04/08/1998
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SAS EBT
RETAILER SETTLEMENT
AUTHORIZATION FORM
FCS Authorization #: 9681981
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Monroe County Board of County Commissioners/Bayshore Manor
(FIIU 1..cpI BUID.. N_,
authonzes Citib::mk.. ~,A.. or its desIgnee. ;u1d 1:1C other finanCIal instituuon listed below to transfer funds and
make correcting debit adjusunents. when needed.. to the Indic:ned business account for acuylty related to the
Southern Alliance of States ElecUOIl1C Benefits Tr:tnSier Progmm subject to the terms of the Rct.:li.ler Agre:mer.t.
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Business Information:
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5200 CollelZe Rd.
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Key West. FL 33040
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For Official Use Only
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ATTES'f. DANNYL KOLHAGE CLERK
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RETAILER AGREEMENT
ELECTRONIC BENEFITS TRANSFER PROGRAM
(EBT ONLY)
This Agreement made this ~day of ~ ~~ ~
CONTRACTOR
CITICORP SERVICES INC.
8430 West Bryn Mawr Avenue
Chicago, Illinois 60631
. 199.3E'by and between
RETAILER
Monroe County ~oard 0{ County (:ornm; ssioners
(Registered Business Name)
BRyshorp MRnor
(Store Name)
5200 CoIl pge Rd.
(Street Address)
Key West, FL 33040
(City, State, Zip Code)
596000749
(Federal Employer Identification Number,
Or, if individual, Social Security Number)
9681981
(FCS Authorization Number)
PRIMARY METHOD OF FS ISSUANCE
Retailer will support:
Electronic Issuance 0
Manual Issuance
o
(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 Agreemenr)
between Citibank, F,S.B. iCitibankj and the State of Florida ("State") in
connection with the Southern Alliance of States EBT project (the
"Projecr) and a Third Party Services Provider Agreement between
Citibank and Contractor, Contractor manages the issuance of United
States Department of Agriculture 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 of 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
nonnal 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. Issuance of Benefits.
. a. Subject to the provisions of this Agreement, Retailer agrees
to Issue Benefits to Recipients. Retailer will provide each Recipient a
receipt for each Benefit issuance transaction undertaken by the Recipient
with Retailer. Retailer will be solely responsible for Retailer's issuance of
SAS-ESToONL y ~~ 11'97
Benefits other than in accordance with authorizations timely receIved
from Contractor.
b. If Retailer has elected (as indicated on the first page of this
Agreement) to support the electronic issuance of Benefits, Retailer WIll
issue Benefits to Reaplents, in accordance with the procedures set forth
in the Manual (as hereinafter defined). in the amount authonzed through
Contractor-supplied point-of-sale ("POS") terminal, WIth personal
identification number ("PIN") pad and printer (the 'Equlpment"). upon
presentation by Recipient of the State- Benefit Security card (.EBT Card")
and Recipient entry of a valid PIN. Retailer agrees that in the event of
the failure of the Equipment to print benefit issuance infonnallon as
approved and validated as a legitimate transaction. Retailer will contact
Contractor to receive authorization fOf issuance of Benefits. and that
Contractor will accept this authorization for issuance in lieu of a pnnted
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
durin~ the ~riod of time when nonnal benefit issuance is not possible. as
descnbed In the Manual, Retailer will manually issue Benefits to
Recipients. in accordance with the policies set forth in the Manual and in
the amount authonzed by Contractor, at no cost to the Reapients upon
presentation by Recipient of hisJher 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. deri< and sales infonnation.
