HomeMy WebLinkAboutLW14-001 - Original - nCourt LLC - Kent Municipal Court's Online Payment Program - 01/01/2014 O Recor s NV-mtgem er ,
KEN
W ASHIN GTON Document
i"
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: nCourt
Vendor Number:
JD iEd�w�ards Number
Contract Number: wV j' -®Q i
This is assigned by City Clerk's Office
Project Name: Online payment program
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 1/1/14 Termination Date: Notice
Contract Renewal Notice (Days): No Notice
Number of days required notice for termination or renewal or amendment
Contract Manager: Margaret Yetter Department: Court
Detail: (i.e. address, location, parcel number, tax id, etc.):
Contract for online payments of court fees.
S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
.Court
Date December 17,2013
Kent Municipal Court
1220 Central Ave S
Kent,WA 98032-7426
As requested,this letter agreement("Agreement")with the Kent Municipal Court sets forth our mutual
understanding of the terms and conditions pertaining to nCourt LLC providing the Kent Municipal Court with an
online payment program.
For good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties
agree as follows:
1. nCourt LLC("nCourt")is a government services technology company that, among other things, provides
software that permits citizens to pay their financial obligations on-line with a credit or debit card(the
"Program"),
2. nCourt shall build, host and maintain a court-speclflc website(s)for the Kent Municipal Court with the
website:www,kentwapayment com(if desired)
3 All costs for development, hosting, application, processing, customer service and merchant fees related
to the Program are underwritten by a'user fee'of 5% included in the payment transaction.
4 There is no cost to the court for the Implementation and operation of the Program
5. The payer holder will be simultaneously advised that the transaction has been completed.
6. Payments are deposited daily into a custodial account and transferred by ACH Electronic Transfer to the
Kent Municipal Court on a predetermined basis The payment will be accompanied by a reconciliation
detailing the paid fines/bills included Any money transfer fees will be absorbed by nCourt
7. nCourt guarantees to the Kent Municipal Court all fees collected, regardless of any charge back issues.
S. Upon notification of a change In any payment amount which has not yet been entered into the court's
database(and therefore is not in the nCourt system), nCourt will take necessary action to secure the
additional funds or refund an overpayment
9. nCourt shall provide a toll-free telephonic customer service function to ensure that members of the
public utilizing the Program have a satisfactory experience that does not require the technological
assistance of court personnel.
10. In order to ensure high utilization of the Program and thereby further streamline payment processing,
the website address can be printed on all traffic statements and bills.
11, The disclaimer language to appear on the website is contained in Appendix A, attached hereto.
12. This Agreement may be terminated by the Kent Municipal Court at will
103 Springfield Center Drive,Suite 100 in Woodstock,GA 30188■(770)516,4919 a(800)701-9560
500 Fast 85tb Street,411H■New York,NY 10028■(212)472-8538
1,Court
13. nCourt shall defend, Indemnify and hold the Kent Municipal Court (City), its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with nCourt's performance or
lack of performance of this Agreement, except for Injuries and damages caused by the sole negligence
of the Kent Municipal Court (City). This duty to defend, indemnify and hold harmless shall include, but
shall not be limited to, any claim that payment by use of nCourt's services, or payment in accordance
with this Agreement, violates any federal or state law, regulation, right, or court rule The City's
Inspection or acceptance of any of the nCourt's work when completed or payments from nCourt
pursuant to the terms of this Agreement shall not be grounds to avoid this duty to defend, indemnify and
hold harmless.
14 This Agreement represents the final agreement of the parties. No amendment or modification of this
Agreement shall be valid or binding upon either party unless made in writing and signed by the party
against whom it is to be enforced,
15 Notwithstanding any other provision of this or any other agreement, this Agreement shall be interpreted
and construed in accordance with the laws of the state of Washington. Any dispute relating to this
agreement or the relationship between nCourt and the Kent Municipal Court shall be resolved in the
King County Superior Court.
