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4578 Merchant Svcs RFP Complete 1 Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com RFP 4578 REQUEST FOR PROPOSAL FOR MERCHANT SERVICES SEPTEMBER 3, 2010 OPENING DATE: OCTOBER 4, 2010 Proposal submitted by: Company Name 2 NOTICE TO BIDDERS Sealed proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent prior to 2:00 p.m. CST. October 4, 2010 then publicly opened to purchase the following listed items as per proposal instructions and specifications. RFP # 4578– Request for Proposals for Merchant Services Qualified prospective bidders may obtain copies of the proposal invitation with information to bidders, proposals, plans and/or specifications at the office the Purchasing Agent, located at 901-B Texas Street, Denton, Texas, 76209 in the Purchasing/Warehouse portion of the Service Center complex. The City of Denton, Texas reserves the right to reject any and all bids, to waive defects in bids, and to award proposal separately or in conjunction with the City’s request for proposals for bank depository services. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton projects. CITY OF DENTON, TEXAS (940) 349-7100 KAREN SMITH SENIOR BUYER This advertisement to run: September 7 & 14, 2010 3 1.0 INTRODUCTION The City of Denton is seeking fully hosted applications from eligible merchant institutions for a fully integrated merchant services program for the City of Denton that includes credit/debit card acceptance, check verification, check guarantee, and check conversion through face-to-face, phone, mailed-in, integrated voice response (IVR), e-check and web transactions. Currently, the City does not utilize e-check but desires to implement this service as a result of this proposal process. The City of Denton is an incorporated municipality located in Denton, County Texas. Revenues are largely generated through the collection of utility payments, permits, fines and fees, traffic citations, etc. This Request for Proposals (“Request”) is intended to serve as the OFFICIAL PROPOSAL FORM for the merchant services agreement. There are several blanks to fill in and questions to be answered. Any alterations, changes, or deletions to this Proposal may be reason for the City to disregard and reject the proposal. All points outlined and materials requested will be incorporated into the bidder’s reply to be considered for evaluation. Attachments will be appropriate in order to answer some of the enclosed questions. Questions regarding this Proposal should be e-mailed to: Tony Puente, Treasury Manager, at Antonio.Puente@cityofdenton.com or faxed to 940-349-7206. 2.0 CALENDAR OF EVENTS Target Date Description of Events September 3, 2010 Proposal sent to all prospective bidders September 7 & 14, 2010 Advertise Merchant Services notice in local newspaper September 15, 2010 Questions regarding Proposal due to City September 17, 2010 City to send responses to all Bidders October 4, 2010 Receive proposals from interested Merchants October 18-22, 2010 Merchant Presentations and Product Demonstrations TBD Review proposals with Audit/Finance Committee December 7, 2010 City Council to award contract June 1, 2011 Merchant Services contract period begins 4 3.0 EVALUATION CRITERIA AND FACTORS The City staff will review the submitted proposals carefully. The recommendations will be based on the proposal determined to be the best value to the City of Denton based upon the following selection criteria: 45% Lowest aggregate cost of merchant services 1. Proposed Fee Schedule. 2. Proposed Fee in compliance with minimum specifications. 3. Proposed check verification and guarantee fees. 4. Proposed check conversion fees. 5. Proposed implementation costs, including other costs identified by City in conjunction with existing software and hardware. 35% Ability to perform the requested services 1. Demonstrated prior experience in providing similar services. 2. Capability to provide responsive service. 3. Capability to provide off-site technical support. 4. Service and technical support infrastructure. 5. Timeliness of deposits into City’s bank account. 20% Agreement to points outlined in this Request 1. Adherence to requirements of Request. 2. Bidder’s responsibility clearly defined. 3. City of Denton’s participation and responsibility clearly defined. 4. Service availability and proposed activation schedule. The City of Denton, Texas reserves the right to reject any and all bids, to waive defects in bids, and to award proposal separately or in conjunction with the City’s request for proposals for bank depository services. 4.0 PROPOSAL CONTENTS In order to be considered, all proposals must include the following: 4.1 Cover Letter The first page of the proposal must be a cover letter providing an overview of the company’s service and any special considerations. Please provide the names, titles, mailing addresses, phone numbers and e-mail addresses for at least two company representatives that may be contacted for questions on this proposal. 5 4.2 Responses to Requirements All requirements contained in this Request must be responded to in the same order as they are shown. Use the same numbering scheme and respond to every requirement. For questions that do not apply to the proposed program, use “Not Applicable” after the paragraph number. 