17-0315 Moneta Enterprises CREDIT CARD PROCESSING SERVICE AGREEMENT
THIS AGREEMENT is hereby made and entered into this _ tic day of
,,,rc,1,, 2017 by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "City") and Moneta Enterprises, LLC, an Illinois limited liability
company d/b/a CourtMoney.com (hereinafter referred to as "CM").
WHEREAS, the parties hereto intent to enter into an agreement whereby CM shall
process credit card payments made by individuals posting court bond payments(such individuals
hereinafter being referred to as "Payee"or "Payees");
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. System Description. CM shall provide a payment processing service for payments by
credit or debit card. Such service shall be provided via a remote processing location 24 hours per
day/7 days per week. CM shall also provide instructions by phone directing individuals as to
how to make payments using CM's aforementioned payment processing system.
3. Fees. CM will charge the Payees the fees for services described in Attachment A,
attached hereto and made a part hereof.
4. Chargebacks. CM shall be liable for any and all chargeback costs and shall be
responsible for the processing of all chargebacks. City shall provide CM with information
necessary to process all transactions, including but not limited to chargebacks.
5. Term. This agreement shall terminate December 31, 2020. City may terminate this
agreement at any time for convenience upon thirty (30) days written notice without penalty.
Upon termination of this agreement City shall return any hardware that CM has provided to the
City for the City's use during the term of this agreement. CM may terminate this agreement in
the event the City fails to comply with CM's procedures.
6. Advertisement of the Service. The City shall post information regarding the CM
payment option in all locations where information about other payment options are available.
CM will provide inserts and signage to the City at no cost to the City. The City shall allow CM
to place signage at locations describing the services provided for herein at the sole discretion of
the City's Chief of Police.
7. Quality of Services. CM hereby warrants and represents that it is qualified to perform,
and shall perform,all services provided hereby in a workman like manner.
8. Compensation for CM. CM shall not be entitled to any compensation with respect to
the service other than that set forth in Attachment A which is paid by the Payee and not the City.
No fees or other payment shall be made by the City to CM. The basic services to be provided by
CM are as described by Attachment B, attached hereto and made a part hereof. CM shall
provide all training as necessary for the City at no cost to the City.
9. Communications. CM shall provide toll free numbers for communications between the
City and CM and for communications between Payees and CM.
10. State and Federal Taxes. The City shall not be responsible for paying any state or
federal taxes on CM's behalf.
11. Reconciliation. CM shall provide a reconciliation report to the City and to such other
entity as may be designated by the City each business day for all transactions completed. The
City shall have access to such reconciliation reports to use at its discretion. The amount to be
paid to the City will be forwarded to the City's designated bank account within two business
days.
12. Independent Contractor. CM shall perform all the services under this agreement as an
independent contractor and not as an employee of the City. CM understands and acknowledges
that it shall not be entitled to any of the benefits of the City's Employees. The City has the right
to rely and does rely upon the expertise of CM to perform the services in a skillful and
professional manner. CM agrees to perform the services in such a manner.
13. Responsibilities of the City. The City will follow the CM procedures for all
transactions. The City shall provide the equipment to receive and process reconciliation reports
and transactions.
14. Confidentiality and Nondisclosure. Any information or data obtained, documents
produced, or any other material obtained by CM from Payees or from the City shall be kept
confidential and shall not be disclosed to any party other than the City except as may be lawfully
necessary to provide the services provided for herein.
15. Notices. Any notice or consent required to be given under this agreement shall be given
to the respective parties in writing, by first class mail or by facsimile to deliver to:
City of Elgin CM
Police Department Mr. Joe Helleny,President
Attn: Ana Lalley CourtMoney.com
151 Douglas Avenue P.O. Box 578
Elgin, IL 60120 Marion,Illinois 62959
618-993-8734
Or at such other address or to such other person that the parties may form time to time designate
under this section,which are sent by mail, shall be deemed to be received five(5)days following
their deposit in the U.S. Mail. Notices and consents under this section, which are sent by
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facsimile, shall be deemed to be received when such facsimile is transmitted to the facsimile
number specified in this section and a confirmation of such facsimile has been received by the
sender.
