Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

contract renewal

VIEWS: 365 PAGES: 21

online contract renewal doc for download

More Info
									                                      CONTRACT RENEWAL
Date of Renewal:          March 19, 2010

Contract Number:          09087

PR Number:                012786

Procurement Officer:      Jill Martin
Telephone:                785-296-3123
E-Mail Address:           jill.martin@da.ks.gov

Item:                     CREDIT CARD ACCEPTANCE SERVICES

Agency:                   Statewide
Location(s):              Various

Period of Contract:       July 1, 2010 through June 30, 2011

Contractor:               Bank of America Merchant Services (effective immediately)
                          (formerly FirstData Corporation)
                          FEIN:        26-3243980

                          Relationship Manager
                          Shirley Davis-Washington
                          39B Morton Street
                          Jamaica Plain, MA 02130
                          Office:         617-524-1490
                          Mobile:         617-676-8486
                          Fax:            402-916-2012
                          Email: Shirley.Davis@bankofamericamerchant.com

Prices:                   As per original contract dated July 1, 2006 and any addenda thereafter issued.

Political Subdivisions:   Pricing is to the political subdivisions of the State of Kansas.

Administrative Fee:       No Administrative Fee will be assessed against purchases from this contract.

Conditions:

Effective immediately, this contract was assigned from FirstData Corporation to Bank of America
Merchant Services

This renewal is made in accordance with the “Term of Contract” contained in the original contract dated
July 1, 2006 and any addenda issued thereafter. Approval of this renewal has been expressed by the
contractor and the Director of Purchases for the State of Kansas.
[Type text]




                                              ADDENDUM
March 19, 2010

Addendum Number:           5

Contract Number:           09087

Procurement Officer:       Jill Martin
Telephone:                 785-296-3123
E-Mail Address:            jill.martin@da.ks.gov

Item:                      Credit Card Acceptance Services

Agency:                    Statewide
Location(s):               Various

Contractor:                Bank of America Merchant Services (effective immediately)
                           (formerly FirstData Corporation)
                           FEIN:      26-3243980

                           Relationship Manager
                           Shirley Davis-Washington
                           39B Morton Street
                           Jamaica Plain, MA 02130
                           Office:              617-524-1490
                           Mobile:       617-676-8486
                           Fax:          402-916-2012
                           Email: Shirley.Davis@bankofamericamerchant.com


Conditions of Addendum:

Effective April 1, 2010, the attached price structure goes into effect.



 cc acceptance fee
    changes.pdf
Bank of America Merchant Services offers a ClientLine as a Reporting/Analysis Tool for customers. The
following is a user guide for ClientLine. Please contact Shirley Davis-Washington to get registered.



   userguide.pdf
[Type text]




                                      CONTRACT RENEWAL
Date of Renewal:          May 11, 2009

Contract Number:          09087

PR Number:                012786

Procurement Officer:      Connie Schuessler
Telephone:                785-296-1171
E-Mail Address:           connie.schuessler@da.ks.gov
Web Address:              http://da.ks.gov/purch/

Item:                     CREDIT CARD ACCEPTANCE SERVICES

Agency:                   Statewide
Location(s):              Various

Period of Contract:       July 1, 2009 through June 30, 2010
                          (With the option to renew for one (1) additional one (1) year period)

Contractor:               First Data Services, LLC.
                          FEIN:       26-3243980

                          Account Executive
                          Nancie Estes Lively
                          11022 S Pewaukee St
                          Phoenix, AZ 85044
                          Phone: 480-961-5950
                          Fax:   240-525-4534
                          Email: nancie.lively@firstdata.com

Prices:                   As per original contract dated July 1, 2006 and any addenda thereafter issued.

Political Subdivisions:   Pricing is to the political subdivisions of the State of Kansas.

Administrative Fee:       No Administrative Fee will be assessed against purchases from this contract.

Conditions:

This renewal is made in accordance with the “Term of Contract” contained in the original contract dated
July 1, 2006 and any addenda issued thereafter. Approval of this renewal has been expressed by the
contractor and the Director of Purchases for the State of Kansas.

All terms, prices and conditions of the original contract as amended shall remain in effect.

Political Subdivisions: Political Subdivisions (City, County, School Districts and etc.) are permitted to
utilize contracts administered by the Division of Purchases. Conditions included in this contract shall be
the same for political subdivisions. The State has no responsibility for payments owed by political
subdivisions. The vendor must deal directly with the political subdivision.
                                                                                Contract Renewal 09087
                                                                                                Page 2

Quarterly Reports:      The vendor is required to submit quarterly, to the Division of Purchases, all
acquisitions made by the state from this contract. This report should include as a minimum the agency
name, quantity, description, and amount.

