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HomeMy WebLinkAboutAgenda Report - February 16, 2022 C-17AGENDA ITEM (2,47 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute a 3 -Year Agreement with Cardknox Development Incorporated, of Howell New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn New York, for Processing Online and Point -of -Sale Credit/Debit Transactions in Conjunction with the Permit, Project, and Code Case TRAKiT Software and Appropriate Funds in the Amount of $10,000 MEETING DATE: February 16, 2022 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a 3 -year agreement with Cardknox Development Incorporated, of Howell New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn New York, for processing online and point-of-sale credit/debit transactions in conjunction with the Permit, Project, and Code Case TRAKiT Software and appropriate funds in the amount of $10,000. BACKGROUND INFORMATION: Community Development Staff implemented the new Permit, Project, and Case TRAKiT Software back in January 2020. Staff has been working with the Revenue Division, who is responsible for collecting payments for the City of Lodi, to determine what is needed to implement the online payment portal for the TRAKiT Software. When the City purchased the software from Superion Cardknox was the only authorized representative that they worked with to provide the bridge between the software and the portal for online payments. Currently customers paying permits, projects or code case fees can only pay by check at the Community Development counter. If they would like to pay by credit card they are given an invoice to take to Finance and then they have to bring the receipt back to Community Development to finalize the processing of their item(s). Staff would like to eliminate this step by contracting with Cardknox Development Incorporated. This contract will give customers the ability to pay fees with a credit card both at the Community Development counter and online. Staff believes that this new online portal will increase the current demand for credit card usage, which will in turn increase our budget needs to plus or minus $25,000 per year. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a 3 -year agreement with Cardknox Development Incorporated, of Howell New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn New York, for online and point-of- sale credit/debit transactions in conjunction with the TRAKiT Software and appropriate funds in the amount of $10,000. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Authorize the CM to enter into an agreement with Cardknox, NYM Services DBA Fidelity Payment Services February 16, 2022 City Council Meeting Page 2 of 2 FISCAL IMPACT: Costs for Cardknox Development Incorporated, NYM Services DBA Fidelity Payment Services equipment and services will be paid by the Community Development Special Revenue Fund. FUNDING AVAILABLE: Additional Appropriation in the amount of $10,000 from Community Development Special Revenue Fund for service charges not already budgeted to account 27081000.72312 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director <�D John . Del1a Monica, Jr. i Cam nity Development Director JDM/KJC Attachments Fidelity I A Swipe Ahead MERCHANT PROCESSING APPLICATION Agent Names City of Lodi - ComOev ❑■ NEW ACCOUNT []ADDITIONAL LOCATION -Existing MID #: BUSINESS INFORMATION: Business Corporate Name City of Lodi, California Business DBA City of Lodi, California Location Address 221 W. Pine St. city Lodi - state CA - zip 95244 Mailing Address P_O. Box 3006 city Lodi state CA I zip 95241 Phone #209-333-6714 j Fax # NIA TollFree # Website AddresswWW.10dL90V I Email address kchadwick@iodi.gov Ownership Type: ❑ Corporation ❑Partnership ❑Sole Proprietor Business Start Date 1906 Tax Ip # (s digits) ® El El 0 0 Elin Account DDA # Bank Routing # ❑ Voided check SU11MiIlRd Description of Goods/Services Said Building & Encroachment Permits, Cade Enforcement Cases & Project Applications Average days between transaction and delivery NIA Do you drop snip? ❑ yes iR no For how many days is your refund policy? N/A SI ORMATION: Signer Name Title Signer Home Address City Zip Signer Home Phone # {ell # 50 ' runty # Date of Birth Do you currently accept AMEX? Additional Services ❑ Yes Existing American txiness AccounE Number: 11ACH ❑ Check21 iiiiINo Would you like to apply for anew AMEX account? ❑ yes ono ❑Gift/Loyalty Cards Do you accept EBT? yes ; no please provide EBT # CREDJtQ fCR CONSEM; S4 SIGNING BELOW, I THE UNDERSIGNED REPRESENT THAT I HAVE READ. AND AM AUTryORfiEO TD SIGN ANP SUBMrr THIS APPLICATION ON BEMALF of THE Bt151NESS IDENTIFIED ABOVE AND ALL INFORMATION I HAVE PROVIDED HEP EIN IS TRUE, COMPLETE, AND ACCUMTE.I AUTHORIZE PIDELgW PAUAENT SERVICES TO CQI ELT, TORE AND DISCLOSE THE INFORMATION IN THIS APPLICA' TION ANP IN FORMATION ASW T ME PERSONALLY, INaUPING BY REQUEST NG REPORTS FROM tMUMER REPURSING AGENC1LS Iry ORDER TO ASSESS THIS APPUDATkM AND ITS ONGOING RELATIMSHIP WITH MY euslnEss. I PRI R'.I UNDERSTAND THAT AS PER -HE CAPD A550OA71ON REGULATIONS, IF I ACCEPT CREDIT CARDS IN R'CARp PRfsENr ENYIRDNNTEM ,, I EVA REQUIRED 7-n HAVE A MANOAL IMPRINTER FOR IRI STANCF5 WHORE A CMD WILL NOT SWIPE AND THE CARD CIETAR5 HAVE :[S aE R€YEO IN I.uA ALSO AWARE THAT I CAN OBYAfN AN