HomeMy WebLinkAboutContract 46945-A2CSC No. 46945-A2
AMENDMENT NO. 2
TO
CITY OF FORT WORTH CONTRACT 46945
This Amendment is entered into by and between the City of Fort Worth (hereafter
"Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and Catalis Payments, LLC (previously nCourt) ("Vendor"), Buyer and Vendor
may be referred to individually as a Party and collectively as the Parties.
WHEREAS, on August 7th, 2015, the Parties entered into City Secretary Contract 46945
to provide an electronic gateway payment service ("Agreement/Contract");
WHEREAS, on July 27t", 2020, the Parties modified the renewal option to one (1)
additional two-year renewal and one (1) additional one-year renewal option.
WHEREAS, the Parties wish to amend the Agreement to add Vanilla Pay to Exhibit A,
Scope of Services, as attached to this Amendment;
WHEREAS, the Parties wish to amend the Agreement to add Vanilla Pay fees to Exhibit
B of the Agreement, as attached to this Amendment;
WHEREAS, the Parties wish to amend the Agreement to change Vendor's name under
the Agreement to Catalis Payments, LLC. As of January 1, 2023 nCourt officially became Catalis
Payments, LLC;
WHEREAS, the Parties wish to amend the Agreement to extend the renewal terms
allowed under section 2.2 of the Agreement for an additional five (5) one-year renewal terms.
NOW, THEREFORE, the Parties, acting herein by and through their duly authorized
representatives, enter into the following agreement:
I.
AMENDMENTS
1. Exhibit A of the Agreement is amended to add Vanilla Pay retail payment option as
shown in the Exhibit A attached to this Amendment.
2. Exhibit B of the Agreement is amended to add Vanilla Pay fees as shown in the Exhibit
B attached to this Amendment.
3. Section 2.2 of the Agreement is amended to extend the allowed renewal terms for an
additional five (5) one-year terms.
4. Vendor's name under the Agreement is amended to reflect the change from nCourt to
Catalis Payments, LLC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
II.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
III.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument. A facsimile copy
or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall
have the same effect as anoriginal.
[Signatures on following page]
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Valerie Washington (Apr 11, 202318:55 CDT)
Name: Valerie R. Washington
Title: Assistant City Manager
Date: Apr ll) 2023
APPROVAL RECOMMENDED:
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Name: William F. Rumuly
Title: Municipal Court Director
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By:
Name: Jannette Goodall
Title: City Secretary
Catalis Payments, LLC
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By: Steve Ostroff (Apr 4, 20 3 8:45 EDT)
Name: Steve Ostroff
Title: Executive Vice President, Payments
Date: Apr 412023
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: Shelley Hollars (Apr 5, 2023 08:33 CDT)
Name: Shelley Hollars
Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
ALL
By: Nico Arias (Apr 7, 2023 15:18 CDT)
Name: Nico Arias
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
Scope of Services
1. nCourt/Catalis Payments, LLC ("nCourt/Catalis") is a government services technology
company that, among other things, provides software that permits government agencies to collect
criminal and civil fines including traffic and parking and other court -related payments on-line,
via mobile device, at City offices and through our bilingual call center with a credit or debit card
(the "Program"). Vanilla Direct currently works with the following Retailers: Dollar General,
Family Dollar, 7-Eleven, Kum & Go, Speedway, CVS, Game Stop, gomart, Pilot, Royal Farms,
Rutter's, Sheetz, Stripes, TA, Kwik Trip, Walmart, Walgreens, Duane Reade, Rite Aid.
2. nCourt/Catalis shall build, host and maintain a City specific website(s) for The City of Fort
Worth. nCourt/Catalis will purchase a dedicated URL, with a. com extension to be used for the
Program.
3. There is no cost to the City for the implementation and operation of the Program.
4. If desired, at no charge to the City, nCourt/Catalis will provide the City with a non -cash stand
alone payment kiosk. Upon receipt, the kiosk will become the sole and exclusive property of the
City. nCourt/Catalis will facilitate the processing of any warranty claims during the
manufacturer's warranty period. Included in the purchase of the payment kiosk will be the 1 st
year maintenance and support agreement and the printer required for the payment kiosk. The
City will be responsible for the day-to-day maintenance of the payment kiosk including
obtaining any separate maintenance contract beyond the initial maintenance period, and the
provision of printing supplies within the payment kiosk as required.
5. nCourt/Catalis will provide a secure website that will allow payers to enter their pertinent
information, e. g., citation number and fine amount, and then proceed to pay with a credit or
debit card. Vanilla Direct generates a UPC code that is honored at their participating retailers.
6. The Court via their court management software, will update nCourt/Catalis' database, on a
near real-time basis via web services, with data on all open and payable citations from the
Court's server. Upon exchange of data, the information may be accessed, and payment made by
the offender. Citations will be searched by citation number and the first and last name or similar
identifying characteristic of the offender.
7. When a payment is authorized, nCourt/Catalis will provide notification to the Court by e-
mail. All payment transactions will automatically update the court's case management system.
8. The citation holder will be simultaneously advised by nCourt/Catalis that the transaction has
been completed.
9. Payments are deposited daily into a government fees custodial account and transferred by
ACH Electronic Transfer to Agency on a daily basis. The payment will be accompanied by a
reconciliation detailing the payments included. Any money transfer fees will be absorbed by
nCourt/Catalis.
10. nCourt/Catalis guarantees to The City of Fort Worth all fees collected, regardless of any
chargeback issues. In the case of suspected fraud, nCourt/Catalis may, from time to time, reach
out to the City of Fort Worth for assistance in pursuing resolution to suspected fraudulent
chargebacks. In such instances, Agency agrees to provide reasonable assistance to nCourt/Catalis
in these efforts. Such support may include providing documentation, call records, and/ or in
cases of documented fraud, reinstatement of the underlying citation cost or fine.
11. Upon notification of an over or underpayment of any fine amount, nCourt/Catalis will refund
an overpayment or notify the payer via automated email of their underpayment and the
remaining amount due. Vanilla Direct is not capable of refunding cash for overpayment.
nCourt/Catalis will provide City of Fort Worth funds to provide any refund needed.
12. If there are designated payments that are ineligible for online payment, the Agency will be
able to reject the payment through the Dashboard. Payers will be notified by automated email.
13. nCourt/Catalis shall hold harmless, indemnify and defend The City of Fort Worth, and all of
his officers, employees and/ or officials from any and all liability, actions, claims, losses,
damages or other costs of whatsoever nature that may be asserted by any person or entity arising
from or in connection with the collection of payments by credit or debit card or through internet
transactions pursuant to the terms of this Agreement.
14. nCourt/Catalis 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 City personnel. The operating hours for the call center shall be:
Monday- Friday 6 am- 8pm CT
Saturday- Sunday 8 am- 5pm CT
Closed Thanksgiving Day and Christmas Day (although citizens can pay 24x7x365 online)
15. In order to ensure high utilization of the Program and thereby further streamline payment
processing, the website address shall be printed on all invoices. Links from other government
websites will also be explored. Additionally, City administrative staff should routinely advise
telephone callers of the City's website(s) which should create greater utilization and reduce
telephone inquiries to the City.
Exhibit B
Payment Channels (expansion of ePay services)
Fee Per Transaction
Retail Cash Payments
Citation payments made with cash at participating Vanilla Direct locations
$1.50 user fee per
transaction