Loading...
04/08/1998 , '\~'-\. .; I f~..--~ t . /" ~ ." ~-.., ~ SAS EBT RETAILER SETTLEMENT AUTHORIZATION FORM FCS Authorization #: 9681981 '\." 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. Check One: Financial Institution Information: ~ Fint 5ubmilaion o Clune. in BaDkinalnformaUon NAT IONS BA~\! M_ 01 Y- iI_ A '3;).o~ ~I.,.. I ~\"" V~ ""I~ ~ C' ~""''1 u)-e<;j-, r L- 3 '>0<10 Business Information: Monroe County/Bayshore Manor 4/llIa ,LC cloaI, 0_ _ IIIOIIlC IIaIII8 or a .... - WID _I\IIIIC/I'" 5200 CollelZe Rd. MGreu Key West. FL 33040 Qry7SlaW~ 305/294-4966 T_lICIM 1'<__ Headquanen ACCOUDt: 0 Fill checkiDg or saving! iDformatioD II belo~': .~ to.... UTlrWIaca _oc_ TIme Zone: Eaacm Mouaum e..,.;;"g Aca # 9 - i'JO 3(, 0 !ft)'n b OR: raVingS Aca # 063100~77 AND. Senlement Cut-off' time: Transit and Routing Number (ABA#) Ch.a WIlil ~ b_lot II1I,I--' / ,Mo..u,-,\o- I ~ 1 It ..~. ~,,,"."/' ,.~ \~-~ \: 0. 4/ <a I Cf~ IM:PORTANT: ATIACH A VOIDED CHECK ~ J For Official Use Only ~ ATTES'f. DANNYL KOLHAGE CLERK Eft ~~'fA~~~~ D 'TV RK 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 2 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- ~<a\9~ 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 f'<.\"~T nM~-\1:''''.......,\l:1...~:111..A't..\.C::O Il <: TPP.. i1f>," ........~..,...,..._-,:. /7 .--__:;......,..~.~,. '1r"M.IP".,.~~.'..r~ .....V"..,......,.".'!Il:.~___ J-:!~:: - .~~ '. 1"'1' "'''''''1"'' "..,..... ga o E--en ~en ~~ ::u enO ~~ ;z:~ Q~ ~< '-~ t;~ <- '-= c:::E-- ~'- ..JO -en <- E--en ~~ < ;z: < E-- en o U ~ c .. 'o[ .. .- c.= ...cr fo-IIl - ~ ~ E-- - c - 0 :s= .. .. Q :I ;~t IIlfo-,", ..... 0- ...a ti: '"' 0 :=~ .Q .. .. .. Qllo .. .. llo c E,! '"' w .': ; .Q .. .. .. Qfo- J::::; '"- :l:u c:E s< ~CIl Q> .. .. llo E '"' - .a :ai: .. 0 w:E .. .. llo ~ g ~ .f - .. .- .. -= c .. .. .. .. Ufo- .. .~ ..- is:'' ..- ~ .. .. c c.o ".c a:llo llo llo fo- ... Q .. E .. z /, ,~~ . '" C U rJ .2 oS . c- uE=:' 'Vi 13 "iiJ ~ .E 's < e fU _.. CIl~ <Ii~ ~ 0 .. '" -= ~ _.5 ~ giU .g0E-< ",'" -"Otl uC C;;::;lt;:: .