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HomeMy WebLinkAbout070615_ca11JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Ruth Gordon, Jefferson County Clerk DATE: 7/6/2015 SUBJECT: Contract 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, document copies, etc. Since early 2011 we have enjoyed a productive working relationship with nCourt. nCourt is an online payment service provider who offers excellent security of payments at no cost to the County. By executing a new contract with nCourt we can reduce the fees users pay and we will be able to add automatic monthly payments as an option. ANAYLSIS: nCourt was chosen as our credit card processing agent five years ago because they indemnify us against the cost of chargebacks, should such an event occur. This safeguards the taxpayers of our county from having to cover such losses. Now nCourt is ready to offer us automatic payment schedules at the option of the users of the service, and they will reduce the user fee they charge our customers. A new contract is required in order to take advantage of these opportunities. FISCAL IMPACT: Credit card service providers make their profit by charging a convenience fee to users, This would 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 security of not being of risk for chargebacks is very positive for the County. The availability of auto - payments will potentially lead to greater revenue for less effort, but that remains to be seen. RECOMMENDATION: Approve the attached agreement so that we can begin to experience the benefits of lower user fees and easier debt collection strategies. Date nCourt` December 2, 2014 Jefferson County Washington Clerk 1820 Jefferson St. Port Townsend, WA 98368 -6951 As requested, this letter agreement ( "Agreement ") with Jefferson County Clerk (hereinafter referred to as the "Agency "), 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 software that permits government agencies to collect fines, fees and taxes on -line with a credit or debit card (the "Program "). 2. nCourt shall build, host and maintain a Agency - specific website(s) for Jefferson County Clerk with the ate, URL, ' a w w W. j e fFcrsor% ww c1 epic . Cem 3. All costs for development, hosting, application, processing, customer service and merchant fees related to the Program are underwritten by a 'user fee' of 7% included in the payment transaction. 4. There is no cost to the Agency for the implementation and operation of the Program. 5. nCourt will provide a secure website that will allow payers to enter their pertinent information, e.g., citation number and fine amount, and then proceed to pay with a credit or debit card. 6. When a payment is authorized, nCourt will provide e-mail notification to the Agency and will update the Agency's Dashboard with the payment details. Agency employees will accept or reject the payment in the Dashboard and, if accepted, update their databases with payment information. 7. The payer will be simultaneously advised that the transaction has been completed and will receive further notification when the Agency processes the payment in the Dashboard. 8. Payments are deposited daily into a government fees custodial account and transferred by ACH Electronic Transfer to Agency on a weekly basis. The payment will be accompanied by a reconciliation detailing the payments included. Any money transfer fees will be absorbed by nCourt. 9. nCourt guarantees to Jefferson County Clerk all fees collected, regardless of any chargeback issues. In the case of suspected fraud, nCourt may, from time to time, reach out to the Jefferson County Clerk for assistance in pursuing resolution to suspected fraudulent chargebacks. In such instances, Agency agrees to provide reasonable assistance to nCourt in these efforts. Such support may include providing documentation, call records, and /or in cases of documented fraud, reinstatement of the underlying citation. 10. Upon notification of an over- or under - payment of any fine amount, nCourt will refund an overpayment or notify the payer via automated email of their under - payment and remaining amount due. 11. If there are designated payments which are ineligible for online payment, the Agency will be able to reject the payment through the Dashboard. Payers will be notified by automated email. 955A Cobb Place Blvd ■ Kennesaw, GA 30144 ■ (770) 516 -4919 ■ (888) 912 -1540 nCourt TM 12. nCourt shall hold harmless, indemnify and defend Jefferson County Clerk, and all of his officers, employees and/or officials from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature that may be asserted by any person or entity arising from or in connection with the collection of payments by credit or debit card or through internet transactions pursuant to the terms of this Agreement. 13. nCourt shall provide a toll -free telephonic customer service function to ensure that members of the public utilizing the Program have a satisfactory experience that does not require the technological assistance of Agency personnel. 14. In order to ensure high utilization of the Program and thereby further streamline payment processing, the website address shall be printed on all invoices. Links from other government websites will also be explored. Additionally. Agency administrative staff should routinely advise telephone callers of the Agency's website(s) which should create greater utilization and reduce telephone inquiries to the Agency. 15. The disclaimer language to appear on the website is contained in Appendix A, attached hereto. 16. This Agreement may be terminated by the Agency at will but with 60 days prior notice. 