HomeMy WebLinkAbout20141338.tiff 1861 OFFICE OF THE WELD COUNTY TREASURER
j,Tr,, = \ John R. Lefebvre
/ www.weldgov.com
E1400 N 17 AVE
V ) GREELEY CO 80631
3' COUNTY 970-353-3845 x3290•
September 3, 2014
Weld County Board of County Commissioners
1150 O Street
Greeley, CO 80631
RE: Treasurers office bid #B1400093, Signing of Agreement, Online Tax Payments
The Weld County Treasurers office respectfully requests the Weld County Board of
County Commissioners sign the agreement from Forte, Inc. The bid #B1400093, was
approved in May, 2014. The service Forte will provide to the Treasures office is to
accept online payments of property tax. Forte agrees to provide eCheck processing
with account and funds verification for $0.45 cents per transaction absorbed by the
county. Forte will also allow for debit and credit card payments for a charge of 2.35%
per transaction amount total, for credit cards and a flat fee for debit cards of$3.95.
This is a substantial savings in all three payment categories.
If you have any questions please do not hesitate to call or email me.
Kind Regards,
Renee Fielder
Assistant Treasurer
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PAYMENT PROCESSING AGREEMENT
This Payment Processing Agreement ("Agreement"), including all exhibits and addendums hereto, is made
by and between Forte Payment Systems, Inc. ("Forte") a California corporation and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address
is 1150 "O" Street, Greeley, Colorado 80631, on behalf of the Weld County Treasurer, (hereinafter referred to as
"Agency").
Forte and its affiliates provide payment processing services including credit card, debit card and Automated
Clearing House("ACH") processing services(the"Services")to Agency who provides services to, or otherwise
has a business relationship with, individuals and other entities ("Constituents").
NOW,THEREFORE, in consideration of the foregoing and the mutual responsibilities and covenants contained
herein, Forte and Agency hereby agree as follows:
1. Definitions.
Account: Bank Account or Card Account.
Account Holder: The owner of the Card or Bank Account to which a Transaction may apply.
Business Day:Any day other than Saturday,Sunday or Federal Holidays.
Card: Credit Card or Debit Card.
Chargeback: The procedure by which an Account Holder attempts to reverse the funding of a
Transaction by contacting the Account Issuer to which the Transaction was performed.
Issuer: The bank or financial institution which issued the Account to the Constituent.
Downgrade: Any transaction that fails to qualify for the best level of Interchange qualification.
Payment Associations: MasterCard, Visa, Discover, American Express, NACHA and any applicable debit
card networks.
Payment Processor: An entity which processes electronic financial transactions, including but not
limited to ACH,credit card, and debit card, into the appropriate network for each type of payment, on
behalf of merchants.
Rule: Operating rules which are established by the applicable Payment Associations.
Regulation: Any applicable local,state and federal law.
Settlement Account:A checking or savings account at a financial institution designated by Agency as the
account to be debited and credited by Forte or Payment Processor for any amounts owed as a result of
any applicable Transactions.
Transaction: Electronic request submitted to Forte to affect a Constituent's Account.
Validation Code: The 3 or 4 digit security code printed on the signature panel of most Cards or on the
top right of American Express Cards.
2. Use License.
Subject to the terms and conditions of this Agreement, Forte hereby grants to Agency a non-exclusive
and non-transferable license to access and use Forte's products and services contracted for and Agency
hereby accepts such license and agrees to utilize and access the Services in accordance with the
practices and procedures established by Forte. Agency may use the Services(a)for its own internal
business purposes and operations, and/or(b) as a service provided to its Constituents, unless otherwise
notified by Forte. No license or right to use, reproduce, translate, rearrange, modify, enhance, display,
sell, lease, sublicense or otherwise distribute,transfer or dispose of any of Forte's Proprietary Property,
as defined in Section 3 below, in whole or in part, is granted except as expressly provided by this
Agreement. Neither Agency nor any of its affiliates shall reverse engineer, decompile or disassemble the
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Proprietary Property. Additionally, nothing in this Agreement shall be construed to provide Agency with
a license of any third-party proprietary information or property.
