Loading...
HomeMy Public PortalAboutPRR 16-2310Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Wednesday, September 7, 2016 7:44 AM To: Bill Thrasher, Rita Taylor, Renee Basel Subject: Follow up Record Request - Fwd: GS# 2262 (Inaccurate Water Bill at 2520 Avenue Au Soleil - record request) Attachments: GS# 2262 Inaccurate Water Bill at 2520 Avenue Au Soleil - record request _prod.pdf Dear Custodian of Records, Forwarded herein for your reference is your response to my record request which you have labeled GS #2262 In your response you advise me that there are no such records responsive to item #2 and #3 of my request. I find that difficult to believe because I cannot otherwise account for the Town's excessive water bill claim against my home. I therefore re-examined my request and I find that perhaps I did not ask quite the right way in order for you to produce records responsive to my request. I therefore will try asking again but this time in a slightly different way with the hope that this follow up request is sufficiently worded for success. I make this request with the same terms, conditions, references and admonitions as my previous request. I ask to inspect the public records of documents related to any change* to the Town's Water System** in the last 12 months. *The word "change" as used above is intended to mean not doing something that used to be done before, doing something different than the way it used to be done before, or doing something in a new way instead of the way it was done before. The word is not intended to mean any increase or decrease in something such as an amount of payroll, budget, customers or similar items that may fluctuate from day to day. **The phrase "Town's Water System" as used above is intended to mean the process, method or procedure of buying, processing, delivering, monitoring, calculating consumption of, or billing for, potable water to properties in Gulf Stream. May I hear from you soon? Sincerely, Chris O'Hare ---------- Forwarded message ---------- From: Bill Thrasher <bthrasher(@gulf-stream.org> Date: Fri, Jul 8, 2016 at 1:28 PM Subject: GS# 2262 (Inaccurate Water Bill at 2520 Avenue Au Soleil - record request) To: "chrisoharegulfstream(7a gmail.com"<chrisoharegulfstream(n),gmail.com> TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 9, 2016 Chris O'Hare [mail to: chrisoharegulfstream(oDgmail.coml Re: GS #2310 (Follow up Record Request - Fwd: GS #2262 (Inaccurate Water Bill at 2520 Avenue An Soleil - record request)) I ask to inspect the public records of documents related to any change* to the Town's Water System** in the last 12 months. *The word "change" as used above is intended to mean not doing something that used to be done before, doing something different than the way it used to be done before, or doing something in a new way instead of the way it was done before. The word is not intended to mean any increase or decrease in something such as an amount ofpayroll, budget, customers or similar items that may fluctuate from day to day. **The phrase "Town's Water System "as used above is intended to mean the process, method or procedure of buying, processing, delivering, monitoring, calculating consumption of, or billing for, potable water to properties in Gulf Stream. Dear Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml, The Town of Gulf Stream has received your public records request dated September 7, 2016. The original public record request can be found at the following link: htti)://www2.gulf-stream.org/weblink/O/doc/101970/Pagel.asi)x Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Renee Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 15, 2016 Chris O'Hare [mail to: chrisoharegulfstreatnagmail.com] Re: GS #2310 (Follow up Record Request — GS #2262 (Inaccurate Water Bill at 2520 Avenue An Soleil — record request) I ask to inspect the public records of documents related to any change* to the Town's Water System" in the last 12 months. *The word "change" as used above is intended to mean not doing something that used to be done before, doing something different than the way it used to be done before, or doing something in a new way instead of the way it was done before. The word is not intended to mean any increase or decrease in something such as an amount ofpayroll, budget, customers or similar items that may fluctuate from day to day. **The phrase "Town's Water System "as used above is intended to mean the process, method or procedure of buying, processing, delivering, monitoring, calculating