IMPFINTfR FROM FIOEtM PAYMENT SERVICES ANO IT IS MY 4ESPM511141 TY TO REQUEST CNIE IF /CEEDEn. ACH CDNSENT. aY gGNINO BEL^ I AVTM MISE FIDELITY DAYMEN T SERNCE5 TO DMIT NA A04 THE DESIGNATED ACCOUNT, AS 5PECJFIED ELSE WHERE IN TMK APPUCATION, OR ANY OTHER ACCOUNT MY BDSINESS OR I HAVE AT THE 8ANx SPEQFI ED ELSEWHERE IN THIS AFPUCRTION QR AT ANY OTHER FI NANCM INSTITUTION FOR ANY AMCRINT I OWE eiIPWTV PAYMENT SERVICES UNDER MIS AGREEMENT OR UNDER ANY OTHER LONTM-r,, NOTE, 1LWAWT INSTRLBdENT OR DEAUNG OF ANY xINO AFDW EX15TING OR ITER ENTERED VOCI BEATEN MY BUSINESS EIR MYSELF AND TIDEUTY PAYMENT SERVICES, WHETHER SOCH QKrGAVM IS DIRECT. INDIRECT. PRIMARY, SECON DABY, FINM EQNTINGMTi IMT OR SEVERAL •N THE EVENT FIOELITV WMEW SERVICES❑EMANDS SWAB DUE OR SUOI AGH DOES NOT :ULLY RETMWFLSE FIDELITY PAYMENT 9EAVICES FOR THE AfYUJUNT CMD. WILL IMMESBATELY PAY FIDEOTY PONME NTSI!"CE55U[H A DURT EE3M5 AND :ONODIONS, 1 HAVE READ, •JNDERSTOVOD ANO AGREE -] THE TERNLS AMII COHOIr10gSAPW CABLE rDA NIVAQ ANT PO$TEp TQDATATTHE F IDELITYPAYMENT SERw CES WEB SITE 'NWWODEOT VMENT.CDMIrERM5ANOCCNDIT1oNS - a MPER W"Y a SUCH TENMSANO C DIT MS L5 AVA¢AME TO YQU UPay REQUEST Signature:X _ Date: Print Name: 6ke&la 442 South Fifth Street ■ Brooklyn, NY 11211 • Tel --1-888-847-Z627 • www-fidelitypayment.com +delity aayment 3eryke5•s a Iegisjernd 1501M5P'ji WeIK FjrgD samc, NA. Walnut Creek 1 A Member rDt( -Ind U5 Bank Minneapolis MN - M3n9 FHdelTty Paymenl SeIVIL4?5 rl OmahaWF20p4 • OmahaWF20040a) Sales Office Print Sales Rep Name Josh Lieberman Sales tOx Merchant Number Sales Rep. Signature Phone d: 1. BUSINESS INFORMATION Page 1 06 Client's Business Name (Doing Business As): Client's Car pe rate /Legal Name (Use Also For headquarters Information), City of Lodi, ComOev Cily of Lodi, California Business Address' Billing Address (If Different Than Location Address): 221 w_ Pine St P.O. Box 3006 City: State: Zip. City: State: Zip: Lodi CA 96240 Lodi CA 95241 Location Phone 4: Location Fax 4: Contact Name - 209 -333-6714 NIA Kari Chadwick Business E-mail Address: Contact Fax A 1 Email Address: kchadWick@lodi.gov kchadwick lodi.gov Business Website Address: Contact Phone #: www.lodi.gov 209-333-6714 Customer Service Phone C Customer Service E-mail Address: Send Retrieval Requests to Business Location ❑ CorplLapal Location 209-333-6714 kchadwickQlodi.gov Send Memhartt Merrthiy Statement tar Business Location ❑ CorplLegal Location Date Business Started: 1908 INDIViDUALISOLE PROPRIETORSHIP: State in which Certificate of -1 TAX EXEMPT ORGANIZATION (501 C) State' XGOVERNMENT (Federal, State, Local) INTERNATIONAL ORGANIZATION ❑ LIMITED LIABILITY Assumed Name Filed: State: ❑ CORPORATION — CHAPTER S, C State: Location Filed: COMPANY Slaie Filed: MEDICAL OR LEGAL CORPORATION State: ❑ ASSOCIATION/ESTATEITRUST State Filed: 0 PARTNERSHIP State Filed: Name (as it appears on your income fax retumt FEC7ERAL TAX ID # Q 1 certify that I am a foreign entity/nonresident.ellen. (as it appears on your Income tax refum) (If checked, please arfach IHS Form W -&J NOTE: Fall ure to provide accurate information may result in a Withholding of merchant funding per IRS rag utatlons. (See Part iV, Section A.4 of your Program Guide for further information.) 'SiCIMCC: IATA/ARC: (MCC 4722 Only) Nate: 'If your business is classified as High Risk and assigned for is later assigned ha sed upon your business activlty) any of the following Merchant Category Codes (MCC): 5%5, 5967 and 7841f , then registration is required with Vlsa sndlor MasterCard within 36 days from when your account becomes active. An Annual Registration Fee of 5500 may apply for Visa andlar MasterCard (Sohl registration fees couid be $1,000.00). Failure to register could result In fines In excess of 310,000.40 for violating visa arMlor MasterCard ragulations2_ fR Omi mfinn tnr ur r7adi In nniy rorpi IrrA fnr nnn-faratnrfrr ndr,It ennfrmt stntormaf on heraln, including appllcabla UCts, Is subject to change. Detailed Exrlanal1cn of Type of Merchandise, OnAuc.s or Scrs ices Sal:: Building Permits, Project Applications, Encroachment Permits and Code Cases 2- AOOITIONAL CREDIT I SITE SURVEY INFORMATION — ALL MERCHANTS 1. Zane: ❑ Business District ❑ Industrial U Residential 13. Do you have a refund pollcy for MCIVisal Discover' Network -PayPal/Amerlcan Express OptBlue" Sales? Z_ Location: ❑ Mall !- Office ❑ Home ❑ Shopping Area =+ Yee � i Nn M yRN, rhf+rk nn@' ❑ Apartment ❑ Isalated ❑ DaoMci-Door ❑ Exchange ❑ MCIVisa /DI scover Network -Pay Pall ❑ Flea Market ❑ Other ❑ Store Credit American Express OptBlue•Credit 3. How many employees: if MCIV/Discover Network-Paypal/American Express 0ptBlue' Credit, within how many days do you submit credit transactlons? 