Backup Documents 02/11/2014 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T Cj I,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT RE
Routed by Purchasing Department to
Office Initials Date
the Following Addressee(s)(In routing order)
1. Risk Management Risk
2. County Attorney Office County Attorney Office
0-- 131 1+
3. BCC Office Board of County TV\
Commissioners \i ri's/ ZWAVA
4. Minutes and Records* Clerk of Court's Office
* Please return a copy to Purchasing. ai I tl-{`4
5. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana DeLeon for Sandra Herrera, Phone Number 252-8375
Purchasing Staff February 11,2014
Contact and Date
Agenda Date Item was February 11,2014 ✓ Agenda Item Number 16.C.11/
Approved by the BCC
Type of Document Amendment Number of Original 1*
Attached Documents Attached
PO number or account N/A Solicitation/Contract 06-3972
number if document is Number/Vendor Name CollectorSolutions, Inc.
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed ,it
by the Office of the County Attorney. �Uu�
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),an electronic copy of the document and DD
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8. The document was approved by the BCC on the date above and all changes made DD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for th
Chairman's signature.
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MEMORANDUM
Date: February 17, 2014
To: Diana De Leon, Contracts Technician
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #06-3972 Amendment #1 (Exhibit A-1)
"Credit Card & ACH Processing"
Contractor: CollectorSolutions, Inc.
Attached for your records is a copy of the contract referenced above, (Item #16C1)
approved by the Board of County Commissioners on Tuesday, February 11, 2014.
The original will be held on file in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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EXHIBIT A-1 Contract Amendment# 1 to Contract 06-3972
"CREDIT CARD & ACH PROCESSING"
This amendment, dated e. k1,20 to the referenced agreement shall be by and
between the parties to the original greement, 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 "Al-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.
Accepted: , 20
CLIENT:
AT i EST Y BOARD OF COUNTY COMMISSIONERS
DWIGHT a p is k OF COLLIER))UNT LORIDA
By: /' -
By(-
-A t st asto ,y rilup s
lyi nu 011 Tom Henning, Chai
g ,
First Wit,-s , s, CSI:
Collec utions, Inc.
B i _i/ � c /�
By Ji
P int Name ,, i i
Print N. e and Title
Second Witness: ,, n
By: C't J1 L al'YYD
Caro J Tai cumt)
Print Name Item#
Approved as to Form and Legality: Agenda a,.t`-iL'
Date
01/1�� Date
Recd M.
Emily Pepi
Assistant County Attorney
1 �-petY C= r:
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EXHIBIT Al-A
Contract Amendment# 1 to Contract#06-3972 r <�
"CREDIT CARD & ACH PROCESSING" \f��,,
Note: Language deleted has been struck through. New language has been underlined.
[**1
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:
CREDIT CARDS
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 transcations will occur on or before the thir-d second banking/business
day subsequent to the transaction date. The transcation date shall be determined on a midnight to
midnight basis. All credit card funds deposited or transferred into the Settlement Account,
- - - - - - - - -•-, will remain the property of the Client.
{***1
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
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to transfer funds from Payer accounts to the Client DDA account. The actual transfer of funds
will occur on er fere the second same business day subsequent to the transaction date.
Change#3: "TERMS" section has been amended to read as follows:
[***]
4. Certain electronic devices, such as the credit card swipe machine, the eCheck scanner, and the
payment receipt printer shall 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.
[***]
this agreement to address a change in fees.
10. Prices shall remain firm for the initial and subsequent renewal terms of this contract.
11. The term of this Agreement shall be monthly from the date hereof. This Agreement shall
Client Vendor and the Client in the faci • . -- - .
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 thirty (30) days prior to the end of the Agreement term then in effect.
CSI shall not assign this Agreement or any 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
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Change#4: The following Paragraphs have been added to the Agreement:
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24. The nonperformance of any 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 any 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 any 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 is located in Birmingham, Alabama. For the duration
of the Agreement, CSI shall have a backup processing facility in place to perform all required
processing of the Client's customer credit card payments in the event that CSI's systems at the
primary facility 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 facility shall have the same system
capabilities as the primary processing facility.
Any and all costs incurred as a result of using the backup processing facility 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.1 of the Agreement is amended and replaced in its entirety as attached hereto
as Exhibit"A".
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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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