HomeMy WebLinkAbout2000 NS Tax - Approval of Contract for Acceptance of Credit Card/Check-Debit Card for Payment of Ad Valorem Tax 1
Official Payments Corp.
' GOVERNMENT SERVICES AGREEMENT 5
This Agreement is made and entered into this 13 day of June,2000,by and between Official Payments Corp.a Delaware corporation(hereinafter
referred to as"OPC"),and Orange County,(hereinafter referred to as"GOVERNMENT ENTITY"). The term"OPC"shall refer to the company,its
employees,its agents,and its subcontractors.
In consideration of the mutual understandings herein contained,GOVERNMENT ENTITY and OPC agree as follows:
1. DEFINITIONS
The following terms will have the following meanings:
A. "Card"means an unexpired and valid credit transaction card bearing the service marks of VISA, MasterCard, American Express or
Novus/Discover Card Services,or other service marks as mutually agreed upon by GOVERNMENT ENTITY and OPC.
B. "Cardholder"means the person whose name is embossed on the Card,and whose name also appears signed on the reverse side.
C. "Charge Back" means a reversed or rejected Card Transaction or a Card Transaction in which the Cardholder or the Card Issuer
questions or disputes the validity of a transaction posted to a Cardholder's account.
D. "System"means the Official Payments Corp.processing system or systems.
E. "Card Transactions"means those transactions generated by Cardholders via the System and for the purpose of Cardholders making
payments of fines,fees,and/or taxes to GOVERNMENT ENTITY.
F. "Convenience Fees"means the fees charged to a Cardholder, in addition to the amount to be paid to GOVERNMENT ENTITY, for
the convenience that the Cardholder gains by utilizing the System.
2. SCOPE OF AGREEMENT
A. Pursuant to this Agreement,the obligations of OPC are:
1) To settle GOVERNMENT ENTITY'S Card Transactions to the appropriate Card associations,Card networks and Card issuers.
2) To pay GOVERNMENT ENTITY the gross amount of its Card Transactions, including the Cardholder's Convenience Fees.
OPC will have the right, on a monthly basis, to invoice GOVERNMENT ENTITY for all Convenience Fees paid to
GOVERNMENT ENTITY.
3) To provide processing services for the purpose of accepting various Cards as agreed to by both parties. OPC shall provide for
the acceptance of fines,fees,taxes and/or other obligations owed to GOVERNMENT ENTITY.
4) To store and retrieve Card Transactions for a minimum of thirty-six (36)months from the transaction date. This responsibility
shall survive the termination of this Agreement.
5) To electronically transmit all Card Transactions to the designated processing center, in real time, as the transactions occur.
The System will balance and reconcile each day's electronically captured transactions on a daily basis. The System will,when
necessary as a result of such reconciliation,process all appropriate adjustments.
6) To clearly disclose Convenience Fees to Cardholders prior to completing the Card Transactions.
7) To cause an authorization code to be obtained on every Card Transaction.
B. Pursuant to this Agreement,the obligations of GOVERNMENT ENTITY are:
1) GOVERNMENT ENTITY will adhere fully to the rules and regulations of the various Card associations,Card networks and Card
issuers.
2) GOVERNMENT ENTITY will not impose any surcharges on Card Transactions made under this Agreement. Convenience
Fees,assessed by OPC,are permitted for those Card Transactions that are processed via the System.
3) GOVERNMENT ENTITY will not require a Cardholder, as a condition for honoring a Card, to agree in any way to waive the
Cardholder's rights to dispute the transaction with the Card issuer.
4) Prior to including any Cana specific logos or marks in any signs or in any printed and broadcast materials, GOVERNMENT
ENTITY will obtain written approval for such usage from OPC.
5) GOVERNMENT ENTITY will establish and maintain a reasonable adjustment policy to accommodate adjustments that are
required in the normal course of GOVERNMENT ENTITY'S daily operation. GOVERNMENT ENTITY may restrict its
adjustment policy, provided that a proper disclosure of such restriction is made to Cardholder at the time that the Card
Transaction takes place. Proper-disclosure may not include any statement that in any way waives a Cardholder's right to
dispute the transaction with the Card issuer.
Official Payments Corp.,Stamford,CT
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Official Payments Corn
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s) OPS will have the right, at any nme, to invoice GOVERNMENT ENTITY for all incoming Charge oode, or other types of
returned items, that are deemed palid and proper by any of the Card associations, Card networks, Con1 issuers or any other
appropriate regulatory agency. OPCwiU only charge GOVERNMENT ENTITY the original amount x,the Card Transaction that
was originally paid m GOVERNMENT ENTITY. opo will ue responsible for the Convenience Fees and any service fees eiaieu
to the Charged Back Card Transaction,excluding GOVERNMENT ENTITY's bank fees,if any.
