INVITATION TO TENDER

FOR

SUPPLY OF BANKING SERVICES

CONTRACT NAME – “Banking Tender 2011”

OPENING DATE & TIME

9.00 a.m. – Saturday 19 February 2011

CLOSING DATE & TIME 5.00 p.m. – Friday 18 March 2011

Delivered to:

MR. DAVID RAE

PORTLAND DISTRICT HEALTH BENTINCK ST

PORTLAND VIC 3305

drae.pdh@swarh.vic.gov.au

All Enquiries to be lodged in writing and

Addressed to Mr David Rae – Finance Manager

Tenders may be lodged by mail, or in electronic form via email.

Late Tenders will not be considered

Tenders lodged by facsimile will not be accepted.

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Contents

1 Background & Service Specification .......................................................................................................................... 5

1.1 Introduction ....................................................................................................................................................... 5

1.1.1 General Information ...................................................................................................................................... 5

1.1.2 Health Service Information ........................................................................................................................... 6

1.1.3 South West Alliance of Rural Health ............................................................................................................ 6

1.2 Banking Services ............................................................................................................................................... 6

1.3 Banking Services Required ............................................................................................................................... 7

1.3.1 Category 1- General Banking Services ......................................................................................................... 7

1.3.2 Category 2 – Payments by Telephone ........................................................................................................... 8

1.3.3 Category 3 – Payments by Internet ............................................................................................................... 8

1.3.4 Category 4 – Payments by Direct Debit ........................................................................................................ 9

1.3.5 Category 5 – Payments by Other Mediums ................................................................................................... 9

1.4 Implementation Strategy (if required) ............................................................................................................... 9

1.4.1 Timetable for Implementation:- .................................................................................................................... 9

1.5 Evaluation Criteria .......................................................................................................................................... 10

1.6 Lodgement of tenders ...................................................................................................................................... 10

1.7 Provision to request further information ......................................................................................................... 11

2 Conditions of Tendering ........................................................................................................................................... 12

2.1 Tenderers to inform themselves fully .............................................................................................................. 12

2.2 Document fee .................................................................................................................................................. 12

2.3 Non-conforming tender ................................................................................................................................... 12

2.4 Withdrawal of tender ....................................................................................................................................... 13

2.5 Disqualification of tender ................................................................................................................................ 13

2.6 The tender ....................................................................................................................................................... 13

2.7 Lodgement of tender ....................................................................................................................................... 13

2.8 Evaluation of tenders ....................................................................................................................................... 14

2.9 Confidentiality ................................................................................................................................................. 14

2.10 Acceptance of tender ....................................................................................................................................... 14

2.11 Notification of successful tender ..................................................................................................................... 15

2.12 Number of copies ............................................................................................................................................ 15

3 Conforming Schedules .............................................................................................................................................. 16

3

3.1 Schedule A - Tender Form .............................................................................................................................. 17

3.2 Schedule B – Specific Pricing Information ..................................................................................................... 18

3.3 Schedule C – Statement of Compliance .......................................................................................................... 21

3.4 Schedule D – Receipt of Addenda .................................................................................................................. 22

3.5 Schedule E – Statutory Declaration ................................................................................................................. 23

3.6 Schedule F – Company References ................................................................................................................. 24

3.7 Schedule G – Insurance and Indemnity Disclosure ......................................................................................... 25

4 General Conditions ................................................................................................................................................... 26

4.1 General ............................................................................................................................................................ 26

4.2 Definitions ....................................................................................................................................................... 26

4.3 Form of contract .............................................................................................................................................. 26

4.4 Nature of contract ............................................................................................................................................ 27

4.5 The Supervising Officer .................................................................................................................................. 27

4.6 Variations ........................................................................................................................................................ 27

4.7 Commencement date ....................................................................................................................................... 27

4.8 Payments ......................................................................................................................................................... 27

4.9 Contract term ................................................................................................................................................... 28

4.10 Statutory Requirements ................................................................................................................................... 28

4.11 Good and Services Tax (GST) ........................................................................................................................ 28

4.12 Insurance and indemnity.................................................................................................................................. 29

4.13 Health and Safety ............................................................................................................................................ 30

4.14 Notices ............................................................................................................................................................ 30

4.15 Default and termination ................................................................................................................................... 30

4.16 Insolvency of Service Provider ....................................................................................................................... 31

4.17 Assignment and sub-contracting...................................................................................................................... 31

4.18 Rise and fall .................................................................................................................................................... 31

4.19 Conflict of interest ........................................................................................................................................... 31

4.20 Dispute resolution ........................................................................................................................................... 31

4.21 Intellectual Property ........................................................................................................................................ 32

4.22 Confidentiality ................................................................................................................................................. 32

4.23 Information privacy ......................................................................................................................................... 32

4.24 Use of the Health Services name or logo ........................................................................................................ 32

4

4.25 The media ........................................................................................................................................................ 33

5 Annexure .................................................................................................................................................................. 34

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1 Background & Service Specification

1.1 Introduction

1.1.1 General Information

Portland is considered "Victoria's Birthplace" because in 1834 Victoria's first permanent European

settlement was established. Portland's European history began with whalers and sealers who

seasonally inhabited the area. In 1834 Edward Henty arrived from Tasmania in search of good

grazing land and established the Portland settlement. It wasn't until 1835 that Melbourne and other

areas followed suit.