4.3 Supporting Documentation and Other Attachments All information that supports the answers for the questions must be included in the appropriate section and labeled with the corresponding requirement number. Additional material may be submitted at the end of the proposal. 4.4 Pricing All pricing must be described in complete detail including Discount Rate, all fees, and charges, including the processing of refunds. Explain how the rates and charges are calculated and where, if applicable, volume discounts apply. Please specify if any monthly or annual fees or minimum discount fees will be charged and explain the purpose of these fees and charges. Clearly identify whether or not government and/or utility discount rates have been utilized or explain the reason why a more economical discount rate was utilized. 4.5 References Three references must be submitted for similar programs launched within the past three years. Each reference must include a brief project description, the company/city name and address and the name, title, and phone number of an individual who can speak knowledgeably about the project. 4.6 Proposed Contract Bidders will be required to execute, if awarded the merchant services contract, the documents attached as Attachment “A” – Merchant Services Contract, unless bidders note in their proposal exceptions to the terminology in such attachment. This contract will be considered a draft from which to develop the final contract with the City of Denton. 4.7 Transition/Implementation Schedule The implementation plan for this system is critical to the success of this program. Please provide detailed information regarding the program launch, including the project timeline (milestone dates) for implementing and transitioning from the City’s current provider to your institution. Please detail any one-time implementation costs. 6 5.0 MERCHANT ACCOUNT REQUIREMENTS The City desires check, credit card and debit card services for the purpose of collecting payments for 21 merchant accounts (point of purchase and/or accounts receivable conversion) and 3 internet accounts (Utilities, Municipal Court and Building Inspections). It is critical that the Merchant provide complete and accurate processing for MasterCard and Visa card transactions accepted by the City of Denton in compliance with Payment Card Industry (PCI) standards. The City only accepts MasterCard and Visa. In order to minimize the risk of fraudulent check transactions and minimize resources spent on the collection of returned (NSF) checks, it is critical the Merchant provide check verification, check guarantee and check conversion services. The City’s Library payments are made through PayPal but must be processed/funded through the selected Merchant. Face-to- Face, phone, mail-in, integrated voice response (IVR), e-check and web transactions will be handled at the City of Denton. Attachment A contains the City’s average merchant services activity over the past 12 months. Using Attachment B, please indicate the cost of providing each of these services on a per-item basis. If appropriate, identify other services not listed and their associated costs. Any service not appearing or that does not have a fee indicated on the Proposal Form will be considered to be free of charge in the merchant services contract. Please attach a sample monthly statement. 5.1 List any other applicable credit card charges, including information on discount rates, government rates, and MasterCard/Visa utility rates, also monthly maintenance, statement, software and minimum transaction fees. Only the credit card charges listed on Attachment B and in this section will be acceptable in the monthly credit card statement. 5.2 Please describe how mail-in and phoned credit card transactions, and e-check will be handled. 5.3 Describe in detail how the City of Denton’s processing program will be operated on a day-to-day basis. Provide transaction flow diagrams whenever possible. 5.4 Identify all subcontractors to be used for these services and what procedures will be used to monitor quality. 5.5 Explain what back-up procedures will be established in the event of a problem at the City of Denton or with the merchant provider. 5.6 Merchant capability to meet the following requirements for internet, POP, ARC, and e-check must be detailed in the proposal. 5.6.1 AAVS and CVVI verification is required. 7 5.6.2 Daily settlements based on Central Standard Time. Funds must be available the same, preferred, or next day. Deposits to the City’s depository account must be made daily and must reflect daily batch settlement totals. 5.6.3 Must provide on-line reporting services allowing viewing capabilities of all transactions by merchant number. Service must allow exporting and downloading of all transactions for the City. 5.6.4 Must provide chargeback information by e-mail, fax and/or on-line application. 5.6.5 Must provide internet gateway service. 5.7 Notification to payer of the dollar amount of all payments and obtain the payer’s approval (electronic or otherwise) of such charges prior to initiating credit and/or debit authorizations. 5.8 Provide payers with confirmation of payment transactions electronically. 5.9 Electronically transmit all card transactions to the appropriate card processing center, in real time, as the transactions occur, and balance and reconcile electronically captured transactions on a daily basis. 