~ ~ ... U - C U ~ !:: S U .5 U ~ 5fr O>Ou <IJ "0 '" Z 'S ~ .5 ~. 0 fr.. c .. ~ .b III Q. u u ~ ::I U ,.g:;s ~O'~ c:: .-.. =.. Q.) oc~. ~~:a o C <Ii '5 -a j '::.. ~ e &j = ~ g ii5 < ._ 1.::'" c;.:tf~ ~[ ~~~i ~ .. .!(l ~ B' ~ :=0;;0 ~ "0. Po. ~ ..:.;: Q. ........ ..... kl "0 0 t' U U -=~ ......-<OS UCIl 5~~~ C; OCll.-= c .s ~ ~ ~ .5 o u.z CIl e.~ -5~O"s' u~ 'g>r:s.~ :~ fU- .9 -=-5 ~~::i5 .... ~88,.g ~~ uoe_ o~ ?,fl5.Q.":';: IIl-= tlc!::~ ~ ~ > CIl CIl .. C fU U U III .- "0 .. >. >. 'E '" C ::I CeCIl ::I CIl 0 fU CIl U ,r:, >. >.Q.Q._ U!:: ..... E e'- ::IfU oooil "Og. -UU"O S:::'" c......... 8 8 S 'U'u 0 E-505 ~ 'O.!:l c;; Po CU u~~~ 0-5 .05.... O:;g:>~~i:i ..8 ..., ~ ..... ..... GJ . ~ 0 ~.- .... ~CIlucuil~ .9 ::I e..:.;: ti "0 .- <lJ0Q.0-=-="O ">'>.-uuU S=t::S:.E:.E-5 >. B a >. ~ ~.5 ''5i .9 "O.s ~ ~.!l! .- Q)':: '-'- Q. >>-=>.~~~ Q) ._ ..... 1-,' _ _ Q) > ~ fU ~ ceo .- ..... U) en Q,) 0 ..... E 5 E 8 ~ ~ ~ C III U U Q. Q.'_ u ~ ~ c u u ~ V)o....u.............. ~ u Q..o u u 5 fr~~::;:-5oSrJ ~-5-5~~~a -5~:.E.:::<<~ ~<~--- g . 6< ~ U 8' 'E (I) ~~c - ~ -=!::u u 0 ~ fU':: t: uu_ "C<I~ ~al!-. UfUN ~.bN d + II ou_ .:;: ~ 1:) u.....:.;: ~ ... t) ~ s':: o . u co CIl '" > .. ;:a $ ~:><o ..:.;:-~ UUClO U..:.;:_ ij .~ " -- 0' u c .!(l co.s! <e- u III . > '" e < c B ~ '" .. >OUt-: ",'" is. p.. m ~ u u t-o co ~ uG~ -5>_ -= CIl +' COu 6 -5 "li' .so5! "0 'ii i:i ~.!l! 6 u ::I U ge~ l5.0...... IIl"'"~ .- coV') cc .5 ~ -=~..; :..9;..: u - catoEc "'uJ;j ..... - u 0-=._ ;o+-: =:g~ ou< "0__ f:'eo u_~ > c . u ::I ClO 0- e u .. o.~ Q) <t="O"S, "'Cue B ..6 C<I 5 .. ~ o ::I u 0 . .~ ~B "Oue '" C _ "::.;::: 3 $ E 0 -= ~ ~ u u ._ ~"O"O u 0 u -=f-2 - - III . ._ U ~~v CIl ..:.;: .. - u '-.- .-.... -.c-u ::: u u - S"'COIlE! u4..f,!_ .!!l 0 ~ 3 ~ .-::: RI 0 u"O.....u r;:uu'" ""'" QJ .- u<.=o"O ,.-. N --- <Ii 0'''0 ~ 'Vi.!(l ~ ~ ]<:::-= ::I _ ~~ ~g -5 Po. . e c E- '" o U ::I u ScE:..s fU 0 ... c ;~~ o ..s..s 0 ] u a ~ COl5ei:i .i! e "0 S U-5 ~1il QJ.- ....- .o~l!"O 0..:.;: u .. .!