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Home My WebLink AboutRetail Lockbox Service Agreement Augusta Richmond GA DOCUMENTNAME~\-Q.i I LceKbo X 5er-Vi c-C: ~veel'Y\~1- DOCUMENT TYPE: A3 r ee~ n 1- YEAR: (Of ~f r IrA BOX NUMBER: ,..) FILE NUMBER: II 3,(05 NUMBER OF PAGES: 5 'r ~ ' AccuData Solutions, Inc. Retail Lockbox Service Agreement The Al:reement, made and entered into this /? day of J(f/v~ ' 199L by and between AccuData Solutions, Incorporated (hereinafter" ADS") and Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as "the Customer"). The parties named above agree ADS shall provide Retail Lockbox Service to the Customer under the followimg terms and conditions: 1. It is the responsibility of the Customer to notify its payors that remittances shall be mailed to Customer at a remittance address agreeable to both parties. ADS shall pick up mail at an agreed to local specified address or the Customer shall have such remittances delivered to ADS for processing. ADS will pick up mail according to ADS' processing Schedule B, which may be amended from time to time by customer and ADS. 2. ADS shall use its Remittance Processing equipment and programs to capture payment information for each payment received, provided such payments are accompanied by machine reHdable coupons which meet the formats and specifications required by ADS. 3. Customer authorizes ADS to endorse all checks on their behalf and deposit said checks to the Customer's business office or to a local depository bank for deposit to Customer's account. 4. Cu~tomer has sole responsibility to resolve disputed items deposited with the Customer's bank. ADS has no responsibility and is absolved of any dispute. 5. ADS shall provide the Customer with a Remittance Detail Report reflecting all payment information. This report shall be provided in the medium specified by the Customer. EX2\mples of payment media include printed reports, diskettes, or data transmission. 6. ADS shall not process any item not accompanied by a valid payment coupon, nor any payment whose coupon cannot be read by ADS' system. These non-processable items shall be delivered by c:ourier the following day to the Customer for further handling. 7. AD:~ shall create a microfilm record of payments processed and will deliver the developed film to the City of Augusta as film canisters are filled. The film will be property of the City of Aug;usta. 8. ADS shall maintain a temporary backup file of all payments processed. This backup file is the sole basis for the recreations of work which may be required in the event that the transmitted output by ADS to the Customer is unusable. It is the Customer's responsibility to promptly (within 3 business days at no additional charge) report to ADS if there is a problem with any data provided so the data can be retrieved prior to the erasure of the backup. 9. ADS and the Customer shall each make available to the other the names and phone numbers of operational contacts who should be notified in the event of any processing difficulties expeJdenced by either party. 10. Char;ges for this service are provided in Schedule A. ADS may amend with ninety (90) days prior notice to renewal of contract any fees setforth in Schedule A effective with renewal. 11. Th, C.,tom" ag"" to, -." "._, h._,h!, iRd...i- hold h"ml,,, ADS '<om and again,' alllY and all expenses, costs, claims, causes of action, and liabilities resulting from claims by third puties, which directly or indirectly arise from the handling of, and credit given for, remittance items handled under this agreement, it being understood that ADS acts herein as agent for the Customer. 12. ADS shall not be liable to Customer or any other party for additional damages to include consequential damages, except in the case of gross negligence, fraud, or willful misconduct on ADS' part. 13. Strikes, fires, shortages of labor or materials, severe weather, natural disasters, or ADS' processing systems, or other causes beyond the control of ADS which shall affect ADS' ability to perform hereunder shall constitute valid ground for suspension of ADS' performance standards until such time as the event causing the delay has ceased to affect ADS' ability to perform. 14. Tl:rmination of this agreement may be made by either party upon ninety (90) days written notice to the other. This agreement shall remain in full force and effect after the effective date of cancellation with respect to items previously received and processed hereunder. 