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04/08/1998 SAS EBT RETAILER SETTLEMENT AUTHORIZATION FORM FCS Authorization #: 7637608 MONROE COUNTY BOARD OF COMMISSIONERS / NUTRITION PROGRAM (FuU l.qU 8_ N_, authorizes Citib:mk. :-l.A. or its designee. md the other fin~n~::LI institution listed below ta transfer funds and make correcting debit adjustments. when nccdcd.. to the indic:1tcd business account far activity related ta the Southern Alliance of States Elecuonic Benefits Transfer Program subject to the terms of the Rel:1i.ler Agre:mer:t. Check One: Ixx I Finl Sllhmissicn D Chan!e in Bmitiag Jnf'crmaUcn Financial Institution Information: A) to.-T/ON( giN K- N_DIY_ilIM A 3;100 rLAt:.Lf..rL v6 "". Addr-. -.KEY Ii.J€~7 FL 330<<16 QitytlilaWl.q! Business Information: MONROE COUNTY NUTRITION PROGRAM Wall{cIaIn,D-___ara____lIIIIIe_1 5100 COLLEGE ROAD - WING III - P.S.B. ~ KEY WEST, FLORIDA 33040 CityrlilaWL&;! (305) 292-4523 T"'IIOM I'<UIIl_ lIeadquanen Account: D 1111 checking or savings informatioD. beio".': -"-=tIIWlIIIlIaEBT ~ ___ nme ZoDe: Eamm D Moumam D D reeking Accr1l ()() "?(,o tf-{, 9 769. OR: Setdement Cut-off' time: raVing, Acct 11 AND: ~ IMPORTANT: A TrACB A VOIDED CHECK I For Official Use anJy RETAILER AGREEMENT ELECTRONIC BENEFITS TRANSFER PROGRAM (EBT ONLY) This Agreement made this cgtl.- day of G ~ CONTRACTOR cmCORP SERVICES INC. 8430 West Bryn Mawr Avenue Chicago, Illinois 60631 '. , 199 8' by and between RETAILER MONROE COUNTY BOARD OF COMMISSIONERS (Registered Business Name) SOCIAL SERVICES - NUTRITION PROGRAM (Store Name) 5100 COLLEGE ROAD - WING ill P.S.B. (Street Address) KEY WEST, FLORIDA 33040 (City, State, Zip Code) 59-6000749 (Federal Employer Identification Number, Or, if individual, Social Security Number) 7637608 (FCS Authorization Number) PRIMARY METHOD OF FS ISSUANCE Retailer will support: Electronic Issuance D Manual Issuance ~ (check one box only) (if Electronic Issuance Box checked, Electronic Issuance Rider must be attached) 1. Engagement of Retailer. a. In accordance with an Agreement (the "Issuer Agreement') between C1tibank, F.S.B. ("CItibank") and the State of Florida ("'State") in CD'lnection with the Southern Alliance of States EST project (the "'Projecr) and a Third Party Services Provider Agreement between C1tibank and Contractor, Contractor manages the issuance of United States Department of AgriOJlture Food and Consumer Service ("FCS") food stamp benefits ('"Benefits") to benefit recipients in the State and the Project area and benefit recipients of other states not within the Project area ("'Recipients-). b. Contractor hereby engages Retailer. at each 01 the retail locations identified in Appendix A. attached hereto and made a part hereof, for the purpose of issuing Benefits to Recipients during Retailer's normal business hours. c. Retailer will not designate special checkout lanes resbicted to use by Recipients. d. Retailer agrees to give Contractor prompt notice of any planned cessation of services. or inability to comply with the tenns of this Agreement. 2. Iuuance of Benefits. , a. Subject to the provisions of this Agreement, Retailer agrees to I~ue Benefits to R~pients. Retailer will provide each Redpient a ~IPt ~ each B~efit I,ssuance transaction undertaken by the Recipient WIth Retailer. Retailer WIll be solely responsible for Retailer's issuance of SAS-EBT-ONL Y 2/11/97 Benefits other than in accordance with authorizations timely received from Contractor. b. If Retailer has elected (as indicated on the firsI page of this Agreement) to support the electronic issuance of Benefits, Retailer will issue Benefits to Recipients, in accordance with the procedures set forth in the Manual (as hereinafter defined), in the amount authorized through Contractor-supplied point~-sale ("POS") terminal, with personal identification number ("PIN") pad and printer (the "Equipment"), upon presentation by Recipient of the State- Benefit Security card ("EST Card-) and Recipient entry of a valid PIN. Retailer agrees that in the event of the failure of the Equipment to print benefit issuance information as approved and validated as a legitimate transacllon, Retailer will contad Contractor to receive authorization for issuance of Benefits. and that Contractor will accept this authorization for issuance in lieu of a printed receipt In such event, Retailer agrees to issue a standard Retailer receipt to the Recipient c. If Retailer has elected (as indicated on the first page of this Agreement) to support the manual issuance of Benefits only, or, if Retailer has elected to support the electronic issuance of