is terminated due to the County's substantial failure to perform, the Contractor shall be paid for labor and expenses incurred to date, subject to setoff for any damages, losses or claims against the County resulting from or relating to Contractor’s performance or failure to perform under this agreement.

In the event of termination by the County upon notice and without cause, upon completion of any phase of the Basic Services, fees due the Contractor for services rendered through such phase shall constitute total payment for services. In the event of such termination by the County during any phase of the Basic Services, the Contractor will be paid for services rendered during the phase on the basis of the proportion of work completed on the phase as of the date of termination to the total work required for that phase.

In the event of any such termination, the Contractor also will be reimbursed for the charges of independent professional associates and contractors employed by the Contractor to render Basic Services, and paid for all unpaid Additional Services and Reimbursable Expenses not in dispute.

Reimbursable expenses mean the actual expenses incurred by the Contractor or the Contractor’s independent professional associates or contractors, directly or indirectly in connection with the Project.

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G. Litigation

Vendors are required to disclose if they have been a party to any lawsuits or arbitration proceedings involving their services within the last five years. Provide status or outcome of any such proceedings disclosed.

H. Holidays

Kane County is closed for business on the following holidays: New Year’s Day; Martin Luther King, Jr. Day; Lincoln’s Birthday, Washington’s Birthday, Spring Holiday, Memorial Day, Juneteenth, Independence Day; Labor Day, Columbus Day; Veteran’s Day, Thanksgiving Day, Day following Thanksgiving Day, Christmas Day.

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STATEMENT OF WORK

For

GENERAL OVERVIEW

The County of Kane (“County”) Animal Control Department is soliciting proposals for electronic payment cards and ACH services for spaying, neutering, tags, fines, and fees. We would require 2 portable machines.

The previous year’s total revenue via credit cards have been:

2017: $69,182.70 in revenue yearly; Average ~$5,765.23/per month 2018: $77,349.98 in revenue yearly; Average ~$6,445.83/per month 2019: $62,501.42 in revenue yearly; Average ~$5,208.45/per month 2020: $40,088.45 in revenue yearly; Average ~$3,340.70/per month 2021: $51,642.85 in revenue yearly; Average ~$4,303.57/per month 2022: $34,675.31 in revenue yearly; Average ~$2,889.61/per month 2023: $51,951.44 in revenue yearly; Average ~$4,329.29/per month

SPECIFICATIONS

1. In person training. Staff find it easier to work through a transaction in person than crammed into an office watching on a computer. They like to see real world examples.

2. Terminal. We would like a terminal that accepts almost all credit cards/forms of payment. A wireless terminal is preferred, 2 if possible. At least a terminal that works via USB would be nice so we can use it on any computer, even a laptop at offsite events.

3. Customer Service: We would prefer to have a single representative as they then understand out account an any issues we might be having.

4. Response Time: We would love to have a 1 hour response time but will accept if we could hear back by the end of OUR business day at the shelter, excluding Saturdays.

5. Online capability for customer payment. We want to be able to sell tags online.

Society is moving this way and we need to ensure our department is keeping up.

6. Ability to cancel and refund a transaction. We do have times where people return animals, sometimes the next day or so, and we have to go through the Auditors office to have this done. This is a very timely process and was made easier by having these capabilities in-house.

7. A single receipt for the customer is best/preferred so the customers are not so confused.

SERVICE FEES: There are no service fees (hereinafter, “Fees”) to be paid to Company by Merchant associated with its use of your services. Rather, Company shall collect Fees from end users of the services (“Payers”). Payers are individuals or entities who make Payment Transactions to Merchant using your service equipment.

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The Fees that Company may collect from Payers are as follows:

o Electronic Checks / ACH: $0.00 o Debit Cards / Credit Cards: X% with a $1.00 customer minimum purchase ($1 replacement tag is our lowest fee)

† The Fee for payments made via IVR shall include a $0.00 surcharge in addition to the amounts specified above.

Exhibit A – Key Specifications:

1. Minimal System(s) Requirement:

A representative from the Information and Technologies Department shall review all proposals to determine if said proposals provide sufficient controls and safeguards to protect county data systems, customer payment information, and customer payments.

Failure to provide adequate safeguards in these areas will eliminate a bid from consideration.