4. How many rag isterslTerminals: ❑ 0-3 0 4-7 128-14 ❑ Over 14 5. Is proper license visible? - Yes 14. Advertising Method fRttach at least ane}: C Catalog it Brochure _ Direct Mail ❑ TV/Radio No, explain: ❑ Internet E. Phone - Newspaper/Journals ❑ Other 6. Where is the merchant name displayed at the site? Markering Materials required for Mall Order, 9 ro B, Infemer over 31 Million in annual volume. Attach Web Page for Internet Merchant - Window - Oaar -, Stare Front 15. Previous Processor: 7. Merchant Occuples: - Ground Floor ❑ Other: 16, Check Reason For Leaving: ElRate ❑ Service 0 Terminated ❑ other: 8. Oat FEoorslLevels: ;- 1 -124 0 5-11a ❑ 114- Maill7elephone Order/Business to Business I Internet Information 9. Remaining Floors) Occupied by: (AM Questions must be Answered) ❑ Residential C Gvmmercial I] Combination ; ; None 1. What is the time frame from transaction to delivery? (% of orders delivered in): 10. Approximate Square Footage: 6-7 days % + 8-14 days % + 15-30 days % + over 30 days % = 100% _1 0.250 ❑ 251-5DO 561-2,{)00 J 2,601 plus ,� 2. MCIVlso10iscover Nalwork-PayPailAmerican Express Opt Blue' soles are deposi led (check me), 17. Are customers required to leave a deposit? 7 Date of order ❑ Dete of delivery ❑ Other (speciryi: - No ] Yes Ii Yes, °d of deposit required: 96 --; 3• Does any of your cardholder billing involve automatic renewals or 12. Return Policy: Full Refund - Exchange Only J None recurring transactions (i.e.. cardholderautharltes initialsale orr1Y17 -_ Yes ;_ No Merchant Initials. DSA Name: City of Lodi. ComOeN _ Merchant M. Page Z of 6 OmahaWF2004 9. OWNERS 1 PARTNERS ) dxPICERS OWNER I PARTNER 1 OFFICER 1 OWMER) PARTNER / OFFICER 2 !Name: (First, Mi. r_881) % Ownership: Name: (Frral, Mi, Larry % Ownership: Title: Tltle; Home Address: (No P.Q. sox) !Dome Address: (No RG, sox) City: State: Zlp: Country: City- state: Zip: Country: Telephone 4: Social Security #: Telephone #: Social Security 11: 13.03.; DL 8: State: D.O.B.. I DL 0: Stale: 4. SETTLEMENT INFORMATION Deposit Bank: Transit/ 13A #: a I 1cn-MI Deposit Account #: Q ACH Detafl Flag: individual ❑ Combined --Separate {detaulls to Combined it option not selected) S. TRANSACTION INPOR"ATION FINANCIAL DATA WHERE IS SALE TRANSACTED? Gross YEARLY Sales Volume Avg, MCIVisa/Discover Network- (Cash + Credit + Debit + Check) $ PayPai Ticket (Estimate If Never Processed rr+ Past) S {Must= 100%) Store Front/Swiped Avg. American Express Average YEARLY IkC/Visa Volume S OptEllue" Ticket {Estlmato if Never Processed in Past) 5 IS Average YEARLY Discover Network - Internet Paypal Volume 5 0 Highest Ticket Amount S Mail Order % Average YEARLY American E=xpress OptBlue, Volume $ 0 Telephone Order g6 Seasonal? - No'- Yes High Volume Months Open; Total 100% G. G1141113 INFORMATION — IN rERKAL USE ONLY AUTHORIZATION GRID ID#; USER DEFINE=D GRID ID#: MFC GRID ID: &pvs. Alpha Numalc MC TIERED VISA TIERED DISCOVER NETWORK-PayPai GRID ID 8-pos. AlphwNuff erlc GRID ]D 8-poa. AlphaNumeric TIERED GRIP 10 & AlphaQ'Imngric AMERICAN EXPRESS ERED 8-pos. AlphaiNumClic 10 MC CREDIT VISA CREDIT DISCOVER NETWORK-Pay-PalGRID MPG ID 8-pos. AlphyNuma& MPG in 81w.. A10"Lomeric CREDIT MPG IO 8-pos. Alpimftmerk MC DEBIT VISA DEBIT DISCOVER NETWORK AMERICAN EXPRESS flptRlue CREDIT 8-pas.AfAaftmari; MPG ID 8 -pas. Aiph.yNumulc MPG ID &pus. A1pl+aftmariG DEBIT MPG ID 8-pos. A"a Numeric MPG ID 7- SERVICE FEE SCHEDULE Accept all MasterCard, visa, Discover Network and American Express OptBlue' Transactions 1presumed, unless any seiimricns below are checked) Mastercard visa Discover network American Express Oatillue' Q MC Credit Transactions ❑ Visa Credit Transactions ❑ Discover Network Credit Transactions C American Express Credit Transactions ❑ MC Non -PIN Debit Trans. ❑ Visa Non -PIN Debit Trans. 0 Discover Network Non -PIN Debit Trans. Discover Netwo . Pa ai Discount Collected C Daily L Monthly ❑ Discover Network-PayPai Credit Transactions Discount Fees (Based on Gross Sales Volurne) ` - Discount MPG TXN Fee Discount MPG TXN Fee i Discount MPG TXN Fee _=qmDEsenunt IMPGTXNFee MC Visa Discover Network- American Express Dual Credit % S Dual Credit % S PayPai Dual Credit % S OptBlue- Dual Credit % S Mc Visa Discover Network- American Express Mid -Qua; Credit % S Mid -Dual Credit % $ PayPol Mid -Quaff Credit %I S OptBlue- Mid-Qual Credit % S MC Visa Discover Network- I American Express Nen-Dual Credit % $ Non -Dual Credit % $ PayPai Non-Qual Credit % $ OptBlue- bion -Dual Credit % S MC Worldcard Dual % S Visa Rewards t `S% 5 MC Worldcard Mid•Ouai % S Visa Rewards 2 % S MC Worldcard Non -Qua! % S MC Visa Discover Network Dual Debit % S Dual Debit % $ Gua! Debit % S MC Visa Discover Network Mid -Quo) Debit % S MEd -Quaff Debit % $ Mid -Dual Debit % S MC Visa Discover Network Non•Qual Debit % S Non -Dual Debit % S Non -Dual Debit % S MC Regulated Visa Regulated Discover Network Debit Discount % 5 Debit Discount % S Re elated Debit D6ac't % ja Merchant Initials: DBA Name: City of Lodi, ComDev Merchant #- Page 3 of d pmahaWF2004 7. SERVICE FEE SCHEDULE (cunt'd) pmahaWF2004[m) Discount Nen-0ua4 Foes Diacount Nae-Quai Faes Discount Non-Qual Fees Diseaunt NorrQuai Fees MC i% !,.:i Discover Network- American Express PayPal Quat Credit 1.69% % DptBlue'Qual Credit 2.85 % o .a Debi} % $9 n "so. el Network7.69 3; VEse peal Debik °I h anal Dehit % % r_' Net Only - Includes Dues and Assessments = Grass Only - Includes Lues and Assessments DfsCount{9ased Discount 18mad plecount {Board Discount ;Rend - ort Grass Sales yo1.f on Grass Sales voi.i an Grow Saks Vat) en Grass Ssler VW FNC Qual Credit °6 Visa dual Credit % Discover Network-PayPal Oval Credit % American Express Optelue' Qual Credit % American Express DptBlue- has Program Pricing and not MC Qual Debit % Other Visa Qual Debit % I Discover Network Qual Debit % Interchange and are subject to change. Discover Network- American Express MC Credit $ Visa Credit