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City of Tamarac Resolution R-2011-107
Temp. Reso. #12092 Page 1 September 8, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-20111 cJ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD AND EXECUTE AN AGREEMENT WITH ELAVON, INCORPORATED FOR THE PROVISION OF MERCHANT CREDIT CARD PROCESSING SERVICES PROVIDING FOR A TERM OF FOUR (4) YEARS WITH ONE (1) ADDITIONAL ONE (1) YEAR RENEWAL TERM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City currently utilizes merchant credit card processing services to a provide residents with the ability to pay bills and fees with credit and debit cards; and WHEREAS, the current merchant credit card processing services agreement will expire on October 25, 2011; and WHEREAS, on July 10, 2011, and July 17, 2011, Request for Proposal No. 11- 31 R was advertised in the Sun Sentinel and on the City's web -site, included herein as Exhibit 1 herein; and 2011: WHEREAS, submittals were received from the following four (4) firms on July 27, • Automated Merchant Systems (AMS) Bank of America • Elavon, Inc. TD Bank, N.A. WHEREAS, the evaluation committee consisting of the Controller, the Customer Temp. Reso. #12092 Page 2 September 8, 2011 Service Supervisor, the Accountant, the Community Services Manager and the IT Systems Specialist facilitated by the Purchasing and Contracts Manager conducted an extensive evaluation of the proposals and received oral presentations from all four (4) firms; and WHEREAS, the proposal and presentation provided by Elavon, Inc. scored the highest on the final evaluation on the basis of the evaluation criteria, including cost of services, quality of response, high quality of customer service, experience in governmental banking and merchant credit card processing; and WHEREAS, the Merchant Credit Card Processing Services Selection Committee after due consideration ranked Elavon, Inc. as the most competitive proposal, as its first choice, a copy of the Evaluation results are included herein as Exhibit 2; and and WHEREAS, the city staff entered into negotiations with Elavon, Incorporated; WHEREAS, the Director of Financial Services and the Purchasing and Contracts Manager recommend the appropriate City officials be authorized to enter into an agreement with Elavon, Inc. to provide merchant credit card processing services estimated at an annual cost of $79,000, a copy of the Elavon proposal is included herein as Exhibit 3; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide for the Temp. Reso. #12092 Page 3 September 8, 2011 acceptance and execution of the Agreement for the provision of merchant credit card processing services with Elavon, Inc. for a period of four (4) years with one (1) one (1) year renewal option, a copy of said Agreement is included herein as Exhibit 4). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS' clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept and Award Request for Proposal No. 11-31 R, and execute an Agreement with Elavon, Incorporated for the provision of merchant credit card processing services for a period of four (4) years with one (1) one (1) year renewal option, (Exhibit 4). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #12092 Page 4 September 8, 2011 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: PETER M. J. RICH DSON, CRM, CMC CITY CLERK. AMAR •, ,� of • qc , U ; �.�S\A51) :ES�P�gg3 � O, 44. C) . I HEREE 'RTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY day of , 2011. PAMELA BUSHNEL MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHNELL -� DIST 1: COMM. SWE SON DIST 2: V/M GOMEZ� DIST 3: COMM. GLASSIfIRi DIST 4: COMM. DRESSLEZ�C/ `1 1 r TR 12092 Exhibit 1 • • NOW RFP 11-31R MP MO 0 .Y 27, 2011 Issued on behalf of the Financial services Department City of Tamarac Purchasing & Contracts Division 7625 NW 8e Avenue Roam '108 Tamarac, Florida 33321-2401 (954) 597-3570 • PURCHASING AND CONTRACTS DIVISION Date: July 5, 2011 REQUEST FOR PROPOSALS RFP 11-31R ALL QUALIFIED PROPOSERS: RFP NO. 11-31R Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM local time, Wednesday, July 27, 2011 for: MERCHANT CREDIT CARD PROCESSING SERVICES The City is soliciting proposals on behalf of the Financial Services Department to obtain the services of a qualified firm to provide Merchant Credit Card Processing Services. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or.hand delivery, on or before the date and time referenced above. Any Proposals received after 2.00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at ht ://www,tamarac.or /cit -de artments/financial-serviced urchasin /current- solicitations.as x. For inquiries, contact the Purchasing Office at (954) 597-3570. Keith K. Glatz, CPPO, FCPM Purchasing and Contracts Manager Publish Sun -Sentinel: Ju�O., 2011 and July 17, 2011 Srit'o6we( .46aya," 7525 N.W. 881h Avenue I Tamarac, Fbrida 33321.24011 R 954,597.35701 F: 954.597.3565 E011,Rl.0PP0ATVN17Y EMPLOYER City of Tamarac Puirbasing and Contracts REQUEST FOR PROPOSALS RFP 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. I. INTRODUCTION The City is soliciting proposals on behalf of the Tamarac Financial Services Department to obtain the services of a qualified firm to provide Merchant Credit Card Processing Services. II. INFORMATION For Information pertaining to this Request for Proposals (RFP), contact Keith Glatz, Purchasing & Contracts Manager, at (954) 597-3570 The Project Manager will be the City Controller, Christine Cajuste, Controller, (954) 597-3553. Such contact shall be for technical clarification purposes only, and shall be routed through the Purchasing & Contracts Manager. Material changes, if any, to the scope of the proposal or proposal procedures will be transmitted only by written addendum. It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 597- 3565 or email to kgitl(6ltamarac.org . III. SCHEDULE OF EVENTS The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued Deadline for Written Questions Deadline for Receipt of Proposals Evaluation of Proposals Presentations by Short-listed Proposers (if applicable) Final Ranking of Firms • July 6, 2011 July 22, 2011 • July 27, 2011 July 27, 2011 to August 16, 2011 August 17, 2011 August 25, 2011 Anticipated Award by Commission SepiaTWI4,2011 All dates are tentative. City reserves the tight to change scheduled dates. 0 _--------_._ .-____..-.-.._ _ .. City of Tamatc _.--.____--_-_._-_-W._ .. ----------- Purchasing and Contracts IV. INSTRUCTIONS TO PROPOSERS take any other actions that may be deemed to be in the best Interest of the City of Tamarac. Any and all special conditions in this RFP or any sample agreement document that may Our Vlslon and Mission be in variance or conflict with these General Terms and Conditions shall have precedence Our vision: The City of Tamarac, our community of over these General Terms and Conditions. If choice - leading the nation in quality of life through no changes or deletions to General safe neighborhoods, a vibrant economy, exceptional Conditions are made in the Special customer service and recognized excellence. Condtions, then the General Terms and Conditions shall prevail in their entirety. Our Mission: We Are "Committed to Excellence. �, Always"it is ourjob to foster and create an environment DEFINED TERMS that Terms used in these Instructions to Proposers Responds to the Customer are defined as follows: Creates and Innovates Works as a Team 2.1 "Offeror' - one who submits a Achieves Results, and Proposal in response to a solicitation, Makes a DfJlerence as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. In the fuMllment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency 2.2 "Proposer" - one who submits a and quality service. Proposal in response to a solicitation. The terms "Offeror" and proposer" Our vendors are truly partners in meeting these are used interchangeably and have commitments to the community, and in support of that the same meaning. vision and mission, we are committed to ensuring that qualified, competitive vendors who share our 2.3 "Sucomm ul Proposer" - the commitment to quality, efficiency, teamwork and qualified, responsible and responsive customer service are employed to provide goods and Proposer to whom City (on the basis services to the City. Our vendors are expected to deliverhigh quality products and efficient service that is of Cites evaluation as hereinafter provided on time and as ordered; in a manner that provided) makes an award. improves the overall value of the services that the City 2.4 "City" - the City of Tamarac, a provides to its res(dentsIn addition, we expect our vendors to work with the City as a team, and exhibit the municipal corporation of the State of highest level of inteeg* when dea ling with any office or Florida department of the Clty. 2.5 "Proposal Doouuments"-the Request Diligence in the execution of the requirements of this for Proposals, Insh udions to proposal will ultimately contribute to the overall quality Proposers, Proposers Qualifications of services provided to the entire community. The City Statement, Non -Collusive Affidavit, Is searching fora Nun who will exemplify these ideals in Certified Resolution, Vendor Drug - the execution of their work, and the successful firm w#1 Free Workplace, Peers Proposal, be measured against the performance standards outlined in this bid invitation. Proposal Security and Specifications, I any, and the proposed Contract Documents (including ail Addenda 1. GENERAL TERMS AND CONDITIONS Issued prior to opening of Proposals). These General Terns and Conditions apply to all offers made to the City of Tamarac by all prospective Proposers, including but not 2.6 *Contractor" - the Individual(e) or limited to, Requests for Quotes, Requests far Mn(s) to to whom the the award is made Proposal and Requests for Bid. As such the and executes the Contract words "bid", "proposal" and "offer' are used Documents. Interchangeably In reference to all offers submitted by prospective Proposers. The City CONDITIONS of of Tamarac reserves the right to reject any or Where there appears to be variances or all proposals, to waive any Informalities or conflicts between the General Terms and Irregularities in arty proposals received, to re- Conditions and the Special Conditions and/or advertise for proposals, to enter Into contract Scope of Work outlined in this proposal, the negotiations with the selected Proposer or Special Conditions and/or the Scope of Work 4 City of Tarnaruc4Y-'_.....__. shall prevail. 4. MANDATORY PRE -PROPOSAL CONFERENCE The City shall conduct a Mandatory Pre - proposal Conference at the date and time indicated herein. Failure to attend the Pre - proposal will be grounds for proposal rejection. 5. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS 5.1 The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice Is to prevail. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. 5.2 For the purpose of evaluation, the Proposer must Indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreled to mean that the Proposer meets all the requirements in every respect. 8. INTERPRETATIONS AND ADDENDA If the Proposer believes that the General Conditions, Special Conditions and/or Specifications contain errors, contradictions or obvious omissions, the Proposer should submit a written request to the Purchasing Office for interpretation or clarification. Such request must reference RFP name and number, and should be received by the purchasing Office at least ten (10) calendar days prior to the Proposal opening date, or prior to any deadline specified in the "Schedule of Evenfe" as may be provided herein. Questions received less then ten (10) calendar days prior to the Proposal opening, or the deadline specified by the "Schedule of Events" herein, whichever is sooner, may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a written addendum transmitted via either fax or email to all parties 1.1 7. 8. Purchasing and Contracts recorded by the Purchasing Office as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. Proposer may contact the Purchasing and Contacts Manager by telephone reg"ng any questions related to clarification of information contained within this RFP. The Purchasing and Contracts Manager may then authorize the Proposer to contact the designated project confect, as may be appropriate to the individual situation. COSTS AND COMPENSATION 7.1. Costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 7.2. All costs and oompensation shall remain firm and faced for acceptance for 60 calendar days after the day of the Proposal opening. • 7.3. The price proposal shall include all franchise fees, royalties, license fees, 40 etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS 8.1 Firm Pricing: Prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, prices shall be fated and firm for a period of sixty (60) calendar days. Payment will be made only after receipt and acceptance of services. 8.2 Pay t All payments shall be governed by the Local Govemment Prompt Payment Ad, F.S. Chapter 218. 8.3 Payments by ElectWIC Fund Transfer: The successful contractor will be required to accept payments by direct deposit via electronic funds transfer. Vendors are strongly encouraged to pre - register to receive payments by City ot Tamarac PurchaSing and Contracts direct deposit. Registration may be 13. DOCUMENTS TO HE SUBMITTED WITH accomplished by accessing the City PROPOSALS of Tamarac web -she at htto://www.tamarac.oro/dty- The proposer shall submit documents as decartmentst inancial- required to be submitted for this proposal as servicesiour+chosing/reglster--for- enumerated herein. Failure to include a directt deposi dagY,mentesox for technical proposal, cost proposal, bid surety (if more information. required below), or any other document that, 9. NON -COLLUSIVE AFFIDAVIT by its omission, may prejudice the rights of other respondents, may result In immediate Each Proposer shall complete the Non- rejection of your proposal. Other forms or Collusive AtAdevit form and shall submit the documents which, by their nature do not impact price or the Proposer's cost of doing form with their Proposal. City considers the business should accompany the Proposal, failure of the Proposer to submit this document but must be provided within three (3) may be cause for rejection of the Proposal. business days of the City's request to be considered responsive. 10, PUBLIC ENTITY CRIMES In a=WIl= with Florida Statutes fi287.1 a3 14. SUBMISSION OF PROPOSALS l)(a): A person or affiliate who has been 14.1 Proposals must be typed or printed in placed on the convicted vendor list following a ink. AN corrections to prices made by conviction for public entity crime may not the Proposer should be initialed. submit a bid on a contract to provide any goads or services to a public entity, may not 14.2 All proposals shall be submitted in the submit a bid on a contract with a public entity English language, and pricing for the construction or repair of a public expo in U.S. Dollars. building or public work, may not submit bids on leases of real properly to public entity, may 14.3 Proposals must contain a manual not be awarded or perform work as a contractor, supplier, subcontractor, or con signature of a corporate officer or consultant under a contract with any public designee with the proven authority to entity, and may not transact business with any bind the firm in matters of this nature. public entity in excess of the threshold amount The address and telephone number provided in Florida Statutes §287.017 for for any communications regarding the Category Two, for a period of 36 months from Proposal must be included. the date of being placed on the convicted vendor list. 14.4 Proposals shall contain an 11. CONFLICT OF INTEREST acknowledgment of receipt of all addenda. The award of any contract hereunder is subject to the provisions of Chapter' 112, Fords 14.5 Proposals by corporations must be Statutes. Proposers must disclose with their executed in the legal Proposal the name of any officer, director, President name by the President or other partner, proprietor, associate or agent who Is corporate officer, accompanied by also an officer or employee of City or any of its evidence of au ny to sign. agencies. Further, all Proposers must disclose Evidence of authority shall be the name of any officer or employee of City who prided on the enclosed Certified owns, directly or indirectly, an interest of five Resolution form, or by the compares percent (5%) or more in the Proposers firm or awn Corporate Resolution. any of Its branches or affiliate companies, 14.6 Proposals by partnerships must be 12. PERFORMANCE BONDS AND INSURANCE executed in the partnership name and signed by a partner, whose title must Upon award of a contract, the Successful appear under the signature. Proposer, as required within the scope of the solicitation, may be required to submit 14.7 Proposals shall be submitted to the performance bonds and/or payment bonds. Purchasing on or before the Proposer shall provide motes of insurance in the Request for time indicated n in the manner, form and amount(s) specified. Proposals. Proposals shall be submitted in a sealed envelope (famed proposals will not be accepted under 6 City of Tamarac 16. any circumstances). The envelope should be dearly marked on the exterior with the applicable solicitation name and number. The envelope should state the name and address of the Proposer and should be include all documents as specified in the Request for Proposals. Purchasing and Contracts Division staff is not responsible for the premature opening of a Proposal that is not properly addressed and identified. 14.8 In accordance with Florida Statutes, Chapter §119.07(1)(s) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses thereto are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential and/or proprietary which may be considered exempt under Florida Statute §119.07(t). 14.9 All Proposals received from Proposers In response to the Request for Proposals will become the property of the City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 14.10 The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of proposal preparation and/or presentation. MODIFICATION AND WITHDRAWAL OF PROPOSALS 15.1 Proposals may be modified or withdrawn by a duly executed document signed by a corporate officer or other employee with designated signature authority. Evidence of such authority must accompany the request forwithdrawal or modification. The request must be 7 Purchasing and Contracts delivered to the Purchasing Office at any time prior to the deadline for submitting Proposals. Withdrawal of a Proposal will not prejudice the rights of a Proposer to submit a row Proposal prim to the Proposal opening date and time. No Proposal may be withdrawn or modified after the date of proposal opening has passed. 16.2 If, within twenty-four (24) hours after Proposals are opened, any Proposer files a duly signed, written notice with the Purchasing Office, and within five (6) calendar days thereafter demonstrates to the reasonable satisfaction of the City, by dear and convincing evidence, that there was a material and substantial mistake in the preparation of Its Proposal, or that the mistake Is dearly evident on the face of the Proposal, but the intended correct Proposal Is not similarly evident, Proposer may withdraw its Proposal and any bid security will be returned. Thereafter, the Proposer will be disqualified from further bidding on the subject Contrail. 16. REJECTION OF PROPOSALS 16.1 To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all Proposals, to waive any and all lydbrmalitles not Involving price, time or changes in the work with the Successful Proposer, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals wiq be considered irregular and may be rejected If they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or Irregularities of any kind. 16.2 City reserves the right to reject the Proposal of any Proposer If City believes that it would not be in its best interest of to make an award to that Proposer, whether because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any City of Tarnmac Purchasing and Contracts other pertinent criteria established by respect to the work and services City within the scope of the described herein. solicitation. 