Contract Price: Statewide contracts are awarded by the Division of Purchases to take advantage of
volume discount pricing for goods and services that have a recurring demand from one or more agencies.
However, if a state agency locates a vendor that can provide the identical item at a lower price, a
waiver to "buy off state contract" may be granted by the Division of Purchases.
[Type text]




                                              ADDENDUM
February 3, 2009

Addendum Number:            4

Contract Number:            09087

Procurement Officer:        Connie Schuessler
Telephone:                  785-296-1171
E-Mail Address:             connie.schuessler@da.ks.gov

Item:                       Credit Card Acceptance Services

Agency:                     Statewide

Period of Contract:         July 1, 2008 through June 30, 2009
                            (With the option to renew for two (2) additional one (1) year periods)

Conditions of Addendum:

First Data Corporation has changed account representatives and is offering additional support
contact information as per the next three pages.

Contractor:                 First Data Corporation
FEIN: 75-2830829

National Support Team:

National Support Specialist
Robert Smith
Phone: (800) 447-1871 ext 4884
(945) 845 4884
Fax: 402-315-4835
E-mail: Robert.smith@firstdata.com

The Specialist will assist with the following inquires, including:
 Additional Locations
 Merchant Statement Changes
 Equipment Orders
 Reversals/Re-keying
 Banking Information
                                                                        Contract 09087 Addendum 4
                                                                                           Page 2

Account Executive
Tamara Trulson
14296 Rutgers St N
Prior Lake MN 55372
Phone: 954-375-5409
Fax: 952 400 5839
Email: tamara.trulson@firstdata.com

The AE is available to assist with the following inquires:
 Pricing
 Additional reporting & services
 Contractual issues
 Association information
 Alternatives to current processing methods

Client Response Center
Phone: (877) 765-8669

The Client Response Team is available 24 hours a day, 7 days a week. Our team can support your
inquiries, including:
 Transaction information
 Merchant account information
 Deposits
 Banking information
 Statements
 Fee inquiries
 General Services

Chargeback information
Phone: (888) 292-2608

Help Desk Phone Numbers

POS:
Phone: (800) 354-8893
The POS terminal help desk is available 24 hours a day,

Advanced Product Support
Phone: (800) 254-9556
VAR/POS and Resource Online

Orbital Help Desk
Phone: (866) 645-1314

Supply Order Desk
Phone: (800) 525-7095

Operations Help Desk
Phone: (800) 354-8879
File Processing/Data Files

Supervisor, Customer Support Team
Sherry Kohler
Phone: 800-326-7991 opt. 2, 1, ext 4476
Fax:   954-375-6701
Email: sherry.kohler@firstdata.com

Responsible for ensuring client satisfaction. The Supervisor of the team is an escalation point for
unresolved issues and service concerns.
                                                                       Contract 09087 Addendum 4
                                                                                          Page 3

Vice President of the Executive Team
Monica Kennedy
Phone: 713 681 3017
E-mail: Monica.Kennedy@firstdata.com

The Vice President of the Account Executive Team is the most senior escalation point for all
unresolved corporate issues and senior concerns. The assigned Account Executive is responsible for
involving their Vice President if the client’s issues or concerns are not appropriately addressed.
                                             ADDENDUM
November 24, 2008

Addendum Number:           3

Contract Number:           09087

Procurement Officer:       Connie Schuessler
Telephone:                 785-296-1171
E-Mail Address:            connie.schuessler@da.ks.gov

Item:                      Credit Card Acceptance Services

Agency:                    Statewide

Period of Contract:        July 1, 2008 through June 30, 2009
                           (With the option to renew for two (2) additional one (1) year periods)

Contractor:                FirstData Corporation           (effective November 1, 2008)
                           (formerly Chase Paymentech Solutions)
                           Heritage Building
                           5001 LBJ Freeway, Suite 600
                           Dallas TX 75244
                           Toll Free Telephone: 888-317-1835
                           Local Telephone:     214-257-2277
                           FEIN:                75-2830829
                           Contact Person:      Donnie Wells
                           E-Mail:              Donnie.Wells@firstdata.com

                           Regional Sales Manager
                           Michelle Geddes
                                    th       th
                           15 East 5 Street 4 Floor
                           Tulsa, OK 74103
                           Mobile Phone:        918-645-9049
                           Telephone:           918-586-5734
                           E-Mail:              Michelle.Geddie@firstdata.com

Conditions of Addendum:

Effective November 1, 2008, this contract was assigned from Chase Paymentech to FirstData
Corporation.

