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HomeMy WebLinkAboutProfessional Service Agreement with Idaho Information Consortium (A+ccess Idaho) for Access Idaho Debit and Credit Cards~ ~~%~E IDIAN~- ~b1i~ I DAH O ~Torks ~epar~tment TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: January 26, 20] 0 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PROFFESIONAL SERVICE AGREEMENT BETWEEN THE IDAHO INFORMATION CONSORTIUM (ACCESSIDAHO) AND TIi<E CITY OF MERTD~AN FOR DEBIT CART} AND CREDIT CARD PROCESSING SERVICES FOR THE DEVELOPMENT SERVICES DIVISION. I. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between the Idaho Information Consortium (A+ccess Idaho) and the City of Meridian for Debit Card and Credit Card Processing Services for the Development Services Division for a period of one year; :and 2. Authorize the Mayor to sign and'the City'Clerk to attest the agreement. II. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Over the past couple of y~rs, numerous applicants for building permits have-- asked for the option to pay for their permits via debit card or credit card. Upon our initial investigation into this passibility, we discovered that in order to deliver the service the city would have had to budget for the ~rnerchant fees associated with debit card or credit card transactions. At the time we did not feel it appropriate to pass the transaction fees for the convenience of a few to the Page 1 of 3 taxpayers. Recent changes- in the laws governing the merchant fees made it possible for government agencies to add the merchant fee an to the transaction as a surcharge that the customer pays as a convenience fee, thereby relieving the city from the budgetary burden. B. Proposal During the term of the proposed Professional Services Agreement, Idaho Information Consortium (Access Idaho) will configure and provide access to an electronic system that will allow the Development Services Division to accept payment fc~r building permits via deltic card or credit card. The system will be available to our customers at the front counter of Development Services during normal business hours, or on-line 2417 through ow web site. The system also provides many administrative: tools to allow for reporting and reconciliation. Transfer of collected funds will be deposited .into a numbered account provided by the City via ACH transaction within 24-hours of when the funds are received from the customer. IV. IMPACT A. Stra~epc Impact: This program is in alignment with the City's Focus Areas/Initiative that states, Strategic Growth - `Be responsive, innovative and opportunistic in planning for growth, improving response times, coverage, and ways of doing business." Qrganizational Excellence - "Use information technology tc> enhance staffs ability to respond efficiently and effectively." B. Service/Delivery Impact: This program will enable us to provide a convenient vehicle for our customers to pay for permits via-debit card or credit card. This ability is something that our customers have asked for fiver the past couple of years. The service will be available at our front counter during normal business hours, or on-line 24/7 through our web site. We also believe that this program will reduce the number of vehicle trips to the off ee to pay for permits, thereby having a positive impact on our environment. C. FiscalImpact• No cost to the City of Meridian. Access Idaho derives their compensation from a portion of the surcharge that will be placed on top of the statutory fees that our customers pay, in our case the total surcharge will be 3%. I2arger transactions can be made using an a-check option, where the surcharge is a flat fee of $5'.00. Page 2 of 3 V. LIST OF ATT~4,GHMENTS A. Master Agreement for Professional Services B. Exhibit "A" -Task Order #1 G. MOU for Electronic Transaction and Deposit Approved for Council Agenda: I-Z7- ro Bruce Fx'~X~to~~f3evelopment Services Manager Date • • Fage3of3 MASTER AGREEMENT FOR PROFESSIONAL SERVICES d THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ~ day of 2010, and entered into by and between the City of Meridian, a municipal corporation organize under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and the Idaho Information Consortium, hereinafter referred to as "CONTRACTOR", whose business address is 999 Main Street, Suite 910, Boise, Idaho 83702. INTRODUCTION WHEREAS, the CITY has a need for services involving debit card and credit card processing services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance, and Payment; and WHEREAS, the CONTRACTOR is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONTRACTOR shall perform and furnish to the CITY upon execution of this Agreement an associated Task Order. Upon receipt of the CITY's written notice to proceed, all services, shall comply in all respects, as specified in the corresponding Task Order, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The CONTRACTOR shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The CONTRACTOR represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the CONTRACTOR and any reports or opinions prepared or issued as part of the work performed by the CONTRACTOR under this Agreement, CONTRACTOR makes no other warranties, either express or implied, as part of this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES PAGE 1 OF 8 • 1.3 Services and work provided by the CONTRACTOR at the CITY's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Considera#ion 2.1 The CONTRACTOR shall be compensated as defined by corresponding task orders. 