3. Ownership.
All computer programs,trademarks, service marks, patents,copyrights,trade secrets, know-how,
and other proprietary rights in or related to Forte's products and services(the
"Proprietary Property"),are and will remain the sole and exclusive property of Forte, whether or not
specifically recognized or perfected under applicable law. Forte shall own all rights, title and interest,
including all intellectual property rights, in and to any improvements to the existing Forte products or
services and/or any new programs, upgrades, modifications or enhancements developed by Forte in
connection with rendering any services to Agency (or any of its affiliates),even when refinements and
improvements result from Agency's request.To the extent, if any,that ownership in such refinements
and improvements does not automatically vest in Forte by virtue of this Agreement or otherwise,
Agency hereby expressly transfers and assigns(and, if applicable, shall cause its affiliates to transfer and
assign) to Forte all rights,title, and interest which Agency or any of its affiliates may have in and to such
refinements and improvements.
4. Confidentiality.
Agency acknowledges that the products, services and information relating to Forte's products and
services(including without limitation these Terms and Conditions) contain confidential and proprietary
information developed by, acquired by,or licensed to Forte (the"Confidential Information"). Agency
will take (and will cause its affiliates to take)all reasonable precautions necessary to safeguard the
confidentiality of the Confidential Information. Neither Agency nor any of its affiliates will make any
unauthorized use of the Confidential Information or disclose,in whole or in part,the Confidential
Information to any individual or entity, except to those of Agency's employees or affiliates who require
access for Agency's authorized use of the products or services and agree to comply with the use and
nondisclosure restrictions applicable to the Confidential Information. This Section will not apply to
Confidential Information that(i)was already available to the public at the time of disclosure, (ii)
becomes generally known to the public after disclosure to the other party,through no fault of the other
party, or(iii)is disclosed under force of law,governmental regulation or court order. Agency
acknowledges that any unauthorized use or disclosure by it or any of its affiliates of the Confidential
Information may cause irreparable damage to Forte. As such, if Forte becomes aware of Agency's breach
or threatened breach of this Section, Forte may suspend any and all rights granted to Agency under
these Terms and Conditions and shall be entitled to injunctive relief, without the need of posting a
bond, in addition to all legal or equitable relief that may be available to Forte.
5. Term and Termination.
5.1 Term. This Agreement shall become effective upon the date this Agreement is executed by both
parties and shall have an initial term of one(1)year. Thereafter, this Agreement shall automatically
renew for one (1)year terms for up to four(4)additional one year terms unless otherwise terminated
by either party to this Agreement pursuant to Section 5.3.
5.2 Exclusivity. During the term of this Agreement, Agency shall use Forte as its exclusive provider
of all Services.
5.3 Termination. Either party may terminate this Agreement by providing thirty days'written
notice of termination to the other party. Additionally, Forte may immediately terminate this
Agreement without prior notice in the event that(i)there is a material adverse change to
Agency or its financial condition;or(ii)Agency experiences excessive chargebacks;or(iii)
Agency experiences an actual or suspected data security breach;or(iv)Agency violates any
applicable law, Rule or Regulation; or(v)termination is deemed necessary by Forte to comply
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with any applicable law, Rule or Regulation.
6. Transaction Processing
6.1 Accepting Transactions. Forte shall process credit card, debit card and ACH Transactions on the
Agency's behalf on a 24-hour basis.Transactions which are received before the daily designated
cut-off time will be originated for settlement through the corresponding
payment network. Transactions which are received after the designated cut-off time will be
included in the next business day's settlement processing.
6.1.1 Sale Transactions. If a Transaction is sent to Forte as a sale of goods or services, it will
m auto aticall be captured for settlement in time for the next designated cut-off time.