7) To be responsible for all promotion and advertising oxthe cam payment program. GOVERNMENT ENTITY will print the
System's telephone number on all citations and notices.
w) GOVERNMENT ENTITY agrees that the Official Payments Corp.System shall be their exclusive Card acceptance service and
agrees not voaccept Card payments o,e"xxe-uounuor.mmughmomai|.o,mnoug»mnvome,eomicu.
u. COSTS AND PAYMENTS
A. oPC shall provide all services otno cost oo GOVERNMENT ENTITY. opC agrees m pay all Card processing fees on behalf ov
GOVERNMENT ENTITY.
o. For vima. MasterCard, Discover and American Evpmom oan000unno. 0pC shall be responsible for routing the GOVERNMENT
smT|Trs mnuo to the GOvsewMswT EwT/n,s bank account via wCH transactions. ommo| Payments Corp. mxau mwmoe
GOVERNMENT ENTITY ona monthly basis for the Convenience Fees. All expenses associated with Visa, MasterCard, Discover
and American Express will ue paid uvopC.
C. GOVERNMENT ENTITY will pay all OPC invoices permitted under this Agreement,without delay,and never longer than thirty(30)
calendar days from the date nf the invoice.
a. TERM OrAGREEMENT
This Agreement shall commence on the date the System is first thereafter.
Termination of this Agreement shall be by thirty(30)day written notice and may be given by either party. Said termination notice shall be
considered to be rendered when placed in the United States Postal System,postage prepaid,via registered or certified mail,for delivery to
the other party. Upon termination,both parties shall be released from all contractual obligations to the other party;excluding Card related
liabilities and obligations of either party,pursuant to the rules and regulations of the various Card associations, Card networks and Card
issuers,including but not limited to the right of OPC to continue charging valid Charge Backs to GOVERNMENT ENTITY for the term and
to the extent provided for in such rules and regulations;and further excluding the Sections of this Agreement entitled Scope of Agreement,
Non Disclosure and Indemnification.
s. EMPLOYMENT STATUS
in performance of the services referenced herein,OPC is,and shall remain,on independent contractor,and is not an agent m,employee
uf GOVERNMENT ENTITY.
e. RECORDS AND AUDIT
OPC will keep complete and accurate records for the services perforrned pursuant to this Agreement and any records required(I)by low;
(ii) by governmental regulation; (III)by Card issuing banks, Card associations, Card networks, or (iv) by any other ruling or regulatory
agencies having any jurisdiction over either party, except as prohibited by law. OPC shall make all records available for audit to
GOVERNMENT ENTITY at OPC!s location,and upon reasonable written request of GOVERNMENT ENTITY.
r. OvvwsmS*|p
A. GOVERNMENT ENTITY retains for itself,and OPC acknowiedges that GOVERNMENT ENTITY so retains of
ownership to all Card transaction records entered into the OPC database, as a result of Cardholders using the System. Card
transaction settlement files created by OPC and submitted to VISA,MasterCard,Discover or American Express,ultimately resulting
in a credit to GOVERNMENT ENTITY's bank account,shall become the property of OPC.
B. Official Corp.retains for Itself,and GOVERNMENT ENTITY acknowledges that OPC so m*emo ownership and rights of
ownership bp all Systwmm.telephone lines and telephone numbers,connected to OPC's data center used in the performance of this
Agreement.
a. wOw-o|SCu»SVRs
A. Both parties expressly covenant and agree that they will not,at any time during, and for one year following the termination of this
Agreement by either party and for whatever remmon, reveal or make known to any person, §mn, or corporation, any information
disclosed m ituv the other, relating to the terms of this Agreement, Card Transaction data, uummoao p|ana, product research and
development plane customer relationships, supplier relationships, project and sales opportunities, proposal or um strategiaa,
corporate strategies,or any information which has been marked"Confidential"by the disclosing party,including,but not limited to,all
information relating vnopC'sSystems.
Official Payments Curp.'Stamford,CT
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Official Payments Corp 7
B Notwithstanding the fact that confidential information may be disclosed, it is understood and agreed that all such information shall
remain the property of the disclosing party and no use shall be made of such information except as is required by the terms of the
business relationship between the parties in accordance with the instructions,and with the consent of the disclosing party.
C. Neither party shall copy, photograph, photocopy or in any other manner reproduce or cause reproduction to be made of any plans,
specifications, formulae, instructions or any other document or information furnished to it without the express written permission of
the other party. Neither party will disclose any verbal confidential information which may be communicated to it. Immediately upon
termination of the business relationship between the parties,whatever may be the reason for such termination,or at the request of
either party,each party shall return to the other all plans,equipment,specifications,formulae,instructions and any other documents
or information delivered or communicated to it by the other party.
D. Notwithstanding anything to the contrary herein before set forth or implied, the obligations of non-use and maintenance of
confidentiality shall not apply to any information:
1) which,at the time of disclosure,is part of the public domain;
2) which,at the time of disclosure,is already known to the recipient thereof or its employees;
3) which,subsequent to the time of disclosure,becomes part of the public domain by reason of authorized publications;or
4) which is required to be released,as a direct result of the issuance of court orders or subpoenas,or as may be directed by
Card issuing banks,Card associations,or any other ruling or regulatory agencies having any jurisdiction over either party,
or as a result of their published rules and/or regulations,except as prohibited by law.
