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HomeMy WebLinkAbout046945-A3R6 - General - Contract - Catalis Payments, LLCCSC No. 46945-A3R6 THIRD AMENDMENT AND SIXTH RENEWAL TO FORT WORTH CITY SECRETARY CONTRACT 46945 BETWEEN CITY OF FORT WORTH AND CATALIS PAYMENTS, LLC. This Third Amendment and Sixth Renewal to Fort Worth City Secretary Contract 46945 ("Amendment") is made between the City of Fort Worth ("City"), a Texas home -rule municipal corporation, and Catalis Payments, LLC (formerly nCourt, LLC "Vendor" or "Catalis"), referred to as a "party" and collectively as the "parties". WHEREAS, Catalis Payments, LLC replaces nCourt, LLC as a Party to the Original Agreement; WHEREAS, on August 7th, 2015, the Parties entered into City Secretary Contract 46945 to provide an electronic gateway payment service (the "Agreement"); WHEREAS, on July 27th, 2020, the Parties renewed the Agreement modified the renewal options to one (1) additional two-year renewal and one (1) additional one-year renewal option. WHEREAS, on April 11, 2023 the Parties amended the Agreement to; reflect a change in name by Vendor; add Vanilla Pay; and add five (5) additional one-year renewal terms to the Agreement; WHEREAS, the Parties neglected to document renewal of the Agreement with annual renewal letters for several contract years, specifically for the renewal periods 2 (2022-2023), 3 (2023-2024), 4 (2024-2025), and 5 (2025-2026); and WHEREAS, the Parties have operated through each those renewal periods under the terms of the Agreement and desire to ratify and confirm each of these renewal terms as valid exercises of the City's renewal options under the Agreement; WHEREAS, the Parties further desire to exercise the Sixth Renewal Term, covering July 29, 2026, through July 28, 2027, and to amend the Agreement to add services and adjust fees. NOW THEREFORE, known by all these present, the parties, acting herein by and through their duly authorized representatives, agree to the following terms, which amend, ratify, and renew the Agreement as follows: I. RATIFICATION OF PRIOR RENEWALS The Parties hereby ratify and confirm the following renewal terms as properly exercised: 1. Second Renewal: July 29, 2022 —July 28, 2023 2. Third Renewal: July 29, 2023 — July 28, 2024 OFFICIAL RECORD 3. Fourth Renewal: July 29, 2024 — July 28, 2025 CITY SECRETARY 4. Fifth Renewal: July 29, 2025 —July 28, 2026 FT. WORTH, TX 3rd Amendment and 6`h Renewal to Fort Worth City Secretary Contract 46945 Page 1 of 8 II. SIXTH RENEWAL TERM The Agreement is hereby renewed for an additional one-year term, beginning July 29, 2026, and ending July 28, 2027, pursuant to Section 2.2 of the Agreement as amended. III. AMENDMENTS 1. Exhibit A of the Agreement is amended to add counter payment processing services. 2. Exhibit B of the Agreement is amended to add counter payment processing fees, EMV devices, and training services. 3. Exhibit B of the Agreement is amended to add verbiage to 4.5% processing fees. 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. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 2 of 8 ACCEPTED AND AGREED: Executed effective as of the date signed by the Assistant City Manager below. CITY: City of Fort Worth By: Name: Title: Date: ZjA' 9"�" William Johnson Assistant City Manager 08/20/2026 Approval Recommended: ( By: Siam Rumuly g 19, 2026 13:53:40 CDT) Name: William F. Rumuly Title: Municipal Court Director Attest: Poivoua3 fORr�aad 09.10 ..� Ov° o=dd PP*p, oe*na 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: Name: Jacob Lohse Title: Administrative Services Manager Approved as to Form and Legality: J By: Name: Gavin Midgley Title: Sr. Assistant City Attorney �z a$Contract Authorization: aaann4p By: M&C: N/A Name: Jannette Goodall Date Approved: N/A Title: City Secretary VENDOR: CATALIS PAYMENTS, LLC By: Jeff Hess (Aug 19, 2026 14:49:12 EDT) Name: Jeff Hess Title: Chief Operations Officer Date: 08/19/2026 Form 1295 Certificate No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 3 of 8 EXHIBIT A SCOPE OF SERVICES Scone of Services 1. Catalis Payments, LLC ("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. 