United Public Safety ~ C210006 CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
CrHisFoRmMusrAccomPAN-fEvERYCoNT"cr) C210006
Contract Tide: CijX of Ti rd Parking Permit Vgyment portal Number:
Contractor: United Public Safety (UPSafety) Contract Total: $0.00
Contract Overview: The vendor will.provide a payment processessystem for the imyacted City of Tigard
residents to pay for their residential parking permits online. The residents will be
charged a transaction fee if they chose to do this online.The Cijy of Tigard will not
a the vendor for transactions. Residents still have the option to 12a—for their
aaLking permit at the Records window or by mail for no transaction fee.
Initial Risk Level: ❑ Extreme ❑ High [ Moderate ❑ I,ow
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: SSa Leigh Erickson / Lisa Shaw Ext: Department: Police
Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ® General Svc ❑ Coop Purchase
❑ Other: Start Date: July 9,2020 F.nd Date: December 31 2021
Quotes/Bids/Proposal: FIRNj AMOUNT CORE
No quotes were needed or obtained
Account String: Fund-Division-Account Work Order—Activit►,T= Amount
FY .NZA
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Aglsrovals- LCRB Date:
Department Comments:
Department Signature: t 5'4 S ha 1k) 4?/ZQg
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
Kathy Nyland 7/10/2020
After securing all required approvals, forward original copy to the Contracting and Purchasing Ol ce along with a
completed Contract Checklist.
Contract#C210006
r � O
■ . u PSS et
UNITED PUBLIC SAFETY
I
AGENCY SERVICE AGREEMENT
This AGREEMENT is made and entered in to as of the Sixth day of July 2020 by and
between United Public Safety Inc. (Hereinafter UPSAFETY, or Contractor), with its principal address at
321 Morris Road Fort Washington, PA 19034 and the City of Tigard, OR (Hereinafter AGENCY), with its
principal address at 13125 SW Hall Blvd, Tigard, OR 97223.
Whereas UPSAFETY has designed and developed a payment processing system for Government
agencies, to include operator- assisted and Internet processing services to enhance the collection of
Payments or other obligations on a 24/7 basis. The person wanting to pay an obligation to AGENCY by
credit or debit card, or any of its departments, may do so by calling the UPSAFETY toll-free number, or
logging on to the designated website link(where applicable), at no cost to AGENCY(the "UPSAFETY
SERVICES"). UPSAFETY will charge the cardholder a 4.00% convenience fee, with a $3.00 minimum for
all violations or permits paid for through the UP safety Citizen Connect portal. For POS transactions
performed through UPSAFETY provided terminals, a fee of 2.9% & $.25 per transaction will apply.
Service includes timely and accurate transaction processing, next business day reconciliation and funds
transfer via ACH from UPSAFETY to AGENCY.
UPSAFETY will be the provider of the agreed upon merchant services to the AGENCY for the awarded
payment processing services during the period beginning on the date on which UPSAFETY and the
AGENCY execute the Agreement. Besides compensation for (a)the actual dollar value of chargebacks
successfully disputed by patrons who use UPSAFETY merchant services to pay AGENCY (a "lost
chargeback") and (b) $15 per lost chargeback, UPSAFETY agrees the AGENCY is not responsible for
any compensation for this service, nor shall THE AGENCY pay any associated operational costs, state or
federal taxes on behalf of UPSAFETY. UPSAFETY accepts and agrees to perform all services associated
with this agreement as an independent contractor and not as an employee of THE AGENCY. UPSAFETY
and THE AGENCY each agree (i)to hold the other party's Confidential Information in strict confidence;
(ii) not to disclose such information to any third parties without the prior written consent of the
disclosing party or as required by law or regulation.
UPSAFETY will indemnify and save THE AGENCY harmless from any loss, cost damage, cardholder
transaction disputes, charge-backs, and other expenses, including attorney's fees and litigation
expenses, suffered or incurred due to UPSAFETY's negligence or failure to perform any of its
obligations under this service agreement. THE AGENCY agrees to assist UPSAFETY with (i) any efforts
necessary to facilitate collection of funds from any cardholder to include reinstatement of the obligation
owed AGENCY; (ii) all cardholder information pertinent to any inquiry or dispute regarding payment
made to the AGENCY via the services of UPSAFETY.