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6.1.2 Auth/Capture Transactions. If a transaction is sent to Forte for authorization only or for
delayed processing,then it will be the responsibility of Agency to submit a corresponding
"capture" Transaction within 48 hours of the authorization in order to complete the
Transaction process for settlement.
6.1.3 Transactions which are not captured within 48 hours of authorization are
untimely and may be rejected by Forte.
6.2 Transaction Format. Forte is responsible only for processing Transactions which are
received and approved by Forte in the proper format,as established by Forte.
6.2.1 Card Not Present Transactions. For card-based transactions in which the Card is not
present, Agency must obtain and include as part of the authorization request the 3 or 4
digit Validation Code and cardholder's billing address information.
6.3 Merchant Account. In order to provide Transaction processing services, Forte may need to
establish one or more merchant accounts on Agency's behalf or require Agency to establish a
merchant account with Forte's partner-third party provider of credit card processing.
6.4 Modifying Transactions. Agency shall regularly and promptly review all Transactions and shall
immediately notify Forte upon discovery of any and all discrepancies between Agency's records,
Forte and Agency's bank, or with respect to any Transaction that Agency believes was made
erroneously or without proper authorization. At Agency's request, Forte will make reasonable
efforts to reverse, modify,void or delete a Transaction after it has been submitted for settlement.
All requests must be made in writing(electronic mail will be deemed as"in writing"for these
purposes), signed or sent by an individual pre-authorized by Agency to make such requests and
delivered to Forte. Agency agrees that Forte will not be held responsible for any losses,directly or
indirectly, incurred by Agency or other third parties as a result of Forte's failure to accomplish the
request before the Transaction has been processed through the applicable payment network,
unless such losses are due to Forte's negligence.
6.5 Delay or Rejection of Transactions. Forte may delay or reject any Transaction without prior
notification to Agency that is: (a) improperly formatted; (b) is untimely; (c) is missing
information that may cause it to downgrade; (d) if Forte has reason to believe such Transaction is
fraudulent or improperly authorized; or(e)for any reason permitted or required under the Rules or
Regulations. Forte shall have no liability to Agency by reason of the rejection of any such
Transaction.
6.6 Returned Items. Forte shall make available to Agency details related to the receipt of any
Transaction that is returned unpaid or Transaction which is charged back and shall credit or charge
such returned item to Agency's Settlement Account.
6.7 Chargebacks. Agency acknowledges and agrees that it is bound by applicable Payment Association
Rules and Regulations with respect to any Chargeback. Agency understands that obtaining an
authorization for any sale shall not constitute a guarantee of payment, and such sales can be
returned or charged back to Agency like any other item hereunder. In the event a Transaction is
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charged back for any reason, the amount of such Transaction will be deducted from Agency's
designated Settlement Account or any payment due to Agency.
6.8 Excessive Chargebacks. Using limits established by Payment Associations as a standard for
review, Forte reserves the right to suspend and/or terminate Agency's access to the Services
should Agency's chargeback ratio exceed allowable limits in any given period. Forte will make
reasonable efforts to provide Agency with notice and a time to cure its excessive chargebacks
prior to suspending or terminating Agency's access to the Services. Agency acknowledges and
expressly authorizes Forte, in compliance with Payment Association Rules and Regulations,to
provide to the Payment Associations and applicable regulatory bodies, Agency's name and
contact information as well as transaction details should Agency's chargeback ratio exceed the
allowable limits in any given period.
6.9 Resubmitting Transactions. Agency shall not re-submit any Transaction unless it is returned as (i)
Insufficient funds (R01); or(ii) Uncollected funds(R09);or(iii) unless a new authorization is obtained
from Constituent.
6.10 Settlement. Settlement of Agency's funds for Transactions, less any Chargebacks or returns, to
Agency's designated settlement account will occur within 72 hours of origination excluding
weekends and US federal banking holidays. Settlement of Transactions will occur via electronic
funds transfer over the ACH network.
6.11 Reporting. Forte will make daily origination and deposit reports available to Agency on a 24/7
basis through the Forte Internet-based Forte platform.
