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1677 BGM Money RFP 13/14-25 /6 '?'? 0,„ „:3 sfamon Il- ! ` . PRIli Thursday, October 09, 2014 r� ■—1877—'4 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Manager ity Clerk RE: o .c or BGM Money RFP 13/14-25 Payroll Deduction Loan Program The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat(original mylars) ❑ ' -'. sing ❑ Letter of Credit ' -ndering ❑ Maintenance Bond r/L Safe keeping (Vault) ❑ Ordinance r►• anager /07 //(/• ❑ Performance Bond ❑ Payment Bond ❑ Resolution ® City Manager Signature ❑ ❑ City Clerk Attest/Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Axata/k4A-Or2 . 71MMA-117) Special Instructions: Mal-iho-L. Oro o-�e,z lO--q—/ Date T:\Dept_forms\City Clerk Transmittal Memo-2009 doc • NON-EXCLUSIVE PAYROLL DEDUCTION PLAN AGREEMENT THIS NON-EXC USIVE PAYROLL DEDUCTION PLAN AGREEMENT (this "Agreement")is entered into on, 9 , 2014 by and between the City of Sanford,Florida(the "Employer"), and BMG Money, Inc., a Delaware corporation ("BMG Money"). Employer desires to offer as a benefit to its employees BMG Money's LoansAtWork program and BMG Money desires to loan money to such employees, in each case to be evidenced by a promissory note with the applicable employee(collectively, as amended or otherwise modified from time to time,the"Notes"). Employer Acknowledgment. Employer acknowledges and agrees that it will comply with its employees' requests set forth in the Notes to (a) deduct from their wages, salary, commissions or other similar compensation (collectively, "wages") the amounts to be so deducted as described in the respective Notes and (b) remit such amounts to BMG Money, in each case, solely to the extent of the maximum available wages of the applicable employee and in accordance with applicable laws, rules, regulations and orders(the"Program"). Payment Instructions. Employer agrees to remit available funds to deposit account number 3850-1257-9286 located at Bank of America N.A., wire routing number 026009593 (or such other account as BMG Money may from time to time specify in writing) all amounts deducted from employees' wages in accordance with the applicable Notes on, or as promptly as practicable after, the date the applicable wages are payable. Marketing. Employer agrees to provide BMG Money with opportunities to market the Program to eligible employees and to educate such employees about the Program. Subject to applicable law and Employer's discretion, marketing opportunities may include, without limitation, in person meetings with employees, direct mail to employees, bulletin board postings, information made available through the Internet and emails to employees. Employer hereby authorizes BMG Money to disclose Employer's participation in the Program in any marketing materials prepared by or on behalf of BMG Money. Under no circumstances shall BMG Money state, indicate, imply or lead the employee to reasonably infer an official relationship between it and Employer or that the loan is being made directly by Employer. Notice. Employer shall notify BMG Money as soon as reasonably practicable if any employee requests revocation of his or her payroll deduction request, ceases to be employed by Employer or changes his or her employment status. Further Assurances. Each party shall execute and deliver, or cause to be executed and delivered, such additional instruments or documents and take all such actions as the other may reasonably request for the purposes of implementing or effectuating the provisions of this Agreement. Employer also agrees to provide BMG Money with access to all records (or copies thereof) necessary for BMG Money to implement or effectuate the provisions of this Agreement and/or the Program. $MG Money will reimburse Employer for any of its direct, out-of-pocket costs in connection with bank wire or electronic fund transfer costs and payroll deduction processor charges associated with the Program(if any). Public Records. Employer may be subject to Chapter 119 of the Florida Statutes, otherwise known as the Public Records Act. This Agreement and all other documents and agreements flowing therefrom, including those executed by any employee, are subject to disclosure to the extent required by such Chapter 119. Indemnification. BMG Money agrees to indemnify Employer against, and hold it harmless from,any and all losses, liabilities,claims,costs,expenses and damages of any nature(including City of Sanford,RFP 13/14-25 Payroll Deduction Loan Program but not limited to attorneys' fees) in any way arising out of any breach of its obligations under this Agreement. Notwithstanding the foregoing,BMG Money shall not be liable to Employer for any special, indirect, exemplary or consequential damages. The indemnification obligation under this paragraph shall survive termination of this Agreement. Employer does not guarantee BMG Money against any risk of credit losses and has no obligations other than as expressly set forth herein. Assignment. BMG Money and its assignees may assign all or any of BMG Money's rights, but none of its obligations, under this Agreement in connection with any financing of Notes or of the loans evidenced by such Notes or otherwise,provided,however,that Employer shall,notwithstanding any such assignment, be entitled to deal solely and directly with BMG Money in connection with Employer's rights and obligations under this Agreement. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. Notwithstanding any such assignment, Employer's obligations,rights and responsibilities shall be governed exclusively by this Agreement. Termination. Employer and BMG Money may terminate this Agreement upon 30 days prior written notice to the non-terminating party, at the address shown below. Notwithstanding any termination of this Agreement, this Agreement shall survive as to any Notes outstanding as of such termination until final payment in full of such Notes. Miscellaneous. This Agreement supersedes any prior agreements with respect to the subject matter hereof and may only be amended or otherwise modified by a writing signed by both parties. If any provision of this Agreement is found to be unenforceable, this will not affect the validity or enforceability of any other provision. Any provision of this Agreement that conflicts with any mandatory provision of applicable law shall be deemed to be amended to conform with such applicable law. Time is of the essence under this Agreement. Waiver of Trial by Jury. Each party, as a crucial and material inducement to the other to execute this Agreement, hereby on behalf of itself, its agents, successors and/or assigns waives trial by jury of any and all matters triable by right arising from,through or as a result of this Agreement. Governing Law. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA (WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES PROVIDING FOR THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION). BMG MONEY,INC. CITY OF SANFORD,FLORIDA By: l l ✓"l By: / 012 V-f AO/ft- Thomas C.McCormick Norton N. Bonaparte,Jr. Chief Operating Officer City Manager 1221 Brickell Avenue, Suite 1170 300 N.Park Avenue Miami,FL 33131 Sanford,FL 32771 City of Sanford,RFP 13/14-25 Payroll Deduction Loan Program • , O ' WS k RIM. X���� Item No. I S i-=187a 77—. CITY COMMISSION MEMORANDUM 14r 159. 