Benefits and during the period of time when normal benefit issuance is not possible, as desaibed in the Manual, Retailer wiD manually issue Benefits to Redpients, in accordance with the poIides set forth in the Manual and in the amount authorized by Contractor, at no cost to the Recipients upon presentation by Redpient of hislher EBT card. The following limitations will apply to manual issuance of FS Benefits by Retailer: i. An authorization number for the amount of the PUrchase must be received from Contractor via telephone by Retailer Within twenty-four hours of the transaction. ii. Specified Recipient, derk and sales information. induding the telephone authorization number. must be entered properly and legibly on the manual sales draft. iii. If Retailer cannot submit the manual sales draft electronically. it must be submitted to Contractor for precessing Within fifteen (15) calendar days foIlowjng the date of authorization. Iv. In the event that Contractor. due to Contractor host failure. is unable to determine Benefits available to Recipients at the time Retailer requests authorization. the maximum authorized manual transaction and benefit enamtbrance Will be $40.00. v. Except as specific:aJly provided in the Manual. Retailer Will not be reimbursed and wiD be solely responsible for an manual transactions when Retailer fails to obtain an authorization number from EST Service Provider within twenty..four hours of the ~nsaction and prior to the submission of the manual sales draft. vi. Contractor Will be liable only for those manual transactions performed in accordance With the Manual. If Retailer has not I'8C8ived an authorization number In ac:ccrdance With paragraph 2 c.1. above. Retailer may not "l'8-Submit" a manual sales draft for payment If insufllcient funds exist at the time that the manual sales draft Is presented for processing and payment d. Retailer agrees to make available such informational materials. as Provided by EBT Service Provider. as may be required by the State and by any applicable regulations pertaining to the issuance of Benefits. e. Contractor will reimburse Retailer for the cost of PaS supplies as are reasonably necessary for the Retailer to issue Benefits hereunder. f. Retailer agrees to comply with all applicable laws. rules and regulations in the performance of Its obligations Under this Agreement, Induding Without limitation, laws pertaining to delivery of services to benefit Recipients and benefit Recipient confidentiality. and the federal Civil Rights Act of 1964 Rehabilitation Act of 1973. Americans with DIsabilities Ad of 1990. Clean Air Ad. Clean Water Act, Energy Policy and Conservation Act, Immigration Refonn and Control Act of 1986. and regulations issUed by the Department of Agria.Jlture pertaining to the Food Stamp Program. g. Retailer agrees to comply With the Quest Operating Rules (the "Rules-). as amended from time to time, issued by the National Automated Clearing House Association. as approved by the FInancial Management Service of the U.S. Treasury Depar1ment, as necessary. and such other laws. rules and regulations as may be appticable to the issuance of Benefits by Retailer hereunder. Unless otherwise defined herein. aU capitalized terms shaH have the meanings asaibecJ them In the Rules. Retailer agrees to comply with the Procedures sPecifted in the EBT Merchant POS Procedures Manual (the "Manual; provided to Retailer by Contractor. as amended from ti~me. Retailer agrees to comply With all additional Procedures specified by the State. or Contractor at the direction of the State. regarding lost EBT Cards, forgotten PIN's, discrepancies in benefits authorized and similar matters by providing Recipients With Information such as telephone numbers and addresses of the State. Contractor or other appropriate agencies. . h. Retailer will not accept an EBT Card for any purpose other than the issuance of Benefits. induding without limitation as S8a1rity for repayment of any Recipient obligation to Retailer. In the event of any violation of this Provision. Retailer Will be obligated to reimburse Contractor on behalf of the State for any Benefits unlawfully received by either Recipient or Retailer. to the extent permitted by law. 3. Processing of EST Transaction. a. Contractor will prompUy process for authorization all ESt transactions communicated to it in ac:cordance With this Agreement Contractor Will provide an authorization number upon telephone request in the event of Contractor host failure or Retailer system failure. Contractor shall not be responsible for the failure of telecommunications