consumption of, or billing for, potable water to properties in Gulf Stream. Dear Chris O'Hare [mail to: chrisoharegulfstream(@gmail.com]: The Town of Gulf Stream has received your public records request dated September 7, 2016. Your original public records request can be found at the following link: http://www2.gulf-stream.orgYweblink/0/doc/101970/Pa el.asnx The response to your request can be found at the following links and we have also attached them for your convenience: hqp://www2.gulf-stream.org/weblink/O/doc/74893/Pagel.aslix hgp://www2.gulf-streatn.org/weblink/O/doc/99519/Pagel.aspx We consider this request closed. Sincerely, D " -_e R"Id JZ"" &.1d As requested by Rita Taylor Town Clerk, Custodian of the Records MuniBilling PO Box 484 San Francisco, CA Sold To: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 94104-0484 GULF I INet 30 Days Invoice Invoice Number: 419E Invoice Date: Dec 4, 2015 sates Kep Ill Shipping Method Ship Date Due Dale Airborne 1/3/16 Page: 1 Quantity Item Description Unit Price Extension onversion (Per Proposal) 1,850.00 raining Per Proposal 450.00 !st Quarter Fees 12/1/15-3/1/15 525.0 TOWN OF vUiLF ST REAM P.PAYMENT APPROVED .4 mount % a S. OD Date/;-)/ Check # 3 5 Date h Check/Credit Memo No: Subtotal 2,825.00 Sales Tax Total Invoice Amount 2,825.00 Payment/Credit Applied TOTAL 2,825.00 'OWN OF GULF STREAM OPERATING ACCOUNT 13454 12111;2015 To: Munibilling PO BOX 484 San Fmcisco, CA 94104-0484 DATE DESCRIPTION AMOU 4196 17 4e?015 utility s ftmxc 52,825.00 50.00 52,825.00 Tot2ls: 52,825.00 S0.00 52,825.00 W I-54640.513-10 Office Eq Supµ'Camputor-TN TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483.7427 (561) 2765116 PAy "Two thousand eight hundred twenty five and 00/100 Dollars" TO THE ORDER OF Munibilling PO BOX 484 San Francisco, CA 94104-0484 Redacted pursuant to FI. Stat. 119.071 (5)(b) II'❑ 134546■ � SUNTRUST BANK 63-215/631 %shield 13454 CHECK DATE CHECK NO. 12/11/2015 13454 CHECKAMOUNT $" 2,825.00 BILLING UTILITY BILLING SGLUTIUNS Utility Billing Software Proposal for: Town of Gulf Stream Submitted by MuniBilling San Francisco, CA / Reading, PA www.MuniBilling.com John Yergey iohn(a�munibillingxom (800) 259-7020 x 17 Page 1 of 11 MUNIBILLING Welcome to MuniBilling Thank you for taking the time to evaluate MuniBilling as your next utility billing software. We are confident that our product and service will exceed your expectations, and we stand behind our product 100%. If you have any questions at all, please do not hesitate to contact us. MuniBilling is a state-of-the-art utility billing system currently used by over 150 cities, counties, and private utility companies across the United States and Canada. After decades of working closely with municipalities, our founder recognized the need for a modern yet affordable solution to municipal billing. MuniBilling began as a custom program for a select few towns in Pennsylvania, but quickly grew to be a powerful yet flexible solution that could likely meet the needs of every town in America. Our software has been developed over the past 10 years, and continues to be updated multiple times every month to keep up with modern technology and stay ahead of our competition. MuniBilling is a cloud -based system with hundreds of configurable features, processes and reports, allowing for the greatest flexibility and customization available in the industry. Recent technology trends show cloud -based software is being widely adopted across all industries, as it can significantly reduce internal technology costs while increasing security, convenience, and efficiency in the work place. Key Features of the MuniBilling system: 1. Ease of Use — Our user experience is very intuitive and the entire system is easy to navigate, even for a new user or an infrequent user. Converting to MuniBilling can be done quickly and easily, and is often accomplished in a matter of weeks. The greatest convenience comes from being cloud -based software, which means you can use the most up to date software from any computer with an Internet connection, without having to download or install a thing. This also makes it very easy for our support team to help you with any questions that arise. 