2011/01/19 Council Agenda Packet

1 0 EXHIBIT C PRICING AGREEMENT Client agrees to abide by the terms and conditions of this Exhibit and any attached schedules. Unless defined otherwise in this Exhibit, all capitalized terms used in this Exhibit will have the same meaning ascribed to them in the Agreement. PRICING TERMS 1. Standard Pricing. If not specifically stated herein,the price for a service will be Equifax's standard price for that service in Equifax-owned territory and the standard price for a credit bureau affiliated with Equifax ("System Affiliate") for that service in System Affiliate owned territory. 2. Non-Standard Pricing. Non-standard pricing for Information Service(s) provided by Equifax to Client is/are listed below. 3. Upon expiration of the term of this Agreement, rates will continue on a month-to-month basis until such time as a new Agreement between the parties is negotiated and signed. New pricing will be effective upon signing of a new Agreement and will not be retroactive to any prior periods. 4. Rates will be installed within ten (10) business days on a going forward basis from date of signed agreement. Pricing will not be retroactive to any prior periods. 5. Client will be invoiced electronically through Equifax's Electronic Invoice Presentation & Payment (EIPP) program. Requests for paper billing are available upon Client's request and shall incur a$10 monthly fee. Such fees are subject to modification by Equifax at intervals of no less than one year, upon prior written notice. (Pricing by service(s)is/are listed below or listed in attached document) II. ADDITIONAL PRICING TERMS&CONDITIONS 1. Invoices. Client shall pay for all Information Services, including any regulatory recovery fees or surcharges established by Equifax in accordance with Paragraph 3 below, no later than twenty (20) days from the date of Equifax's invoice. Interest will accrue daily on all amounts not timely paid at the rate of 1.5%per month. 2. Term of Pricing Exhibit. The prices in this Exhibit shall be effective no later than ten (10) days following the Effective Date and shall continue until the one (1) year anniversary of the Effective Date (the "Initial Term"). Unless the parties otherwise agree in writing, upon the expiration of the Initial Term, this Pricing Exhibit shall renew for successive, additional one-year (1) terms, not to exceed the term of the Agreement. Notwithstanding the foregoing, Equifax rates for the Information Services shall be evaluated and subject to modification by Equifax on a quarterly basis during the term of this Agreement. If Equifax elects to modify the pricing, Equifax shall provide Client no less than thirty(30)days' prior written notice ("Modification Letter"); provided, however, that in the event that Client objects in writing to an Equifax proposed price modification within thirty (30) days of the date of the Modification Letter, then either party may terminate the Agreement upon fifteen(15)days written notice to the other. 3. Regulatory Fees. The prices set forth in this Pricing Exhibit are exclusive of any regulatory recovery fees or surcharges established by Equifax from time to time to recover its costs of compliance with various laws and regulations and any taxes that may be due upon the provision of the Information Services. Equifax will notify Client of any changes made by Equifax to any now or then-existing regulatory recovery fee or surcharge. a. FACT Act Regulatory Recovery Fee. As a result of certain requirements set forth in the Fair and Accurate Credit Transactions Act of 2003, Equifax will impose a regulatory recovery fee in the amount of $0.11 applicable to online consumer report products, on a per report basis, provided to Client pursuant to this Agreement. Standard Agreement for Service—On Line Services Only LRD 4/29/09 0 9 18 #43064v17