7. Transaction Authorization.
7.1 Constituent Authorization.Agency shall obtain authorization from Constituent prior to
requesting a Transaction to Constituent's account.
7.2 Retention. Agency shall retain proof of Constituent's authorization for a period of not less than
two (2) years for standard transactions from the authorization date or revocation of authorization
date and shall provide such proof of authorization to Forte upon request within five (5) business
days of the request.
7.3 Revoked Authorization.Agency shall cease initiating Transactions to a Constituent's account
immediately upon receipt of any actual or constructive notice of that Constituent's termination or
revocation of authority. Agency may re-initiate Transactions to a Constituent's account only upon
receiving new authorization from Constituent.
8. ACH Settlement Authorization. Agency authorizes Forte to electronically debit and credit Agency's
designated bank account(s) for any amounts owed to or by Agency in accordance to the terms of this
Agreement.
9. Constituent Disputes.
All disputes between Agency and its Constituent(s)relating to any Transaction processed under this
Agreement will be settled by and between Agency and Constituent. Agency agrees that Forte bears no
responsibility or involvement in any such dispute.
10. Compliance with Laws, Rules and Regulations.
In performing its duties under this Agreement,Agency and Forte shall strictly comply with all applicable
federal and state laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices. Agency agrees to
cooperate and provide information requested by Forte to facilitate Forte's compliance with any
applicable law, Rule or Regulation. Additionally,each party shall be solely responsible for payment of any
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fines,costs or expenses incurred as a result of that party's violation of the Rules, Regulations or laws.
11. Pricing and Payment.
11.1 Forte will provide the Services in accordance with the pricing fee schedule(s) attached hereto as
Appendix A. Pricing schedules which utilize an absorbed fee model will be billed to the Agency
monthly in arrears and will automatically be debited from Agency's designated account via ACH
debit. Pricing schedules which utilize a flat service fee model will result in a processing fee being
charged to the Constituent in the form of a non-refundable service fee which is either(i)added
to;or(ii) charged as a separate transaction to the Constituent at the time of payment.
11.2 Pricing schedules which utilize a flat service fee model are calculated based on historical or
estimated Transactional amount activity by Agency. In the event that actual Transaction activity
varies significantly from the historical or estimated amounts, Forte shall have the right to adjust the
service fee in accordance to the actual Transaction activity. Any such adjustment to the service fee
shall apply to only Transactions occurring subsequent to such adjustment and Forte will provide
Agency a minimum of thirty(30)days notice prior to the imposition of any such adjustment of
service fees.
11.3 Forte's pricing is subject to the underlying fees established by the Payment Associations and its
service providers. As such, in the event Forte experiences an increase in cost for any processing
services utilized by Agency during any term of this Agreement, Forte will pass through the
increases with no additional markup to Agency. Forte will provide Agency a minimum of thirty(30)
days notice prior to any change or adjustment in fees.
12. Attorneys' Fees/Legal Costs.
In the event of a dispute between Agency and Forte concerning this Agreement or any obligations
hereunder, the parties agree that neither shall be liable to or responsible for the payment of attorneys'
fees and/legal costs incurred by or on behalf of the other.
13. Limits of Liability.
13.1 It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only. Forte's maximum liability
hereunder for any claims whatsoever shall not exceed the greater of(i)$50,000; or (ii)the total
amount of all fees paid by Agency to Forte during the three (3) month period preceding the
origination of the claim giving rise to liability. The limitations of liability contained in this section
shall apply without regard to whether other provisions of the Agreement have been breached or
have proven ineffective.
13.2 Forte shall not be held responsible for errors,acts or failures to act of others, including, and among
other entities, banks, other processors, communications carriers or clearing houses through which
Transactions may be originated or through which Forte may receive or transmit information,and no
such entity shall be deemed an agent of Forte.
14. Representations and Warranties.
14.1 Forte's Representations and Warranties.
14.1.1 Forte represents and warrants to Agency that Forte's agreement to provide its
products and services to Agency and to perform the Services hereunder does not
violate any agreement or obligation between Forte and any third party.
