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AGREEMENT BETWEEN CITY OF RENTON AND NCOURT LLC
THIS AGREEMENT, dated June 3, 2019, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and nCourt LLC ("Consultant"), a Delaware limited liability
company registered to do business in the State of Washington. The City and the Consultant are
referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this
Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide the Renton Municipal Court with an
electronic payment processing system as specified in Exhibit A, which is attached and
incorporated herein and may hereinafter be referred to as the "Work" or the "Services."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed on the
timelines anticipated in Exhibit A.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed the rates specified in Exhibit A, plus any applicable state
and local sales taxes. Compensation shall be paid based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit A. The Consultant
agrees that any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A.
Except as specifically provided herein, the Consultant shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
B. [Intentionally omitted.]
C. [Intentionally omitted.]
D. [Intentionally omitted.]
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10)calendar days' notice to the Consultant in writing. In the event
of such termination or suspension,all finished or unfinished documents,data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for Work to the effective date of termination, less all payments previously
made.This provision shall not prevent the City from seeking any legal remedies it may
have for the violation or nonperformance of any of the provisions of this Agreement
No payment to the Consultant shall be authorized for any expenses incurred or work
done following the effective date of termination unless authorized in advance in
writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use all final work product produced pursuant to
this Agreement. The City's or other's adaptation, modification or use of the final work
products other than for the purposes of this Agreement shall be without liability to the
Consultant. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
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(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
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retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration, improvement,etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
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Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
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15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Bonnie Woodrow, Court Services Director Dave Winters
1055 South Grady Way 955A Cobb Place Blvd
Renton, WA 98057 Kennesaw, GA 30144
Phone: (425)430-6531 Phone: 770-293-1829
bwoodrow@rentonwa.gov dwinters@governmentbrand.com
Fax: (425) 430-6544 Fax: (XXX) XXX-XXXX
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
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C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964,and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
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B. General Administration and Management. The City's project manager is Bonnie
Woodrow, Court Services Director. In providing Work, Consultant shall coordinate
with the City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County,Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
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Time is of the essence of this
J. Time is of the Essence Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
By: 1r.:t By:
Bonnie Woodrow Dave Winters
Court Services Director Chief Financial Officer
; 6/4/2019
Date Date
Approved as to Legal Form
41111
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Shane Moloney
City Attorney
Contract Template Updated 03/12/2019(non-standard LCC)
.0.
PAGE:10 OF 10
Court
6/3/2019
Renton Municipal Court
1055 S. Grady Way
Renton, WA 98057
Attn:
Bonnie Woodrow /
Court Services
Director
Dear Bonnie:
As requested, this letter agreement ("Proposal")with Renton Municipal Court (hereinafter
referred to as the "Agency"), sets forth our mutual understanding of the terms and conditions
pertaining to nCourt LLC providing Renton Municipal Court with an electronic payment
processing program.
For good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. nCourt LLC ("nCourt") is a government services, technology company that, among other
things, provides software that permits government agencies to collect citizen payments
online via the web or mobile device, through payment IVR's, via our live, bilingual call
center, and at the government office locations using credit/debit cards and/or ACH/e-
check (the "Program").
2. nCourt shall build, host and maintain an Agency-specific website(s) for Renton
Municipal Court. nCourt will purchase a URL, www.[TBD).com
3. All costs for development, hosting, application, processing, customer service and
merchant fees related to the Program are underwritten by a 'user fee' included in the
payment transaction as follows:
• Criminal, Infraction, Parking, and Photo Enforcement payments made online via
the web or mobile device - 5%
• Criminal, Infraction, Parking, and Photo Enforcement payments made via the live,
bilingual call center-7°/0
• Criminal, Infraction, Parking, and Photo Enforcement payments made via payment
IVR (nCourt's automated phone system) - 7%
The 'user fee' is calculated based on certain cost assumptions for third party payment
transaction processing fees (i.e. merchant fees, payment network fees, interchange fees,
assessments, authorization fees, risk fees, transmission fees, etc.). Agency
acknowledges that nCourt may modify the 'user fee' with 30 days written notice should
the cost assumptions change.
Toll-Free' Fax
1YCourt
4 There is no cost to the Agency for the implementation and operation of the Program
unless specified otherwise herein. Agency will make resources available to assist nCourt
in the timely launch of the payment processing program. The expected "go live" date for
the services contemplated in this Agreement is 180 days from the execution of this
Agreement.
