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Home My WebLink AboutPW Credit Card ProcessingDepartment of Public Works O County Administrator Briefing Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: May 15, 2023 611 Subject: Agreement for Credit Card Processing Statement of Issue: Public Works currently uses Axia/BASYS for credit card transaction gateway and processor services. It is necessary to choose another service provider because Axia-supplied hardware is prone to frequent failure, replacement chip -reading hardware is unavailable for up to 5 months, technical assistance is not provided in a timely manner, and Axia will not provide additional hardware inventory. Analysis/Strategic Goals/Pro's Et Con's: Six (6) credit card transaction service providers whose software is compatible with current scale software were evaluated based on operation -specific performance criteria. CardConnect ranked highest with annual fees estimated to be nearly half those charged by Axia/BASYS. Public Works staff have coordinated merchant service revisions with the Treasurer. Fiscal Impact/Cost Benefit Analysis: Credit card transaction fees are budgeted for annually using prior year transaction counts. Recommendation: Execute the Agreement with CardConnect, LLC. Department Contact: Al Cairns X213 Reviewed By: �.4e b Z 3 Mark McCain , County Administrat 'r Date Merchant Processing Application and Agreement cardconnect, Please review the information below and sign if everything looks right. If you have any questions please contact your representative. SETUP INFORMATION t Sales Code EA2724 Application Platform North BUSINESS DETAILS CONTACT INFORMATION L First Name Cathy Last Name Taylor — Email ctaylor@co.jefferson.wa.us Phone Number 360-385-9163 BUSINESS INFORMATION I. NOTE: Failure to provide accurate information may result in a withholding of merchant funding per IRS regulations. (See Part IV, Section A.4 of your Program Guide for further { information.) —� Business Legal Name Jefferson County Dept of Public Works DBA Name Jefferson County Solid Waste Tax Filing Name Jefferson County Tax Filing Method 0 EIN [] SSN Tax ID (EIN) 91-6001322 Type of Ownership DGovemment 0 Individual / Sole Proprietor 0 LLC 0 Non -Profit Org 0 Private Corporation 0 Partnership 0 Public Corporation 0 Tax Exempt Stock Exchange (Only applicable for Public Corporations) Stock Ticker Symbol (NYSE or NASDAQ) 0 NYSE or NASDAQ 0 Other/Not Applicable I Industry (MCC) 9399_- Government Services (Not Elsewhere Classified) Business Description Public Works - Solid waste disposal + 1 Industry Options 0 Quasi Cash Business Start Date Website cojefferson.wa.us Business Phorm 360-385-0404 BUSINESS ADDRESS BUSINESS LEGAL MAILING ADDRESS Street Address 1 325 County Landfill Road Street Address 1 623 Sheridan Street Street Address 2 City Port Townsend j Street Address 2 City Port Townsend I State Washington ZIP 98368 ^� 1 Stale Washington ZIP 98368 Country United States of America Country United States of America OWNER INFORMATION Please provide the following information for each individual who owns, directly or indirectly, 25% or more of the equity interest of your business, or who have significant responsibility to control, manage, or direct your business. BUSINESS OWNER INFORMATION A" First Name Last Name i Street Address 1 623 Sheridan Street Title a CEO ❑ CFO D COO o LLC Member Owner Partner Street Address 2 City ;Port Townsend President _ I Q Secretary D Treasurer 0 Vice President State Washington ZIP 98368 t % Ownership 0 % Personal Guarantee 0 Yes Country United States of America SSN Date of Birth J Mobile Phone !jl Email Page 1 of 6 CardConnect LLC is a registered ISO of Wells Fargo Bank, N A., Concord, CA GenCP-WF-2602 MPA 02.28.23 ADDITIONAL BUSINESS OWNER (1) First Name Last Name Street Address 1 % Ownership % SSN Street Address 2 I Date of Birth Mobile Phone State Country ADDITIONAL BUSINESS OWNER (2) First Name Last Name Street Address 1 ( % Ownership % SSN Street Address 2 t Date of Birth u Mobile Phone State �._._,...._ Country II ADDITIONAL BUSINESS OWNER (3) First Name Last Name Street Address 1 % Ownership % SSN Street Address 2 Date of Birth Mobile Phone State country ADDITIONAL BUSINESS OWNER (4) First Name Last Name Street Address 1 — % Ownership % SSN Street Address 2 Date of Birth Mobile Phone State country BANKING AND PROCESSING City ZIP City ZIP City ZIP City ZIP DEPOSIT AND WITHDRAWAL BANK ACCOUNT PROCESSING VOLUME Bank Name 1st Security Bank Average Monthly Card Volume $ 111,800.00 Account Type 0 Checking 0 Savings Average Transaction Amount $ 29.00 Routing Number Account Number PRODUCT I SERVICE DELIVERY WINDOWS On average, Products / Services are delivered in In Person 0 0-7 Days 0 B-14 Days 0 15-30 Days D 30+ Days Telephone Online THIRD PARTY PROVIDER + Do you use any third party provider (TPP) to store, process or transmit cardholder data? (Examples include but are not limited to web hosting companies, Electronic Data Capture, Loyalty programs, software) OYes o No If so, please provide third party provider information: TPP Name ^ ^ j TPP Email 1 TPP Phone MODE OF TRANSACTION 100 0 Must total 100% I month Page 2 of 6 CardConnect LLC is a registered ISO of Wells Fargo Bank, N.A., Concord, CA GenCP-WF-2602 MPA 02 28.23 EQUIPMENT Product Name CardPointe Gateway (RapidConnect North) 1 Ship To Attention Justin Miskell Street Address 1 Street Address 2 State Country 623 Sheridan St. WA USA NEW ORDERS Network Qty Price" Frequency Cardnet ` 1 Clover Menu Requested ' Price does not include tax and shipping & handling. } SHIP EQUIPMENT TO Ship To Email jmiskell@co.jefferson.wa.us City Port Townsend ZIP 98368 MERCHANT SERVICES PAYMENTS ACCEPTED DISCOVER American Bvress ESA Discover Full ACQ Masterow visa Discover Program 0 Discover Full ACQ 0 Discover EASI AMERICAN EXPRESS � Discover EASI SE Discover Industry Options Amex Program Amex OptBlue Amex ESA 0 Enable Incremental Authorizations Amex ESA SE 0000000000 IATAIARC Number _ 0 Debt Repayment Program PRICING INFORMATION PRICING Discount Frequency Funding Rollup 0 Monthly 0 Daily D Net Fees and Deposits 0 Separate Fees and Deposits 0 Individual Batches DUES & ASSESSMENTS 0 Dues & Assessments In addition to the fees described in this Merchant Appticalion and Agreement, you must pay us all Card Organization Charges. "Card Organization Charges° means all fees, charges, liabilities. or obligations that a Card Organization Imposes on us (1) In connection with your acceptance of its payment types, (2) in connection with the transactions processed under your MID, (3) as a result of your acts or omissions. or (4) as a resuh of the acts or omissions of others that act on your behalf or that provide services to you. Card Organization Charges are not subject to the consequential damages exclusion in Section 28 of the Program Guide and include but are not llmited tot assessments (including but not limited to dues. issuer reimbursements, fines, penalties, and fraud recovery tosses); tees established by the Card Organizations (including but not limited to access fees, switch fees, and file fees). adjustments; and Chargebacks. Page 3 of 6 CardConnect LLC is a registered ISO of Wells Fargo Bank, N.A., Concord, CA GenCP-WF-2602 MPA 02.28.23 PROGRAM T .1 Merchant Surcharge Program A Surcharge is an additional fee that you add to relevant transactions as permitted by the Card Organization Rules and applicable laws (together, Applicable Laws). By choosing to assess a Surcharge and participate in this "Merchant Surcharge Program" (MSP), you agree that you are solely responsible for: (1) complying with all Applicable Laws and the Your Payments Acceptance Guide (which is contained in your Program Guide); (2) properly and clearly disclosing the existence and amount of any Surcharge to Cardholders in accordance with Applicable Laws; and (3) ensuring any Surcharge you add to a transaction does not exceed the limit provided in the Card Organization Rules. MSP is provided to you only by Processor and not by Bank.. You also agree that: (1) you are assessing a Surcharge on Cardholders for certain Credit Card transactions in an amount equal to the Surcharge Rate reflected below; (2) you will pay us the Discount Fees for Credit Card and Debit Card transactions on gross sales for all of the transactions that you submit (without reduction for refunds, returns, or chargebacks); (3) you will pay us the Transaction Fee (the fixed charge per transaction reflected below for each Debit Card transaction) for each sale and refund that