Agmt25 Hinderliter, De Llamas & Associates

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REV: 02-27-25 MI shall promptly respond to each report problem based on its severity, the impact on City’s operations and the effect on the service. Consultant shall either resolve the problem or provide City with the information needed to enable the City to resolve it. 3.1.3.Transaction Errors - Consultant’s sole responsibility for any Transaction error or reversed Transaction is to determine whether the result indicates a problem with Consultant’s service and, if necessary, reprocess and resubmit the Transaction without additional charge. In the event that a Transaction is reversed or refunded to any Customer of City, for any reason, Consultant may offset such amount against funds remitted to City, or invoice City for such amount, at Consultant’s discretion. City shall pay any such invoice within 30 days of receipt. 3.1.4.Electronic Check Authorization - If City elects to accept electronic Checks as a form of payment, the following subsections apply. For the purpose of this section, “checks” means checks drawn on accounts held in the U.S. (“Check(s)”). 3.1.4.1.As part of the implementation plan, City shall select risk management controls governing Check acceptance and assumes sole responsibility for the choice of controls. 3.1.4.2.Consultant shall provide confirmation on a submitted ABA number as part of the Service to assist City with the decision whether to accept a Check and shall route accepted Checks. 3.1.4.3.City hereby authorizes Consultant to debit the City’s financial institution account in the amount of any returned item that is received by Consultant. 3.1.5.City Responsibilities 3.1.5.1.As a condition to its receipt of Consultant’s Standard Payment Processing Solution, City shall execute and deliver a payments services/merchant application with Consultant’s Standard Payment Processing Solution vendor to establish City’s merchant account for payments processing, and any and all applications, agreements, certifications or other documents required by Networks or other third parties whose consent or approval is necessary for the processing of Transactions. This includes “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover. 3.1.5.2.City represents, warrants, and agrees that it does and will comply with applicable Laws and regulations and Network rules, regulations or operating guidelines. City shall notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against City by any governmental organization having jurisdiction over City or a Customer related to the Service. City shall also notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against City relating to Transactions or the Services or a fine or other penalty is assessed or threatened relating to Transactions or the Services. 3.1.5.3.City represents, warrants and agrees that it is and will continue to be in full compliance with all applicable requirements of the City Information Security Program of VISA, the Site Data Protection Program of MasterCard, and similar programs of other Networks, and any modifications to such programs that may occur from time to time. Upon the ATTY/AGR.2025.034/HDL Software LLC (Business License Software and Services) (Page 14 of 25)