2. E -Billing & Customer Portal — MuniBilling provides you with fully integrated E - Billing which can immediately reduce your postage costs. This would be even more important should you choose in the future to switch to monthly billing. The Customer Portal allows your customers to login to their account to see their account details, make payments, and submit customer service requests. Your office personnel can also use the Customer Portal to send messages to your customers, distribute forms, and more, which can dramatically reduce time spent dealing with customers. 3. No Upgrade Costs — With MuniBilling you are always on the most recent version of our system. As we continue to add new features and enhancements they are immediately available to you. You will never pay an upgrade fee or be on an outdated version of the system. Page 2 of 11 MUNIBILLING 4. Security —Our system is hosted with Rackspace -a Fortune 100 Company. Your data is safe and secure. See Security & Disaster Recovery on page 10 for more information. 5. Support & Service — Our dedicated support team is available 12 hours a day, 5 days a week. Urgent matters are addressed 24/7. We take pride in taking care of our customers, our systems and our employees who take care of you. System Description: MuniBilling handles every aspect of your billing process from the collection of usage data, managing property and ownership information, receiving payments, assessing late fees, collection notices and even a customer portal which allows your customers to access their information. Your customers can have the option of receiving an E -bill and make and manage payments online. We have developed hundreds of customizable reports, features, wizards and shortcuts to streamline your workflow and save you valuable time. Every piece of your data is easily accessible and can be exported to a CSV (comma separated value) file for additional analysis. Our primary goal in any project is to understand your needs and work with you to configure a solution that both solves your business case and is the most cost effective solution. We look forward to working with your entire staff to make this the best system for you and your community. We want to work closely together forming a long lasting partnership that provides you with the best possible utility billing system and to provide customer support that is second to none. Our Approach to a Project Upon acceptance we review the proposal with the internal individual or individuals you assign to lead the project. We will develop a detailed written plan and review with your team. 2. Review — Present Plan and Schedule for Project — After completion of the above we will return a written plan and schedule to you for review outlining the project steps and requirements. 3. Modifications and Setup — Complete any required modifications outlined in the "Scope of Work", complete the basic company configuration and discuss any questions regarding the company configuration. 4. Conversion / Testing — Importing data and testing of the defined processes and items in the "Scope of Work" 5. Training / Orientation — Training of Personnel on the processes and procedures outlined in the "Scope of Work" document. Page 3 of 11 BILLING 6. Go Live —Plan for go -live date. Start Up Training and Assistance with Processes. Summary We look forward to the opportunity of working together. We want to provide you with the best solution and develop a long lasting relationship with you. We take pride in the MuniBilling system and strive to provide you with the best solution for your needs. Our team is dedicated to providing you with the best customer service in the industry. We take care of our system, we take care of our customers and we take care of our employees that take care of you. Page 4 of 11 MONIBILLING Proposal Cost Information Assumptions for the Cost Information 1. Number of Active Billed Accounts will be between 450-550 2. Training is based on a 'Train the Trainers" approach and is assuming training 1-3 individuals 3. Conversion costs are based on receiving required data as provided in data conversion templates in electronic format 4. Invoice modifications are modifications and customization that can be provided using a standard invoice template in MuniBilling. Modification Listed on the Scope of Work Document $ 0,000.00 / one-time Data Conversion & Setup $ 1,850.00 / one-time Training $ 450.00 / one-time Total One -Time Costs Monthly Subscription Cost Subscription Cost includes: $ 2,300.00 $ 175.00 / month System Maintenance and System Upgrades Technical Support for System Issues Subscription Cost does not include: Training for New Staff or Additional Existing Staff Additional Modifications not included in the Scope Document Page 5 of 11 MUNIBILLING Scope of Work