GPS/Government Payment Service/Courts
AGREEMENT
Agreement Number-IN02Y309CARMELCITYCOURT02
THIS AGREEMENT is made. by, and between the Carmel City Court (Hereinafter "THE AGENCY) and
GovernmentPayme.nt Service, Inc., (dba Govertfruent Payment EXe and GovPavUP) (Hereinafter GPS).:
Wherein GPS,and'fHE,AGENCY'agr& as' fol€owVs
1. SYSTEM pESCRIPTIONS: CPS has developed a Service" for'the'purpose of processing payments by credit or
debit•card;for Fines & Costs forTHEAGENCY. The CPS System will provide;the service from atremote,location
24 hours;per,day i.. 7 clays per week. The cardholder wanting to make;xpaymentto`THE AGENCY bycredit.or
debit card may do so. by calling GPS or by accessing the CPS website..
CPS will charge ,the-Cardholder a;fee' forihc,Servi'ce as outlined in Attachment "A" attached hereto and made a part
hereof.
GPS agrees to„provide, the Service as outlined in Attachment "A" in accordan'c'e with;the.terms and conditions of
this Agreement.
2. AUTHORIZATION TO BEGIN, THE AGENCY grarits CPS authorization'to begin a remowpaymcm service;
as outlined in.this Agreemeenf. This Agreement will'be•in effect[for one (b)'year arid will be automatically extended
for additional one (1),year periods ror up to rive (5) years" or until terminated as provided'berein.
3. ADUERTISEMrNT OF THE SERVICE., THE AGENCY agrees to post: information regarding the GPS
payment eption in,all locations where mformatton;aboutother payment options are available, including'but not
limited to THE AGENCY'S website, phone system, .bills, coupon book's, collection letters'; and press.releasesat the
expense of THE AGENCY, G Swill provide to THE AGENCY inserts and..sigpagc`at no'cost. THE AGENCY
also agrees' to allow. CPS to place signage at the location describing the service, subject to approval°by'THE
AGENCY, which approval shall not be•unreasonably held.
4. COMPENSATION FOR CPS. GPS shall not.beientitled to any compensation with respect to the.+service other
than the serviceifees as set forth in Attachment "A' which are.paid by the cardholder and noi'THE'AGENCY.
CPS reserves the right to adjust its service fees with sixty (60) days notice to the agency. 1t is_'hereby;,agreed and
understood: thafther'e are,ro7feesipaid by THE AGENCY for basic services (Attachment "B").
5. COSTS: CPS shall'provid0oll free telephone mimbers for communications between THE AGENCY and GPS
and'betweenthe cardholder and CPS. GPS will provide complete. traming;for-THE. AGENCY )atno cost to THE
AGENCY. CPS shall riot be responsible for"any'other costs,' expenses, fees ar losses.arising ont of its per
under this Agreement.
6. STATE AND FEDERAL TAXES. THE•AGENCY'shall nothelresponsible rorpaying arty state or federal taxes
on GPS's behalf.
7. RESPONSIBILITIES OF GPS CPS shall perform all the Services'under:this.Agreementas awindependent
contractor and not as•an employee of THE AGENCY, CPS imderstands.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 provide the services in-a prafessional m-aaniter. GPS represents that it is qualified by training
and experienceto perform the?Services as outlined in this Agreement. Alf contact between CPS and the cardholder
is initiated by the cardholder and'not?by, GPS.
8. RESPONSIBILITIES•OF'THE AGENCY. 'THE AGENCY will follow CPS's procedures for all.transactions.
THE AGENCY shall_provide•the'means such as a computer and ihf rnefaccess or'a fax machine to'receivc and
send transactiortnotifications,
9. CONFIDENTIALITY AND NONDISCLIDWRE. BOTH PARTIES agree that any information or data
obtained; documents produced, or any other material which ,is required by law or, regulation, will be kept
confidential and shalLnot be disclosed without the prior written approval- of T_HE-OTHER PARTY unlesstheyare
non-exempted public records.
a
10. INDEMNIFICATION. CPS shall defend, indemnify, and save harmless THE AGENCY, its agents, officers, and
employees from any and all claims, demands, damages, costs, expenses (including attorneys fees), judgments or
liabilities arising out of this Agreement or occasioned by the performance or attempted performance of the
provisions hereof, including, but not limited to, any act or omission to act on the part of CPS or its agents, officers,
employees, and/or contractors, except those claims, demands, damages, costs, expenses (including attorneys' fees),
judgments or liabilities resulting from the negligence or willful misconduct of THE AGENCY.