17. 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. 18. 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. 19. The parties acknowledge that they have executed this Agreement as of the date and year first above written. Agreed and Accepted: Date: as form 013 a4J_ 14 l �, !e Co. Prosecuto✓efty David Alvarez, Chief Ci nCourt LLC By: W ,letrw Title: erh Date: 10114 ORIGINAL 955A Cobb Place Blvd ■ Kennesaw, GA 30144 ■ (770) 516 -4919 ■ (888) 912 -1540 nCourtTM APPENDIX A Terms Agreement To continue to pay this payment you must accept the following TERMS OF USE. Please read and understand, completely, the following terms and press the "ACCEPT TERMS" button to continue to payment or press the "DECLINE TERMS" button to return back to the previous screen. Disclaimer and Limitation of Liability THE WEBSITE AND ONLINE PAYMENTS SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON - INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE, YOUR USE THEREOF OR ANY OF THE DATA TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM. You agree not to challenge the use of any electronic payment and additionally agree that any action brought by the owner of this website against you to enforce any electronic payment for which any benefit has been provided to you in any way shall entitle the owner to per se probable cause for criminal action for theft of services or for civil recovery of all fees paid, plus process fees, plus costs, plus attorney fees, plus any incidental or associated damages proven. The submission process uses Secure Sockets Layer (SSL) encryption to virtually eliminate the possibility of unauthorized access to your private information while it is transferred across the Internet. Your personal data is NOT stored on computers administered by the owner of this website. However, by submitting this information electronically you are acknowledging that the owner of this website assumes no liability for data submitted via this Internet platform. This agreement is governed by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely in Washington. Any cause of action under this agreement shall be brought in the State of Washington. This Agreement sets forth the entire understanding between the parties. Decline Terms I Accept Terms nCourt © 2011 955A Cobb Place Blvd ■ Kennesaw, GA 30144 ■ (770) 516 -4919 ■ (888) 912 -1540 Important Notice about Changes to your Card Processing and Service nCourt LLC partners with Vantiv, LLC and Fifth Third Bank. Please sign the bottom of this form and return it to us immediately as confirmation of understanding the terms and conditions of our service. This will allow for uninterrupted funding. Jefferson County Clerk, ST understands that nCourt LLC will continue to provide customer support and billing associated technology services. Jefferson County Clerk hereby authorizes Vantiv, LLC. to fund a bank account designated by nCourt LLC for your benefit and to make direct deposit of Visa, MasterCard, and Discover funds into this account. Vantiv, LLC will debit an account owned and designated by nCourt LLC: (1) for the discount fees, and other charges incurred in connection with Jefferson County Clerk card processing; (2) for all chargebacks and adjustments; (3) for arbitration fees, fines, penalties, etc. charged by the associations incurred as a result of Jefferson County Clerk card processing; and (4) for any other amounts described in the Sub - Merchant Agreement Terms and Conditions. Jefferson County Clerk has read, understands and agrees to be bound by the terms and conditions of the Merchant Service Agreement attached hereto, which is hereby incorporated by reference and may be modified or amended from time to time. By: Signature Name: Print Name Title: Date: MERCHANT SERVICES AGREEMENT FOR SUB - MERCHANTS This MERCHANT SERVICES AGREEMENT FOR SUB- MERCHANTS ('Agreement°) is made among VANTIV. LLC, having Its principal office at 851X1 Governors Hill Drive, Symmes Township, OH 45249 -1384 and its designated Member Bank (collectively 'Acquirer) and ("Sub- merchal in conneclon with the agreement between Sub - merchant and NCOURT, LLC ( "Providi Acquirer will provide Sub+nerchant with certain payment processing services (- Services") in accordance with the terns of this Agreement. In consideration of Sub - merchant's receipt of credit or debit card funded payments, and participation in programs aFlisted with MasterCard Intemalional Inc. ("MasterCard"), VISA U.S.A. Inc. ( "VISA "). Discover ( "Discover'), and certain similar entities (collectively. "Associations), Submerchant Is required to comply with the Operating Regulations (defined below) as they pertain to applicable credit and debit card payments. In addition, if Sub -merchant meets certain requirements under the Operating Regulations or an Association or the Operating Regulations otherwise require, Sub - merchant may be required to enter into a direct relationship win an entity that is a member of the Associations. By executing this Agreement, Sub - merchant has fulfilled such requirement. However, Acquirer understands that Sub - merchant may have contracted win Provider to obtain disdain processing services and that Provitler may have agreed to be responsible to Sub+nerchant for all or pad of Sub - merchant 's obligations contained herein. NOW, THEREFORE, in consideration of the foregoing recitals and of Me mutual promises contained herein, the parties agree as follows. 