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 processing
within fifteen (15) calendar days following 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 encumbrance will be $40.00.
v. Except as specifically provided in the Manual, Retailer
will not be reimbursed and will be solely responsible for all manual
transactions when Retailer fails to obtain an authorization number
from EBT Service Provider within twenty-four hours of the
transaction and prior to the submission of the manual sales draft.
vi. Contractor will be liable only for those manual
transactions performed in accorelance with the Manual. If Retailer
has not received an authorization number in accorelance with
paragraph 2 c.i. above, Retailer may not ore-submit" a manual
sales draft for payment If Insuffldent funds exist at the time that the
manual sales draft Is presented for processing and payment.
d. Retailer agrees to make available such Infonnational
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 POS
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 perfonnance 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 Act of 1990, Clean Air Act. Clean Water Act, Energy Policy
and Conservation Act, Immigration Reform and Control Act of 1986, and
regulations issued by the Depar1ment of Agriculture 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 Final'\cial
Management Service of the U.S. Treasury Department, as necessary,
and such other laws, rules and regulations as may be applicable to the
isslJance of Benefits by Retailer hereunder. Unless otherwise defined
herein, all capitalized tenns shall have the meanings ascribed them in the
Rules. Retailer agrees to comply with the procedures specified In the
EBT Merchant POS Procedures Manual (the 'Manual') provided to
Retailer by Contractor, as amended from time-to-time. Retailer agrees to
comply with all additional procedures specified by the State, or Contractor
at the direction of the State, regareling lost EBT Carels, forgotten PIN's,
discrepandes in benefits authorized and similar matters by providing
RedpienlS with Infonnation such as telephone numbers and addresses of
the State, Contractor or other appropriate agencies.
h. Retailer will not accept an EBT Carel for any purpose other
than the issuance of Benefits, Induding without limitation as security 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 Reopient or Retailer, to the exteDt permitted by law.
3. Processing of EBT Transaction.
a. Contractor will promptly process for authonzation all EST
transactions communicated to it in accordance with this AgreemenL
Contractor will prOVide an authonzabon 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 illl procedures set forth In the
Manual for processing EBT transactions. and will comply WIth all
applicable laws. regulations. and rules. including Without limitation. the
Quest Rules, goveming its activity as the State's servlco provlI.Jer fOf tllo
issuance of Benefits
c. Contractor Will maintain all records reqUired 10 be maintained
by the State and as necessary to verify the accuracy. timeliness.
completeness or reliability of the processing of the EST transactions
communicated to Contractor by Retailer and all fees. charges. or
adjustments. as permitted hereunder, made to Retailer's account. for a
period not less than that reqUired of Retailer hereunder.
4. Issuance Records.
a. Contractor agrees to fumish Instructions to Retailer
conceming EBT.related records. as may be reasonably requested or
required by the State or by Contractor. to be made and kept. and Retailer
agrees 10 separately maintain such EBT .related records and to promptly
make such records available for audit upon request to representatives of
Contractor, the State, or other authonzed State or Federal govemment
agency during nonnal 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 penod not less than that
set forth in paragraph 3 c.
b. To assure compliance With thiS Agreement, Contractor. the
State, or other authonzed State or Federal govemmental agency, will at
all times, 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 wor!< performed
under this Agreement. or to obtain any other infonnation required to be
provided by Retailer or othelWlse related to this Agreement.
c. Retailer agrees to maintain and preserve such records
during the course of this Agreement and for a penod of three (3) years
following Benefit issuance. or for such additional penod as applicable
regulations may require. Records Involving matters In litigation will bl:'
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.
microfilm, etc.) 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 wntten notice to Retailer
5. Training. Contractor agrees to fumlsh necessary and reasonable
training in polides and procedures. Retailer agrees to cooperate and to
pennit 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 fonn of
credit for food purchases for Benefits issuances to Recipients pursuant to
this Agreement. and settlement for other transactions as permitted in
accorelance 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
account as may be required to correct any erroneous or unauthorized
transfers or issuances. Contractor Will promptly notify Retailer of any
such corrective transfers. This authonzation will remain in effect until
withdrawn by Retailer upon written notice to Contractor and Contractor
and its finandal service provider will have had a reasonable time to act
upon such written notice. With submiSSion of this signed Agreement to
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Contrjlctor. Retailer agrees to deliver to Contractor a Retailer SetUement
Authorization Form and voided checK for the Retailer account
b. Contractor shall arrange that the appropriate credit or debit
to Retailer's Receiving Depository Financial Institution iRDFI") for
Retailer's acc;ount will be made by Contractor's financial service provider
the next business day. but no later than two (2) business days. following
receipt by Contractor of Retailer's end-of~ay POS setUement
information. SetUement information received after Contractor's
processing deadline will be processed for credit or debit the followmg
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 RDFI for Retailer's acc;ount
Co 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 completion 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 electronically.
such electronic submissions will be processed In acc;ordance with
procedures for electronic transactions.
d. In the event that the credit received by Retailer for issuances
is less than Retailer believes is otherwise due. Retailer will promptly notify
Contractor of the discrepancy and Contractor and Retailer will compare
records to determine the source of such discrepancy. Contractor and
Retailer will negotiate in good faith to resolve any discrepancies. in
acc;ordance with the Rules.
