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Res 15-06 Authorizing a Contract for an Online Service Agreement for the Payment of Court CitationsTOWN OF WESTLAKE RESOLUTION NO. 15-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT FOR AN ONLINE SERVICE AGREEMENT FOR THE PAYMENT OF MUNICIPAL COURT CITATIONS WITH TRAFFICPAYMENT.COM. WHEREAS, the efficient and convenient processing of payments for municipal court citations is important to the Town of Westlake; and, WHEREAS, the Westlake Town Council desires to continue to offer an online payment option in order for defendant's to pay their citations electronically; and, WHEREAS, TrafficPayment.com will provide this service through an online payment option and technological support for the Town of Westlake; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the agreement with TrafficPayment.com attached to this resolution as Exhibit "A", and authorizes the Town Manager to execute the contract on behalf of the Town of Westlake, SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-06 Page I of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 2" DAY OF MARCH 2015. ATTEST: KellylEdward4, Town Secretary ",(IT, , Lura L. Wheat, Mayor ��W=•+in Manager Resolution 15-06 Page 2 of 2 if TrafficPoyment TrafficPayment.com Service Agreement Important — Read Carefully_ This is an agreement between The Payment Group, LLC and its division, TRAFFICPAYMENT.COM ("TP"), a Texas limited liability company, and the Town of Westlake, 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 telephone citation payment services and/or online citation payment services to individuals who have received citation(s) from Client for traffic or other legal violations ("End User"). Agreement Services Provided: TP will provide online citation payment services 24 hours a day, and pay -by -phone services via toll-free number during normal business hours. TP will also provide ancillary services for Client, including all necessary installation/setup, 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 payments. Client agrees to promptly clear all citations upon notice or posting by TP that payment for such citations has been received by TP. If a "chargeback" to a credit/debit 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 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. Hardwareand ryare_i eguirenlenta In order to access posting of payments 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 email address, an up-to-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 TP: TP will provide 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 to Client on Wednesday of each week for the previous week's (Monday -Sunday) activity to the account or address specified. 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 date until it is terminated by thirty (30) days written notice from either party to the other. 8. Indemnity: To the extent allowed by law TP will 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. 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. The liability of either Party to the other with respect to this Agreement shall not include any contingent liability or exemplary or consequential damages. 9. Reservation: All rights not expressly granted in this agreement are reserved by TP. 10. Support Services: TP will provide Client with support services related to all aspects of TP citation payment service. The TP web portal, software applications, electronic payments, online reports, and promotional materials are the specific services supported. Client may contact TP support services during business hours Monday through Friday B:OOam to 5:OOpm, CST. It is understood that TP will charge End Users a processing fee for the use of its services, and in no event shall Client ever be responsible for any such fee. irri als: "TFP`_"Client TrafficPayment 40 11. Attorney Fees and Costs: If any action at law or inequity 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; and 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 the State of 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. The Payment Group/TrafficPayment.com Name: Leigh Sides Title: Director of Sales Address: 5151 Belt Line Rd. Suite 505 Signature: Date: The Town of Westlake, Texas Name: Thomas E. Brymer Title: Town Manager Address: 3 Village Circle, Ste. 202 Westlake Texas 76262 l Signature: �. Date:, E� lniiicals: ;7-'" TrafficPayment TrafficPayment.com Service Agreement Important— Read Carefully: This is an agreement between The Payment Group, LLC and its division, TRAFFIC PAYMENT.COM ("TP"), a Texas limited liability company, and the Town of Westlake Warrants Division, 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 telephone citation payment services and/or online citation payment services to individuals who have received citation(s) from Client for traffic or other legal violations ("End User"). Agreement Services Provided: TP will provide online citation payment services 24 hours a day, and pay -by -phone services via toll-free number during normal business hours. TP will also provide ancillary services for Client, including all necessary installation/setup, 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 payments. Client agrees to promptly clear all citations upon notice or posting by TP that payment for such citations has been received by TP. if a "chargeback" to a credit/debit 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 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 posting of payments 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 email address, an up-to-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 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 to Client on Wednesday of each week for the previous week's (Monday -Sunday) activity to the account or address specified. 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 date until it is terminated by thirty (30) days written notice from either party to the other. 8. Reservation: All rights not expressly granted in this agreement are reserved by TP. 9. Support Services: TP will provide Client with support services related to all aspects of TP citation payment service. The TP web portal, software applications, electronic payments, online reports, and promotional materials are the specific services supported. Client may contact TP support services during business hours Monday through Friday 8:00am to 5:00pm, CST. It is understood that TP will charge End Users a processing fee for the use of its services, and in no event shall Client ever be responsible for any such fee. 10. Attorney Fees and Costs: If any action at law or inequity 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. Initials: "TP" Client° RES 15-06 �'" TrafficPayment 11. 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; and 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 the State of 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. The Payment Group/TraffePayment.com The Town of Westlake Warrants Division, Texas Name: Leigh Sides Name: Thomas Bryner Title: Director of Sales Address: 5151 Belt Line Rd. Suite 505 Signature: Date: Title: Address: Signature: August 11, 2015 Date: Town Manager 3 Village Circle Suite 202 Westlake, TX 76262 Initials: "TIP" r/<_client"� Direct Deposit A0.0 -ft - Information Sheet TrafficPayment Please fax completed forms to: 972.384.4567 Institution Name Westlake Warrants Division Address (line 1) PO Box 2180 Address (line 2) City / State / Zip Westlake, Texas 76262 Contact Name / Contact Phone # Troy Crow (817) 490-5716 Tax ID # On File Email Address tcrowCaDwestlake-tx.org; Msolis(a�westlake-tx.org; (this email address will be used for -� payment notification) Swilson westlake-tx.orq How many citations do you issue on a monthly basis? (this will be used to determine how many complimentary stickers you will be provided) Deposit Information Please send our payments via direct deposit to the account provided below Bank Routing Number On File Bank Account Number On F 0012 145687480111" Please fill out the information above and sign below. Signature Date