between Retailer and Contractor. b. Contractor will comply With all procedures set forth in the Manual for processing EST transactions and will comply with an applicable laws, regulations. and rules. induding Without limitation, the Quest Rules, goveming its activity as the State's service provider for the issuance of Benefits. c. Contrador will maintain all records required to be maintained by the State and as necessary to verify the acaJracy, timeliness. completeness or reliability of the processing of the EBT transactions communicated to Contractor by Retailer and all fees. charges, or adjustments. as permitted hereunder, made to Retailer's al:a)unt, for a period not less than that required of Retailer hereunder. 4. Issuance Records. a. Contrador agrees to fumish instructions to Retailer conceming EBT -related records. as may be reasonably requested or required by the State or by Contrador. to be made and kept, and Retailer agrees to separately maintain such EBT -related records and to promPUy make such records available for audit upon request to representatives of Contractcr. the State. or other authorized State or Federal govemment agency during normal business hours. Such records shall be of a type kept by a retailer in the normal course of its business. Retailer shall be required to maintain manual sales drafts for a period not less than that set forth in paragraph 3 c. b. To assure compliance with this Agreement, Contractcr, the State. or other authorized State or Federal govemmental agency. will at aJltimes. upon advance notice except in the case of suspected fraud or other similar activity, have the right to enter, during normal business hours. Retailer's premises to inspect or evaluate any work performed under this Agreement, or to obtain any other information required to be provided by Retailer or otherwise related to this Agreement . c. Retailer agrees to maintain and preserve such records during the course of this Agreement and for a period of three (3) years following Benefit issuance, or for such additional period as applicable regulations may require. Records involving matters in litigation will be kept for a period of not less than three (3) years following the termination of the litigation. Copies of any documents in media other than paper (e.g. miaofilm. ete.) related to this Agreement may be substituted for the originals EBT Service Provider to the extent permitted under applicable law and provided that legible paper copies can be reproduced within a reasonable time following written notice to Retailer. 5. Training. Contractor agrees to fumish necessary and reasonable training in policies and Procedures. Retailer agrees to cooperate ancJ to permit its employees to receive such training at such times as is reasonably mutually convenient to the parties. 6. Reimbursement of Retailer for Issuances. a. Settlement for Retailer Benefits disbursements in the form of credit for food pUrchases for Benefits issuances to Recipients pursuant to this Agreement, and settlement for other transactions as permitted in al:a)rdance With the Rules will be made by credit or debit of funds to Retailer's account. Retailer shall authorize such transfers to or from said al:a)unt as may be required to corred any erroneous or unauthorized transfers or issuances. Contractor Will prompUy notify Retailer of any such corrective transfers. This authorization will remain in effed until Withdrawn by Retailer upon written notice to Contractor and Contractor and its financial service provider Will have had a reasonable time to ad upon such written notice. With submission of this signed Agreement to 2 Cor':li:dor, Retailer agrees to deliver to Contractor a Retailer Setllement Authorization Fonn and voided check for the Retailer account b. Contractor shall arrange that the appropriate credit or debit to Retailer's Receiving Depository Financial Institution ('RDFIj for Retailer's aa:ount will be made by Contractor's finandal service provider the next business day, but no later than two (2) business days, following receipt by Contractor of Retailer's end-of.day PaS setllement information. Setllement infonnation received after Contractor's processing deadline will be processed far credit or debit the following business day (credit or debit to be made no later than two (2) business days after processing). Such credit or debit will be made by Automated Clearing House credit or debit to Retailer's ReFI for Retailer's account c. Contractor will process for reimbursement submitted manual sales drafts within two (2) business days of receipt from Retailer. Manual sales