1 SEPTEMBER 22, 2014 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: F. William Smith, Purchasing Manager SUBMITTED BY Norton N. Bonaparte, Jr., City Manager SUBJECT: Payroll deduction Loan Program for Empl ees; BMG Money, Inc. SYNOPSIS: Approval to establish a program which will provide loans to City employees who have a need for short term loans is requested. The program will be at no cost to the City and will use automated payroll deductions to manage payments. FISCALISTAFFING STATEMENT: No impact upon City Government. May provide benefits to City employees. BACKGROUND: The City desires to provide its employees an opportunity for short-term loans at no cost to the City including, but not limited to, the following program elements: a) $500-$5,000 loans; b) 6-24 month payment terms; c) Guaranteed approval for employees on the job for at least 1 year; d) Payments under 20% of take-home pay; e) Incorporate a process of automated payroll deductions to manage payments; and f) Information and tools provided to employees to assist them in making smart financial decisions. The solicitation for the subject program, RFP #13/14-25 was advertised for 30 days. Only BMG Money, Inc. submitted response which was determined to be responsive and responsible as well as consistent with the market. BMG Money, Inc. is the firm which offers loans to several cities and/or counties in the State. LEGAL REVIEW: The City Attorney has reviewed this item and makes no comments relative to interest rate charged. It is the obligation of the vendor to enter agreements and make charges that are authorized by controlling State law. RECOMMENDATION: It is recommended that the City Commission approve award of the Payroll Deduction Loan Program to BMG Money, Inc. and authorize execution of the associated contract. SUGGESTED MOTION: "I move to award of the Payroll Deduction Loan Program contract to BMG Money, Inc. and authorize the Mayor to execute the contract." Attachments: (1) RFP Announcement (2) Solicitation Opening Document (3) BMG Proposal SMOrq City of Sanford Florida — Purchasing Division �,ORIb P.O. Box 1788 Sanford, Florida 32772 Phone 407.688.5028 FAX 407.688.5021 email: purchasing @sanfordfl.gov Request for Proposals SOLICITATION NUMBER: RFP 13/14-25 TITLE: PAYROLL DEDUCTION LOAN PROGRAM Date Issued: June 24, 2014 Opening Date and Time: July 24, 2014 at 2:00 P.M The City of Sanford, Florida hereby requests sealed proposals from qualified lending institutions to provide its employees who have a need to access short-term employment-based loans at no cost to the City in which borrowers may manage payments through automated payroll deductions. Responses will be received by the City of Sanford, Florida, at the office of Mr. F. William Smith, Purchasing Manager, 300 North Park Avenue, Room 236, Sanford, Florida 32771 until July 24, 2014 2:00 P.M, at which time the Proposals will be opened and the name of each responding firm will be announced. General Information, Submission Documents, addenda, short lists, tabulation reports, subsequent awards, etc. may be found and downloaded from the web site, www.myvendorlink.com using the following process: (1) Select register, complete the registration process. (2) Under agency, select City of Sanford. (3) Select search solicitations, scroll to the solicitation number indicated then click on the blue magnifying glass. (4) When prompted to register, complete the registration process. Anyone who acquires solicitation documents by any means other than via vendorlink is hereby instructed to register with vendorlink as a plan-holder to ensure that all notifications are made available. Registering, downloading, etc. with vendorlink is at no cost to bidders/proposers. The City of Sanford assumes no responsibility in case of omissions, conflict, missing notifications regarding addenda, posting of results or other relevant notifications from sites or sources other than the site indicated above. Black-out-period: It is noted that attempts to contact City Commission members, members of the Evaluation and Selection Committee, or City officials and employees other than through the City of Sanford Purchasing Manager during this procurement process are not allowed and attempts to contact, fraternize, or influence personnel indicated above may result in disqualification of a responding firm. Submissions received after the date and time indicated above will not be opened or otherwise considered. Please note that facsimile, telegraph, or email submissions not enclosed in a sealed envelope and/or lacking original signatures will not be considered. Any uncertainty regarding the time a proposal is received by the City of Sanford will be resolved against the bidder/proposer. All questions regarding the project shall be directed in writing to the City using the posted RFI Form via e-mail to purchasing @sanfordfl.gov no less than seven (7) calendar days prior to the opening. Persons who need assistance to participate in any of these proceedings are to contact the ADA Coordinator, at 407.688.5025, 48 hours in advance of the meeting. Respectfully, F. William Smith, Purchasing Manager CITY OF SANFORD, FLORIDA-PURCHASING DIVISION SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes) A. Solicitation Title RFP 13/14-25 Payroll Deduction Loan Program B. Number RFP 13/14-25 Opening Date 7-24-2014 Time 2:00 pm Location of Opening: City Commission Chambers 1. On this date the opening of the solicitation response identified above is hereby verified and the public announcements recorded below regarding the solicitations received were duly made. It is noted that no other business was conducted, there were no discussions and no input was received from anyone in attending. There was no attendance record made. _ IFB-Announced the name of each bidder and the amount of their bid. X RFP-Announced the name of each respondent. RFQ-Announced the name of each respondent. _ If any submission was not opened and/or announced, check this item and indicate specific information on tabulation below. 2. Name of City Emplo -e w o a •unc-d' e ids: Certification (1) By: i / �—J� � f T. Wl,.�4-0' di:4 /S- •'9 - r- sate printed name and title ` Certification (2) B, : / ._, „ u! ��-f, - At(-"(1 I"!c9}'r vi C aCii?ei J Signature date printed name and title _All submissions were opened and read. The tabulation below reflects the information read. X Any solicitation(s) not opened and/or read are so noted below along with reason for exclusion. 3. X The public notice required by § 286.0105 and 286.011 Florida Statutes is attached hereto. 