S PayPat Credit S DptBlue"Credit S Discover network MC Debit $ Other Visa Debit S Debit S Discover Network- American Express Me Credit % Visa Credit % PayPaF Credit % OptBlue"Credit % Discover Network MC Debit % I Visa Debit % Debit % J Pass Through Debit Network Fees Other Item Rate $ Iper item) Other Volume Percent % (per item) WEX. Other Item Rate s {per ire-) Voyager: Quaff % Other Item Rate SL_ rper ire-) C ECA Warranty - Mail Order Warranty L Single Hold Check Warranty i- Multiple Hold Check Warranty �-_ Paper Warranty ❑ C.O.D. Warranty SE 0. _ `___ Inquiry Rate % Per TXN Fee $ StmtlProcessing Fee S__5.00 ECA Chargeback Fee S 5.00 Des. Risk Surcharge .10% Monthly Minimum Fee s, (Per Cacalfcn) Customer Requested Operator Call (CROC) $2•Jr0 0 Dues and Assessments VIMC Chargeback VIMC ReWeval Return Trans. Fee (Per llem) S 20.00 Fee ,12B Letter] (Per (tem) $ 10.00 Fee (Per item) Sales Transaction Early Termination Fee (Per, item) $ Batch Fee (Per Item) $ Fee (One Time Fee) $ 295.00E elDS Access Fee (Flat Rate) S EBT - EBT - Other: Food Stamps (Per Item) $ #: Cash Benelits (Per Item) $ $ Monthly StatementFea Pass Visa Minimum Monthly Fee S 25.00 (Accton Fila} $ ACH Reject Fee (Per Item) S 25.04 Trans Integrity Fee ❑ Yes ❑ No Me License Fee C Monthly (Par salas Yarn) $ fsams '� ium-0) (Flst Rsly) S ❑ Annually in December Vtsa Proc Fee (Per (tem) S MC Proc Fee (Per Rem) Visa BIN Fee (Per Item) S MC ICA Fee (Per Item) Z Pass Visa Fixed Acquirer Network Fee (FANF) ❑ Yee 0 No Visa I-ANi- Card Present Surcharge (Flat Rote) $ Viso FANF Card Not Present Surcharge (Flat Rate) t Pass Visa Pass Visa Pass Visa Pass Visa Acquirer Processing Fee ❑ Yes ❑ No Misuse of Auth Fee 0 Yes ❑ No Zero Floor Limit Fee ❑ Yes ❑ No Int'I Acquirer Fee ❑ Yes ❑ No Pass MC Pass MC Pass Discover Pass Visa Acquirer Support Fee © Yes D No Cross Border Fee ❑ Yes C No Data Usage Charge ❑ Yss ❑ No Acq ISA Fee ❑ Yes E No Pass MC Pass Discover Pass Discover Pass MC Nat'l Acquirer Proc Integrity Fee 0 Yes ❑ No Authorization & Capture Int'1 Proc Fee u Yes ❑ No Transactian Fees Int'l Service Fee ❑ Yes ❑ No Brand Usage (NABU) Fee ❑ Yes G No First Data ❑ Payeezy Gateway Participation MG/Visa Auth & Capture Fee: $ •13 {per item) Payeezy Gateway Effective Date: Discover Network PayPal Auth & Capture Fee: S •13 (per item) Payeezy Gateway One Time Setup Fee $ (one time) American Express OptBlue°Auth & Capture Fee: S -13 (per item) Payeezy Gateway Mortttly Fee $ (montFtly) American Express Pass Through (existing) SE 4- Payeezy Gateway Auth Fee $ (per item) Voice Autharizaiian $ 1.50 (per item) Payeezy Gateway AVS Fee $ (per item) Electronic AVS Fee $ 0 (per Item) Payeezy PayPal Auth Fee $ (per (tern) Voice AVS Fee $ 4.00 (per Item) Payeezy PayPal Sale Fee $ (per item) ARU Fee $ 1.00 (per item) Patyeel!y­ Payeezy PayPal Return Fee S (per Item) Services TeJecheck Payeazy Gateway First Data Gateway Payeezy Gateway Payeezy Gateway TeFeCheck Auth Fee $ Tele Check Deposit Fee S TeleCheck Adjustment Fee S (per tram) (Par item) Iger kern) Merchant Initials: DBA Name: City of Lodi, ComDev Merchant #: Page 4 of d 0mahaWF2004 7. SERVICE FEE SCHEDULE (cent•d) OmahaWF200411a) User Defined Wireless Monthly Service Fee S Customer Service Fee S_ Supplies: S Grid Fees AccessOne Fee Debit Access Fee Other: 5 S S I TINITFN & Regulatory Reg. Product Fee TIN ITFN Invalid Website Usage Product Fees (Monthly) S (f4lonthly) $ (Per Item) $ Annual Fee 5 Month Other: $ C Per item . Monthly ❑ Annually Month Other: � Per item - Monthly _; S Annually Month Pass Visa Account Verification Fee _1 Yes 11 No Visa Account Verification Fee Surcharge (Per Item) $ Pass VISA BINIICA Fee (Note: This lee can only be used for Shared Systems Only) ❑ Yes ❑ No VISA BINIICA Fee Surcharge {Per Item) $ Pass Visa Staged Digital Wallet Fee ❑ Yes ❑ No Visa Staged Digital Wallet Fee Surcharge {Per Item} $ Pass Visa 82B Virtual Payments Fee ❑ Yes 7 No Visa B28 Virtual Payments Fee Surcharge (Sales Volume) Pass Visa Fila Transmission Fee ❑ Yes C No Visa File Transmission Transaction Fee Surcharge (Per Item) $ Pass Visa Acquirer Credit Voucher Data Processing Fee ❑ Yes C1 No Visa Acquirer Credit Voucher Data Processing Fee Surcharge (Per Item} $ Pass Visa AFD Non Participation Fee ❑ Yes J No Visa AFD Non Participation Fee Surcharge (Per Item] S Pass Discover Card Account Verification Fee ❑ Yes d No Discover Card Account Verification Fee Surcharge (Per Item) $ Pass Discover Network Auth Fee O Yes ❑ No Discover Network Auth Fee Surcharge (Flat Rate) S or (Per Item) S Discover Dispute Fee (Per Item) S Discover Retrieval Fee (Per Hem) S Pass PayPal Participation Authorization Fee ❑ Yes ❑ No PayPal Participation Authorization Fee Surcharge (Sales Volume) Pass American Express OplBlue' Access Fee i7 Yes C No Pass American Express OptBlue' Network Fee ❑ Yes ❑ No Amertcan Express Opt8lue• Network Fee Surcharge (Sales Volume) American Express Dispute Fee (PerHem) S American Express Retrieval Fee (Per lfem) S Pass MasterCard Processing Integrity Fee Pre Auth =i Yes ❑ No MasterCard Processing Integrity Fee Pre Auth Surcharge (Per Item) 5 Pass MasterCard Processing integrity Fee UndeTned Auth F-1 Yes ❑ No MasterCard Processing Integrity Fee Undefined Auth Surcharge (Per lfem) $ Pass MasterCard Processing Integrity Fee Final Auth ❑ Yes ❑ No MasterCard