18.2 Proposer shall obtain at Proposer's 17. QUALIFICATIONS OF PROPOSERS expense all necessary insurance in 17.1 Each Proposer shall complete the such form and amount as may be Proposers Qualifications Statement specifically required by this proposal and submit the form with the or by the City's Risk Manager before Proposal. Failure to submit the beginning work under this Proposers Qualifications Statement Agreement. Proposer shall maintain and the documents required such Insurance in full force and thereunder may constitute grounds for effect during the life of this rejection of the Proposal. Agreement. Proposer shall provide to the City's Risk Manager current 17.2 As a part of the evaluation process, certificates of all insurance required the City may conduct a background under this section prior to beginning Investigation including a criminal any work under this Agreement, record check of Proposers officers and/or employees, by the Broward 18.3 Proposer shall indemnify and save County Sheriffs Office. Proposers the City harmless from any damage submission of a proposal constitutes resulting to it for failure of either acknowledgement of and consent to Proposer or any Sub -Proposer to such investigation. City shall be the obtain or maintain such insurance. sole judge in determining Proposers 18.4 The following are required types and qualifications. minimum limits of insurance 17.3 No proposal shall be accepted from, coverage, which the Proposer nor will any contract be awarded to, agrees to maintain during the term of • any person who is in arrears to City this contract: for any debt or contract, who is a defaulter, as surety or otherwise, of Lime of Occurrence Aggregate any obligation to City, or who Is Business/ deemed irresponsible or unreliable by Coverage City. City will be the sole judge of sold Commercial $1,000,000 $1,000,000 determination. General Liability 17.4 City reserves the right to make a pre - award inspection of the Proposers Including: facilities prior to award of Contract. ons Prema tual Liability Contractual Liability 17.5 Employees of the Proposer shall at Personal Injury all times be under its sole direction. ProducWCompleted Operations Proposer shall be responsible to the Broad Form Property Damage City for the acts and omissions of all Cross Liability and Severabiiity of Interest employees working under its Clause direction. Automobile $1,000,000 $1,000,000 18. INSURANCE Liability 18.1 Proposer agrees to, in the Workers' Statutory Compensation performance of work and services 8 Employers under this Agreement, comply with Liability all federal, state, and local Ism and 18.5 The City reserves the right to require regulations now in effect, or higher limits depending upon the hereinafter enacted during the term scope of work under this Agreement. of this agreement that are applicable to Proposer, its employees, agents, 18.6 Neither Proposer nor any Sub - Proposer shall commence work or subcontractors, if any, with ----------- City of Tamarac Purchasing and Contracts under this contract until they have obtained all insurance required therefrom, or any other damage or loss arising out of or resulting, or 0 under this section and have supplied claimed to have resulted in whole or the City with evidence of such in part from any actual or alleged act coverage in the form of an insurance or omission of the Consultant, any certificate and endorsement. The sub -Consultant, anyone directly or Proposer will ensure that all Sub- Indirectly employed by any of them, Proposers will comply with the above or anyone for whose acts any of guidelines and will maintain the them may be liable in the necessary coverages throughout the performance of the Work; or b). term of this Agreement violation of law, statute, ordinance, governmental administration order, 18.7 Ail insurance carriers shall be rated rule, regulation, or Infringement of at least A-VII per Best's Key Rating patent rights by Consultant in the Guide and shall be licensed to do of the Work; or liens, business in Florida. Policies shall be claimsperformance b or actions made by the "Occurrence" form. Each carrier will Consultant Itworkers give the City sixty (00) days notice under compensation acts; prior to cancellation. disability benefit ads, other 18.8 The Proposers liability insurance employee benefit ads or any policies shall be endorsed to add the statutory bar. Any cost of expenses, City of Tamarac as an "additional Including attorneys few, incurred by insured". The Proposers Workers' the City to enforce this agreement Compensation carrier will provide a shall be bome by the Consultant. Waiver of Subrogation to the City. 19.E Upon completion of all Services, 18.9 The Proposer shall be responsible obligations and duties provided for in for the payment of all deductibles this Agreement, or in the event of and selfinsured retentions. The City termination of this Agreement for any may require that the Proposer reason, the terms and conditions of purchase a bond to cover the full this Article shall survive indefinitely. amount of the deductible or self - insured retention. 19.3 The Consultant shall pay all claims, 18.10 If the Proposer is to provide losses, liens, settlements or professional services under this judgments of any nature whatsoever Agreement, the Proposer must in connection with the foregoing provide the City with evidence of indemnifications including, but not Professional Liability Insurance with, at a minimum, a limit of $1.000,000 limited to, reasonable attorneys fees per occurrence and in the aggregate. (including appellate attorneys fees) "Claims -Made" forms are acceptable and costs. only for Professional Liability. 18.11 The Successful Proposer agrees to 19.4 City reserves the right to select its perform the work under the Contract own legal counsel to conduct any as an independent contractor, and defense in any such proceeding and not as a subcontractor, agent or all costs and fees associated employee of City. therewith shall be the responsibility of 19. INDEMNIFICATION Consultant under the indemnification agreement. Nothing contained herein 19.1 GgNERAL INDEMNIFICATK)N,is intended nor shall it be construed to Consultant shall, in addition to any waive City's rights and immunities other obligation to indemnify the City under the common law or Florida and to the fullest extent permitted by Statute 76828 as amended from time law, protect, defend, indemnify and to time. hold harmless the City, their agents, elected officials and employees from 20. and against all claims, actions, INDEPENDENT CONTRACTOR liabilities, losses (including economic An Agreement resulting from this solicitation losses), costs arising out of any actual or alleged: a). Bodily Injury, does not create an employeelemployer sickness, disease or death, or injury to or destruction of tangible property relationship between the Parties. It is the intent of the Parties that the Contractor is an Including the loss of use resulting 9 Cityof Tamarac .-___--_._..---_-.____-_-----_________ _. Purchasing and Contracts independent contractor under this Agreement bankruptcy proceedings or and not the City's employee for any purposes, receivership, nor is it engaged in or Including but not limited to, the application of threatened with any litigation, the Fair Labor Standards Act minimum wage arbitration or other legal or and overtime payments, Federal Insurance administrative proceedings or Contribution Act, the Social Security Act, the investigations of any kind which would Federal Unemployment Tax Act, the have an adverse effect on its ability to provisions of the Internal Revenue Code, the perform its obligations under the State Workers Compensation Act, and the Contract. State Unemployment Insurance law. The Contractor shall retain sole and absolute ?2.3 Successful warrants to City discretion in the judgment of the manner and that it will comply with all applicable means of carrying out Contractor's activities federal, state and local laws, and responsibilities hereunder provided, regulations and orders in carrying out further that administrative procedures Its obligations under the Contract. applicable to services rendered under any 22.4 All warranties made by Successful potential Agreement shall be those of Proposer together with service Contractor, which policies of Contractor shall warranties and guarantees shall run to not conflict with City, State, or United States the City and the successors and policies, rules or regulations relating to the assigns of the City. use of Contractors funds provided for herein. 23. The Contractor agrees that it Is a separate NON-DISCRIMINATION AND EQUAL and independent enterprise from the City, that OPPORTUNITY EMPLOYMENT it had full opportunity to find other business, During the performarice of the Contract, the that it has made its awn investment in its Contractor shall not discriminate against any business, and that 4 will utilize a high level of employee or applicant for employment because skill necessary to perform the work. Any potential Agreement shall not be construed as of rare, color, an, religion, age, national origin, marital status, political aflfiiation, familial status, sexual orientation, or disability if qualified. The creating any joint employment relationship Contractor will take affirmative action to ensure between the Contractor and the City and the that employees are treated during employment, City will not be liable for any obligation without regard to their race, color, sex, religion, incurred by Contractor, including but not age, national origin, marital status, political limited to unpaid minimum wages and/or affiation, familial status, sexual orientation, or overtime premiums. disability If qualified. Such actions must include, but not be limited to, the following: 21. DELIVERIES employment, promotion; demotion or transfer, Any Item or materials requiring delivery by the recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of Proposer shall be delivered F.O.B. compensation; and selection for training, destination to a specific City address. Ali including apprenticeship. The Contractor shell delivery costs and charges must be borne by agree to post In conspicuous places, avallebie the successful Contractor. to employees and applicants for employment, notices to be provided by the contracting 22. WARRANTIES offer setting forth the provisions of this nondiscrimination clause. The Contractor 22.1 Successful Proposer warrants to City further agrees that he/she will ensure that that the consummation of the work Subcontractors, If any, will be made aware of provided for in the Contract will comply with this nondiscrimination clause. clause. documents will not result in the breach of any term or provision of, or 24• TAXES constitute a default under any Successful Proposer shall pay all applicable Indenture, mortgage, contract, or sales, consumer use and other similar taxes agreement to which Successful required by taw. Proposer is a party. 25. PERFORMANCE 222 Successful Proposer warrants to City Failure on the part of the Proposer to comply that it is not insolvent, it is not In with the conditions, terms, specifications and 10 City City oOf TAiriAtoC Punchasin and Contracts � requirements of the proposal shall be just cause for cancellation of the proposal award. 30.1 Successful Proposer shall not assign, transfer or subject the Contract or Its The City may, by written notice to the rights, title, interests or obligations Proposal, terminate the contract for failure to perform. The date of termination shall be therein without Cites prior written stated in the notice. The City shall be the sole approval. judge of nonperformance. 30.2 Violation of the terms of this 20. TERMINATION FOR CAUSE AND DEFAULT paragraph shall constitute a breach of the Contract by Successful In addition to all other remedies available to Proposer and City may, at its the City, this Agreement shall be subject to discretion, cancel the Contract. All cancellation by the City for cause, should the Successful Proposer neglect or fail to perform rights, title, interest and obligations or observe any of the terms, provisions, of Successful Proposer shall conditions, or requirements herein contained, thereupon cease and terminate. if such neglect or failure shall continue for a period of thirty (30) days after receipt of written 31. EMPLOYEES notice of such neglect or failure. Employees of the Proposer shall at all times 27. TERMINATION FOR CONVENIENCE OF CITY be under its sole direction and not under the direction of an employee or agent of the City. This Agreement may be terminated by the City The City may require the Proposer to remove for convenience, upon ninety (90) days of written notice by the City to the Successful an employee who it deems to be careless, Proposer for such termination In which event incompetent, insubordinate or otherwise the Successful Proposer shall be paid its objectionable. Proposer shall be responsible compensation for services performed to to the City for the acts and omissions of all termination date, including services employees working under its directions. reasonably related to termination. In the event that the Successful Proposer abandons this 32. TAXES Agreement or causes it to be terminated, the Successful Proposer shall Indemnify the city The City of Tamarac is exempt from all Federal, State, and Local taxes. An against loss pertaining to this termination. exemption certificate will be provided where 20. FUNDING OUT applicable upon request. This agreement shall remain in full farce and 33. GOVERNING LAW: The laws of the State of Florida shall govern effect only as long as the expenditures this Agreement. Venue shall be Broward provided for in the Agreement have been County, Florida. appropriated by the City Commission of the 34. UNBALANCED PROPOSAL PRICING: City of Tamarac in the annual budget for each When a unit price proposed has variable or fiscal year of this Agreement, and is subject to estimated quantities, and the proposal shows termination based on lack of funding. evidence of unbalanced proposal pricing, such proposal may be rejected. 29. AUDIT RIGHTS 35. INFORMATION REQUESTS AFTER DUE City reserves the right to audit the records of DATE Successful Proposer, relating to this contract, at Following a recommendation for award, any time during the term of the Contract, and far Proposers may download the evaluation a period of three (3) years after completion of results directly from the Internet at contract. If required by City, Successful MommWamaracm. Proposer shall agree to submit to an audit by an Pursuant to Florida Statute Chapter 119, independent Certified Public Accountant Section 7(m), sealed bids or proposals selected by City. Successful Proposer shall received by an agency pursuant to invdaadons to bid or requests for proposals are exempt allow City to examine and review the records of from the provisions of subsection (1) and s. Successful Proposer at a and all times during P any 24(a), Art. I of the State Constitution until normal bubiness hours during the term of time such time as time agency provides notice of a Coact. decision or intended decision pursuantto F.S. JJL M(3)(a). or within 10 days after. 30. ASSIGNMENT bid/proposal opening, whichever is earlier. 11 • City a�iarncirac------------------------_......_._-._...�__-----____--_-.-.....---_-_-.--..__....._----------------._...-._. _. Purchasing and Contracts V. STATEMENT OF WORK A. SCOPE OF PROPOSAL The City of Tamarac is seeking proposals from qualified financial institutions and independent sales organizations/merchant service providers that provide credit card and debit card processing services. The City prefers a solution that will Integrate with the City's existing point of sale and e-commerce software, which provides for card swipe, keyed In and Internet transactions, in accordance with the terms, conditions, and specifications contained in this Request For Proposal (RFP). The City is seeking a contract for a term of four (4) years, with one (1) additional one (1) year renewal term based upon satisfactory performance and mutual agreement of both parties. B. BACKGROUND Currently, the City of Tamarac has a Merchant Processing Agreement with Elavon Incorporated. The City receives approximately $5.9 million in payments annually, of which 75% is Visa, 25% is Mastercard and a diminimus amount is Discover. The payments are a rnix of Internet payments and over the counter credit card transaction. The City maintains eight (11) merchant accounts for the following purposes: Location / Use Account Type City Hall (Utilities. Customer Service) Utility Community Center (Utilities Customer Service) Utility Community Center (Parks & Recreation) Retail Building (Permits Customer Service) Retail Aquatic Center (Parks & Recreation) Retail Internet (Online Utility Payments) Utility Internet (Online Payments for Permits, Licensing, etc..,) Retail Internet (Online Payments for Parks & Recreation) Retail Police Services Retail IVR — Utilities Utility IVR — Business Licenses Retail Using Sungard Public Sector's OnePoint and Click2Gov software packages the City is able to process both point of sale and Internet payments. In addition, the City's Parks and Recreation Department uses software applications called RecTrac and WebTrac, (provided by Vermont Systems Inc.) to manage the majority of its recreational programs and classes. Sungard Public Sector's OnePoint point of sale application processes over the counter credit card and debit card transactions for Utilities payments, Business Licenses fees, Building Permits fees and Code Enforcement fines. Sungard Public Sector's Click2Gov application processes Intemet credit card transactions for Utility payments, Business Licenses fees, and Building Permit fees. OnePoint and Click2Gov software integrate with the TSYS Authorization Network (formerly the Vital Authorization Network). Payments are processed through Onepolnt and/or CNck2Gov, and go directly 12 City of Tamarac Purchasing and Contracts through TSYS to the merchant provider for authorization. 0 Sungard Public Sector's applications are included on both Visa's and MasterCard's Global List of PCI DSS Validated Service Providers. Vermont. Systems RecTrac and WebTr Vermont Systems' RecTrac application allows the Parks and Recreation Department to schedule and manage recreational programs. In addition, it also functions as a point of sale application and processes over the counter credit card and debit cans transaction. Vermont Systems' WebTrac application process Internet credit card transactions for Parks and Recreation. RecTrac and WebTrac software integrate with an online gateway called Plug 'n Pay for payment processing. All credit card information is stored in. Plug 'n Pay, and then passed to the merchant provider for authorization. Plug 'n Pay is PCI compliant and is included on both Visa's and MasterCard's Global List of PCI DSS Validated Service Providers. P_inPads and Receipt Printers Currently, the City uses Verifone P900 credit card receipt printers, Magtec Mini Swipe USB Card Readers, a wireless card reader. SSu g@W Public Sector Fees and Costs Sungard Public sector charges a fee of $.08 per transaction, with a minimum cost of $25 per month. These fees are for credit and debit card processing only. 0 A summary of City credit card processing activity is included herein as Appendix A, based on activity for the calendar year 2010, this Is representative of all credit card processing activity for all months. (Note: The City experiences a fairly level volume of credit card processing requests during the year. The amounts can be applied evenly over the year. The City's depository bank Is TD Bank. C. SERVICES TO BE PROVIDED Proposer must report Its agabIlity for processing Visa -MasterCard. Di over e0dDW C Sungard Public Sector OnePoint and Click2Gov Merchant providers must be able to integrate with the TSYS Authorization Network (formerly the Vital Authorization Network). Payments will be processed through OnePoint and/or Click2Gov, and then go directly through TSYS to the merchant provider for authorization Vermont Systems RecTrac and WebTrac Merchant providers must be able to integrate with Plug 'n Pay, the online gateway in which all of the credit card information is stored. Plug'n Pay will then pass the information to the merchant provider for authorization. 13 • City of 'Tamarac Purchasing and Contracts D. MINIMUM EXPERIENCE AND PERFORMANCE REQUIREMENTS: The Proposer shall: 1. Be a company with at least three (3) years experience processing credit and payment records transmitted for processing and settlement from major credit/debit card processing networks. 2. Be licensed to conduct business in the State of Florida, and bondable for a period of not less than three (3) years. 3. Demonstrate to the satisfaction of the City that the Proposer has adequate financial resources, experienced personnel, and expertise to perform the required services. No contract will be awarded to any Proposer who lacks adequate experience or who has an unsatisfactory performance record. 4. Provide seven (7) days per week technical support utilizing a customer service phone number. 5. Provide contact for coordination of all activities related to this contract, Including adding new locations, problem resolution (settlement, billing, reporting, etc.), new technologies, etc. 6. Provide daily settlement of merchant accounts. 7. Make timely deposits, within 24-48 hours after settlement or earlier, into the City's depository bank. S. Must have the ability to provide individual accounts and multiple accounts for each location. 