5. nCourt 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 with a
credit or debit card.
6. The Agency via their case management system, JIS will update nCourt's payment
program on a near real-time basis, with data on all open and payable case
management system from the Agency's server. Upon exchange of the data, the
information may be accessed, and payment made by the citizen. Data will be
searched by the first and last name, or similar identifying characteristic of the citizen.
7. If there are designated payments which are ineligible for online payment, the Agency will
be able to omit those records from being paid through nCourt via their case
management system.
8 When a payment is authorized, nCourt will provide notification to the Agency by
automated email. All payment transactions will automatically update the Agency's case
management system.
9. The payer will be simultaneously advised via automated email that the transaction has
been completed and will receive further notification when the Agency processes the
payment.
10. Payments are deposited daily into a government fees custodial account and transferred
by ACH electronic transfer to the 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.
11 nCourt guarantees to Renton Municipal Court 100°/0 of all fees collected, regardless of
any chargeback issues with all forms of payment except for citizen ACH payments. In
the case of suspected fraud, nCourt may, from time to time, reach out to the Renton
Municipal Court for assistance in pursuing resolution to suspected fraudulent
chargebacks. In such instances, Agency agrees to provide reasonable assistance to
nCourt in these efforts. Such support may include providing documentation, call records,
and/or in cases of documented fraud, reinstatement of the underlying
assessment/payment due.
Toll-Free' Fax
GYCourt
12. nCourt shall hold harmless, indemnify and defend Renton Municipal Court, and all of its
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.
13 nCourt shall provide a toll-free telephonic customer service function to ensure that
members of the public utilizing the Program have a satisfactory experience that does not
require the technological assistance of Agency personnel.
14 Electronic Payment System Utilization. Agency will make nCourt's Services available to
its citizens through various means of communication, including a) through billing
statements, invoices and other payment notices; b) by providing IVR and Web payment
details on the Agency's website including a "Pay Now' or similar link on a mutually
agreed prominent place on the web site; c) through the Agency's general IVR/Phone
system and d) other channels deemed appropriate by the Agency.
nCourt shall provide the Agency with logos, graphics and other marketing materials for
use in its communication with its citizens regarding the payment services provided by
nCourt. Both parties agree that nCourt will be presented as the primary payment method
option. Agency will communicate the nCourt payment Service option to its Citizens
wherever the Agency generally communicates its other payment methods.
Agency's Responsibilities; In order for nCourt to provide the Services outlined in this
Proposal. the Agency shall:
• Provide ACH forms required for the remittance of funds.
• For the duration of this Agreement, Agency will maintain an active link connecting
the Agency website and the nCourt payment portal in a prominent and mutually
agreed location on the Agency website. The phone number for the payment IVR
and nCourt Call center(if applicable)will also be added to the website. Agency
will also add the IVR payment option as part of the Agency general phone
system.
• Implement the items identified in item 15.
• Agency will launch the nCourt electronic payment processing service to its citizen
within 180 days from the execution of the Agreement if nCourt has made the
payment processing program ready to launch within such timeframe.
• Agency will make JIS aware of the requirement to integrate with the nCourt
system and of the anticipated "go live" date contemplated herein. Agency will
compel said vendor to actively participate in accomplishing the "go live" of the
Program in the specified timeframe outlined herein.
• For the purpose of providing the Agency a posting file for posting to the Agency's
case management system, Agency will provide the file format specification
currently used to post its payments to the case management system, JIS.
Agency will fully cooperate with nCourt and provide the information required to
integrate with the Agency's case management system.
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I1TCourt
The expected processing volume in the Program is estimated at $351,850 dollars or
3,000 transactions per month.
15 The disclaimer language to appear on the website is contained in Appendix A, attached
hereto.
16 [Intentionally omitted.]
17 [Intentionally omitted.]
18 [Intentionally omitted.]
19 [Intentionally omitted.]
Toll-Free Fax
IWCourt
d\''''f" t APPENDIX A
To continue to pay your fee,fine,citation or other payment,you must accept the following TERMS OF USE. Please read
and fully understand the following terms and press the"ACCEPT TERMS"button to acknowledge that you have read and
accept these terms.Acceptance of these terms is required to continue to payment.If you do not accept these terms,
press"DECLINE TERMS"button to return to the Citation Search screen.