1. Cartaln Sub-mercbard Responsibilities. Sub - merchant agrees to comply, and to cause third parties acting as Suh- merchants agent ('Agents") to comply, with be Association's and other payment network's by -laws, Operating regulations and/or all other rules, policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations or payment networks (collectively "Operating Regulations) Submerchant may review the VISA, MasterCard and Discover vaimutes for a copy of the Visa, MasterCard and Discover regulations. The wabsites are: nithi ea.visa.oaremerchanisl and htlpalwww .mastemard.comluslmerchai and hdp: l/ www .discovernetwmrk.coMmerchantsl. Sub- merchant also agrees to comply with all applicable state, federal, and local laws, rules, and regulations ('laws'). Without limiting the foregoing, Sub - merchant agrees that it will fully comply with any and all and-money laundering laws and regulations, including but not cooled to the Bank Secrecy Act, the US Treasury s Office of Foreign Assets Control (OFAC) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited m, Sub - merchant's software providers and /or equipment providers. K appropriately indicated in Sub - merchant's agreement with Provider Sub - merchant may be a limited- acceptance merchant, which means that Sub-marchant has elected to accept only certain Visa and MasterCard card types (ia., consumer credit, consumer debt, and commercial cards) and must display appropriate signage 0 indicate the same. Acquirer has no obligation other than those expressly provided under the Operating Regulations and applicable law as they may relate to limited acceptance. Sub - merchant, and not Acquirer, will be solely responsible for the implementation of its decision for limited acceptance, including but not limited to polldig the card types) accepted at the point of sale. Sub - merchant shall only complete sales transactions produced as the direct result of bona fide sales Trade by Submerchant to cardholders, and is expressly prohibited from presenting sales transactions which are produced as a result of sales made by any person or entity other Aran Sub - merchant, or for any purposes related to any illegal or prohibited activity, including but not limited to money - laundering or financing of terrorist activities. Submerchant may set a minimum transaction amount to accept a card that provides anneals to a credit account, under the folowing conditions: i) the minimum transaction amount does not diRerenliale between card issuers: it) the minimum transaction amount does not differentiate between MasterCard Visa, or any other acceptance brand; and iii) the minimum transaction amount does not exceed ten dollars (or any higher annum established by the Federal Reserve). Subnerchant may set a maximum transaction amount to accept a card that provides access 0 a credit account, under the following conditions: Sub - merchant is a i) department, agency or instrumentality of the U.S. government, in corporation owned or controlled by the U.S. government; or iii) Sub - merchant whose primary business is receded by one of the following MCCe: 8220, 8244, 8249 — Schools, Trade or Vocational: and the rreximam transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand. 2. Sub - merchant Prohibitions. Sub - merchant must not 1) require a caNholder to complete a postcard or similar device that includes the cardholders account number, card expiration data signature, or any other card account data in plain New when mailed ii) add any tax to transactions, unless a,dica la law expressly requires that a Sub - merchant impose a tax (any tax amount, if allowed, must be included in the transaction amount and not conacted separately), in) request or use an account number for any purpose other Nan as payment for its goods or services, Iv) disburse funds in the forth of travelers checks if the ads purpose is to allow the cardholder to make a cash purchase of goods or services from Sub. merchant, v) disburse funds in the form of cash unless Sub- merchant is dispensing funds in the form of travelers checks, TravelMoney cams, or foreign currency (in such case, the transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee chargetl by the Sub - merchant), or Sub - Merchant is participating in a cash back service, vi) submit any transaction receipt for a transaction that was previously charged back to the Acquirer and subsequently returned to Submerchant, irrespective of landholder approval, vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer 0 collect or handsome an existing dent, viii) accept a writ to collect or refinance an existed, debt that has been deemed unodledable, or ix) submit a transaction that represents collection of a dishonored check. Sub - merchant further agrees that, under no dreumstance, will Sub- rwrchant store cardholder data in vitiation of the Laws or the Operating Regulations including but not limited b the storage of track -2 data. Neither Sup - merchant nor its Agent shall retain or store megn bci stripe data subsequent to the authorization of a sales transaction. 