9. Provide dairy gross settlement statements and monthly billing/invoicing of fees individually by location. 10. Provide on-line resource for retrieving, reviewing, printing and/or downloading transactions and settlement data. 11. Must have the ability to provide multiple user access to on-line reporting. 12. Provide the City with all correspondence for chargebacks and contested charges. 13. Provide reduced chargeback fees for transactions smaller than $10. E. TECHNICAL PLANE -COMMERCE TRANSACTION PROCESS FLOWS The Proposer shall provide a plan that explains their technical approach. This includes: 1. Illustrate the data flow from the City's point of interface to its depository bank, TD Bank. 2. Identify and explain security practices and data encryption method utilized. 3. Identify practices and infrastructure in place to maximize service availability, such as communications equipment type, redundancy, and backup and recovery. 4. Identify testing methodologies to ensure proper integration with the City's applications. S. Identify client acceptance methodologies with respect to City funds transfers. Remainder of Page Intentionally Blank 14 _..-•------._.._----.__..__� _____----_� __ __________.. ___ ...._. a.. Cityofiam�rec Purchasing and Contcts VI. EVALUATION AND SELECTION OF PROPOSALS The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer, who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best Interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section. A. EVALUATION METHOD AND CRITERIA The Selection Committee will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest -ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary Information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. After presentations, firms will be assigned a final ranking, with the highest -ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. The City's evaluation criteria may include, but shall not be limited to, the following: 1. C m 1 n e h R uest P Is (Mandatory]. This refers to the adherence to all Ala c wit eq fpr' ronosa [ ry] conditions and requirements of the Request for Proposals. 3, Ouglily 2f Response I. Clearly demonstrated understanding of the work to be performed. ii. Completeness and reasonableness of the proposers plan/proposal for accomplishing the tasks. iii. Level of creativity demonstrated by the proposers proposed methodologies for meeting the requirements of this proposal. 3. Services to be Provided. This refers to the exact type and nature of the proposers proposed services and how they accomplish the objectives of the project, as well as the ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria setforth. 4. Qualiftations of the Con . Proposers capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, Integrity, and reliability which will assure good faith performance, as well as satisfactory reference verification. This criteria includes: 1. The experience of the firm and its record on engagements of a similar nature, including the ability to serve in a similar capacity for other units of government or organizations. Ii. Personnel to be assigned to the project, and their education, capabilities, 16 _-_--.---------_.-____ City of Tamarac Purchasing and Contracts • qualifications and experience with similar projects III. Reference Information gathered from other entities regarding the past experience of the firm; and iv. Other areas addressed in the Statement of Won* herein. 5. g"JA (Price). This refers to the proposed contract fees provided to the City and (Please note that price is only one factor for consideration of award). I. The proposer shall propose fees and unit prices for services as required herein. The Proposer shall also provide an anticipated monthly cost based on historical transactions for an average month, which shall be used for purposes of comparison and evaluation for the provision of services as detailed in the Specifications or Statement of Work herein. The value of the final agreement, however, will be based on actual transactions performed. ii. If proposing costs which may include alternate programs or services not covered in the base proposal pricing, the proposer, when offering such alternative services must provide a detailed explanation of additional optional services to be offered. B. ACCEPTABLITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: 1. Acceptable; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or 3. Unacceptable. C. AWARD OF AGREEMENT Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best Interest of the City. D. WEIGKrED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA MAXIMUM POINTS 1. Compliance with Request for Proposal (Mandatory) N/A 2. Quality of Response 10 points 3. Services to be Provided 15 points 4. Qualifications of the Proposer/Expertise 35 points 5. Costs/(Price) 40 points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of proposers by establishing a general framework for those deliberations. 16 City of Tamarac Purchasing and Contracts Once the Proposals are evaluated, a' "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. 0 E. DISCUSSIONS & PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional Information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which proposers are capable of offering to the City. The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional Information during this process. F. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected If they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. VI. PROPOSAL SUBMITTAL REQUIREMENTS Return One (1) Original and five (5) copies, including any attachments, in an envelope marked with your firm's name and °RFP 11-31R, Merchant Credit Card Processing Services" for a total of six (6) documents, to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 8e Avenue, Tamarac, Florida 33321, attention: Keith K. Glatz, CPPO, Purchasing & Contracts Manager. Any agenda become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. All proposals must be submitted as specified on the proposal response format as stated In the Proposal Form Included herein. Any attachments must be clearly identified. To be considered, please respond to Pricing Form Discount Rates and Other Charges and Fees. The proposal must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by a proposer to respond to a requirement, the response should include reference to the document number and page number. This will provide a quick reference for the evaluators. Proposals not providing this reference will be considered to have no reference material included in the additional documents. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are 17 --- -- - - - --- - - - _ .-.._----_------------------ - ----------- ------ city of Tamarac Purchasing and Contracts signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. Separate Sealed Envelope: The Cost/Price proposal shall be submitted in a separate, sealed envelope along with the Technical Proposal. Failure to include a complete Technical and Cost/Price Proposal may result in disqualification of the Proposal. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. VII. PROPOSAL RESPONSE REQUIREMENTS The Proposer's response to the City's RFP should consist of the following and be presented in the following order. 1. Introductory Letter: Provide a brief letter to be no more than two pages that summarizes in a concise manner, the Proposer's understanding of the RFP requirements, and the City's objective. 2. Submit your Technical Plan for each E-commerce interface, and supply a copy of your current Visa/Master Caret Interchange Rates. 3. Proposer's Qualification Statement: Complete the enclosed Proposers Qualification Statement. Please submit additional sheets if required. 4. Pricing Proposal Form to include a complete pricing schedule for all transaction charges and fees. 5. Governmental References — Provide the names, addresses, telephone numbers and e-mail addresses of at least three (3) who can attest to the Proposer's ability to perform at or above volume required by the current level of credit card transactions accepted by the City of Tamarac. Submit a sample billing statement that Proposer uses to bill its customers. 6. Provide samples of all reports that City will receive from Proposer. 7. Submit a copy of most recent Annual Financial Report as attested to by external Certified Public Accountants. 8. Execute and provide the Certification page, Certified Resolution, Non -Collusion Statement and Proof of Insurance. • 18 City of Tamarac Purchasing and Contracts PROPOSAL FORM RFP 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES PROPOSAL PRICE Monthly Fee $ (Based on Average cost for COMPARISON PURPOSES ONLYI) In order to allow for a comparison of transaction costs, please provide an average cost for performing Merchant Credit Card Processing Services based on data collected for Calendar Year 2010, as reflected in Attachment A. Price/Cost component shall be evaluated based on the "typicar, volumes, as shown In Attachment A. PLEASE I CLUDE A OffaM M&M SCHEDULER ALL ON OM20 AND FEES. SUBMITTED BY: Company Name: Address: City: Telephone: FAX: Email: State: Zip: • NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please Indicate reason(s) why a Proposal Is not being submitted at this time. 19 City of Toinarac _.._.---------------. _..._ _. Purchasing and Conimcls REFERENCES Please list government agencies and/or private firms with whom you have done business who utilized a similar scope of services to the City of Tamarac requirements during the past five years: Your Company Name Address .------------ -------- ____.---___------_____.___._______..__ _--_--_-__—_________._ _-_-- City State Zip --- --- _-...._ Phone/Fox E-mail Agency/Firm Name: Address City State Zip Phone/Fox _--------- --- __._._..--...._.___..... __..... _. ------ Contact Name Agency/Firm Name: Address City State Zip Phone/Fax-------------------.__---------.-.___..___------_-____.__—_-__ Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: ....----------------- Address City State Zip ----------- Phone/Fax Contact Name Agency/Firm Name: Address City State Zip _~_----------- _-____^.__------- Phone/Fax ........... -- ....-__._._....... .. _ ------ Contact Name PSI City of Tamarac Purchasing and Contracts BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Provide an Introductory Letter. ❑ 3 Provide a Technical Plan to respond to the City's requirements along with Visa/t+ltaster care Interchange Rates ❑ 4 Complete the Proposees Qualification Statement included herein, as well as any additional Information to validate proposer's capabilities. Use additional sheets as necessary. ❑ 5. Include a Pricing Proposal which includes your COMPLETE PRICING SCHEDULE FOR ALL TRANSACTION 0ARGEj AND FEES (See Proposal Form). ❑ 8. Provide References, preferably with similar governmental agencies similar to the City. ❑ 7. Provide sample billing statements and copies of reports to be provided to the City. F18. Include all necessary Financial Statements requested. ❑ 9. Sign the Certification page. Failure to do so will result in your Bid being deemed non- responsive. ❑ 10. Fill out and sign the Non -Collusive Affidavit and have it properly notarized ❑ 11. Sign the Vendor Drug Free Workplace Form. ❑ 12 Fill out and sign the Certified Resolution. ❑ 13 Include proof of Insurance. ❑ 14 Provide any additional documentation requested within the Proposal Document. ❑ 15 Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. Clearly mark the seated container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals will not be accepted. Failure to provide the requested attachments may result In your proposal being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. • 0 City of Tamarac Purchasing and Contracts CERTIFICATION THIS DOCUMENT MUST BE 3UDWTTEQ WITH THE PROPQSA We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t' Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number 22 FCity of rainarac Purchasing and Contracts PROPOSER'S QUALIFICATION STATEMENT The Proposer, under oath certifies to the truth and correctness of all statements and of all answers to questions made hereinafter: 1. If Proposer is a corporation, answer the following: S) Date of Incorporation: State of Incorporation: 2. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 3. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 4. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 5. State the name of the individual who will serve as the primary contact for the City: 6. State the names and addresses of all businesses and/or individuals who own an interest of more than • five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 7. Has your company ever declared bankruptcy? Yes ❑ No ❑ If yes, explain: 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain: (date, service/project, bid title etc.) 9. Wave ou ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: 23 -...---- _-......... ....__.._..,.__..._ _.................._. _ _.�_---- _.__.._.._..,____....._..._.._........_._ _....-.-__.. _...-_._._;� .._... Cityof Tamarac Putuhasin and C.ontrarts 0 CERTIFIED RESOLUTION t, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Tide) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the sold corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be Indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the bregoing resolution. • NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 20 (SEAL) By: Secretary Corporate Tide NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be foil>wed explicitly, but the Certified Resolution submitted must dearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 24 City of Tarnatec NON -COLLUSIVE AFFIDAVIT State of 1 ) as. County of Purchasing and Contracts being first duly swom, deposes and says that: 1. He/she is the (Owner, Partner, Officer, Representative or Agent) of , the Proposerthat has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness By Printed Name Title • C7 MI • City of%mntac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Pur�c!►asfrtg anc! Cr+r�tracts On this the day of , 2( , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or Type as Commissioned) • © Personally known to me, or 0 Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 26 -------.-.---._......_..,........... _............ ......................... Purchasing .._........... City of Tamarac y Contracts VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1,1991. The special condition is as follows: IDENTIQ& jigBIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drag -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug4ee workplace, any available drug counseling, rehabilitation, & employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing commodities or contractual secs., that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring In the workplace no later than five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name 0 Q of Tamarac Purchasing & Ca711-acts Division CITY OF TAMARAC CRDEIT CARD INFORMATION CAI.ENDER YEAR 2010 TOL01—Y, Aquatic Center Community Center (Parks) Community Center (Utility) Building Internet BSO City Hall Webtrac* Utilities (Internet) Utilities (IVR)* OLC (IVR)* ItImated- not active in 2010 111a 1L0I11 Aquatic Center Community Center (Parks) Community Center (Utility) Building Internet B50 City Hall Webtrac* Utilities (Internet) Utilities (IVR)* OLC (IVR)* *Estimated- not active in 2010 • ELAVON CHARGES SALES BY CARD TYPE VISA MASTERCARD DISCOVER $ 49,060.63 $ 23,29L98 $ 73.66 113,601.45 60,695.31 760,646.66 9,976.89 2,160.77 197,228.35 56,315.16 728,475.35 359,545.02 18,025.30 7,918.15 74,606.32 2,857.60 1,168.90 71.00 - 1,992,188.74 838,819.96 50D,000.00 92,000.00 20,000.00 3,000.00 $ 4,453,903.80 $ 1,454,410.07 $ 3,403.33 NO. OF TOTAL COMBINED TRANS. CHARGES RATE 1,550 1590.88 L20% 2,267 2832.1 L62% 7,131 13367.37 1.739E 908 5891.6 2.329E 10,063 20197.03 L86% 51 951.34 3.679E 600 2317.69 L69% 3 555 78L699E 28,437 43927.43 L559E 7,200 0.O0N 200 0.00% 58,410 $ 94430.44 i iN 6'' r I?A� i �!! � n, � twf� , t ui ..,�,..,..,�! I 1 ' ' N��5t � i�' iI," ;,� „1 •' �� , �� � �...,i,.l..�n,;tllt��I�i�l��li���� ��`���� "�;;�i�p,��►f�� �';gg; i(IJI�(l��I �i � i ,�,��(t�, ����t,, t�+, �� b i , f t�iH . !ti•m ��. . i9�1 tMi+!!+ • i'.I.��n .. .�t! i! �I��:r!) E SALES BY CARD TYPE VISA MASTERCARD DISCOVER $ 49,060.63 $ 23,29L98 $ 73.66 113,601.45 60,685.31 760,646.66 9,976.89 2,160.77 197,228.35 %,315.16 728,475.35 359,545.02 18,025.30 7,918.15 74,606.32 2,857.60 1,168.90 2,500.00 500.00 1,992,188.74 838,819.96 500,000.00 92,000.00 20,000:00 3,000.00 $ 4,456,332.80 $ _M910.07 $ 3,403. 33 28 NO. OF TOTAL COMBINED TRANS. CHARGES RATE 0 $ 0.00% 0.00% MOD% 0.009E 0.009E 0.00% 0.O0% 0.009E 0.00% MOON 0.00% CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88'" AVENUE TAMARAC,FL 33321 40 "Committed to Roc eHence... Always" ADDENDUM NO.1 REQUEST FOR PROPOSAL 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES DATE OF ADDENDUM: JULY 20, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Request for Proposal #11-31R, MERCHANT CREDIT CARD PROCESSING SERVICES. The following questions have been received by the Purchasing & Contracts Division: 1. Q. Please provide two months of merchant services statements from Elavon for each location. A. Copies of twelve (12) months of statements by location are provided, and are currently available online at htt ://www.tamarac.or /ci -de artments/financial- services/ urchasin /current-solicitations.as x 2. Q. Please provide more information regarding the IVR System and how it integrates with your credit card processing. A. The IVR has not yet been implemented, once implemented it Is expected that the system will be used for credit card payments, customers accounts will be updated real-time. The IVR will be hosted by Selectron Technologies Inc. and Plug'n Pay will provide the gateway. 3. Q. SunGard Public Sector — can you provide more information regarding the processing rates and fees? How does the SunGard Public Sector software integrate with your current processor? A. We do not presently pay a transaction fee to Sungard Public Sector, however, as we move towards PCI compliance Sungard will be storing our encrypted credit card information for a fee of $0.075 per transaction "Out of Network'; and $0.055 "In Network". Presently Internet payments are fully integrated in the system, face to face payments have to be keyed in. In a few months the City will institute a new • 7525 NW 88th Avenue ■ Timarac , Fbrida 33321-2401 ■ (954) 597-3570 ■ F'ax (954) 597-3565 ■ www.tamamc.oig Equa10ppoxtunrty Employer cash receipt system (One Point) also provided by Sungard Public sector which will allow the cashiers to swipe and validate payments directly into the system. 4. For your reference, fee and system specifications for the Sungard Public Sector One Point System are attached hereto. All other terms, conditions and specifications remain unchanged for RFP # 11-31 R. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager Attachment COMPANY: NAME: r , 1 SunGard public Sector ONESolution Payment Service (KT) Price plan There is a SunGard Public Sector SaaS (Software as a Service) fee for each credit card, signature debit card, and electronic check transaction'". This per transaction fee is discounted for customers using SunGard Public Sector in - network Third Party Solution Provider merchant account processors (AMS is currently the only processor). Per transaction fee: • $0.075 per transaction for transactions based on any "out of network" merchant account • $0.055 per transaction for transactions based on any "in network" merchant account • There is a $25 per month minimum on total transaction fee charges. • This $25 minimum fee covers all merchant accounts used. to There is a monthly "cap" of $850 for the SunGard Public Sector transaction fees. • Existing Click2Gov OnePoint Payment Engine (KQ customers will not incur any additional service fees when migrating to the new ONESolution Payment Service (KT). * Includes any transaction processed through the ONESolution Payment Service, to include payments, debits, voids, credits, reversals, inquiries, or other payment network activity. Note: Other existing merchant account processing and network fees will continue to apply. This service will not impact fees from those vendors. Note: This schedule is subject to change with 90 days notice. sunGard Public Sector 1000 1000 Bupinoap Canter Drive • Lako Mary, FL (866) 965-7732 • www.sungardpe.com Rev. 04111 SunGwd and the Swoerd logo "tred omoko or registered trademarks of SunGsm Oete Systems Inc. or to su6eidleries in the U.S. and other countries. Al other trade names ire trademarks or registered hedemaks of their roWective holders, Any Mir- i ancesto the QNEBdulon products or product mad map Is not s oammilmerd of lapel ahiipelon to del ver tleY of the desod6ed features or funcdoneilry herein. I O2pl l Su GeM Puhee SooW him All No" Rttnenred a OnePoint Payment Engine (KQ to ONESolution Payment Service (K7) Upgrade wide The ONESolution Payment Service (KT) is a new product and all existing OnePoint Payment customers must contact their Customer Success Executive (CSE) to contract for this service prior to scheduling their upgrade. As existing OnePoint Payment Engine (KL) customers upgrade to the new ONESolution Payment Service (as part of their upgrade to v7.0.6 or a later release) the current payment product (KL) will be uninstalled, applicable license fees and maintenance will cease, and the new SaaS based ONESolution Payment Service payment solution (KT) will be installed. Existing KL customers will not incur any implementation services costs due to this migration. After the upgrade your citizen users of Click2Gov Utilities and Click2Gov Accounts Receivable and Loans will need to re -setup their payment preferences (digital wallets) to ensure proper encryption and data management related to PCI-DSS, PA-DSS and current security/encryption standards. We apologize for the inconvenience that this might cause your customers. The re -setup process also applies to any credit card based utilities auto -payments that may be configured. Your customers will need to set these up anew as well. The ACH based utility auto -payments are unaffected. To remove existing credit card data from your system, as part of the core upgrade, a post -load process will automatically run, clearing out all credit card data and existing transaction logs. It is very important that you make a backup of your existing transaction logs prior to running the upgrade. In order to manage this transition, the upgrade process will be adjusted as part of the release of this version. When you contact distribution to schedule your upgrade, distribution will review whether you are already making use of the new payment service or if you are using the older payment engine. If you are using the older payment engine, you will be referred to sales before your upgrade date can be scheduled. Sales will review the process with you and send you a pre -upgrade package that will include information and forms related to this upgrade. There is a pre -upgrade checklist to ensure that your systems are properly configured for the new software, forms for your existing merchant processor to complete and a ONESolution Payment Service contract addendum and quote for you to review. Remember, this new payment service is not based on license fees and maintenance but on usage. When the completed forms are returned to sales, they will inform distribution that you are able to schedule your upgrade as well as route the completed forms to the appropriate internal departments. Related to this upgrade, server requirements for Click2Gov have changed. The latest requirements will be in the information packet you will receive from sales but below is a summary of that information. The SunGard Public Sector Click2Gov v7.0.6 (or better) product has the following server requirements: • Windows 2008, 32 bit (clean install, not a OS upgrade) 0 WebLogic 10.1(included, you do not need to purchase this) • 2 Gig of memory (minimum) • 40 Gig of disk space (minimum) / 80 Gig (maximum) • 1G to 2G Pentium IV or equivalent processor You may contact Todd Baum, Product Manager for eGovernment, at todd.baum@sungardps.com or by phone at 407- 304-3439 if you have any further questions about the new ONESolution Payment Service. War.dftblic Sector Irteee Carder Drive - Lake Mary, FL (Bee) 886-7732 - www.sungardps.com Rev. CW11 8mGffd ender Sunaerd lope dry tredemeft a registered trsdw wko d lunaerd WM Systems Inc, or Is subsidiaries In the u,$, ena dha OOWMn. AN dha Ueda nemn a eedemarke or repldMed L'ednneda d fhslr rm padNe hddm Ary rOw- erloeatothe ONEi3dulan pradud a or preduet mod map is nd a eammNmeM of to" cbllgaden to dd va any d the dawribed features a fmadendf y ha in. i mdhY 2011 ernawlNaeedwins. NI R ghft Reserved CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Co mmitte d to Exc a ile nc a ...Always" 000421Diu Ij■:C6I11li'] REQUEST FOR PROPOSAL 11-31 R MERCHANT CREDIT CARD PROCESSING SERVICES DATE OF ADDENDUM: JULY 22, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Request for Proposal #11-31R, MERCHANT CREDIT CARD PROCESSING SERVICES. The following questions have been received by the Purchasing & Contracts Division: 1. Q. Is it permissible to submit the Visa/MC rates and Annual Financial Report on a single CD-ROM? A. Yes, resource material requested by the City may be submitted on CD- ROM, however, proposer should provide six (6) CD-ROMs to allow for one original and five copies for each Evaluation Committee member. Proposers must still include a printed copy of their vendor proposal pricing to be used for comparison purposes as outlined In the Proposal form. 2. Q. What is the City's anticipated contract start date? A. The current Agreement expires on October 25, 2011. The anticipated start date for this Agreement will be October 26, 2011. Q. Why does the City require integration with TSYS? A. The City requires integration with TSYS because of the City's application software. Please refer to pp. 12 -13 of the Request for Proposal document for specific details related to TSYS integration. All other terms, conditions and specifications remain unchanged for RFP # 11-31 R. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your proposal. Sincerely, k Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager 71T,IMill 7525 NW 88th Avenue ■ 7hmarac , Fbrida 33321-2401 ■ (954) 597-3570 ■ Fix (954) 597-3565 ■ www.tamarac .org Ejua10pportunily Employer • allCITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to E�ee&nce... Ahuays" F-W11=1:1Bill ��■:[aW REQUEST FOR PROPOSAL 11-31 R MERCHANT CREDIT CARD PROCESSING SERVICES DATE OF ADDENDUM: JULY 25, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Request for Proposal #11-31R, MERCHANT CREDIT CARD PROCESSING SERVICES. 1. Please note that a copy of the spreadsheet provided in the referenced proposal has now been posted in Excel format, to allow vendors to fill-in the actual form. All other terms, conditions and specifications remain unchanged for RFP # 11-31 R. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your proposal. Sincerely, ._A.. Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager .0141i5I;7,X' Vi 7525 NW 88thAve nue ■ lamarac, Fb6da 33321-2401 ■ (954) 597-3570 ■ Fax(954) 597-3565 ■ www.tamarac.oxg NualOppoitunity Anployer 0 TR 12092 Exhibit 2 • ;7 U) W v rc� WF w cai � I.- w W V E C V LL a W m C� 0 R4 0 TR12092 Exhibit 3 • • V Elavon Merchant Services for Electronic Payments and Bankcard Processin Services City of Tamarac, FL Merchant Services Request for Proposal Response Presented by: Jeremy G. Krahl Regional Manager I Government and Institutional Elavon Global Payment Solutions 865.693,1231 (office) 865.382.5443 (mobile) 865.403.5408 (fax) jeremy,krahl@elavon.com • City of Tamarac Merchant Processing Services Legal Statement: Elavon agrees to the terms, conditions and specifications of the Merchant Processing Services portion of the RFP provided that the parties also execute Elavon's Processing Agreement and applicable schedules, copies of which are submitted herewith (the "Agreement"). The Payment Networks require that Elavon enter into agreements with its merchants containing specific provisions mandated by the Payment Network Regulations, which provisions are not included in the RFP. Therefore, in the event that Elavon is the successful bidder, Elavon will require that the parties include the terms of the Agreement, in substantially the same form as submitted herewith, in the final contract and will, in good faith, work and negotiate with the requestor toward a resolution of all conflicting items, In certain instances Elavon may, through its various sales channels, submit more than one response to this RFP. While Elavon's exceptions to the legal terms and conditions of the RFP may be similar, the remainder of the bid and pricing issues will differ due to the independent responses prepared by each sales channel. Elavn July 27, 2011 City of Tamarac Merchant Processing Services Transmittal/Cover Letter 40 Elavon wishes to thank the City of Tamarac for the opportunity to participate in your merchant processing services proposal process as well as the opportunity to continue as the chosen payment processor of the City. Elavon fully understand the public sector processing environment and has the ability to meet all of the City's processing requirements. Moreover, Elavon currently provides credit card processing services for many of the largest counties, cities, utilities, universities, and other government agencies in the country with substantial transaction volume. This proposal intends to outline how we can meet the City's requirements as well as faithfully respond to the specific requirements presented. We understand that the City is looking for opportunities to decrease costs and increase efficiencies, and our merchant card solutions offer several ways to achieve these goals. If Elavon is chosen as a financial partner for the City, we will take a consultative approach to explore the best solutions and efficiency recommendations. A few ways we have been able to help other cities include the following: Drive debit card usage: • Elavon will work with the City to devise strategies to drive these transactions through the Debit Networks (PIN/PINLess) to reduce processing costs to the City. Currently, in excess of 55% of payments nationwide are via a Debit product and many are not processed as debit card transactions because they are not identified at the time of payment. Take Advantage of Visa/MasterCard/Discover Utility programs: • Where applicable, Elavon will register the City with Visa, MasterCard, and Discover to allow the City to leverage the emerging market Utility pricing programs and/or the public sector rate programs offered by MasterCard and Discover. These rate programs can significantly reduce the cost for processing to the City. 0 Minimize down ade expenses through automation and trainin : • By setting up additional merchant accounts for card -not -present locations, re-training your staff, and automating the daily settlement functions you will minimize your transaction (Interchange) downgrades and reduce costs to the City. Decrease costs by minimizing the cumber of providers • A City the size of Tamarac may have the challenge of having multiple merchant or technology (hardware or software) providers in place to service all of the various groups/agencies within the City. If this is the case, the City can realize significant cost savings, increase operational efficiencies, and minimize time spent managing vendor relationships by using one provider. More than 1 million merchants trust Elavon to efficiently and securely inanage their payments business. We extend powerful payment solutions, flexible connectivity, and effective fraud monitoring tools to customers around the globe --from smaller retail merchants to national retailers, as well as large organizations in segments such as hospitality, healthcare and the public sector. Elavon provides end -to -end payment processing services to merchants and financial institutions in the United States, Puerto Rico, Canada, and throughout Europe. Our payment products are supported by the most reliable network in the industry and include credit and debit card processing, electronic check services, gift cards, and dynamic currency conversion. We handle every aspect of the acquiring relationship —transaction processing, risk and underwriting, settlement, equipment deployment, Elavdn 3 July 27, 2011 • 10 City of Tamarac Merchant Processing Services chargeback management, reporting, and customer service. Our customers can also count on us to keep their payment processing compliant with changing payment security requirements. Our Strengths `► The Industry's #1 Network - Elavon has built redundancy into every system, which regularly g Y achieves 99.8% uptime and extends peace of mind during peak sales seasons. End -To -End Ownership — Elavon is 100% responsible for front-end authorizations, back -end settlement, and all supporting operational functions. With Elavon, you have one source for all of your payment processing and service needs. > A Trusted Partner -- Elavon's Client Relations Team delivers superb service by acting as your dedicated business advocates for all issues concerning the development, implementation and support of your processing services. > Flexible Payment Options - You can count on Elavon to deliver value-added processing services like electronic gift cards, electronic check conversion, and dynamic currency conversion. Connectivity --- We are not a one -size -fits -all processor. Our Solutions Engineering Team will work with you to determine the best -suited and most cost-effective method for processing on our network. At Elavon, our solutions address every aspect of payments, all powered and secured by state-of-the-art technology applied in innovative ways to meet individual customer requirements and keep you ahead of the curve. Whether its new technology initiatives such as mobile commerce, or solutions tailored to the needs of emerging vertical markets, you can trust us to deliver the right solution at the right time. Elavon sets new standards in convenience, reliability, security and innovation. Whatever you need and wherever in the world you need it — trust Elavon to lift your payments to new heights. Our breadth of services, depth of experience, and total commitment to providing the most responsive, highly NO individualized service is unmatched in the industry. Elavon has been a trusted partner of the City of Tamarac for many years and our nartnershin has resulted in thousands of dollars in DrooWn fee sayings to the Citv. We look forward to the opportunity to continue this successful partnership and we thank you for your consideration. If you have . questions, or if I can be of additional assistance, please contact me directly at (865) 693-1231. Sincerely, G Jeremy G. Krahl Elavon, Inc. I www.Elavon.com/us Direct Dial: 865,693.1231 Direct Fax: 865.403.5408 Email: jeremy.krahl@elavon.com Ela do 4 July 27, 2011 f 00 00 City of Tamarac Merchant processing Services 00 00 Table of Contents 00 Merchant Services for Electronic Payments and Bankcard Processing Services ......... i City of Tamarac, FL i Transmittal/Cover Letter............................................................. io Table of Contents............................................................................................................... 5 Technical Plan Proposers Qualifications and Background....................................................................17 ElavonProfile................................................................................................................17 PricingProposal............................................................................................................... 20 Additional Information References, Sample Billing Statement, Reporting......................................................... 25 Financial Information....................................................................................................... 30 ComplianceDocuments...................................................................................................31 Appendix I — Sample Statement Appendix 11— Merchant Agreement(s) • El avdn 5 July 27, 2021 City of Tamarac Merchant Processing Services Technical Plan Elavon understands and can meet all of the City's technical requirements. Proposer must report its capability for processing Visa, MasterCard, Discover and Debit Card. Elavon offers processing for the following payment solutions: • Visas • MasterCard® • PIN -Debit • Bill Payment/PINLess Debit • American Express@ • Discovery' • Diner's Clubs' • JCBO • Electronic Benefits Transfer (EBT) • Fleet Cards • Corporate Purchasing Cards • Electronic Check Service (ECS) - Point of Purchase (POP), Accounts Receivable Conversion (ARC), Back Office Conversion (BOC), and, in certain instances, Internet (WEB), Telephone (TEL), and Prearranged Payment and Deposit (PPD) • Electronic Gift Cards (EGC) • Bill Payment via Internet and Interactive Voice Response (IVR), with Convenience Fee and Bill Payment (PIN -less Debit) support for select industries Elavon specializes in providing integrated credit and debit card payment processing services. We provide PIN and PINLess Debit support services similar to that of credit cards. This includes transactions processing, payments, reporting, EFT BIN file, reconciliation file delivery and adjustment processing. We process through the following Debit Networks: • Accel • AFFN • Alaska Option • CU24 • Interlink • Maestro • NETS • NYCE • Pulse • Shazam • STAR Elavon 6 July 27, 2011 City of Tamarac Merchant Processing Services Sungard Public Sector OnePoint and ClickZGOV Merchant providers must be able to integrate wfth the TSYS Authorization Network (formerly is the Vital Authorization Networlr). Payments will be processed through OnePoint and/or Clv&mov, and then go directly through 7YsYS to the merchant provider for authorisation Elavon understands and can meet this requirement. Payment transactions will follow the following authorization/settlement process: City of Tamarac � One point/Click2Gov -> TSYS Network � Elavon 4 Payment Settlement to the City (TD Bank) This process is in place today and would remain moving forward if Elavon is selected as the successful bidder. Vermont Systems RecTrac and Web Trac Merchant providers must be able to integrate with Plug 'n Pay, the online gateway in which all of the credit card information is stoned, Plug 'n Pay will then pass the information to the merchant provider for authorization. Elavon understands and can meet this requirement. Payment transactions will follow the following authorization/settlement process: City of Tamarac 4 RecTrac/WebTrac 4 Plug n Pay --> Elavon Network -> Payment Settlement to the City (TD Bank) This process is in place today and would remain moving forward if Elavon is selected as the successful bidder. The Proposer shall provide a plan that explains their technical approach. This includes: 1. Illustrate the data flow from the City's point of interface to its depository bank, TD Bank. Please see above for specific examples. All payment applications will flow from the City to either the Elavon Network or the TSYS Network (product dependent) with settlement directly from Elavon to the City (TD Bank) 2. Identify and explain security practices and data encryption method utilized. In order to safeguard the merchant and cardholder data both electronically and in hard copy, Elavon utilizes a combination of firewalls, intrusion detection systems, file integrity monitoring systems, access controls, patch management controls and physical security controls to ensure unauthorized users do not access systems or data. Similarly, to monitor Elavon's network, we employ an intrusion detection system, as well as network and host -based controls. Such controls are also used to monitor performance and stability. Elavon takes the security of our data, systems, employees, and locations very seriously. Elavon is subject annually to audits for: Statement of Accounting Standards 70 (SAS70); Sarbanes-Oxley; Gramm -Leach -Bliley (through the Office of the Comptroller of the Currency); Visa Cardholder Information Security Program (CISP); and MasterCard Site Data Protection (SDP) compliance. We also have internal audits. Our physical security procedures are monitored and audited by Visa, MasterCard and the Office of the Comptroller of the Currency (OCC/US Government) per standard Elan 7 July 27, 2011 City of Tamarac Merchant Processing Services banking/financial regulations. Our location security includes: security guards at all locations; video monitoring of all entry points to the buildings and critical data centers; all door entry points are secured 24/7; access cards are required for entry; all card access to critical data rooms is approved by the VP of Network/Telecom; all new employees go through a thorough FBI/credit report/criminal background check; all new employees are fingerprinted and photographed; all security systems have redundant back up power via Dual Utility Substation Feeds, Switchgear, UPS Batteries (uninterruptible power supplies) and Generators. We also have on -site shredding of all non -retention documents. Every employee is required to go through Privacy Practice training. For our merchants' electronic commerce transactions, we support Secure Sockets Layer protocol. We also support Verified by Visa, and MasterCard Secure Code, AVS, CVV2 CVC2, and CID, all of which provide additional levels of security to our merchants. From PIN security to Internet security, you can be assured that Elavon will support your electronic transactions in the most secure manner, based on sound design and thorough auditing practices. 