you submit, as well as any other fees or charges reflected in this merchant processing agreement and which are not replaced by the MSP; (4) you will not assess a Surcharge for the portion of the transaction that is tip on paper, and you will be responsible to pay us the Discount Fee for the gross amount of all tips on paper; (5) you will be responsible to refund Cardholders any Surcharge you assess in the amount billed on such transaction; (6) you will not assess a Surcharge for card not present transactions on cardholders whose billing ZIP code corresponds to states or US territories where Surcharging is prohibited by Applicable Law (including but not Ij limited to, Connecticut, Massachusetts, Puerto Rico), you will be responsible to pay us the Discount Fee for such transactions, and you will comply with Applicable Laws any time you apply the MSP; and (7) we may change or cancel this Merchant Surcharge Program upon notice to you. We disclaim all warranties regarding the MSP; it is provided to you on an "as -is, with all faults" basis. Your use of the MSP does not: (1) guarantee compliance with any laws, Card Organization Rules, or applicable standards (including the PCI DSS), (b) affect your obligation to comply with laws, Card Organization Rules, and applicable standards (including the PCI DSS), or (3) guarantee protection against a Data Incident- F Visa Credit Card Discount Fee Z9126 % Consumer Surcharge Rate Billed by _ Merchant Mastercard Credit Card Discount Fee 2,9126 % Debit Card Transaction Fee Discover Credit Card Discount Fee 2.9126 %n Amex Credit Card Discount Fee 2.9126 ❑Io Debit Card Discount Fee 1.25 % TIERED Discount Fees Credit Non -PIN Debit Discount Fees Visa Qualified % % Discover Qualified Visa Mid -Qualified % % I Visa Non -Qualified °I % Mastercard Qualified % % Mastercard Mid -Qualified % % Mastercard Non -Qualified % INTERCHANGE PLUS Pass Through Interchange — You will be charged the applicable interchange rate from Mastercard, Visa, Discover and American Express as well as the Discount Fees listed below. Interchange Rates are variable and are determined by how your transactions clear, and are subject to change. Passthrough Interchange Costs 0 Gross Interchange C3 Net Interchange Discount Fees Credit / Non -PIN Debit Visa Qualified 0.45 % ! Mastercard Qualified 0.45 96� Discover Mid -Qualified Discover Non -Qualified Amex Qualified Amex Mid -Qualified Amex Non -Qualified 3.00 $ 0.25 Credit `Yo I t I Each ! II f Non -PIN Debit % % j UIR ' BILL BACK Non -Qualified Surcharge Fee (excluding interchange pass -through fees, see Section 26.1) Applies to Non -qualified MC, Visa, Discover, American Express OptBlue Credit and/or Non -PIN Debit Transactions. I. Discount Fees Credit Non -PIN Debit Visa Qualified % % ' Mastercard Qualified % Discover Qualified 0.45 Discover Qualified Amex Qualified I� % Amex Qualified — _ — Y % SWIPEDINON-SWIPED FLAT RATE (If selected, the discount fees below apply to all payment types and brands accepted Discount Fees Credit / Non -PIN Debit % unless otherwise noted in this agreement) i tVisa Qualified Swiped or Dipped Discount Fee ❑� (% of gross transactions) -_ Mastercard Qualified % Swiped or Dipped Transaction Fee $ --- — - -- Discover Qualified I % Non -Swiped or Non -Dipped Discount Fee , (% ofgross transactions) l Amex Qualified % Non -Swiped or Non -Dipped Transaction Fee $ Page 4 of 6 CardConnect LLC is a registered ISO of Wells Fargo Bank, N.A., Concord, CA GenCP-WF-2602_MPA_02.28.23 AUTHORIZATION $ TRANSACTION FEES Authorization Fees (All Card Types) $ 0.10 / Each { Discount Fee ACH Batch Fee $ 0.00 / Each I Transaction Fee Voice Authorization Fee $ 0 00 I Each Address Verification Fee (AVS) $ 0.00 / Each I Transaction Fees (All Card Types)"" $ 0.00 I Each ""Transaction Fees (All Card Types) and Gateway Transaction Fee will be added together and billed on your merchant statement as "Trans Fee". CLOVER FEES Clover Platform Fee $0.00 / Monthly f FNS# Transaction Fee $ VOYA[3ER i Authorization Fee $ / Each Discount Fee Sales Discount % Transaction Fee Chargeback Fee Retrieval Fee CARDPOINTE AND GATEWAY FEES i ! Setup Fee $ 0.00 (One Time) 0 TransArmor Data Protection i CardPotnte Monthly Platform Fee $15 00 / Monthly TransArmor Monthly Fee L _. Gateway Monthly