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HomeMy WebLinkAboutGovt Pay/Police/payment processing©2010, 2014 Government Payment Service, Inc. 1N- Carmel Police Department, 2015Jan29 PARTICIPATION AGREEMENT Participant: CiTY OF CARMEL,'LNDIANA ( "Participant's) By and through its Board of Public Works and Safety for the Carmel. Police Department 3 Civic Square Carmel, IN 46032 Main Voice Phone: (317) 571-2534 Government Payment Service, Inc. ("GPS") 7102 Lakeview Parkway West Drive Indianapolis, Indiana 46268 Phone: (866) 564 -0169 Facsimile: (888) 665. -4755 Email: accountservices @govpaynet.com 1. Services. 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. Term and Tet minatiom This Agreement shall become effective upon the date of the latter signature to this Agreement 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 im mc.diately upon notice Lo the other party of such other party's material breach of this Agreement, subject to a reasonable opportunity to cure such breach. 3 Fees. GPS shall not charge Participant for services. 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 Attacluuent "A " "to this Agreement. 4. Chargebacks. Participant shall have no liability for chargebacks. GPS shall be responsible for handling all transaction disputes associated with cardholders' use of cards to stake payments to Participant through GPS, for asserting any challenges to chargeback Vclaims, 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 perforrm 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 PC1 DSS v3.0, requirement 12.9, will maintain proper security and responsibility for cardholder data while it is in G.PS's possession, all at GPS' sole cost. 5.1. iF PARTICIPANT iS A BAIL BONDStMAN: Participant is duly licensed to provide its services in the jurisdiction(s) in which it operates and shall take all necessary actions to keep such license(s) current and in full force and effect. Participant, upon GPS request, shall provide GPS with current copies of such license(s). Participant shall only use GPS services for the collection of customer fees payable to Participant, not for the posting of cash sureties. 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. GPS ACCEPTS NO RESPONSIBILITY FOR SECURITY OF CARDHOLDERR DATA ON SYSTEMS OTHER THAN THOSE CONTROLLED BY GPS. GPS LIABILITY WITH. RESPECT TO. PAYMENTS PROCESSED HEREUNDER IS LIMITED TO GPS Agree. No. IN- CARMELPOLiCEDEPT, 20] 5JAN29 Page 1 of 8 (GPS PA..REV20/JRUGl7) C2010, 2014 Government Payment Service, Inc. MAKING PAYMENTS IN THE AMOUNTS AUTHORIZED. GPS IS NOT A SURETY AND PROCESSING A PAYMENT THROUGH GPS DOES NOT GUARANTEE ANY PARTICULAR OUTCOME INCLUDING, BuT NOT LIMITED TO, A DEF'ENDANT'S COURT APPEARANCE OR FULL SATISFACTION OF A FINANCIAL OBLIGATION. OTHER THAN WARRANTIES EXPLICITLY. MADE IN THIS AGREEIVMENT, GPS DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR iMPLIED. NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES EVEN IF 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. 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 011 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 this 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, five 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 confirmation that such facsimile was transmitted. 9.1. FOR PURPOSES OF SERVICE CHANCES: Participant is responsible for advising GPS as to the types of payments 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 GPSAgree. No. IN- CARMELPO.UCEDEPT, 2015JAN29 (GC• PA, 217 :172014,41' IN- Carmel Police Department, 2015Jan29 any time (1) 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, Gvy, wipe®, 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 agencies, 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, facsimile; or email (if to GovPayNet, to accountservices @govpaynet:com). 10. Gov$w"ipe. GPS will provide Participants who select GovSwipe 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 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 GovSwipe are designed to communicate cardholder data to GPS through Participant.'s computing equipment to which they arc cable- attached via US13, port. Internet access to GPS is required for transaction processing via GovSwipe Page2of8 02010, 2014 Government Payment Service, inc. IN- Carmel Police Department, 2015Jan29 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. GAS shall not be held liable to Participant -for exposure of Participant's corimputers or networks to malicious software or hardware of any fund. 