Processing Integrity Fee Final Auth Surcharge (Per Hem) S Pass MasterCard BINIICA Fee (Note: this ree can only be used for Shared Systems Only) ❑ Yes ❑ No MasterCard BINIICA Fee Surcharge (Per Hem) S Pass MasterCard Account Status Fee ❑ Yes U No MasterCard Account Status Fee Surcharge (Per Item) S Pass MasterCard Kilobyte Fee ❑ Yes Cf No MasterCard Kilobyte fee Surcharge (F13t Rate) $ or {Per Hem) S Pass MasterCard CVC2 Fee 0 Yes r❑ No MasterCard CVC2 Fee Surcharge (Flat Rafe] $ or (Per Item) S Pass MasterCard ICA AVS Fee 0 Yes ❑ No MasterCard ICA AVS Fee Surcharge {Per Item) S Pass MasterCard Digital Enablement Fee ❑ Yes ❑ No MasterCard Digital Enablement Fee Surcharge (Sales Volume) g6 Pass MasterCard Business to Business US ❑ Yes ❑ No MasterCard Business to Business US Surcharge (Sales Volume) °s Pass MasterCard SecureCode Transaction Fee C1 Yes 0 No MasterCard SecureCods TYansantion Fee Surcharge (Flat Rate) S Pass MasterCard Location Fee ❑ Yes ❑ No MasterCard Location Fee Surcharge (Flat Rate) S Pass STAR Debit Network Annual Fee 13 Yes C No STAR Debit Network Annual Fee Surcharge {Flat Rare) S Pass Pulse Debl1 Network Annual Fee 7 Yes C No Pulse Debit Network Annual Fee Surcharge (Flar Rate) $ Pass Jeanie Debit Network Annual Fee 7 Yes - No Jeanie Debit Network Annual Fee Surcharge (Flat Rate) S Pass NYCE Debit Network Annual Fee ❑ Yes ❑ No NYCE Debit Network Annual Fee Surcharge (Flat Rate) S Pass Accel Debit Network Annual Fee 3 Yes _:1 No Aceet Debit Network Annual Fee Surcharge (Flat Rate) S Merchant Initials: DBA Name: City of Lodi, CiomDey Merchant a: Page S of n OmahaWF2004 7. SERVICE FEE SCHEDULE (cont'd) OmahaWF2004(is) Merchant TransArtnor Data Protection Fee (Flat Rate) 5 Fee Control Grid Fees (cont'd) TransArmor Terminal Fee (Flat Rate] S- -Clover Security Plus Fee (Flat Rate] S PCI Rapid Comply (Flat Rate) $ Clover Security Nan Clover Fee (Fiat Rate) S Clover Security for Clover Fee (Flat Rate) $ Clover SerViGe Fee Monthly (per station) (Flat Rate) $ Clover Security Plus wlo TransArmor Data Protection (Flat Rate) S Wireless Monthly Service Fee (Per Item) S Wireless Activation Fee (Fiat Rate) S Clover Go Monthly Fee (per MID) {Flat Rate) S Clover Insights Fee (per MIO) (Flat Rate) $ Payeezy Webstore Solution Monthly Fee (per webstore) (Flat Rate) S I (Far the Parka Solution, you will he provided with registration lnelructions and will be Perka Solution Monthly Fee (per MID) (Flat Rate)S asked to electronically agree to Parka Irrc_'s terms and conditions) DCC Chargeback Fee Per Chargeback S OCC Retrieval Fee Per Retrieval $ OCC Transaction Fee Per Settlement S B. EQUIPMEP&TITHIRD PARTY Ir4fORMATION Network (Front End): ❑ Omaha G North ❑ Nashville -. Buypass Do you use any third party to store, process or transmit cardholder data? .= Yes '- No If yes, identify the Third Party Processor used: 12 00 None ❑ OT Yahoo 10 92 Authorize.net - 03 Cybersource - 04 Veritone .- 05 Merchant Link CJS Shift 4 ❑ 07 Aprive. TO 08 FIS ❑ 09 Six Payment Services Corp __ i 0 Verisign - 99 Other (please spe&yj _ INTERNET GATEWAY: 0 First Data Global Gateway ❑ Other: Wireless Network: PC/Internet Software Quantity New Cl Rent Lease ❑ Existing Terminal Model quantity G New ❑ Rent Lease ❑ Existing Printer Model _. Quantity ❑ New ❑ Rent C Lease ❑ Existing PIN Pad Quantity r7 New Q Rent ❑ Lease ❑ Existing LEASE COMPANY: (041 First Data Global Leasing Annual Tax Handling l=ee: Lease Tenn: Mos. =; AL, AR. CA, CT, GA, IN, KY, LA, MS, MO, NE, NV, NM, Ell All other NC, OK, OR, RI, SC, TN, TX, VT, VA, WA, WV, WI, WY 30.20 States 10.20 Total Monthly Lease Charge: $ Total Cost To Lease (without tax): $ (w"r ezaa, lits caa, r arhar chsrgaa .ha:., ay apply - Sea iCasa 'g�—ar. r Pre�7ra r: Gu7ds ro: iG�dis. This !s a nnn- � ^µlrhle lessc !ar the �'! ar r 'ndiastrd.; Option to purchase: if you wish to buyout the equipment, please contact 1-877-257-2094 to obtain the cost. Address City State Zip Attention - Merchant Initials: DBA Name: C#X of Lodi, ComDey _ ^ Merchant #-. Page 6 of 6 !a. SIGNATURE Client certiflas that all informatton set forth in this completed Merchant Processing Application Is true and correct and that Cl lent has recatvad a copy of the Program Guide and Confirmation Page, which is part of this Marchant Processing Applicad an (consisting of Sections 1-9), and by this reference incorporated herein. Client acknowledges and agrees that we, our Affiliates and our third party subcontractors and/or agents may use automatic telephone dialing systems to contact Client at the telephone numi Client has provided In this Merchant Processing Applicatton and/or may leave a detailed voice message in the event that Client is unable to be reached, even it the number provided is a cellular or wireless number or !f Client has previously registered on a Do Not Gail list or requested not to be contacted Client for solicitation purposes. Client hereby consents to receiving commercial electronic mail messages from us, our Affiliates and our third party subcontractors and/or agents from time to time. Client further agrees that Client will not accept more than 209 of its card transactions via mail, telephone or Internet order. However, if your Application is approved based upon contrary information stated In Section S, Transaction Information section above, you are authorized