15. Tbtis agreement, together with all exhibits referenced herein, constitutes the entire agreement between the ADS and the Customer and supersedes all other proposals, oral or written, between the parties on this subject. This Agreement may be modified only in writing and with thl~ mutual consent of the parties hereto. This agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 16. ADS agrees to safeguard Client's confidential or proprietary information to the same extent th21t ADS safeguards confidential and proprietary information in its own business. ADS agrees to take all reasonable steps to prevent the disclosure, publication or dissemination of Client's confidential or proprietary information to any other person, entity, or governmental agency, except where and to the extent specifically required by law. 17. In all cases, the parties agree to use all reasonable effort to carry out the letter and spirit of thi!; Agreement and to use good faith and commercial reasonableness in their dealings with one another. 18. All claims, disputes and other matters in question between the Customer and ADS arising out of or .relating to the agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ADS by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond COlInty, Georgia. 19. Any and all ADS employees who are to pick up, transport, or deposit or otherwise handle checks belonging to Augusta, or who are involved in accounting to Augusta for such monies, pursuant to this agreement shall be bonded in an amount not less than $50,000. 20. ADS shall maintain at all times, or shall cause its courier to maintain at all times during the term of this Agreement, at ADS' sole expense, comprehensive and general public liability instlrance coverage against claims for personal injury, death and/or property damage occurring in c,[)nnection with the performance of this Agreement, with limits of coverage of not less than $500,000 for personal injury (including death) per person and $1,000,000 per occurrence and not less than $100,000 for property damage. 21. The parties agree that they are not joint venturers or partners for any purposes, but that ADS acts as an independent contractor of the Customer. The Customer acknowledges and agrees that it cannot and shall not control the time, method, and/or manner of ADS' performance under this Agreement. 22. This Agreement shall be for an initial term of one (1) year, and shall automatically renew for additional terms of one (1) year unless either party indicates, in writing and at least 90 days' prior to the scheduled expiration of the current term, its desire to cancel the Agreement, or unless the Agreement is terminated in accordance with Section 14 above. IN WITNESS WHEREOF, AccuData Solutions, Inc. and the Customer have caused this agreement to be encuted by their duly authorized officers and to be effective as of the day and year first above noted. AccuData Solutions, Inc. (ADS) BYd~. ~ Print l';ame fd! ~ t..J(?Q~ Title P~. ,;~",r- ed/dL vW TIIiI document approved as ~j> . . . (J Normal Processes: Optio:llal Processes: Other Charges: SCHEDULE A Augusta-Richmond Remittance Processing Bid Maintenance Items Captured Non-Processable Items File Setup and Transfer Daily Courier Fee from Augusta P.O. 70.00 Monthly 0.]0 Each 0.04 Each 5.00 Each 30.00 Daily Daily Remittance Report Return of Remittance Items Photo Copy of Remittance Items Copy of items on Microfilm ** 50.00 Monthly 50.00 Monthly 1.00 Each 50.00 Monthly One Time Setup Fee Custom Programming Charges 250.00 50.00 Hourly ** The $50.00 charge is AccuData's fee and does not include film processing charges that will be passthru. However, a copy of the film will of the film will normally be retained at AccData at no charge. AUGUSTA-RICHMOND COUNTY COMMISSION LARRY E. SCONYERS Mayor ROOM 801 MUNICIPAL BLDG. (11) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM FREDDIE L. HANDY WILLIAM B. KUHLKE. JR. WM. "WIU1E" H. MAYS, ill J. B. POWELL STEPHEN E. SHEPARD MOSES TODD LEE BEARD Mayor Pro Tem July 27, 1998 CHARLES R. OUVER. P E. CPA Administrator JAMES B. WALL Attorney Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 Reply to: P.O. BOX 2125 Augusta, GA. 30903 RE: AccuData Solutions Retail Lockbox Service Agreement Dear Lena: I enclose herewith the original of the Agreement with AccuData Solutions, Inc. referenced above. Please include this in the City'S permanent records. with best personal regards, I am Yours very truly, ~ James B. Wall ~ JBW/sjp Enclosure