E. These non-disclosure provisions shall survive the termination of this Agreement.
9. INDEMNIFICATION
A. OPC agrees to indemnify and hold the GOVERNMENT ENTITY,its governing body and member,directors,officers,employees and
agents("GOVERNMENT ENTITY Parties")harmless from and against any and all liability,demands,claims,actions,loses,interest,
costs of defense,and expenses(including reasonable attorney's fees)which arise out of its acts or omissions in connection with this
Agreement,except for the GOVERNMENT ENTITY Parties'negligence or willful misconduct.
B. GOVERNMENT ENTITY agrees to indemnify and hold the OPC, its directors, officers, employees and agents ("OPC Parties")
harmless from and against any and all liability,demands, claims,actions, loses, interest, costs of defense, and expenses(including
reasonable attorney's fees)which arise out of its acts or omissions in connection with this Agreement, except for the OPC Parties'
negligence or willful misconduct.
C. These indemnification and hold harmless provisions shall survive the termination of this Agreement.
10. THIRD PARTY BENEFICIARIES
Notwithstanding mutual recognition that use of the System under this Agreement may provide some aid or assistance to members of the
GOVERNMENT ENTITY's population,it is not the intention of either the GOVERNMENT ENTITY or OPC that such individuals occupy the
position of intended third party beneficiaries of the obligations assumed by either party to this Agreement.
11. NOTICES
A. MAILING OF NOTICES
All notices,requests,demands and other communications under this Agreement which are required to be in writing shall be deemed
as having been duly given on the date of service, if served personally on the party to whom notice is to be given, or on the date of
mailing, if mailed to the party to whom notice is to be given,by first class mail,registered or certified, postage prepaid,and properly
addressed as follows:
IF TO GOVERNMENT ENTITY: Orange County
Department of Revenue
200 South Cameron Street
Hillsborough,NC 27278
IF TO OPC: Official Payments Corp.
Three Landmark Square
Stamford,CT 06901
B. CHANGE OF ADDRESS
Either party may change the address at which notice may be given by giving ten(10)days prior written notice of such change to the
other party.
Official Payments Corp.,Stamford,CT
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Official Payments Corp.
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12. GENERAL 8
A. This Agreement is the final,entire and complete agreement between GOVERNMENT ENTITY and OPC, and supersedes any prior
and contemporaneous negotiations, understandings, representations and agreements. The terms and provisions of this Agreement
may not be waived or amended except by a written agreement between the parties.
B. Should any provision of this Agreement or any amendment be held by any court to be unenforceable,such defect shall not affect the
remainder of this Agreement,which shall remain in full force and effect.
C. Any failure by OPC at any time to require strict compliance with this Agreement shall not waive or diminish any right of OPC to
demand strict compliance. No waiver of any default by GOVERNMENT ENTITY shall waive or affect any other default by
GOVERNMENT ENTITY.
D. In the event of any dispute in connection with this Agreement, including all addenda, amendments, revisions and periodic
disclosures,the prevailing party shall be entitled to recover costs of suit,including reasonable attorney's fees.
E. OPC is a provider of various Card related products and services in conjunction with Imperial Bank, a California banking corporation.
Imperial Bank will be the VISA and MasterCard Card Transaction settlement bank, providing all related VISA and MasterCard Card
settlement services under the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement,which shall inure to the benefit of and be binding upon the successors of
the respective parties to be signed and entered as of the date first mentioned above.
OPC GOVERNMENT ENTITY
Official Payments Corp. Orange County
Three Landmark Square Department of Revenue
Stamford,CT 06901 200 South Cameron Street
Hillsborough,NC 27278
By: By:
Print: Print:
Title: Title:
Date: Date:
GovOPC06.doc April 10,1990
Official Payments Corp.,Stamford,CT
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APPENDIX F
OFFICIAL PAYMENTS CORPORATION
888-2PAY-TAXSM
Convenience Fee Schedules
Tax Payment Options Only
From To Fees
0 99.99 $ 3
100 I99.99 $ 6
200 399.99_ $ 11
400 599.99 $ is
e00 999-99 $ 25
1.000 1,399.99 $ 35
1,400 1,998.99 $ 49
2=0 2.699.99 $ 68
2,700 , 3,499.99 $ 87
3,500 4,399.99 $ 109
4,400 5,399.99_ $ 133
5,400 8,399.99 $ 159
6,400 7,399.99 $ 187
7,400 8,699.99 $ 218
8,700 10,399.99 $ 262
10,400 12,999.99 $ 329
13,000 17,399.99 $ 437
17,400 20,999.99 $ 525
21,000 27,999.99 $ 699
28,000 35,999.99 $ 899
36,000 , 44,999.99 $ 1,125
45,000 54,989.99 $ 1,375
55,000 , 65,999.99 $ 1,649
66,000 78,999.99 $ 1,
77,000 1 87,989.99 1 $ 2,199
86,000 99,999.99 DL 2,4G9
Tor payments above$100,000 to$10,000,000 please contact your credit card issuer for
pre-approval. Then call Official Payments Corporation at 8001487-4567
V Copyright i 9W.OfficW ftymwo Cap
San Ramon,CA
Combined 888.2PAY-TAX Foe Schedula.doc
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