#06-3972 Amend #1 (CollectorSolutions)EXHIBIT A -1 Contract Amendment # 1 to Contract 06 -3972
"CREDIT CARD & ACH PROCESSING"
This amendment, dated 2 rcar k�� 20A± to the referenced agreement shall be by and
between the parties to the original Agreement, CollectorSolutions, Inc. (to be referred to as
"CSI ") and Collier County, Florida, (to be referred to as "Client ").
Statement of Understanding
RE: Contract #06 -3972 "CREDIT CARD & ACH PROCESSING"
In order to continue the services provided for in the original Agreement document referenced
above, CSI agrees to amend the Agreement as provided in Exhibit "A1 -A" attached to this
Amendment and incorporated herein by reference or by the modified language.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, CSI and the Client have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date(s) indicated below.
AT'TESTs, ,
DWIGHT 9sAC• -Clerk
By: -
f,a St asto rman's
signatu onl���
First Wit s
Name
Second Witness:
By. N/YVt J00'ar
Caro l -5-1 "rt)
Print Name
Approved as to Form and Legality:
hw- 01 -��
Emily Pepi
Assistant County Attorney
Accepted: , 20
CLIENT:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER WUNT LORIDA
By, w'
Tom Henning, Chai
CSI:
Collec utions, Inc.
41 4,
B 1, `
CyY: J
f'I v'fS ' 1e
Print Nake and Title
EXHIBIT Al -A
Contract Amendment # 1 to Contract #06 -3972
"CREDIT CARD & ACH PROCESSING"
Note: Language deleted has been °true' thr-o u ^''. New language has been underlined.
Change #1: "DEFINITIONS" section has been amended to read as follows:
Credit Card: A U.S. or internationally issued American Express, Discover, MasterCard,
or Visa.
Settlement Account: A bank account at a federally insured banking institution designated by CSI
the Client into which credit card payments shall be initially deposited and that result from CSI's
processing of payment for the Client.
Change #2: "SERVICES" has been amended to read as follows:
CSI shall license and make available to the Client its processing Software and Hosting Services
(the "Service or Services ") for processing of monetary payments to the Client via credit cards
(American Express, Discover, MasterCard, and Visa). All Software provided in the fulfillment
of this Agreement shall be the proprietary property of CSI. CSI is an independent contractor for
all purposes hereof. This Agreement does not convey an agency status to CSI. Credit card
transactions shall be deposited and credited to the Client's Settlement Account. CSI is expressly
permitted to move funds from the Settlement Account to the DDA(s) of the Client. The transfer
of funds for all credit card transaations will occur on or before the the second bankina/business
day subsequent to the transaction date. The transcation date shall be determined on a midnight to
midnight basis. All credit card fiends deposited or transferred into the Settlement Account,
e�ieluding CS1 Genv°ni°iie° Fee, will remain the property of the Client.
[ * * *I
eChecks (ACH)
CSI shall license and make available to the Client its processing Software Hosting Services (the
"Service or "Services ") for the processing of monetary payments to the Client via ACH (Savings
and /or Checking Accounts). All Software provided in the fulfillment of this Agreement shall be
the proprietary property of CSI. CSI is an independent contractor for all purposes hereof. This
Agreement does not convey and agency status to CSI. ACH transactions shall be deposited and
credited directly to the Client's DDA (echeck funds from a Payer's account will never enter a
CSI account). CSI is expressly permitted to move funds from the Payer's specified Account to
the DDA(S) of the Client. On the next banking day following a transaction (based upon a
midnight to midnight day), CSI will create and process Fed Files which provide the instructions
to transfer funds from Payer accounts to the Client DDA account. The actual transfer of funds
will occur on or befer-e the seeond same business day subsequent to the transaction date.
Change #3: "TERMS" section has been amended to read as follows:
1 * * *1
4. Certain electronic devices, such as the credit card swipe machine, the eCheck scanner, and the
payment receipt printer sha-A may be purchased separately by the Client and are not part of the
set -up fee charged by CSI. CSI will provide integration with each of the CSI - approved devices.
1 * * *1
594 and/er- the
ClienVs aver-age paymeR4 amount e*eeeds 4he r-age ameun4 stated in Appendix AA fer- 3
10 Prices shall remain firm for the initial and subsequent renewal terms of this contract.
Nwit4ea nefiee to the ether- pafty. Should C81 be feplaeed, C84 will eeeper-me with the a4tema4e
Q - + Vender- a the Client in the .