Details associated with this change can be found in the embedded announcement attached to this addendum.
                                      CONTRACT RENEWAL
Date of Renewal:          April 7, 2008

Contract Number:          09087

PR Number:                012786

Procurement Officer:      Donnita Thomas
Telephone:                785-296-3123
E-Mail Address:           donnita.thomas@da.ks.gov
Web Address:              http://da.ks.gov/purch

Item:                     Credit Card Acceptance Services

Agency:                   Statewide
Location(s):              Various

Period of Contract:       July 1, 2008 through June 30, 2009
                          (With the option to renew for two (2) additional one (1) year periods)

Contractor:               Chase Paymentech Solutions
                          14221 Dallas Parkway
                          Dallas, TX 75254-2942
                          Toll Free Telephone:  888-262-9343 Ext. 3564
                          Local Telephone:      214-849-3564
                          Fax:                  214-849-3507
                          FEIN:                 75-2830829
                          Contact Person:       Donnie Wells
                          E-Mail:               Donnie.wells@chasepaymentech.com

                          Regional Sales Manager
                          Michelle Geddes
                                   th       th
                          15 East 5 Street 4 Floor
                          Tulsa, OK 74103
                          Mobile Phone:         918-645-9049
                          Telephone:            918-586-5734
                          E-Mail:               Michelle.Geddie@ChasePaymentech.com

Prices:                   As per original contract dated July 1, 2006 and any addenda thereafter issued.


                                           09087 Award Pricing
                                            Sheet 050406.doc


Political Subdivisions:   Pricing is available to the political subdivisions of the State of Kansas.

Administrative Fee:       No Administrative Fee will be assessed against purchases from this contract.
                                                                                    Contract Number 09087
                                                                                                 Renewal
                                                                                                   Page 2

Conditions:

This renewal is made in accordance with the “Term of Contract” clause contained in the original
contract dated July 1, 2006 and any addenda issued thereafter. Approval of this renewal has been
expressed by the contractor and the Director of Purchases for the State of Kansas.

All terms, prices and conditions of the original contract as amended shall remain in effect.

Political Subdivisions: Political Subdivisions (City, County, School Districts and etc.) are permitted to
utilize contracts administered by the Division of Purchases. Conditions included in this contract shall be
the same for political subdivisions. The State has no responsibility for payments owed by political
subdivisions. The vendor must deal directly with the political subdivision.

Quarterly Reports:      The vendor is required to submit quarterly, to the Division of Purchases, all
acquisitions made by the state from this contract. This report should include as a minimum the agency
name, quantity, description, and amount.

Contract Price: Statewide contracts are awarded by the Division of Purchases to take advantage of
volume discount pricing for goods and services that have a recurring demand from one or more agencies.
However, if a state agency locates a vendor that can provide the identical item at a lower price, a
waiver to "buy off state contract" may be granted by the Division of Purchases.
                                         ADDENDUM
June 12, 200

Addendum Number:       2

Contract Number:       09087

PR Number:             012786

Procurement Officer:   Sherry A. Macke
Telephone:             785-296-3029
E-Mail Address:        Sherry.macke@da.ks.gov

Item:                  Credit Card Acceptance Services

Agency:                Statewide
Location(s):           Various

Period of Contract:    July 1, 2006 through June 30, 2008
                       (With the option to renew for three (3) additional one (1) year periods)

Contractor:            Chase Paymentech Solutions
                       14221 Dallas Parkway
                       Dallas, TX 75254-2942
                       Toll Free Telephone: 888-262-9343 Ext. 3564
                       Local Telephone:     214-849-3564
                       Fax:                 214-849-3507
                       FEIN:                75-2830829
                       Contact Person:      Donnie Wells
                       E-Mail:              Donnie.wells@chasepaymentech.com

                       Regional Sales Manager
                       Jada Charles
                                                              th
                       10330 Manor Road (formerly 9601 W 117 )
                       Leawood, KS 66206 (formerly Overland Park, KS 66210)
                       Telephone:       913-341-2975 (formerly 913-317-8674)
                       Mobile Phone:    913-710-8376
                       E-mail:          Jada.charles@chasepaymentech.com

Conditions:

