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Home My WebLink AboutGovernment Payment Service, Inc./Court APPROVED, AS TO FORM 8Y:~ AGREEMENT Agreement Number IN031907CARMELCITYCOURTOl THIS AGREEMENT is made by and between the CARMEL CITY COURT (Hereinafter THE AGENCY) and GOVERNMENT PAYMENT SERVICE, INC. (HereinafterGPS) Wherein GPS and THE AGENCY agree as follows: 1. SYSTEM DESCRIPTIONS. GPS has developed a. Service for the purpose of processing payments by credit or debit card for Fines & Costs for THE AGENCY. GPS is a cash facilitator. The Fines & Costs received by THE AGENCY is money belonging to the Cardholder and is not GPS's money. The GPS System will provide the service from a remote location 24 hours per day/seven days per week. The person wanting to pay Fines & Costs to THE AGENCY by credit or debit card may do so by calling GPS for instructions or by accessing the . GPS website. GPS will charge the Payee a fee for the Service as outlined in Attachment "An attached hereto and made a part hereof. GPS agrees to provide the Service described herein in accordance with the terms and conditions of this Agreement. 2. AUTHORIZATION TO BEGIN. . THE AGENCY grants GPS authorization to begin a remote pay service, as outlined in this Agreement for a period of one (I) year. 3. ADVERTISEMENT OF THE SERVICE. THE AGENCY agrees to post information regarding the GPS payment option in all locations where information about other payment options are available, including but not limited to THE AGENCY'S website, phone system, bills, coupon books, collection letters, and press releases at the expense of THE AGENCY. GPS will provide to THE AGENCY inserts and signage at no cost. THE AGENCY also agrees to allow GPS to place signage ofreasonable size and character at the location describing the service, subject to approval by THE AGENCY, which approval shall not be unreasonably held. 4. REPRESENTATION OF THE PARTIES. GPS represents that it is qualified by training and experience to perform the Services as outlined in this Agreement. 5. COMPENSATION FOR GPS. GPS shall not be entitled to any compensation with respect to the Service other.than that set forth in Attachment "A'.' which is paid by the Payee and not THE AGENCY. It is hereby agreed and understood that there are no Fees paid by THE AGENCY to GPS for basic servi.ces (Attachment "B"). 6. COSTS. GPS shall provide toll free telephone numbers for communications between THE AGENCY and GPS and between the Payee and GPS. GPS will provide complete training for THE AGENCY at no cost to THE AGENCY. GPS shall not be responsible for any other costs, expenses, fees or losses arising out of its performance under this Agreement. 7. STATE AND FEDERAL TAXES. THE AGENCY shall not be responsible for paying any state or federal taxes on GPS's behalf. 8. RECONCILIATION. GPS will make available a reconciliation report to THE AGENCY each business day for all transactions completed the previous business day(s). THE AGENCY will review and approve the reconciliation report and send approval back to GPS. GPS guarantee... payment tlf funds that appear on the reconciliation report. The agreed upon amount will be forwardtd . electronically .<0 THE AGENCY'S designated bank account within two business days after GPS receives the aJl1lfO\'al. 9. INDEPENDENT CONTRACTOR. GPS shall perform all the Services under this Agreement as an independent contractor and not as an employee of THE AGENCY. GPS understands and acknowledges that it shall not be entitled to any of the benefits of an AGENCY employee. THE AGENCY has the right to rely and does rely upon the expertise of GPS to perform the Services in a skillful and professional manner. GPS agrees to perform the Services in such a manner. 10. RESPONSIBILITIES OF THE AGENCY. THE AGENCY will foIlow the GPS procedures for all transactions. THE AGENCY shaIl provide the means (Internet access) to receive transaction and reconciliation reports. II. CONFIDENTIALITY AND NONDISCLOSURE. GPS agrees that any information or data obtained, docnments produced, or any other material obtained as a result of this Agreement which is required by law or regulation, wiIl be kept confidential and shaIl not be disclosed without the prior written approval of THE AGENCY or as required by law or regulation. 12. NOTICES. Any notice or consent required or pennitted to be given under this Agreement shall be given to the respective parties in writing, by first class mail or by facsimile delivered to: THE AGENCY: GPS: Ms. Kim Rott, Clerk Carmel City Court I Civic Square Carmel, IN 46032 Fax #: (317) 846-0835 Ms. Debby Comad, VP-Director of Marketing Government Payment Service, Inc. 5555 West 73'" Street Indianapolis, IN 46268 Fax #: (317) 876-9757 or at such other address or to such other person that the parties may from time to time designate. Notices and consents under this section, which are sent by mail, shaIl be deemed to be received five (5) days following their deposit in the U.S. mail. Notices and consents under this section, which are sent by facsimile; shall be deemed to be received when such facsimile is transmitted to the facsimile number specified in this section and a confirmation of such facsimile has been received by the sender. 13. EXCLUSIVE AGREEMENT. THE AGENCY agrees that GPS will be its only provider for this type of service during and for the term of this agreement. 14. TERMINATION. THE AGENCY may terminate this Agreement at any time ifGPS is unable or unwilling to provide the Services described in this Agreement or GPS fails to promptly correct any problems with the remote pay program after notice from THE AGENCY. THE AGENCY may also terminate this Agreement without cause if THE AGENCY discontinues this type of program. GPS has the right to terminate this Agreement if THE AGENCY does not comply with GPS's procedures. 15. INDIANA LAW. This Agreement shaIl be governed by the laws of the State of Indiana. Any litigation regarding this Agreement or its content shaIl be filed in Hamilton County, Indiana, if in State Court, or in the appropriate Distric\, ifin Federal Court. Agreement between: the CARMEL CITY COURT and GOVERNMENT PAYMENT SERVICE, INC. dated March 19, 2007. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date executed by THE AGENCY. Reviewed and Approved: ~ ~h/ / ?#/ ': Elaine D. BoIle, CEO Government Payment Service, Inc. -'~_ ~~V!Jl . / Judge Paul A. Felix I Carmel City Court Date: 4/\blza~rl , Date: 3/2//"7 I ~ed by the Board of Public Works and Safety of the City of Carmel, Indiana, this - '2J ~ j& . James Brainard, Presidin ffic Date: I~dayoj~ ATTACHMENT "A" Agreement Number IN031907CARMELCITYCOURTOl GPS Transaction Payment Fee Schedule FOR fiNES & COURT COSTS Payments Made Via Call Center/IVR CHARGE AMOUNT SERVICE FEE ALL 5% Payments Made Via the Internet CHARGE AMOUNT SERVICE FEE ALL 3.5% RECONCILIATION TIME LINE FOR RECONCILIATION OF PAYMENTS GPS will make available a reconciliation report to THE AGENCY each business day for all transactions completed the previous business day(s). THE AGENCY will review and approve the reconciliation report and send approval back to GPS. The agreed upon amount will be forwarded electronically to THE AGENCY'S account within two business days after GPS receives the approval. . - . MINIMUM SERVICE FEES GPS will charge a minimum service fee of$3.50 regardless of the amount of the transaction. ..,; , .. ATTACHMENT "B" Agreement Number IN031907CARMELCITYCOURTOl GPS Basic Services There are no fees paid by THE AGENCY to GPS for basic services. These basic services include the following: 1. Remote credit/debit card payment service with voice (call center/IVR) and Internet transaction capability 2. Service available 24 hours a day, seven days a week, 365 days a year 3. Payments made to THE AGENCY via ACH 4. GPS Proview used to approve and reconcile all transactions