11. NOTICES. Any notice or consent required or permitted 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: CPS:
Kim Ron, Clerk Ms. Debby Conrad, VP-Director of Marketing
Carmel City Court Government Payment Service, Inc.
I Civic Square 7102 Lakeview Pkwy West Drive
Carmel, IN 46032 Indianapolis; IN 46268
Fax #: (317) 846-0835 Fax 9: (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, shall 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.
12. EXCLUSIVE AGREEMENT. THE AGENCY agrees that CPS will be its only provider for this type of service
during and for the term of this agreement.
13. TERMINATION. EITHER PARTY may terminate this Agreement with thirty (30) days written notice to THE
OTHER PARTY prior to the annual renewal date. THE AGENCY may also terminate this Agreement at any time
with thirty (30) days written notice to CPS if CPS is unable or unwilling to provide the Services described in this
Agreement or if THE AGENCY discontinues remote credit and debit card.payment services. CPS has the right to
terminate this Agreement with thirty (30) days written notice to THE AGENCY if THE AGENCY does not
comply with CPS's procedures or fails to comply with this Agreement.
14. INDIANA LAW. This Agreement shall be governed by the laws of the State of Indiana.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date executed by THE
AGENCY.
Reviewed and Appr ved:
onora le Brian . Poindexter Dale W. Conrad, CEO
Carmel City Court Government Payment Service, Inc.
Date Date:.
ATTACHMENT 6
Agreemenit,Number IN021309CARMELCITYCOURT02
GPS Transaction I?ayrnenffee Schedule
FOR FINES &COSTS
Payments Made.Via the Internet
TRANSACTIONAMOUNT SERVICF'FF.E,
ALL 3.5%.
Min imunn Fee Internet =$3.50
Payments Made,via Phone
TRANSACT10N.AMOUNT SERVICE FEE'
ALL 5%
Minimum Fee Phone = $11.00
EXAMPLE.INTERNET PAYMENT
Tiansacfion,Aiitount = $ 95.00
Service'Fce, = 150
Total'Payment = $ 98:50
EXAMPLE PHONE PAYMENT
'Transaction•Amount = $ 95:00.
Service Fee = 1`1.06
Total Payment = 5106.00'
RECONCILIATION
TIME ]LINE FOR RECONCILIATION OF PAYMENTS
GPS-will make available a reconciliation.raPort in THE AGENCY each business day for all transactions contplcted,the
previous business flay(s). THE AGENCY. will review and approve the reconciliation t eport and seod'.approval'back"to
GPS. The agreed upon amount wiI]'be forwarded electro.nicalfy to THE"AGENCY'S account within two business days
after' CPS. receives the approval.
ATTACHMENT "B"
Agreement Number IN021309CARMELCITYCOURT02
GPS - BASIC SERVICES
There are no fees paid by THE AGENCY to GPS for basic services. These basic services include
the following:
I . Remote credit/debit card payment service with Voice (call center/IVR) and Internet
transaction capability
2. Remote payment service available 24 hours a day, 7 days a week, 365 days a year
3. Secure website provided by GPS used to approve and report all transactions
4. Funds transmitted to THE AGENCY electronically
Board of Public Works and,SSfety
City of Carmel
44i e_'
`A , rJames:Brainard I7`ate
L 3- -6y
Mary A Burke,, Member, Date
C: , 3 4L?
ri W n. Member Date
,ATTEST:
L. Cordray, Cler T ensurer Date