Fee $ 0.00 / Monthly it Gateway Transaction Fee- $0.00 / Each ""Gateway Transaelion Fee and Transaction Fees (All Card Types) will be added together and billed on your merchant statement as "Trans Fee". MONTHLY AND MISCELLANEOUS FEES Application Fee $ 0.00 (One Time) Regulatory Product Fee ? Minimum Processing Fee $ 0.00 / Monthly PCI Non -Compliance Fee DDA Rejects $ 25.00 / Each Wireless Fee Statement Fee $0.00— —�l / Monthly Wireless Activation Fee Chargeback Fee $ 25.00 / Each f PCI Annual Fee Retrieval Fee $ 0.00 / Each J PCI Concierge Monthly Fee Annual Membership Fee $ 0.00 / Annual PIN DEBIT / Each • t i EBT aI / Each � VRIGHT CRESS, I $ [Each $ t Each Each TRANSARMOR $ ! Monthly $ 0.00 / Monthly $29.95 /Monthly l $ 0.00 / Monthly I $ 0.00 (One Time) i $ 0.00 ! Annual $ / Monthly i Page 5 of 6 CardConnect LLC is a registered ISO of Wells Fargo Bank, N.A., Concord, CA GenCP-WF-2602 MPA 02.26.23 CONFIRMATION EARLY TERMINATION FEE The initial term of this Agreement is three years from the date of your approval by our Credit Department (the Initial Term). If you terminate this Agreement before the end of the then current term or otherwise stop processing your transactions with us, you will be charged this Early Termination Fee. After the Initial Term, subject to Part IV, Section A.3, this Agreement shall automatically extend for an additional period of one year each (each an Extended Term). Early Termination Fee $ 0.00 — Client Initials �I PERSONAL GUARANTEE In exchange for CardConnect LLC, Wells Fargo Bank, N.A., (a member of Visa USA, Inc- and Mastercard International, Inc.), and TeleCheck Services, LLC (the Guaranteed Parties) acceptance of, as applicable, the Agreement, and/or the Equipment Agreement and/or the TeleCheck/TRS Solutions Agreement, the undersigned unconditionally and irrevocably guarantees the full payment and performance of Client's obligations under the foregoing agreements, as applicable, as they now exist or as modified from time to time, whether before or after termination or expiration of such agreements and whether or not the undersigned has received notice of any amendment of such agreements. The undersigned waives notice of default by Client and agrees to indemnify the Guaranteed Parties for any and all amounts due from Client under the foregoing agreements. The Guaranteed Parties shall not be required to first proceed against Client to enforce any remedy before proceeding against the undersigned. This is a continuing personal guaranty and shall not be discharged or affected for any reason. The undersigned understands that this is a Personal Guaranty of payment and not of collection and that the Guaranteed Parties are relying upon this Personal Guaranty in entering into the foregoing agreements, as applicable. Signature — J Date Client certifies that all information set forth in this completed Merchant Processing Application is true and correct and that Client has received a copy of the Program Guide and Confirmation Page, which is part of this Merchant Processing Application, and by this reference incorporated herein. Client acknowledges and agrees that we, our Affiliates and our third party subcontractors and/or agents may use automatic telephone dialing systems to contact Client at the telephone number(s) Client has provided in this Merchant Processing Application and/or may leave a detailed voice message in the event that Client is unable to be reached, even if the number provided is a cellular or wireless number or if Client has previously registered on a Do Not Call list or requested not to be contacted Client for solicitation purposes. Client hereby consents to receiving commercial electronic mail messages from us, our Affiliates and our third party subcontractors and/or agents from time to time. Client further agrees that Client will not accept more than 20% of its card transactions via mail, telephone or Internet order. However, if your Application is approved based upon contrary information staled in Banking and Processing section above, you are authorized to accept transactions in accordance with the percentages indicated in that section. This signature page also serves as a signature page to the TeleCheck Solutions Agreement appearing in the Third Party Section of