4. The following listed persons attended and spoke at the bid opening identified above. Tabulation Bidder/Proposer Interest Loan Range BMG Money, Inc 23.99 % $500-$5,000 —Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached. It is noted that this is page one of —pages. D 641 July 14/6"4 Ju y 18, 2014 By Hard Copy Submittal—Hand Delivery The City of Sanford, Florida In care of F. William Smith Purchasing Manager The City of Sanford 300 North Park Avenue, Room 236 Sanford, FL 32771 RE: Proposal in Response to Solicitation Number: RFP 13/14-25 Payroll Deduction Loan Program To Whom It May Concern: On behalf of BMG Money, Inc. ("BMG" or the "Proposer"),we are grateful for the opportunity to submit this proposal (the"Proposal") in response to Solicitation Number RFP 13/14-25 —Payroll Deduction Loan Program—(the "RFP") issued by the City of Sanford, Florida(the"City"). BMG is a qualified lending institution and, as more fully described below,proposes to provide the City's employees who have a need with access to short-term employment-based loans at no cost to the City whereby borrowers may manage payments through automated payroll deductions. This Proposal begins with an Executive Summary, and thereafter the Proposal is organized in the manner specified in the RFP. For convenience of review, where applicable,the content is labeled according to corresponding provisions of the RFP which call for a response. Lastly,the various affidavits, forms and information requested in the RFP are attached hereto as follows: 1. Proposal Submission Form; 2. Non Collusion Affidavit; 3. Conflict of Interest Affidavit; 4. Florida Statutes on Public Entity Crimes Affidavit; 5. Compliance with the Public Records Law Affidavit; 6. Bidder Qualification Affidavit; 7. Certification of Non-Segregated Facilities Form; 8. Disputes Disclosure Form; 9. Drug Free Workplace Form; and 10. List of Public and Private Agencies Utilizing Similar Services. RFP 13/14-25-BMG MONEY,INC. 1 EXECUTIVE SUMMARY BMG offers a fixed-rate, fixed-payment employee voluntary loan program ("LoansAtWork" or the"Program"). The Program will not require a credit report to qualify and will be available to employees who have been employed by the City for at least one year and are not currently in bankruptcy. The Program offers unsecured loans with fixed repayments over terms of six to twenty-four months, processed through payroll deductions. The Program will allow employees who may have only high-priced alternatives for short-term borrowing needs to borrow responsibly and pay off their debt in affordable installments. It also will help employees who do not have sufficient savings to cover unforeseen expenses such as the cost of moving, medical needs, or automobile repairs. We believe that the City's employees will see real value in LoansAtWork. It will p rovide an important financial lifeline to those employees that are too often en tak en advantage of by the predatory payday lenders targeting our communities. The Problem—Payday Loans. When facing an unexpected expense,too many good people with good jobs are left with few options except predatory payday lenders, which can exacerbate their already tenuous household budgets. The payday loan industry, among the worst of the predatory lenders,thrives on the financial vulnerability of workers. Payday lenders offer short-term loans with absurdly high interest rates of nearly 300%and repayment terms that make the loans exceedingly burdensome on borrowers. These high-cost loans have exploded in recent years. Today,nearly one-in-four Americans have used so-called"alternative credit providers"—these exorbitant loans point to an alarming trend that underscores a lack of viable and responsible borrowing alternatives for many well-employed Floridians. The problem with these payday loans is the unending,destructive cycle they perpetuate. With such terribly high costs and lightning-fast due dates,these loans create a vicious cycle that requires borrowers to come back again-and-again. According to the Center for Responsible Lending,these loans create"a debt treadmill that makes struggling families worse off than they were before they received a payday loan."' The Solution-LoansAtWork. BMG's loans range from $500 to $5,000 and are available exclusively to employees of our clients,mostly public sector and not-for-profit employers. The loans are offered with a fixed interest rate of 23.99%. There is no penalty for early prepayment,and ' Montezemolo,S.(2013). Payday Lending Abuses and Predatory Practices,p.2. Durham,North Carolina: Center for Responsible Lending. RFP 13/14-25—BMG MONEY,INC. 2 employees are limited to one outstanding loan at-a-time. All the City employees will now be able to manage large, unexpected expenses over time with fixed and manageable payments. Most significantly,to help keep employees on sound financial footing in the future,we report loan performance to credit bureaus (payroll deductions ensure timely repayment), and applicants complete an online review to ensure that their loan fits their budget. We offer free financial literacy training to our clients' employees—whether they are LoansAtWork customers or not. We are confident that the City's employees will be grateful that LoansAtWork is available to them. The Program offers a socially-responsible, reasonably-priced loan solution to the most vulnerable employees in their times of need. • RFP PROVISIONS For the avoidance of doubt, other than as specifically provided for in this Proposal or its attachments,Proposer agrees to the complete and unconditional acceptance of the contents of all pages in the RFP, and all attachments and the contents of any Addenda released thereto, and Proposer agrees to be bound to any and all specifications, terms and conditions contained therein, including,but not limited to,those set forth below. 9. Patent Indemnification. Proposer agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters of patent of the United States arising out of the performance of any contract resulting from the RFP or out of the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. (Proposer does not anticipate furnishing any supplies or performing construction work hereunder.) 11. Certificate of Independent Proposal Preparation. By submission of this Proposal, Proposer certifies that in connection with this procurement: A. The prices in this Proposal have been arrived at independently,without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder, proposer or with any competitor. B. The prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other proposer or to any competitor. RFP 13/14-25-BMG MONEY,INC. 3 C. No attempt has been made or will be made by Proposer to induce any other person or firm to submit a proposal for purpose of restricting competition. D. Proposer warrants the prices set forth herein do not exceed the prices charged by the Proposer under a contract with the State of Florida Purchasing Division. (Proposer has no contract with the State of Florida Purchasing Division.) This Proposal is NOT a joint proposal. Please find attached hereto a Non Collusion Affidavit and a Conflict of Interest Affidavit completed by Proposer. 17. Public Entity Crimes. Please find attached hereto a Florida Statutes on Public Entity Crimes Affidavit completed by Proposer. 19. Drug-Free Workplace. Proposer certifies that it has implemented a drug-free workplace program. Please find attached hereto a Drug Free Workplace Form completed by Proposer. 20. Summary of Litigation. There are no, and there have been no, litigation, claims, or contract disputes of any kind that have been filed or are pending against BMG in the last five(5)years or at any other time. Please find attached hereto a Disputes Disclosure Form completed by Proposer. 