to accept transactions in accordance with the percentages indicated in that section. This signature page also serves as a signature page to the Equipment Lease Agreement, and the TeleCheck Services Agreement appearing in the Third Party Section of the Program Guide, if selected, the undersigned Client being the "Lessee" for purposes of such Equipment Lease Agreement and/or "You" and "Your" for the purposes of the TeleCheck Services Agreement. By signing below. each of the undersigned authorizes us, our Affiliates and our third party subcontractors and/or agents to verify the Information contained in this Application and to request and obtain from any consumer reporting agency and other sources, including bank references, personal and business consumer reports and other information and to disclose such information amongst each other for any purpose permitted by law. If the Application is approved, each of the undersigned also authorizes us, our Affiliates and our third party subcontractors and/or agents to obtain subsequent consumer reports and other information from other sources, Including frank references, in connection with the review. maintenance, updating, renewal or extension of the Agreement or for any other purpose permitted by law and disclose such information amongst each other. Each of the undersigned furthermore agrees that ail references, including banks and consumer reporting agencies, may release any and ail personal and business credit fitranclai tnformation to us. our Afiflliates and our third party subcontractors and/or agents. Each of the undersigned authorizes us, our Affiliates and our third party subcontractors and/or agents to provide amongst each other the information contained in this Marchant Processing Application and Agreement and any information received subsequent thereto from all references, Including banks and consumer reporting agencies for any purpose permitted by law. It is our policy to obtain certain information in order to verify your identity while processing your account application. As part of our approval, processing services, continuing fraud prevention and account review processes, the undersigned consents to the use of information gathered online or that you submit to us, and/or automated electronic computer security screening, by us or our third party vendors. Client authorizes FRMS and Bank and their affiliates to debit Cliern's designated bank account via Automated Clearing House (ACH) for costs associated with equipment hardware, software and shipping. You further acknowledge and agree that you will not use your merchant account andlor the Services for illegal transactions, for example. those prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section 5351 at seq, as may be amended from time to time, or processing and acceptance of transactions in certain jurisdictions pursuant to 31 CFR Part 600 at seq, and other laws enforced by the Office of Foreign Assets Control (QFAC). Client certifies. under penalties of perjury, that the federal taxpayer identification number and corresponding filing name provided herein are cameo. Client agrees to all the terms of this Merchant Processing Application and Agreernent. This Merchant Processing Application and Agreement shall not take effect until Client has been approved and this Agreement has beery accepted by FRMS and Sank. Client's Business Principal/officer: Signature X Title Lel �G�Qt:ta ` Print Name of Signer L/Kit+el 1' 0:"IiomLk erDate Signature X Print Name of Signer Signature X Print Name of Signer ACH Debit and Credit Tftle Date Title Date (Servicers): For First Data Merchant Services LLC and Wells Fargo Dank, M.A., (a member of Visa USA, Inc. and MasterCard International, Inc.) X Signature TELECHECIK ACH AUTHORIZATION its Financial institution to pay and charge to its accou n s) due TeleCheck under this TeleCheck Agreement and to accept all credits and debits made to its ac Check via electronic fundsira m connection with Tel eChock's services under this TeleCheck Agreement. This authorization shall remain in effect until (30) thirty days Signature Signature an TeleCheck Account for ACH Print Narne/Title: Date Person rantee: In exchange for First Data Merchant Services LLC, Welts Fargo Sank, N.A., (a member of Visa USA, Inc. and MasterCard internal' c.), and TeleCheck Services, a Guaranteed Parties) acceptance at, as applicable, the Agreement, and/or the Equ?pment Lease Agreementandlor t eck/TRS Services Agreement, the undersigned u Tonally and Irrevocably guarantees the full payment and performance of Client's obligationhe foregoing agreements, as applicable, as they now exist or as mods time to time, whether before or after termination or expiration of such ants and whether or not the undersigned has received notice of any amendment of such agre effifti a undersigned waives notice of default by Clie grecs to indemnify the Guaranteed Parties for any and all amounts due from Client under the foregoing agreements. T meed Parties shall net red to first proceed against Client to enforce any remedy before proceeding against the undersigned. This is a continuing personal guaranty a ischarged or affected for any reason. The undersigned understands that this is a Personal Guaranty of payment and not of collection and [fiat the Guara arties a upon Ihis Personal Guaranty in entering Into the foreg atng agreements, as applicable. Personal Guarantee Signature Print Name: �_ Date Signature X Print Name: App ved as to Form: ANILE . MAGCICM C1l Omev PROCESSOR Name: First Data Merchant Services INFORMATION: Address.