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 return 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, riots, rebellions, terrorism, loss of power or telecommunications, flood, storm, Acts of God, and similar occurrences. This Agreement shall be CiTY OF CARMEL, INDIANA ( "Participant ") By and through its Board of Public Works and Safety Approved and Adopted this day of , 2015 BY: Janes Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: governed by the internal laws of the state of Indiana. A waiver of any portion of this Agreement shall not be deemed a waiver or renunciation of other portions. Rights and obligations under this Agreement which by their 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 court of competent jurisdiction to be invalid, illegal, void, 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 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. (signature) Mark E. MacKenzie President & Chief Executive Officer Date //e29 fir G0vPAYNET h.:. Sni' Way Tot a GPS Agree. No. 1N- CARMELPOI..ICEDEPT. 2015JAN29 Page 3 of 8 (GI'SJ'A, 12EV2014AUGl7) .c02010, 2014 Government Payment Service, Inc. IN- Carmel Police Department. 2015.1an29 ATTEST: Diana.Cordray. IMCA, Clerk - Treasurer Date: (signature) (Remainder of page intentionally left blank) GP.S Agree. No.'IN- CARMELPOLICEDGPT. 2015JAN29 Page 4 of 8 (,E'sr.i, irr:V26 4.44(Xr7) ©2010.2014 Government Payment Service, Inc. IN-Carmel Police Department, 20 I5Jan29 ATTACHMENT "A" — SERVICE FEES GPS Agree. No. IN-CARNIELPOLICEDEPT, 2015JAN29 Service Fee checlule for Administrative8t. Civil Payments #1 _ _ ,Payments Made via Internet ' (WeblGov$wipe , Service Fee Schedule #110 e Telephone-Assisted Payments (Call Center/Live Agent) , Service Fee Schedule #114 Transaction Range Service Fee Amount Transaction Range Service Fee Amount $0.01 > $50.00 $1.50 $0.01 > $50.00 $5.50 $5001 > $75.00 $1.75 $50.01 > $75.00 $5.75 $75.01 > $100.00 $3.00 $7501 > $100.00 $7.00 $100.01 > $150.00 $5.00 $100.01 > $150.00 $9.00 $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 ugai - - Vi.sy lip Pay GPS Agree. No. 1N-CARMELPOLICEDEPT, 2015JAN29 Page 5 of 8 PA, REV201:14 ,r/ 02010, 2014 Government Payment Service, Inc. 1N- Carmel Police Department. 2015Jan29 ATTACHMENT `B" GPS Agree. No. IN- CARIVIELPOLICEDEPT, 201.5JAN29 COMPLIANCE WITH E- VERIFY PROGRAM Pursuant to 1.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 learns is an unauthorized alien. 1f GPS violates this Section, Participant shall require GPS to remedy the 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. If 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, priorr 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 the duration of the Project. It 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." GPS Aerec..No. IN- CARMELPOLICED:GP`I, 2015JAN29 Page 6 of 8 (CipS 1), RE 1,20)- iaf;r.17) 02010, 2014 Government Payment Service, Inc. IN- Carmel Police Deparunent, 2015.1an29 ATTACHMENT "C" CPS Agree. No: IN- CA,RMELPOLICEDEPT, 2015IAN29 LEGAL EMPLOYMENT DECLARATION (E- VERIFY PROGRAM) The State of Indiana has enacted a law (1•.C. 22- 5 -1.7) requiring all state agencies and political subdivisions.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 business with the CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety. Carmel .Pblice Department must, as a"term of their contract: Enroll in arid verily the work eligibility status of newly hired employees orthe contractor through the E- Verify programs (but is not required to do this if the E- Verify program no longer exists); and 2. Verify, by signature below, that the Contractor does not knowingly employ unauthorized aliens. 1, MarklVlacKenzie, 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 hired employees through the E- Verify Program. GOVER ;'MENT PAYMENT SERVICE, INC. Mark MacKenzie. Chief Executive Officer Date. /4 9 r (IPS :Agree` No. IN- CARMELPOLICEDEPT, 2015JAN29 Page 7 of 8 «P. PA. REV201-IA11C17) ©2010, 2014 Government Payment Service. Inc. IN- Carmel Police Department, 2015Jan29 ATTACHMENT "D" GPS Agree. No. IN- CARMELPOLICEDEPT, 2015JAN29 Additional Contract Clause Attachment No Investment in Iran. As required by IC 5 -22- 16.5 -13, the Contractor hereby certifies that the Contractor is not engaged in investment activities in Iran. Government ayment Service, Inc. Signed: Mark E. MacKenzie CEO Date: VPAY Simple W'ay CITY OF'CARMEL, INDIANA ( "Participant") By and through its Board of Public Works &Safety Printed Name: Title: Date: oA his GPS Agree; No. IN- CARMELPOLICEDEI'T.2015JAN29 Page 8 of 8 (GPS PA, REV2QI1.aUG17) Board of Public Works and Safety: ayor —J.mes Brainard Member— ary Ann Burke Member— Lori Attest: tso n D. na L Cordray, C - - Treasurer Date v2.1/ 3/i S Date