HomeMy WebLinkAboutProfessional Services Agreement with Access Idaho for Electronic Transactions and Access Payport Addendum Exhibit 3,Task Order #3EXHIBIT C' TO
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
TASK ORDER #3
FOR ELECTRONIC TRANSACTIONS AND ACCESS FOR PAYPORT ELECTRONIC
PAYMENTS TO CITY OF MERIDIAN-ALL DEPARTMENTS
This TASK ORDER #3 is made and entered into this 28th day of June, 2011, by and
between the City of Meridian (hereinafter "City"), a municipal corporation organized under the
laws of the State of Idaho, and Idaho Information Consortium, LLC, d.b.a. Access Idaho
(hereinafter "Portal Manager"}, a limited liability company organized under the laws of the State
of Idaho.
WHEREAS, on February 2, 2010, Portal Manager and City entered into a Master
Agreement for Professional Services ("Master Agreement"}, which, inter alia, established the
terms, conditions, and scope of services to be provided by Portal Manager;
WHEREAS,. on February 2, 2010, Portal Manager and City entered into Task Order # 1,
under which Portal Manager agreed to provide PayPort Over-the-Counter Services and PayPort
Online Services to the Building. and Development Services Division of the Public Works
Department;
WHEREAS, on June 7, 201 1, Portal Manager and City entered into Task Order #2,
under which Portal Manager agreed to provide Transaction Payment Engine Services, as
accessed through the Accela program, to all Departments;
WHEREAS, the purpose of this task order is to implement services provided by Portal
Manager under the terms and conditions of the Master Agreement in the context of providing
PayPort Over-the-Counter Services and PayPort Online Services to all Departments, not just to
Building. and Development Services.; and
WHEREAS, it is the intention of the Parties that this Task Order #3 supersede Task
Order # 1, but that Task Order #2 remain in effect;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the
Parties agree as follows:
1. Task: PayPort Access, all departments.. Portal Manager will create a service for the City,
in accordance with this Task Order, as follows: Portal Manager will provide PayPort
Over-the-Counter Services and PayPort Online Services to all Departments. Portal
Manager does not require electronic access to information contained in a City computer
database maintained by the City or its agent.
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2. Definitions. As used herein, these terms shall have the following meaning:
a. ACH Transaction: Automated Clearing House, a system of the U.S. Federal Reserve
Bank, which provides electronic funds transfer (EFTJ between banks.
b. Card: credit cards branded as Visa, MasterCard, Discover, and American Express,
as well as debit cards that display either the Visa or MasterCard logos.
c. Devices: credit card swipe devices contemplated in this Task Order #3, as depicted
in Attachment A hereto.
d. E-check: online payment option by which Users enter their bank account and
routing numbers.
e. Payment System: the Internet-based payment online point of sale payment system
hosted by Portal Manager.
f. Portal Manager's. Network: the network systems of the Portal Manager that host the
Payment System.
g. Statutory Fees: without limitation, fees assessed by statute, rule, court order or other
governmental act and collected by the City from the User.
h. Transaction: the successful payment using a Card via the Payment System by a
User, without regard to whether such Transaction isvoided orcharged-back by the
Card issuer, or refunded by the City.
i. Portal Administration Fee: fee charged for use of the Payment System to pay
Statutory Fees.
j . User: the person or entity that pays the Statutory Fees via the Payment System.
3. Over-the-Counter Equipment. For PayPort OTC, Portal Manager agrees to provide to
City Devices at cost, plus shipping costs, for each City department/division in this
agreement. City shall not pay or reimburse Portal Manager for sales tax.. City shall
reimburse Portal Manager for any 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 shall be subject to all of the terms and conditions of this Agreement,
unless the parties otherwise .agree in writing. Devices will be shipped within 15 business
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days from receipt of a written notice from City. City may purchase Devices
independently of the Portal Manager. In such case, any such devices must meet the
hardware requirements of the Portal Manager.
