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HomeMy WebLinkAboutGovernment Payment Service©2010. 20 4 Government Payment Service. Inc. IN- Cannel City Department of Community Services 4if PARTICIPATION AGREEMENT Participant: Carmel City Department of Community Services One Civic Square Cannel, IN 46032 Main Voice Phone: (317) 571 -2417 Government Payment Service, Inc. ( "GPS ") 7102 Lakeview Parkway West Drive Indianapolis, Indiana 46268 Phone: (866) 564 -0169 Facsimile: (888) 6654755 Email: accountservices@govpaynet.com 1. Servic Is. The above Participant authorizes GPS to act on its behalf in processing credit, debit, and prepaid debit card transactions through the Visa, MasterCard. Discover, and American Express payment systems for the payment types specified in this Participation Agreement ( "Agreement "). GPS shall provide Participant with training, documentation, and electronic, and telephonic support at GPS' expense. GPS shall cause funds to be forwarded electronically to such account as Participant designates within two banking days after transaction authorization or by mailed check if Participant so indicates. 2. Termland Termination. This Agreement shall become effective upon the date of the latter signature to this A1grecment and shall continue for one year. This Agreement may be terminated (i) by Participant at any time with or without cause upon 30 days written notice to GPS: (ii) by GPS upon 30 days' written notice to Participant prior to any renewal term; or (iii) by either party immediately upon notice to the other party of such othcr party's material breach of this Agreement. subject to a reasonable opportunity to cure such breach. 3. Fees. services. GPS shall not charge Participant for GPS shall collect all service fees from cardholders as its sole compensation. All service fees are non - refundable. GPS may modify service fees at its sole option. providing Participant with 30 days' advance written notice. Service fees are as described in Attachment "A" to this Agreement. 4. Char1ebacks. Participant shall have no liability for chaigebacks. GPS shall be responsible for handling} all transaction disputes associated with cardholders' use of cards to make payments to Participant through GPS, for asserting any challenges to chargeback claims, and for any resulting chargeback liability. All payments will be considered no longer subject to chargeback 12 months after their authorization date. 5. Warranties. Each party warrants that this Agreement is valid, binding. and enforceable against such party in accordance with its terms and that each party has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. GPS further warrants that during the performance of this Agreement, GPS (i) shall provide services in a non - discriminatory manner and shall not deny services or employment on the basis of race, creed, color, national origin, sex, age, disability, sexual orientation. military status, marital status or any other legally protected class; (ii) will comply with all applicable laws and regulations and the rules and procedures applicable to the credit and debit card brands it accepts and processes; and (iii) in accordance with PCI DSS v3.0, requirement 12.9. will maintain proper security and responsibility for cardholder data while it is in GPS's possession. all at GPS' sole cost. 6. Indemnification and Disclaimers. GPS shall indemnify and save harmless Participant, its agents, officers, and employees from responsibility or liability for all damages. costs, expenses, (including reasonable attorney fees and defense costs) relating to death or bodily injury or damages to physical property directly resulting from GPS' performance under this Agreement. CPS ACCEPTS NO RESPONSIBILITY FOR SECURITY OF CARDHOLDERR DATA ON SYSTEMS OTHER THAN THOSE CONTROLLED BY CPS. GPS LIABILITY WITH RESPECT TO PAYMENTS PROCESSED HEREUNDER LS LIMITED TO MAKING PAYMENTS IN THE AMOUNTS AUTHORIZED. CPS 1S NOT A SURETY AND PROCESSING A PAYMENT TI (ROUGH CPS DOES NOT GUARANIF,E ANY PARTICULAR OUTCOME INCLUDING, BUT NOT LIMITED TO, A DEFENDANTS COURT APPEARANCE OR FULL SATISFACTION OF A FINANCIAL OBLIGATION. OTHER THAN WARRANIIES EXPLICITLY MADE IN THIS AGREEMENT, CPS DISCLAIMS ALL WARRAN'I TES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PARTY SHALL. BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES EVEN W ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPANT BEARS RESPONSIBILITY FOR ANY ADMINISTRATIVE ACTIONS IT MAY TAKE IN CONNECTION WITH SERVICES PROVIDED UNDER THIS AGREEMENT. GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 20I4SEP IS Page 1 of 7 (GPS PA. REV2014AUG 17) C2010. 