7. Required Ucenses. Retailer represents and warrants to
Contractor that Retailer is a FCS authorized retailer and is not currently
disqualified or withdrawn from redeeming food stamp coupons or
otherwise disqualified or withdrawn by FCS. Retailer agrees to secure
and maintain at its awn expense all necessary licenses. permits.
franchises. or other authorities required to lawfully effect the issuance and
distribution of Benefits under this Agreement, including 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. Limitation of Liability; Indemnities.
a. IN NO EVENT WILL EITHER PARTY BE LIABLE TO 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. Cltlbank. and the State
for any loss. liability. damage. fee or Elxpense. including reasonable
attomeys' fees. (collectively. "Loss") 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 claims 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 criminal 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 diligence 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 agreements on its part contained 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 criminal acts of
Contractor. its directors. officers. employees or agents.
9. Term and Termination.
a. This Agreement will be effective from the date hereof and WIll
continue in effect lor 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 penod. or at such other Dme
as may be mutually agreed upon. or unless otherwise termlnaled In
accordance with this Section 9.
b. If the Retailer IS dlsqCakJied or Withdrawn from the F S
Program. Retailer's engagement to Issue FS Benefits will be terminated
contemporaneous thereWIth. Such disqualificaDon 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 discretion. 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 01 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 terT"'lination of this Agreement will be
completed and delivered as though this Agreement were still in effect.
and the obligations of Retailer under Sections 4(a)-(c). 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 sel
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 tl1at portion of this Agreement not
covered by such notice.
10. Force Majeure. Neither party will be responsible lor errors. delays
or nonperformance due to events beyond their reasonable control.
Including. but not limited to. acts of God; interruption. fluctuation or
unavailability of power or communications; changes in law or regulation
or other acts. orders or omiSSions of govemmental authonty 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. ....ith particular emphasis on information relating to
Recipients and applicants. which is obtained by It through its performance
under this Agreement. as confidential information 10 the extent reqUired
by the laws of the State wherein Retailer issues Benefits pursuant hereto
and of the United States and any regulations promulgated thereunder
i. Individually identifiable information relating 10 any
Recipient or applicant will be held confidential and will not be
disclosed by Retailer. its directors. officers. employees or agents,
without the prior written approval of the State.
ii. 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.
iiI. Retailer will promptly advise Contractor of all requests
made to Retailer for information descnbed in paragraph (a) above.
iv. Retailer will 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. its directors, oftlcers. employees. and agents
shall treat all information. with partiClJlar emphasis on information relating
to Retailer's non-EBT business. Recipients and applicants. which is
obtained by it through its 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
provides for telephonic notice, any notice required or permitted under this
Agreement will be in writing and will be deemed to have been proper1y
given or made when personally delivered or when deposited In the United
States mail. postage prepaid. certified mail. retum receipt requested, Of
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 permitted 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. EBT Service Mar1<s. Retailer will adequately display the State's
service marks or other Govemment Entity licensed marns, indudlng 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
location(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. Mlscellaneoua.
a. Sole Agreement, Modification Of Amendment This
Agreement sets forth the entire understanding between the parties with
respect to the subject matter hereof and may be mod/fled only by a
written Instrument signed by the parties hereto. If any terms or conditions
of this Agreement are found to conflict with Federal or State law,
regulation Of 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 aU other provisions of this Agreement will remain in full
force and effect.
d. No Third Party Beneflciaries. This Agreement does not
create, and will not be construed as creating, any rights enforceable by
any person not a party to this Agreement, except that the State and its
Issuer, as deftned in the Rules, will be deemed third party beneficiaries 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 commencing
appropriate administrative or legal action against the Retailer or for
making any referral for such action to any appropnate Federal. State or
local agency.