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14.1.2 To the best of Forte's knowledge, no performance of its obligations hereunder
will infringe on any copyright, patent, trade secret or other proprietary right held by
any third party.
14.1.3 When executed and delivered by Forte,this Agreement with Agency will
constitute the legal,valid, and binding obligation of Forte, enforceable in
accordance with its terms.
14.2 Agency's Representations and Warranties.
14.2.1 Agency's agreement to license Forte's products and services and to engage
Forte to perform the Services hereunder does not violate any agreement or
obligation between Agency and any third party.
14.2.2 To the best of Agency's knowledge, neither any information delivered by Agency to
Forte in support of this Agreement nor Agency's performance of its obligations
hereunder will infringe on any copyright, patent,trade secret or other proprietary
right held by any third party.
14.2.3 None of the activities for which Agency has engaged the services of Forte shall
violate any international,federal, state,or local law or regulation, including but not
limited to laws relating to consumer non-public financial information.
14.2.4 When executed and delivered by Agency,this Agreement with Forte will
constitute the legal, valid,and binding obligation of Agency,enforceable in
accordance with its terms.
15. Service Policy.
Except as otherwise specifically provided herein, Forte's products and services are provided
hereunder"As Is" without warranty of any kind. Agency acknowledges and understands that
Forte does not warrant that the Services will be uninterrupted or error free and that Forte may
occasionally experience delays or outages due to disruptions that are not within Forte's control.
Any such disruption, not caused by Forte, shall not be considered a breach of this Agreement
by Forte. Forte shall use its best efforts to remedy any such interruption in service as quickly as
possible.
16. Force Majeure.
Neither party shall be liable for,or be considered in breach of or default under this Agreement on
account of any delay or failure to perform its obligations hereunder as a result of any causes or
conditions that are beyond such party's reasonable control and that such party is unable to overcome
through the exercise of commercially reasonable diligence. If any force majeure event occurs,the
affected party shall give prompt written notice to the other party and shall use all commercially
reasonable efforts to minimize the impact of the event.
17. Assignment.
The rights granted under this Agreement shall not be assigned by either party without the prior written
consent of the other party,which shall not be unreasonably withheld.
18. Choice of Law and Venue.
19.1 This Agreement shall be governed by and construed in accordance with the internal laws of
the State of Colorado.
19.2 The exclusive venue for any actions or claims arising from or related to this Agreement shall
be in the appropriate state court located in Greeley, Colorado, or the federal court having
appropriate jurisdiction and located nearest to Greeley, Colorado.
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19. Amendment.
Except as otherwise provided for herein,the terms and conditions of this Agreement shall not be
modified or amended except in writing, signed by the parties hereto and specifically referring to this
Agreement.
20. Publicity.
Neither party shall use the other party's name, logo or service marks in conjunction with a press release
or advertisement without first obtaining written approval.
21. Notice.
Any notice required to be given by either party hereunder, shall be in writing and delivered personally to
the other designated party,or sent by any commercially reasonable means of receipted delivery,
addressed, to that party at the address most recently provided in writing. Either party may change the
address to which notice is to be sent by written notice to the other under any provision of this paragraph.
Notices to Forte Notices to Agency
Forte Payment Systems Weld County Treasurer
500 W. Bethany John Lefebvre
Suite #200 1400 North 17th Avenue
Greeley, Colorado 80631
Allen, TX 75013 And Board of County Commissioners of Weld
Attn: General Counsel County, Colorado
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
22. Headings.
The headings contained in this Agreement are for convenience of reference only and shall not
affect the meaning of any provision of this Agreement.
23. Severability.
Should any term, clause or provision herein be found invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operation of any other
term,clause or provision and such invalid term,clause or provision shall be construed to most
closely reflect the original intent of the parties.