Contact information for Jada Charles has been updated above.
                                           K A N S A S
                                                                                          KATHLEEN SEBELIUS, GOVERNOR
                                                                                          DUANE A. GOOSSEN, SECRETARY
CHRIS HOWE, DIRECTOR                              ______________________           CAROL L. FOREMAN, DEPUTY SECRETARY

                                           DEPARTMENT OF ADMINISTRATION
                                               DIVISION OF PURCHASES
                       LANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286
                                 Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch


                                                   ADDENDUM
September 12, 2006

Addendum Number:           1

Contract Number:           09087

PR Number:                 012786

Procurement Officer:       Sherry A. Macke
Telephone:                 785-296-3029
E-Mail Address:            Sherry.macke@da.state.ks.us

Item:                      Credit Card Acceptance Services

Agency:                    Statewide
Location(s):               Various

Period of Contract:       July 1, 2006 through June 30, 2008
                          (With the option to renew for three (3) additional one (1) year periods)

Contractor:               Chase Paymentech Solutions
                          14221 Dallas Parkway
                          Dallas, TX 75254-2942
                          Toll Free Telephone: 888-262-9343 Ext. 3564
                          Local Telephone:     214-849-3564
                          Fax:                 214-849-3507
                          FEIN:                       75-2830829
                          Contact Person:      Donnie Wells
                          E-Mail:                     Donnie.wells@chasepaymentech.com

                          Regional Sales Manager
                          Jada Charles
                                     th
                          9601 W 117
                          Overland Park, KS 66210
                          Telephone:       913-317-8674
                          Mobile Phone:    913-710-8376
                          Jada.charles@chasepaymentech.com

Conditions:

Jada Charles will replace Patty White as the State of Kansas Regional Sales Manager for this contract.
Contact information has been provided above. Donnie Wells will continue to be the primary contact for
Paymentech.
                                              K A N S A S
                                                                                             KATHLEEN SEBELIUS, GOVERNOR
                                                                                             DUANE A. GOOSSEN, SECRETARY
CHRIS HOWE, DIRECTOR                                 ______________________           CAROL L. FOREMAN, DEPUTY SECRETARY

                                              DEPARTMENT OF ADMINISTRATION
                                                  DIVISION OF PURCHASES
                          LANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286
                                    Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch


                                               CONTRACT AWARD
Date of Award:             July 1, 2006

Contract Number:           09087

PR Number:                 012786

Replaces Contract:         01227

Procurement Officer:       Sherry A. Macke
Telephone:                 785-296-3029
E-Mail Address:            sherry.macke@da.state.ks.us
Web Address:               http://da.state.ks.us/purch

Item:                      Credit Card Acceptance Services

Agency:                    Statewide
Location(s):               Various

Period of Contract:        July 1, 2006 through June 30, 2008
                           (With the option to renew for three (3) additional one (1) year periods)

Contractor:                Chase Paymentech Solutions
                           14221 Dallas Parkway
                           Dallas, TX 75254-2942
                           Toll Free Telephone:  888-262-9343 Ext. 3564
                           Local Telephone:      214-849-3564
                           Fax:                  214-849-3507
                           FEIN:                 75-2830829
                           Contact Person:       Donnie Wells
                           E-Mail:               Donnie.wells@chasepaymentech.com

Prices:                    Pricing available by double clicking on the following icon:


                                                       09087 Award Pricing
                                                        Sheet 050406.doc


Payment Terms:             Net 30

Political Subdivisions:    Pricing is available to the political subdivisions of the State of Kansas.

Administrative Fee:        No Administrative Fee will be assessed against purchases from this contract.
                                                                                                  Contract No. 09087
                                                                                                          Page No. 2

Credit Card Agreements:


                          Paymentech(VISA &       Discover       AMEX FORM.PDF
                          MC)agreement.doc      easiApp.doc
Conditions:

Political Subdivisions: Political Subdivisions (City, County, School Districts and etc.) are permitted to utilize
contracts administered by the Division of Purchases. Conditions included in this contract shall be the same for
political subdivisions. The State has no responsibility for payments owed by political subdivisions. The vendor
must deal directly with the political subdivision.

Quarterly Reports: The vendor is required to submit quarterly, to the Division of Purchases, all acquisitions
made by the state from this contract. This report should include as a minimum the agency name, quantity,
description and amount. Additional reporting shall include issue resolution at agency level as well as an agency
contact report.

Contract Price: Statewide contracts are awarded by the Division of Purchases to take advantage of volume
discount pricing for goods and services that have a recurring demand from one or more agencies. However, if
a state agency locates a vendor that can provide the identical item at a lower price, a waiver to "buy off state
contract" may be granted by the Division of Purchases.