Located half way between Adelaide and Melbourne, Portland‟s magical history is peppered with

tales of great whalers, hard working graziers and the inspirational Saint Mary MacKillop. Today

Portland enjoys more contemporary popularity derived from tourism. Fishing is the obvious pastime

with a choice of breakwater, surf or river fishing with the harbour boasting one of the best boat

ramps in Victoria. Water sports on offer include yachting surfing, sail boarding and wave riding,

canoeing and waterskiing with the avid motorcyclists catered for on forest routes through nearby

mountain locations. Whales are still popular, and throughout the winter months, can be viewed

during the annual migration to warmer waters.

The Portland area encompasses the spectacular scenery of the 3 bays - Portland Bay, Bridgewater

Bay and Discovery Bay. Cape Nelson Lighthouse, built in 1884, is perched on the tip of Cape

Nelson overlooking Portland Bay and the treacherous southern ocean.

Portland has astounding geothermal energy, which helps heat many of Portland's buildings

including the Portland Leisure and Aquatic Centre's indoor swimming pools. The water is also

cooled for further domestic consumption.

Some of Portland's attractions include:

The Portland Cable Tram;

The Portland Botanical Gardens - One of the first public gardens to be established in

Victoria and feature a bluestone Curator's Cottage, croquet lawns and 1300 dahlias planted

each year;

Fawthrop Lagoon - A permanent wetland area set in natural bushland on the city fringe. It is

home to many birds, plants and aquatic life as well as having an excellent walking track;

A lavender farm and wineries from the Henty Wine region;

The WWII Memorial Lookout Tower - Built in an obsolete water tower, the museum

displays memorabilia connected to the war and its many steps will lead you to a fantastic

360 degree view of Portland;

Portland's Powerhouse Motor and Car Museum - the 4th largest in Australia has a unique

collection of veteran, vintage and classic cars, motorbikes, tractors and engines.

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Portland is the largest city in the region, yet it has the charm of a large country town, set by the sea,

with all the modern amenities. The city revolves around its deep-water port, however tourism is

increasing in the area as the many attributes of the south west are discovered.

1.1.2 Health Service Information

Portland District Health (PDH or the Health Service) provides services to the Glenelg Shire with

major population centres being the city of Portland and the townships of Heywood, Narrawong,

Tyrendarra and Nelson.

The population which we service is approximately 16,739.

Our vision is that PDH will deliver excellence in health services through continually challenging

ourselves to do better and creatively meeting the needs of the community by listening, living and

working together

PDH is a Public Hospital with 50 acute/sub-acute beds, 30 nursing home beds and a Supported

Residential Service. Through its primary and community care division, PDH also offers a diverse

range of community health services. A complete list of health services can be found at the PDH

website at www.swarh2com.au/pdh under the „Our Services” tab.

1.1.3 South West Alliance of Rural Health

The South West Alliance Of Rural Health (SWARH) is an Alliance of public health agencies in the

South West of Victoria covering an area of approximately 60,000 sq. kilometres connecting all

public acute hospitals and associated health services in a region extending from west of Melbourne

to the South Australian Border.

SWARH was formed in late 1997 to focus on the development of IT for the Acute Public Hospitals

in the South West Region of Victoria. In addition to the financial incentive provided by the

Department of Human Services, the SWARH Alliance has been fortunate to have a group of Chief

Executive Officers and Hospital Boards who, although not technically expert, have appreciated the

fact that as individual agencies, the capacity to invest in technology to improve service delivery and

gain returns on the investment required was not possible on their own.

The Alliance consists of 33 individual healthcare agencies in the South West region of Victoria.

Tenderers should note that this banking tender is for services to PDH only, and not directly related

to any other agency member of SWARH.

1.2 Banking Services

Section 1.3 describes the banking and related services required by PDH. Tenderers are encouraged

to list and cost additional services that may be provided to benefit the overall operational efficiency

of the Health Service. Schedule B of Section 3 Conforming Schedules outlines proposed activity

levels for PDH.

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It is the preference of the Health Service to appoint a sole provider of Banking Services for the

contract period. The Health Service does not intend to seek supporting presentations from tenderers

nor will any negotiation on price be entered into after tenders have been submitted. On this basis

tenderers are encouraged to offer best possible pricing at the outset.

The tender evaluation will include provision of all range of services and cost of provision of the

services. Implementation of the services may require phasing to accommodate various modes of

service delivery and critical dates for PDH‟s ongoing business.

1.3 Banking Services Required

1.3.1 Category 1- General Banking Services

(a) Overdraft facilities, including offset facility against all credit funds. The method of

calculating interest of overdraft and the basis for determining the overdraft interest

rates chargeable must be specified. The ability to automatically 'sweep' a net credit

balance at close of business and invest 'at call' will be favourably considered, as will

be the ability to offset overdraft positions with deposit positions held in related

accounts.

(b) Electronic Banking Payment Facilities for payment of salaries and creditors

electronically. The Health Service does retain the right to use an alternative agency

or provider.

(c) Electronic bank statements/balances available on a daily basis with ability to

download transactions to Oracle Financial Management Information System.

(d) A designated Manager including, where possible, staff at a local branch to deal with

the Health Service's banking services. Formal review meetings annually with the

provider‟s designated manager and the Health Service‟s Finance Manager, or their

delegate will be required to ensure that the PDH is informed of the latest banking

services and economic climate forecasts and to resolve any issues in a timely

manner.

(e) Provision/rental of Credit Card and EFTPOS facilities (the Health Service currently

utilises three (3) EFTPOS machines at three (3) locations.

(f) Business use credit card facilities (including any concessions on merchant service

fees). One (1) corporate credit card is currently utilised by the Health Service

however this number is expected to increase in the near future. PDH requires a

card facility limit of at least $25,000.