The systems in place for automated processing of information from this court have been tested thoroughly and are subject to
multiple levels of backup.confirmation and security.By using this automated payment system.USER acknowledges and
understands that nCourt is providing this service as an agent of the court for the strict purpose of accepting electronic payments due
to the court and remitting such funds to the court.nCourt has no legal authority related to the USER's obligation to the court.By
using this system.USER also acknowledged errors may occur just as errors can occur with human processing of information. By
using this service.you agree that this is voluntary and that you(the"USER-)understand that the service fee added to the
payment(s)being made are charged by the Provider to pay merchant processing fees.web hosting fees.administration and other
costs and expenses associated with providing this service. No part of the service fee benefits the court,the judge.any specific civil
service individual or any jurisdiction in which the charges or fees were levied. incurred or are being paid.
Other than in connection with processing the payment being made,to the fullest extent possible under the law.identifying private
information will not be distributed. Unless required by law.no data records or other information will be used.released or sold to any
third party.Unless otherwise required by law. no information will be released to any other party unless such party requires the
information for purposes of processing or providing another service essential to completing the transaction related to the payment(s)
being made
nCourt.LLC(the"Company')agrees to use all reasonable efforts to provide accurate processing of information provided from court
files and to diligently distribute information provided by the USER to the court. nCourt.LLC cannot and does not guarantee the
accuracy or timeliness of any provided information provided and expressly disclaim any warranty,including merchantability and
fitness for a particular use under the Uniform Commercial Code of Georgia beyond the extent of the service fees paid by the user of
the service.
nCourt.LLC has in place a comprehensive security plans and internal control plan which is designed to ensure the anonymity of
program user information. Further,access to such information is controlled and restricted to authorized personnel only.The
payment submission process uses Secure Sockets Layer(SSL)encryption to virtually eliminate the possibility of unauthorized
access to your private information while it is being transferred across the internet.Your personal financial data is NOT stored on
computers administered by the Company
By submitting this information electronically.you agree to release the court.judge.civil service individuals or any jurisdiction in
which the charges or fees were levied,and nCourt,LLC.its principals,officers.directors.employees.agents affiliated companies,
successors and assignees(collectively the'Providers')from any direct.indirect,punitive,incidental special or consequential
damages arising out of or in any way connected to the use of the Program or with the delay or inability to use it,or for any
information.software.products and services obtained through this program,or otherwise arising out of the use of this program.the
internet generally or on any other basis(whether based on contract.tort,strict liability or otherwise.)The Providers will not be
responsible for any security breaches or non-compliance with Federal or State law or terms of this agreement which results in any
act or omission of the USER or a third party unrelated to the negligence of the Provider
The operation of this online payment program is based in Kennesaw,Georgia.and the company may seek to have any action of
any nature against the company proceed in Cobb County.Georgia. You agree not to challenge the use of any electronic payment
and additionally agree that any action brought by the Provider(s)against you to enforce any electronic payment for which any
benefit has been provided to you in any way shall entitle the Provider(s)to per se probable cause for criminal action for theft of
services or for civil recovery of all fees paid.process fees.costs,attorney's fees.plus any incidental or associated damages proven
by the Provider(s) Any such civil actions may be bought in the courts of Cobb County. Georgia.
Nothing herein is to be construed as legal counsel or advice Users should consult with their own legal counsel with respect to the
implications of making the payment through this system
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once the payment has been submitted.confirmed and accepted by the court. If the submission is rejected by the court.refunds will
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nCourt LLC partners with WorldPay(formerly dba Vantiv), LLC and Fifth Third Bank FBO. Please
sign the bottom of this form and return it to us immediately as confirmation of understanding the
terms and conditions of our service.
Renton Municipal Court understands that nCourt LLC will provide customer support and billing
associated technology services. Renton Municipal Court hereby authorizes WorldPay, LLC.to fund
a bank account designated by nCourt LLC for your benefit and to make direct deposit of Visa,
MasterCard, and Discover funds into this account. WorldPay, LLC will debit an account owned
and designated by nCourt LLC: (1)for the discount fees, and other charges incurred in connection
with Renton Municipal Court card processing; (2) for all chargebacks and adjustments; (3) for
arbitration fees, fines, penalties, etc. charged by the associations incurred as a result of Renton
Municipal Court card processing; and (4) for any other amounts described in this Exhibit A
including its Appendix A. Renton Municipal Court has read, understands and agrees to be bound
by the terms and conditions of this Exhibit A, including its Appendix A, , which is hereby
incorporated by reference and may be modified or amended from time to time upon mutual written
agreement of Renton Municipal Court and nCourt.
II
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