Conditions of Contract: The following terms and conditions of award are incorporated by reference and
include: State of Kansas DA-45/146a; specifications and conditions of the proposal including any addenda;
vendor’s response including any addenda, appendices and exhibits.

Order of Preference: Any conflict to the provisions of this contract and the documents incorporated by
reference shall be determined by the following priority order:

a.   State of Kansas Contract Provisions Attachment DA-45/146a;
b.   Written modifications and addenda to the executed contract;
c.   This contract document.;
d.   The above referenced Request for Proposal (RFP) including any addenda;
e.   Contractors response including any addenda, appendices and exhibits.

Term of Contract: The term of this contract is for a two year period from July 1, 2006 through June 30, 2008
with three (3) additional one (1) year renewal(s) by written agreement of the parties.

Inspection: The State reserves the right to reject, on arrival at destination, any items which do not conform to
specification of this Contract.

Termination for Cause: The Director of Purchases may terminate this contract, or any part of this contract, for
cause under any one of the following circumstances:

        the Contractor fails to make delivery of goods or services as specified in this contract; or

        the Contractor fails to perform any of the provisions of this contract, or so fails to make progress as to
        endanger performance of this contract in accordance with its terms.

The Director of Purchases shall provide Contractor with written notice of the conditions endangering
performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice
(or such longer period as State may authorize in writing), the Director of Purchases shall issue the Contractor an
order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days
of the date of the notice.

Termination for Convenience: The Director of Purchases may terminate performance of work under this
contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that the
termination is in the best interest of the State of Kansas. In the event that the Director of Purchases elects to
terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least thirty (30)
days prior to the termination date. The termination shall be effective as of the date specified in the notice. The
Contractor shall continue to perform any part of the work that may have not been terminated by the notice.
                                                                                               Contract No. 09087
                                                                                                       Page No. 3

Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications
(collectively "notices") which may be required or desired to be given by either party to the other shall be IN
WRITING and addressed as follows:

Sherry A. Macke
Kansas Division of Purchases
900 SW Jackson St, Room 102N
Topeka, Kansas 66612-1286

or to any other persons or addresses as may be designated by notice from one party to the other.

Rights and Remedies: If this contract is terminated, the State, in addition to any other rights provided for in
this contract, may require the Contractor to transfer title and deliver to the State in the manner and to the extent
directed, any completed materials. The State shall be obligated only for those services and materials rendered
and accepted prior to the date of termination.

If it is determined, after notice of termination for cause, that Contractor's failure was due to causes beyond the
control of or negligence of the Contractor, the termination shall be a termination for convenience.

In the event of termination, the Contractor shall receive payment pro rated for that portion of the contract period
services were provided to and/or goods were accepted by State subject to any offset by State for actual
damages including loss of federal matching funds.

The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition to
any other rights and remedies provided by law.

Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises out of
causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires,
tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes, etc.

Waiver: Waiver of any breach of any provision in this contract shall not be a waiver of any prior or subsequent
breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by State
shall not constitute a waiver.

Ownership: All data, forms, procedures, software, manuals, system descriptions and work flows developed or
accumulated by the Contractor under this contract shall be owned by the using agency. The Contractor may not
release any materials without the written approval of the using agency.

Independent Contractor: Both parties, in the performance of this contract, shall be acting in their individual
capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees
or agents of one party shall not be construed to be the employees or agents of the other party for any purpose
whatsoever.

The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation and
social security as well as all income tax deductions and any other taxes or payroll deductions required by law for
its employees engaged in work authorized by this contract.

Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the performance of this
contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform
the work required. The Contractor shall include a similar provision in any contract with any Subcontractor
selected to perform work under this contract.

Failure of the Contractor to provide qualified staffing at the level required by the proposal specifications may
result in termination of this contract and/or damages.

Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any
extensions to it, any professional personnel who are also in the employ of the State and who are providing
services involving this contract or services similar in nature to the scope of this contract to the State.
Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to
it, any state employee who has participated in the making of this contract until at least two years after his/her
termination of employment with the State.
                                                                                                 Contract No. 09087
                                                                                                         Page No. 4

Confidentiality: The Contractor may have access to private or confidential data maintained by State to the
extent necessary to carry out its responsibilities under this contract. Contractor must comply with all the
requirements of the Kansas Open Records Act in providing services under this contract. Contractor shall accept
full responsibility for providing adequate supervision and training to its agents and employees to ensure
compliance with the Act. No private or confidential data collected, maintained or used in the course of
performance of this contract shall be disseminated by either party except as authorized by statute, either during
the period of the contract or thereafter. Contractor must agree to return any or all data furnished by the State
promptly at the request of State in whatever form it is maintained by contractor. On the termination of expiration
of this contract, contractor will not use any of such data or any material derived from the data for any purpose
and, where so instructed by State, will destroy or render it unreadable.