21. Conflict of Interest Statement. Please find attached hereto a Conflict of Interest Affidavit completed by Proposer. 22. Nondiscrimination Statement. BMG applauds the City's commitment to assuring equal opportunity in the award of contracts and business. BMG complies with all laws at the federal, state and local level which prohibit discrimination on the basis of race, color,religion, national origin, handicap, age, and gender. Diversity is incorporated into BMG's operations. The employment-based lending model itself is an example. Payroll-deductible loans were developed in Brazil RFP 13/14-25-BMG MONEY,INC. 4 approximately twenty years ago as a solution to predatory lending. The model grew throughout Latin America and globally, and BMG imported this innovation into the U.S. market to improve the financial quality-of-life of public sector and other employees. In fact, in both 2011 and 2013,BMG was a proud Finalist for the International Business Leadership Award from the Greater Miami Chamber of Commerce. BMG is proud to have a female CEO and a number of Hispanic employees and vendors. Our workforce is international. And our customer service is available in both English and Spanish. 23. Antitrust. By entering into a contract resulting from the RFP, BMG will convey, sell, assign, and transfer to the City all rights,title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the State of Florida,relating to the particular goods or services purchased or acquired by the City under said contract. 24. Immigration Reform and Control Act of 1986. By submitting this Proposal, BMG certifies that it does not and will not during the performance of a contract resulting from the RFP employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 25. Ethics in Public Contracting. Proposer certifies that this Proposal is made without collusion or fraud and that it has not offered or received any kickbacks or inducements in connection with this Proposal, and that it has not conferred on any public employee or official having official responsibility for the procurement transaction subject to the RFP any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value,present or promised,unless consideration of substantially equal or greater value was exchanged. 26. Changes and Addenda. Proposer acknowledges Addendum Number 1 to the RFP, issued July 16, 2014. Please find attached hereto a Proposal Submission Form completed by Proposer. 27. Contractor Qualifications. A. History and Organizational Structure- RFP 13/14-25-BMG MONEY,INC. 5 • BMG was incorporated as a Delaware corporation in September 2009 with the sole purpose of developing and offering an employee voluntary loan program in the Florida market. The company chose Miami as its headquarters and Marion Mathes was hired as the founding CEO and first employee in March 2010. BMG was licensed by the State of Florida's Office of Financial Regulation as a Florida Consumer Finance Company in February 2010 (License No. CF9900716), and BMG made its first loan in September 2010. Proposer has grown significantly since that time, and BMG is proud to count twenty-one public sector employers amongst its clients—all of them here in Florida. Proposer's home office location is 1221 Brickell Avenue, Suite 1170, Miami,Florida 33131. BMG will manage the City's account from that location,which has a staff of eight and maintains office hours from 8:00 A.M. to 6:00 P.M. Eastern, Monday to Friday. B. Details of Qualifications of Firm, Specific Individuals— BMG's experience and qualifications are without peer. Simply put,to our knowledge,there is no other organization with comparable experience in our market. Proposer has twenty-one public sector employer clients. We have more than thirty total employer clients in Florida. We have one and only one product—the LoansAtWork Program is the sole focus of our company. To date, we have serviced literally thousands of loans, issuing over$27 million of loans to employees who otherwise would have fallen victim to predatory payday loans. We are expert in the origination and servicing of the issuance of socially-responsible loans to the employees of our employer clients, and we have the wherewithal and experience to ensure that the City will be a satisfied client for as long as it chooses to participate in the Program. BMG's Miami-based team includes exceptionally-qualified managers and staff who stand ready to support the Program. Team members have decades of combined experience in supporting employment-based lending programs such as LoansAtWork. The City's client services team will include: Project Manager— Tom McCormick, Chief Operating Officer—Miami Office Tel.: 305.851.6137; Home: 305.360.8456; Fax: 305.407.9654 Mobile: 305.741.0077; E-Mail: tom.mccormick @bmgmoney.com RFP 13/14-25—BMG MONEY,INC. 6 Mr. McCormick is a senior executive of BMG. He will be accountable to the City in connection with all services related to the Program and the City may contact him—any time, any day—and he will address all concerns. Mr. McCormick will meet with City officials according to their preferred schedule for periodic Program reviews, and in the interim any issue can be escalated to him at the City's convenience. Chuck Smith, Senior Vice President, Operations—Miami Office Tel.: 305.851.6143; Fax: 305.407.9654 Mobile: 786.505.0890; E-Mail: chuck.smith @bmgmoney.com Mr. Smith, another senior executive of BMG, will be primarily responsible for the implementation and the on-going servicing of the Program for the City. Mr. Smith will be responsible for assembling communication and implementation plans for the City's review and approval. He generally provides supervision of the Program and will do so specifically with respect to the City. Mr. Smith will coordinate all necessary capacity planning—all needed funds and support personnel and services—and the overall timeliness and accuracy of all deliverables. Manuel Rizzon,Associate—Miami Office Tel.: 305.851.6136; Fax: 305.407.9654 E-Mail: manuel.rizzon @bmgmoney.com Mr. Rizzon (MB.A., University of Miami) has the most direct interaction with our current clients, and he will be designated as the City's day-to-day point-of contact. Mr. Rizzon will monitor the execution of all processes and lead any needed exception management. C. Proposer hereby certifies that: 1. The services proposed in this Proposal shall be provided by properly licensed,bonded and trained personnel. 2. Such services shall be provided in accordance with all applicable federal, state and local laws, ordinances, regulations, and rules. 