11 The contract shall be for a one (1) year period commencing on the date Client's
governing Board approves the award of Amendment No 1 to the Agreement with three (3) one
( 1) year renewal options.
The Client shall give CSI written notice of the Client's intention to extend the Agreement term
not less than thigy (30) days prior to the end of the Agreement term then in effect.
CSI shall not assign this Agreement or M part thereof, without the prior consent in writing of
the Client Any attempt to assign or otherwise transfer this Agreement or any part herein, without
the Client's consent shall be void If CSI does with approval assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward CSI all of the
obligations and responsibilities that CSI has assumed toward the Client. This Agreement
represents the entire understanding between the Client and CSI Any changes must be in writing
and executed by persons authorized to bind the Parties.
1 * * *1
Change #4: The following Paragraphs have been added to the Agreement:
24. The nonperformance of anv obligation of CSI will not be deemed a default unless CSI
fails to cure the default within thirty (30) days after written notice to CSI of such
nonperformance. If CSI fails to cure such default, ceases conducting business in the normal
course becomes insolvent, makes a general assignment for the benefit of creditors, suffers or
permits the appointment of a receiver for its business or assets, or avails itself of or becomes
subject to any proceeding under the Federal Bankruptcy Act (other than a proceeding under
Chapter 11 thereof) or anv other statute of any state relating to insolvency or the protection of the
rights of creditors then the Client may elect any one or more of the following options: (i)
terminate the Agreement; (ii) suspend anv payments due under the Agreement; (iii) pursue any
remedy available to it at law or equity, in addition to any specific rights or remedies set forth in
the Agreement.
25. CSI's primary_ processing facility acility is located in Birmingham, Alabama. For the duration
of the Agreement, CSI shall have a backup processing facility acility_in place to perform all required
processing of the Client's customer credit card payments in the event that CSI's systems at the
primar, fity are inoperable due to an act of God, other events that are beyond the reasonable
control of CSI, or for maintenance of the systems at the primary processing facility. If the
systems at CSI's primary facility are unable to process the Client's customer credit card
payments, CSI shall have one (1) hour from the time the systems become inoperable to have the
backup processing facility operational and processing the Client's customer credit card
payments. The system capabilities at the backup processing g acility shall have the same system
capabilities as the primary processing facility.
acility.
Any and all costs incurred as a result of using the backup processing g acility to process the credit
card payments shall be the responsibility of CSI. The County shall not be responsible for any
additional costs beyond the cost for processing credit card payments as defined in the
Agreement.
26. CSI is currently certified to be in compliance with the Payment Card Industry Data
Security Standard (PCI DSS) Version 3.0, or the current then version, for Hosting Providers, by
a qualified security assessor (QSA ) and approved scanning vendor (ASV), as applicable. Any
changes in CSI's certification require prompt written notification to Client. CSI agrees, at no
additional cost to the Client, to continue to meet all then PCI DSS requirements and to validate
that compliance at least annually and in accordance with the credit card industry rules, which
include but are not limited to the PCI Security Standards Council's PCI Data Security Standard.
CSI shall also provide written evidence of this compliance to the Client annually or as requested
by the Client.
27. Payment by Client to CSI will be made upon receipt of a proper invoice and in
compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt
Payment Act ".
28. For the duration of the Agreement, CSI shall be licensed to do business in the State of
Florida.
29. Appendix A. l of the Agreement is amended and replaced in its entirety as attached hereto
as Exhibit "A ".
Change #5: "Appendix A.1" has been superseded and replaced in its entirety by the attached
Exhibit "A"
EXHIBIT "A"
Appendix A.1
1. CIS SYSTEM UTILIZED:
inHANCE
2. WEB MODULE UTILIZED:
iWebMS
3. IVR SYSTEM UTILIZED:
Harris
4. POS SYSTEM UTILIZED:
inHANCE
5. PAYMENT TYPE:
utility
6. FEES:
Set up fees $0.00
Recurring fees $0.00
Accepting Credit Cards
YES
Transactional Fees
2.35%
Fees to be paid by
CLIENT
Accepting eChecks
YES
Transactional Fees
$0.80
Fees to be paid by
CLIENT
Re- presentment count N/A
Miscellaneous Fees
Charge -backs (credit cards) $20.00 Paid by Client
Credits $ 1.75 Paid by Client
Non -NSF Check Returns $ 1.75 Paid by Client
NSF Check Returns $20.00 Paid by Client
Minimum payment for a transaction is $1.00.
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