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(g) Payments by Bpay - Tenders should discuss the options of utilising Bpay on-line

via the Internet. The fee schedule should indicate a sliding scale where volume

impacts on costs if possible. Costs of all Bpay options should be separately

detailed, including establishment fees, merchant and transaction fees

For Categories 2- 5 (where applicable), tenderers are required to specify options for the

following measures:

(a) Method of delivery, frequency and timing of data transfer (including option of

separate files per payment method taken up), including details of data structure

options.

(b) Cost – including establishment fees, transaction costs, annual fees, merchant fees,

fees for any enhancements.

(c) Enhanced services available – eg. Data imaging.

(d) Any software purchase requirements and associated costs.

(e) Help desk facility – including hours of operation, capacity of Help desk and of each

option.

(f) Processing turnaround time of transactions, including cut-off time each day.

(g) The capacity to differentiate between different transaction types and send the data

to different destinations.

(h) The ability to merge data from multiple sources (eg. IVR and Internet) into one data

file.

1.3.2 Category 2 – Payments by Telephone

The Health Service requires a secure on-line validation system capable of handling solid transaction

volumes with on-line credit card validation capacity. Payment volumes are consistent across a

twelve month period, with no apparent peaks or troughs.

1.3.3 Category 3 – Payments by Internet

The Health Service requires a secure on-line validation system for acceptance of payments via the

Internet with on-line credit card validation capacity. The Health Service does not currently offer

this service therefore is unable to provide any indicative transaction volumes.

9

1.3.4 Category 4 – Payments by Direct Debit

Included for the purposes of recognition only. Direct Debit is not a required service.

1.3.5 Category 5 – Payments by Other Mediums

Tenderers should detail any other payment methods that are not detailed above.

1.4 Implementation Strategy (if required)

This section of the tender submission should include a Transition Plan and timetable, including

strategies for a seamless transition with continuity of service provision. This should address, but not

be limited to:

Technology (including compliance of existing systems and provision/requirement of new

systems)

Administrative issues such as registration of bank signatures, printing of cheques etc

Training (including commitment to providing training to appropriate Health Service staff on

use of the systems)

Relationship management and implementation Project Management

Requirement:

Service Providers are requested to provide details of a change over strategy as described above and

any costs that may be associated with providing new systems, software, implementation or any other

costs associated with changing service providers.

1.4.1 Timetable for Implementation:-

a) Tenders will be received up to 5.00 pm, on Friday 18th

March 2011.

b) Due to the schedule of Finance Committee and Board meetings, the Health Service will make a

decision on preferred supplier during the six to eight weeks subsequent to receipt of responses.

c) New contract to commence from 1 July 2011.

d) It is proposed that the tender will be for a period of approximately three (3) years with a further

two (2) 12-month periods as options. Take up of this option will be wholly at the discretion of

the Health Service. The successful Tenderer will be advised at least three (3) months prior to

the end of the contract period of the Health Service‟s decision regarding the exercising of the

option.

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1.5 Evaluation Criteria

The Health Service will establish an Evaluation Panel to evaluate responses to the Tender.

Respondents will be evaluated on the following attributes:

Attributes Relevant Schedules No’s

1. Price – based on calculations across

high volume channels

Schedule 1

2. Product sophistication – ability to

meet PDH processing requirements,

security levels and data import

specifications

General Response

3. Level of Relationship Management

Support – team applied, use of help

desks

Schedule 4

4. Commitment to the Local

Community – not limited to branch

representation.

General Response

5. Ability to Implement (if required) –

over an 8 week timeframe.

General Response

6. Degree of Innovation – New

products and strategies to assist

PDH streamline activities.

General Response

For the purpose of evaluating the tenderer‟s knowledge and experience in this field the following

factors, in order of importance, may be taken into consideration:

a) Degree to which the above evaluation criteria are considered.

b) Professionalism and accuracy of Presentation documents.

c) Quality of Referees.

d) Experience, qualifications and skills of the personnel performing the work

e) Range of services

1.6 Lodgement of tenders

Tenders must be received by David Rae at PDH Offices, Bentinck St, Portland by 5pm on 18th

March 2011 and should be endorsed:

Banking Tender 2011 – Supply of Banking Services.

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1.7 Provision to request further information

Additional questions may be submitted by the Tenderers (in email form only) up to 3.00 p.m. on

Friday 4th

March 2011.

Questions must be addressed to drae.pdh@swarh.vic.gov.au

All questions will be collated with one message sent to each potential supplier, containing responses

to all questions received, noting an Addenda number.

This email will be sent not later than 3.00 p.m. on Friday 11h March 2011.

Tenderer’s should ensure that Tenders clearly address the evaluation criteria.

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2 Conditions of Tendering

2.1 Tenderers to inform themselves fully

1.1 A Tenderer shall become fully acquainted with all conditions relating to the tender

and the contract.

1.2 If the Tenderer has any doubt as to the meaning of any portion of the tender

documents or the scope of the work required hereunder, the uncertainty should be

clarified before a tender is submitted.

1.3 A Tenderer is deemed to: -

1.3.1 have examined the tender documents, the sites and any other information

made available in writing by the Health Service to the Tenderer for the

purpose of tendering;

1.3.2 have examined all information (obtainable by the making of reasonable

enquiries) that is relevant to the risks, contingencies, and any other

circumstance that may have an effect on the tender;

1.3.3 be satisfied as to the correctness and sufficiency of the tender;

1.3.4 be satisfied that the price covers all the costs of complying with all the

obligations of the tender documents; and

1.3.5 be satisfied of all the matters and things that are necessary for the due and

proper performance and completion of the work described in the tender

documents.