5.10 Retain credit authorization logs and transaction records for such period of time as required by applicable law and the rules, regulations and operation procedures of the respective card organizations, and records shall contain the following information: transaction type, date and time of transaction, City account number, and card’s account number and expiration date, card holder’s name, dollar amount of transaction and approval code. 5.11 Provide City of Denton with logos, graphics, and other appropriate marketing materials for citizen communication in English and Spanish. 5.12 Provide City of Denton with monthly reports (in a mutually agreed upon format) summarizing use of the services for the applicable reporting period. Sample report must be included in this proposal. 5.13 Provide IVR and internet payment service in both English and Spanish. 5.14 Explain how the Merchant will handle any copy requests or chargebacks for the City of Denton. 5.15 Identify all subcontractors to be used for these services and what procedures will be used to monitor quality. 8 5.16 List any other applicable check or credit/debit card service charges. Only the charges listed above and in this section will be acceptable in the monthly fee statement. 5.17 Check Verification. Provide a service that uses negative and activity data, in addition to other tools to issue a response code back to the City enabling the City to determine whether to accept a check. Please describe the services available. 5.18 Check Guarantee. Provide a service that uses negative and activity data, in addition to other tools to issue a response code back to the City enabling the City to determine whether to accept the check. Checks approved through this service will be backed by the Merchant. Please describe the services available. 5.18.1 The City of Denton is to receive 100% of its check collections. Return checks will be the responsibility of the Merchant. Explain how return checks will be handled. 5.19 Check Conversion. Provide a service that converts paper checks into electronic items at the point of purchase and accounts receivable environment, and initiate a direct ACH deposit of funds into the City’s account. Explain the services available. 5.19.1 Explain the check conversion process and any requirements for the City in handling or retaining voided or electronically processed checks. 5.19.2 Must provide daily settlement of the City’s transactions in accordance with the City’s approved procedures and time periods. Cash receipts in the settlement account must reconcile with the submitted batch report each day. 5.19.3 Describe the service’s reporting capabilities. Must have the capability of providing daily batch reports by cashier and location reference number. 5.19.4 Explain how returned checks will be handled if the City chooses to use check verification or the check guarantee services listed above. 5.20 Red Flag Act Rules and Fair & Accurate Credit Transactions (FACT) Act. City’s utility staff are required to receive annual training for compliance with the FTC’s Red Flag Act Rules. Indicate if the Merchant is able to offer local training to City staff in the areas of cash handling, identity theft prevention or counterfeit detection. The Merchant is required to comply with the Red Flag Rules and the FACT Act. The Merchant must ensure that all nonpublic personal customer identity information provided by the City remain confidential by maintaining safeguards for the information received. The Merchant will not disclose or use such information for any purpose other than is reasonably necessary to fulfill the purpose for which such 9 information was provided by the City or as otherwise permitted by applicable law. A signed service provider acknowledgement form must be completed in conjunction with the Merchant Services contract. 5.21 Identify all subcontractors to be used for these services and what procedures will be used to monitor quality. 6.0 TECHNOLOGY REQUIREMENTS It is critical that the system installed at the City of Denton be a fully hosted system, incorporates current technology and fully integrates with our existing web processor and provides smooth and efficient transaction processing. Describe the type of equipment and support to be provided. Merchant must be able to fully integrate into the City’s existing software via an Application Program Interface (API) set up by Teleworks, an outside technology firm contracted by the City. 6.1 System Requirements 6.1.1 Point of Sale processing terminals for handling check verification and batching and debit or credit card authorizations are to be connected to existing Microsoft Windows-based desktop computers through standard peripheral connections, such as COM or USB (Preferred). The terminal peripherals would utilize software present on the computer, either an installed software client or a web-browser-based control interface, to communicate via the internet with the Merchant’s host system for purposes of communicating transaction information at the point of purchase. Client software would provide for receipt printing of all transactions, with capability to re-print receipts if necessary. Software interface must be capable of handling both card-present, and card-not- present transactions, along with check conversion, and associate each with the correct fee schedule. 