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HomeMy WebLinkAboutRes 2012-06-07 Contract with The Payment Group, LLC for Online and Pay-by-Phone Citation Payment ServicesCITY OF ANNA, TEXAS RESOLUTION NO. 2012-06-07 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH THE PAYMENT GROUP, LLC DIB/A TRAFFICPAYMENT.COM TO PROVIDE ONLINE AND PAY -BY -PHONE CITATION PAYMENT SERVICES. WHEREAS, the City of Anna, Texas (the "City") desires to provide expanded and efficient means for the payment of citations; and, WHEREAS, the City views online and pay -by -phone services as an efficient and effective means for citation payments; and, WHEREAS, the City Staff have found The Payment Group, LLC to be adept at providing online and pay -by -phone citation payment services; and, WHEREAS, The Payment Group, LLC and will provide these services free of charge to the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of Engagement The Council hereby approves the Contract attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same in its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26h day of July, 2012. ATTEST: �1- tha Wilkison, City Secretary OF f�ptHl� II IUH11N1# Res. 2012-06-07 Agreement with Payment Group Online Citation payment PAGE 1 of 1 06-26-12 6 E4, b, t- 1 " TrafficPayment.com Service Agreement Important— Read Carefully: This is an agreement between The Payment Group, LLC d/b/a TRAFFICPAYMENT.COM ("TP"), a Texas limited liability company, and the City of Anna, Texas ("Client"), for the license of TP online citation payment service, associated software, hardware, media materials, and electronic documentation. Client and TP are collectively referred to in this agreement as the "Parties". The purpose of this agreement is to state the terms and conditions under which TP will provide for Client online citation payment services to individuals who have received cilation(s) from Client for traffic or other legal violations ("End User"). Agreement 1. Services Provided: TP will provide 24-hour online citation payment services, toll free pay -by -phone services, and ancillary services for Client, Including all necessary Instalistionfsetup, promotional assistance, credit card processing, payments to client's specified account(s), and access to real time online reporting. Client agrees to retain the service of TP to act as an agent for the limited purpose of receiving and processing debit and credit card payment for traffic and parking citations. Client agrees to promptly clear all citations upon notice by TP that payment for such citations have been received by TP. If a "chargeback" to a creditfdebit card occurs, TP will handle the matter and make the proper adjustment on the next Client report, and Client will then reinstate the affected citation(s) as remaining outstanding and unpaid. 2. Timing of Contract: TP will furnish the necessary setup and perform all services required to begin processing citation payments online within twenty- four (24) hours, or as soon as Is practicable thereafter, of the time this contract and other paperwork are completed and received by TP. 3. Property of TP: All computer programs, written procedures, promotional materials, and other supporting Items used in the work performed for Client shall be the property of TP, and shall be returned upon termination of this agreement. 4. Hardware and Software Requirements: In order to access and view online reports, and communicate with TP, Client needs the following: Access to the Internet and ability to browse to TP administration website, an up - lo -date copy of Adobe Reader to view reports, and a telephone line for TP to communicate with Client when a payment is received or for any other common communication. 5. Information Provided by Client: Client must provide the following to TP prior to startup: a) Any and all standard contact information; b) Bank routing number, bank account number (If using direct deposit); and c) Bank account type for deposit of all payments (if using direct deposit). 6. Actions to be Performed by TP: TP will provide online payment service 24 hours a day, 7 days a week, toll free pay -by -phone service during business hours, and paper check or electronic payment to the Client for all citations paid using TP. TP will provide all necessary technical support to maintain the payment system 24 hours a day, 7 days a week. TP will send or electronically deposit funds and reports to Client on Wednesday of each weep for the previous week's (Monday -Sunday) activity to the account or address specified. All of TP's actions performed under this Agreement shall be performed strictly as an independent contractor relative to the Client, and nothing contained hereln shall be deemed to create a partnership or agency relationship. There will be no Joint control over the services provided under this Agreement and the Client shall not assume or exercise control over any of the means, methods, sequences, procedures, and/or techniques utilized to perform the services. 7. Term and Cancellation of Contract: The term of this agreement shall begin on the date executed by both parties and shall continue in full force and effect from that data until it is terminated by thirty (30) days written nonce from either party to the other. The hold harmless and indemnification obligations under paragraph 8 of this Agreement shall survive the termination of this Agreement. 8. Indemnity: TP will Indemnify and hold harmless the Client for causes of action and damages resulting from the wrongful arrest of defendants due to TP's negligence In processing and reporting payments In accordance with this Agreement, and otherwise Indemnities and holds harmless the Client and its agents, officers, directors, lawyers, accountants, and employees from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, Including (but not limited lo) reasonable attorneys' fees and costs of any legal action arising from the services provided in this Agreement. Client will hold harmless TP for causes of action and damages resulting from the wrongful arrest of defendants due to Client's negligence In processing payments or errors In information generated by Client and furnished to TP. Q ,� Initials: "TP" "Client" It(i�\ 9. Reservation: All rights not expressly granted In this agreement are reserved by the parties hereto. 10. Su000rk Services, TP will provide Client with support services related to all aspects of TP online citation payment prservice. omotional ma erialsoare he sTP web pecific services sortal, software upplorteid. Client tmay cont ct TP support se Ices during business hours Monday through Friday 8:00am to 6:00pm, CST. It is understood that TP will charge End Users a convenience fee for the use of its services, and in no event shall Client ever be responsible for any such fee. 11. Attorney Fees and Costs: If any action at law or in equity Is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements In addition to any other relief to which such party may be entitled. 12. Promotional Materials: Client agrees to the following for promotional purposes: a. to allow TP to use any logo or trademark of Client on the TP website for Client Identification If deemed necessary by TP, conditional on the parties reaching a mutually agreeable license agreement to be executed separate and apart from this Agreement; b, to allow TP to send promotional material to Client regarding TP services for Client to display on- site reflecting TP as an authorized agent of Client to receive payment of traffic and parking citations. The use of these materials is optional and Client Is in no way obligated to use or display. 13. Miscellaneous Provisions: a. Texas Law to apply: This provision shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this agreement are performable In Collin County, the State of Texas. Exclusive jurisdiction and venue over any dispute between the parties arising out of this Agreement shall be in Collin County, Texas. b. Parties Bound: This agreement shall be binding on and Inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. c. Legal Construction: In case any one or more of the provisions contained in this agreement shall for any reason be held invalid, Illegal, or unenforceable in any respect, that invalidity, illegality or unenforceable shall not affect any other provision of this agreement, and this agreement shall be construed as if the Invalid, Illegal, or unenforceable provision was not contained in the agreement. d. Sole Agreement. This agreement constitutes the sole agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. e. Waiver. Failure by either Party at any time to enforce any obligation by the other Party, to claim a breach of any term of this Agreement or to exercise any power agreed to hereunderwlll not be construed as a waiver of any right, power or obligation under this Agreement, will not effect any subsequent breach, and will not prejudice either party as regards to any subsequent action. The Payment Group, LLC d/b/a CiTY OF ANNA, TEXAS TRAFFICPAYMENT.COM Name: -Mark•JACitttrew-&AWU(yila� Name: Philip Sanders Title: President, Director Title: Address: 2805 N. Dallas Parkway Suite 230 Address: Plano, Texas 75093 Signature: -ff4�Signature: City Manager i I i N. Powell Parkway Date: June 26, 2012 Date: June 26, 2012 Initials: "TP" "Client"