Reviews and Hearings: The Contractor agrees to advise the Director of Purchases of all complaints of
recipients made known to the Contractor and refer all appeals or fair hearing requests to the Director of
Purchases. The State has the discretion to require the Contractor to participate in any review, appeal, fair
hearing or litigation involving issues related to this contract.

Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local
laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any
violations of applicable laws, rules and regulations may result in termination of this contract.

Environmental Protection: The Contractor shall abide by all federal, state and local laws, rules and
regulations regarding the protection of the environment. The Contractor shall report any violations to the
applicable governmental agency. A violation of applicable laws, rule or regulations may result in termination of
this contract.

Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the extent
arising out of the Contractor’s negligence in the performance of services under this contract and for infringement
of any copyright or patent occurring in connection with or in any way incidental to or arising out of the
occupancy, use, service, operations or performance of work under this contract.

The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry which
provides for indemnification for any loss or damage to property in the Contractor's custody and control, where
such loss or destruction is to state property. The Contractor shall do nothing to prejudice the State's right to
recover against third parties for any loss, destruction or damage to State property.

Care of State Property: The Contractor shall be responsible for the proper care and custody of any
state-owned personal tangible property and real property furnished for Contractor's use in connection with the
performance of this contract, and Contractor will reimburse State for such property's loss or damage caused by
Contractor, normal wear and tear excepted.

Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the
Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any
promise for future reward or compensation to any State employee at any time.

Retention of Records: Unless the State specifies in writing a shorter period of time, the Contractor agrees to
preserve and make available all of its books, documents, papers, records and other evidence involving
transactions related to this contract for a period of five (5) years from the date of the expiration or termination of
this contract.

Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all
appeals, if the litigation exceeds five (5) years.

The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel
of the using agency; independent auditors acting on behalf of state and/or federal agencies shall have access to
and the right to examine records during the contract period and during the five (5) year post-contract period.
Delivery of and access to the records shall be at no cost to the state.

Federal, State and Local Taxes Contractor: The State makes no representation as to the exemption from
liability of any tax imposed by any governmental entity on the Contractor.
                                                                                               Contract No. 09087
                                                                                                       Page No. 5

Antitrust: If the Contractor elects not to proceed, the Contractor assigns to the State all rights to and interests
in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of
Kansas relating to the particular products or services purchased or acquired by the State pursuant to this
contract.

Modification: This contract shall be modified only by the written agreement of the parties with the approval of
the PNC. No alteration or variation of the terms and conditions of the contract shall be valid unless made in
writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be
effective.

Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties
under this contract without the prior written consent of the State.

This contract may terminate in the event of its assignment, conveyance, encumbrance or other transfer by the
Contractor without the prior written consent of the State.

Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third
party.

Captions: The captions or headings in this contract are for reference only and do not define, describe, extend,
or limit the scope or intent of this contract.

Severability: If any provision of this contract is determined by a court of competent jurisdiction to be invalid or
unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this
contract shall be enforced to the fullest extent permitted by law.

Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed
executed at Topeka, Shawnee County, Kansas.

Jurisdiction: The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas,
District Court of Shawnee County. The United States District Court for the State of Kansas sitting in Topeka,
Shawnee County, Kansas, shall be the venue for any federal action or proceeding arising hereunder in which
the State is a party.

Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA-146a) which is
attached are incorporated by reference and made a part of this contract.

Integration: This contract, in its final composite form, shall represent the entire agreement between the parties
and shall supersede all prior negotiations, representations or agreements, either written or oral, between the
parties relating to the subject matter hereof. This contract between the parties shall be independent of and have
no effect on any other contracts of either party.

Criminal Or Civil Offense Of An Individual Or Entity That Controls A Company Or Organization Or Will
Perform Work Under This Contract: Any conviction for a criminal or civil offense that indicates a lack of
business integrity or business honesty must be disclosed. This includes (1) conviction of a criminal offense as
an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance
of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal
antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state
contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a
company or organization if the individual or entity directly or indirectly, or acting in concert with one or more
individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or
policies. Failure to disclose an offense may result in disqualification of the bid or termination of the contract.