22 Except as expressly provided in this Agreement, CONTRACTOR shall not be entitled to receive from the CITY any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited- to, meals, lodging, transportation, or mockups. Specifically, CONTRACTOR shall not be entitled by virtue of this Agreement to consideration in the farm of overtime, health insurance benefits, retirement benefits, paid holidays or other paid Heaves of absence of any type or kind whatsoever. 3. Term and Time of Rerforrriance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2010 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of CONTRACTORS business. This agreement may be extended to successive fiscal years by mutual agreement of the parties. 4. Independent Contrac#or 4.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. F~ccept as expressly provided in Exhibit A, CONTRACTOR has no authority or responsibility to exercise any rights or power vested in the CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 CONTRACTOR shall determine the method, details and means of performing the work and services to be provided. by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this. Agreement and, .except as expressly provided in this Agreement, shall not be subjected to CiTY's control with respect to the physical action or acfrvities of CONTRACTOR in fulfrllment of this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES PAGE 2 OF 8 5. Indemnification and Insurance: The Contractor shall indemnify and hold harmless the CITY from any and all liability, claims, damages, toss of funds, costs, expenses and actions, including. reasonable attorneys' fees, caused by or that arise from the negligent or wrongful acts or omissions of-the Contractor, its employees, agents or subcontractors under this Agreement or that arise from a failure to comply with any state or federal statute, law, regulation or act. Contractor shall not have any indemnification liability for any damages arising out of the negligence or misconduct of the CITY. For the duration of the Agreement, the Contractor shall maintain in effect all insurance as required herein and comply with all limits, terms and conditions stipulated therein. Policies shall provide, or be endorsed to provide, all required coverage. Within two (2) weeks after signing this Agreement, the Contractor must provide updated certifrcate(s) or certified endorsement(s), as applicable, of the insurance required. There will be no exceptions to this requirement. Failure to provide the proof of insurance as required may, at the CITY's option., result in cancellation of the Agreement. Insurance required by this section shall name the CITY as an additional named insured and shall be with insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The coverage provided by such policy shall be primary to any coverage of the CITY on or related to the Agreement and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability. All required policies shall require sixty (60) days' notice to the CITY, by certified or registered mail, return receipt requested, prior to any cancellation or refusal to renew or any material change in the nature or extent of the coverage provided. All policies shall contain waivers of subrogation. Contractor waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles but such deductibles shall not be deducted from any damages due to the CITY. By requiring insurance herein, the CITY does not represent that coverage and limits will necessarily be adequate to protect the Contractor, and such coverage and limits shall not be deemed as a limitation on the Corrtractor's liabilities under the indemnities granted to the CITY. The amount of such insurance shall be not less than: Worker's Compensation Insurance in amounts as required by statute. Employer's liability limit of $1,000,000.00. The Contractor must provide either a certificate of Workman's Compensation Insurance issued by a surety licensed to write Workman's Compensation Insurance in the State of Idaho, as evidence that the Contractor has in effect a current Idaho Workman's AGREEMENT FOR PROFESSIONAL SERVICES PAGE 3 of 8 Compensation Insurance olic , or an extraterritorialcertificate a roved b P Y PP Y the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Industrial Commission. Automobile Liability, including non-owned and hired - $1,000,000.00. Commercial General Liabi[itjr ("CGL") and Umbrella Liability Insurance, including contractual liabilityand persona( injury-$1,000,000.00. Contractor shall maintain CCL and, if necessary, commercial umbrella or excess liability with a limit of not less than $1,000,000.00 each occurrence. The Schedule of Underlying Insurance in the Umbrella Policy shall include the CGL, the auto policy and the Employer's Liability Policy. Comprehensive Grime, having at least the following coverages: employee dishonesty (blanket coverage), forgery,. theft (inside and outside}, wire transfer fraud, computer fraud or theft - $1,000,000.00. Computer Hardware and Software, including mechanical breakdown and extra expense. Limits should be consistent with valuation of hardware, software and time