drafts which are incomplete or otherwise improperly prepared and submitted will be retumed to Retailer within four (4) days of submission for cxmpletion or correction and resubmission. Contractor will use reasonable means to obtain missing or incomplete information prior to retum to Retailer. If Retailer submits manual sales drafts eledronicaUy, such electronic submissions will be processed in accordance with procedures for electronic transactions. d. In the event that the credit received by Retailer far issuances is less than Retailer believes is otherwise due, Retailer will prompUy notify Contractor of the disaepancy and Contractor and Retailer will compare records to detennine the source of such discrepancy. Contractor and Retailer will negotiate in good faith to resolve any disaepandes, in accordance with the Rules. 7. Required Ueens... Retailer represents and warrants to Contractor that Retailer is a FCS authorized retailer and is not cunenUy disqualified or withdrawn from redeeming food stamp coupons or otherwise disqualified or withdrawn by FCS. Retailer agrees to secure and maintain at its ovvn expense all necessary licenses, permits, franchises, or other authorities required to lawfully effect the issuance and distribution of Benefits under this Agreement, induding without limitation, any applicable franchise tax certificate and non-govemmental contractor's certificate, and covenants that Retailer will not issue Benefits at any time during which Retailer is not in compliance with the requirements of any applicable law. 8. Umitatlon of Uablllty; Indemnities. a. IN NO EVENT WILL EITHER PARTY BE UABLETO THE OTHER FOR LOSS OF GOOD WILL, OR FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT OR IN CONTRACT. b. Retailer agrees to conduct the issuance of Benefits with due care and diligence and to indemnify Contractor, Cltibank, and the State for any loss, liability, damage, fee or expense, induding reasonable attomeys' fees, (collectively, "t.oss") incurred by any of those entities based upon or arising out of all breaches by Retailer of any of the representations, warranties, covenants or agreements contained in this Agreement or any daims by any other person or entity, if and to the extent a court of competent jurisdiction will determine such Loss to such other person or entity resulted from the negligent acts or omissions, willful misconduct or aiminal acts or omissions of Retailer, its directors, officers, employees or agents. c. Contractor agrees to conduct the" authorization and denial of Benefits transactions with due care and cqligence and to indemnify Retailer for any LOss incurred by Retailer based upon or arising out of all breaches by Contractor of any of the representations, warranties. covenants or a;nMMents on its partdontarned in this Agreement or any other claim of any other person or entity, if and to the extent that a court of competent jurisdiction shall determine such Loss resulted from the negligent acts or omissions, willful misconduct or aiminal acts of Contractor, its directors, officers, employees or agents. 9. Tenn and Tenninatlon. a. This Agreement will be effective from the date hereof and will continue in effect for a period of one year after that date. and thereafter for consecutive one-year periods, unless terminated at the end of any such period pursuant to a notice given by either party to the other party at least ninety (90) days prior to the end of that period. or at such other lime as may be mutually agreed upon, or unless otherwise terminated in accordance with this Section 9. b. If the Retailer is disqualified or withdrawn from the FS Program, Retailer's engagement to issue FS Benefits will be termInated contemporaneous therewith. Such disqualification or withdrawal will be deemed a breach of this Agreement with respect to Retailer's engagement to issue Cash Benefits. c. Retailer may, in its sole disaetion. suspend or terminate this Agreement, effective upon delivery of a notice of suspenSion or termination specifying the reasons for such suspension or termination, for any breach by Contractor of the provisions of this Agreement d. Retailer acknowledges that the State has the right to terminate the Issuer Agreement at will. In addition, this Agreement may be suspended or terminated effective at the time of delivery by an authorized representative of the State to Retailer of a notice of suspension or termination. e. All payments, accounts, documents. reports, or other matters remaining due at the suspension or termination of this Agreement will be completed and delivered as though this Agreement were still in effect. and the obligations of Retailer under Sections 4(aHc), 6, 8, 9. 