Service Solicited - 2011 - Access Idaho - Addendum to Agreement / Payport electronic payments ADDENDUM A
TO THE
SERVICE LEVEL AGREEMENT
FOR
ELECTRONIC TRANSACTION AND ACCESS
FOR
PAYPORT'TM ELECTRONIC PAYMENTS
TO
CITY OF EAGLE
AGREEMENTS
1. Overview
City of Eagle (City) authorizes Access Idaho (Portal Manager) to create a service for the
City, in accordance with this Agreement. Description of Service is 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. The City authorizes Portal Manager to be
the exclusive agent for electronic transactions by private Users.
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.
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City of Eagle/Access Idaho SLA Addendum A (PayPort)
"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. Over-the-Counter Equipment
For PayPort OTC, Portal Manager can provide optional keyboard-emulating Device(s) at
cost (plus shipping) for each City department/division in this agreement. A list of current
prices is attached here to as Exhibit [a]. Pricing for the Devices is subject to change by
the Portal vendor identified in Exhibit [a]. Portal Manager agrees to notify City at the
time any additional Devices are ordered of any change in the price for the Device. For
each Device provided to City by Portal Manager, City agrees to reimburse Portal
Manager the unit cost, sales tax (if applicable) and shipping charges. 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. 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 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.
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City of Eagle/Access Idaho SLA Addendum A (PayPo7)
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
refunds.
ii) 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.
b. Portal Manager will provide City technical support for Service inquiries through a
toll-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 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: For a $100 payment to City, User will be
charged a 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
addition to User's payment to the City, a non-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.
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City of Eagle/Access Idaho SLA Addendum A (PayPo7)
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 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.
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 funds are received into Portal Manager's account.
e. 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.
f. In the event of a disputed charge, a charge-back, voiding of a Transaction or a refund
by City, Portal Manager 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
printer. Such PC must have an IF 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.
G. City is responsible for securing any required authorizations (including, without
Iimitation, 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.
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City of Eagle/Access Idaho SEA Addendum A (PayPort)
e. City shall provide to the Portal Manager written notification as to what City account
is to be used for the Statutory Fees.
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 identified in Exhibit [a] 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, state 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. Term and 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.
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City of Eagle/Access Idaho RA Addendum A (PayPor!)
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.
ii) 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 programs used to access the administrative interface.
Computer programs used by the Portal Manager shall:
i) Protect information from unauthorized access;
ii) 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.
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City of Eagle/Access Idaho SLA Addendum A (I'ayPort)
IN WITNESS WHEREOF, the parties have executed this Addendum the day and year listed
below on the City signature lines.
City of Eagle Council Members
I / •
By: / / I- D .A.rA=-_ Date: 9/////
rReynolds, Mayor
By: --------- Date: 7///e0/
_C>is..---
•
John Grasser
By: Azi,_r i Date: 9/////
Michael Huffaker
1
C
_
By: Date: j/ 7 (7
Non-., Semanko (----____
/1 j
By: _
y: :. � _.._ Date: ��/�//
Al Shoushtarian ��tiF.6t`G0"6"1�° BQ�
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f'-,:��" ,0�' ? '1'1„ %,r, %
ATTEST: ''2 :'��
AI _ � 4. - - '1.y ' iz ` :" '' i `bate: 9—/—//
haron • . Bergmann, City Clerk/ !reasurer
Idaho Information Consortium, LLC (d.b.a. Access Idaho)
By: i (v,1/ 16.----
_ Date: f
J,/ . . alker, President
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City of Eagle/Access Idaho SLA Addendum A (PayPorn)
Exhibit [a]: Optional
1'rutluct
'N I'ricc ()uo-mtik fut,tl
USB Keyboard Emulation Mini Swipe Reader. 21040109. $85 V
Tracks,I &2 While
USB Keyboard Emulation Mini Swipe Reader 21040110 $85
Tracks l&2 Black
MAGTEK CARD READER
FEATURES
• Keyboard emulation
• Powered by US13 (No
external power supply
required)
• Scans either direction
• Includes 11SB interface "
• Green/red LED y
• Part#21040109
• .CvvvS.nur!tel.coin '• 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) Figure 1 Magtek Credit Card Reader
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