6.1.2 Transaction data would need to be captured and cataloged according to the following hierarchy: City of Denton >> Department >> Location >> Operator >> Batch ID. Reporting capabilities would need to be provided to allow the City to research and reconcile transactions passing through the Merchant. This reporting should be web-based, and accessible in real- time. Transaction data should be captured either locally on City provided database and hardware platforms or remotely at the Merchant’s location as long as reporting needs are effectively met. 10 6.2 Point of Purchase Equipment The City prefers that bidders utilize the following hardware/software currently owned and deployed throughout the City: RDM711F (dual sided check scanner with credit card magnetic reader), Verifone PIN Pad 1000SE, and Verifone Printer 900. If bidders require different hardware/software, please list any hardware/software requirements for this service and the costs to replace existing hardware/software. Please list financing options or other replacement considerations bidder may desire to propose to the City. City prefers one piece of equipment that processes checks and credit cards. Below are the hardware/software requirements the City prefers if current hardware/software cannot be utilized: 6.2.1 Debit/Credit Card Terminal – Industry standard hardware utilizing 3- track magnetic stripe reader, integrated PIN pad and display unit with COM or USB (Preferred) connectivity to interface with current Microsoft Windows-based desktop computer. Terminal would have the ability to be placed within the customer’s reach for transaction processing so as to afford the customer the added security benefit of card retention. Terminal display would be programmed with all relevant customer prompts and responses so as to minimize cashier instruction. 6.2.2 Check Processor – Industry standard hardware utilizing horseshoe bend- style check processor with COM or USB (preferred) connectivity to interface with current Microsoft Windows-based desktop computer. Processor must perform MICR capture, two-sided check imaging, and endorsement of the item in one pass. After the item is processed, the cashier would be prompted to enter the dollar amount of the item and other City required data for completion of the transaction. 6.2.3 Receipt Printer – Industry standard thermal printer hardware using Parallel, COM or USB (preferred) communication to connect to current Microsoft Windows-based desktop computer. Printer should use 3” standard two part paper rolls, and may incorporate automated feed cutter (preferred) or tear off strip. Receipt would provide the following information for all transactions: (1) credit cards - City logo, department, address, phone number, operator, transaction date and time, card holder’s name, last four digits of card used, transaction amount, approval code, other City required data, and signature line and (2) checks - City logo, department, address, phone number, operator, transaction date and time, check number, transaction amount, approval code, and other City required data. 11 6.3 Software Updates 6.3.1 The City expects that software “bugs” will be addressed within a reasonable and fair time frame under the basic maintenance agreement held with the Merchant. A software “bug” is defined as a glitch, anomaly, or other reproducible condition that materially affects the proper operation of the software as designed, and prevents the City from using the software as intended. 6.3.2 The City may request additional features or functionality during the duration of the contract. City and Merchant will agree whether these enhancements constitute a material change above and beyond what is covered under the standard maintenance agreement for the software. In the event that the changes represent a billed-for service, the City will have the option to purchase the enhancement, and incorporate the ongoing support for that enhancement as part of the standard maintenance agreement. 6.3.3 Merchant is responsible for ensuring that their software functions on current mainstream desktop computers. This includes hardware not to exceed 4 years in age, and the current public release of the Microsoft Windows desktop operating system for business and professional use with all required security patches installed. If the client software is deployed in a browser, it must be compatible with the current retail release of Microsoft Internet Explorer with all required security patches installed. It is the Merchant’s responsibility, under the terms of the maintenance agreement, to resolve issues arising from the application of critical Microsoft patches that may interfere with the proper operation of the Merchant’s software. 6.3.4 City is expected to have access to new releases of software free of charge under the terms of the annual maintenance agreement. 6.4 Telephone Lines/Internet/Preferences for selection 6.4.1 None of the peripherals used in any solution will use a conventional telephone line to process transactions; all transactions will be handled over the Internet. In the event that Internet processing is unavailable, transactions will be queued for processing at such time as Internet connectivity is restored. This queuing process may be manual, or integrated into the software (preferred). Provide an explanation of how face-to-face credit card transactions can be authorized and then processed later in the merchant software? 