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 4 of 8 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 7 am- 7pm CT Saturday- Sunday 9 am- 1pm CT Observed holidays will follow Catalis company policy, which generally aligns with government -recognized holidays. These updated hours replace and supersede any prior Call Center hours referenced in the Agreement. (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. Pavment Processin! Scone Web & Mobile Catalis Responsibilities • Catalis will build, host and maintain Fort Worth Municipal Court -specific website(s) 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 5 of 8 • Catalis will provide a secure website that will allow payers to enter their pertinent information, e.g., citizen name or other unique identifier, and then proceed to pay • System will collect and transmit payment information for authorization and settlement • Payments are deposited daily into a custodial account and transferred by ACH electronic transfer to Fort Worth Municipal Court daily • The payment will be accompanied by a reconciliation detailing the payments included; any money transfer fees will be absorbed by Catalis • System will provide method of transferring transaction data back to Fort Worth Municipal Court • Upon notification of an over- or under -payment of any fine amount, Catalis will refund an overpayment or notify the payer via automated email of their under -payment and the remaining amount due • The payer will be simultaneously advised via automated email that the transaction has been completed and will receive further notification when the Fort Worth Municipal Court processes the payment Fort Worth Municipal Court Responsibilities • Attend client care calls as requested • Revoke system access of terminated employees at time of termination • For the duration of this agreement, maintain an active link connecting the Fort Worth Municipal Court website and the Catalis Payments portal in a prominent and mutually agreed location • If ACH / eCheck processing is in scope, provide ACH forms required for the remittance of funds • In non-integrated environments, provide a fine list, updates, and a payment schedule in an electronic format Counter Catalis Responsibilities • Catalis will deliver and configure EMV device(s) • Catalis will deliver an administrator portal for counter payments • Catalis will remotely upgrade EMV devices as appropriate • Catalis will provide remote, web -based training session(s) covering setup and use of EMV devices Fort Worth Municipal Court Responsibilities • Fort Worth Municipal Court will keep all point of sale terminals in good order and repair except for normal wear and tear in the ordinary course of business IVR Catalis Responsibilities 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 6 of 8 IVR solution shall be hosted and maintained by Catalis Catalis shall configure call scripts according to industry best practices IVR functionality shall only include search/retrieval and payment processing of payments in full Call Center Catalis Responsibilities • Catalis shall provide a toll -free telephonic customer service function to ensure that Customers utilizing the Program have a satisfactory experience that does not require the technological assistance of Fort Worth Municipal Court personnel 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 7 of 8 EXHIBIT B PAYMENTS For all major credit card brand (AMEX, Visa, MC, DISC), Apple Pay and Pay Pal: Payment Channel Fee Percent For payments made online, on mobile devices, or via IVR, including 3% chargeback protection For payments made at the court utilizing nCourt provided PCI, EMV-ready card readers or at a kiosk,including chargeback 3% protection For payments taken by agents in our bilingual call center, including chargeback protection. The 4.5% fee includes a 3.0% payment processing fee and a 1.5% fee for payments processed with live agent assistance.) For payments taken using nCourt's outbound calling services to aid in the notification of upcoming and past due payments prior to the court engaging collection agency services; citizen phone numbers 4.50% provided by the Court. (The 4.5% fee includes a 3.0% payment processing fee and a 1.5% fee for payments processed with live agent assistance. For all ACH /eCheck Transactions Payment Channel Fee per transaction For payments made online, on mobile devices, or via IVR, including $1.00 per transaction chargeback protection For payments taken by agents in our bilingual call center, including $4.00 per transaction chargeback protection For payments taken using nCourt's outbound calling services to aid in the notification of upcoming and past due payments prior to the $4.00 per transaction court engaging collection agency services; citizen phone numbers provided by the Court Retail Cash Payments Citation payments made with cash at participating Vanilla Direct $1.50 user fee per transaction locations 3rd Amendment and 6' Renewal to Fort Worth City Secretary Contract 46945 Page 8 of 8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Catalis Payment, LLC Subject of the Agreement: THIRD AMENDMENT AND SIXTH RENEWAL TO FORT WORTH CITY SECRETARY CONTRACT 46945 BETWEEN CITY OF FORT WORTH AND CATALIS PAYMENT, LLC. M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No ❑ 46945 - Amendment #3 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 7/29/26 If different from the approval date. Expiration Date: 7/28/27 If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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