Conversion and System Functionality This document serves to identify all tasks that will be performed for a successful conversion to MuniBilling, as well as any custom functionality to be completed as part of the initial conversion. Any conversion tasks or functionality not listed here including, but not limited to: ACH importlexport files, meter integration, 3rd party file transfers, lockbox integration, payment processor integration, accounting software integration, GIS software integration, custom reports, custom data exports, may incur additional charges that will be quoted as needed. Support Agreement All MuniBilling customers receive unlimited phone and email support from 8:OOAM ET to B:OOPM ET Monday through Friday as part of the monthly subscription cost. Support includes: • Questions about software functionality: how to use any feature of the system, advice on best practices, reporting questions, any problems that may arise from using the system • Issues or questions relating to any integration that is quoted in this document or quoted at a later time including but not limited to; ACH import/export files, meter integration, 3rd party file transfers, lockbox integration, payment processor integration, accounting software integration, GIS software integration. Issues or questions relating to custom features quoted in this document or at a later time including but not limited to: custom reports, custom data exports, custom system functionality. Out Of Scope Work Additional integration work: • We understand that after converting to MuniBilling additional new or change to existing integration work may be required including integrating with payment processors, lockbox processing, meter integration or any other new or changing software integration. In the event additional integration work is required that is not in the scope of this document, a new quote will be prepared outlining the scope of work to be approved by the client. Page 6 of 11 MUNIBILLING New system functionality: • We are constantly improving MuniBilling and will always accept suggestions for improvement to the system. Often suggestions are implemented and made available to all clients for free, and this is one of the many benefits of using cloud - based software. However, occasionally a specific custom feature may be required after converting to MuniBilling that is time sensitive and needed only for one client. In this event a new quote will be prepared outlining the scope of work to be approved by the client. Additional data migration: • Any data migration tasks not included in the Conversion Tasks section of this document including but not limited to: bill/payment history, meter reading history, customer deposits, and any additional data fields. • A change to the data migration tasks listed under the Conversion Tasks section of this document including but not limited to: changing the categorization of customer accounts, reassigning rates, moving or changing any data already migrated. • In the event additional data migrations, or a change to the original data migration is needed a new quote will be prepared outlining the scope of work to be approved by the client. Re-training staff: • User training is included in this quote, as well as all ongoing support. If, however, all users at the site are terminated or replaced and not trained by the outgoing staff member(s) MuniBilling will provide comprehensive training at the original training price included in this quote. Conversion Tasks All tasks listed below are included in the quoted price for conversion and ongoing subscription to MuniBilling. • Migrate customer data • Migrate bill/payment history • Migrate meter information • Migrate meter reading history • Migrate customer deposits (if applicable) • Configure rates, billing types, accounting setup, segregation of customer accounts by geographic or other requirements Page 7 of 11 BILLING t have read and agree to the above Scope of Work. Each party has caused its authorized representative to execute this Agreement as of the Effective Date. Customer NamHer By: W,&_ # ' ` Name Name:—1 C-0 G -t W f -bre, — Title: N.,r Page 8 of 11 MuniBilling By: /0 ,4. YerYy Name: John A. Yergev Title: President BILLING Service Level Information Planned Maintenance is communicated in advance. Planned maintenance and updates are done on Wednesday evenings at 10:30 PM EST. The system will be unavailable for up to an hour at that time. Hours of Availability for online access to the MuniBilling system is 24/7 