the Program Guide, if selected, the undersigned Client being "You" and "Your' for the purposes of the TeleCheck Solutions Agreement. By signing below, each of the undersigned authorizes us, our Affiliates and our third party subcontractors and/or agents to verify the information contained in this Application and to request and obtain from any consumer reporting agency and other sources, including bank references, personal and business consumer reports and other information and to disclose such information amongst each other for any purpose permitted by law. If the Application is approved, each of the undersigned also authorizes us, our Affiliates and our third party subcontractors and/or agents to obtain subsequent consumer reports and other information from other sources, including bank references, in connection with the review, maintenance, updating, renewal or extension of the Agreement or for any other purpose permitted by law and disclose such information amongst each other. Each of the undersigned furthermore agrees that all references, including banks and consumer reporting agencies, may release any and all personal and business credit financial information to us, our Affiliates and our third party subcontractors and/or agents. Each of the undersigned authorizes us, our Affiliates and our third party subcontractors and/or agents to provide amongst each other the information contained in this Merchant Processing Application and Agreement and any information received subsequent thereto from all references, including banks and consumer reporting agencies for any purpose permitted by law. It is our policy to obtain certain information in order to verify your identity while processing your account application. As part of our approval, processing services, continuing fraud prevention and account review processes, the undersigned consents to the use of information gathered online or that you submit to us, and/or automated electronic computer security screening, by us or our third party vendors. Client authorizes FDMS and Bank and their affiliates to debit Client's designated bank account via Automated Clearing House (ACH) for costs associated with equipment hardware, software and shipping. You further acknowledge and agree that you will not use your merchant account and/or the Services for illegal transactions, for example, those prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section 5361 et seq, as may be amended from time to time, or processing and acceptance of transactions in certain jurisdictions pursuant to 31 CFR Part 500 at seq, and other laws enforced by the Office of Foreign Assets Control (OFAC). To help the government fight the funding of terrorism and money laundering activities, Servicers obtain, verify, and record certain information including your full name, physical address, and any other information needed for identity verification purposes while processing this MPA, as described in the USA Patriot Act. Client certifies, under penalties of perjury, that the federal taxpayer identification number and corresponding filing name provided herein are correct. Client agrees to all the terms of this Merchant Processing Application and Agreement. This Merchant Processing Application and Agreement will not take effect until Client has been approved and this Agreement has been accepted by Processor and Bank. Acceptance by Processor and Bank will occur upon the earlier of the execution of this Merchant Processing Application and Agreement by Processor and Bank, or the commencement of the provision of the Services by Processor and Bank. t SIGN YOUR AGREEMENT r 7Date ure yL �APPlication Approved By: Signature — — �— - Title Date WELLS FARGO BANK N.A. (A MEMBER OF VISA USA. INC. AND P110.0Eg$0,9 INFQRMATI,GN . MASTERCARD INTERNATIONAL, INC.) By: First Data Merchant Services LLC, pursuant to a limited power of attorney Name CardConnect LLC Signature 1000 Continental Drive, Suite 300, King of Prussia L— Address PA, 19406 URL www.cardconnect.com Approved as to form only: - - �— ` � 07 11 y. Customer Service (Phone) 1-877-628-0720 �. v May 8, 2023 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 6 of 6 CardConnect LLC is a registered ISO of Wells Fargo Bank, N.A., Concord, CA GenCP-WF-2602 MPA 02.28.23