1.4 The Health Service will not entertain any claim whatsoever on account of the

Tenderer having failed to comply with the provisions of this clause.

2.2 Document fee

No document fee.

2.3 Non-conforming tender

Any tender, which does not comply with the requirements of these conditions, is lodged as

an incomplete tender or is conditional in any way, shall be deemed to be non-conforming.

Notwithstanding the foregoing, a Tenderer may submit a tender not conforming with the

specification, provided such tender is accompanied by a full and accurate description of the

way in which the specification is varied and it clearly provides the outcome sought by the

Health Service. The Health Service reserves the right to reject part or all of a non-

conforming tender.

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2.4 Withdrawal of tender

Tenderers may withdraw a lodged tender at any time before the closing date of tenders. No

tender may be withdrawn within 30 days following the closing date of tenders.

2.5 Disqualification of tender

Any Tenderer who directly or indirectly canvasses support from an elected member, or

employee of the Health Service will be disqualified. Enquiries in relation to the tender must

only be directed to the Officer named in the tender invitation documents.

2.6 The tender

All documents submitted in response to this tender invitation, shall collectively be called

“The Tender” and shall include the following Schedules

SCHEDULE A Tender Form

SCHEDULE B Schedule of Rates/Prices (Details)

SCHEDULE C Statement of Compliance

SCHEDULE D Receipt of Addenda

SCHEDULE E Statutory Declaration relating to Collusive Tendering

SCHEDULE F Company References

SCHEDULE G Insurance and Indemnity Disclosure

Failure to fully complete and/or submit the above documents shall render the tender non-

conforming.

Tenderers must be registered for Goods and Services Tax (GST) and all Tender sum/s shall

be GST inclusive.

The Health Service accepts no responsibility for any cost or expense incurred by the

Tenderer in preparing and lodging a tender.

2.7 Lodgement of tender

7.1 The Tenderer shall sign the tender, or if the Tenderer is a Company, execute the

tender in accordance with the requirements of Corporations Law, including the fixing

of its Common Seal if required, so as to ensure the tender is legally binding on the

tenderer. Unsigned tenders and/or incomplete tenders, tenders lodged under a

Trading or Business Name only or tenders from companies that are not lodged in

accordance with the Corporations Law, will be deemed to be non-conforming

tenders.

14

7.2 Tenders are to be enclosed in a sealed envelope, and endorsed to the attention of Mr.

David Rae clearly stating “Banking Tender – 2011. Where tenders are delivered via

email, message subject must clearly state “Banking Tender 2011” and be received

prior to the stated time on the stated date.

7.3 Completed and signed Tender documents physically delivered, shall be lodged with

Mr. David Rae at Portland Hospital, Bentinck Street, Portland Vic. 3305 on or before

the closing date and time.

7.4 Tenders received after the nominated closing time shall be deemed to be “Late

Tenders” and, shall not be considered.

7.5 No tender deposit is required to be lodged with the tender.

7.6 The submission of a Tender by a tenderer will not give rise to any contract governing

or in any way concerning, the tender process, for the Contract. The Health Service

expressly disclaims any intention to enter into any such collateral Contract.

7.7 Tenders submitted by facsimile shall not be considered.

2.8 Evaluation of tenders

In considering tenders, the Health Service or any Tender Evaluation Panel acting on its

behalf, shall take into account all the selection criteria listed in the tender documents.

Tenderers should ensure that the prescribed selection criteria are adequately addressed in

their submission. The Health Service will award the tender after having regard to the tender

evaluation report and any other factors which it considers relevant.

As part of the evaluation process, the Health Service or its Tender Evaluation Panel may

require Tenderers to make a personal presentation, may interview and negotiate with

Tenderers and seek further information. This process will be initiated by the Health Service

should it be deemed necessary.

2.9 Confidentiality

The information contained in tenders shall be confidential and no elected member or

employee of the Health Service shall be at liberty to divulge any information contained in

any tender to a member of the public without permission of the Tenderer, except as

otherwise provided by law, or as may be necessary or desirable for the conduct of business at

a meeting of the Health Service or a Committee of the Health Service.

2.10 Acceptance of tender

10.1 The Health Service shall not be bound to accept the lowest or any Tender.

15

10.2 A tender received prior to the nominated end time and date will be deemed as

accepted.

2.11 Notification of successful tender

All Tenderers will be notified in writing of the outcome of the tender process. No

information will be released regarding unsuccessful tenders.

2.12 Number of copies

Where physical documents are delivered, Tenderers shall ensure that two (2) paper copies

and a CD copy of tender requested are lodged. Where responses are submitted by email, that

email need only be sent once.

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3 Conforming Schedules

17

Schedule A

3.1 Schedule A - Tender Form

Portland District Health

Contract: Banking Tender 2011

Contract Name: Supply of Banking Services

Dated this ……………………………….…..day of……………….……….……………………2011

Registered name of tenderer: ………………………………………………………………………….

Trading name: …………………………………………………………………………………………

Registered office / business address: ………………………………………………………………….

…………………………………………………………………………………………………………

Mail address: ………………………………………………………………………………………….

…………………………………………………………………………………………………………

Australian Business Number (ABN): …………………………………………………………………

Contact person: ………………………………………………………………………………………..

Office telephone number: ………………………………...

Mobile telephone number: ……………………………….

Facsimile number: ………………………………………..

Email address: ………………………………………………………………………………………...

The party/parties (delete whichever is not applicable) specified above hereby tender to provide the Services

on the basis of the Conditions of Contract in consideration of the making of payments by Portland District

Health in accordance with the Schedule of Rates contained in schedule B. The tenderer warrants that it has

not submitted this tender as agent of a third party or as a trustee of a trust.

