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
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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:
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