16. Exclusive Agreement. The City agrees that CM will be its only provider for this type of
service during and for the term of this agreement.
17. Jurisdiction and Venue. This agreement shall be subject to and governed by the laws of
the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights
arising out of or in connection with this agreement shall be in the Circuit Court of Kane County,
Illinois,without jury. CM hereby irrevocably consents to and subjects itself to the jurisdiction of
the Circuit Court of Kane County, Illinois. Service of process upon CM by U.S. mail shall
constitute effective service.
18. Electronic Signature and Transmission. This agreement may be executed in
counterparts, each of which shall be an original and all of which shall constitute one and the
same agreement. For the purposes of executing this agreement, any signed copy of this
agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an
original document. The signature of any party on a copy of this agreement transmitted by fax
machine or e-mail shall be considered for these purposes as an original signature and shall have
the same legal effect as an original signature. Any such faxed or e-mailed copy of this
agreement shall be considered to have the same binding legal effect as an original document. At
the request of either party any fax or e-mail copy of this agreement shall be re-executed by the
parties in an original form. No party to this agreement shall raise the use of fax machine or e-
mail as a defense to this agreement and shall forever waive such defense.
19. Compliance with Law. Notwithstanding any other provision of this agreement, it is
expressly agreed and understood that in connection with the performance of this agreement, CM
shall comply with all applicable federal, state, city and other requirements of law, including,but
not limited to, any applicable requirements regarding prevailing wages, minimum wage,
workplace safety and legal status of employees. Without limiting the foregoing, CM hereby
certifies, represents and warrants to the City that all of CM's employees and/or agents who will
be providing products and/or services with respect to this agreement shall be legally authorized
to work in the United States. CM shall also, at its expense, secure all permits and licenses, pay
all charges and fees, and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this agreement.
The City shall have the right to audit any records in the possession or control of CM to determine
CM's compliance with the provisions of this section. In the event the City proceeds with such an
audit, CM shall make available to the City CM's relevant records at no cost to the City. City
shall pay any and all costs associated with any such audit.
20. Damages. The City shall not be liable to CM for any monetary damages for any purpose
or upon any basis whatsoever.
21. Severability. The terms and provisions of this agreement shall be severable. In the
event any of the terms or provisions of this agreement are deemed to be void or otherwise
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unenforceable for any reason, the remainder of this agreement shall remain in full force and
effect.
22. Hold Harmless. The CourtMoney website is compliant with the Payment Card Industry
Data Security Standard and CourtMoney agrees to hold City harmless for any fraud, viruses, or
identity theft which may occur through the use of this system provided that the occurrence of
such fraud, viruses or identity theft is not the result of conduct by City employees, personnel or
agents.
IN WITNESS WHEREOF, the parties have entered into and executed this agreement as
of the date and year first written above.
CITY OF ELGIN MONETA ENTERPRISES, LLC d/b/a
CourtMoney. Om
By:....‘/AW/e ° ,41{
e By:
chard G. Kozal, City Manager J.$ es J.He eny,President
Attest:
. ///,a1;/ 61 a Ati_e_>.&
City Clerk
F\Legal Dept\Agreemenf Moneta Enterprises-CourtMoney.com Agr-clean-3-15-17.docx
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ATTACHMENT A
COURTMONEY Transaction Payment Fee Schedule FOR CASH BAIL
Cash Bail Fee 7%
COURTMONEY Transaction Payment Fee Schedule FOR FINES AND OTHER FEES.
$0.00- $50.00 $ 1.75
$50.01-&Up 3.5%
Call center transactions will add an additional$3.50 for each transaction.
This fee schedule can be amended by CourtMoney at any time with written notice to the City.
RECONCILIATION
TIME LINE FOR RECONCILIATION OF PAYMENTS
CM will keep available to the City on a web site a history report for all transactions completed
through CM. The amount paid to the City will be forwarded electronically to the City designated
account within two(2)business days by CM.
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ATTACHMENT B
CourtMoney.com Basic Services
There are no fees paid by the City to CM for basic services. The basic services include the
following:
1. Remote credit/debit card payment service with call center and internet transaction
capability.
2. Service available 24 hours a day,seven days a week,365 days a year.
3. Payments made to the City are via ACH.
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