6.4.2 Preference will be given to vendors demonstrating the ability to fully integrate all non-cash transactions regardless of collection method: in- person POP, call center POP, self-service payment kiosk, e-government 12 transactional website, e-check, and interactive voice response pay-by- phone. Currently, the City offers kiosk, web, and phone payment options, and is looking for the ability to integrate the POP capabilities. 7.0 REPORTING REQUIREMENTS The City of Denton will require on-line access to daily funding notices, exception items and weekly and month-end summary reports. One hard copy of each report must be sent to the City of Denton by U.S. mail to the attention of the Treasury Manager. The daily funding notice; must also be faxed or e-mailed each day. The City of Denton has a tiered account structure and reports and transaction information must be accessible within each tier. For this proposal, describe the contents and distribution frequency of all of the reports that will be provided to the City of Denton. Sample reports must be included in the proposal. 8.0 OPERATIONS AND TECHNICAL SUPPORT REQUIREMENTS The processing system provided must be fully automated and easy to use. Describe in detail how the program will be operated on a day-to-day basis. Identify the subcontractors to be used for these services and what procedures will be used to monitor quality. Additionally, explain what back-up procedures will be established for each item. Include the activities listed below in your description. 8.1 Supplies/Equipment It is critical that the Merchant provide the City of Denton with the necessary equipment and supplies for this program. Describe the entire process in detail; include: 8.1.1 What equipment/supplies will be needed 8.1.2 Who should order them and how 8.1.3 From whom and where they are to be ordered 8.1.4 What time schedules should be used for placing orders 8.1.5 Provide complete pricing 8.2 Error Detection It is important that the Merchant does everything possible to identify errors for the City of Denton. Describe actions the Merchant will take to identify and correct errors? Include how different errors will be handled such as interchange rates, late daily settlements, etc. Also include methods for notifying the City of Denton 13 of these errors and advise what level of support front line custodians will be provided during all business hours. 8.3 POP Signage Identify the requirements regarding point of sale signage and formats for mail-in forms. Please describe as much of this information as possible. 8.4 Chargebacks and Copy Requests The City of Denton expects to maintain transaction copies. Please explain requirements that must be followed regarding these receipts and the penalties for not doing so. Explain how the Merchant will handle any copy requests or chargebacks for the City of Denton. The City of Denton expects the Merchant to fully represent its position in the event of any type of dispute with one of the card companies. 8.5 Training and Reference Manuals It is the Merchants responsibility to ensure that the City of Denton staff is thoroughly trained before the program launch will be considered final. Describe the requirements for installing and using the equipment. Include explanations of time, skill, and resource requirements. Describe any manuals, videos, or other materials that will be provided; if possible provide samples. 8.6 Escalation Procedures Indicate what procedures are in place in the event that a problem with the program needs to be brought to the attention of the Merchant’s management. This applies to both the conversion process and for situations that may occur once the program is fully operational. 9.0 PROPOSAL INSTRUCTIONS 9.1 Date, Time, Location Five (5) copies of the sealed proposals clearly marked “Proposal for Merchant Services” should be delivered to the office of the Purchasing Agent located at the City’s Service Center, no later than 2:00 p.m. CST, October 4, 2010 to the attention of: 14 Karen Smith Senior Buyer 901-B Texas St. Denton, Texas 76209 NO PROPOSAL WILL BE ACCEPTED AFTER 2:00 P.M. CST. 9.2 Response to the Proposal This proposal form must be used to submit rates and to answer questions wherever possible. However, any point that the bidder cannot agree with should be clearly noted with attachments, which explain this disagreement. Please reference the section and paragraph in these cases. Also, please clearly restate the question when supplying answers on any supplemental pages. 9.3 Pricing All pricing must be described in detail. Include all assumptions upon which the prices are based. The City of Denton would like separate pricing for face-to-face, web, mailed-in and phone transactions, and e-check (See also 5.0. Requirements) 9.4 Additional Information The City reserves the right to request additional information or to meet with bidders to discuss points in the proposal before and after submission, any and all which may be used in forming a recommendation. 9.5 Right to Reject Bids The City reserves the right to reject any and all proposals or to award proposal separately or in conjunction with the City’s request for proposals for bank depository services. 