3. Such services will be considered in a manner so as not to reflect unfavorably upon the City. 4. BMG will operate in accordance with ethical collection practices and obey all laws including,but not limited to,the federal Fair Debt Collection Practices Act. RFP 13/14-25-BMG MONEY,INC. 7 D. As requested in the RFP,please find attached hereto a List of Public and Private Agencies Utilizing Similar Services completed by Proposer. E. Proposer's overall resources are more than adequate to support any and all of the City's needs in the case of a favorable response and the City becomes a LoansAtWork client. BMG is well positioned to ensure the highest levels of employer client and employee customer service,privacy, security and performance. More specifically,Proposer's current workload will allow for a successful,timely and prompt implementation of the Program. Our company considers the Central Florida region of critical strategic importance, and the City will be one of BMG's key clients. Proposer has the ability and commits to ensuring that the services will be performed in a timely fashion and completed on time. (Given the nature of the Program, a listing of projected workload and allocated and available man hours is not applicable.) F. Additional Information Distinguishing BMG— Proposer is an active member of the business community. BMG is an associate member and sponsor of the Tri-County League of Cities (Orange-Seminole-Osceola),the Broward League of Cities and the Miami-Dade County League of Cities. Our CEO is a member of the Board of Directors of Enterprise Florida,the statewide economic development organization focused on job creation based in Orlando. Additionally, she is a member of the Development Committee for the United Way of Miami-Dade's Center for Financial Stability and the University of Miami's Citizens Board. BMG is a member of the Greater Miami Chamber of Commerce and participates in its Professional & Workforce Development Committee. Executives of BMG have Certificates of Completion from the Miami-Dade County League of Cities Best Practices Conference, having participated since its inception three years ago, and from the FDIC's Money Smart financial literacy programs. As stated above,we are confident that the City's employees will be grateful that LoansAtWork is available to them. The Program offers a socially-responsible,reasonably-priced loan solution to the most vulnerable employees in their times of need. 30. Indemnification. Proposer accepts all conditions as set forth in Section 30 of the REP regarding indemnification. 31. Warranty. RFP 13/14-25-BMG MONEY,INC. 8 Proposer agrees that the services furnished under any award resulting from the RFP shall be covered by the most favorable commercial warranties Proposer gives any customer for such services and that the rights and remedies provided therein are in addition to and do not limit those available to the City by any clause of the RFP. (Given the nature of the Program, copies of warranties and all applicable manufacturers' warranties are not applicable.) 33. Controlling Laws/Venue/Interpretation. Proposer accepts all conditions as set forth in Section 33 of the RFP regarding controlling laws,venue, and interpretation. Proposer shall comply with all federal, State of Florida, and local laws,regulations, codes, etc. and authority having jurisdiction over the procurement and performance thereof. 34. Coordination of Activities. Proposer shall coordinate all actions, activities,performance, etc. with the City Official designated to manage and oversee the project. 36. Proprietary/Restrictive Specifications. Proposer does not believe that the specifications contained in the RFP are proprietary or overly restrictive in nature, and do not potentially result in reduced competition. 40. Operation of Existing Facilities. Given the nature of the Program, Proposer believes that there will be no impact upon the continuous operation of any City facilities. 42. Assignment of Contract. A contract resulting from the RFP shall not be assignable by BMG in whole or in part without the written consent of the City,provided,however,that in connection with the financing of any loans related to the Services, Provider may assign its rights to payroll-deducted amounts relating thereto (in such case, Provider may not assign any of its obligations hereunder and City is entitled to deal solely with Provider). 43. Responsibility of the Proposer. Proposer shall be responsible. BMG is properly licensed by the State of Florida (BMG was licensed by the State of Florida's Office of Financial Regulation as a Florida Consumer Finance Company in February 2010 (License No. CF9900716)). To RFP 13/14-25-BMG MONEY,INC. 9 Proposer's knowledge,there are no City licensing or certification provisions applicable to Proposer. 44. English Language. Proposer will do business with the City in the English language and make submissions and all money quotations in U.S. currency. There shall be no customs, duties or import fees added to the cost shown in this Proposal. In the event of any legal disputes the laws of the State of Florida shall prevail. 46. Scope. BMG proposes to provide the City's employees who have a need with access to short-term employment-based loans at no cost to the City. As described more fully below,the Program proposed by BMG shall include all of the following features called for in the RFP: a) $500-$5,000 loans b) 6-24 month payment terms c) Guaranteed approval for employees on the job for at least 1 year d) Payments under 20%of take-home pay e) Incorporate a process of automated payroll deductions to manage payments f) Information and tools provided to employees to assist them in making smart financial decisions A. Scope of Services—Further Detail— BMG proposes that the Program will be offered to employees of the City as a voluntary loan program to assist employees who may be living paycheck-to-paycheck and may not have access to the cash, loans, or other traditional credit options they need. Rather than underwriting loans based upon credit scores and history like traditional banks, BMG underwrites loans based upon employment status and income,thus enabling access to employees that ordinarily are excluded from the financial mainstream. Program loans will be unsecured and are intended to assist employees of the City who may have experienced unexpected or emergency expenses, increased health care costs or other needs. Repayment of Program loans shall be through installments which shall be available over six(6),twelve (12), eighteen(18), or twenty-four(24)months in duration and shall be automatically deducted from each of the employee applicant's paychecks until such time as when the loan is completely paid off. RFP 13/14-25—BMG MONEY,INC. 10 Repayment of loans shall be through fixed, recurring installments over six (6),twelve (12), eighteen(18), or twenty-four(24)months of pay periods (at the employee's option) and shall be automatically deducted from employee's paychecks until such time as loans are repaid. It will be BMG's responsibility to provide the deduction amounts per each employee payroll deduction schedule. Qualification for the Program shall be simple with no credit check or need for a bank account required. Rather than underwriting loans based upon credit scores and history like traditional banks and credit unions are required to do, BMG instead underwrites loans based upon employment status and income,thus enabling access to employees that ordinarily are excluded from the financial mainstream and too often turn to predatory payday lenders charging 10-to-12 times the cost of LoansAtWork. Employees will be approved if they meet the following criteria: Participation requirements: one(1) year or more of continuous employment with the City; active, full-time, benefits-eligible