It is acknowledged that, until the execution of a formal agreement, this document shall evidence the contract

between the parties.

………………………………………………………….

Signature of Authorised Person

………………………………………………………….

Name of Authorised Person (Please print)

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3.2 Schedule B – Specific Pricing Information

Number of Branches

Item Description Number of

Branches

1 Number of branches within the Region

2 Number of branches in the State of Victoria

3 Number of branches in Australia

Item Description of Services Estimated

Transaction

Level Per

Annum

Unit Unit Price or

Percentage

Per Annum

(incl. GST)

Total Cost

Per Annum

Based on

Estimated

Transaction

Level (incl.

GST)

Bank Accounts

1 Account keeping fee

6 accounts Per

account

$................... $.................

2 Cheque payments by the Health

Service

500 Each $................... $.................

3 Cheque deposits

Average 10 chq’s per deposit

260

Each $................... $.................

4 Cash deposits

Average $5k max per deposit

260 Per

Month

$................... $.................

5 Dishonoured Cheque fee

(inwards)

10 Each $................... $.................

6 Stop payment of Health Service

cheques

10 Each $................... $.................

7 Bank cheques required

(occasional use)

10 Each $................... $.................

8 Trace enquiries

Various transactions

10 Each $................... $.................

9 Voucher production for inspection 1 Each $................... $.................

10 Cash handling fee 260 Per

Month

$................... $.................

11 Credit payments under periodical

authority

12 Each $................... $.................

12 Associated transfer fee for

periodical authority

12 Each $................... $.................

13 Supply of identifiable deposit

slips

N/A

Per

Book

$...................

14 Itemised monthly report of all

charges

12 Per

Report

$...................

15 Cost of Cheque book production

for 6 accounts (4 books per

account)

24 Each $...................

19

Schedule B (cont.)

Item Description of Services Estimated

Transaction

Level Per

Annum

Unit Unit Price or

Percentage

Per Annum

(incl. GST)

Total Cost

Per Annum

Based on

Estimated

Transaction

Level (incl.

GST)

Electronic Funds Payments

Fortnightly Payroll Payment

The fortnightly payroll maximum amount is $800,000

16 Payroll – Credit listings 500 per f/n Each $................... $.................

Weekly Creditors Payments

17 Creditors – EFT Payments 4,000 Each $................... $.................

18 Periodic maintenance fee Debits 12 Each $................... $.................

Direct Debits – not required

19 Included for recognition

purposes only.

Nil Each $................... $.................

Direct Deposits

20 Sundry deposit payments

directly to the Health Services

bank account

50 Each $................... $.................

Individual Funds Management

21 Periodic maintenance fee N/A Each $...................

22 Over limits fee N/A Each $...................

23 Same day transfer to other banks

(RTGS)

1 Each $...................

Daily Download of Bank Statements

24 Cost of providing bank

statements

260 Each $................... $.................

25 Rejected transactions 1 Each $...................

Overdraft Facilities

The overdraft limit presently required is $800,000 (Eight Hundred Thousand Dollars). This limit

may be varied at the discretion of the Health Service prior to the commencement date or during the

duration of contract.

Account offset is used against all credit funds.

26 Overdraft establishment fee $...................

Other Overdraft Facility Charges

Please specify all other overdraft facility charges (if any)

27 Unused Limit Fee Each %................... %.................

28 Line Fee Each %................... %.................

29 Each %................... %.................

Loan Facilities

No loan facilities are required

20

Item Description of Services Estimated

Transaction

Level Per

Annum

Unit Unit Price or

Percentage

Per Annum

(incl. GST)

Total Cost

Per Annum

Based on

Estimated

Transaction

Level (incl.

GST)

30 Corporate credit card charges 1

card

240 trans Per

card

$................... $.................

31 Annual per card fees

1 card

1 Per

card

$................... $.................

32 Bank audit certificates 12 Each $...................

Credit Cards/Eftpos

33 Monthly Rental of Eftpos

electronic terminals

3 terminals Each $................... $.................

34 Merchant service fees

Credit Card – Value up to $500k

3,000 Each $................... $.................

35 Merchant service fees

Debit card – Value up to $400k

3,000

Each ...................%

36 Credit card

Percentage of sales - Visa

...................%

37 Credit card

Percentage of sales – M/Card

...................%

Miscellaneous

38 Credit Interest Rate 6 Accounts Per

annum

%................... %.................

Internet Banking Services 1

39 Establishment

40 Monthly module costs

41 Transaction costs - reporting 10,000

Note: Estimated transaction levels per annum are indicative only and may vary.

21

3.3 Schedule C – Statement of Compliance

Portland District Health

Contract Description Supply of Banking Services

Contract No Banking Contract 2011

The Tenderer is to signify whether or not its tender conforms with the requirements of the Tender Invitation

Documents by striking out below * that which is not applicable.

This Tender * does conform with the Tender Invitation Documents.

* does not conform with this tender/invitation documents

Should the Tender be a Non-Conforming Tender, the tenderer must list below all areas of non-conformance

and the reason for non- conformance. The tender must also value each non-conformance so that, if the non-

conformance is acceptable to the Health Service, the tender prices or rates can be adjusted accordingly. If a

non-conformance is not valued and is unacceptable to the Health Service, the tender may not be further

considered.

Area of Non-Conformance Value of Non-Conformance

Signed______________________________________________________________

For and on behalf of __________________________________________________

(The Tenderer)

Date_______________________________________

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3.4 Schedule D – Receipt of Addenda

Portland District Health

Receipt of Addenda

Contract Description Supply of Banking Services

Contract No Banking Contract 2011

The Tenderer is to list below all addenda that it received during the tender period. The tenderer

acknowledges that the tender has been prepared having regard to these addenda.