f. References to State. Any references to State In Itlls
Agreement shall mean State In whlc.h Retailer Issuance!' Benefits
pursuant hereto. If Retailer Issues Benefits In more than one Stale
pursuant hereto. then the reference shall mean each such State
severally, and not jointly.
g. Interpretation and Governing Law This Agreement WIll be
govemed by and construed in accordlt{lce with the laws of the Stale of
Florida. without giving effect to conflict of laws The Obligations of tne
parties under this Agreement shall be interpreted in accordance with the
following. in the order of precedence listed: Federal pOliCIes and stale
poliCIes as they may be set forth in laws, regulations or rules. tne Quesl
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 County Commissioners
Bayshore Manor
(R .
By:
Printed
Name:
Title:
~ .- .
ATi~3T: DANNY L ~CLEAIC
iJ'{ ~ .:r a.li:::~:~(\. ~~1""
D':~ \J
P1I'I'RvvEO A3 TO FORM
I'.NO AL SUfFlCI
Date:
M~~v-
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CONTRACTOR:
CITICORP SERVICES INC.
By:
(Authorized Signature)
Printed
Name:
Title:
Date:
4
EBT ISSUANCE EQUIPMENT RIDER
This EBT Issuance Eql'ir"I11ent Rider is en~ered into between Citicorp Services Inc. rContractor") and
MCBOCc/Bavshore Manor ("Retailer") to supplement the terms and conditions of
mat certain Retailer Agreement - Electronic Benefits Transfer Program (the "Agreement") between
Contractor and Retailer of even date herewith. Unless otherwise defined herein, all ca~!~lized terms shall
have the meanings assigned them in th~ Agreement.
1. Equipment Contractor will fumish and install at no cost to Retailer for initial installation POS terminals,
printers. pin pads, controllers, if required. and necessary software and supplies ("Equipmenr') for Retailer's localtons in
the amounts listed for each location identified in Appendix A to the Agreement. Retailer shall provide Contractor access
to its locations during normal business hours for the purpose of installing Equipment. If presently eXlsltng at such
location and Retailer's monthly FS Benefit issuance is greater than $100 but does not exceed $5000, Contractor may
utilize Retailer's existing telephone line and electrical power supply for each POS configuration in accordance with FCS
policies for EBT-Only instl:lllation. If Retailer's monthly FS Benefit issuance exceeds $5.000, Contractor will install a
dedicated phone line for exclusive EBT use and reimburse Retailer via ACH for the base line services cost,
maintenance cost and repair costs reimbursable hereunder, provided that Retailer shall be responsible for such
telephone service and all costs in excess of Contractor's reimbursement hereunder, Prior to installation of the
Equipment at a location specified in Appendix A, Retailer will warrant t~lat such location conforms to applicable local.
county or state building, construction and safety codes then in effect
2. Use of EquIpment Retailer will use the Equipment according to Contractor's instructions and only in
connection with the EBT Program or other products or services as authorized in writing by Contractor in accordance with
the Issuer Agreement, and only at the locations specified in Appendix A. The deployment of the Equipment within each
retail location will be in accordance with guidelines fumished by Contractor, the Slate and any authonzed State or
federal govemmental agency (current requirements are specified in Appendix B to the Agreement).
3. EquIpment Malfunction. Retailer agrees to immediately notify Contractor by telephone of any Equipment
failure or malfunction relating to the EBT Program and to make Retailer's premises available for repairs or replacement.
In the event that the Equipment fails to operate, Retailer agrees to retum the Equipment to Contractor for replacement
as set forth in the Manual. Contractor may ship replacement Equipment by ,,!xpress carrier to Retailer for Retailer
installation to replace Equipment determined to be damaged. stolen or malfunctioning, In the event that Retailer is
unable to effectuate installation despite telephone assistance from Contractor, Contractor will, within twenty-four (24)
hours of notice of inability to install, make available an on-site representative to effect installation.