3. Identify practices and infrastructure in place to maximize service availability, such as communications equipment type, redundancy, and backup and recovery. Elavon has designed and operates a highly reliable platform with locations in Knoxville, TN and Atlanta, GA. Elavon's network does everything twice (in parallel). A single component failure does not degrade the system. Elavon's network maintains three production systems and one completely separate test system to ensure that development and testing have no impact on production systems. Further, to ensure complete security and redundancy, Elavon's primary and back-up processing sites are fully redundant and capable of processing 100% of the company's normal transaction volume. Elavon could completely lose one data center without any interruption in service. In addition, Elavon's network routes transactions through two completely separate telecommunications networks to ensure consistent dial -up connections. In the event our platform should fail, Elavon maintains a comprehensive Business Continuity and Disaster Recovery Plan (BC/DR Plan). Each of Elavon's departments maintains a BC/DR Plan that contains the procedures necessary for the resumption of normal operations. Elavon conducts yearly BC/DR recovery exercises to test the viability of continuity plans and disaster recovery configurations. Elavon's BC/DR Plans are also subject to compliance audits and internal audits to ensure that organization, best practice, and regulatory requirements are met. Elavon is subject to Visa's Payment Card Industry Data Security Standards (PCI), MasterCard's Site Data Protection Program (SDP), the Gramm -Leach -Bliley ACT (GLBA), and the Sarbanes-Oxley Act (SOX). Elavon undergoes audits and tests from multiple agencies such as the Office of the Comptroller of the Currency (OCC). If a catastrophic event should occur at either of the Elavon locations, Elavon's network and transaction systems remain fully functional at the non -affected location. Elavon can have the backup site up and running in 30 minutes to maintain redundancy. The backup site is used whenever Elavon's network brings down any one of its transaction servers for scheduled maintenance. ' Elan 8 July 27, 2011 l�m>J R 00 City of Tamarac Merchant Processing Services 4. Identify testing methodologies to ensure proper integration with the City's applications. Elavon can meet any necessary testing requirements of the City. Testing methodologies will vary based upon the product and merchant environment. Elavon's provides a testing platform and we will provide you with test numbers and/or cards to use during the testing process. Some certified products may also be tested in a production validation environment. Where necessary, we will make all required product resources available to the City as needed to schedule any required testing for any existing applications.' . 5. Identify client acceptance methodologies with respect to City funds transfers. Elavon will deposit for each Biller Agency or Department the gross amount of all VISA. MasterCard. Discover. Debit. and E-Cheek transactions transmitted prior to 10:00 PM Eastern. Transaction funds are deposited and typically available to the City in 24-48 hours. The posting of all other card types accepted to your checking account depends on the City's arrangements with each association. American Express, Diners, and ]CB are typically deposited with 48 to 72 hours following transmission. Submit your Technical Plan for each E-commerce interface, and supply a copy of your current Visa/Master Card Interchange Rates. All current applications would continue in their current state. One point:jClick2Gov: 0 City of Tamarac 4 One point/Click2Gov 4 TSYS Network 4 Elavon 4 Payment Settlement to the City (TD Bank) This process is in place today and would remain moving forward if Elavon is selected as the successful bidder. Vermont Systems: City of Tamarac 4 RecTrac/WebTrac 4 Plug n Pay --> Elavon Network -i Payment Settlement to the City (TD Bank) Visa JMasterCard Interchange: Elavon recommends that the City not rely wholly upon interchange rates provided by the various respondents. Interchange rates are updated a couple of times a year and there are now over 1,000 interchange rates available, most of which are not applicable to the City. As such, there is a possibility that the City will receive inaccurate information from some respondents. Association Interchange fees represent the largest portion of the City's total payment processing cost. As such, we would encourage the City to evaluate respondents not only upon proposed acquiring pricing/fees but also based upon who can provide the most expertise relative to public sector and emerging market payment processing to achieve the lowest total (all -in) processing fees for the City. Interchange rates for utility transactions are currently as low as $0.45 - 0 Elwin 9 Duly 27, zoa at 6 City of Tamarac Merchant Processing Services $0.65/transaction for MasterCard and as low as $0.75/transaction for Visa/Discover. Most utility transactions will qualify at these rates if ocessed jhrgugh a 12rgperly registergd utility acc t. Elavon is positioned to fully support the City in this regard. A sampling of current interchange rates has been provided below. The highlighted categories are those most likely to be encountered by the City. Additionally, all available interchange categories are available online as follows: Visa/lnterlink: hitp.-I/tinyur�.c mm/vrat�g (or) t s .vis . om mer ants o er tions inte c a e rates.htMI MasterCard: htt i url. mrate (or) hU;//www.mastercard.—cm/us/mercbant/sui2.VaWinterchangg rates.html Discover: httt l.com c-rate (or) htt . isc netwo ho a ac [n ricin Ve ' htrnl Discover Verification Code (required): disc5379 Elavon 10 July 27, 2011 City of Tamarac Merchant Processing Services Card r..___..________---____r----------------------- --------------------- -____.._____...._-------------1 i INTERCHANGE i TTASMTSIACG�SS FEES i INTERCHANGE i A5MT5/ACCESS FEES i o/n TVpe Description Rate + PI wo Rate PI % Rate + PI Na Rate + PI COS Retail 2 Card 1.43% + $0:05, 0.11000/ . $0.0230 0.8000 + " $0.25 0.1100% + $0.0230 V14 Present Utility*- 0:06% + $0.75 'G.1100% $0.0230 0.00% + $0.75 0..1100%: + $0.0230 Visa Utility Business 0.00% . + $1.50 0.1100% $0.0230 Visa CPS Retail 1.54% + $0.10 0.1100%: .$0.0230 . 0,95% + $0.20. 0.1100% + $0:0230 Visa Unlit*` 0.00% + $0.65 ` 0.1100% $0.0185.+ 185. 0.00% ` + $0.45 0.1100% W0185 M/C MC Utilities 0.000% } $1.50 um00%, =$O:OI85 M/C Business Enhanced ', x%. + . $0:65 0,1160% .° $0.0185 M/C Utili *** World Utility 0.000/0 + $0.95 0.1100% $6.0185 MC High Value 0.00% + $0.75 0.1100% $.0.0185` M/C Utilities World & World 0,00% + $1.50 , 0.1100% $0.0185 Elite Business M C Ut'ili Wodd Elite Utility 0:06% + $0.75 0.1100% $0,0185 M/C Utilities AIP.. 0.00% + $0,75 0,0925% .$0.0075 D5CV Rewards Utilities AIP Debit 0.000k + $6.00 0.0925% . $0.0075 0;004 + $0.75 0.0925%.`' + $0:0075 '. DSCV Utilities AIP Core 0.006/6 + $0,75 0.0925% $0.0075 DSCV Utilities AIP 0.00% + $035 . 0.09250/4 $0.0075 DSCV Premium Commercial 0.00% + $L50 0.0925% . $0.0075 DSCV Utilities . Emerging Markets 1.45% + $0.05 0.0925% $0.0075 DSCV AIP Core Diners Electronic 2.00% + $0.00 0.1100% $0.0185 M/C Emerging Market 0.00% + $0,00 0.1100% $0.0185 0.80% + $0.25 0.1100% + $0.0185 M/C Merit III 1.58% + $0.10 0.1100% $0.0185 1A5% + $0.15 0.1100% + $0.0185 M/C Small Ticket 0.00% + $0.00 0.1100% $0,0185 1.55% + $0.04 0.1100% + $0,0185 MC Enhanced Public 1.55% + $0.10 0.11000/0 $0,0185 M/C Sector CP High Value Public 1.55% + $0.10 0.1100% $0.0185 M/C Sector CP High Value 1.15% + $0.05 OA100% $0.0185 M/C Service Industries Public Sector CP 1.55% ' + $0.10 0.1100% $0.0185 MC World & World 1.55% + $0.10 0.1100% $0,0185 Elite Public Sector M/C & CP Emerging Markets 1,45% + $0.05 0,0925% $0.0075 DSCV I AIP Rewards Emerging Markets 0,00% + $0.00 0,0925% $0,0075 0.90% + $0.20 0.09250/u + $0.007S DSCV AIP Debit Retail AIP 1,71% + $0.10 0.0925% $0.0075 DSCV Rewards Retail AIP Debit 0,00% + $0.00 0.0925% $0,0075 1,02% + $0.16 0.0925% + $0.0075 DSCV International 1.16% + $0.00 0.0925% $0.0075 DSCV Electronic Elan' do 11 July 27, 2011 • City of Tamarac Merchant Processing Services (Consumer) CPS Rewards 1 1.65% + $0.10 0.11000/b $0.0230 Visa CPS Rewards 2 1.95% + $0.10 0.1100% $0,0230 Visa T&E Enhanced 1.90% + $0.00 0.1100% $0.0185 Convenience M/C Purchase Enhanced Merit 1.73% + $0,10 011100% $0.0185 M/C I III World Merit III 1.77% + $0.10 0.1100%' $0.0185 M/C High Value 2.00% + $0.00 0,1100% $0.0185 Convenience M C Purch High Value Merit 2.20% + $0.10 0.1100% $0.0185 M/C III Base Corporate Card 2,05% + $0.10 0.1100% $0.0230 Visa Level II Data Rate CPS Card Not 1,80% + $0.10 0.1100% $0.0230 1.60% + $0.15 0,1100% + $0,0230 Visa Present CPS E-commerce 1.80% + $0.10 0.1100% $0,0230 1.60% + $0.15 0.1100% + $0.0230 Visa Basic CPS E-commerce 1,80% + $0.10 0.1100% $0.0230 1,55% + $0,15 0,1100% + $0,0230 Visa Preferred CPS Retail 2 Card 1.43% + $0.05 0.1100% $0.0230 0.80% + $0.25 0.1100% + $0.0230 Visa Not Present CPS Retail Key 1.80% + $0.10 0.1100% $0.0230 1,60% + $0.15 0.1100% + $0,0230 Visa Entered GSA Large Ticket - 1.20% + $39.00 0.1 iD0% $0.0230 Visa existing International 2.00% + $0,00 0.1100% $0.0230 Visa Commercial Card International 1.10% + $0.00 0.1100% $0.0230 Visa Electronic International 1.97% + $0.00 0.1100% $0.0230 Visa Infinite Card International 1.80% + $0.00 0.1100% $0.0230 Visa Signature Card Purchasing Card 1.80% + $0.10 0.1100% $0.0230 Level III Data Visa Rate Purchasing Card 2,05% + $0.10 0.1100% $0.0230 Visa Level II Data Rate Purchasing Large 0.95% + $35.00 0.1100% $0.0230 Visa Ticket*** visa utility*** 0.00% + $0.75 0.1100% $0.0230 + $0.75 0.1100%+ $0.0230 Utility Business 0.00% + $1.50 0.1100% $0.0230 Visa Business Card 2.05% + $0.10 0.1100% $0.0230 Visa Level II Data Rate International 1.00% + $0,00 0.1100% $0.0230 Visa ASquirer Chi International 1.20% + $0.00 0.1100% $0.0230 Visa Issuer Chi Intemational 1.970/0 + $0.00 0.1100% $0,0230 Super Premium Visa Card Corporate Data 1.80% • + $0,00 0.1100% $0.0185 M C Rate III Enhanced Public 1,55% + $0,10 0.1100% $0.0185 M/C Sector CNP Int'I Corp, Purch. 1.50% + $0.00 0.1100% $0.0185 M C Data Rt II MC Key Entered 1.89% + $0.10 0.1100% $0.0185 1.64% + $0.16 0.1100% + $0.0185 $ MC Merit I 1.89% + $0.10 0,1100% $0.0185 1.64% + $0.16 0.1100% + 0 0185 $ Public Sector CNP 1.55% + $0.10 0.1100% $0.0185 MC I Enhanced 0.00% + $0,65 0,1100% $0.0185 M/C Lytir *** ElavOn 22 July 27, 2011 City of Tamarac Merchant Processing Services IInternational 1,10% + $0,00 0.1100% $0.0185 M/C Electronic lnt'I Full UCAF 1.54% + $0.00 0.1100% $0.0185 MC Int'I Merchant 1.44% + $0.00 0,1100% $0.0185 M C UCAF Utility*** 0.00% + $0.65 0.1100% $0.0185 + $0.95 0.1100% + $0.0185 M C World Utility 0.00% + $0,65 0.1100% $0,0185 MC World & World 1.55% + $0.10 0.1100% $0.0185 Elite Public Sector M/C CNP Enhanced Full 1.83% + $0.10 0.1.100% $0.0185 M C UCAF Enhanced 1.73% + $0.10 0,1100% $0.0185 M/C Merchant UCAF High Value Full 2,30% + $0.10 0.1100% $0.0185 M/C UCAF High Value 2-20% + $0.10 0.1100% $0,0185 M/C Merchant UCAF High Value Public 1,55% + $0.10 0.1100% $0.0185 M/C Sector CNP High Value 0.00% + $0.75 0.1100% $0.0185 M/C Utilities MC Utilities - 0.00% + $1.50 0.1100% $0,0185 M/C Business US Full UCAF 1.68% + $0.10 0.1100% $0,0185 1.15% d- $0.15 0,1100% + $0.0185 M/C US Merchant 1,58% + $0.10 0.1100% $0,0185 1.05% + $0.15 0.1100% + $0.0185 M/C UCAF World & World 0.00% + $1.50 0,1100% $0.0185 Elite Business M/C Utility World Elite Utility 0.00% + $0.75 0.1100% $0.0185 MC World Full UCAF 1.87% + $0.10 0,1100% $0-0185 M/C World Merchant 1.77% + $0.10 0.1100% $0,0185 M/C UCAF Card Not 1.97% + $0.10 0.0925% $0.0075 Present/E- Commerce AIP DSCV Rewards Card Not 0.00% + $0.00 0.0925% $0.0075 1,62% + $0.16 0.0925% + $0.0075 Present/E- Commerce AIP DSCV Debit Key Entered AIP 1.97% + $0.10 0.0925% $0.0075 DSCV Rewards Key Entered AIP 0.00% + $0.00 0,0925% $0.0075 1,62% + $0.16 0,0925% + $0.0075 DSCV Debit Public Services 1.50% + $0,10 0.0925% $0.0075 DSCV AIP Rewards Card Not 1.87% + $0.10 0.0925% $0,0075 Present/E- Commerce AIP DSCV Core International 1,16% + $0.00 0.0925% $0.0075 DSCV Electronic Debit Key Entered AIP 1.87% + $0.10 0.0925% $0.0075 DSCV Core Business Card - 2.25% + $0.10 0.1100% $0.0230 Visa Card Not Present Corporate Card - 2.20% + $0.10 0.1100% $0.0230 Visa Card Not Present Purchasing Card - 2.55% + $0.10 0.1100% $0.0230 Visa Card Not Present Commercial Card 2.10% + $0.10 0.1100% $0.0230 Business to Business - Visa Cor orate Commercial Card 2,10% + $0.10 0.1100% $0,0230 Visa Retail - Corporate Eavon 13 July 27, 2011 • 11 City of Tamarac Merchant Processing Services Commercial Card 2.10% + $0.10 0.11.00% $0,0230 Business to Business - visa Business Commercial Card 2,10% + $0.10 0.1100% $0.0230 Business to Business - visa Purchasing, Commercial Card 2.20% + $0.10 0.1100% $0.0230 Visa Retail- Business Commercial Card 2.30% + $0.10 0.1100% $0.0230 Retail - Visa Purchasing Corp Data Rate II 2.20% + $0.10 0.1100% $0,0185 M/C - Business Corp Data Rate II 2.50% + $0.10 0.1100% $0.0185 M/C - Fleet Corp Data Rate II 2.40% + $0.10 0.1100% $0,0185 M/C - Purchasing Corporate Data 2.15% + $0.10 0.1100% $0.0185 Rate 1I - M/C Cor rate Corporate Face to 2.50% + $0.10 0.1100% $0.0185 Face - Business M/C Cards Corporate Face to 2,15% + $0.10 0.11006/b $0.0185 M/C Face - Corporate Corporate Face to 2.400/b + $0.10 0.1100% $0.0185 M/C Face - Fleet Cards Corporate Face to 2.100h + $0.10 0.1100% $0.0185 Face - Purchasing M/C Cards Business Card 2.40% + $0.10 0.1100% $0.0230 Visa Electronic Commercial Card 2,95% + $0.10 0.1100% $0.0230 Visa Standard Corporate Card 2,25% + $0.10 0.1100% $0.0230 Visa Electronic CPS Rewards 2 1,95% + $0.10 0.1100% $0,0230 Visa EIRF 2.30% + $0.10 0.1100% $0.0230 1.75% + $0.20 0,1100% + $0.0230 Visa I International 1,60% + $0.00 0.1100% $0.0230 Visa Standard Purchasing Card 2,65% + $0.10 0,1100% $0.0230 Visa Electronic Purchasing 2.65% + $0.10 0,1100% $0.0230 Electronic with Visa Data Signature Card 2.30% + $0.10 0,1100% $0.0230 Visa Electronic Signature Card 2.70% + $0.10 0,1100% $0.0230 Visa Standard Signature 2.40% + $0.10 0,1100% $0.0230 Preferred Card Visa Not Present Signature 2.40-6 + $0.10 0.1100% $0.0230 Preferred Visa Electronic Signature 2.10% , + $0.10 0.1100°k $0.0230 Visa Preferred Retail Signature 2.95% + $0.10 0.11006% $0.0230 Preferred Visa Standard Standard 2,70% + $0.10 0,1100% $0.0230 1.90% + $0.25 0.1100% + $0,0230 Visa Corporate Data 2,65% + $0.10 0.1100% $0.0185 M/C Rate I Corporate 2,95% + $0.10 0.1100% $0.0185 M/C Standard Corporate T&E I - 2.50% + $0.00 0.1100% $0.0185 M/C Business Corporate ME I - 2.70% + $0.00 0.1100% $0,0185 M C I Fleet El av(Jn 14 July 27, 2011 City of Tamarac Merchant Processing Services Corporate T&E I - 2.70°% + $0.00 0.1100°% $0.0185 M/C Purchasing Corporate T&E I1 - 2.35% + $0,10 0.1100% $0.0185 M/C Business Corporate T&E II - 2.55°% + $0.10 0.1100% $0.0185 M/C Fleet Corporate T&E II - 2.55% + $0,10 0.1100% $0,0185 M/C Purchasing Corporate T&E III 2.30% + $0,10 0.1100% $0.0185 M/C - Business Corporate T&E 111 2.50% + $0,10 0.11000% $0.0185 M/C - Fleet Corporate T&E 1II 2.50% + $0.10 0.1100% $0.0185 M/C - Purchasing Diners Standard 2.52.50%+ $0.00 0,1100% $0.0185 M/C Enhanced Key 2,04% + $0.10 0,1100% $0.0185 M/C Entered Enhanced Merit 1 2.040% + $0.10 0,1100% $0.0185 MC Enhanced 2.95°% + $0.10 0.1100°% $0.0185 M/C I Standard Corporate T&E I - 2.40% + $0.00 0.1100% $0.0185 M/C I Corporate Corporate T&E I1 - 2.25°% + $0,10 0.1100% $0,0185 M/C Corporate Corporate T&E III 2,20% + $0.10 0.1100% $0.0185 M/C - Corporate International 1.60% + $0.00 0.1100°7o $0.0185 M/C Standard Int'I Corporate 2_00% + $0,00 0.1100% $0.0185 M/C Int'I Corporate 2.00% + $0,00 0,1100% $0.0185 M/C Purchasin Standard I 2.95% + $0,10 0.11000.1100%$0.0185 1.90°% + $0,2 00.1100% + $0.0185 MC World & World 2.370% + $0.10 0.11000% $0,0185 Elite Business -M/C CorpFace to Face World & World 2.82°% + $0.10 0,1100% $0.0185 Elite Business M/C Data Rate I World & World 2.37°% + $0.10 0,1100°% $0.0185 Elite Business M/C Data Rate 1I World & World 1.97% + $0,10 0.1100% $0,0185 Elite Business M/C Data Rate III World & World 3.12% + $0.10 0.1100% $0.0185 Elite Business M/C Standard World & World 2.67% + $0,00 0.1100% $0.0185 Elite Business T&E M/C I -+ World & World 2.52�% $0.10 0,1100% $0.0185 Elite Business T&E II rMC World & World 2,47�% + $0,10 0.1100% $0.0185 Elite Business T&E M/C III -+ World Elite Key 2.5M/b $0.10 0.1100% $0.0185 M/C Entered World Elite Merit I 2.502.50%+ $0.10 0,1100% $0.0185 MC World Elite Merit 2.20°% + $0.10 0.1100% $0.0185 M/C III World Elite 3,25°% + $0.10 0.1100% $0.0185 M/C Standard World Key 2,E% + $0.10 0.1100% $0.0185 M/C Entered World Merit 1 2.05% + $0.10 0.1100% $0.0185 MC World Standard 2.95% + $0.10 011100% $0.0185 MC Ela do 1s July 27, 2011 11 City of Tamarac Merchant Processing Services High Value Key- 2.50% + $0,10 0,1100% $0,0185 M C Entered MC High Value Merit 1 2.50% + $0,10 0.1100% $0,0185 Commercial 2.30% + $0.10 0,0925% $0.0075 Electronic DSCV Submission Emerging Markets 1.45% + $0,05 0.0925% $0.0075 DSCV AIP Premium Key Entered AIP 2.00% + $0.10 0.0925% $0.0075 DSCV Premium Mid Submission 2.4D% + $0.10 0.0925% $0.0075 Level AIP DSCV Premium Retail AIP 1.70% + $0.10 0.0925% $0.0075 DSCV Premium Base Submission 2.95% + $0,10 0.0925% $0.0075 DSCV Level AIP Rewards Base Submission 0,00% + $0.00 0.0925% $0.0075 1.89% + $0.25 0,0925% + $0.0075 DSCV Level AIP Debit Mid Submission 2,40% + $0,10 0.0925% $0.0075 DSCV Level AIP Rewards Mid Submission 0.00% + $0.00 0.0925% $0.0075 1.72% + $0.20 0.0925% + $0.D075 DSCV Level AIP Debit Base Submission 2.95% + $0.10 0,0925% $0,0075 DSCV Level AIP Core InternationalBase 1.70% + $0,10 0.0925% $0.0075 DSCV Submission Level International 1.16% + $0,00 0.0925% $0,0075 Electronic DSCV commercial Mid Submission 2.40% + $0.10 0.0925% $0,0675 DSCV Level AIP Core *excludes Direct Marketing SIC codes596X ** $0.35 Ca ***program requires re istration **** $0.95 Cap begins July 18, 2008 (through Oct 2009 t Eee Billed on Assessments Elavon 16 July 27, 2011 City of Tamarac Merchant Processing Services Proposers Qualifications and Background Elavon Profile Elavon has extensive knowledge and experience in supporting the public sector in today's environment. Bundled with our unparalleled customer service and 24/7 technical support, Elavon's public sector payment solutions comprise a powerful suite of tools that will enable The City of Tamarac to offer your constituents a variety of payment options and address the unique challenges you face in managing the business of government. More than 1 million merchants and in excess of 20,000 public sector clients trust Elavon to efficiently and securely manage their payments business. We extend powerful payment solutions, flexible connectivity, and effective fraud monitoring tools to customers around the globe —from smaller retail merchants to national retailers, as well as large organizations in segments such as hospitality, healthcare, and the public sector. Elavon, Inc. (Elavon), the fourth largest processor in the U.S., is a wholly owned subsidiary of U.S. Bancorp. U.S. Bancorp, with assets of $308 billion, is a publicly traded company on the New York Stock Exchange under the symbol USB. Our largest client processes over seventeen billion dollars in volume annually with approximately 68 million annual transactions. Elavon has provided merchant services to the public sector for 20 years and we currently provide services to approximately 20,000 accounts, processing $13.5 billion annually, for Governments, Higher Education, and Utilities. We provide services for 14,000 state and county governments and large cities in the U.S. In an increasingly complex business landscape, Elavon is your global source for innovative payment solutions —the one company that clients and partners everywhere trust to securely and reliably manage their payments business. Whatever you need and wherever you need it, we deliver innovative and secure solutions to help you increase revenues, decrease costs, and sharpen your competitive edge. Elavon provides end -to -end payment processing services to merchants and financial institutions in the United States, Puerto Rico, Canada, Mexico, and throughout Europe. Our payment products are supported by the most reliable network in the industry and include credit and debit card processing, electronic check services, gift cards, and dynamic currency conversion. We handle every aspect of the acquiring relationship --transaction processing, risk and underwriting, settlement, equipment deployment, chargeback management, reporting, and customer service. Our customers can also count on us to keep their payment processing compliant with changing payment security requirements. Elav' dh 17 July 27, 2011 • • • AAA City of Tamarac Merchant Processing Services 0 PROPOSER'S QUALIFICATION STATEMENT The Proposer, under oath certifies to the truth and correctness of all statements and of all answers to questions made hereinafter: 1. If Proposer is a corporation, answer the following: a) Date of Incorporation:1991 State of Incorporation: GA 2. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? Elavon was founded as Nova Information Systems and began offering card -processing services in 1991. In July 2001, Nova Information Systems became a wholly owned subsidiary of U.S. Bancorp. In April 2008, Nova information Systems was re -branded under the Elavon name for all global operations. Today, Elavon provides an expanding global reach that delivers merchant processing in more than 30 countries and supports the payment needs of more than 1 million merchant locations worldwide. 4. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Jeremy Krahl is Rgaignal Salgs anaaer for Elavon, specializing in providing service to Government and Institutional clients. Jeremy is responsible for Government/Institutional business development across the Southern U.S. markets and provides solution design, presentation, pricing, and implementation plan development services to enable payment acceptance across multiple channels including Retail, Internet, Card -Not -Present, IVR, and Emerging Markets/Technologies. Jeremy has been with Elavon since 1999. Prior to his current role he was Director of Public Sector Market Development. His primary responsibilities included market research, emerging technology analysis, and new product and process development tailored to the unique requirements of public sector merchants. Jeremy has also held a number of other positions within the organization during his tenure including Relationship Manager, Solutions Engineer, and Sr. National Accounts Manager. Jeremy has been involved with the solution design and delivery, network certification, implementation support, and interchange expense management strategy development for multiple advanced -level merchant projects. Jeremy has also spoken at multiple industry conferences on the subject of managing a merchant card program in the public sector including the application of a convenience fee program and the associated regulatory rules, risk management, marketing, and support/maintenance issues associated with such a program. Elavon 18 July 27, 2011 City of Tamarac Merchant Processing Services Jeremy is based in Knoxville, TN. 5. State the name of the individual who will serve as the primary contact for the City: Jeremy Krahl will serve as the City's primary contact. 6. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: Elavon is a wholly owned subsidiary of US Bancorp (NYSE. USB). As of this response there is no known individuals/business in possession ofgreater than 5% of outstanding common stock. 7. Has your company ever declared bankruptcy? Yes No If yes, explain: 8. Have gpwrAK received a contract or a purchase order from the City of Tamarac or other governmental entit Yes No If yes, explain: (date, service/project, bid title etc.) Elavon is the current merchant services processor for the City of Tamarac. 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entit�Olf ? Yes yes, explain: 10. Have you ev en debarred or suspended from doing business with any governmental entity? Yes 0NO If yes, explain: • Elav�'n 19 July 27, 2011 City of Tamarac Merchant Processing Services Pricing Proposal Elavon Elavon, Inc. PAYMENT PROCESSING PROPOSAL July 27, 2011 Thank you for the opportunity to present the following proposal for payment processing. Elavon is the one of the Nation's largest payment processors, has over 1,000,000 merchant customers and maintains the industry's #1 rated network for speed and reliability, as rated by MasterCard International. For additional information regarding all available products/services please visit us online at www.elay„on.com/us. Proposed Pricing - Schedule of Fees Discount Rate Schedule': Visa / MasterCard / DiscoverZ: Qualified Swiped: Mid -Qualified (Key Entered): Non -Qualified (corporate/business/foreign) Elavon Processing Pee: Optional - American Express (utility only) Interchange, Dues & Assessments Pass -through' Interchange, Dues & Assessments Pass -through' Interchange, Dues & Assessments Pass -through' 0.19% 2.89%+$0.15 per -item (retail) 3.50%+ $0.15 per -item (card not present) "Tofg1costger transaction with er in m rk t tilit rates will iftely a verage $1.00- $15gger item. Network allthg tion Access Fees: Elavon Network Authorization: TSYS (Vital) Network Dial Authorization Other Transactions Fees: PIN/PINLess Debit Processing3 Elavon Debit Processing Fee: Voice Auth Pee: Voice Auth + Operator Assisted: Voice Auth + Issuer referral: $0.04 per -item $0.07 per item Debit Network Pass -through $0.30/transaction $0.75 per item $0.90 per item $4.00 per item ' Based on current Interchange, Dues and Assessments (1D&A) from Visa USA and MasterCard International. Other qualification levels subject to surcharges pursuant to the current ID&A. If there is an increase in ID&A, Elavon will adjust rates accordingly 2 Discover acquiring available for merchants not retained directly by Discover 3 Debit Network cost pass -through applies. Requires YIN -pad peripheral equipment certified to Elavon FIN encryption for all card -present transactions and network registration for PINLess Debit Elav"AL 20 July 27, 2011 City of Tamarac Merchant Processing Services Non-Bankcard Fees: Amex, Diners or JCB Card Processing:' $0.15 per item Discover Card: Rate set at MasterCard equivalent al Service -Electronic Check Conversion/Processine (Point of Purchase & Accounts Receivable):" EC5 w/Check Verification: $0.37 per item ECS w/Guarantee: $0.37 per item + 1.99% (POP), 2.29% (ARC)6 Check maximum: $15,000 (verification) or $2,500 (guarantee)' Monthly Minimum: $25 Returned Checks": $5 per occurrence NSF billing service: $2 per occurrence Optional EnQuire"m Image Web Access: $29.95 Monthly per User Other Account Fees. Monthly Support fee: $5 Monthly Electronic Statement fee: $0.00 (waived) Paper Statement fee (optional): $5 Monthly minimum fee: $35 Chargeback Fee: $15 per occurrence Reporting: Basic Online Merchant reporting: $0.00; Free through www.merchantconnect.com Advanced Merchant Connect Premium (MCP'") by Elavon Monthly Access Fee — Full Chain Level Reporting: $15 (1-5 users), $55 (6-10 users), $95 (11+ users) Available Software Solutions VirtualMerchant'm by Elavon single -merchant license: VirtualMerchantTm by Elavon unlimited -user license: VirtualMerchantTm by Elavon Monthly Gateway fee: VirtualMerchant Gateway Per -Transaction fee: InternetSecure Web Gateway with Tokenization: InternetSecure Web Gateway Monthly fee: InternetSecure Web Gateway Per -Transaction fee: Optional Hardware Peripherals: Magtek Mini Wedge Card Reader: RDM6111f Check Imager (card swipe + check imager) VeriFone P1000SE Pin Pad Epson ReadyPrint T20 Thermal Printer 4 Discount rates apply and obtained directly from card issuer. 5 Compatible Check imager required $499/location or $23/month lease $1,799 9 $5/month per merchant $0.00 $699/merchant $10/month per merchant $0.00 $119 purchase or $5/month lease $519 purchase or $22/month lease $129 purchase or $6/month lease $229 purchase or $16/month lease 6 NACHA designations, face-to-face (PUP) and payer non -present (ARC). ' Higher per -check limit may be available upon request and Underwriting approval 8 Not applicable to Guarantee Service 9 Includes unlimited users and merchant(s) across any acceptance channel including Card-Present/Retail, Card -Not - Present (Mail/Phone), and Internet. Unlimited license is available to all merchants boarded with the same Fed Tax 1D (different tax IDs will require different licenses) Elawin 21 July 27, 2011 is • t` • • City of Tamarac Merchant Processing Services All Leaseslo Available Equipment Hardware Solutions RDM Terminal: RDM Synergy II Combo Check/Credit Card Terminal: $899 purchase or $40/month lease VeriFone_ Terminals: VeriFone Vx570 Dial/IP Terminal Printer combo" $799 purchase or $35/month lease VeriFone Vx610CDMA Wireless Terminal Printer combo $1,229 purchase or $51/month lease VeriFone Vx610 Wireless Fee: $20 one-time activation, $19/month per device Optional Peripherals: VeriFone P1000SE PIN Pad RDM6014f Check Imager: Visa M/C Application & Setup Fee: Future Per -Merchant Add Location Fee: Existing Terminal Re -Program Fee: Existing PINPad Encryption Fee: Annual PCI Validation Fee Annual PCI Audit Fee (Optional) $129 purchase or $6/month lease $519 purchase or $22/month Lease Application I Setup Fees $ waived $1z $ waived $ $ waived $ '3 $35 14 up to $35 15 up to $175'r' t0 48-month lease from Ladco Leasing, Inc. 12, 24, 36, and 60 month terms available (ask for pricing). 11 Mote _ IP Terminal communicates via an Internet connection — no phone line is required 12 Inclusive of all locations implemented during initial implementation phase �3 Compatible and pre-existing merchant -owned equipment only t4 Compatible and pre-existing merchant -owned equipment only 15 Fee based upon individual relationship(s) but may be up to $35 per year per account. 16 Annual PC] Audit is required but merchant may use any certified auditor (not required to use our service) ElaW n 22 July 27, 2011 City of Tamarac Merchant Processing Services Additional Information * www.merchantconnect.com - Elavon's online interactive Customer Service site provides an interactive support site to our merchant base for accessing information about your Elavon accounts including daily updates of your processing statement, free of chase. • Equipment Warranty: All Elavon purchased equipment will enjoy the Elavon 35/150 equipment warranty, which replaces any/all defective equipment overnight via Next Day Air, with equivalent equipment for features, functions, capabilities and compatibility, plus a call, install and phone training to the location for $35 during the first year (including shipping & handling), $150 for years two and after, for the life of the equipment while your processing on the Elavon Network. Overnight effective delivery for the next AM must be ordered from Elavon before 3pm EST, otherwise delivery will occur the following day AM. • Discover E-Check and Debit Consolidation: All payments are processed and settled directly to your DDA account and all month -end fees, and reporting options are inclusive of all payments processed to the Elavon Network. + Price Match Promise: We are confident that you will experience the best in processing performance and service with Elavon. However, should you receive an offer, now or in the future, of lower pricing or any alternate pricing that you feel would better benefit your organization we will "meet or beat" that offer, guaranteed! + New merchant accounts/executed agreement(s) will be required for new rate program(s) quoted to be become effective. Elavn 23 July 27, 2011 • • • City of Tamarac Merchant Processing Services City of Tamarac Purchasing and Contracts PROPOSAL FORM RFP 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES PROPOSAL PRICE Monthly Fee 1 128.87 (Based on Average cost for COMPARISON PURPOSES ONLY!) In order to allow for a comparison of transaction costs, please provide an average cost for performing Merchant Credit Card Processing Services based on data collected for Calendar Year 2010, as reflected in Attachment A. Price/Cost component shall be evaluated based on the "typical" volumes, as shown in Attachment A. PLEASE INCLUDE A COMPLETE PRICING SCHEDULE FOR ALL TRANSACTION CHARGES AND FEES. SUBMITTED BY: Company Name: Elavon, Inc Address: 8731 Amberleigh Drive, Suite 101 City: Knoxville State: TN Zip: 37922 Telephone: 865.693.1231 FAX: 865.403.5408 Email: Jeremy.krahl@elavon.com NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. Note, above monthly fee provided was calculated using the following information: Projected annual volume: $5.9m Projected annual transaction count: 58,410 Projected annual discount fee: $11,210 Projected annual authorization fee: $2,336 Projected annual total Elavon fee(s): $13,546.40 Projected monthly Elavon fee(s): $1,128.87 All association interchange fees will be passed through to the City at cost. Elavon 24 July 27, 2011 CITY OF TAMARAC CRDEIT CARD INFORMATION Aquatic Center $ 49,060.63 $ 23,291.98 $ 73.66 1,550 1590.88 Community Center (Parks) 113,601.45 60,685.31 2,267 2832.1 Community Center (Utility) 760,646.66 9,976.89 2,160.77 7,131 13367.37 Building 197,228,35 56,325.16 908 5891.6 Internet 728,475.35 359,545.02 10,063 20197.03 B50 18,025.30 7,918.15 51 951.34 City Hall 74,606.32 2,857,60 1,168.90 600 2117.69 Webtrac* 71.00 - 3 555 Utilities (Internet) 1,992,188.74 838,819.96 28,437 43927.43 Utilities (IVR)* 500,000.00 92,000.00 7,200 OLC (IVR)* 20,000.00 3,000.00 200 $ 4,453,903.80 $ 1,454,410.07 $ 3,403.33 58,410 $ 91,430.44 *Estimated- not active in 2010 SALES BY CARD TYPE NO.OF TOTAL LOCATION VISA MASTERCARD DISCOVER TRANS. CHARGES Aquatic Center $ 49,060.63 $ 23,291.98 $ 73.66 1,550',\'; 2,267 Community Center (Parks) 113,601AS 60,685.31 Community Center (Utility) 760,646.66 9,976.89 2,160.77 7,131 'I ; Building 197,228,35 56,315.16 908 Internet 728,475.35 359,545.02 10,063 fib* 850 18,025.30 7,918.15 City Hall 74,606.32 2,857,60 1,168.90 600 Webtrac* 71.00 - 3 £A;. ,r Utilities (Internet) 1,992,188,74 838,819.96 28,437 1t ' Utilities (IVR)* 500,000.00 92,000.00 7,200a+ OLC (IVR)* 20,000.00 3,000.00 $ 4,453,903.80 $ 1,454,410.07 $ 3,403.33 58,410 $ 79,704,19 *Estimated- not active in 2010 0 City of Tamarac Merchant Processing Services References, Sample Billing Statement, Reporting Elavon fully understands the public sector processing environment and has the ability to meet all of your processing requirements. Moreover, Elavon currently provides credit card processing services for many of the largest counties, cities, utilities, universities, and other government agencies in the country with substantial transaction volume. However, in our efforts to protect client confidentiality, we will be glad tp proyide r ferences upon our selection as a finalist. We would extend to you, as our client, the same consideration. Additional Information: • Nationwide, Elavon currently maintains in excess of 12,000 merchant accounts in the Tax and Government sector space (utilities and higher education excluded). • These 12,000+ merchants currently process in excess of 60 Million payments annually • Our largest customers in this space process in excess of 1 Million payments annually • Total Elavon payment volume within the Government/Tax space (excluding utilities and higher education) is in excess of $6 Billion annually • Total processing volume including Government, Tax, Utilities, and Education exceeds $13 Billion annually representing in excess of 140 Million payments • The Elavon Network processes in excess of 215 Million payments/month Please see enclosed, appendix 1, for a sample billing statement. MerchantConnect Premium will allow you to view the following reports: ✓ Merchant No. Settlement Report ✓ Business Name A`settlement summary, shows daily settle. rent totals ✓ Settlement Date by location for: a specified date. or, range of dates. ✓ Paid by Merchant Services There are increasing levels of detail available ✓ Paid by Others through this report byselecting the..highlighted links: ✓ Total Settled found on each page. Report can be. created at a merchant; chain,,or emit level. ✓ Settlement Date Batch Summary ✓ Batch No. View the list of batches by 'location based upon the ✓ Items date they, were settled; There are increasing levels of ✓ Paid by Merchant Services detail available through thisreport by:selecting.the ✓ Paid by Others highlighted links Todrid on each page Reporx is ✓ Net Settled available as .a ;:drill dawn tnrough the ' :Settlement Summa ✓ items Batch detail ✓ Sales View a summary of transactions kay eard.: type for ✓ Credits specific batch. You can drill down to a list of ` ✓ Net Total transactions by,selecting the. hig . ighted:;links fora, specific card tvne or all -card tvnes. Report Elav'n 25 July 27, 2011 City of Tamarac Merchant Processing Services available as a drill down throu h the Batch Summa .. ✓ Merchant No. Transaction Summary ✓ Store View a listing of all transactions within a specific ✓ Card Type batch. You can drill down to view a particular ✓ Card No. transaction's details by selecting the highlighted link. ✓ Trans. Type You can also run this report directly and view all ✓ Trans. Amount transactions by the actual date of settlement. Report ✓ Trans. Date is available as a drill down through the Batch Detail ✓ Post Date or directly. ✓ Auth. Cade ✓ MPS Reference No Transaction Detail ✓ GBOK Review important details related to.specific ✓ Trans. Ref. No. transaction. You can drill down to view authorization ✓ Batch No. details. ✓ Sales Tax $ ✓ Cash back $ ✓ MCC ✓ AVS Response. Code ✓ Purchase Type ✓ Sales Tax Indicator ✓ Customer Code ✓ Purchase ID ✓ Exp. Date ✓ Auth Approval Code • ✓ POS Entry Mode ✓ Check No ✓ Bank Routing No ✓ Qualification ✓ Card Class ✓ Card Type ✓ Mail Phone Indicator ✓ Market Indicator ✓ Custom Data Field 1 ✓ Auth. Amount Authorization Detail ✓ Card No. Check details related to a specific transactions. ✓ Auth. Code authorization. ✓ Approval Code ✓ Auth. Date ✓ Auth. Time ✓ Merchant ID Settlement By Card Type Summary (Trans, ✓ Store Summary Drill Down) ✓ Card Type Create a summary of transactions aggregated by card ✓ Settlement Date type and batch for a specified date or range of.dates;. ✓ Type based upon the batch settlement date.There`. are`: ✓ Trans. Amount increasing levels of detail available inside: this report ✓ Trans. Date by selecting the highlighted links found 6-q each page. ✓ Credit Amount Re ort available at MID or chain level ✓ Net Total Elan 26 July 27, 2011 City of Tamarac Merchant Processing Services ✓ Batch No. Transaction Search ✓ Trans. Type MID, Chain or Entity ✓ Merchant No. ✓ Process Code ✓ Trans. Amount ✓ Trans. Date ✓ Trans. Reference No. ✓ Case ID Chargeback List ✓ Card No. Produce a list of chargebacks based upon various ✓ Airline Ticket No. criteria. You can then navigate to detailed ✓ Usage Code/Description information about each case by clicking on the ✓ Status highlighted link. ✓ DBA ✓ Store ✓ Merchant No. ✓ Chargeback Amount ✓ Transaction Date ✓ Chargeback Date ✓ Expiration Date ✓ Reverse Date ✓ Days To Critical ✓ Reason Code ✓ Reason Code Description ✓ Card Type Chargeback Profile ✓ Reason Code Description Produce a summary of chargeback activity by reason ✓ Reason Code code, chargeback cycle or reversal activity; which can ✓ Count be used to analyze trends in exception 'processing ✓ Amount activity for your business. Report can be created at`a ✓ Percent merchant, chain, or entitK level. ✓ Case 1D Retrieval List ✓ Card Number Produce a list of retrievals based upon various ✓ Ticket Number criteria. You can then navigate to, detailed ✓ Status information about each case by clicking on the ✓ Merchant ID highlighted link. ✓ Store ✓ Retrieval Amount ✓ Retrieval Date ✓ Fulfilled Date ✓ Expire Date ✓ Sub Draft ✓ Card Type Retrieval Profile ✓ Description Produce a summary of retrieval (copy request) ✓ Reason Code activity by reason code or case status. You can use. ✓ Count this information to analyze trends in. exception ✓ Amount processing activity for your business. Report can be ✓ Percent of Total Amount created at a merchant, chain, or entity level. Elwin 27 July 27, 2011 City of Tamarac Merchant Processing Services ✓ Merchant Number Qualification Transaction Summary ✓ Best Expected Rate Review detailed information about each transaction ✓ Card Type/Class that was downgraded from the best rate. ✓ Actual Qualified Rate MerchantConnect also contains a .Qualification Guide ✓ Cardholder Number about each of the. MasterCard and. Visa transaction.. ✓ Transaction Amount interchange levels. Reports can only be created..from. ✓ Transaction Date :a merchant level: ✓ Transaction Type ✓ Downgrade Reason Descri tion ✓ Card Class Downgrades By Level ✓ Qualification Level This report shows volumes of transactions that did ✓ $ Trans not qualify for the hest interchange levels for a ✓ No. of Trans specific date range.. The Qualification Guide. in ✓ Percent of Total Trans. MerchantConnect contains information about each of the, MasterCardand Visa transaction :interchange levels. Report.can only.. be created from .a merchant level. ✓ Reason Downgraded Downgrades By.Reason ✓ % Trans This report provides reasons why transacti©ns`were ✓ # Trans downgraded from the best rate... MercharitConnect. ✓ $ Trans also contains a Qualification ..Guide about each of the MasterCard. and: Visa transaction interchange levels. Report can onix be created from a merchant level. . ✓ Card Type Interchange Qualification Summary ✓ Interchange Level This report gives summary information of ✓ No. of Interchange Qualification 'on' transactions within a' ✓ Net