Addenda No.

Brief Description

(eg. Specification page no, clause no, schedule no.)

Date

Received

This Tender has been prepared having regard to the addenda listed above.

Signed______________________________________________________________

For and on behalf of __________________________________________________

(The Tenderer)

Date_______________________________________

23

3.5 Schedule E – Statutory Declaration

Statutory Declaration For tender submissions to the Portland District Health

Contract Description Supply of Banking Services

Contract No Banking Contract 2011

I, __________________________________________________________________________________________

of __________________________________________________________________________________________

in the State of Victoria do solemnly and sincerely declare

THAT

1. I hold the position of ................................................. and am duly authorised by

........................................................ (“the Tenderer”) to make this declaration on its behalf.

2. Prior to the lodging of its Tender, neither the Tenderer nor any of its servants or agents had any knowledge of

the Tender Price or proposed Tender Price of any other Bidder nor has the Tenderer or any of its servants or

agents disclosed to any rival Bidder the Tenderer’s price.

3. Neither the Tenderer nor any of its servants or agents has entered into any contract, arrangement or

understanding to pay moneys or provide any other benefit or other financial advantage to any trade

association in respect of the Contract, apart from the normal amount (annual subscription, turnover or

contract fee) commonly imposed by that trade association.

4. Neither the Tenderer nor any of its servants or agents has entered into any contract, arrangement or

understanding that the successful Bidder for the Contract will pay any money to, or provide other benefit or

other financial advantage to any other Bidder who unsuccessfully tendered for the Contract.

5. The Tenderer submitted its Tender in good faith and has not deliberately set its Tender Price above the level of

rival Bidders.

6. As at the date of this declaration, the Tenderer intends to do the work set out in the Tender.

7. Neither the Tenderer nor any of its servants or agents has entered into any contract, arrangement or

understanding for the purpose or one of the purposes being that, in the event that it is successful in the tender,

it will pay to any unsuccessful Bidder any monies in respect of or in relation to the Tender or any contract

resulting therefrom.

8. It is understood that the PDH is not bound to accept the lowest or any Tender it may receive.

9. The Tenderer examined the Conditions of Tender and the Tender Documents prior to the submission of its

Tender.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provision

of an Act of the Parliament of Victoria rendering persons making a False Declaration punishable for wilful and

corrupt perjury.

DECLARED at in the )

)

State of Victoria this )

)

day of Two thousand )

)

and )

)

Before me

24

3.6 Schedule F – Company References

Company References Please provide the following information for the three (3) most recent and relevant

contracts completed by the company.

Contract 1 Contract 2 Contract 3

Contract

Description

Client

Contact Name

Phone No.

Value of work

Commencement

Date

Completion

Date

Signed______________________________________________________________

Name_______________________________________________________________

For and on behalf of __________________________________________________

(The Tenderer)

Date_____________________________________

25

3.7 Schedule G – Insurance and Indemnity Disclosure

Insurance and Indemnity Disclosure

This disclosure shall be completed by the Tenderer or the Tenderers authorised

representative: -

Provide details of current coverage:

Certificate

of

Currency

Enclosed

(Yes / No)

Policy Type

Name of Insurer

and Policy No.

Level of

Cover $

Expiry

Date

Public

Liability

Products

Liability

Professional

Indemnity

WorkCover Employer Registration Number ……………………………….

Name of Insurer ……………………………………………………………..

Expiry Date …… / …… / …………..

I declare that the above information is true and correct and that, if my Tender is accepted,

I will take out and maintain for the period of the Contract insurance and indemnity cover

to accord with specification requirements.

Signed______________________________________________________________

For and on behalf of __________________________________________________

(The Tenderer)

Date …… /…… /……….

If the Tenderer is successful the Tenderers Public Liability Policy

must be in the joint names of the Tenderer and the Health Service.

26

4 General Conditions

4.1 General

This Contract is to be made with the Portland District Health (PDH, or the Health Service)

and shall be interpreted in accordance with the law applicable in the State of Victoria.

4.2 Definitions

In this Contract unless the context or subject matter suggest otherwise,

“Contract” means an agreement between the Health Service and the successful Tenderer/s

which gives rise to legal rights and obligations. A binding contract between the Health

Service and the successful Tenderer/s will be created by the Health Service‟s unconditional

acceptance of the Tender.

“The Health Service”, and “PDH” mean the Portland District Health.

“Lump Sum” means the total sum payable by the Health Service to the Service Provider for

the provision of the goods, works or services nominated in the Tender Invitation

Documents.

“Schedule of Rates” means the respective rate or rates contained in the Tender that will

apply for the execution of the nominated services.

“Services” means all services which the Service Provider is required to provide in

accordance with its obligations under the Contract.

“Service Provider” means the Company or person/s selected by the Health Service to deliver

the Services.

“Specification” means the specification forming part of the Tender Invitation Documents.

“Supervising Officer” means the Supervising Officer as nominated in the Annexure for the

time being by the Health Service or any person duly authorised in writing by that officer to

act on his/her behalf.

“Tender” means a written proposal, submitted in response to the Tender Invitation

Documents, to provide goods, works or services to the Health Service.

“Tender Invitation Documents” means the Tender Form, Tender Schedule/s (if applicable),

Specification, General Conditions of Contract and accompanying documents.

4.3 Form of contract

The form of the Contract shall be as shown in the Annexure.