employee; not a temporary or seasonal employee; and no current bankruptcy case pending in court. All eligibility processing, other legally-required identity and address verification, and review for currently-open bankruptcy filings will be managed by BMG. At the time of application, BMG will conduct an income review to design each Program loan so that the payroll deduction repayments do not exceed twenty-percent(20%) of the employee applicant's net take- home pay, for example. BMG will implement the income calculations and support all related processing based upon the actual census information rovided by the City. Y tY. Proposer does not propose to provide any additional services in relation to the scope of the RFP other than as specifically set forth herein. BMG only offers one product—the LoansAtWork program—and will not cross-sell any other plans,products or services to employees of the City without the prior written approval of the City. However, in connection with the LoansAtWork program,to help keep the City employees on sound financial footing in the future,BMG reports loan performance to credit bureaus (payroll deductions ensure timely repayment). And, BMG offers free financial literacy training to our employer clients' employees (based upon the FDIC's Money Smart curriculum)—whether they are LoansAtWork customers or not. B. Cost of Services— RFP 13/14-25—BMG MONEY,INC. 11 BMG does not request nor require the City to pay to BMG any fees, contributions, assessments,premiums or charges of any kind whatsoever. The City shall not be requested nor required to reimburse BMG for any expenses. Furthermore,the City will not guarantee BMG against any risk of credit losses. The City shall bear absolutely no liability or risk from the Program. The City shall NOT be a guarantor or secondarily liable in any manner for the repayment of Program loans and responsibility for all such loans shall be strictly and solely the employee applicant's and Proposer's. Proposer shall assume any and all liability associated with all such loans, inclusive of loans pertaining to employee applicants no longer under the City's employment,whether due to resignation,termination, or otherwise. In sum, Proposer shall not charge the City any fees or costs to provide the services as listed herein. Interest rates on the Program loans will be comparable to those for cash advances on credit cards. Using this voluntary program, loans will be available to employees who may not qualify for credit cards, bank or credit union loans, and the like. These same employees too often fall victim to the predatory payday loans providers charging fees equal to APRs of 275%or more. Program loan interest rates will be a small fraction of the cost of payday loans—BMG's fixed interest rate will be 23.99%. BMG charges only "simple"interest—unlike many credit cards,there is no compounding— no interest-on-interest. The actual cost is lower than you might assume given the rate,because simple interest is assessed only on the declining balance. For example, a one-year, $1,000 loan under the Program has a total cost of$158. Unlike a credit card, Program loans are short-term so balances are repaid much more quickly—compared to credit cards with too-small minimum payments meant to keep borrowers in debt for years, or even decades. Program loans never charge late fees,there are no penalty rates, and employees may pay off loans—in full or partially—any time with absolutely no prepayment penalties. 47. Marketing. Proposer accepts all conditions as set forth in Section 47 of the REP regarding marketing. 49. Reimbursement. RFP 13/14-25-BMG MONEY,INC. 12 Proposer shall reimburse the City for any of its direct, out-of-pocket costs in connection with bank wire or electronic fund transfer costs and payroll deduction processor charges associated with the Program. 50. Public Records. Proposer accepts all conditions as set forth in Section 50 of the RFP regarding public records. 51. Indemnification. Proposer accepts all conditions as set forth in Section 51 of the RFP regarding indemnification. 52. Assignment. BMG may assign its rights, but none of its obligations,under any agreement resulting from the RFP only upon the express written consent of the City,provided, however, that in connection with the financing of any loans related to the Services, Provider may assign its rights to payroll-deducted amounts relating thereto (in such case, Provider may not assign any of its obligations hereunder and City is entitled to deal solely with Provider). 53. Termination.. The City and BMG may terminate any agreement resulting from the RFP upon 30 days prior written notice to the non-terminating party, at the address shown in such agreement. Notwithstanding any termination of such agreement, such agreement shall survive as to any notes outstanding as of such termination until final payment in full of such notes. 54. Governing Law. Any contract or agreement resulting from the RFP shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of such contract or agreement,venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida. 55. Agreement. Proposer has reviewed the standard form of agreement and the terms and conditions available on the City's website and, other than as specifically provided for in RFP 13/14-25-BMG MONEY,INC. 13 this Proposal or its attachments,Proposer agrees to the applicable provisions contained in such form of agreement and terms and conditions. Prior to the issuance of the RFP, Proposer retained Ioppolo Law Group as its outside counsel. Proposer warrants that it has not employed or retained any other company or person, other than a bona fide employee working solely for Proposer,to solicit or secure any agreement resulting from the RFP. Proposer has not paid or agreed to pay Ioppolo Law Group or any other person, company, corporation, individual or firm other than a bona fide employee working solely for Proposer, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making an agreement resulting from the RFP. * * * * * Again, we are grateful for the opportunity to submit this Proposal. As part of the evaluation process and at the City's request, Proposer stands ready to answer any clarifying questions,make presentations as appropriate, and/or participate in any interviews as needed. We believe that BMG's LoansAtWork Program is the best way fot the City to protect its most important asset—its employees—from predatory payday lending. This simple,responsible and low-cost emergency loan solution comes without any cost or liability to the City and helps those employees most in need. Thank you in advance for your assistance in connection with this important matter, and please do not hesitate to contact me if I can be helpful in any way. Respectfully submitted, Thomas C. McCormick Chief Operating Officer BMG Money,Inc. Attchts. (10): Proposal Submission Form; Non Collusion Affidavit; Conflict of Interest Affidavit; Florida Statutes on Public Entity Crimes Affidavit; Compliance with the Public Records Law Affidavit; Bidder Qualification Affidavit; Certification of Non-Segregated Facilities Form; Disputes Disclosure Form; Drug Free Workplace Form; and List of Public and Private Agencies Utilizing Similar Services. RFP 13/14-25-BMG MONEY,INC. 14 PROPOSAL SUBMISSION FORM PART 1 GENERAL 1.01 Description The following Proposal, for (1) Payroll Deduction Loan Program, RFP 13/14-25 is hereby made to the City of Sanford, Florida. This Proposal is submitted by (2) 114NA MoWcy n/C 1aa 1 V JUE S J 7 .1 0 3 3 L. 3 1 4-G.. iutc3c,E:nn;e:Xe bMvmore-y . Co AA `305 .. 