2. Physical and Information Security:

The Vendor is required to recognize that on the performance of the contract, the Vendor will become a holder of and have access to the County’s individual private data and nonpublic data. In performance of the contract, the Vendor agrees it will comply with all applicable state, federal and local laws and regulations, and governing County’s policies.

The Vendor agrees that its officers, employees and agents will be bound by the above confidentiality laws and that it will establish procedures for safeguarding the information.

The Vendor agrees that its officers, employees or agents will not disclose or make public any information received by the Vendor on behalf of the County of Kane.

The Vendor shall recognize County’s sole and exclusive right to control the use of this information. The vendor further agrees it shall make no use of any of the described information, for either internal or external purposes, other than which is directly related to the performance of the contract.

The Vendor agrees to indemnify and hold harmless, the County from any and all liabilities and claims resulting from the unauthorized disclosure by the vendor, its officers, employees or agents, of any information required to be held confidential under the provisions of the contract.

ADDITONAL INFORMATION:

A. Proposal Instructions:

Submit one (1) electronic copy (PDF format) of any exceptions to the County’s terms, conditions, or requirements outlined in this RFP. Such exceptions may be considered in the evaluation and award processes. The County will be the sole determiner of the acceptability of any exception. Any exceptions submitted may render the submission non-responsive to the requirements listed.

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1. System Description & Documentation:

The Vendor shall submit a complete description of the proposed system including a point-by-point response to the County’s current services and specifications.

Also include technical support and system documentation/instructions.

2. Technical and Functional:

The Vendor shall include in their proposal a description and detailed list of the technical specifications of system and functional characteristics in the proposal.

3. PCI Compliance Standards:

Vendors will need to include in their proposal a detailed description of how they will meet and/or exceed these compliance standards.

4. Credit Card Information:

The Vendor shall provide the following information within the proposal response:

• State which credit cards are accepted.

• List the transaction fee for credit card collection.

• State which debit cards are accepted.

• List the transaction fee for debit card collection.

• State the transaction fee for ACH payments.

5. Company Background:

The Vendor shall provide the following information:

• Legal name of the respondent.

• Address of office which will fulfill this contract.

• Number of years in business related to the RFP.

• Type of Operation: Individual, Partnership, Corporation, LLC.

• Number of employees dedicated to fulfillment of this contract.

• Company-wide annual sales volume.

• Is respondent currently for sale or involved in any transaction to expand or become acquired by another business entity?

o If yes, please explain the impact both in organizational and directional terms.

• Is respondent currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity?

o If yes, specify date(s), circumstances, and prospects for resolution.

• Are there any circumstances impacting respondent that could affect respondent's ability to perform under any award made through the RFP process?

6. References:

The Vendor will provide four references, to be completed on the enclosed reference sheet, preferably of similar entities.

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7. Implementation:

The Vendor shall provide an implementation plan and schedule that includes a timeline.

B. Criteria For Selection:

All proposals submitted in response to this RFP will be evaluated based on the following criteria:

Evaluation Criteria Value Suitability and Quality of the proposal in meeting goals and specifications

40%

Client References 15%

Capability, Capacity, and Qualifications 15%

Cost Proposal 30%

RFP OFFER FORMAT

• Cover letter

• Table of contents

• Proposal Response Form (signed)

• Statement of Work

• References

• Price Model (Proposal with contract cost)

• Concluding remarks

Cover Letter This section should contain company information. The name of the contractor, the address of the proposing office(s), and the contact individuals authorized to answer technical questions together with their telephone numbers, email, and mailing addresses. The cover letter must also be signed by a person or persons authorized to bind the vendor.

Table of Contents The contents shall include an index of the Statement of Work contents and attachments.

Statement of Work This section shall address but not be limited to the following:

• Proposed Technical Offer – this should completely define all work and services related to the electronic payment services.

• Project Management – this should define the project management methodology for this project.

References Indicate the firm’s background in providing these similar services and projects preferably municipalities, or governmental agencies. Provide a list of client references.

Include the client’s name, contact persons, and phone numbers.