• 1347 Walt Whitman Road, Melville, NY 11747 URL: Customer Service P. 1-$44-858-11$6 Please read the Program Guide in its entirety. It describes the terms under which we will provide merchant processing Services to you. From time to time you may have questions regarding the contents of your Agreement with Bank and/or Processor or the contents of your Agreement wi th Tel e Che ck.Th e Following information summarizes portians of yo u r A gre em en t in order to assist you in answering same of the questions we are most commonly asked - I. Your Discount Rates are assessed on tratactions that qualify for certain reduced interchange rates imposed by Mamori74rd, Visa, Discover and PayPal. Any transactions that fail to qualify for these reduced rates will he charged an addtuunal fee (ser Section 25 of the Program Guide). 2. We may debit your bank account (also referred to as your Settlement Account ) from time to time for amounts owed to us under the Agreement. 3. There are many reasons why a Chargeback may occur. When they Occur we will debityour smdetncnt funds or Settlement Account. For a more detailed discussion regarding Chargebacks see Section 14 of the Your Payments Acceptance Guide Or see the applicable provtstaiis of the Ielet_heck Services Agreement. 4. If you dispute any charge or funding, you onus[ notify us within 60 days o the date of the statement where the charge or funding appears for Card Processing or within 30 days of the date of a TeleCheck transaction, 6. We have assumed certain risks by agreeing to provide you with Lard processing or check services- Accordingly, we may take certainactions to mitigate our risk, including termination of the Agreement, and/or hold montes otherwise payable to you (see Card processing General Terms in Section 30, Term; Eventu of Default and Section 3l. Reserve Account; Security Interest)_ (see TeleCheck Services Agreement in Sections l.i. 1.3.2, 1.3.4, l,b), under certain circumstances. 7. By executing this Agreement with us you are authorizing us and our AMIlaLes to obtain hnanciai and credit information regarding your business and the signers and guarantors of the Agreement until all your obligations to us and our Affiliates art! ,atisfied, B. The Agreement contains a provision that in the went you terminate dee agreement prtur Lo the expiraLiu n of your iniii31 three (3) year term, you will be responsible for the payment of an early Wrinination fee as set forth to Part IV, A.3 under "Additional Fee Information' and Section 1 of the TeleCheck Services A-reement. S. The Agreement limits our liability to you. For a detailed descrfpaon 9. If you lease equipment from Processor, iris important that you review of the limitation of liability see Section 27,37.3. and 34.10 of the Card Section 1 in Third Party Agreements. Bank is not a party to this Agreement. General Terms; or Section I .I4 of the TeleCheck 5ervice5 Alnneement. THIS IS A NON -CANCELABLE LEASE FOR THE FULL TERM INDICATED 10. Card Organization Disclosure Visa and MasterCard Member Bank InformationtWeits Fargo Bank N.A. The Bank's mailing address is 1200 Montego, Walnut Creek, CA 94598, and its phone number is (9P5) 746 -4143 - Important Member Bank Responsibilities: Important Merchant Responsibilities: a1 The Bank i5 the only entity approved to extend acceptance of Visa a1 Ensure compliance with Cardholder data security and storage requirements. and MasterCard, products directly to a merchant. b) Maintain Fraud and C:hargebacks below Card Organization thresholds. b) The Bank must be a principal (signer) to the Agreement. c) Review and understand the terrti_s of the Merchant Agreement. c) The Bank is resportstble far educating merchants on pertinent Visa d) Comply with Card 0 rganizanon Rules and applicable law and regulations_ and /MasterCard ruIes with which merchants inust comply; but [his 0 Retain a signed copy of this Disclosure Page, information may be provided Lo you by Processor. 0 You may download "Visa Regulations" From Visa's websiteaL d) I":c Bank is responobic for and must provide scalentcnt funds to ��j�g vIS S. ill ills [1 �J 11 i�111C1�;1 }JI t.I1t[lil_ the merchant. Y d 0 The Bank is responsible For all funds held in reserve that are derived from settlement. fj The Bank is the ulrimaw authonry shiiuld a merchant have any problems with Visa or MasterCard products (however, Processor also will assist you with any such problems). Print Client's Business Legal a g) au may own ca. MasterCard Kegulauons from MasterCards website a� hi [27//WWw.roastercard.ccm/us/merchant/suVpurUrules.htinI h) Yau may download "American Express Merchant Operating Guide' from American EVress' website at www.americanexpress.comlmerchantopgtxide. `I By its signature below, Client acknowledges that it has received the Merchant Processing Application, Program Terms and Conditions [version OmahaWF 1904(ia)] consisting of 52 pages [including this Confirmation Page and the appli cabl e Th i rd Party Agreement(s)]. Client further acknowledges reading and agreeing to all terms in the Program Terms