20 4 Government Payment Service, Inc. 7. Independent Contractor. GPS shall provide all services to Participant as an independent contractor. Nothing contained herein shall be deemed to create any association, partnership, joint venture, or relationship of master and servant or employer and employee between the parties or to provide either party with the right, power. or authority, expressed or implied. to create any such duty or obligation on behalf of the other party. 8. Taxes. GPS shall be responsible for the payment of all taxes legally imposed upon its services. 9. Notices. All notices permitted or required by this Agreement shall be in writing and given to the respective parties in person. by first class mail, by recognized private courier, or by facsimile (with a hard copy following) directed to the address first stated in his Agreement or to such other person or place that the parties may from time to time designate (if to GovPayNet. note "Attention: Account Services "). Notices and consents under this section shall be deemed to be received, if sent by mail or courier, fve days following their deposit in the U.S. Mail or with such courier or, if sent by facsimile, when such facsimile is transmitted to the number the intended recipient provides and sender receives a confirma ion that such facsimile was transmitted. 9.1. FOR PURPOSES OF SERVICE CHANCES: Participant is responsible for advising GPS as to the types oftpayments GPS is authorized to accept on Participant's behalf (per the fees in Attachment "A ") and the type of service and equipment modes that will apply to each payment type. Participant may at any time'(i) authorize GPS to accept additional types of payments. (ii) cancel the processing through GPS of any types of payments, (iii) modify the service or equipment modes (from among Internet, telephone, Internet and telephone. Gov$wipe1o, etc.), (iv) modify the account(s) to which GPS shall direct payments to Participant, or, if Participant is a government entity and using appropriate means, (v) add other agencics, departments or sub - agencies ( "Affiliated Agencies ") to, or delete Affiliated Agencies from Participant's use of any GPS services and equipment by specifying all such changes to GPS in writing. Any such changes will be subject to GPS acknowledgment and acceptance in writing. For purposes of this subsection only, "in writing" shall mean via letter, facsimil, or email (if to GovPayNet, to accountservices @govpaynet. com). 10. Gov$wipe. GPS will provide Participants who select Gov$wipe with card readers and peripheral equipment (cables, etc.), which are and will remain the property of GPS. Participant understands that GPS card readers are embedded with proprietary IN- Carmel City Department of Community Services, 2014Sep18 technology ( "Firmware "). GPS grants Participant a license to use such card readers and Firmware for the duration of the Agreement. Participant's use of card readers and Firmware shall be limited to the purposes of this Agreement. Acceptance and use of card readers does not convey to Participant any title. patent, copyright or other proprietary right in or to the Firmware. At all times, GPS or its suppliers retain all rights to the Firmware, including but not limited to updates, enhancements, and additions. Participant shall not attempt to access or disclose the Firmware to any party, or transfer, copy, license, sub - license, modify, translate, reverse engineer, decompile, disassemble, tamper with. or create any derivative work based on Firmware. Participant will use reasonable care to protect card readers from loss, theft, damage or any legal encumbrance. GPS shall provide card readers and installation instructions at service implementation and when providing any replacement or additional card readers by shipment to a location Participant designates or, at GPS's option, Participant will allow GPS and its designated representatives reasonable access to Participant's premises for training purposes and device installation, repair. removal, modification, upgrades, and relocation. Card readers for use with Gov$wipe are designed to communicate cardholder data to GPS through Participant's computing equipment to which they are cable- attached via USB port. Internet access to GPS is required for transaction processing via Gov$wipe and is enabled solely by Participant's computers and networks. Participant is responsible to use standard safeguards and practices to keep its computers and networks secure and free from malicious software or hardware. GPS shall not be held liable to Participant for exposure of Participant's computers or networks to malicious software or hardware of any kind. GPS is solely responsible for the maintenance of any card readers and shall supply Participant with replacement card readers on Participant's request and as GPS deems appropriate. Upon termination of the Agreement, GPS may require Participant to retum card readers at GPS's expense and by such method as GPS specifies. 