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Pricing

All proposals shall be fixed fee and include complete itemized details of costs, and charges, to the County. The vendor shall attach the best pricing models or options proposed that are most beneficial and cost-effective to the County. Include separate items and descriptions for any electrical, equipment, or other services needed to complete the project not included in the Specifications Items.

Concluding Remarks

This section shall contain any final remarks or elaboration that the Vendor believes is important to gain a clear understanding of the proposed services and/or the Offeror's capabilities imperative to the County.

CONTRACT

Contract Term: This will be a two (2) year contract, which will begin on the date of contract execution by County Board and will have three (3) one (1) year extensions if mutually agreed upon and Kane County Board approved.

SUBMITTAL INSTRUCTIONS

An original RFP response (with all required documents) shall be submitted electronically to https://www.bidnetdirect.com/illinois/kanecounty and marked, “RFP 25-001-TS:

Electronic Payment Services for Kane County Animal Control” and must be received on or before 2:30 p.m. CST on January 09, 2025.

PROPOSALS MUST BE SUBMITTED ELECTRONICALLY

LATE PROPOSALS WILL NOT BE ACCEPTED

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PROPOSAL RESPONSE

FORM

RFP Due Date & Time: January 9, 2025 at 2:30 p.m. CST

Proposals may be submitted electronically to

The proposer shall return RFP with all documents, as well as literature, samples, etc. as required within the specifications.

The undersigned proposer, having examined the specifications and any other related documents, hereby agrees to provide the Electronic Payment Services for Kane County Animal Control per specification and to perform other work stipulated in, required by and in accordance with the proposal documents attached for and in consideration of the proposed prices.

RECEIPT OF ADDENDA: The undersigned hereby acknowledges receipt of following addendum(s): ______; ______; ______.

By signing this proposal, the proposer hereby certifies that they are not barred from bidding on this contract as a result of a violation of either Section 33E-3 or 33E-4 of the Illinois Criminal Code of 1961, as amended. The awarding of any contract resulting from this RFP will be based upon the funding available to Kane County. The terms of the RFP and the response shall be incorporated by this reference as though fully set forth into the Contract not withstanding any language in the contract to the contrary. In the event of any conflict between the terms of the Contract and the terms of the RFP and the response, the terms of the RFP and the response shall govern. Every element or item of the RFP and the response shall be deemed a material and severable item or element of the contract. THIS SECTION MUST BE SIGNED BY AN

AUTHORIZED REPRESENTATIVE OF THE COMPANY OR ENTITY RESPONDING TO THE

RFP.

Signature____________________________________________________________________

Typed Signature______________________________________________________________

Company____________________________________________________________________

Address_____________________________________________________________________

Phone #________________ Fax # ___________________ E-mail ______________________

Federal I.D./Social Security # _______________________Date________________________

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ACCEPTANCE

The Offer is hereby accepted for Electronic Payment Services for Kane County Animal Control.

The Contractor is bound to provide the materials and services listed in the attached agreement and based upon the Request for Proposal, including all terms, conditions, specification, and amendments, the Contractor’s offer is accepted by the County of Kane.

This contract shall henceforth be referred to as Contract Number 25-001-TS. The Contractor has been cautioned not to commence any billable work or to provide any materials or services until this Contractor receives a purchase order and or notice to proceed.

Corinne Pierog MA, MBA Date Chairman, County Board Kane County, Illinois

VENDOR CERTIFICATION

This information is collected for reporting purposes only and will not have any influence on vendor selection. It is required by the State of Illinois. Please check any of the following boxes that apply to the ownership of your firm.

�Minority-owned Business (MBE) �Veteran-owned Business Enterprise (VBE)

�Woman-owned Business (WBE) �Service-Disabled Veteran-owned Business Enterprise (SDVBE)

�Business Enterprise Program (BEP) �Veteran-owned Small Business (VOSB)

�Small Disadvantaged Business (SDB) �Persons with Disabilities-owned Business Enterprises (PDBE)

�Kane County Local Business �N/A – These categories do not apply to my business

Please Note: It is required that you check at least one box.