outside of planned maintenance as described above. Service Metrics Critical or Serious Issue — Response targets are less than 1 hour with resolution or workaround within 8 business hours. Moderate Issue — Response targets are less than 2 hours and resolution or workaround within 16 business hours. Minor Issue — Response target is within 8 business hours and resolution or workaround provided within 2-3 weeks on next scheduled update or maintenance. Page 9 of 11 ':BILLING Security & Disaster Recovery Chief Technology Officer: Josh Harris I Iosh(cDmunibilling.com Description of MuniBilling's Technologies Web Servers: • 256 bit SSL Secured Traffic • Redundant / load balanced to ensure speed and stability • Full server backups made daily • All servers are hosted and supported by Rackspace (www.rackspace.com), a top choice of Fortune 100 companies. Read more about the high level of security, compliance and controls applied to our servers: http://www.rackspace.com/securitv/management Database: • Real time transactional backups and full hourly backups, stored for 30 days • MySQL, a reliable and trusted database used by companies like Zappos and Adobe. • Stored on secure servers, your data can never be accessed by anyone else Software Development: • All changes are communicated to all customers prior to deployment • Free updates performed several times per month • You are always on the latest version without having to install anything • Engineers at MuniBilling are constantly working to keep the software up to date so you do not have to worry about security and compatibility with your computers Disaster Recovery: • Full database backups are performed hourly on disk (in virtual hosted server) and database backups are moved every 6 hours to Rackspace Cloud File storage. The greatest possible loss of data is not more than one hour at any given time. A loss of the primary database server only would result in virtually no loss of data at all because of real time transactional mirroring of data. • Both virtual server storage and Cloud File storage is redundant and hosted with Rackspace at the Dallas, TX data center. • All servers involved in hosting MuniBilling are also backed up daily to Cloud File storage. All backups are retained for 30 days. • MuniBilling has a managed support level agreement with Rackspace (http://www.rackspace.com/cloud/mana-ged cloud/) that offers 24/7 support in the event of a server failure. Rackspace personnel will be involved immediately in the event of a server failure. If, under extraordinary circumstances, Rackspace has a complete failure of servers at their Dallas, TX data center, our servers will be brought back online at another one of their US based data centers as soon as possible. Page 10 of 11 MUNIBILLING Rackspace has been able to offer 100% uptime for their Cloud Server platform (http://www. rackspace. com/information/legal/cloud/sla?page=cloudsites#cloud—s ervers_sla), which is where MuniBilling is hosted. In addition to the disaster recovery support that Rackspace offers, MuniBilling personnel will be involved to ensure that services are restored as quickly as possible. MuniBilling engineers are on a rotating on call schedule to ensure a resource is available in the event of any problem including nights and weekends. If you have any questions regarding the above information please feel free to contact me at your convenience. Josh Harris — Chief Technology Officer josh@munibilling.com (800) 259-7020 x15 Page 11 of 11 th/lit; €{ oTBILLINB ILL[ NG aG Customer Enrollment Form 'Required fields Convenience Fee Program 1. CUSTOMER PROFILE Business DBA Town of Gulf Stream Name: 'Business Legal Town of Gulf Stream Name: -Physical Address: 100 Sea Rd.. I •Fed Tax ID: 59-6002370 I OCarp CILLC z Gavemmenl OSOtc Olndlvlduall5ole PraP OPannership *City, Stale, Zip: Gulf Stream, FL 33483 *Authorized Representative: William H. Thrasher *Mailing Address: 100 Sea Road Mailing Address: 100 Sea Road *City, Stale, Zip: Gulf Stream, FL 33483 City, Stale, Zip: Gulf Stream, FL 33483 'Website: www•oulf- I •Support 561-27fi- *Date of I I blhrasher@gulf-stream.org str am.o Phone: 5116 Birth: -Email *Primary Contact Name: Rebecca Tew Drivers License: State: 'Phone: 561 -276 -Email: rtew ulf- SSN: Phone: 5116 slream.oro 'Services Sold: w.re,, rra.n Billing Cyce; l *Avg. Invoice Amt: 300.00 #Invoices : 585 LI Monthly ❑ Quarterly X Other _ Max. Invoice Amt: 300.00 Billing Software Provider: muni lMg ' $Invoices: Approx . $240,000.00 'Have you taken