4. Care of Equipment. Retailer agrees to follow the instructions of any manuals accompanying the Equipment,
as amended from time-to-time, in the use and care of the Equipment and agrees to advise Contractor or its authorized
representatives of any conditions which may require servicing. Retailer will take all reasonable security measures to
protect the Equipment from damage and/or unauthorized lIse. Retailer will not make or attempt to make any repairs to
the Equipment. Contractor will provide for the installation, maintenance, service of the Equipment and related supplies
at no expense to Retailer. Retailer will ensure that Retailer's existing insurance, if any, covers the EqUipment against
casualty loss. Retailer agrees to bear the expense of repairing damage to the Equipment which occurs while the
Equipment Is In Retailer's care, unless such damage is caused by Equipment malfunction which did not result from
Retailer's improper use of the E.quipment.
5. Inspection of Equipment. Contractor reserves the right to inspect the Equipment during Retailer's normal
business hours.
, 6. Non-Encumbrance of Equipment. Retailer will not encumber, transfer, pledge or sublease the Equipment
In any way or take any actions which In any way suggest, indicate or imply that Retailer is the owner of the Equipment.
, , 7.. DI.~laimer of Warranties. Contractor is not the manufacturer of or l:i supplier of the Equipment, nor a dealer
In Similar EqUipment. CONTRACTOR HAS NOT MADE, AND DOES NOT MAKE. ANY REPRESENTATION
WARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO DESIGN CONDITION DURABILITY'
SUITABILITY, FITNESS FOR USE OR MERCHANTABILITY OR VALIDITY OF PATENTS OF THE E'QUIPMENT IN
ANY RESPECT, EXCEPT THAT CONTRACTOR WILL REPAIR OR REPLACE ANY EQUIPMENT WHICH DOES NOT
FUNCTION IN ACCORDANCE WITH THE DESCRIPTIONS FOR THE EQUIPMENT PROVIDED BY THE
MANUFACTURER. Contractor will provide no additional indemnifications with respect to such claims.
a. Disclaimer of Uablllty and Indemnification. Contractor will not be responsible or liable for any cost,
expense or damage arising out of the use of the Equipment by Retailer including, but not limited to, lost profits or
damages to persons or property. Retailer will bear all risks including the entire risk of loss, theft. damage or destruction
of the Equipment and all liability for the use, possession, operation. storage and condition of the Equipment; provided,
however, that Retailer will not be liable for personal injury andlor damages to property resulting from the negligence or
willful acts of Contractor, its employees, subcontractors or agents or for verifiable damage to ,Equipment caused by
Recipients. Retailer will indemnify and hold Contractor, its parent corporations. affiliates, empl6yees, subcontractors
and agents harmless from all losses, costs. expenses and damages. including attorneys' fees, Incurred because of or
incident to the Equipment or the use, possession, operation, storage and condition thereof; provIded. however, that
Retailer's obligation to indemnify and hold harmless will not apply in cases in which Contractor will be found liable for
personal injury andlor damage to property resulting from the negligence or willful acts of Contractor, its employees.
contractors or agenls.
9. Termination of Agreement. Upon termination of the Agreement pursuant to Section 9 thereof, Retailer will
immediately return the Equipment to Contractor or purchase the Equipment from Contractor at a price to be mutually
agreed upon between Conuactor and Retailer.
10. Right of Po.s...lon. Upon the suspension or termination of this Agreement. Contractor will have the right
to take possession of all Equipment or bill Retailer for the cost of the Equipment if Contractor is unable, due to Retailer's
action or inaction, to take possession of the Equipment.
IN WITNESS Wt-jEREOF, the parties hereto have caused this EBT Issuance Agreement Rider to be
executed by the persons thereunto duly authorized as of the dates written below.
RETAILER:
Monroe County Board of , County Commissioners
Bavshore Manor
(R . ered Business Name)
~
CONTRACTOR:
CITICORP SERVICES INC.
By:
(Authorized Signature)
~ 0.. c K .Ln nd C"Y'l
(Authorized Signature)
Printed
Name:
Title:
Mnl.j~
\
Title:
Date:
~ 9cr..
Date:
....