(l u U ::I CIl ,.goo ~ ;uO"O us~; ~ - >. . ~5C1l8 1:: e . ~ 0 .V') 'E ~ ~ ;; ~.~~ i . u ::: 0 1.~]~ o u- 5 .<;:: "0 5 ...>,fUO ~-=ou Q. ~ -.!(l 8.!(l Zl ~ ";CG~5 ;;;-5llle .9] g:5 o C<I'~ e l.t'1 OJ U ... r-..::o .- .- ~.~ 5.s g~~~ <t=~8~ UUUQ. OIl l; Q) e c _ fU erJt::~ >.ooU C<I'rQ." 5 ~ g.~ >.0", u-5-= ...: r;:_u-= <:.as .~ . ~ eo "'-=",..0 CIlcou",,; .0 0 ~ Q.... ~ e '" O~ ,:;'-~~= 1:0u-,s o Q. u ::: eo'" ::s u 0..:.;:0-5 fU .... u eN o.!!l] 0;;;;; ~ "'C ~ "OoZueCll u_ ::1-= ~o . e u CIl 0 IIl'- 0 -= .,..; 0.5.0 u~~e= u .- ,r:, E e C<I ~ ;~:g~:9 u .- CIl ::s ",0-=-=0 u gf>.>.:?: ~ CIl c U ::I ..CIl-=O cc:;=~ E ~ ,g .- 0 u >."'~~ ~U~CIl_ ci5r=~B;; ,.-. t"', --- >. --~ ::c -= o E ~ .!!l 8 r;: :>.. u '-'~-5 vi :.s ~ -= c > -.- 0 g i:i u .S~.9 ~ClO '" u ]"!:s~ 'S .... a ... '': ~ e g ii .!!l ~ 8 E ~.!l!.!(l UfU"O"O ~ u C .. ::s - CIl ::I .Qd-o .~ 0 ~ ~ "0 51.:: u -sl 5 U.!(l ~8..s~ u~~ii ~ 0 Q.= _5so lQU"O= U.= 4) .- ..:.;: t-o.= ~ S . 6- >. :;l~~,.g ... e .8 ....~ _ '" _ t ,S::l":::> ^.8 6 ~ -g C<I ~ 0 -5 > ::I ::r: <I) -= 0 E .~ >: c.i ~ '" ~ E!l 'Vi ~ ~ jJ - c C':S - u e g,~,.g 0 e~,--1: .9- ~ 0 E=^ ~ ::I .- ",.::::, O"U;CU(J)E u 0 ~::l U ]e;:,~[ u u c c.- tl';:E~g. ~ .~ u :s ~ 8::;a ro:?-= ~ 1il ~ e g .- ::l,.g E >. 8 .!!l f- B u ~ r;: ..$.~ .s 'E:: Ol} - <I) ::l = ~ t:: e 0'- oEo..>'~ .::; 0.":; C V) u._ 0- 0 0.. Eg.uuCl, ouu.Df- ~u.s~"O -=-=0.)(;= o <I) ~ "'C '" ~lQ~:i~ -='fj>.OI:_ ::l:;",;?;j5Ue- ~o..E~uo.. .... ::l ::I l; e.:; uoo-=oo- :::rru{l)<I) '" ~<ro G ctI'-'- - '" < \" ,....... ~ "<t ~ '- c <:J .D "0 :i c ..c: on .!!l ~ aj ::0 '" "'C C ,s u 'i' u ag c '" ~:.E ~:: ::l CIl '" U ::I ::l .~ "'C o 0 ~,r:, o <IJ '" ~~ :; - 0 ~ ~ t:.... c ::: o u u .. U III -5-= c c 0 .2!l E '" - g~ >'-0 C I: <I) '" - - ~ ~ 01..::: ~ ~ 1:-= .S2 ~ ~.;: ;'::::'0 0..::: o..CIl '" - ~ v >.[ <1:l ._ o..::s 2 8' "'C ~ ~-;:: III <lJ <1:l ~ U U ,r:,- = ::l ._ 0 ~ >. ::l o on >.on o -oc t; ::l IIJ U 11 .~ r: Vl ~i: .D- III 'OJ OJ -= r: Cl, IIJ Cl, E f-~ '" 0.. t~ .::: r: < ~ ::l V) ~,