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DocuSign Envelope ID:9822D5D4-600B-4A67-B07F-02E780760E1B <br /> Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for <br /> deficiencies which are otherwise incapable of collection(i.e. statute of limitation or other legal <br /> defense) shall not be considered a City voluntary election to waive, and thus, HdL would not <br /> be entitled to compensation related thereto under this provision. <br /> 2.3 The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or <br /> incurrence of attorneys' fees or other costs or expenses in connection, with the relevant <br /> services. <br /> 2.4 Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings <br /> (including implementation, training, operations and support). Travel expenses only apply to <br /> out of scope travel and must therefore be pre-approved by City. <br /> 2.5 Fees will be invoiced monthly to City for services performed during the prior month.Fees will <br /> be netted out of City's monthly revenue disbursement to the extent that HdL has commercially <br /> reasonable means to do so. Payment by City for any outstanding balance shall be made within <br /> forty-five (45)days following receipt of proper invoice evidencing work performed, subject to <br /> City accounting procedures. <br /> 3. PAYMENT PROCESSING <br /> 3.1 HdL will configure payment processing services to utilize either a taxpayer funded model <br /> (convenience fee) or City funded model, as directed by City. City may switch between these <br /> models upon written request to HdL. Fees for each of these payment processing models are <br /> detailed here. <br /> 3.2 Taxpayer funded model — City authorizes HdL to collect each convenience fee from the <br /> taxpayer at time of payment. <br /> a. Credit and debit card processing—2.9%of transaction amount,minimum of$2.00 <br /> b. ACWcCheck processing- $2.50 per transaction <br /> 3.3 City funded <br /> a. Credit and debit card processing—2.9%of transaction amount <br /> b. ACWcCheck processing- $0.75 per transaction <br /> 3.4 Returned payments/NSF fee — Each occurrence of a card chargeback, returned payment or <br /> insufficient funds will incur a fee of$25.00,to be applied to the taxpayers account. <br /> 3.5 HdL reserves the right to review and adjust pricing related to payment processing services once <br /> every fiscal year (as defined by the City, the period running from July I st through June 30th <br /> the following year). HdL will communicate any fee adjustments to the City in writing, with <br /> sixty(60)days advance notice.Items that will be considered in the review of fees may include, <br /> but are not limited to: regulatory changes, card association rate adjustments, card association <br /> category changes,bank/processor dues and assessments, average consumer payment amounts, <br /> card type utilization, and costs of service. <br /> City Council 23 —21 7/16/2024 <br />