~
ATTES'r. DANNY L ICDUW3E a.EIIC
IJf Q'~~E~~~~~
Retail Locations
Monroe County/Bayshore Manor
5200 College Rd.
Key West, FL 33040
"
APPENDIX A
Benefit
Issuance Days
Monday thru Friday
-,
Benefit
Issuance Hours
""
8: OOam- 5: OOpm
~-
APPENDIX B
POS TERMINAL DEPLOYMENT GUIDELINES
(as set forth In 7 e.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 P~S terminals.
(if) less than 15 percent food stamp redemptions,
then (a) Retailers which are supermarkets will permit installation by Contractor of one pas
terminal for every $11,000 of monthly redemption activity. or
(b) Retailers which are non-supermarket retailers will permit installation by Contractor of one
POS 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 pas
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.
.-,
~'..? _'.c'. .
I
SOUTHER1\ ALLIANCE OF STATES.
ELECTRONIC BENEFITS TRANSFER
Certified Third Party Providers of Debit, Credit and EBT Processing
.~
.,
. BUYP4SS
Sherry Foley/Sales Manager
360 Interstate North Parkway
Atlanta, GA 30339
(770) 916-3458
EBT INFORMATION
SYSTEMS, Inc.
Raymond Jord.an/Executive Vice
President
3340 Peachtree Road, Suite 1800
Atlanta, GA 30326
404 848-7794
SOUTH TRUST BANK
Molly Jones/Sales Executive
P.O. Box 122
Birmingham, AL 35201
(800) 239-231 ~
FIRST TENNESSEE
BANK
Kathy Filson, Regional Vice
President
301 Crawford Blvd. Suite 201 No.4
Boca Raton, FL 30432
800 499-0498
CARD SERVICES
INTERNATIONAL
Matt LitberglSales Manager
26775 Maheu Hills Road
Agoura Hills, CA 91301
800) 456-5902
CONCORD EFS
John Richmond/Sales Manager .
2525 Horizon Lake Drive
Memphis, TN 38133 .
(800) 235-1794 Ext. 2145
FISCRIP
Bob Neenerl Vice President
3703-12 Lake OrlandoParkway
Orlando, FL 32808
(407)521-9813
PINNACLE FINANCIAL
Bob Rochleau I Sales Manager
10525 Park Blvd. Suite #102
Seminole, FL 33772
(800) 700-8762 en 1 t 5
I.M.A. PAYMENT
Sam CancIRegional Manager
6840 Roswell Road, Suite 230
Atlanta, GA 30328
(800) 631-4474
APEX MERCHANT
SERVICES, INC.
Raphael Sanchez! President
600 Brickell Avenue, Suite 300R
Miami, FL 33131
305377-9991
PREFERRED
MERCHANT SERVICES
Craig Tims! President
1405 N.W. 167* Street
No. 240
Miami, FL 33169
800 809-6602
1ST NATIONAL PAYMENT
SYSTEMS
Jack Oliver. Managing Director
529 F~ont A venue
Fairmont, "W est VA 26554
(~88) 685-0347
SHAZAM
Harold Peterson! Sales Manager
6700 Pioneer Pkwy
Johnson, IA 50131
(800) 537-5427
CARD PAYMENT
SERVICES
Laurence L. Stone / Managing Dir.
414 East 75m Street
New York, NY 10021
(212) 734-5588
TERM NET MERCHANT
SERVICES
Rick HomserNice President
2030 Powers Ferry RD.
Atlanta, GA 30339
(800) 344-8472
FIRST OMAHA
MERCHANT PROCESSING
Sales Support
222 South 15t1a Street
Omaha, NE 68102
800 516-6242
THIS IS NOT A COMPLETE LIST OF. PROVIDERS IN YOUR AREA.
ApDITIONS WILL CONTINUE AS PROVIDERS ARE CERTIFIED FOR EBT
TRANSACTIONS.
PLEASE REFER TO YOUR LOCAL BANK FOR ADDITIONAL
INFORMATION REGARDING PROVIDERS CERTIFIED FOR ELECTRONIC
BENEFITS TRANSFER IN YOUR AREA.
FLORIDA RETAILER HELPLINE: 1.888-309-2001
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