11. Miscellaneous. There are no third -party beneficiaries to this Agreement. This Agreement may not be assigned, in whole or in part, by either party hereto without prior written consent of the other party, which consent shall not be unreasonably withheld. Either party is excused from performance and shall not be liable for any delay in performance or non - performance, in whole or in part, caused by the occurrence of any contingency beyond the control of the non - performing party including. but not limited to, work stoppages, fires, civil disobedience, GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP18 (GPS PA. REV2014AUGI7) Page 2 of7 ©2010. 20 4 Government Payment Service, Inc. 1N- Carmel City Department of Community Services. 2014Scp18 riots. rebellions, terrorism, loss of power or telecommunications, flood, storm. Acts of God, and similar occurrences. This Agreement shall be governed by the internal laws of the state of Indiana. A waiveriof any portion of this Agreement shall not be deemed a waiver or renunciation of other portions. Rights and obligations under this Agreement which by thcir nature should survive will remain in effect after termination or expiration hereof. In the event that any provision of this Agreement is adjudicated by any edurt of competent jurisdiction to be invalid, illegal, vid, or unenforceable, all other provisions of this Agreement shall remain in full force and effect. 12. Completeness and Execution. This Agreement is the entire agreement between the parties and CITY OF CARMEL, INDIANA DEPARTMENT OF COMMUNITY SERVICES (` Participant ") By and through its Board of Public Works and Safety 02014 Approved and Adopted this 1 day of D BY: James Brainard, Presiding Officer Date: 1 j 0 I I I 1 `_. I deal caaa AV 1 Mary Ann ' urke, Member Date: _)z9 — / -/5/ LoriLo i S n, Member Date: 1 lt,�/. ATTEST: Tana Cordray, IMC . Clerk - Treasurer Date: expresses the complete understanding of the parties, superseding all prior or contemporaneous agreements with regard to the subject matter herein. This Agreement may not be altered, amended or modified except in a writing incorporated hereto and signed by the parties, provided, however, that GPS may revise the terms of this Agreement if required to comply with law, regulation, or card industry rules and GPS provides prompt notice to Participant of such change(s). This Agreement may be executed simultaneously in multiple counterparts, each of which is deemed an original, but all of which taken together constitute one and the same instrument. All signed fax or .pdf counterparts to this Agreement shall be deemed as valid as originals. GOVERNMENT PAYMENT SERVICE, INC. Mark E. MacKenzie President & Chief Executive Officer Date: Pear GOVPAYNET The Simple Way To Pay Sandra M Johnson Deputy Clerk For GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEPI8 (GPS PA, RE12014AUG17) Page 3 of 7 ©2010. 20 4 Government Payment Service, Inc. IN- Carmel City Department of Community Services, 2014Scp18 ATTACHMENT "A" - SERVICE FEES GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEPIS All Service Fees Are Non - refundable GOVPAYNET The Simple Way To Pay GPS Agree. No .IN- CARIv1ELCITYDEPTOFCOMMSVCS. 2014SEP18 Page 4 of 7 (GPS PA, RI V2014AUG17) Service Fee Schedule for Administrative & Civil Payments #1 Payments Made via Internet (Web/Gov$wipe®) Service Fee Schedule #110 Telephone- Assisted Payments (Call Center /Live Agent) Service Fee Schedule #111 Transaction Range Service Fee Amount Transaction Range Service Fee Amount $0.01 > $50.00 $1.50 $0.01 > $50.00 $5.50 40.01 > $75.00 $1.75 $50.01 > $75.00 $5.75 $75.01 > $100.00 $3.00 $75.01 > $100.00 $7.00 1 $100.01 > $150.00 1 $5.00 $100.01 > $150.00 $9.00 1 $150.01 > $200.00 $7.00 $150.01 > $200.00 $11.00 For each additional increment of $50.00, or portion thereof, add $1.75. For each additional increment of $50.00, or portion thereof, add $1.75. All Service Fees Are Non - refundable GOVPAYNET The Simple Way To Pay GPS Agree. No .IN- CARIv1ELCITYDEPTOFCOMMSVCS. 