and Conditions. Upon receipt of a signed facsimile or original of this Confirmation Page by us, Client's Application will be processed - NO ALTERATIONS OR STRIKE -OUTS TO THE PROGRAM TERMS AND CONDITIOP45 WILL BE ACCEPTED. Client's Business Principal: Signature (Please sign berow): x Please Print 144rie of Signer ❑mah a W F1904(ia) GVta e.,� Tette Date EXHIBIT C NOTE' The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for IT Vendor Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons of damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability {CGL}: Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1.000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecthocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims Involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary_ and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity. Its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subronation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any toss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to incrpq&ff—W'corrrpfn sY iia 5 ilify'u nd er M a on a orS commercia genera is� i - a—h ff--a-u1i si re Ir ��� Cres. (e) Notice of Cancellation or Chancle in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St.. Lodi, CA 95240. (f) CCgntinuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each iinsurance policy, Contractor shall furnish a certificate(s) showing that a new or extended poIley has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shalt provide for a ctaims period following termination of coverage which is at least consistent with the cialms period or statutes of limitations found in the Cal ifomia Tort Claims Act {California Govemment Code Section 810 at seq.}. (gj Failure to Comolx If Contra ctorfails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may abtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurers), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or falls to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination. Contractor shall immediately cease use of the Site or Mcili4es and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Self -Insured Retentions Sell insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -fissured retention may be satisfied by either the named insured or Cfty. til Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and tts officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Cityis an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. if coverage is canceled or non -renewed, and not replaced with another clairns-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) qualified Insurerisl All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. felon -admitted surplus lines carriers may be accepted provided they are included on the most recent list of Califomia eligible surplus lines insurers (LESLI fist) and otherwise meet City requirements. Page 2 1 of 2 pages I Risk: rev. 3/1/2018 RESOLUTION NO. 2022-37 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH CARDKNOX DEVELOPMENT INCORPORATED, OF HOWELL, NEW JERSEY, NYM SERVICES DBA FIDELITY PAYMENT SERVICES, OF BROOKLYN, NEW YORK, FOR ONLINE AND POINT-OF-SALE CREDIT/DEBIT TRANSACTIONS IN CONJUNCTION WITH THE PERMIT, PROJECT, AND CODE CASE TRAKIT SOFTWARE; AND FURTHER APPROPRIATING FUNDS WHEREAS, the City of Lodi implemented the TRAKiT Software in January 2020 and now wishes to implement the online portal; and WHEREAS, since March 2020 customers have only been able to pay fees with a check, and the online portal will allow customers to pay fees through the software via a debit or credit card either online or at the point of sale; and WHEREAS, staff believes this new online portal will increase the current demand for credit card usage, which will in turn increase budget needs to plus or minus $25,000 per year; and WHEREAS, Cardknox Development Incorporated is an authorized service dealer for the TRAKiT system; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute a three-year agreement with Cardknox Development Incorporated, of Howell, New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn, New York, for online and point-of-sale credit/debit transactions in conjunction with the TRAKiT Software; and WHEREAS, staff also recommends that the City Council appropriate an additional $10,000 from the Community Development Special Revenue Fund for additional bank service charges that could be incurred through this program that was not considered in the 2022 budget. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three-year agreement with Cardknox Development Incorporated, of Howell, New Jersey, NYM Services DBA Fidelity Payment Services, of Brooklyn, New York, for online and point-of-sale credit/debit transactions in conjunction with the TRAKiT Software; and BE IT FURTHER RESOLVED that funds in the amount of $10,000 be appropriated to account 27081000.72312 to supplement the current budgeted amount in that account. BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary; and Dated: February 16, 2022 I hereby certify that Resolution No. 2022-37 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following votes: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES. COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None FPO PAMELA M. FARRIS Assistant City Clerk 2022-37