4. Internet-based applications. During the term of this Agreement, Portal Manager will
provide. City with access to the following Portal Manager Internet-based applications:
a. 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, setup cashiers, view transaction reports and initiate
refunds.
b. Cashier's Module. Portal Manager 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.
5. Technical supUo~rt. Portal Manager will provide City technical support for Service
inquiries through a local number for the City. Portal Manager's technical support
services are provided via telephone support.
6. Records and data. Portal Manager shall not sell, lease or otherwise transfer transaction
records to any other entity than City or authorized representative. 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.
7. 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 Task Order #3
must be documented and agreed to in writing by the parties. hereto.
b. Portal Administration Fee. For every credit/debit card transaction in which the
Payment System is used, User shall pay, in addition to User's payment to the City, a
non-refundable Portal Administration Fee equal to 3.00% of the amount of User's
payment to the City plus $1..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. Example: Fora $100 payment to City, User will be
charged an additional Portal Administration Fee of $4.00, for a total of $104.00.
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
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addition to User's payment to the City, anon-refundable Portal Administration Fee of
$2.50, 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 (e.g., Visa, Mastercard).. It is
the intent of this provision that such right maybe 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 whether 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 payment/deposit report shall be available online to City. The
Portal Manager shall remit the portion of revenues constituting Statutory Fees to the
appropriate City account, within 24 hours of when funds are received into Portal
Manager's account. In the event of a disputed charge, acharge-back, voiding of a
Transaction or a refund by City, Portal Manager will work with the City to resolve the
dispute.
d. Records and Finances. All Portal documents and records maintained by the Portal
Manager relating to City records shall be available for inspection, auditing, and
copying by the City or other authorized representatives.
8. City responsibilities.
a. City is responsible for providing a PC with Internet connection and an attached
printer. Such PC must have a web browser 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 Services
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provided hereunder. 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 which City
account(s) is/are to be used for the Statutory Fees.
f. City will. use due care in determining whether the User is authorized to use a 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.
9. Warranties.
a. Devices. Portal Manager represents that the Devices provided 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. Connectivity. 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. Funds availability. 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.
10. 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 Payment System to make payment. of Statutory Fees.
1 1. Access. 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
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and maintaining all programs used to access the administrative interface. Computer
programs. used by the Portal Manager shall:
a. Protect information from unauthorized access;
b. Supply Transaction records to City on a timely basis in an accurate,
understandable and logical format acceptable to City;
c. Be tested by the Portal Manager, and prototype shall be provided for City review
and approval before it is offered to City.
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 V~HEREOF, the parties have executed this Task Order #3 on the 28th
day of June, 201 1.
IDAHO INFORMATION CONSO TIUM, dba ACCESS IDAHO:
By:
f .Walker, President
CITY OF MERIDIAN:
By: ATTEST:
Tammy e eerd, Mayor
CITY OF MERIDIAN~ACCESS IDAHO
EXHIBIT C TO MASTER SERVICE LEVEL AGREEMENT FOR PROFESSIONAL. SERVICES PAGE 6 OF 7
Attachment A:
MAGTEK CENTURION
SECURE CARD READER
AUTHENTICATOR (SCRA)
FEATURES
$47.50
• Meets PCI DSS
requirements
• Unique, non-
changeabledevice
serial number
• Triple DES
encryption
• DUKPT key
management
• Tokenization
• Device & host
authentication
• Masked Data
• USB powered (No
external power
supply required)
• 6-foot cable
• Scans either direction
• Includes USB
interface
• Red/green/amber
status LED
• Keyboard emulation
• Part #21073062
• vwvw.mag_tek.com
• Questions? Call
Access Idaho at 208-
332-0102.
DIMENSIONS
Height: 1.23 in (31,3 mm)
Width: 1.28 in (32,5 mm)
Length: 3.94 in (100 mm)
Magtek Centurion Secure Card Reader
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