Injunctions: Should Kansas be prevented or enjoined from proceeding with the acquisition before or after
contract execution by reason of any litigation or other reason beyond the control of the State, vendor shall not
be entitled to make or assert claim for damage by reason of said delay.

Acceptance: No contract provision or use of items by the State shall constitute acceptance or relieve the
vendor of liability in respect to any expressed or implied warranties.
                                                                                              Contract No. 09087
                                                                                                      Page No. 6

Breach: Waiver of any breach of any contract term or condition shall not be deemed a waiver of any prior or
subsequent breach. No contract term or condition shall be held to be waived, modified, or deleted except by a
written instrument signed by the parties thereto.

If any contract term or condition or application thereof to any person(s) or circumstances is held invalid, such
invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid
term, condition or application to this end the contract terms and conditions are severable.

Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were included herein If
through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the
application of either party the contract shall be amended to make such insertion or correction.

Payment Terms: Unless specified otherwise, Payment Terms are Net 30 days. Payment date and receipt of
order date shall be based upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount
                                                th
due for goods or services on or before the 30 calendar day after the date the agency receives such goods or
services or the bill for the goods and services, whichever is later, unless other provisions for payment are
                                                                          th
agreed to in writing by the vendor and the state agency. NOTE: If the 30 calendar day noted above falls on a
Saturday, Sunday, or legal holiday, the following workday will become the required payment date.

The statute further defines the date goods or services are received as the date such goods or services are
completely delivered and finally accepted by the state agency. The date the payment is made by the state
agency is defined as the date on which the warrant or check for such payment is dated, i.e. warrant issue date.

Contract Price: Statewide contracts are awarded by the Division of Purchases to take advantage of volume
discount pricing for goods and services that have a recurring demand from one or more agencies. However, if a
state agency locates a vendor that can provide the identical item at a lower price, a waiver to "buy off state
contract" may be granted by the Division of Purchases.

Implied Requirements: All products and services not specifically mentioned in this contract, but which are
necessary to provide the functional capabilities described by the specifications, shall be included.

Industry Standards: If not otherwise provided, materials or work called for in this contract shall be furnished
and performed in accordance with best established practice and standards recognized by the contracted
industry and comply with all codes and regulations which shall apply.

Default on Delivery: Any vendor who defaults on delivery as defined in this contract may, be barred from
bidding on any subsequent Request for a period to be determined.

Indefinite Quantity Contract: This agreement is for an open-ended contract between a vendor and the State
to furnish an undetermined quantity of a good or service in a given period of time. An estimated quantity based
on past history or other means may be used as a guide.

Price Adjustments: On the yearly anniversary date of this contract, prices as bid may remain at the price bid
or may be based on a price adjustment, upward or downward, keyed to industry and changes. Contractor shall
furnish figures at least thirty (30) days prior to expiration date to substantiate any claim for increase. Price
increases shall not exceed five percent (5%) of the existing contract. If parties to the contract can not agree on
renewal terms, it is hereby understood that the contract will be re-bid.

Processing Functions / Networks:

The following agreements between the individual agencies and credit card companies will be required.

        Paymentech Multiple Entities Addendum will be required for all State Agencies as well as Discover &
        American Express Agreements if applicable.
                                                                                             Contract No. 09087
                                                                                                     Page No. 7

The following diagram reflects the highlights of the accepting and processing of credit card transactions
beginning with the point of sale to the deposit of funds.




Authorization And Capture Network will be used for routing credit card transactions.

The funds transmitted through the network will be guaranteed.

In the even of network failure, the Relationship Manager will contact the State of Kansas.

Minimal or no-activity on an agency account will be flagged low usage (seasonal) agencies and will not be
closed due to no activity. There will be no additional charge for this service.

Contractor will accept web based credit card payments. Agency should contact the Relationship Manager for
set-up details.

Acceptable Transactions:

Contractor accepts the following credit cards:

        VISA, Master Card, Discover, American Express, Diners Club, Gift Cards and Check Services.

The State will be advised, in writing, of any changes in the acceptance policy.

There is no limit that can be paid with a credit card.

All batches should be settled same day or there may be higher Interchange cost.
                                                                                           Contract No. 09087
                                                                                                   Page No. 8

Procedures for assessing a convenience fee are as follows:

        A convenience fee is charged to all payment methods. The payment method must provide a
        convenience, is in a non-face-to-face environment, and is outside the merchant's normal payment
        channel. For example: a convenience fee is typically charged to customers who pay over the phone, but
        not to customers who go into the store or office. The convenience fee does not relate to the form of
        payment (i.e. credit card) but rather how the payment is occurring.