10.0 CONTRACT SPECIFICS AND MISCELLANEOUS INFORMATION 10.1 Periodic Review The City of Denton may require a review meeting at least once every month to evaluate the working relationship between the City and the Merchant Services provider. The objective will be to address any problems and to seek a responsible solution. More frequent meetings may be called if necessary. 10.2 City Council Action The final appointment will be made by the City Council of the City of Denton. 15 10.3 Designation of Individuals Upon being awarded the contract, the Merchant provider shall designate, in writing, an individual to be the official contact person for all correspondence. The City of Denton shall do the same. 10.4 Program Launch Program launch will occur with installation of the equipment and completed training of the City of Denton staff. These activities should have minimal impact on day-to-day operations of the City of Denton and should be in coordination with the implementation of a new bank depository. Unless emergency work is required, any on-site work must be scheduled at least two days in advance. Business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. 10.5 Contract Term The term of the agreement will be for a five (5) year period. However, the City of Denton retains the right to cancel this Agreement with 90 days written notice and prefers a dynamic rate structure with the ability to match market pricing. 10.6 Non-Exclusive Agreement The agreement granted will not be exclusive, and nothing contained in it shall be construed so as to prevent the City from granting other like or similar rights, privileges and agreements to any other person, firm or corporation. 10.7 Venue For purposes of determining venue and the law governing the agreement granted, services to be performed under said agreement are performed in the City and County of Denton, Texas. Any suit or dispute regarding said agreement shall be decided and settled in a State or Federal court of competent jurisdiction sitting in Denton County, Texas for State courts, and sitting in the Federal Eastern District of Texas, Sherman Division, for Federal courts. 10.8 Right to Audit The City shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. 10.9 Banking Relationships It is required that daily deposits for credit card and check conversion transactions are made to the City’s Bank Depository daily. S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc MERCHANT SERVICES CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ______________________ PROPOSAL NO. THIS CONTRACT is made and entered into this day of A.D., 2010, by and between a corporation, whose address is , hereinafter referred to as "Merchant," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Merchant shall provide all labor, supervision, materials and equipment necessary for . These products and services shall be provided in accordance with the Merchant's Proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "A". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Merchant’s Proposal. (Exhibit "A"); (b) Insurance Requirements. (Exhibit "B"); (c) Form CIQ – Conflict of Interest Questionnaire (Exhibit "C"). These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” II. TIME OF COMPLETION Merchant agrees and covenants that all work hereunder shall be complete within ( ) days following notice to proceed from City. Or III. TERM OF CONTRACT The term of this Contract shall be five (5) years from date of contract execution unless otherwise stated. S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc IV. WARRANTY Merchant warrants and covenants to City that all goods and services provided by Merchant, Merchant's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Proposal attached hereto and incorporated herein as Exhibit "A". Merchant warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of five (5) years commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Merchant following city's acceptance of the work and within thirty (30) days of receiving Merchant's invoice for the products and services delivered. Merchant recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Merchant and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Merchant shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Merchant. Merchant shall indemnify City for any and all losses arising out of or related to a breach of this duty by Merchant pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Merchant arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Merchant at its own cost and expense. VIII. INDEMNIFICATION Merchant shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney’s fees and S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc expenses, in any way arising out of, related to, or resulting from the services provided by Merchant under this Agreement or caused by the negligent act or omission or the intentional act or omission of Merchant, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Merchant is legally responsible (hereinafter "Claims"). Merchant is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Merchant in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion, or all, of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Merchant’s obligation to defend City or as a waiver of Merchant’s obligation to indemnify City pursuant to this Contract. Merchant shall retain defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Contract. If