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HomeMy WebLinkAbout2010-43HEWN • MILMDOCUMENWIClARSTS • CUSTOMER SERVICE AGREEMENT with The City of Clermont FL THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho and the City of Clermont, FL. hereafter referred to as CLIENT. This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: Attached: Payment Solutions Scope of Service & Pricing including IVR, Online, OTC payments with credit rr /debit cards and ACH checks and Re -Occurring credit I debit payments. Terms: Client agrees to pay BDS within 30 days of invoicing. BDS will have the right to withhold any processing while there is an unpaid delinquent balance. Liability: In the event that any information processed on behalf of Client by BDS is not accurate, and such inaccuracy causes the processed data to be unacceptable as a finished product, BDS will re -process such data at no additional charge, and no other liability is implied. It is expressly understood and agreed that BDS shall not be liable or responsible for any damages resulting in the delay in the processing of data or resulting from any unacceptable finished product processed by BDS. BDS's liability hereunder shall be limited to the additional cost it incurs in re -process the mishandled data. BDS makes no other warranty expressed or implied for its services hereunder. Indemnification. BDS shall indemnify and save and hold harmless Client from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by BDS, its servants, agents, employees, guests, and business invitees, and not caused • by or arising out of the tortious conduct of Client or its employees. Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent of BDS will be deemed an -77 employee of Client. The selection and designation of the personnel of the Client in the performance of this agreement shall be made by the Client. Attorney Fees: Should any litigation be commencedbetween the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the • party so failing to perform. Assignment: It is expressly agreed and understood by the parties hereto, that BDS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CLIENT. • Discrimination Prohibited: In performing the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Reports and Information: At such times and in such forms as the Client may require, there shall be furnished to the Client such statements, records, reports, data and information as the Client may request pertaining to matters covered by this Agreement. Audits and Inspections. At any time during normal business hours and as often as the Client may deem necessary, there shall be made available to the Client for examination all of BDS's records with respect to all matters•covered by this Agreement. Compliance with Laws. In performing the scope of services required hereunder, BDS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Changes. The Client may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of BDS's compensation, which are mutually agreed upon by and between the CLIENT and BDS, shall be incorporated in written amendments to this Agreement. Termination. If, through any cause, BDS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this y� F • HDS"64 D/L LING DOCUMENT SPfC141 1STS agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Client Council determines that termination of this Agreement is in the best interest of Client, the Client shall thereupon have the right to terminate this Agreement by giving written notice to BDS of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. BDS may terminate this agreement at any time by giving at least sixty (60) days notice to Client. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by BDS under this Agreement shall, at the option of the Client, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, • such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Approval Required. This Agreement shall not become effective or binding until approved by BIDS and the Client. Governing Law and Forum: This Agreement will be governed by the laws of the State of Idaho, and constitutes the complete and exclusive statement of this Agreement between the parties which supersedes all proposals, written or oral, and all other communications between the parties related to the subject of this Agreement. The parties agree that all state court legal matters shall be commenced and litigated in Canyon County, Idaho, and all federal court matters shall be commenced and litigated in Boise, Idaho. Each party hereby waives any right to bring a cause of action in any other venue, court or geographic location Term of Contract: The term of this agreement shall be/Q l- /O to - e-// At the end of this period, the agreement may be renewed with reviews by both parties. The signatures below indicate acceptance of the agreement. 0 711-��.*7771:,7�� '7-, — y � BD� HILLMar XMIMUT Pffffl ISTS Acceptance for: • Date q-141-oWIO Please Type or Print Authorizing Party Name M(-L)�d S. �)Lfv'\I'k IC, / &I- j IAQ L 0 Acceptance for: Billing *Docment Specialists �'pc ' 'is's Ins. Robert Jenkins, President Date: Aug 27,2010 EDSMIe BrctlNG1 l7CHMENrspfcIAusrs Web interface Set up Monthly Maintenance E Statements Set Up E Statement processing Monthly Maintenance Set Up Import Data File Web pdf images Set up Card Scanner Monthly Maintenance Set up Proposal To Black Mountain Client City of Clermont, FL $1,500.00 $125.00 $1,250.00 $0.25 $75.00 no charge $0.01 $500.00 $75.00 $50.00 no charge $750.00 Custom Branding of the On-line web page Including standard recurring payments $75.00 Web site maintenance includes minor page modifications i.e. contract information / disclaimer messages etc. Import files including text reoorts. $500.00 $0.25 per a statement sent, BDS will set up a data base of all customers signed up to receive E Statements, pull the print file so that no paper statement is mailed and attach any "inserts" pdf images to the statement image so that all customers receive special notices. $50.00 no charge This charge would only apply if BDS does not process the $0.00 Print & Mail file to enable BDS to have Customer validation data for the reports and import file to the Clients software $300.00 BDS would provide a web based page to post over the counter/ Front $75.00 Desk credit card payments. In the event that the current Client $25.00 software does not include a credit card interface this service allows the client to enter the account number/numbers, totals appear on the screen personnel can edit the amounts to pay, scan the presented credit card , all data is read from the card and the payment is processed and all import and reports in the same manner as on-line i)avments. no charge Per Transaction Fee 1 $0.10 1 $0.10 Some customers use their bank's bill pay systems, these payments are processed with thrid party vendors which create a paper check that is then mailed to the Client. BDS has agreements with the three major processor to elimate the paper check, the monies are deposited daily to the Client's account and a electronic file is sent to BDS, we validate the acount numbers, post the payments to the Admin site and create -Imliliiiiiil� the import file to update the Client's UB customer's accounts. Programming Special Programming per hour $100.00 $100.00 BDS has never charged for minor changes, in the event of a complete file format revision, new software vendor or other major customization or special requests not specified . IVR Automated phone payments setup $250.00 $150.00 BDS will program a dedicated phone number for Client's customers to call Inbound Per call for balances and messaging to check balances, leave messages and or make credit card payments. This without payment transactions $0.25 $0.25 is a touch and voice activated system. Import files and posting of payment to the Admin Web Site details by customer search and reporting the same as all other payment services. Per call payment transaction $1.50 $1.50 Some Client are passing on the per transaction fee to the customers, BDS advised the user that the fee will apply and totals the amount due. The fees are separated from the payments in the import file so that only the amount due is post to the account. OUTBOUND (Available July 2010) Monthly Fee $25.00 $25.00 Per outbound call $0.15 $0.15 Plus long distance charges if they apply Merchant Fees Credit Card and or ACH check processing fees tbd Nxgen can offer a discount rate from Master Card and VISA for qualified will be billed directly to the Client credit cards. This rate has saved our City customers considerable over other from Nxgen Services processors. Nxgen can offer Revenue Neutral no charge Revenue Neutral means no fees to the City, The end user is charges a small processing for City agencies. % fee for the convenience of using credit cards, ACH transaction can be set at a flat fee.