Sales selected date range. MerchantConne:ct also:.contain8 a ✓ Average Ticket Qualification Guide about each. of the MasterCard and ✓ Percent of Trans Visa transaction interchange levels: Report can be created at'a me khant or chain level. Distributed Software Reporting Seltitions For large merchants with multiple distribution require specialized reporting capabilities, Elavon' channels or complex reporting hierarchies that ACS (Automated Customer Service) tool is ideal. With ACS, you can easily configure and view detailed reports from across multiple locations, including transaction activity, statement detail, and card type history - all from the security of this Windows -based desktop application. User access controls ensure that only those users with proper permissions view detail information. Data is easily exportable to external applications for additional data management and reporting. ACS offers a comprehensive list of available reports. Elan 28 July 27, 2011 • • is City of Tamarac Merchant Processing Services Authorization Search for authorization transaction activity by merchant Reports number, terminal id, account, or date range You can view settlement activity by merchant number, Settlement Reports terminal id, account, or date range. You can view summary or detail activity. Chargeback and You can search for chargeback information by date, agent Retrieval Reports #, or merchant number. View detailed monthly statements by merchant number Statements with a summary section followed by supporting deposit and fee detail. Custom Reports ACS offers the ability to create custom reports for both authorization and settlement information. Exception reports are available which include: % of Chargeback volume to gross sales; % of return volume to daily gross sales; processed volume to projected volume; average ticket to approved average ticket; largest ticket Exception Reports per batch to average ticket; chargeback by reason code; excessive keyed transactions; number of credit transactions to set maximum; and number of transactions over daily maximum. The Interchange Summary Report supplies summary Interchange interchange codes listed by card type. This report allows Summary Report you to proactively monitor your merchant locations for proper compliance. Elavdh 29 July 27, 2011 City of Tamarac Merchant Processing Services • Financial Information Elavon, Inc. (Elavon) the fourth largest processor in the U.S., is a wholly owned subsidiary of U.S. Bancorp. Elavon is the fourth largest processor in the country. U.S. Bancorp, with assets of $282 billion (as of June 2010) is a publicly traded company on the New York Stock Exchange under the symbol USB. Please see our annual report at: htt hx.cor at -i . et hoenix.zhtml?c=117565& =irol-re ortsannual (00 httu: I Itinyurl.eoin IEIa,von <~ inanci als Also see below for rating information: DEBT RATINGS Last. Change in Ratings June Nloody's S&P Fitch DBRS Ratings Outlook: Negative Stable Stable Stable Current Ratings: U.S. Bancorp Individual A/B Sr. Debt & MTNs Aa3 A+ AA- AA Subordinated Debt Al. A A+ AA (low) Preferred Stock A2 BBB+ A+ A Short-term Debt F1+ R-1 (middle) Commercial Paper P-1 A -I F1+ R-1 (middle) U.S. Bank National Association I..-T Deposits Aal AA- AA AA (high) S-T Deposits P-1 A -I+ Fl+ R-I (high) Subordinated Debt Aa2 A+ A+ AA Bank Note Program Aal/P-I AA -/A -I+ AA-/Fl+ AA (high) Commercial Paper P-1 A-1+ Fl+ R-1 (high) U.S. Bank National Association ND L-T Deposits Aal AA- AA S-T Deposits P-1 A-1+ F1+ Bank Note Program Aal/P-1 AA-/A-14 AA-/Fl+ • ' Elavn 30 July 27, 2011 City of Tamarac Merchant Processing Services Compliance Documents An executed copy of all City -required compliance documents and addendum acknowledgements has been provided with the original response only. Dr, IAGtS Elavdn 31 July 27, 2011 -------------_..- -___ _......._.____....... �____._. _._----------- BEFORE SUBMITTING C:ily cif T�Innr'ac f>urclrasing anti L'ontrncfs YOUR PROPOSAL, MAKE SURE YOU... 1. Carefully read the General Terns & Conditions, Special Conditions and the General Requirements. ® 2. Provide an Introductory Letter. 3 Provide a Technical Plan to respond to the City's requirements along with Visa/Master care Interchange Rates 4 Complete the Proposer's Qualification Statement included herein. as well as any additional Information to validate proposers capabilities: Use additional sheets as necessary. 5. Include a Pricing Proposal which includes your ggMPLETE PRICING SCHEDULE FOR ALL TRANSAQMN OAR= AND FEES (See Proposal Form). 56. Provide References, preferably with similar governmental agencies similar to the City. U7. Provide sample billing statements and copies of reports to be provided to the City. ® a. Include all necessary Financial Statements requested. 9. Sign the Certification page. Failure to do to will result in your Bid being deemed non- responsive. 1010. Fill out and sign the Non -Collusive Affidavit and have it properly notarized 11. Sign the Vendor Drug Free Workplace Form_ 12 Fill out and sign the Certified Resolution. 13 Include proof of insurance. — 7rpvide v��h Gtnrp�� 14 Provide any additional documentation requested within the Proposal Document. ®,15 Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal Is submitted PRIOR to the deadline. Late Proposals will not be accepted. Failure to provide the requested attachments may result in your proposal being deemed nonresponsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. 21 is City of Tamerac CERTIFICATION Purchasing and Contracts We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the. Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to. Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. SUBMITTED TO: City of Tamarac Purchasing. and Contracts Manager 7525 NW 88°i Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION OTHER ❑ If "Oth r", Explain: utho ed Signature Company Name T pad/Printed Name Address Telephone City, State, ZIP (10 3 Fax Federal Tax ID. Number dcre- //^AAI a' laval, ca" above signer (if arty) -t 5 0/ Sep V,. c C - pl e 4. c 're Aiic, '— z2 City orT Tarnow ACKNOWLEDGMENT SScG NON -COLLUSIVE AFFIDAVIT len.,c State of Redo County of �( Purc!►wi71i4 and ujnirwts On this the `day o - , 20�_, before me, the undersigned Notary Public of the State of , personally appear �� . and (Name(s) of Ind' idual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/shelthey executed it: WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: \"S r`� 4 M. ►r►� ��p�fi; Ch STATE y OF . 7� - ` TENNESSE[H NOTARY a° PUBLIC' NOTARY PUBkf ATE Ot=�RtW t orx-1, 'y's--e. (Name of Notary Public: Print, Stamp or Type as Commissioned) El Personally known to me, or -Produced Identification: (Type of Identification Produced) 110 DID take an oath, or O DID NOT take an oath • cityoframa;ac Purchasing and Contracts VENDOR DRUG -FREE WORKPLACE Prefers may be given to vendors submitting a certification with their bid/proposal certifying they have a drug free workplace In accordance with Section 287.087, Florida Statutes. This requirement at%cts all public entities of the State and becomes effective January 1,1991, The special condition is as follows: IQENT_, !CAL T)E t31DS - Prefrrence may be given to businesses with drug4me workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bide will be followed if none of the tied vendors have a drug-Ime workplace program. In order to have a drug w workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the acticros that will be taken against employees for violations of such prohibition. Inform emptyees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug couns*V, rehabilitation, & employee assistarice pn *ams, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing commodities or contractual svcs., that are under bid a copy of the statement specified In subsection (1). In the statement specified in subsection (1), notify the empbyees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plers of guilty or nolo contendere to, pry violation of chapter $93 or of any controlled substance law of the United States or any state, for a violation occurring In the workplace no later than fire (5) days alter each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. A�t_ ed Signature Company Name : 00 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 8W" AVENUE TAMARAc, FL 33321 is "Committed to Excellence ... Alwoys" ADDENDUM NO. 1 REQUEST FOR PROPOSAL 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES DATE OF ADDENDUM: JULY 20, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Request for Proposal #11-31R, MERCHANT CREDIT CARD PROCESSING SERVICES. The following questions have been received by the Purchasing & Contracts Division: 1. Q. Please provide two months of merchant services statements from Elavon for each location. A. Copies of twelve (12) months of statements by location are provided, and are currently available online at htt :llwww.tamarac.or cit -de a ments/f<nancial- services/ urchasin current-solicitations.as x 2. Q. Please provide more information regarding the IVR System and how it integrates with your credit card processing. A. The IVR has not yet been implemented, once implemented it is expected that the system will be used for credit card payments, customers accounts will be updated real-time. The lVR will be hosted by Selectron Technologies Inc. and Plug'n Pay will provide the gateway. 3. Q. SunGard Public Sector — can you provide more information regarding the processing rates and fees? How does the SunGard Public Sector software integrate with your current processor? A. We do not presently pay a transaction fee to Sungard Public Sector, however, as we move towards PCI compliance Sungard will be storing our encrypted credit card information for a fee of $0.075 per transaction "Out of Network'; and $0.055 `in Network". Presently Internet payments are fully integrated in the system, face to face payments have to be keyed in. In a few months the City will institute a new 7525 NW 88th Avenue a Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www,tamarac.org Equal Opportunity Employer cash receipt system (One Point) also provided by Sungard Public sector which will allow the cashiers to swipe and validate payments directly into the system. 4. For your reference, fee and system specifications for the Sungard Public Sector One Point System are attached hereto. All other terms, conditions and specifications remain unchanged for RFP # 11-31 R. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager Attachment L 1pvv,� �n C . COMPANY: NAM . e. IV /� CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAmARAC, FL 33321 "Committed to Excellence... Always" FT1174:I011111j i M:Lelw REQUEST FOR PROPOSAL 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES DATE OF ADDENDUM: JULY 22, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Request for Proposal #11-31R, MERCHANT CREDIT CARD PROCESSING SERVICES. The following questions have been received by the Purchasing & Contracts Division: 1. Q. is it permissible to submit the Visa/MC rates and Annual Financial Report on a single CD-ROM? A. Yes, resource material requested by the City may be submitted on CD- ROM, however, proposer should provide six (6) CD-ROMs to allow for one original and five copies for each Evaluation Committee member. Proposers must still include a printed copy of their vendor proposal pricing to be used for comparison purposes as outlined in the Proposal form. 2. Q. What is the City's anticipated contract start date? A. The current Agreement expires on October 25, 2011. The anticipated start date for this Agreement will be October 26, 2011. 3. Q. Why does the City require integration with TSYS? A. The City requires integration with TSYS because of the City's application software. Please refer to pp. 12 -13 of the Request for Proposal document for specific details related to TSYS integration. All other terms, conditions and specifications remain unchanged for RFP # 11-31 R. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager dcre'""a� I COMPANY: C/o, Leo., '1 �- r„-fr- NAME: ` 7525 NW 88th Avenue a Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equal Opportunity Employer • • • CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88"" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO.3 REQUEST FOR PROPOSAL 11-31R MERCHANT CREDIT CARD PROCESSING SERVICES DATE OF ADDENDUM: JULY 25, 2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Request for Proposal #11-31R, MERCHANT CREDIT CARD PROCESSING SERVICES. 1. Please note that a copy of the spreadsheet provided in the referenced proposal has now been posted in Excel format, to allow vendors to fill-in the actual form. All other terms, conditions and specifications remain unchanged for RFP # 11-31 R. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager COMPANY: tG Ln n - -. -- -- NAME: Y 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 n www,tamarac.org Equal Opportunity Employer 0 1. Merchant Summary • 11 •. Merchant Services 7300 Chapman Highway Knoxville, TN 37920 lil Iwhil lul luulml Illnlunl Illnlwl hlnlnul lilulwlil hilulnl lil John M. Doe, Inc. ill Main Street Anytown, GA 30000-1 234 Your Resources For Nrwc For You Summary Sales Returns Net Sales Chargebacks Adjustments Total Sales Sales Recap For Customer Service call 1-800-555-1941 Numer of Items 146 0 146 0 Important 9 Merchant Billing Statement Cycle: Cut-off Statement Date: 09/01 /2008 DBA Name: John M. Doc, Inc. Store Number: 08 Merchant Number: 987654321 Chain Number: 10101 Client Group: 00032 Principal Chain: 65001 Parent Chain: 05001 Parent Entity: 62900 Page 1 of 4 Fee_Charges Category Fee Summary Visa%MasterCard/Discover Charges 220.1 `- Authorization Pees 1.5( Other Nees 10.0( Total Charges and Dees 231.61 Total Charges and Fees have been posted to Account #: XXXXXXXX0123 NOW- AW --Credits---- -----Net Sales----- --Sales - -- Card Item Item Discount Per Itet Type Count Amount Count Amount Amount Paid Par VISA 79 5,252.97 0 0.00 5,252.97 109.77 9.7. MC 57 3,605.75 0 0.00 3,605,75 75.91 6.6 DSCV 3 354.00 0 0.00 354.00 T60 0.3 AMEX 7 3.57.64 0 0.00 357.64 0.00 OX Deposits Batch Settlement Reference Batch Card Paid by Paid by Others Total Batcl. Amami Uate Date Number Number Type Merchant Srvcs 0.00 160.00 08/01/08 08/01/08 125896523 00265 BATCH160.00 59.50 0.00 VISA M/C 100.50 0.00 08/02/08 08/02/08 125897365 00266 BATCH 103.54 0.00 0.00 103.5� VISA 53.25 M/C 50.29 0,00 08/04/08 08/04/08 125897758 00267 BATCH 464.25 464.25 0.00 0,00 464.2`_ 08/05/08 08/05/08 125898412 00269 BATCH 249.60 0.00 0.00 249.6( 08/06/09 08/06/08 125898910 00269 VISA BATCH 249.60 165.60 36.50 202.11 VISA 80.85 0.00 I Merchant Services Merchant Billing Statement 7300 Chapman Highway Knoxville, TN 37920 Cycle: Cut-off Statement Date: 09/01/2009 DBA Name: John M. Doe, Inc. Stare Number: 0 Merchant Number: 987654 Chain Number: 101 Page 2 of 4 Deposits (continued) Hatch Settletnent Reference Brach Card Paid by Paid by Total Batch Date hate Nuniber Number Type Merchant Srvcs Others Amount M/C 84.75 0,00 AMEX 0.00 36,50 08/07/08 08/07/08 125899458 00265 BATCH 115.00 0.00 115.00 VISA 2.50 0,00 M/C .50 0.00 08/08/08 08/08/08 125899974 00266 BAI'C,II 0, 0,00 260.23 VISA 11 0,00 M/C 0,00 08/09/08 08/09/09 125810059 00267 BATCH 00 3739 37.39 AMEX 37.39 08/11/08 08/11/08 125810187 00268 BATCH 2 O,00 200.25 VISA 178. 0 0.00 M/C 22.05 0.00 08/12/08 08/12/08 125810247 00269 BATCH 43.02 0,00 243.02 137.25 0.00 105.77 0.00 08/13/08 08/13/08 125810387 00270 AT 562.59 18.50 581.09 V 276.34 0.00 227.75 0.00 58.50 0.00 A 0.00 18,50 08/14/08 08/14/08 12581.0501 00 BAT 1 396.75 0.00 396.75 VISA M/C 306.00 90.75 .0.00. 0.00 0 09/15/08 09/15/08 125810692 BATCH 671.89 0.00 671.8 VISA IOI.13 0.00 M/C 570.76 0.00 08/16/08 08/16/08 12 81.0837 BATCH 1.43.37 0.00 143.37 VISA 46.94 0.00 M/C 96.43 0.00 08/18/08 08/18/08 1 0274 BATC14 291.54 0.00 291.54 VISA 231.10 0.00 08/1.9/08 0S/1 12 09 00275 M/C BATCH 60A4 577.55 0.00 0.00 577.55 VISA 402.25 0.00 M/C 175.30 0.00 08/20/08 0 25811317 00276 BATCH 639.75 72.00 711.75 VISA 508.50 0.00 M/C 131.25 0.00 AMEX 0.00 72.00 08/21/08 08/21/08 125811487 00277 BATCH 683.63 58.50 742.13 VISA 335.94 0.00 M/C 347.69 0.00 AMEX 0.00 58.50 08/22/09 08/22/08 125811605 00278 BATCH 934.52 50.00 984,52 VISA 555.02 0.00 M/C 379.50 0.00 AMEX 0.00 50.00 08/23/08 08/23/08 125911741 00279 BATCH 522.35 0.00 522.35 VISA 442.96 0,00 M/C 79.39 0.00 09/24109 08/24/09 125811911 00280 BATCH 92.10 0.00 92.10 VISA 53.25 0.00 M/C 38.85 0.00 08/25/08 08/25/08 125812084 00281 BATCH 470.25 0.00 470.25 VISA 254.25 0.00 M/C 216.00 0.00 08/27/08 08/27/08 125812228 00282 BATCH 742.69 0.00 742.69 VISA 557.75 0.00 M/C 105.44 0.00 DISC 79.50 0.00 09/28/08 08/28/08 125812393 00283 BATCH 349,25 0.00 348.25 • • Merchant Services 7300 Chapman Highway Knoxville, TN 37920 Merchant Billing Stateme Cycic: Cut-( Statement Date: 09A)1 /20, DBAName: John M. Doe, I Store Number: l Merchant Number: 9876543: Chain Number: 101( Page 3 of Deposits (continued Batch Settlement Reference Batch Card Paid by Paid by Total Batch Date Date Number Number Type Merchant Srvcs Others Antount VISA 178.75 0.00 M/C 169.50 0.00 08/29/08 08/29/08 125812458 00284 BATCH 174.00 84.75 258.75 VISA 9.50 0.00 M/C .50 0.00 Deposit Totals 357.64 9,570.36 1,21 lach batch under "Paid b), Merchant Services has been posted to Account #: XXXXXXXX Visa/MasterCard/Discover Charges AL . Sales Item ha Interchange Interchange Description Amount Count Rate ll ll r Visa - Interchange COMM STND 95,25 1000 2.7000 2.67 COM 132B B 103.50 0.1000 2,1000 2.37 CPS RETAIL 583.22 0.1000 1.5400 9.88 CPS NO CARD 525.05 0.1000 1,8500 10.51 EIRF 1,37 5.97 19 0.1000 2.3000 33.57 CPS/CNP DB 753.29 9 0.1500 1.6000 13.40 EIRF-US DB 417.57 0.2000 1.7500 9.51 CPS/RTL CHCK 334.38 0.1500 1.0300 4.34 REWARDS 1 227.19 2 0.1000 1.6500 3.95 REWARDS 2 836.55 12 0.1000 1.9000 17.10 Total Visa 5,252.97 79 107.30 MasterCard - Interchange MERIT 111 2 0.1000 L5800 2.89 4 KEY ENTERED 14 0.1000 1.8900 14.65 DATA RATE I r94.. 5 0.1000 2.6500 9.361 MERIT 3 DB 3 0.1500 1.0500 1.31 KEY ENTERED 13 0.1600 1.6400 17.53 ENH MER 3 491.01 6 0.1000 1.7300 9,09 ENH KEYED 364.00 6 0.1000 2.0400 8.03 MCW KEYED 448.54 7 0.1000 2.0500 9,904 MCW MERIT3 73.00 1 0.1000 1,7300 1.36 Total MasterCard 3,605.75 57 74.12 Discover - Interchange 0 DISCKEYED 295.50 2 0.1000 1.9200 5.87 DISC CNP 58.50 I 0.1.000 1,9200 1.22 Total Discover _ 354.00 3 7.09 Total Interchange 188.51 Sales Item Assessment Assessment Assessment Description Amount Count Per Item Rate Dollars MasterCardAssessment _ _ 3,005.75 _ 0 0,0000 0.0950% 3,44 Visa Assessment 5,252.97 3 0.0000 0,0925% 4.88 !^ Discover Assessment 354.00 3 0.0000 0.0925% 0.32 8.6400 Total Assessment on Sales Alnou» t - Visa Check Processing Fee 1,505.24 MasterCard Processing Fee 3,605.75 Discover Processing Fee 354.00 Total Processing Fees Item Processing 26 0.0000 57 0.0000 3 0,0000 Processing Rate Processing Fire Dollars 0,2500 9.31 0.2500 3.77 0.2500 9.01 0.2500 0,89 23.04 Summary -- 220.19 Merchant Services 7300 Chapman Highway Knoxville, TN 37920 Merchant Billing Statement Cycle: Cut-off Statement Date: 09/01/2008 DRA Name: John M. Doc, Inc. Store Number: 08 Merchant Number: 9876543 Chain Number: 1010 Page 4 of 4 Other Transaction Charges DR Sales Discount Discount Item Per Item Item Descri tion CR AmountRate-har = le Charges AMEX NON-STL DR 357.64 0.000 0.00 7 0.000 0.00 CR 0.00 0.000 0.00 0 0.000 0_00 BTCH HATCH HDR DR 0.00 0.000 0.00 25 0.000 0.00 CR 0.00 0.000 0.00 0 0.000 0.00 Summary DR 357.64 0.00 32 0.00 CR 0.00 0 U 0. 0.00 NET 357.64 0.00 IIUWW 32& 0.00 Authorization Fees Item Authorization Description Count F VISA WAT 86 0. 