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4.4 Nature of contract

The Service Provider shall provide all necessary staff, materials, and pay all necessary fees,

costs and charges to perform the Services described in the Tender Documents and do so to

the reasonable standard and satisfaction of the Finance Manager at the Health Service in his

capacity as the Supervising Officer.

4.5 The Supervising Officer

The functions, rights and powers conferred by this Contract upon the Health Service shall be

exercised by the Supervising Officer or his representative. The Service Provider shall in no

circumstances question the existence or extent of the authority of any person authorised, in

writing, by the Supervising Officer to act on his/her behalf and the duties, discretions and

authorities so delegated. The name of the Supervising Officer is shown in the Annexure.

4.6 Variations

Any amendment or variation to this Contract must be:

consistent with the scope and character of the Contract,

in writing and approved by the Supervising Officer prior to implementation,

valued in accordance with relevant rates or prices contained in the Contract or

valued using any other method mutually approved by the Supervising Officer and

the Service Provider.

The written consent of the Supervising Officer must be obtained before the Service Provider

commences work or activity which the Service Provider believes is outside the scope of the

Contract. The Health Service will, under no circumstances recognise or be under any

obligation to recognise any claim for a variation if the prior written consent of the

Supervising Officer was not obtained before any work claimed to be outside the scope of the

contract is commenced.

4.7 Commencement date

The successful Tenderer will be required to commence operations on the date specified in

the Annexure or on any other date as may be agreed.

4.8 Payments

If the Service Provider complies with its obligations under this Contract it shall be entitled

to receive all moneys due and payable in accordance with the terms stated in the Annexure.

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4.9 Contract term

The Contract term shall be the Initial Contract Term, as stated in the Annexure, and any

period for which the operation of the Contract is extended under this clause. The Health

Service may, at its sole discretion, extend the operation of this Contract beyond the Initial

Contract Term providing notice is given to the service provider in accordance with the

notice provisions nominated in the Annexure.

The rights and obligations of the parties under clauses 12, 13, 15, 19, 21, 22, 23, 24 and 25

shall survive the termination or expiry of this contract.

4.10 Statutory Requirements

The Service Provider shall comply with and ensure that all its employees, subcontractors or

agents comply with the requirements and obligations of,: -

(a) the Equal Opportunity Act 1995 and Disability Discrimination Act 1992

(b) the Occupational Health & Safety Act 1985 and associated regulations

(c) The Information Privacy Act 2000 and the Health Records Act 2001

(d) all other relevant Acts, regulations, local laws or by-laws;

(e) The Health Service Policies and Procedures on Occupational Health & Safety, Equal

Opportunity and Harassment, which are in any way applicable to the performance of the

Services specified in this Contract.

4.11 Good and Services Tax (GST)

In this clause:

“GST” means a Goods and Services Tax authorised by “A New Tax System (Goods And

Services) Act 1999” or otherwise;

“Tax Invoice” and Taxable Supply have the meaning set out in “A New Tax System

(Goods and Services) Act 1999.”

The services nominated in this contract constitute a taxable supply. The contract sum/s

agreed between the parties shall be considered to be GST inclusive. Claims for payment

arising from this contract shall be rendered in the form of Tax Invoices.

Each party to the Contract warrants that at the Commencement Date it will be registered for

GST and will remain registered throughout the period of the Contract.

29

4.12 Insurance and indemnity

The Service Provider shall indemnify the Health Service, keep indemnified and hold

harmless the Health Service, and its directors and staff, from and against all actions, claims,

losses, damages, penalties, demands or costs (including, without limitation, all indirect

losses, consequential losses and legal costs on a full indemnity basis) consequent upon,

occasioned by or arising from its performance or purported performance (including

compliance with legislation) of its obligations under this Contract, including, without

limitation, any acts or omissions of the Service Provider‟s subcontractors, agents and

employees.

The Service Provider must, at its own cost, take out and keep current during the Contract

term:-

a) A Public Liability Policy of Insurance of a sum not less than the amount stated in the

Annexure.

b) A Professional Indemnity policy of insurance of a sum not less than the amount

stated in the Annexure.

c) A WorkCover Policy of Insurance issued under and in accordance with the Accident

Compensation (WorkCover Insurance) Act 1993.

The Public Liability Policy shall be in the joint names of the Service Provider and the Health

Service. It shall take effect from the date of commencement and be maintained until the

service provider fully discharges its obligations or ceases to be responsible for the care of

anything under the contract. The Policy shall include cover for liability to third parties in

any way arising out of the provision of works or services by the Service Provider and

contain a cross liability clause to provide cover for the liability of all parties comprising the

insured as if separate policies of insurance had been issued to each of them and, except with

the consent of the Supervising Officer, contain a waiver of subrogation clause.

Certificates of Currency for all insurances required must be provided within 5 days of a

written request by the Health Service and complete copies of policies provided upon

demand.

The Health Service shall review all insurance and indemnity arrangements annually to

ensure that the policy sums remain adequate. Evidence of continued cover, in the form of

Certificates of Currency shall be produced on request.

If the Service Provider fails to comply with the provisions of this clause the Supervising

Officer may immediately terminate the Contract without reference to the notice provisions

contained in clause 14 and 15 of these General Conditions of Contract.

30

4.13 Health and Safety

The Health Service is obliged to provide and maintain, so far as is practicable, a working

environment for its employees and members of the public that is safe and without risk to

health.

The Contractor must itself, and must ensure that any sub-contractors of the Contractor, at all

times identify and take all necessary precautions for the health and safety of all persons,

including the Contractor‟s employees and sub-contractors, staff of The Health Service and

members of the public, who may be affected by the performance of the Services.