Credit Cards Before? Expected Monthly Credit/Debit Card Expected Monthly Check/ACH _. _ X Yes ❑ No •$ Volume S1,5D0.0_0_ •$ Volume _ _ _ __$1,500.00 AMFJ(# # Transactions <5 + '# Transactions <5 INFORMATION2. FEES & BILLING Set-up/Monthly Fees: SAccount Fee: et -Up Fee: $ Waived Gateway Fee: $ Waived Monthly $0,00 FeBill Invoicing: $Waived iY'kir?;naq:r; Online entered Debit and Credit Card Transactions (Convenience Fee Rate paid by customer) $2,99 Online WebleCheck Payments (Convenience Fee Rate paid by customer) $0.50 ACH Fee - mailed In Check payments (Absorbed Per Item Fee paid by merchant Mini MlcrReaderreq.) $0.50 IVR Phone Check or Card Payment ❑ Convenience Per Item Fee O Absorbed Per Item Card Chargeback/Retrleval Per Item Fee (Absorbed Per Item Fee paid by merchant) $25.00 Check ACH ReturnlReversal Per Item Fee (Absorbed Per Item Fee paid by merchant) $0.50 Compliance Fee ❑ Monthly ❑ Annual Waived Equipment Fee ❑ Card Swiper ❑ Check MICR Reader ❑ Combo Check MICR Reader/Card Swiper $ AMEX Item Processing Fee: N/A 3. •- On -Line B111 Integrated ❑ SBP Virtual Terminal 13Recurring Billing Presentment ❑ Manual Upload ❑ Smart Screen ❑ CC ❑ ACH ❑ Other: •- Name j Suntrust Routing # Account # 1 Voided Letter Check Bank Atttache L achedd Redacted pursuant to FI. Stat. 119.071 (5)(b) Singular Payments 1100 Plantation Island Dr. S., Suite 210 St. Augustine, FL 32080 salesinfo(a)sinoularoayments.com Toll Free: 877.829.2170 Fax: 877.829.2169 SLTW&UST January 5, 2016 To whom it may concern: Lucy nlGirolamo Relationship Specialist Hove Cap We Help ynu Shine? Re: SunTrust Bank Client Account and ABA routing numbers Suntrust Bank 515 East Las Olas Blvd 71h Floor FL Lauderdale, F133301 Te1954.765.7535 Fax 954.765.7240 Lucy.alGirolamo®Sun trustorm I am confirming SunTrust has an account for the client listed below and the following information is accurate. The type of transactions drives the ABA routing numbers as further described below: The account number is Redacted pursuant to FI. Stat. 119.071 (5)(b) Account name: Town of Gulf Stream Routine numbers: ACH, GFT or Domestic Wire transactions :- International Wire transaction Swift or BIC code: Regular Account Check transaction: If you have any questions please do not hesitate to call me at 954.765.7535. Thank you for your assistance. Sincerely, Lucy DiGirolanno, Relationship Specialist SunTrust Bank MERCHANT SERVICES AGREEMENT for SUB MERCHANTS In connection with Town of Gulf Stream, FL ("Merchant') agreement with SINGULAR PAYNIENTS, LLC ("Provider"), Vantiv, LLC and its designated Member Bank (collectively "Vantiv") will provide Merchant with certain payment processing services ("Services') in accordance with the terns of this Merchant Services Agreement. In consideration of Merchant's receipt of credit or debit card funded payments, and participation in programs affiliated with MasterCard International Inc. ("MasterCard"), VISA U.S.A. Inc. ("VISA"), Discover ("Discover"), and certain similar entities (collectively, "Associations), Merchant is required to (f) enter into a direct relationship with an entity that is a member of die Associations and (ii) agree to comply with Association rules as they pertain to applicable credit and debit card payments. By executing this Merchant Services Agreement, Merchant is fulfilling the Association rule of entering into a direct relationship with a Member of the Associations; however, Vantiv understands that Merchant may have contracted with Prodder to obtain certain processing services and that Provider may have agreed to be responsible to Merchant foralt orpart of Merchant's obligations contained herein. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises contained herein, the patties agree as follows: I. Certain Merchant Responsibilities. hlercluum agrees to participate, and to cause third parties acting as hfetchant's agent ("Agents"), to participate, in the Associations in compliance with, and subject to, the by-laws, operating regulations and/or all other rules, policies and procedures of the Associations (collectively "Operating Regulations"). Merchant also agrees to comply with all applicable state, federal, and local laws, rules, and regulations ("Laws"). Without limiting the foregoing, Merchant agrees that it will fully comply with any and all confidentiality and security requirements of the USA Patriot Act (or similar law, rule or regulation), VISA, MatetCard, Discover, and/or Other Networks, including but not limited to tine Payment Cart) Industry Data