24. Entire Agreement;Waiver;Counterparts.
This Agreement,Addendum A which contains additional binding terms, and Appendix A
detailing pricing constitute the entire understanding of the parties, and revoke and supersede all
prior agreements between the parties and are intended as a final expression of their agreement.
Either party's waiver of any breach of any provision of this Agreement shall not be deemed a
waiver of any subsequent breach of same or other provision. This Agreement may be executed
in two or more counterparts, each of which shall be deemed an original and all of which
together shall constitute one instrument.
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IN WITNESS WHEREOF,the undersigned, being duly authorized thereto by their respective
organizations,have executed this Agreement as of the latter date set forth below.
rte Payment Systems Agency
By: By:
N yrie: �� C -171k-r4 GS S Name:
Tile: CF D Title:
Date: II i L Date:
W. 1 ATTEST: 6 . BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
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BY: '
De•uty Clerk to the Boa 1)PcE: v
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Controller El ffici nt Head
AP D AS ORM:
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ector of Information Technology
C un Attorney
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Page 8
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ADDENDUM A
1. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
2. Fund Availability: Financial obligations of County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of
this Agreement, Agency does not warrant that funds will be available to fund this Agreement beyond the
current fiscal year. Should such a circumstance occur, Agency may terminate this Agreement by providing
written notice to Forte.
3. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended.
4. Independent Contractor:Forte shall perform its duties hereunder as an independent contractor and
not as an employee of County. Forte shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Neither Forte nor any agent or employee of
Forte shall be deemed to be an agent or employee of Agency. Forte and its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through Agency and Agency shall
not pay for or otherwise provide such coverage for Forte or any of its agents or employees. Unemployment
insurance benefits will be available to Forte and its employees and agents only if such coverage is made
available by Forte or a third party. Forte shall pay when due all applicable employment taxes and income
taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Forte shall not have
authorization, express or implied, to bind Agency to any agreement, liability or understanding, except as
expressly set forth in this Agreement. Agency shall have the following responsibilities with regard to
workers'compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law and
(b) provide proof thereof when requested to do so by Agency.
5. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24-50-507: The
signatories to this Agreement aver that to their knowledge, no employee of Agency has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.Forte
has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree
impact the performance of Forte's services and Forte shall not employ any person having such known
interests. During the term of this Agreement, Forte shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflict with or in any way appear to
conflict with the full performance of its obligations under this Agreement. Failure by Forte to ensure
compliance with this provision may result in Agency's sole discretion, in immediate termination of this
Agreement.
7. Binding Arbitration Prohibited: Agency does not agree to binding arbitration by any extra-judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall
be null and void.
8. Software Piracy Prohibited: State, county or other public funds payable under this Agreement shall
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not be used for the acquisition, operation or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Forte hereby certifies and warrants that, during the term
of this Agreement and any extensions thereof, Forte has and shall maintain in place appropriate systems
and controls to prevent such improper use of public funds. If Agency determines that Forte is in violation of
this provision, Agency may exercise any remedy available at law or equity or under this Agreement,
including, without limitation, immediate termination of the Agreement and any remedy consistent with
Federal copyright laws or applicable licensing restrictions.
9. Public Contracts for Services. C.R.S. §8-17.5-101: (Not applicable to the offer, issuance or sale of
securities, investment advisory services or fund management services, sponsored projects,
intergovernmental agreements or information technology services or products and services) Forte
certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will
perform work under this contract and will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement, through participation in
the E-Verify program of the Department program established pursuant to C.R.S. §8-17.5-102(5)(c). Forte
shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter
into a contract with a subcontractor that fails to certify with Forte that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Forte (a) shall not use E-
Verify Program or Department program procedures to undertake pre-employment screening of job
applicants while this Agreement is being performed, (b) shall notify the subcontractor and Agency within
three (3) days that Forte has actual knowledge that a subcontractor is employing or contracting with an
illegal alien and(c) shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving notice,and (d) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Forte participates in the Department program, Forte shall deliver
to Agency, a written notarized affirmation that V has examined the legal work status of such employee, and
shall comply with all of the other requirements of the Department program. If Forte fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq., Agency, may terminate this Agreement for
breach,and if so terminated, Forte shall be liable for damages.