The Contractor must inform itself of all OH&S policies, procedures or measures

implemented or adopted by The Health Service. The Contractor must comply with all such

policies, procedures or measures.

The Contractor must immediately comply with any and all directions by the Supervisor

relating to OH&S.

The Contractor must comply with; and ensure that its employees, sub-contractors and agents

comply with any Acts, regulations, local laws, codes of practice and Australian Standards

which are in any way applicable to OH&S and the performance of the Services.

4.14 Notices

A notice required or permitted to be given by one party to another under this contract must

be in writing, addressed to the other party and be

handed to that party or his representative or,

delivered to that party‟s address or,

posted by prepaid mail to that party‟s address or,

sent by facsimile to that party‟s facsimile number.

sent by E-mail

4.15 Default and termination

Should the Service Provider default in the performance, satisfactory completion or

observance of any obligation under this Contract, the Supervising Officer will be entitled to

give written notice to the Service Provider to show cause why the Health Service‟s rights

under this clause should not be exercised.

Such notice must:

not be unreasonably given;

state that it is a notice under this clause; and

specify the default on the part of the Service Provider upon which it is based.

If, within ten (10) days after the issue of the notice, the Service Provider fails to rectify the

default or fails to show, to the satisfaction of the Supervising Officer, that the default will be

rectified and this contract satisfactorily completed in accordance with its terms, the Health

Service, or the Supervising Officer (without prejudice to any other rights available to it) may

31

suspend payment under the Contract; or

terminate the Contract.

Should the Contract be terminated the Service Provider shall only be entitled to receive

Contract payments in respect of services which have been performed to the satisfaction of

the Supervising Officer.

4.16 Insolvency of Service Provider

If the Service Provider

becomes bankrupt; or

is unable to demonstrate, to the Health Service‟s satisfaction, that it possesses the

financial viability to continue to perform its obligations under the Contract

The Health Service or the Supervising Officer acting on its behalf, may terminate the

Contract immediately without reference to Clause 14 or 15.

4.17 Assignment and sub-contracting

The Contract shall not be assigned or sub-contracted in whole or in part without the prior

written consent of the Supervising Officer.

4.18 Rise and fall

The Contract price shall be fixed for the term of the Contract unless indicated to the contrary

in the Annexure.

4.19 Conflict of interest

The Service Provider warrants that no conflict of interest exists or, to the best of its

knowledge, is likely to exist between the performance of its obligations under this contract

and the performance of any other obligations (whether contractual or not).

If such a conflict of interest arises between the performance of it‟s obligations under this

contract and any other obligations, the Service Provider agrees to immediately give notice

and the details of such conflict to the Supervising Officer.

4.20 Dispute resolution

Notice of a dispute or difference between the Health Service and the Service Provider

arising out of this Contract shall be in writing and shall describe the precise details of the

dispute or difference.

32

Should the Health Service and the Service Provider fail to resolve the dispute or difference

to their mutual satisfaction within 14 days following the receipt of the notice, either party

shall be entitled to pursue resolution of the matter by arbitration and/or legal proceedings.

4.21 Intellectual Property

Title to all intellectual property in any document or computer software created by the

Service Provider in the course of performing the Services shall vest in the Health Service

unless otherwise agreed in writing prior to the commencement of the contract.

4.22 Confidentiality

The Service Provider, it‟s employees or agents shall not disclose any information or release

any documents of a confidential nature belonging to the Health Service, without the prior

consent of the Supervising Officer.

The Health Service, its employees or agents shall not disclose any information or release any

documents of a confidential nature belonging to the Service Provider without the prior

consent of the Service Provider.

4.23 Information privacy

The Service Provider must, in respect of Personal Information held in connection with this

contract, comply with the Information Privacy Principles, as defined under the Information

Privacy Act 2000 and the Privacy Principles as defined under relevant act, with respect to

any act done, or practice engaged in, by the Service Provider, its employees and agents

including, without limitation:

using personal information only for the purposes of fulfilling the Service

Provider‟s obligations under this Contract; and

not disclosing Personal Information without the Supervising Officer‟s written

authority except for the purpose of fulfilling the Service Provider‟s obligations

under this Contract

The Service Provider must immediately notify the Supervising Officer where it becomes

aware of a breach of this clause.

4.24 Use of the Health Services name or logo

The Service Provider shall not use a PDH Service Mark without the written permission of

the Supervising Officer.

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4.25 The media

The Service Provider, its employees, agents or sub-contractors must not make any statement

to the media on behalf of the Health Service or in relation to the performance of the

Services. All media enquiries or any event arising in the course of performing the Services

that receives media attention must be referred to the Supervising officer.

34

5 Annexure

The information detailed below shall be read as part of the Contract:

FORM OF CONTRACT

(Clause 3)

Schedule of Rates

SUPERVISING OFFICER

(Clause 5)

Mr. David Rae, Finance Manager

COMMENCEMENT DATE

(Clause 7)

1 July 2011

PAYMENTS

(Clause 8)

As nominated by service provider and agreed by

supervising officer

CONTRACT TERM

(Clause 9)

(a) Initial Term

(b) Optional Term

(c) Minimum notice period to extend Initial Term

3 years

Two (2) 12 month periods

Three months

PUBLIC LIABILITY AND INDEMNITY

(Clause 12)

(a) Public Liability Sum

(b) Professional Indemnity Sum

Twenty Million Dollars ($20,000,000)

Ten Million Dollars ($10,000,000)

RISE AND FALL

(Clause 18)

Not Applicable

PERFORMANCE SECURITY

Not Applicable