UPSAFETY represents it is qualified to perform the aforementioned services as outlined in this
agreement, and that all work shall be accomplished in a workmanlike manner. UPSAFETY agrees to
observe and comply with all federal, state, and local law in performing the services listed, including the
provisions attached in the affixed Exhibit A. This Agreement shall be governed by the law of the State
of Oregon.
The initial term of this Agreement shall be from the date of execution and continue to December 31,
2021.This Agreement shall automatically renew on each January 1st for an additional one (1) year until
United Public Safety, Inc. 321 Morris Road Fort Washington, PA, 19034 Page 1 of 4
December 31, 2025. Notwithstanding, either party may terminate this Agreement at any time by giving
forty-give (45) days' written notice to the other party.
IN WITNESS WHEREOF, AGENCY and UPSAFETY have caused this Agreement to be effective on the
date executed by THE AGENCY.
Accepted and Agreed:
United Public Safety, Inc. City of Tigard, OR
61 By V By
David Young Kathy Nyland
Name Name
CFO Assistant City Manager
Title Title
06/25/2020 7/10/2020
Date Date
Notice Address:
321 Morris Road
Fort Washington, PA
19034
diyoung@upsafety.net
United Public Safety, Inc. 321 Morris Road Fort Washington, PA, 19034 Page 2 of 4
Exhibit A
UPSAFETY will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement, including, without limitation: Title VI of the
Civil Rights Act of 1964; Section V of the Rehabilitation Act of 1973; The Americans with Disabilities Act
of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and ORS
659A.142, including all amendments of and regulations and administrative rules, and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
UPSAFETY represents and warrants that UPSAFETY is, to the best of the undersigned's knowledge, not
in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316,
317, and 318. UPSAFETY's failure to comply with the tax laws of this state or a political subdivision of
this state before the UPSAFETY executed this Agreement or during the term of this Agreement is a
default for which AGENCY may terminate this Agreement and seek damages and other relief available
under the terms of this Agreement or applicable law.
In accordance with ORS 2796.235, the following are hereby incorporated in full by this reference:
o UPSAFETY may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services,
as defined in ORS 279A.055, Contractor must pay employees at least time and a half
pay for all overtime the employees work in excess of 40 hours in any one week, except
for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201
to 209 from receiving overtime.
o UPSAFETY must give notice in writing to employees who work on a public contract,
either at the time of hire or before commencement of work on the contract, or by
positing a notice in a location frequented by employees, of the number of hours per
day and days per week that the employees may be required to work.
o UPSAFETY may not prohibit any of UPSAFETY's employees from discussing the
employee's rate of wage, salary, benefits or other compensation with another employee
or another person and may not retaliate against an employee who discusses the
employee's rate of wage, salary, benefits or other compensation with another employee
or another person.
o UPSAFETY must comply with the pay equity provisions in ORS 652.220. Compliance is
a material element of this Agreement and failure to comply will be deemed a breach
that entitles AGENCY to terminate this Agreement for cause.
UPSAFETY must make payments promptly, as due, to all persons supplying labor or materials for the
performance of the work provided for in this Agreement. UPSAFETY may not permit any lien or claim
to be filed or prosecuted against AGENCY on any account of any labor or material
furnished. UPSAFETY will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167. UPSAFETY will pay all contributions or amounts due the Industrial Accident
Fund from the contractor or any subcontractor.
UPSAFETY shall maintain liability insurance covering acts, errors, or omissions, including negligent acts,
arising out of the performance or failure to perform services related to the Products and Services under
this Agreement.
UPSAFETY shall maintain insurance that shall cover any and all claims and losses with respect to network
risks (such as data breaches, unauthorized access/use, ID theft, invasion of privacy, damage/loss/theft of
data, degradation, downtime, etc.).
United Public Safety, Inc. 321 Morris Road Fort Washington, PA, 19034 Page 3 of 4
Such insurance shall include limits of coverage of not less than $2,000,000 written on a per occurrence
basis. If coverage is written on a claims-made basis, coverage shall remain in effect for not less than
three (3)years following the date of termination or expiration of this Agreement. Evidence of the
coverage must be sent to AGENCY for three years following termination or expiration of this
Agreement.
United Public Safety, Inc. 321 Morris Road Fort Washington, PA, 19034 Page 4 of 4