16. The parties acknowledge that they have executed this Agreement as of the date and year first above
written.
By signing below, the parties certify they are authorized to execute this agreement, and agree to the terms of
the Agreement set forth herein.
nCoyrf LLC Agreed and Accepted:
Kent Muni !pal Court
B , By:
G
Z/23113
103 Springfield Center Drive,Suite 100 is Woodstock,GA 30188 is(770)516.4919 in(800)701-8560
500 East 85"Street,#11H■New York,NY 10028 is(212)472-8538
nCourt
TERMS AGREEMENT — Appendix A
To continue to pay this payment,you must accept tite following TERNS OF USE.Please read and understand,completely,
the following tens and prose the'ACCEPT TERMS'button to continua to payment or preas the"DECLINE TERNS"button
to return to the previous seism.
The systems in place for automated processing of Information from this court have been tested thoroughly and are subject
to multiple levels of backup,mrifirmation and security.By using this process,the User understands errors may occur just as
errors can occur with human processing of informabon, By using this service you agree that this is voluntary and you(the
User)understand that the process fee added to the payment will be paid to the processing company for merchant services,
web hosting,administration and other costs and expenses and no part of the additional filing fee directly benefits the court,
the judge,the county,or any specific cMl service individual in any way.
Your information is public record.However,to the extent possible,private information will not be distributed over the
Internet for purposes other than processing this citation and there will be absolutely no commercial dissemination of private
Information.
Participation in this process requires that you electronically verify your signature through an online debit or credit card
transaction.By doing so,you verify that you are above the age of eighteen,competent to contract in Washington,
understand that you may be waiving a number of Important constitutional and legal rights and,
most Importantly,that you are authorizing the clerk to TREAT YOUR CASE AS IF YOU HAD
PROVIDED A PAYMENT AND SIGNATURE IN PERSON AT THE COURTHOUSE and,to so note In the
official record of the case.If ygu do not agive with this.do not use the electronic process to satisfy your Wyment
obligation
By using this process,you agree to release the court and its personnel,as well as nCourt LLC,its and their successors,
assigns both in their individual and corporate capacity(collectively the'provrders')from any cause of action sounding in
contract or negligence based upon the information provided to you or the court or distributed bo you or the court.The
operation of this online filing project is based In Woodstock,Georgia and any action of any nature against the company must
be brought In King County,Washington.The providers of this program agree to use all reasonable efforts to provide
accurate processing of information provided from the court files and to diligently distribute information provided by the User
to the court Providers cannot and do not guarantee the accuracy or timeliness of any provided information and expressly
disclaim any warranty including merchantability and fitness for a particular use under the Uniform Commercial Code of
Georgia beyond the extent of the filing fees paid by the user for the service.You agree riot to challenge the use of any
electronic payment and additionally agree that any action brought by the Providers against you to enforce any electronic
payment for which any benefit has been provided to you in any way shall entitle the Providers to per se probable cause for
criminal action fior theft of services or for civil recovery of all fees paid,plus convenience fees,plus costs,plus attorney fees,
plus any incidental or associated damages proven.
by providing your name and Credit card number,you signify that you pre above the age of 18,and that you
verify your identity and consent to the processing of this online payment to the extent allowed by law.
The following submission process uses Secure Sockets Layer(SSL)encryption to virtually eliminate the possibility of
unauthorized access to your private Information while it is transferred across the Internet.Your personal data is NOT stored
on computers administered by nCourt LLC. However,by submitting this Information electronically you are acknowledging
that neither the court nor nCourt LLC assumes any liability for data submitted via this Internet platform.
Please Indicate your consent to these terms by pressing the'Accept Terms'button.
103 Springfield Center Drive,Suite 100 a Woodstock,GA 30188■(770)516-4919 a(800)701-8560
500 East 85'h Street,#l1H a New York,NY 10028 a(212)472-8538