Merchant fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Merchant shall be liable for all costs incurred by City. IX. COMPLIANCE WITH APPLICABLE LAWS Merchant shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Merchant or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Merchant, its employees, officers, agents, subcontractors, or representatives. If Merchant observes that the work is at variance therewith, Merchant shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Merchant agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Merchant further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Merchant from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Merchant covenants and agrees that Merchant is an independent contractor and not an officer, agent, servant or employee of City; that Merchant shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Merchant, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Merchant. XIII. INSURANCE AND CERTIFICATES OF INSURANCE Merchant shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "B" attached hereto and incorporated herein by reference. Merchant shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Merchant for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Merchant acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Merchant has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "C". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least ninety (90) days prior written notice thereof to Merchant with the understanding that all services being terminated shall cease upon the date such notice is received. XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXII. RIGHT TO AUDIT The CITY shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The MERCHANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the MERCHANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the CITY similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the CITY unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the MERCHANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the CITY’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. XXIII. NON-EXCLUSIVE CONTRACT This Contract is non-exclusive and nothing contained herein shall be construed so as to prevent the City from granting other like or similar rights, privileges and contracts to any other person, firm or corporation. S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. MERCHANT BY: OWNER (SIGNATURE) Date: Name: Title: MAILING ADDRESS PHONE NUMBER FAX NUMBER PRINTED NAME CITY OF DENTON, TEXAS BY: CITY MANAGER DATE: DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: DATE: EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and EXHIBIT B S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. EXHIBIT C S:\Materials Management\PRCH\BIDS SPEC\4000-4999\4578 Merchant Services\Attachment A - Merchant Services Contract with Ins CIQ (2).doc CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. OFFICE USE ONLY Date Received 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Dollar Volume Item Volume Fee per Item x 12 Mo.= Estimated Annual Cost Point of Purchase (POP) - 17 Locations Check Verification 1,300,000$ 6,000 x 12 =-$ Credit Card - Utility Customer Service (Billing)1,200,000$ 5,100 x 12 =-$ Credit Card - All Others 255,000$ 3,500 x 12 =-$ Debit Card - Utility Customer Service (Billing)200,000$ 1,000 x 12 =-$ Debit Card - All Others 109,000$ 440 x 12 =-$ Accounts Receivable Conversion (ARC) - 17 Locations Check Verification 1,100,000$ 850 x 12 =-$ Credit Card 80,000$ 400 x 12 =-$ Point of Purchase (POP) - Police Department Warrants only Check Guarantee 2,500$ 8 x 12 =-$ Credit Card 15,000$ 30 x 12 =-$ Debit Card 2,100$ 4 x 12 =-$ Accounts Receivable Conversion (ARC) - Police Department Warrants only Check Guarantee 1,500$ 20 x 12 =-$ Credit Card 15,000$ 35 x 12 =-$ Remote Deposit Capture (RDC) Municipal Court 50,000$ 250 x 12 =-$ Utilities Customer Service (Billing)2,100,000$ 5,500 x 12 =-$ Internet Credit Card Transactions Municipal Court 100,000$ 400 x 12 =-$ Utilities Customer Service (Billing)3,000,000$ 12,500 x 12 =-$ Building Inspections*-$ - x 12 =-$ Library**450$ 35 x 12 =-$ E-Check (Municipal Court, Customer Service & Building Inspections)*** Point of Purchase (POP)-$ - x 12 =-$ Accounts Receivable Conversion (POP)-$ - x 12 =-$ Miscellaneous Chargebacks 1,000$ 5 x 12 =-$ Refunds - Credit/Debt Cards -$ - x 12 =-$ Total Fees -$ *Implemention anticipated in mid-October 2010. **Payments made through PayPal but processed/funded through selected merchant services provider. ***The City desires to offer this new service in conjunction with the implemention of selected merchant services provider. Attachment B: Excel File to Enter Merchant Fees Below is the City's average merchant services activity over the past 12 months.Please indicate the cost for providing each of these services on a per- item basis.The formula entered for the estimated annual cost will calculate the cost using the 12-month item volume average x fee per item x 12 months. If appropriate,identify any other services not listed and their associated costs.Any service not appearing or which does not have a fee indicated on the Proposal Form will be considered free of charge in the merchant services contract. Please attach a sample monthly statement. 12 Month Average