2014SEP18 Page 4 of 7 (GPS PA, RI V2014AUG17) C2010, 2014 Government Payment Service, Inc. IN- Carmel City Department of Community Services, 2014Sep18 ATTACHMENT "B" GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP18 COMPLIANCE WITH E- VERIFY PROGRAM Pursuant to I.C. 22- 5 -1.7, GPS shall enroll in and verify the work eligibility status of all newly hired employees of GPS through the E -Verify program ( "Program "). GPS is not required to verify the work eligibility status of all newly hired employees through the Program if the Program no longer exists. GPS and its subcontractors shall not knowingly employ or contract with an unauthorized alien or retain an employee or contract with a person that GPS, or its subcontractors, subsequently leams is an unauthorized alien. If GPS violates this Section, Participant shall require GPS to remedy thc violation not later than thirty (30) days after Participant notifies GPS. If GPS fails to remedy the violation within the thirty (30) day period, Participant shall terminate the contract for breach of contract. If Participant terminates the contract, GPS shall, in addition to any other contractual remedies, be liable to Participant for actual damages. There is a rebuttable presumption that GPS did not knowingly employ an unauthorized alien if GPS verified the work eligibility status of the employee through the Program. f GPS employs or contracts with an unauthorized alien but Participant determines that terminating the contract would be detrimental to the public interest or public property, Participant may allow the contract to remain in effect until Participant procures a new contractor. GPS shall, prior to performing any work, require each subcontractor to certify to GPS that the subcontractor does not knowingly employ or contract with an unauthorized alien and has enrolled in the Program. Contractor shall maintain on file a certification from each subcontractor throughout thc duration of the Project. If GPS determines that a subcontractor is in violation of this Section, GPS may terminate its contract with the subcontractor for such violation. Such termination may not be considered a breach of contract for GPS or the subcontractor." GovPAYNET LS51 The Simple Way To Pay GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP18 (GPS PA. IEV2014AUGI7) Page 5 of 7 092010, 2014 Government Payment Service, Inc. IN- Carmel City Department of Community Services, 2014Sep18 ATTACHMENT "C" GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP18 LEGAL EMPLOYMENT DECLARATION (E- VERIFY PROGRAM) The State of Indiana has enacted a law (I.C. 22- 5 -1.7) requiring all state agencies and political subdivis ons request verification from their contractors that their employees are legally eligible to work in the United States. This Declaration serves as notice that all Contractors doing busincss with the Carmel City Department of Community Services must, as a term of their contract: Enroll in and verify the work eligibility status of newly hired employees of the contractor through the E- Verify programs (but is not required to do this if the E -Verify program no longer exists); and Verify, by signature below, that the Contractor does not knowingly employ unauthorized aliens. , Mark MacKenzie, a duly authorized agent of Government Payment Service, Inc., declare under penalties of perjury Government Payment Service, Inc. does not employ unauthorized aliens to the best of its knowledge and belief. The undersigned agent further affirms that it will enroll in and agree to verify the work eligibility status of all its newly hircd employees through the E- Verify Program. GOVi ENT PAYMENT SERVICE, INC. By: ^'�? �6 i'`t Mark MacKenzie, Chief Executive Officer Date: rthIGOVPAYNET. The Simple Way To Pay 9,42s/)y GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP18 Page 6 of 7 (CPS PA. REV2U1 JAUGI7) 02010, 20 4 Government Payment Service, Inc. IN- Carmel City Department of Community Services. 2014Sepl8 ATTACHMENT "D" GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP18 Additional Contract Clause Attachment No Investment in Iran. As required by IC 5 -22- 16.5 -13, the Contractor hereby certifies that the Contrac or is not engaged in investment activities in Iran. Government Payment Service, Inc. Signed: Printed Name: ei/Aelia-.I /C et— eft) Title: Date: 9/211/V ttt GOVPAYNET to The Simple Way To Pay CITY OF CARMEL, INDIANA DEPARTMENT OF COMMUNITY SERVICES ( "Participant By and through its Board of Public Works and Signed:4.t I PrintedName: err-CS Z(et- tl�i.✓Cl Title: Date: GPS Agree. No. IN- CARMELCITYDEPTOFCOMMSVCS, 2014SEP 18 Page 7 of 7 (GPS PA. REV2014AUG17)