10. Waiver of Breach: The failure of Forte or Agency to object to or to take affirmative action with respect
to any conduct of the other which is a breach of this Agreement shall not be construed as a waiver of that
breach or of any prior or future breaches of this Agreement.
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Appendix A
Service Fee Model Pricing-Taxes and non Taxes
Includes Mastercard, Visa,American Express and Discover cards.
2.35%will be charged to the user with a minimum fee of$1.95
Absorbed Fee Model-Electronic Checks
$0.20 Per transaction charged to the County
$0.25 check Verify Per transaction charged to the County
Total Cost per transaction including Forte Verify product =$0.45
Visa Debit card Program—TAXES ONLY
$3.95 flat fee charged to the citizen
1861 OFFICE OF THE WELD COUNTY TREASURER
\IT www.co.weld.co.us
CIIi
1400 N 17 AVE
GREELEY CO 80631
vifL 970-353-3845 x3290
COUNTY ' John R. Lefebvre, Jr.
May 13, 2014
Board of County Commissioners
1150 O Street
Greeley, CO 80631
Dear Commissioners:
I have reviewed the Weld County Online Payment Bids for July 15, 2014 to June 14, 2017 and shall
be a series of one year contracts renewable annually. I respectfully request that the county choose
Forte Payments Systems for the county treasurer's online payments vendor.
VENDOR/ ONLINE PAYMENTS TOTAL BID
Bank of the West $0.53 cks w/verification - 2.75% credit card
ACI Worldwide $1.80 cks w/verification - 2.45% credit card
Kubra Data Transfer, LTD $0.50 cks w/verification - 2.30% credit card
Point & Pay, LLC $1.00 cks w/verification - 2.45% credit card
UMB Bank NO BID
JP Morgan Chase Bank NO BID
Paymentus $0.65 cks w/verification - 2.39% credit card
Forte Payments Systems $0.45 cks w/verification - 2.35% credit card
EGOV Strategies LLC $1.00 cks w/verification - 2.49% credit card
GILA, LLC dba/MSB $1.95 cks w/verification - 2.24% credit card
Sincerely,
John Lefebvre
Weld County Treasurer
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— " e • WELD COUNTY PURCHASING
t Vii. 915 10TH St Room #334, Greeley CO 80631
r !p' ,` E-Mail: mwalters@co.weld.co.us
p L N?Y E-mail: reverett@co.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: April 28`h, 2014
REQUEST FOR: ELECTRONIC PAYMENT SERVICES
DEPARTMENT: Treasurer's Department
BID NO: #61400093
PRESENT DATE: April 30"', 2014
APPROVAL DATE: May 14`h, 2014
VENDORS
BANK OF THE WEST PAYMENTUS
600 17TH Street 13024 Ballantyne Corporate Place
Suite 1500 Suite 450
Denver CO 80202 Charlotte NC 28277
ACI WORLDWIDE(formerly Official Payments) FORTE PAYMENTS SYSTEMS
3520 Kraft Road 500 W. Bethany Drive
Suite 300 Suite 200
Naples FL 34105 Allen TX 75013
KUBRA DATA TRANSFER, LTD EGOV STRATEGIES LLC
955 Freeport Parkway 233 S. McCrea
Suite 200 Suite 600
Coppell TX 75019 Indianapolis IN 46225
POINT & PAY, LLC GILA, LLC dba/ MSB
110 State Street E 8325 Tuscany Way
Suite D Bldg 4
Oldsmar FL 34677 Austin TX 78754
UMB BANK— (No Bid)
1670 Broadway
Denver CO 80202
JP MORGAN CHASE BANK— (No Bid)
1125 17`h Street, 3`° Floor
Denver CO 80202
Bids are being reviewed by the dept at this time. 2014-1338
3/40 7-& ooa8
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