        According to Visa, the convenience fee must be a fixed amount regardless of the amount paid; it cannot
        be a percentage of the amount paid or based on a sliding scale of the amount paid. This differs from
        MasterCard, which does permit percentage based and tiered rate convenience fees.

The following method must be used for establishing the amount of a convenience fee:
               Fixed amount of all transactions

Training:

The following training formats are available at no additional charge:
         On-site, phone, manuals and video conferencing.

Merchant Services:
Merchant Services are available 24/7.

Toll-free number provided is 877-765-8669.

Settlement Procedures:

Final step of a credit card transaction occurs when the authorization is processed as a sale and the batch is
closed or settled.

Approximate settlement time for Visa, MasterCard, Discover, and American Express is 48 hours

Paymentech Network accepts transmissions 24 hours a day. There are no preset transmission times. The final
cutoff for receipt of the batch settlement file from each terminal is 5:00 a.m. Eastern Standard Time on a
calendar day basis.

Each location must settle (close out the terminal) within 24 hours of an authorization to guarantee the lowest
discount rate. Paymentech will ensure that each location has appropriate closing instructions so as to minimize
the risk of downgraded transactions.

Settlement will appear on the bank statement as follows:

Each merchant number is tied to a specific bank account (which you specify), and each day’s settlement
transfer will be reflected separately as a deposit to that bank account. If you choose to set up multiple
merchant numbers to the same bank account, a lump sum transfer would be processed to the specified
bank account. Saturday and Sunday activity are combined with Monday activity.

Settlement made only by ACH at this time.

Weekend transactions settled Saturday and Sunday or at time batch is settled.

Disputed Transactions:

Various steps involved with a disputed transaction:

As a merchant, you will do all you can to ensure your customers are satisfied with your service and that sale
transactions are submitted accurately. However, there are instances when a dispute or chargeback occurs.
Contractor will take an active role in working with the agencies to minimize the number of chargebacks
received. .
                                                                                                 Contract No. 09087
                                                                                                         Page No. 9

MasterCard and Visa regulations define the rules for chargebacks and representments including the time period
to initiate, the reasons and the frequency. In the event that a dispute or chargeback cannot be resolved through
normal chargeback processing channels, pre-arbitration and arbitration, then good faith collection efforts can be
made on your behalf. Should there be a violation of a MasterCard/Visa rule or regulation that does not have an
established chargeback reason code, the compliance chargeback process is also available.

Included in each chargeback package is a merchant recourse form, which outlines the nature of the chargeback
and the information required to reverse it. Our chargeback staff continues to work with you until the dispute is
resolved under the Card Association rules.

Notice or advice is provided for chargeback items immediately upon notification of Chargeback by card issuing
bank.

Individual sales records are retained by the respective credit card companies for 9 months. There are no
additional costs to provide this.

Maximum time limit for research requests by the State is 48 hours.

Terminal Support Services:

The terminal specifications for each merchant location will be based on the recommendation provided by the
Contractor as part of the initial agency review process. Each bidder should provide their recommendations for
the type of terminals that would best meet the State’s needs.

State agencies using Point of Sale (POS) terminals will require a complete turnkey installation, together with
training and support services. The terminals must have a demonstrated level of reliability, provide all required
functions, be easy to learn, and simple to use.

In the event of a terminal failure all terminals have a replacement policy. If a terminal fails, it can be replaced at
no cost or a replacement fee depending on time of use. Replacement terminals take about 2-3 days to replace.
There is an overnight fee.

Terminals can be programmed to select a user ID number up to 6 characters.

There will not be any change in the level of support if terminals and other devices are presently owned or
purchased from another vendor.

Costs related to terminal use and support: The longer the terminal is used, the more it depreciates. Support is
for the lifetime of the terminal or it become obsolete. Maintenance is using general care. The only maintenance
cost is for the paper or ribbons.

Reporting:

The State requires the ability to obtain electronically the daily credit card sales transaction activity together with
monthly summary reports for each merchant location. Additionally, the State may require reports for each Fund
type within our accounting system.

Electronic Reports:

Web browser software is required to obtain reports?

Basic Windows application is needed to support the report software?

Reports are available 48 hours after the transaction date for a period of 24/7.

Other Reports:

Ad Hoc reports can be provided electronically in addition to the following:

        Month end report reflecting all fees and charges by merchant location
        Consolidated reports for all merchant locations
        By merchant location, the number of swiped and nonswiped transactions.

								
To top