required to restore operations. Evidence of all insurance shag be submitted to the City Purchasing Agent with a copy to Meridian Development Services Manager, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. PerFormance Monitoring and Probaern Resolution: The Contractor must provide performance monitoring :and problem resolution. Plans for regularly performing routine and preventive maintenance must be addressed. Maintenance will be performed by Contractor at times that will not adversely affect daily operations, where possible. If there is a loss of critical services where the majority of services are down, the Contractor shall notify the CITY within one (1} hour. Services should be restored within two (2) hours, except for issues related to equipment, cDnfiguration or personnel under CITY control. During an event not in the control of the Contractor, the Contractor will work with the CITY to restore services in a timely manner. If there is a loss of the functionality of one (1) or more hosted services that submit information to or retrieve information from the CITY and :built and maintained by Contractor ("App{ications"j under this -Agreement, which does not result in the loss of functionality of the entire Portal, Contractor shall notify the CITY, and provide an estimated time to repair the. functionality of the Application(s) on the Portal based upon the following schedule: Within two (Z) hours during peak usage periods, which are 8:00 am to 5:00 pm (Mountain), each CITY business. day, except CITY-recognized holidays and weekends; AGREEMENT FOR PROFESSIONAL SERVICES PAGE 4 OF 8 Within four (4) hours during off-peak periods, 6:00 pm to 8:00 am (Mountain), each CITY business day; and Within twenty-four (24) hours during weekends and all holidays observed by the CITY. Contractor must maintain aback-up system that will take over in the event the hardware or software fails. 7. Financial Procedures: All moneys collected on behalf of CITY must be deposited from the Contractor's bank account into the designated CITY bank account within twenty-four (24) hours following the effective receipt of those moneys by the Contractor. Deposits must be made via electronic funds transfer (EFT) using the automated clearinghouse (ACH} credit method. The Contractor must send detailed transaction information to the agency as well as separate total deposit information for financial reconciliation to the CITY Department of Finance. The ACH file format must be approved and tested by the CITY Department of Finance before it is implemented. The Contractor must maintain procedures for billing, collections, online credit card acceptance, and issuance of payments, and carry out all other fiscal activities necessary to operate a financially sound Internet Portal service. S. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Idaho Information Gonsortium, LLC Purchasing Agent 999 Main Street 33 E. Broadway Avenue Suite 910 Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees:: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall tie entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence. with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall AGREEMENT FOR PROFESSIONAL SERVICES PAGE 5 OF 8 constitute a breach of and a default under i th s Agreement by the party so failing to perform. 11. Assignment. It is expressly agreed- and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule yr regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the C1TY may request pertaining to matters- covered by this Agreement. 13.2 CONTRACTOR-shall maintain all wrrtings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion ofi this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or represents#ion including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections,: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination. all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITYto audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material; No material produced in whole or [n part under this Agreement shall be sclbject to copyright in the United States or in any other country. The CITY shah have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the services required under con'esponding Task Orders, CONTRACTOR shall comply with all applicable laws, ordinances, and codes vfi Federal, State, and local governments. AGREEMENT'FOR PROFESSIONAL SERVICES PAGE 6 OF $ 17. Changes: The CITY may, from time to time, request changes in the corresponding Task Orders to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments to this Agreement. 18. Termination: See Article 8 in Exhibit "A". 19. Subcontracting: Unless otherwise allowed by CITY, the Contractor shag not, without written approval from the CITY, enter into any subcontract relating to the performance of this Agreement or any part thereof. Approval by the CITY of Contractor's request to subcontract or acceptance of or payment far subcontracted work by the CITY shall not in any way relieve the Contractor of responsibility for the professional and technical accuracy and adequacy of the work. The Contractor shall be and remain liable for all damages to the CITY caused by negligent performance ornon-performance of work under the Agreement by Contractor's subcontractor or its sub-subcontractor. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorneys or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. AGREEMENT FOR PROFESSIONAL SERVICES PAGE 7 OF 8 CITY OF MERIDIAN IDAHO INFORMATION CONSORTIUM BY: ~ BY: ~ AMMY ~' WEERD, MAYOR T. WALKER, GENERAL MANAGER Attest: ~.~`,~~ ~ ,~''~~,~ ~~~' C3' ~. 'L '-, Fo -. AL JAYCEE L. LMAN, CITY CLARK ,~ ~, ~, ~~° 90 GsT ~s~ • P~ \: ~ ~o~ ~o Approved as to Content BY: KEITH WATTS, PURCHASING MANAGER Develo t Se es Approval BY: BRUCE FR KLETON, MANAGER Dated: ~ - 2 ~ - ~ ~ Approved as to Form CITY ATTORNEY Dated: I-?moo-/o AGREEMENT FOR PROFESSIONAL SERVICES PAGE 8 OF 8 EXHIBIT "A" TASK ORDER #1 FOR ELECTRONIC TRANSACTION AND ACCESS FOR PA'1'PORTTM ELECTRONIC PAYMENTS TO CITY OF MERIDIAN DEVELOPMENT SERVICES DIVISION THIS TASK ORDER, entered into this 2~ day of , 2010, between City of Meridian, Idaho, hereinafter referred to as "CITY" and the Idaho Informa on Consortium, hereinafter referred to as "CONTRACTOR" or "Portal Manager." is subject to the provisions of the Master Agreement for Professional Services approved by the Parties on the 2b`~'~day of , 2010. 1. Overview City of Meridian (City) authorizes CONTRACTOR, also referred to herein as the "Portal Manager", to create a service for the City, in accordance with this Task Order, as follows: Access by the Portal Manager will be on an inquiry-only, as needed basis for the purposes of processing funds through the Portal's PayPort Over-the-Counter (OTC) and/or PayPort Online Service for the City. 2. Definitions "ACH Transaction" -Automated Clearing House, a system of the U.S. Federal Reserve Bank that provides electronic funds transfer (EFT) between banks. "Card" -the credit cards branded as Visa, MasterCard, Discover, and American Express, as well as debit cards that display either the Visa or MasterCard logos. "Devices" the credit card swipe devices contemplated in this Agreement. "E-check" (a.k.a. "electronic check" or "virtual check") -the online payment option where Users enter their bank account and routing numbers. "Payment System" -the Internet-based POS payment system hosted by Portal Manager. "Portal Manager's Network" -the network systems of the Portal Manager that host the Payment System. "Services" -the services provided by Portal Manager pursuant to this Agreement, as expressly set out in Section 4. AGREEMENT FOR PROFESSIONAL SERVICES PAGE 1 OF 7 • "Statutory Fees" -without limitation, the taxes, penalties, interest, fines, child support fees, licensing fees, or other fees assessed by statute,. rule, court order or other governmental act and collected by the City from the User. "Transaction" -the successful payment using a Card via the Payment System by a User, without regard to whether such Transaction is voided or charged-back by the Card issuer, or refunded by the City. "Portal Administration Fee" -fee charged for use of the Payment System to pay Statutory Fees. "User" -the person or entity that pays the Statutory Fees via the Payment System, 3. Qver-the-Couater E ui~nment For PayPort OTC, Portal Manager agrees to provide to City, free of charge, one Device for each City department/divisiarl in this agreement, City shall reimburse Portal Manager for any additional Devices requested by City and provided by Portal Manager under this agreement. Portal Manager agrees to provide the following additional materials with each Device: • Full manufacturer's installation and user guide; • An assignment in a form acceptable to City of all applicable warranties; and • Detailed instructions on how to reach the device manufacturer's technical support. The procurement by City of any Device is subject to, and must be done in accordance with, any applicable purchasing laws or rules. Any additional Devices provided to City by Portal Manager sha11 be subject to all of the terms and conditions ofthis Agreement, unless the parties otherwise agree in writing. Devices will be shipped within 15 business days from receipt of a written notice from City. City may purohase Devices independently of the Portal Manager. In such case, any such devices mustmeet the hardware requirements of the Portal Manager. 4. Services a. During the- term of this Agreement,. Portal Manager will provide City with access to the following Portal Manager Internet based applications: i) Administrative Module. Portal Manager will provide City with access to administrative tools hosted on Portal Manager's server that can be used by City to define credit card services, set up cashiers, view transaction reports and initiate refimds. ii) Cashier's Module. Portal. iwlanager will provide City access to the tools that will permit City to enter Transaction and Card information manually. Card information may be automatically entered by "swiping" a Card through an installed Device, or manually entered using the cashier's module. AGREEAgNT FOR PROFESSIONAL SERVICES PAGE 2 OF 7 • b. Portal Manager will provide City technical support for Service inquiries through atoll-free number For the City. The Portal Manager's technical support services are provided via telephone support. 