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Home My WebLink About4980Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date Comments 4980 OFFICIAL PAYMENTS CORP Letter of Understanding - credit card payment services Court LEG 12-1 4/7/2004 3/1/2011 1/1/2011 This contract was never entered into laserfiche, will be going away next year Or ,�,ICIAL PAYMENTg COAP � April 7 Zoaa Jonna Koehn Court Servic� Max�age� Bremerton Mumcipal Court 239 4�` Street Bremerton, WA 98337 Re L�.ter of Ilnderstandui� for Services Dear Jonna Tlus letter cflnf'arms the terms agreed upon by Offic:al Paym.ents Corpora9�on ("OPC") and Bremerton Municipal Court ("Agency"), pursuant to wluch OPC will prov�de credrt card payment sennces (the "Services") to mdtviduals or eimhes ("Crtlzens") attempting to make the payments to Agency ("Agency Payments'� A. OPC's Prov�sion of the Services OPC's shall �rovide the Servxces m accordance wrth the follow�ng gludelmes v OPC shall provide Cmzens th� opportumty to make Age,n�t Payments by credrt card and "pm-l�s" debit card thraugh i�oth an ffiteaactNe telephone vo�ce response system ("IVR"} and Internet 2nterFace (the "OPC Websrte", wluch togexhe�r with the IVR, shall constrtute the "System") • OPC shall, on behalf of Agency, collect and process Agency Payments from Crt�zens usmg the Amencan Express� Cazd, MasterCard�, VISA�, D�scovex� Card or othe� credrt card mutualLX agc'eed upon bl' Agen�3' and OPC (each, a"Gard") • OPC shall begm: providing the Servaces to Citazens on a date to be mutually agreed upon by OPC and Agency • OPC may charge Cihzens a"converuence fee" for each Card transa.crion processed (the "Converuence Fee'�, to i�e collected m addmon to the co�responding Agency Payment as part of a un�fied Card transachon A sch�idule of the Conveiuence Fees �s attached to thLs letter as Exhibrt A, and OPC ma.y amend tius scbedule at any time upon pnor written notice to Agency • Except for any fees to be paid by Agency as set forth m Exhibrt A, OPC shall not charge Agency a f�e m consideratcon for OPC providing the S�nces to Cihzens as contemplated bx thas letter. Enhan�ements to the Servi�es or addihonal services not provided for m t�us letter, and any related fees payable by Agency in connection therewitb, will be mutually agrced upon by OPC and Agency • Wrth respect to all "xeversed" and "chargeback" Card transactions that are substantiated by a Cardholder and appro� by an author�zed representative of OPC and the Agency (i) the Agency authorizes OPC (or the respechve Cazd orgamzat�on} � debrt the Agency's depository bank account previously designated by the Agency (the "Agency One Landmark Square, Swte 400 Stamford CT 069012629 nvr F,,,,„ ,.fr �rt�nn rnaa.,.�, �nm� Cpl 2039690310 [f7 203 969 0303 Cuvil i�n�nu nffir�a�navmontc rnm Bank Account") for the amount of the correspond�ng Agency Payment and {u) OPC shall refundto the Card orgamzahon (for credrt back to the Cardholder) the corresponding Conveiuence Fees The Agency agees that rt shall not refiznd m cash to a Cit�zen any Agency Payment made usmg Official Payme�s' services s OPC shall forward Agency Payment transa.ctions to the appropr�a.te Card organ2zat�ons for settlement to the Agency Banlc Account OPC shall reta.m all Convemence Fees colle�ted by rt hereunder In the event that OPC �s unable to collect all amounts owed by Agency hereunder through debrting the Agency Bank Account, Agency shall promptly pay all owed amounts to OPC m immediately available fimds s OPC v�nll confyrm the dollaz amount of all a Citazen's Agency Payment and the corresponduig convenience fees to be charged to his/her Cartl and obtam the Crt�.zen's approval (electronic or otherwise) of such charges pr�or to mitia.tv�g credrt author�zat�ons • OPC will provide Crt�zens wrth electronic confirmahon of Card transactions 0 For authonzation purposes, OPC w�l electromcally transmrt all Card transacaons to the apprapriate Card-processmg center, m real t�me as the transactions occur • OPC will reCa.m Card author�zarion logs and iransaction records for such period of tune as reqwred by apphca.ble law and the regulations of the respective Card orgamzahons • OPC will arrange for a uiuque ]�ne m�chant descuptor for the AgencX Payment t�at references the name of Agency and arrange for a separate unique lYne m�chant descr�prion far the Convenience Fee that referenc� Official Payments and the na.ture of the fee • OPC will provide Agency wrth logos, graplucs, and other appropnate market7ng -- materials for Agency's use m rts communications wrth Crtizens e OPC w�l provide Agency wrth re�orts s�iu�_r��mg �e of the Savices by Crtizens for a given re�ortmg penod B. Agencv's Obhg�hons: Inoxder fox QPC to provide the Services as outhned. m this letter, Agency will. be requued to comply wrth the followuig guidelmes • If raqu�red by the credrt card orgamzations, Agency will e�er mto all apphcable mercl�ant Card agreements and fully a�ere to the rules, regulat�ons and opera.ting procedures of the vanous Card organ�at�ons, uicludmg wrthout l�utation, wrth respect to the use of