1. 6 A- (1) Name of Project as shown in the Solicitation (2) Name, address, email address, and telephone number of Proposer 1.02 The Undersigned: A. Acknowledges receipt of: 1. Addenda: Number .4- Dated 3 7 .1-6,deiY Number Dated Number Dated Number Dated B. Has examined the work and all Submission Documents and understands that in submitting his/her proposal, he/she waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Proposal open for ninety (90) calendar days after the opening date. 2. To enter into negotiations and execute a contract with the City, if awarded on the basis of this Proposal and subsequent negotiations, and to furnish required forms and insurance certificates in accordance with the Request for Proposals. 3. To accomplish the work in accordance with the Contract Documents. CITY OF SANFORD RFP 13114-25 Payroll Deduction Loan Program 1.04 Miscellaneous Requirements and Affirmations A. Proposals shall be on this Form and incompliance with the requirements listed herein before and after. 1.05 SUBMITTED, signed and sealed this 623 day of -L , ,gm 6-- &to n.I C Contractor (a1 i-1 By (Signature) Date ` Fto 4M S C, � C krE F 04.44 T- `it pr,4rc=.tr. Printed Name and Title 2a)- - 1 cilEi- rj✓En1cv-i 5ci-7ce 1/ !o Business Address /P M r9M= 3 313 2 (CORPORATE SEAL) City State Zip Code 35- 851._ 61. ;q- 346-- `�0t 963 Telephone No. Facsimile No. 4-0p . N1 e-c0 r/'l i C V bM rat 0 1� . CO,vN Email Address ATTEST: Y By (Signature) Date /M/I /cEL RT?2zorJ F=-r✓4 ivcA4t ASec.1197' Printed Name and Title On the Envelope Containing Your Submission: Include the Return Address Address or Deliver To: F. William Smith, Purchasing Manager City of Sanford Mail Delivery - P.O. Box 1788, Sanford, FL 32772 Physical Delivery - 300 N. Park Avenue, Room 236, Sanford, FL 32771 In the Lower Left Corner of the Envelope, Provide the Following: RFP Number: RFP 13/14-25 Payroll Deduction Loan Program Open Date: July 24, 2014 Open Time: 2:00 P.M. CITY OF SANFORD RFP 13114-25 Payroll Deduction Loan Program Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 SECTION 00432-1 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said Bidder or Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, Proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other Bidder, Proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other Bidder of Proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other Bidder or Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or Proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. BMG- AA NI G�( j 1�1C , Bidder Signature of Authorized Representative ( ffiannt) Date I I-fcMAS C. M<Co,Z, tC(C ( K F 0 6F-cc r Printed or Typed Name and Title of Authorized Representative (Affiant) RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 COUNTY OF di —0A2— STATE OF FLORIDA / On this I day of �j [ (,,' , 20 / 17/ , before me, the undersigned Notary Public of the State of Florida, petrbonally appeared AS C, Nt CCor°An-te-K_ whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS m_ y hand and officj I seal He/She is personally known to me or has produced /7L—)).1,7ezS —��� '7/-//q , as identification. IP (Notary Public in and for the Count 1 State A€• erffdffibried) SEAL My commission expires: (-) ç () END OF SECTION .0,0sTst,a CARIDAD VELAZQUEZ •,�itt`�; Notary Public-State of Florida _? My Comm.Expires Feb 5,2018 Commission•FF 089954 Bonded Through National Notary Assn. 432-2 RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 SECTION 00434-1 CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. I certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. $tvVE M0AJ + C Bidder p lg, d.014 Signature of Authorized Representative (Affian Date `.7-7-6o(11&S C. All ere<4 C1f CH f 06t14-7 -16- 0Fr -cc� Printed or Typed Name and Title of Authorized Representative (Affiant) RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 COUNTY OF RIDA t- e!)'"— STATE OF FLO On this /1 day of , 20 JV , before me, the undersigned Notary Public of the State of Florida, per onally appeared Mto,n,/\S C . M cco2 whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS_my_had and official seal He/She is personally known to me or has produced ,2L- /11: 5 . " . 7/- /74- , as identification. (1)/2 I/et el V-(9,6- 40A (Notary Public in and for the County and-S ate Afbre entioned) SEAL My commission expires: E— 5�/ J-6)- / 6 • END OF SECTION 4 4;:t!',41.;„ CARIDAD VELAZQUEZ • Notary Public-State of Florida `• ▪ My Comm.Expires Feb 5.2018 Bonded Thriough Na Wont 089954 Assn. 00434-2 RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 SECTION 00436-1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT The Affiant identified below attests to the following: 1. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 3. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 4. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 V Neither the entity submitting this sworn statement, nor an officers directors Y executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are I active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) V I I understand that the submission of this form to the City of Sanford is for the City only and, that this form is valid through December 31, of the calendar year in which it is filed. I also understand that i am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. 6 /v1 6- M oA/E.%, ANC . -1-a I-166 yI_ Bide FEIN No. Signature of Authorized g Re sentative (Affiant) bate `fil-gag,A S C. M c CoKc'/LZ.rc r; C H F of 4 r-,"G 0 rFr r Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF 0 — STATE OF FLORIDA On this / day of . �{- , 20 / // , before me, the undersigned Notary Public of the State of Florida,personally appeared ` 7-calls C. /41(to4.4-7re4( whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has produced .>L- /22,)6.2S_-F23 - 7/-/'7G/-O , as identification. 3 (Notary Public in and for the doWtygnd State—Aforementioned) SEAL My commission expires: Va_- `j c>26/8 END OF SECTION 4 41:P;y,,, CARIDAD VELAZOUEZ RFP 13/14-25 :° Notary Public•State of Florida Payroll Deduction Loan Program •, E My Comm.Expires Feb 5,2018 Due Thursday July 24,2014 @ 2:00 PM %;:,�'�� A;- Commission N Ff 089951 1 _`to'•'_Bonded Through National Notary Assn. 4 Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 00436-2 SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers/Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. 8 Ml C- Mo:v E Bidder --3-c,„ 1,2 Signature of Authorized Representative (Affiant) Date Tt-lor,A.S C. M °co2#1uCL(, Ck. F 0/4,2 4"T 6- Or C&/t, Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA On this / day of J , 20 /4 _, before me, the undersigned Notary Public of the State of Florida, phrsonally appeared f N04-1/1$ C. t Ice ecz-reK whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it /WITNESS my a d and officialese I. He/She is personally known to me or bas produced ,bL-�'� 62 S- 6o' ` 7/- //4/ — , as identification. (Notary Public in and for the County doAfo mentioned) SEAL My commission expires: �-i--- .2a/d END OF SECTIO CARIDAD VELAZQUEZ J� •p0°,4 p RFP 13/14-25 ;+o`er ,0.''