Security Standard, the VISA Cardholder Information Security Program, die MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations. For purposes of this section, Agents include, but are not limited to, Merchant's sollware providers and/or equipment providers. If appropriately indicated in Merchant's agreement with Provider, Merchant may be a limited -acceptance Merchant, which means flat Merchant has elected to accept only certain Vim and MasterCard card types (i.e., consumer credit, consumer debit, and commercial cards) and must display appropriate signage to indicate the same. Vantiv has no obligation other dim those expressly provided under die Operating Regulations and applicable lav as they may rclate to limited acceptance. Merchant, and not Vantiv, will be solely responsible for the implementation of its decision for limited acceptance, including but not limited to policing die cart! I)pe(s) accepted at die point of sale. Merchant shads only complete sales transactions produced as die direct result of bona fide sales made by Alerchant to cardholders, and is expressly prohibited from processing, fictaring, laundering, offering, and/or presenting sales transactions which are produced as a result of sales made by any person or entity other than Merchant, or for purposes related to financing terrorist activities. Merchant may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions: i) the minimum transaction amount does rat differentiate between cant issuers; ii) the minimum lmnsaction amount does not differentiate between MasterCard, Visa or any other acceptance brand; and iii) the minimum transaction amount does not exceed ten dollars (or any higher amount established by the Federal Reserve). Merchant may set a maximum transaction amount to accept a card that provides access to a credit account, under the following conditions: Merchant is a i) department, agency or instrumentality of the U.S. government; ii) corporation owned or controlled by die U.S. government; or iii) Merchant whose primary business is re0ected by one of tie fallowing MCCs: 8220, 8244, 8249 —Schools, Trade or Vocational; and the maximum transaction amount does not differentiate between MasterCard, Visa, or any otheraceeptance brand. 2. Memboat Probibitlons. Merchant must not i) require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card expiration date, signature, or any other card account data in plain view when mailed, ii) add any tae to transactions, unless applicable law expressly requires that a Merchant impose a tat (any tae amount, if allowed, must be included in the transaction amount and act collected separately), iii) request or use an account number forany purpose other than as payment for its goods or services, iv) disburse funds in the farm of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services from Merchant, v) disburse funds in the farm of cash unless Merchant is dispensing funds in the farts of travelers checks, Tmvelhfoney cards, or foreign currency (in such case, die transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee charged by the Merchant), or Merchant is participating in a cash back service, vi) submit any transaction receipt for a transaction that was previously charged back to the acquirer and subsequently reamed to Merchant, irrespective of cardholder appmvvl, vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt, viii) accept a card to collect or refinance an existing debit that has been deemed uncollectable by Merchant, or ix) submit a transaction that represents collection ofn dishonored check. Merchant further agrees that, under no circumstance, will Merchant store cardholder data in violation of the laws or die Operating Regulations including but not limited to the storage of track -2 data. Neither Merchant nor its Agent shall retain or stare magnetic -stripe data subsequent to die authorization of a sales transaction. 