spe�if'ic Card logos and marks • Other tha.n permimng OPC to charge the Conveiuence Fees m accordance with this Agreement, .A,gency will not unpose any surcharge or other penalty on Cazd transact�ons made by Crt�zens for Agency Paymeuts • Agency will provide OPC wrth the electromc r�ord specificat�ons necessary for funds settlement and the posting of Agency Payment data related to the Card payments o If apphcable, Agency will provide OPC rts des�red reporting formats suffiiciently in advance of the des�ed report dehvery date o Agency will provide to OPC alI necessary documents and correspondence m connechon with chargeback transactions or other sumlar refund transachons • Agency will establish a reasona.ble ad,iustment pohcy to accommoda.te ad�ustments that are requ�red m the normal course of Agency's daily operahons • Agency will not reqwre, as a condihon to makmg an Agency Payment, that a Cardholder agree m any way to waive such person's nghts to dispute the transactron with the Card issuer for legit�mate reasons • Agency will promote the Services to rts Crt�zens These promoaons shall mclude publ�shmg the relevant tel�hone numbes and URL far the Official Payments Websrte on all tax uistrucrion booklets, tax prepazer commwucahons, taxpayer informahon pubhcat�ons, citanons and natices, as apphcable, and all related market�ng matenals Agency will obtam OPC's consent pnor to publishing any mate,nals that reference the Services and/or OPC C. Add�taonallVdatters • Confidentialrtv Agency will not disclose to any third party or use for any purpose mcons�stent wrth this letter any confident2al or propnetary non-pubLc uiformat�on it obtains duruig the tea�m of ttus Agreement about OPC's busmess, operahons, financ�a.I condirion, technology, systems, know-how, prodacts, se,rvices, suppl�ers, customexs, market�ng data, plans a.nd modeLs and personnel OPC will not disclose to any th�rd party or use for any purpase mconsiste.nt with th�.s lette� airy confideutial Cihzen u►formahon it receives m connect�on with rts pe,rformance ofthe Ser�nces, except that OPC may use (1) such uiformat�on for collechon and ather purposes as would be permrtted for federal tax mformat�on under §b311-2T of 26 CFR Part 301, {2) personal mformahon provided by Cmzens to establ�sh and mamt�n mdividual user accounts requested to be estabhshed by such C�zens with OPC, and (3) aggregated transact,�on data and NR and OPC Websrte traffic uiformahon far markehng and pubhc company reporhng purposes • Intell�tual P%perty In order taat Agency may promote the Se.r�nces and OPC's role m providuig the Services, OPC grants to Agency a revocabl� non-exclusive, royalty-free hcense to use OPC's logo and other s�nce marks (the "OPC Marks") for such purpose only Agency does not have any other nght, title� hcense or mtexest, express or unplied, in and to any oh�ect code, softvvar� hardware trademaxk se�vice mark, trade name, trade dress, formula, system, know how, telephone mtmber, telephone line, domain name, URL, copynghted unage, text, scnpt (mclucl�ng, wrthout limztation, any scnpt used by OPC on the IVR or the OPC Website) or other mtellectual properiy riglxt of OPC All Marks and the System and all nghts therem (oth� than nghts expressly granted m tlus letter) and goodvvill g�ta�n thereto belong exclusively to OPC o Force Ma�eure OPC vv�ll be excused from performu►g the Sernces as contemplated by tlus letter to the eacte�t rts performance is delayed, unpa�red or rendered unpossble by acts of God or oth� events that are beyond OPC's reasonable control and v�nthout its fault or �udgment, �ncludu�g wrthout luYUtahon, acts of God, na.tural disasters, waz, terronst acts, riots, acts of a governmental entity (m a sovereign or contractual capacrty), fire, storms, quarantine restnctions, floods, explosions, labor stnkes, la.bor wa.lkouts, extraorduiary losses of utilities (�ncluding telecommwuca.tions services), extemal computer "hacker" attacks and/or delays of comman carners • Remedies Agency's sole remedy m the event of OPC's failure to perform the Services m accordance wrth the guuieluies set forth hereui shall be to t�mma.te the arrangement contemplated by thLS Ietter � Coverning� Law The arrangement contemplated by ttus letter shall be governed by the la.ws of the State of New York, wrthout regard to rts principles of conflicts of laws • Term of Atran�cmen� The arrangement contemplated by this ietter shall conhnue from th.e date of th�s letter untii 10 days after suchtune as either OPC or Agency has notified the other party m wntmg of rts dec�sion to termuiate tlus arrangement * * * # We Iook forward to working w�th you on unplementing a successful credrt card payments program. Kmdly confirm our mutual understanding as set forth m tlus letter andprovide us necessary deposrt uistructions, by signmg the Electromc Deposrt Instructions shee# attached if you ha.ve any quest�ons or concerns, please do not hesrta#e tu call me at (800) 4846924, Code 9686 Smcerely, O�FICIAL PAYM�NTS CORPORA.�ION $ G�,�.c.�.J �'Lr /k.c.�y(�n.f.c.. Claire 1Vlendonca. Regional Accoi}nt ly�an�ger