5. Collection, Fees, and Payment a. Collection. The cost for each item posted to the application is set by the City. The City will not receive a bill from the Portal Manager for this service or any fees. The Portal Manager shall be entirely responsible for the assessment and collection of payments from Users. Any changes or amendments to the terms of this Addendum must be documented and agreed to in writing by the parties to this Addendum. b. Portal Administration Fee. For every eredit/debit card transaction. in which the Payment System is used, User shall pay, in addition to User's payment to the City, anon-refundable Portal Administration Fee equal to 3.00°!0 of the amount of User's payment to the City, due at the time the transaction is performed. This Portal Administration Fee will be retained by Portal Manager as compensation for its services under this agreement. Example: Fora $100 payment to City, User will be charged an additional Portal Administration Fee of $3.00, far a total of $103.00. For every E-check transaction-should the City choose to offer this online payment option for its Users-in which the Payment System is used, User shall pay, in addition to User's payment to the City, anon-refundable Portal Administration Fee of $5.00, due at the time the transaction is performed. This Portal Administration Fee will be retained by Portal Manager as compensation for its services under this agreement. The City understands that, unlike credit/debit card payments, E-check payments are not guaranteed funds; therefore the City shall be responsible for collecting such funds on unsuccessful payments due to, but not limited to, non-sufficient funds in a User's account, incorrect account and/or routing number entry by User, closed bank accounts, and stopped payments. Portal Manager reserves the right to charge City for the Portal Administration Fee and any additional fees associated with a voided or charged back Transaction, when charged against Portal Manager by the Merchant Bank. It is the intent of this provision that such right may be exercised by Portal Manager only when City exhibits a pattern of excessive voided or charged back Transactions. In addition, if City has already received the voided or charged back statutory fee from Portal Manager, City shall refund the full .amount of such statutory fee to Portal Manager upon receipt of evidence that such Transaction was charged back or voided by User. c. Payment of Statutory Fees. Payments of the Statutory Fees (regardless of whethee the Portal Manager has collected the amount from the applicable User) shall be made from the Portal via ACH Transaction directly to a numbered account furnished by City. In addition, a paymentldeposit report shall be available online to City. AGREEMENT FOR PROFESSIONAL SERVICES PAGE 3 OF 7 • d. Statutory Fee Payment Due Date. The Portal Manager shall remit the portion of revenues constituting Statutory Fees to the appropriate City account, within 24 hours of when fiords are received 'unto Portal Manager's account. e. For each IIevice provided to City over and above those which are to be provided free of chazge, as described in Section 3 above, City agrees to reimburse Portal Manager the unit cost, sales tax and shipping charges. Pricing for the Devices is subject to change the Portal vendor identified in Exhibit [B] Portal. Manager agrees to notify City at the time any additional Devices are ordered of any change in the price for the Device. A list of current prices is attached here to as Exhibit [B]. f. Records and Finances. All Portal documents and records maintained by the Portal Manager relating to City records shall be available far inspection; auditing and copying by the City or other authorized representatives. g. In the event of a disputed charge, a chazge-back, voiding of a Transaction or a refund by City, Portal 1Vlanager will work with the City to resolve the dispute. 6. City Responsibilities a. City is responsible for providing a PC with Internet connection and an attached 'ter. Such l~ PC must have an IE 5.0 or Netscape 7.1 browser or higher and an available USB port interface. b. City is responsible for providing information about, and a complete explanation of, the Portal Administration Fees to potential users. c. City is responsible for securing any required authorizations (including, without limitation, those required for compliance with any required statutes, rules or executive order) that are necessary to permit the adoption of the Services, the payment of Portal Administration Fees, and the other payments required for the Services, as set out in Section 4. Any such required authorizations shall be obtained prior to any Transactions being processed pursuant to this Agreement. d. Devices provided pursuant to this Agreement will be preprogrammed and ready for installation. City is responsible for installation of the Devices and any required accessory equipment and all required utilities. e. City shall provide to the Portal Manager written notification as to what City account is to be used for the Statutory Fees. AGREEh~IENT FOR PROFESSIONAL SERVICES PAGE 4 OF 7 f. City will use due care in determining whether the User is authorized to use the Card to pay Statutory Fees. g. Security Measures. City shall take all necessary measures to protect the access codes provided to it by Portal Manager from unauthorized use or disclosure. 