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REFERENCES

For KANE COUNTY BOARD, Geneva, Illinois

List below businesses or other organizations for whom you have provided comparable services:

Offeror’s Name: ___________________________

1. Organization: ________________________________________________

Address: ____________________________________________________

City, State, Zip Code: __________________________________________

Telephone Number: ___________________________________________

Contact Person: ______________________________________________

Date of Project: ______________________________________________

E-Mail Address: _______________________________________________

2. Organization: ________________________________________________

Address: ____________________________________________________

City, State, Zip Code: __________________________________________

Telephone Number: ___________________________________________

Contact Person: ______________________________________________

Date of Project: ______________________________________________

E-Mail Address: _______________________________________________

3. Organization: ________________________________________________

Address: ____________________________________________________

City, State, Zip Code: __________________________________________

Telephone Number: ___________________________________________

Contact Person: ______________________________________________

Date of Project: ______________________________________________

E-Mail Address: _______________________________________________

4. Organization: ________________________________________________

Address: ____________________________________________________

City, State, Zip Code: __________________________________________

Telephone Number: ___________________________________________

Contact Person: ______________________________________________

Date of Project: ______________________________________________

E-Mail Address: _______________________________________________

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CONTRACTOR VERIFICATION

I certify that I am authorized to execute this Contractor Verification on behalf of the Contractor set forth on page one (1), that I have personal knowledge of all the information set forth herein, and that all statements, representations, information, and documents provided in or with this Form and attachments hereto are true and accurate and are submitted in compliance with the requirements of Kane County Ordinance No.

23-340. Failure to comply with all submission requirements set forth in Kane County Ordinance No. 23-340 is grounds for the County of Kane to determine that a submission is incomplete, which may result in a determination that Contractor is not a responsible bidder.

The Contractor shall report any change in any of the facts stated in this Form within fourteen (14) days of the effective date of such change by completing and submitting a new Form. Failure to comply with this requirement is grounds for the Contractor to be deemed a non-responsible bidder.

Signature of Authorized Officer

Name of Authorized Officer (Print or Type)

Title

Telephone Number

Subscribed and sworn to before me this _____ day of ____________________, 20_.

Notary Public Signature & Seal

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SUBCONTRACTOR VERIFICATION

I certify that I am authorized to execute this Subcontractor Verification on behalf of the Subcontractor set forth on page one (1), that I have personal knowledge of all the information set forth herein, and that all statements, representations, information, and documents provided in or with this Form and attachments hereto are true and accurate and are submitted in compliance with the requirements of Kane County Ordinance No.

23-340.

The Subcontractor shall report any change in any of the facts stated in this Form within fourteen (14) days of the effective date of such change by completing and submitting a new Affidavit. Failure to comply with this requirement is grounds for the project owner to withhold payment due for work performed.

Signature of Authorized Officer

Name of Authorized Officer (Print or Type)

Title

Telephone Number

Subscribed and sworn to before me this _____ day of ____________________, 20__.

Notary Public Signature & Seal

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CONTRACTOR DISCLOSURE

As of (Today’s Date), ABC Company, to the best of our knowledge the Owners, Officers or Executives have not made any political campaign contributions to any Kane County Elected Official countywide in the last 12-month period.

Below is a list of shareholders or owners, with at least 5% holdings in ABC Company:

Mr. John Smith 50% 456 Second Street Geneva, IL 60134

Ms. Sue Jones 50% 456 Second Street Geneva, IL 60134

Officer Date Title

Subscribed and Sworn this __________ day of ___________________, 2024

Notary Public

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FAMILIAL RELATIONSHIP DISCLOSURE

As of (Today’s Date), ABC Company, to the best of our knowledge the Owners, Officers or Executives do not have a familial relationship with any County Elected Official or County Department Director within the last 12-month period. “Familial Relationship” is defined in Public Act 101-0544.

The County may deny, suspend, or terminate the eligibility of a person, firm, corporation, association, agency, institution, or other legal entity to participate as a vendor for goods or services to the County, if the vendor, for contracts greater than $30,000, fails to disclose to the County a familial relationship between a County Elected Official or County Department Director.

Officer Date Title

Subscribed and Sworn this __________ day of ___________________, 2024

Notary Public

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NO-BID/RFP/RFQ RESPONSE

25-001-TS

In the event that your organization chooses not to submit a response to this solicitation the Kane County Purchasing Department is interested in the reasons why vendors/consultants have chosen not to submit a bid or proposal response in order to better serve the taxpayers of Kane County.

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