- Payroll Deduction Loan Program ' ` Notary Public-State of Florida Due Thursday July 24,2014 @ 2:00 PM N• '' My Comm.Expires Feb 5,2018 ' A,- Commission#�fF 089954 '',,,° W;••` Bonded Through National Notary Assn. Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 SECTION 00440-1 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. £e - i' to:t/t;- I , �C . Name of Bidder l a ,647..rc.‘le_c 4 vaAkf, S Fi^ 33131 305. 53-1_ x.23 Address of Bidder Phone No. of Bidder Bidder E-Mail Address Ive^ MCcc7ri11:CV 'A b/kQMo:.4y. 6o.N� The Bidder is (check one of the following): Vh r ( )An Individual ( )A Partnership (klf A Corporation Principal Office Address: (E U— V i'c e: 5v .11fo M--4 4,1 m FL 33 5-� - 1. If Bidder is a corporation, answer the following: Date of Incorporation: Se P7-5-i+'t 00 7 State of Incorporation: 4-4 tvA R President's Name: At/6,1:A Viee-Pfes is Name: J oJ t-(. M A'C 11 E S 2. If Bidder is an individual or a partnership, answer the following: Date of Organization: Name, Address and Ownership Units of all Partners: State whether general or limited partnership: RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Bidder is operation under a fictitious name, submit evidence of;ompliance with the Florida Fictitious Name Statute. Information attached: Yes vi N/A 5. How many years has the Bidder been in business under its present name? Y Y t.Vc .p iW c&Tr11'S A PQ2cXiMv4-i&-LI _, 6. Under what other former names has the Bidder operated? 8 cos r orvc j C , (�tss 7�aR..� 1 Mc.ni 11� 7. List below information concerning comparable programs the Proposer has completed in the last five (5) years as a Principal for the type of program required for this request (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Proposer named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Proposer. 8. Name of Entity Address of Entity Entity Contact Name and Where Program Phone No. Implemented S GC Airy\ cke_� 9. Has the Proposer ever failed to complete any program awarded to it? If so, state when, where and why (attach additional sheets as necessary). A.) 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Proposer(attach additional sheets as necessary): NoArC The Proposer acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and/or contract. 00440-2 2M& ,44 ONE y , ..zn/C Name of / poPro.Proposer Y c_ Signature of Authorized Representative (Affiant) Date ` Horn.} s C. ,at eCo4on...r-t!{ C Hsi r CPg2'9 i al`-f - OFF. k I Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF i24,4 STATE OF FLO IDA ���� On this i6 day of 1(x.2,A,## , 20 /2/ , before me, the undersigned Notary Public of the State of Florida, pe'thonally appeared 77aon'1.4 S C N2C'c'i+K x4x-'K whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is 1 personally known to me or has produced vL/)2c ) — ? 3 —17�-�7V- as identification. (1)�,, 4a� V / � . (Notary Public in and for the County ans :f.te Afor mentioned) SEAL My commission expires: �._.r7 - 5 f ' 0/8' END OF SECTION I — — — — — — 0 4:"pie,, CARIDAD VELAZOUEZ 0 0 f P .1 `�: Notary Public-State of Florida N, •ii tc My Comm.Expires Feb 5,2018 -,;,F��� �• Commission FF 089954 °''° ? Bonded Through National Notary Assn. 1 1 RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM N m m v o -I Ln o N LO c-I O X X X Z a a) a • 00 - O O m 00 m N I a 00 ri O O ci 00 L0 N ~ in NN Ln m 4 ev -C W 00 m Ln N Ln c-I LO N In N O LO L0 L0 LO 00 in l0 00 O: m 00 N d' Ln Ln Ln Lf) v-i Ln Ln Lf) O O O O l0 O O col m m m m Ln m m U) C a s a) c a c Y a L CO L jz co co a' E ' o E a co a t yr 0 0 t r) \ U C L CO G=- _ ro CO L 0 O OL a C CO O 4- a T ro O Z v) O cc a ro m E 0 >, a C a U `- c -.Y... O O U c o C I c y ns L 4 4- U 02 E C v U . a O° L C 0. 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I- U .-i N m •T Ln l0 N 00 Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 440-3 Form 00450 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to perform their services at any location under the Contractor's control during the life of this contract where segregated facilities are maintained. The Contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. M0nlE� Contractor C)/ r_ (2,c1E-1 Signature of Authorized Representativ Date 71-or.AS C kMecoRMrc; CN F OPf?ir4-G OF E& Printed or Typed Name and Title of Authorized Representative END OF SECTION RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 SECTION 00452 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? NO (Y/N) 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? 'I E S (Y/N) OchC 144 Net./ 7 6E-_61%) QeCL.'V 0 -zn/ E '1.-i Kok..,:EVEr�, 60(2 F�--Ki't ltih S M(!D d. ftw,-Rttcrf T-e--&iM.l-MNZO ft CoNJ'VUv n,Ce uJp, 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? 'U0 (Y/N) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. Ceti« M oN Firm 9— ce: `/I-K/ -7.3" 1g, 't Signature of Authorized Rep sentative Date RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM f Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 Tl fori,�.1 C. MCCO.Q.Afi.. 0 nirt f ciPC-, T.a=s-1G O iCE, Printed or Typed Name and Title of Authorized Representative END OF SECTION SECTION 00454 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in item 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. em e_ MoiVLf Firm RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM Project Name: PAYROLL DEDUCTION LOAN PROGRAM Invitation for Bids No.: RFP 13/14-25 Signature of Authorized Representative Date -77-ion/t5 C . fri c'C'0 44rr?d Printed or Typed Name and Title of Authorized Representative END OF SECTION RFP 13/14-25 Payroll Deduction Loan Program Due Thursday July 24,2014 @ 2:00 PM `o a .2 a a a a a a a a a a a a a a a a z a z z a z z z z z z a z z z z z a = z z z z z z z z z z z z z z z z 0 u o n a a . a a a a a a z z z z z z z z Ill' z z z z z z z z a a °1 1 1 1 o z z z z >u o of o f Ei E o JJ ° oi @EI c _ 3 o _ 3 E E E ° E ; -1 2 $ 1 E 31 o fe M P 2 . t E E c = � 2 .. t W E e .I 2 J• I ni '�- a 3 Y _I E _ 5I & Y1 ...I E a1 a 'It `.i P.m o ° 2 n 2 ‘'.8 2 m m e P, 2 S N n m m m m n ,O O LL N N tV ,p M Omt m M m m 'm M r°+1 M O1 m 01 m r m m M M m Of I+ N M O O Fi Ell i V1 u W 2 F ° M b ti O V 8 O ° m O O T � O G O m,p O < ry e o O m w N n m a m m m m m o � `i,' m v tee,' m ° ° ° m iv m m :2, ° m m m ro m m °M °M m °M m V. 0 m o m °o • F.• . o ° f Z. — o ° 9 °' n E -° E u° o t� � =; m LL m o 0 1O - n > m f O E m 3 m o m LL.� o ▪ o a m f o -E ° :,=,;. f r m .2 w v a E A LL !, " n c -, = r 2 a ,, f 'e „ o LL q m° • Z ' a' a A u 2 z° . 3 _ „'o, ' aJ ° 3 o a' f -,'Z' A f f "' m E x V• a' ° `o a' ai v a ¢' Q - ai f d Q ?: u T. m` ¢ y E w ' 2 v m m a i ° E" - a' a n L M A E o z r E z 8 i f z 3 u° 3 n z Z O 21" ; o c H m .-' N n m "' m 3 ° z° 8 z ° 3 z ° z z ,3„ u z u z z ,3„ ,,,, o' a 0 o ° °o °o o ° 0 0 0 ,:q °m ° m .n •+ m .+ v N .. r .. m m ,v m .n .�+ m .� °o ,n a .� m ry N m `o V: c i — w t E i ° ° - c E t ` `' O E 0 8 A' � v E c x E � Gr, 0 c u° c .. 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