11, 13 and 14 of this Agreement will survive any suspension or termination. f. Suspension or termination of this Agreement shall only be effective for Retailer's issuance of Benefits for the State or States as set forth in the notice of suspension or termination delivered to Retailer. unless this Agreement is terminated in whole, this Agreement shall remain in full force and effect for that portion of this Agreement not covered by such notice. 10. Force Majeure. Neither party will be responsible for errors. delays or nonperformance due to events beyond their reasonable control, induding, but not limited to. acts of God; intemJption, t1uctuation or unavailability of power or communications; changes in law or regulation or other acts, orders or omissions of govemmental authority or compliance herewith; acts of sabotage; strikes; weather conditions; fires: or explosions. 11. Confidentiality. a. Retailer, Its directors. officers. employees, and agents will treat all information. with particular emphasis on information relating to Redpients and applicants, which is obtained by it through its performance under this Agreement. as confidential information to the extent required by the laws of the Slate wherein Retailer issues Benefits pursuant hereto and of the United States and any regulations promulgated thereunder. I. Individually identifiable information relating to any Redpient or applicant will be held confidential and will not be disdosed by Retailer, its directors, officers. employees or agents, without the prior written approval of the Slate. il. The use of Information obtained by Retailer in the performance of its duties under this Agreement will be limited to purposes directly connected with such duties. ill. Retailer will promptly advise Contractor of all requests made to Retailer for information desaibed in paragraph <a) above. iv. Retailer wil~ be responSible for assuring that any agreement between Retailer and any of its directors, officers, employees or agents contains a'provision which strictly conforms to the provisions of this Section 11, 3 b. Contractor, ils directors, officers, employees, and agents shall treat all information, with partia,lIar emphasis on information relating to Retailer's non-EBT business, Recipients and appficants, which is obtained by it through ils performance unoer this Agreement. as confidential information to the extent required by the laws of the State of wherein Retailer issues Benefits pursuant hereto and of the United States and any regulations promulgated thereunder. The use of information obtained by Contractor in the performance of its duties under this Agreement shall be limited to purposes directly connected with such duties. c. If Retailer issues Benefits in more than one State pursuant to this Agreement. the law of the State in which the Benefits were issued will apply to information arising out of that transaction. In all other instances, the laws of the State where Retailer's principal corporate offices are located will apply. 12. Notices. Except where this Agreement or the Manual Specifically P/'OVides for telephonic notice, any notice required or permitted under this Agreement will be in writing and will be deemed to have been property given or made when personally delivered or when deposited in the United States mail, POStage prepaid, certified mail, retum receipt requested, or when 'sent via recognized ovemight COUrier addressed to a party at the address set forth at the beginning of this Agreement or at such other address as may have theretofore been specified by written notice delivered in aCCOrdance herewith. Telephonic notice will be given by Retailer to Contractor where pennitted by this Agreement by calling the telephone number in the Manual or such other telephone number or numbers as will hereafter be provided by Contractor to Retailer by written notice Provided in aCCOrdance with this Section 12. 13. EST Service Martes. Retailer will adequately display the State's service marks or other Government Entity licensed marks, induding the Quest mark, and other materials supplied by the Contractor In aCCOrdance with the standards set by the State. Retailer will use the service marks only to indicate that Benefits are issued at Retailer's Iocation(s) and will not Indicate that the State or Contractor endorse Retailer's goods or services. Retailer's right to use such service marks pursuant to this Agreement will continue only so long as this Agreement remains in effect or until Retailer is notified by the State or Contractor to cease their use or display. 