3. Settlement. Upon receipt of Submerchant'. sales data for writ transactions , Acquirer will process Sub - merchant's sales data to facilitate the funds transfer between the various Association and Sub - merchant, After Acquirer receives credit for such sales data subject to the terns set forth herein, Acquirer witl fund Sob- rnarchant either directly to the Sub- merchant -Owned Designated Account or through Provider to an account designated by Provider ('Provider Designated Account'), at Acquirers discretion, for such writ transactions. Sub - merchant agrees that the deposit of funds to the Provider Designated Account shall discharge Acquirer of its settlement obligation to Sub- cancha 1, and that any dispute regarding the receipt or amount of settlement shall be between Provider and Submerchant. Acquirer will debit the Provider Designated Account for funds roved to Acquirer as a result of the Services provided hereunder, provided that Acquirer may also debit Sub- merchant 'a designated demand deposit account ( "Sub- merchant -Owned Designated Account ") upon receipt of such account information from Sub- merchant or Provider, or if Acquirer deposits settlement funds into the Sub - merchant -Owned Designated Account. Further, If a caNholder disputes a transaction, if a transaction is charged back for any reason, or if Acquirer reasonably believes a lransackpn is unauthorizetl or otherwise unacceptable, the amount of such transaction may be charged back an debited from Sub- merchant or Provider. 4. Term and Termination. This Agreement shall be binding upon Sub - merchant upon Submarchant's execution. The term of this Agreement shall begin, and the tens M the Agreement shall be deemed accepted and binding upon Acquirer, on the data Acquirer accepts this Agreement by issuing a merchant identigcalJon number, and shall be coterminous with Provider's agreement with Sub - merchant. Notwithstanding the foregoing, Acquirer may immediately cease providing Services andlor terminate this Agreement without notice it (i) Subanerchant or Provitler fails to pay any amount to Acquirer when due, (it) in Acquirers opinion, provision of a service 0 Sub- merchant or Provider may be a violation of the Operating Regulations or any Laws, (iii) Acquirer believes that Sub - merchant has violated or is likely to violate the Operating Regulations or the Laws, (iv) Acquire determines Subererchant poses a financial or regulatory risk to Acquirer or an Association, Iv) Acquirers agreement with Provitler terminates, (vi) any Association daregistars Provider, (vii) Acquirer ceases to be a member of the Associations or fails to have the required licenses, or (viii) Acquirer is required to do so by any of the Associations. 5. Limits of Liability. Sub - merchant agrees to provide Acquirer, via a communication with Provider, with written notice of any alleged breach by Acquirer of this Agreement, which notice will spedfically dental such alleged breach, within thirty (30) days of the date on which the alleged breach first occurred, Failure to so provide notice shall be deemed an acceptance by Sub - merchant and a waiver of any and all rights to dispute such breach. EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, ACQUIRER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sub - merchants sole and exclusive remedy for any and all daims against Acquirer arising out of or in any way related 0 the transactions contemplated herein shall Its termination of this Agreement. In the event that Sun-merchant has any claim arising in connection with the Services, rights, and /or obligations defined In this Agreement, Sub- merchant shall proceed against Provider and not against Acquirer, unless otherwise specifically set forth in the Operating Regulations. In no event shall Acquirer have any liability to Sub - merchant win reaped to this Agreement or the Services. Sub - merchant acknowledges Acquirer is only providing this Agreement to assist in Providers processing relationship with Submerchant, that Acquirer Is not liable for any soon d failure to act by Provider, and that Acquirer shall have no liability whatsoever in connection word any products or services provided to Sub - merchant by Provider, H Provider is unable to provide its serams to Sub. merchant in connection with this Agreement and Acquirer elects to provide Mass services directly, Sub- rrsrchant acknowledges and agrees that the provisions of this Agreement will no larger apply and the teens of Acquirer s then current Bank Card Merchant Agreement, which would be provided to Sub - merchant will govem Acquirers relationship with Sub - merchant. If Provider subsequently provides its services to Sub- rwrchant in connection with this Agreement, Acquirer wit cease to provide such services after receipt of notice from Provider and this Agreement will govem Acquirers relationship with Sub -merchant. 5. Misce4lanaous. This Agreement Is entered into governed by.. and construct pursuant 0 the laws of the Stale of Ohio without regard to confide of law provisions. This Agreement nay not be assigned by Sub. merchant without the prior written consent of Acquirer. This Agreement shall be binding upon and inure 0 the benefit of the parties hereto and their respective successors, transferees and assignees. This Agreement Is for the benefit of, and may be enforced only by, Acquirer and Sub+rerchant and is not for the benefit of and may Trot be enforced by, any other parry. Acquirer may amen this Agreement upon notice b Submerchant in accordance with Acquirers standard operating Procedure, H any provision of this Agreement is determined! to be illegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Agreement will be conabued as if such provision is not contained in the Agreement "Member Bank' as used in this Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Agreement As of the commencement of this Agreement, Member Bank shall be Fifth Third Bank, an Ohio Banking Corporation, located in Cincinnati, OH 45263. The Member Bank is a party to this Agreement The Member Bank may be changed. and its rights and obligations assigned to another party by Acquirer at any line without notice to Sub- merchant. IN WITNESS WHEREOF, this Agreement has been executed by Sub+nerchant'9 authorized officer as of the date set forth below. By: Name: Title: Date'. Address'.