3. Settlement. Upon receipt of Merchant's sales data for card transactions through Provider Services, Vantiv will process Merchant's sales data to facilitate the funds transfer between the various Associations and Merchant. Ager Vantiv receives credit for such sales data Vantiv will fund Merchant, either directly to the Merchant -Owned Designated Account or through Provider to an account designated by Pmvider ("Provider Designated Account'), at Vantiv's sale option, for such card transactions. Merchant agrees drat the deposit of funds to the Provider Designated Account shall discharge Vantiv of its settlement obligation to Merchant, and that any dispute regarding the rmipt or amount of settlement shall be between Provider and Merchant. Vantiv will debit the Provider Designated Account for funds owed to Vantiv as a result of the Services provided hereunder, unless a Page 1 of 2 Redacted pursuant to FI. Stat. 119.071 (5)(b) I h(erchant-owned account is otherwise designated below. Further, if a cardholder disputes a transaction, if a transocti is hargcd back for any reason, or if Vantiv reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such ma ion may be charged back and debited from Merchant or Provider. Merchant -Owned Desig*-�ras— Name of Bank: ABA No.: Account No.: Account Name:r>P-(ren„r, 4. Term and Termination This Marchant Services Agreement shall be binding upon Merchant upon Merchant's execution. The term of this Merchant Services Agreement shall begin, and the terms of the Merchant Services Agreement shall be binding upon Vantiv, an die date Vantiv accepts this Merchant Services Agreement by issuing a merchant identifiolion number, and shall continue until either party gives at least thirty (30) days prior written notice to time abler party. Notwithstanding the foregoing, Vantiv may immediately cease providing Senices and/or terminate this Merchant Services Agreement without notice if (i) Merchant or Provider fails to pay any amount to Vantiv when due, (ii) in Vantiv's opinion, provision of a service to Merchant or Provider may be a violation of the Operating Regulations, or any applicable state, federal, or local laws, rules, and regulations ("Laws'), (iii) Vantiv believes that Merchant has violated or is likely to violate the Operating Regulations or die Laws, or iv) Vantiv is required to do so by any of the Associations. 5. Limits or Liabflin. Merchant agrees to provide Vantiv with written notice, specifically detailing any alleged failure, within thirty (30) days of the date on which die alleged failure or error first occurred; failure tow provide notice shall be deemed an acceptance by Merchant and a waiver of any and all rights to dispute such failure or error. Vantiv shall bear no liability and have no obligations to correct any errors resulting from Merchant's failure to comply with the duties and obligations of the preceding sentence. Vantiv's liability related to or arising out of this Merchant Services Agreement shall in no event exceed 55,0110. hferclanfs sole and exclusive remedy for any and all claims against Vantiv arising out of or in any way related to die transactions contemplated herein shall be termination of this Merchant Smices Agreement Merchant acknowledges that Vantiv is not liable for any action or failure to act by Provider, and that Vantiv shall imve no liability whatsoever in carinection with any products orservices provided to Merchant by Provider. fi. miscellaneous. This Merchant Services Agreement is entered into, governed by, and constmed pursuant to the laws of the State of Ohio without regard to conflicts of law provisions. This Agreement may not be assigned by Merchant without the prior written consent of Vantiv. This Agreement shall be binding upon and inum to die benefit of the parties hereto and their respective successors, transferees and assignees. This Agreement is for the benefit of, and may be enforced only by, Vantiv and Merchant and is not far the benefit of, and may not be enforced by, any atter party. Vantiv may amend this Merchant Services Agreement upon notice to Merchant in accordance with Vantiv's standard operating procedure. , If any provision of this Agreement is determined to be illegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Merchant Services Agreement will be construed as if such prevision is not contained in lite flgreement "Member Bank" as used in this Merchant Senices Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Merchant Services Agreement. As of the commencement of this Merchant Services Agreement, Member Bank shall be Fiflh Third Bank, an Ohio Banking Corporation, located at 38 Fountain Square Plaza, Cincinnati, OH 45263. The Member Bank is a party to this Merchant Services Agreement. The Member Bank may be changed, and its rights and obligations assigned to another parry by Vantiv at any time without notice to Merchant. IN WITNESS WHEREOF, this Merchant Services Agreement has been executed by the parties' authorized officers as of die data set firth below. Towtio By: Name: Title: Date: Address: SINGULAR PAYMENTS, LLC By: Name: Title: Date: Address: Page 2 of 2