7. Warranty a. Portal Manager represents that the Devices ident~ed in Exhibit [B] are compatible with and will function with the Portal Manager's Network and Payment System to process the POS transactions contemplated by this Agreement. Portal Manager does not guarantee mechanical operation of the Devices. Portal Manager will assign and transfer to City, in a form acceptable to City, all manufacturer warranties for the Devices. b. Portal Manager is not responsible for Service downtime due to interruptions in Internet connectivity, CITY network interruptions, interruptions caused by Card companies or issuing banks, or due to routine system maintenance. c. City understands that Portal Manager's Services do not constitute and that Portal Manager is not providing credit availability, history or authorization for use of the Card, but rather Portal Manager provides the Services with respect to accessing such credit services via the Internet. 8. Termination Either party may terminate this Agreement at .any time, without cause, upon thirty (30) days advance notice. In the event of such termination, Portal Manager shall transmit to City all Statutory Fees collected by Portal Manager which are due City, and City shall pay for Services up to the date of termination. City understands that upon termination, Portal Manager shall disconnect City's access to the Services, and Users will no longer be permitted to use the Fayment System to make payment of Statutory Fees. 9. General a. Portal Manager does not require electronic access to information contained in a City computer database maintained by the City or its agent to create an electronic transaction service, in accordance with this Agreement. i) Portal Manager shall not sell, lease or otherwise transfer transaction records to any other entity than City or authorized representative. i i) Portal Manager shall create and maintain documents and records relating to City transactions and such records shall be available for inspection; auditing and copying by City or other authorized representatives. b. Portal Manager shall be responsible for costs and expenses in maintaining the records created by City in its administrative interface and shall provide a record of transactions to City, including without limitation, the cost for purchasing or developing and maintaining all AGREEMENT FOR PROFESSIONAL SERVICES PAGE 5 OF 7 programs used to access the administrative interface. Computer programs used by the Portal Manager shall: i) Protect information from unauthorized access; i i) Supply Transaction records to City on a timely basis in an accurate, understandable and logical format acceptable to City; iii) Be tested by the Portal Manager, and prototype shall be provided for City review and approval before it is offered to City. c. If required by City, Portal Manager shall cause Portal to require City employees to signify online prior to being allowed access to records that they will comply with any restriction required by law on use of the records. City access agreement will be in the form of a use message displayed online, with a required positive response, to be captured in a log file, prior to City employee being permitted to further search or view the record. IN WITNESS WHEREOF, the parties hereto have executed this Task Order as of the day and year first above written. CITY OF MERIDIAN IDAHO INFORMATION CONSORTIUM Tammy eerd, Mayor \`\\~~,~y'®~ ~~~ ~,,~~~~' J alker, General Manager Attest: rFO ; AL Ja e L. Holman, City~ler ~~ ~' ~P c® ~. APPROVED AS TO CONTENT ',//~~~~~'""" "'~~~~\\`DEVELOPMENT SERVICES APPROVAL B G~~~~ Y• K rth Watts, Purchasing Manager Dated: J ~ ~ ~o - ~ (~ B. B e kleton, Manager Dated: ~~Z~ ~ ~D AGREEMENT FOR PROFESSIONAL SERVICES PAGE 6 OF 7 • Exhibit e: optional Product uss Key oar EmQ anon Mini swipe ~ 21040109 485 T ~+;- - -tader: Tracks 1 & 2 :white- ~~'' r US,B Key qar Emu atlan M7 m SW7pe 210401X~ $$5 ~,` .R~dd~r' TedCks 1 &. 2 Black ~~'"'~ t ;, .r - ~ ~- MAGTEK CARD READER FEATURES • Keyboard emulation • Powered by usa (No external power supply required) • Scans either direction • Includes U56 interface • Green/red LEA • Part #21040109 • www.magtek.com • Questions? call Access Idaho at 20$-332-0102. P/N Price QUarltlty Total DIMENSIONS Height: 1.2~ in (31 3 mm) Width: 1. Z8 in (32 ~ mm) Length: 3.94 in (1b0 mm) r y F'ignre 1 Magtek Credit Card Reader AGREEMENT FOR PROFESSIONAL SERVICES PAGE 7 OF 7 MEMO OF UNDERSTANDING FOR ELECTRONIC TRANSACTION AND DEPOSIT ~ro CITY OF MERIDIAN DEVELOPMENT SERVICES City of Meridian Development Services (city} authorizes Access Idaho (Portal Manager) to configure its over-the-counter/online payment service (PayPort) to accept online funds in the following agreed format: a. The electronic payment service will interface with: PayPort b. City funds will settle to; City of 1Vleridian c. The ACH Bateh header: MERIDIANDEVSRVCS d. Name of billable service: PayPort e. Cost configuration: Payment & Collection will follow Addendum A of City's Electronic Payments at Point of Sales SLA f. Billable service will settle to (bank name): BANK OF THE CASCADES g. Billable service Bank Routing #: 123206024 h. Billable service Bank Account #: 70013454 i. Bank Account Type (select one): Checking ~ Savings j. The City financial contact: Stacy Kilchenmann, Finance Director k. The City technical contact: Terrance Paternoster, IT Manager 1. City Manager authorized to approve this financial configuration: Bruce Freckleton, Development Services Manager CITYIPORTAL APPROVAL By: Services Manager Date: f*' ~' E© ~ Idaho Information Consortium, LAC ~ By: Je alker, Date: Z /o Page I of 1