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Home My WebLink About010311_ca03 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Ruth Gordon, Jefferson County Clerk DATE: J/1J~-'-L SUBJECT: Contraet with Online Payment Vendor, nCOURT STATEMENT OF ISSUE: The Clerk accepts credit card payments through vendors who provide the service of facilitating payments between the user and the County. This allows us to take credit/debit card payments for Legal Financial Obligations, filing fees, docmnent copies, etc. nCOURT is a online payment service provider who offers greater security of payments at no cost to the County and I would like to begin to use their services in the interest of protecting public funds from loss. ANAYLSIS: It has come to the Clerk's attention that it is the policy of our current credit card vendor, and indeed all other online payment vendors interviewed - with the exception of nCOURT - to reverse disavowed credit card payments and leave the payment recipient (the County) to collect the reversed payment if possible. In the instance of Legal Financial Obligations, disbursements are made to third parties upon verification of payment. But federal law allows credit card users to challenge payments many months after the charge appears on their statement. It is not nCOURT's policy to pass chargebacks through to their customers. In the event of a chargeback to our account the taxpayers will not have to absorb the loss. nCOURT will do that for us as part of their service. I see this as reason enough to change credit card payment service providers as quickly as practical. FISCAL IMPACT: Credit card service providers make their profit by charging a convenience fee to users. This wonld be analogous to the merchant fee private businesses pay to credit card companies which governments do not charge. So, there is no out of pocket cost to the County no matter which payment provider we use. The potential fiscal impact is zero to "not-a-negative." We might never have a chargeback, but switching to nCOURT should reduce our risk of loss through chargebacks to nothing. RECOMMENDATION: Approve the attached agreement and let me know when we can link our payments page to nCOURT. REVIEWED BY: a/~ Date [] ORIGINAL nCourtTM Date:November 8, 2010 Jefferson County Washington Clerk 1820 Jefferson St. Port Townsend, WA 98368 As requested, this letter agreement ("Agreement") with the Jefferson County Clerk sets forth our mutual understanding of the terms and conditions pertaining to nCourt LLC providing Jefferson County Clerk with an online payment program. For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. nCourt LLC ("nCourt") is a government services technology company that, among other things, provides a website that permits offenders to pay fees set by state statute, judgments and court-imposed fines, costs and penalties, including, but not limited to Legal Financial Obligations ("LFO's.') on-line with a credit or debit card (the "Program"). 2. nCourt shall build, host and maintain a court-speclfic website(s) for the Jefferson County Clerk, WA with the URL, www.jeffersonwaclerk.com (and other URL's). 3. All costs for development, hosting, application, processing, customer service and merchant fees related to the Program are underwritten by a 'user fee' included in the payment transaction. 4. There Is no cost to the County for the implementation and oparation of the Program. The County is not required to hire, retain or utilize additional staff persons for the implementation of this Agreement 5. The County will, to the eXlent same is feasible given current technology and current software compatibility, update nCourt's database, on a regular basis to be determined by the parties, with data on all open LFO's from the County's server. Once uploaded to a secure nCourt Internet site, the information will be stored for access and payment by the offender. Accounts will be searched by account number and the first and last name or similar identifying characteristic of the payer (for premium service). 6. When a payment is authorized, nCourt will provide e-mail notification to the County bye-mail. County employees will update the court case management system with payment information upon the email notification by nCourt 7. The party making an online payment through nCourt will be simultaneously advised that the transaction has been completed. 8. Payments are deposited daily Into a custodial account and transferred by check or ACH Electronic Transfer to the Jefferson County Clerk on a basis to be determined by the parties. The payment will be accompanied by a reconciliation detailing the paid LFO's or other clerk's fees included. Any money transfer fees charged to nCourt for this transfer to the Jefferson County Clerk will be absorbed by nCourt nCourt will provide the reconciliations daily. 9. nCourt guarantees to the Jefferson County Clerk all fees collected, regardless of any charge back issues. Refunds or rebates of credit card charges rejected or retumed for any reason, including, but notlimiled to, fraud, 104 Springfield Center Drive, Suite 112 . Woodstock, GA 30188 . (770) 51~919 . (800) 701-8560 500 East ~lh Street, #l1H. New York, NY 10028. (212) 472-8538 D ORIGINAL nCourtTM disavowal of payment (denial), identity theft or theft shall be the sole responsibility of nCourt. nCourt shall not be authorlzed to debit any bank account of the Jefferson County Clerk, WA 10. Upon notification of a change In any fine amount which has not yet been entered Into the County's database (and therefore Is not in the nCourt system), nCourt will take necessary action to secure the additional funds or refund an overpayment. 11. The Jefferson County Clerk will Identify any LFO which Is ineligible for online payment. 12. nCourt shall provide a toll-free telephonic customer servlca function to ensure that members of the public utilizing the Program have a satisfactory experience that does not require the technological assistance of County personnel. 13. In order to ensure high utilization of the Progrem and thereby further streamline payment processing, the website address shall be provided to the defendant with hislher Judgment and Sentence or other document reflecting the fees, penalties and costs owed by the defendant or debtor. The ISSUing office may also deliver a printed document to the payer upon the issuance of the document reflecting the debt or LFO's which contains the website address. Links from other websites will also be explored within six (6) months of the date this Agreement Is executed by the last party to sign same. Additionally, County administrative staff are encouraged to routinely advise telephone callers of the County's website(s) which should create greater utilization and reduce telephone inquiries to the County. 14. The disclaimer language to appear on the website is contained In Appendix A, attached hereto. 15. This Agreement may be terminated by the Jefferson County Clerk at will. 16. This Agreement represents the final agreement of the parties. No amendment or modification of this Agreement shall be valid or binding upon either party unless made in writing and signed by the party against whom it is to be enforced. 17. This Agreement has been executed and delivered In the State of Washington, and all questions with respect to the construction of this Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the applicable provisions of the laws of the State of Washington without giving credence to the conflicts of law provisions thereof. 18. The County will have access to full detail on all relevant transactions processed by nCourt upon reasonable notice. o ~ By Agreed and Accepted By: Agreed and Accepted s ~ o .... 19. The parties acknowledge that they have executed this Agreament as of the date and year first above written. Sincerely, nCourt LCC ~ David Sullivan, County Commmlssioner i2 o 104 Sprlngfleld Center Drive, Suite 112 . Woodstock, GA 30188. (770) 516-4919 . (800) 701-8560 500 East 85th Street, #l1H. New York, NY 10028. (212) 472-8538 '" <<l 't:l ~ 8 8:: < "'> ci ~~ ~J o~ APPENDIX A ::~~f'~~~~~~'~-~';a~~~~~ .~~~~~~ Partldpallon fritlll5j>toCess ,,",,,}1 ",ttiatjoDefeClrt>rti<:alIy V1!rilY ~slgnature thTough an onIItle de!lll:<i credftcilrd transaction. By d()!jjg sO, \'011 ~lhahoo _.~lha age(ll'algbtaan andcompatenll:otol11:l'ad:lnW..llInlllOti:.___....._. II msa~~"',;~,~yaiJF.:~..,.~t!f'ITt~i:l~"-~~~~Hf.ifmffi Olmmelltfj)WlUj: p"""".... :tli1sin:SupenorCwrtbaveal:readybeen. _ :emJVittcdoft1le-CrimeandlorthoCOlirt-- ..._.fOon<fthom1Dbo.,-"" I>e!itOf.,TJuis. niB-not nccessmy1o_- - ""'''''''''p'eadingsWItyond. ~__1D_br ~!lild_lilllto~