14. Miscellaneous. a. Sole Agreement; Modification or Amendment This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof and may be modified only by a written instrument signed by the parties hereto. If any tenns or conditions of this Agreement are found to conflict with Federal or State law, regulation or policy, or the Rules, this Agreement will be subject to amendment by Contractor upon ninety (90) days notice to Retailer. b. Assignment Retailer agrees not to convey, assign, delegate, subcontract. novate, or otherwise transfer in any manner whatsoever any of Retailer's rights or obligations under this Agreement without prior written approval of Contractor. c. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such Provisions will be inoperative but all other provisions of this Agreement will remain in full force and effect. d. No Third Party Beneficiaries. This Agreement does rJot aeate. and will not be construed as aeating, any rights enforceable by any person not a party 10 this Agreement. except that the State and its Issuer, as defined in the Rules. will be deemed third party benefidaries of the representations, warranties, covenants and agreements of Retailer hereunder. e. State Action. Nothing in this Agreement shall predude the State Wherein Retailer issues Benefits pursuant hereto from commendng appropriate administrative or legal action againsl the Retailer or for making any referral for such action to any appropriate Federa!, State or local agency. f. References 10 State. Any references to State in in;s Agreement shall mean State in which Retailer issuances Benefits pursuant hereto. If Retailer issues Benefits in more than one Stale pursuant hereto, then the reference shall mean each such Stale severally, and not jointly. g. Interpretation and Goveming Law. This Agreement Will be govemed by and construed in aCCOrdance with the laws of the State of Florida, withOUI giving effect to conflict of laws. The obligations of the parties under this Agreement shall be interpreted in aCCOrdance with the following, in the order of precedence listed: Federal polides and stale policies as they may be set forth in laws, regulations or rules. the Quest Operating Rules and this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Retailer Agreement - Electronic Benefits Transfer Program to be executed by the persons thereunto duly authorized as of the dates written below. RETAilER: MONROE COUNTY BOARD OF COMMISSIONERS SOCIAL SERVICES - NUTRITION PROGRAM egistered Business Name) By: ~~ Pri Name: ~c-k Lo hclCv\ ~(") y- \ ~9K TiUe: Date: CONTRACTOR: cmCORP SERVICES INC. By: Printed Name: (Authorized Signature) TiUe: Date: i /....S ,',{~f.' ,; I ;17" "-4 "-._., II ...- .,' "'~ '~i,~ ~-,,> (SEAL) ATTEST: DANfl:Y L KOlHAGE a.ERJ( IV 4 Retail Locations TRUMAN MEALSITE 1016 GEORGIA STREET KEY WEST, FLORIDA 33040 (305) 295-5166 '. DOUGLASS MEALSITE 830 EMMA STREET KEY WEST, FLORIDA 33040 (305) 294-0708 APPENDIX A Benefit Issuance Days MON. - FRIo MON. - FRIo BIG PINE MEALSITE MON. - FRI. KEY DEER BOULEVARD BIG PINE KEY, FLORIDA 33043 (305) 872-3617 MARATHON MEALSITE US1, 33RD STREET GULF MARATHON, FLORIDA 33050 (305) 743-3346 MON. - FRIo PLANTATION MEALSITE MON. - FRI. 88800 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 (305) 852-7133 Benefit Issuance Hours 9:00 A.M. - 2:00 P.M. 9:00 A.M. - 2:00 P.M. 9:00 A.M. - 2:00 P.M. 9:00 A.M. - 2:00 P.M. 9:00 A.M. - 2:00 P.M. APPENDIX B POS TERMINAL DEPLOYMENT GUIDELINES (as set forth in 7 C.F.R. S274.12(g)(4)(ii) If Retailer's total food sales monthly are: (i) 15 percent or more food stamp redemptions, Retailer (or Contractor) will equip all lanes with pes terminals. (ii) less than 15 percent food stamp redemptions, '. then (a) Retailers which are supermarkets will permit installation by Contractor of one pes terminal for every $11,000 of monthly redemption activity, or (b) Retailers which are non-supermarket retailers will permit installation by Contractor of one pes terminal for every $8,000 of monthly redemption activity. If monthly redemption activity exceeds $30,000 per month, Retailer may request one (1) pes terminal to be located at the Retailer office, customer service or other location for the purpose of conducting Benefit account balance inquiries. If Retailer's total monthly food stamp redemption activity is less than $100, Retailer will not receive a pes terminal, except at its own expense, and Retailer will be permitted to issue Benefits only through use of manual sales drafts as set forth in paragraph 2 (c) of the Agreement. \