0.00 M/C WAT 60 ONO 0.00 DISC WAT 3 0.1500 0.45 AMEX WAT 7 0.1500 1.05 0.45 Visa iscover Authorization Fees: 0.00 ECS Authorization Fees: EGC Authorization Fees: 0 U Other Card Authorization Fees: 1.0 Total Authorization Fees: 1.50 Other Fees VWRObAll Non Taxable Items low Description A# 1W Items Rate Total STMT FEE 111Lagglift W1 10.00 10.00 Total Non-Taxablc Items: 10.00 Total Taxable Items: 0.00 • Total Tax: 0.00 Total Other fees: 10.00 �J OF ITEMS LEs 574 RN$ 0 BALES 574 6EEACK5 0 ADJUSTMENTS 0 REBATE ADS 0 CONV ADJ 0 TOTAL SALES 574 STATEMENT DATE: 2011-02-28 r ol STATEMENT INSERT: 005 MARKSTINO REFERENCE ID: 0 SUMMARY DOLLAR AMOUNTS PEX/CHRG CAT. 55,509.55 VISA/MC/DISC 0.00 SET 55,509.55 PIN DEBIT 0.00 AMXRICN EXPRES 0.00 OTHER TXN 0.00 MONEY MANAGER 0.00 CARD MIN BILL 55,509.55 ELEC CHECK ECS MIN BILL CARD ASSOC FEE CHARGES AND FEES HAVE DUNN POSTED AUTH FEES TO ACCOUNT M: XXXXXX OTHER FEES HST CHRG/FEE VOLUME RECAP CARD TYPE VISA SALES ITEMS SALES AMOUNT 438 41,974.14 NET SALES AMOUNT 41,974.14 CARD TYPE M/C SALES ITEMS SALES AMOUNT 136 13,535.41 NET SALES AMOUNT 13,535.41 CREDIT ITEMS w 0 DISCOUNT PAID 124.86 CREDIT ITEMS 0 DISCOUNT PAID 41.30 FEES SUMMARY 0.00 0.00 0.00 ` 0.00 0.00 0.00 0.00 0.00 74.56 CREDIT AMOUNT 0.00 PER ITEM PAID 380.02 CREDIT AMOUNT 0.00 PER ITEM PAID 79.44 DEPOSITS MERCHANT RECEIVES % DETAIL BATCH DT: 02/01/2011 SETLMNT DTe 02/01/2011 REF $: 12032300129 BATCH: 00126 1 Y Y Y Y Y Y Y Y Y Y Y Y x Y Y N N N Y Y Y Y Y Y Y Y x Y x Y Y Y Y Y Y Y Y Y Y Y X Y Y Y Y Y Y Y Y Y Y N Y Y PAID BY MERCH PAX SERV PAID BY OTHERS TOTAL BATCH AMOUNT HATCH 2,281.14 0.00 2,281.14 VISA 1,626.38 M/C 654.76 BATCH DT: 02/02/2011 SETLMNT DTs 02/02/2011 REF #: 12033296780 BATCH: 00127 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,365.24 0.00 1,365.24 VISA 680.73 M/C 684.51 BATCH DT: 02/03/2011 SETLMNT DT: 02/03/2011 REP #s 12034270027 BATCH: 00128 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,082.29 0.00 2,082.29 VISA 1,478.35 M/C 603.94 HATCH DT: 02/04/2011 SNTLMNT DTs 02/04/2011 REP #: 12035290260 BATCH: 00129 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,498.57 0.00 2,498.57 VISA 1,668.22 M/C 830.35 BATCH DTs 02/05/2011 SETLMNT DTs 02/05/2011 REP #: 12036313394 BATCH: 00130 . PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 3,566.07 0.00 3,566.07 VISA 3,091.74 M/C 474.33 BATCH DT: 02/06/2011 SETLMNT DTs 02/06/2011 REP #: 12037263703 BATCH: 00131 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,683.12 0.00 2,683.12 VISA 2,328.91 M/C 354.21 BATCH DT: 02/07/2011 SETLMNT DTs 02/07/2011 REP #: 12038198887 BATCH: 00132 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,339.03 0.00 1,339.03 VISA 1,041.07 M/C 297.96 BATCH DT: 02/08/2011 SETLMNT DT: 02/09/2011 REP #: 12039290646 BATCH: 00133 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,655.75 0.00 2,655.75 VISA 1,870.04 M/C 785.71 BATCH DTs 02/09/2011 SRTLMNT DTs 02/09/2011 REP #: 12040284498 BATCEs 00134 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,249.68 0.00 1,249.68 VISA 899.02 M/C 350.66 • BATCH DT: 02/10/2011 SETLMNT DTs 02/10/2011 REP #: 12041287234 BATCH: 00135 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL HATCH AMOUNT BATCH 2,536.06 0.00 2,536.06 VISA 2,044.42 M/C 491.64 BATCH DT: 02/11/2011 SETLMNT DT: 02/11/2011 REP #s 12042307035 BATCH: 00136 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,063.64 0.00 1,063.64 VISA 561.85 H/C 501,79 BATCH DT: 02/12/2011 SETLMNT DT: 02/12/2011 REP #: 12043334753 BATCH: 00137 2 rI Y Y Y Y Y x x Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y • PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2138.06 0.00 2,138.06 VISA 1:578.99 M/C 559.07 BATCH DT: 02/13/2011 SETLMNT DT: 02/13/2011 REP #: 12044278403 BATCH: 00138 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 880.50 0.00 880.50 VISA 880.50 BATCH DT: 02/14/2011 SETLMNT DT: 02/14/2011 REP #: 12045216965 BATCH: 00139 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,739.24 0.00 1,739.24 VISA 1,627.87 M/C 111.37 BATCH DT: 02/15/2011 SETLMNT DT: 02/15/2011 REF #: 12046340722 BATCH: 00240 .. PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH VISA 1,253.67 836.19 0.00 1,253.67 M/C 417.48 BATCH DT: 02/16/2011 SETLMNT VT. 02/16/2011 REP #: 12047309303 BATCH: 00141 .. PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,246.36 0.00 2,246.36 VISA 1,688.25 M/C 558.11 BATCH DT: 02/17/2011 SETLMNT DT: 02/17/2011 REP #: 12048307370 BATCH: 00142 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,096.74 0.00 2,096.74 VISA 1,028.99 `. M/C 1,067.76 TCH DT: 02/18/2011 SETLMNT DT: 02/18/2011 REF #: 12049312718 BATCH: 00143 BATCH PAID BY MERCH PAY SERV PAID 2,621.79 BY OTHERS 0.00 TOTAL BATCH AMOUNT 2,621.79 VISA M/C 1,963.38 658,41 BATCH DT; 02/19/2011 SETLMNT DT= 02/19/2011 REP #: 12050311849 BATCH: 00144 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 4,207.53 0.00 4,207.53 VISA 3,424.75 M/C 782.78 :. BATCH DT: 02/20/2011 SETLMMT DT: 02/20/2011 REP #: 12051259994 BATCH: 00145 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL, BATCH AMOUNT BATCH 1,188.46 0.00 1,180.46 .' VISA 1,188.46 "BATCH DT: 02/21/2011 SETLMMT DT: 02/21/2011 REF 0: 12052217684 BATCH: 00146 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 438.18 0.00 438.18 VISA 309.66 �.,... M/C 128.52 . BATCH DT: 02/22/2011 SETLMNT DT: 02/22/2011 REP #: 12053286677 BATCH: 00147 . BATCH PAID BY MERCH PAY SERV PAID 3,116.58 BY OTHERS 0.00 TOTAL BATCH AMOUNT 3,116.58 VISA 2,463.90 M/C 652.68 ..:BATCH DT: 02/23/2011 SETLMMT IT: 02/23/2011 REP #: 12054287632 BATCH: 00148 BATCH PAID BY MERCH PAY SERV PAID 1,434.13 BY OTHERS 0.00 TOTAL BATCH AMOUNT 1,434.13 Adak 3 Y Y Y Y Y Y Y Y Y Y X Y Y Y Y Y Y Y Y X Y Y Y X Y Y Y Y Y Y Y Y X Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y x Y X Y Y Y X Y x Y Y Y Y Y Y VISA 992.54 N/C 441.59 BATCH DT: D2/24/2011 SETLMNT DTf 02/24/2011 REF #: 12055302035 BATCH: 00149 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,843.67 0.00 1,843.67 VISA 1,428.75 M/C 414.92 BATCH DT: 02/25/2011 SETLMNT DT: 02/25/2011 REP #: 12056321315 HATCH: 00150 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,419.32 0.00 1,419.32 VISA 1,234.96 M/C 184.36 BATCH DT: 02/26/2011 SETLMNT DT: 02/26/2011 REF #: 12057318344 BATCH: 00151 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,847.33 0.00 1,847.33 VISA 1,37S.78 M/C 472.55 BATCH DT: 02/27/2011 SETLMNT DT: 02/27/2011 REP #: 12058254879 BATCHs 00152 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 1,681.64 0.00 1,681.64 VISA 845.66 M/C 835.98 BATCH DT: 02/28/2011 SETLMNT DTs 02/28/2011 REF #: 12059217073 BATCH: 00153 PAID BY MERCH PAY SERV PAID BY OTHERS TOTAL BATCH AMOUNT BATCH 2,035.76 0.00 2,035.76 VISA 1,814.79 M/C 220.97 DEPOSIT TOTALS 55,509.55 55,S09.55 EACH BATCH UNDER "PAID BY MER PAY SERVICES" HAS BEEN POSTED TO ACCOUNT #: XXXXXXX VISA/MASTBRCARD/DISCOVER CHARGES - INTERCHANGE + ITEM INTERCHANGE INTERCHANGE INTERCHANGE DESCRIPTION SALES COUNT PER ITEM RATE DOLLARS M/C - INTERCHANGE MWEUTILITY 207.95 2 0.7500 0.0000% 1.50 UTLTY BUS 294.54 3 1.5000. 0.0000% 4.50 DATA RATE I 62.21 2 0.1000 2.6500% 1.85 INTL STANDARD 25.67 1 0.0000 1.6000% 0.41 ENHUTILITY 338.09 4 0.6500 0.0000% 2.60 MC UTILITY 865.03 6 0.6500 0.0000% 3.90 MC UTIL DB 11,315.46 111 0.4500 0.0000% 49.95 MCWUTILITY 426.46 7 0.6500 0.0000% 4.55 TOTAL M/C 13,535.41 136 69.26 VISA - INTERCHANGE UTILTY BUS 1,742.11 18 1.5000 0.0000% 27.00 V INTLSTND 44.57 1 0.0000 1.6000% 0.71 Comm CUP P 95.02 1 0.1000 2.5500% 2.52 UTILITY 5,156.25 55 0.7500 010000% 41.25 UTILITY D 34,936.19 363 0.7500 0.0000% 272.25 TOTAL VISA 41,974,14 438 343.73 TOTAL INTERCHANGE 412.99 SALES ITEM PROCESSING PROCESSING PROCESSING DESCRIPTION AMOUNT COUNT FEE PER 'ITEM RATE FEE DOLLARS M/C PROCESSING FEE 13,535.41 136 VISA PROCESSING FEE 7,037.95 75 VISA CH& PROCESSING FEE 34,936.19 363 . DISCOVER PROCESSING FEE 0.00 0 AIN 4 TOTAL PROCESSING FEES �. SUMMARY OTHER TRANSACTION CHAROES DR SALES DISCOUNT DESCRIPTION CR AMOUNT RATS BTCH BATCH HOR SUMMARY CARD ASSOCIATION FEES DESCRIPTION AMOUNT VISA PEE ASSESSMENTS 12-0200 41,974.14 BASE II NETWORK ACCESS CHARGE 12-0202 41,974.24 IAF 12-0210 44.57 ISA FEE 12-0213 44.57 �. ACQUIRER PROCESSING FEE 12-3040 RISK IDENTIFICATION SRVCS CHARGE 12-3046 VISA FEE TOTALS M/C FEE ASSESSMENTS 30-0300 13,535.41 NABU PEE 30-0304 13,509.74 MC INTL ACQUIRER PGN SUPPORT FEE 30-0310 25.67 MC INTL CROSS BORDER FEE 30-0311 25.67 M/C FEE TOTALS ASSOCIATION FEES JoCARD RIZATION FEES �. NETWORK FEE PROC FEE DESCRIPTION ITEMS PER ITEM PER ITEM VISA NAT 453 �• MASTERCARD NAT 143 �. VISA/MASTERCARD/DISCOVER AUTHORIZATION FEES OTHER CARD AUTHORIZATION FEES ECS AUTHORIZATION FEES EGC AUTHORIZATION VICES TOTAL AUTHORIZATION FEES FEES �OTHER . NON-TAXABLE ITEMS 1.. DESCRIPTION ITEMS RATE j f` 5 Y .rt Y Y Y Y DISCOUNT ITEM ITEM ITEM Y CHARGE COUNT RATE CHARGE Y Y Y x Y ITEM PERCENTAGE PER ITEM FREY COUNT RATE RATE AMOUNTY Y 438 0.1100 0.000000 46.17Y 438 O.OD2500 1.10Y 1 0.4500 0.000000 0.20Y 1 0.4000 0.000000 0.18Y 453 0.019500 8.83Y 453 0.001000 0.45Y 56.93Y Y 136 0.1100 0.000000 14.89Y 135 0.018500 2.50Y 1 0.5500 0.000000 0.14Y 1 0.4000 0.000000 0.10Y 17.63Y Y 74.56Y Y Y Y FEE AMOUNT Y Y ® Y x Y Y Y Y Y Y Y Y Y TOTAL CHARGES X X TOTAL NON-TAXABLE ITEMS TOTAL TAXABLE ITEMS 0.00 Y TOTAL TAX AMOUNT 0.00 Y TOTAL OTHER FEES ❑New Location I ❑Additional LocationWIL I Existing MID: I Chain #: I Location of DBA Name: DBA Phone #: EL Contact Name: DBA Fax M DBA Address 1 (no PO Box):. Customer Service Phone M DBA Address 2: Email Address: City: State: Zip Code: Year Established: Previous Processor: Legal/Corporate Name: Legal/Corporate Phone Legal/Corporate Contact Name: Legal/Corporate Fax M Legal/Corporate Address: City: State: Zip Code: Officer ❑ Manager (]Authorized Representative ❑ Other Title First Name: M!: Last Name: Contact Address: Contact Phone M City: State: Zip Code: Email Address: Average Sale Amount: $ Description of product or services offered: Total Monthly Visa/MC/DISC Sales: $ MCC: Card Present (swiped) % For Card Present Transactions, when does the customer receive the product or service? Card Present (not swiped) % ❑ Same Day ❑ If not same day, # of Days (include shipping time frame) Mail Order % For Card Not Present Transactions, when does the customer receive the product or service? Telephone Order % ❑ . Same Day ❑ If not same day, # of Days (include shipping time frame) Internet % For Internet Transactions: Total 100% List the product web site: "Contact Us" email address: Do you operate seasonally: ❑ Yes ❑ No If yes, please check months c, ggjed: ❑ January ❑ February ❑ March ❑ April ❑ May ❑ June ❑ July ❑ August ❑ September ❑ October ❑ November ❑ December ABA/Routing M DDA Account M ABA/Routing M DDA Account #: ELAVONGOV 047fN 1 Please check each card you wish to accept. Note: acceptance of card types not selected will result in discount downgrades, (I Retail El Lodging El Pay at Pump ❑ All Visa/MasterCard/Discover Cards pCS. 01. cuP) 0' El Restaurant 0 Supermarket 0 Visa Credit 0 Visa Debit ❑ MasterCard Credit El MasterCard Debit ❑ Discover (XIS, DI,CUP El MO/TO I Internet El ARU 0 TIERED Rate Per Item Other Authorizations: Per Authx One Time Fee T e: Qualified % $ visa Application Fee $0 z Mid -Qua[ % $ MasterCard $ z Installation/Training $0 Non-Qual % $ Discover $ Wireless Set -Up Fee $ Opt. ❑Check Card n Sprmkt ❑ OPS/Small Tkt WEX Rush Shipment $ % $_ Other: Other: $ Opt. Rewards Tier % $ Other: j Monthly Fee Type: Opt. Commercial Card Tier % $_ Other: Support Fee $5_ 0 INT Differential Plus Voice Authorizations: Statement Fe ARU $0.75 0 Electronic Statement VISA - Qual % $_ MasterCard — Qual % $ Operator Assisted $0.90 or El PaDer Statement Discover — Qual % $_ AVS $0.90 Statement Mailing Fee $5 (For paper statements only) Bank Referral --$4.00 Minimum Discount $35 Non-Qual % $ 0 INT PLUS % $_ PIN Debit Per Item Other: $ Pricing Program (Required torIDP): Rate (Plus network switch fee) $ Other: $ Above Rates are for all Card Acceptance types selected Mont, =S1Au1h He -Assoc pn0kq Per Occurrence Fee Type: Per Auth Chargeback Fee $25 Return Item (NSF j Fee $20 INT Plus/Assoc $ Other: $ Man(. p&;hg4CDlF1Au1h pdcing=Assoc Other: $ VAR Service Provider (Hosted): Gateway (optional): --T—Aggregator: VAR Vendor (Distributed): VAR Product: I VAR Version: Purchase or Lease Purchase Lease* SoftwareMireless Qty POS Description Item Code Price per Unit Term Monthly Monthly Rate per Unit Mon. Fee per Unit Per Auth Fee $ $ $ $ $ $ $ $ Merchant Owns Software/Vilreless a POS Description Item Code Re ram Fee p±r Unit Pin Pad Encryption Mon. Fee per Unit Per Auth Fee $ $ $ $ ❑ $ $ Special Programs QtY POS Description Item Code Price2er Unit Equipment Back from Merchant $ Used "Please note that all leases MUST complete the LADCO Lease Agreement. All applicable state and local taxes will be applied. El Tax Exempt C, 2 ELAVONGOV 042011 5E # Auth Fee "' American Express: • ❑ ESA ❑ One Point CAP # Amex (10 digits) $ Monthly Volume: $ w `• EBT (7 digits) Other: $ ❑ Amex Rate % $ � $ GNP Down rade 0.30 % $ g ? r Other: $ ❑ Flat Fee Option (ESA only): $ 7.95 Othor $ ❑ Debit— Includes INLK (interlink), MSTO (Maestro), ACCL (Accell), AFFN, ALAS (Alaska), CU24, ITS (Shazam), ?' `" NETS, NYCE, PULSE and STAR ❑ Pinless Debit 1,. ❑ Bill Payment Portal ❑ Dynamic Currency Conversion (DCC) — Rebate: 0.75% DCC Annual Registration Fee: $25.00 '+m' or oy ❑ Money Manager Vendor: ❑ Multi -Currency Cl Working Capital Vendor: # Users Monthly Fee $ Set Up Type (check one) ❑ MID ❑ CHN ❑ ENT Set Up Fee $ ith OCM # Users Monthly Fee $ Set Up Type (check one) ❑ MID ❑ CHN ❑ ENT Set Up Fee $ Remote ID Set Up Fee $ Monthly Fee $ ing Options: ❑ POP (POS Image) ❑ ARC (POS Image) ❑ BOC (❑ POS Image or ❑ Cash Office Image) IFA L check volume: $ 2. Average check amount: $ 3- Maximum check amount: $ thl Minimum: $ Please check box for each additional service option ersion with Guarantee © NSF Service Fee Processing @ $2.00 per NSF item- e Rate: % Per Transaction: $ Not applicable for POP Guarantee and ail ARC Iproducts ersion with Verification ❑ Collections ^ t] EnQuire Reporting Access: erransaction: $ Per Return Transaction: $ # users: @ $29.95 each per month ❑ Conversion Only ❑ Collections © Turn off return memo adviees Per Transaction: $ Per Return Transaction: $ Card Style. Card Quantity Price ❑ basic $ ❑ Monthly Pricing: $ per month ❑ $ (Includes transactions per location annually. Additional transaction billed $0-29 per Standard $ transaction) OR ❑ Custom [] Transaction Pricing: $ per transaction and $ per month. Max Card Value $ Default $500 ❑ Card Carders (enter total cards) # of Style ❑ Service Fees (Cardholder charged on unused balances) # of Style $ X Custom Cards are required # of Style Fee Merchant charged per Transaction $0.12 (Multiples of 100 only) Apply same to all states? ® Y ❑ N (if no, complete for each state) Monthly Online Admin - # Users $ Fee Amount: $ Applied: ❑ Monthly El Quarterly El Annually ❑ Graphic Design Service $ ❑ Custom Card Upgrade Beginning: — Months after last Transaction date (cannot be less then 12 mos) $ Lock Balances After: _ Months of non-use (default 72 months, cannot be ❑ Misc Fee - $ less than 60 months) ❑ Misc Fee - $ (] Eiavon VAR Manufacturer: ❑ Givex VAR Software: Version: Card Style: Text Color: Justification: ❑ Left ❑ Center ❑ Right ❑ As submitted Imprint: ❑ Logo (To avoid delay, please submit artwork to: G Artwork I om) OR ❑ Text (Imprinting details MUST be entered below) *Font (select ONE): ❑ Arial ❑ i � a e ❑ Times New Roman *Tex t Case select ONE): ❑ Title Case ❑ UPPER CASE ❑ lower case ❑ As submitted 3 ELAVONGOV 042011 4 Merohnt A liict�or� Government / institutional Ong Type: 0 Government ❑ Non -Profit Charitable or Social (include documents that support Tax Exempt Status) vt ❑ Other Name* 'Name (of business) as shown on your business income tax refums. Address: TIN (Employer Identification #): o ti City: State: Zip Code: r TIN (Social Security #): v Merchant Representations and Certifications. By signing below, the applicant merchant ( Merchant") and its representatives) represent and warrant to Elavon, Inc. ("Elawn" or "member as "us") applicable), with offices at 7300 Chapman Highway, Knoxville. TN 37920 (collectively,'we" or that (i) all information provided in this merchant application ("Merchant Application") is true and • rr:::-�'�y*„ia complete and property reflects the business, financial condition, and principal partners, owners, or officer: of Merchant; and (u) the persons signing this Merchant Application are duly authorized to bind Merchant to all provisions of this Merchant Application and the Agreement. The signature by an authorized representative of Merchant on the Merchant Application, or the transmission of a Transaction _>` •`;:k Receipt or other evidence of a Transaction to us, shall be the Merchants acceptance of and agreement to the terms and conditions contained in the Agreement including, without ' •• limitation, this Merchant Application, the Terms of Service ("TOS") and the Merchant Operating Guide ("MOG") incorporated herein by this reference and located at our website at httpsif~-MerchantconnecUom/CWRWebipdfrMS_ENG.pdf and htlps:l/www.merchantwnnect.can/CWRWeb/pdf/MOG_Eng.pdf, respectively. If Merchant does not have access to view the TOS or MOG at our website please contact our Customer service center. Nohvithstanding any such non -receipt of the TOS or MOG. Merchant agrees to comply with the Agreement, and all g applicable laws, rules, and regulations including the rules and regulations of the Payment Networks, and understands that failure to comply will result in termination of processing seMces- Capitalized terms shall, unless otherwise defined in this Merchant Application, have the same meaning ascribed to them in the TOS and MOG. Merchant must obtain an Authorization Code via electronic terminal or similar device before completing any transaction. Merchant understands that an AUTHORIZATION CODE IS NOT A GUARANTEE OF ACCEPTANCE OR PAYMENT OF A TRANSACTION. RECEIPT OF AN AUTHORIZATION CODE DOES NOT MEAN THAT MERCHANT WILL NOT RECEIVE A CHARGEBACK FOR THAT TRANSACTION. Merchant and its representative(s)authorize us prior to our acceptance of this Merchant Application and from time to time thereafter, to Investigate the business history and background of Merchant and to obtain credit reports or other background Investigation reports on Merchant that we consider necessary to review the acceptance and continuation of this Merchant Application. Merchant also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to us. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. This means we will ask for certain information and identifying documents to allow us to identify you. This Merchant Application may be signed in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Merchant Application. Delivery of executed counterparts of this Merchant Application may be accomplished by a facsimile transmission, and a signed facsimile or copy of this Merchant Application shall constitute a signed original. All merchants must comply with the requirements of the Payment Card Industry Data Security Standards ("PCI DSS"). Elavon requires Level 4 merchants (determined based on transaction volume) to validate PCI DSS compliance on an annual basis, with initial validation to occur no later than ninety (90) days after account approval. Merchant will be charged either the Annual PCI Fee or the Annual Administration Fee described below. Annual PCI Fee of up to $1 T5 per merchant account number, based on connectivity, number of merchant locations and then -current cast to Elavon of the services, will be charged to merchants that use the services of the qualified third party assessor with whom Elavon has partnered. Elavon will waive this fee for six months after the date of account approval, charging the fee annually in subsequent years. Annual Administration Fee of $35 will be charged to merchants that use the services of another qualified assessor and attest to PCI DSS validation on the website designated by Elavon. Any merChard that has not validated PCI DSS compliance within ninety (00) days of account approval, or in subsequent years on or before the anniversary date of account approval, will be charged a monthly non-compliance fee of $29,95 until Elavon is provided with validation of compliance. Merchant may be eligible for Data Breach Coverage following account approval and PCI DSS compliance validation. See the PCI Compliance Program Overview for coverage details and conditions. American Express Accaokance Agreement By signing below. I represent that I have read and am authorized to sign end submit this application for the above entity which agrees to be bound by the American Expresso Card Acceptance Agreement ("AXP Agreement'), and that all information provided herein is true, complete, and accurate. 1 authorize Elavon and American Express Travel Related Services Company, Inc. ("AXP") and AXPs agents and Affiliates, as defined in the AXP Agreement, to verify the Information in this application and receive and exchange information about me personally, including by requesting reports from consumer reporting agencies, and disclosing such information to their agent, subcontractors, Affiliates and other parties for any purpose permitted by taw. I authorize and direct Elavon, AXP, AXP agents and Affiliates to inform me directly, or through the entity above, of reports about me that they have requested from consumer reporting agencies. Such information wilt Include the dame and address of the agency furnishing the report. t also authorize AXP to use the reports from Consumer reporting agencies for marketing and administrative purposes. I understand that upon AXP's approval of the application, the entity will be sent a copy of the AXP Agreement and materials welcoming it, either to AXPs program for Eleven to perform services for AXP or AXPs standard Card acceptance program which has different servicing terms (e.g. different speeds of pay). I understand that If the entity does not qualify for the Elavon servicing program, that the entity maybe enrolled in American Express's standard Card acceptance program, and the entity may terminate the AXP Agreement. By accepting the American Express Card for the purchase of goods andior services, or otherwise indicating its intention to be bound, the entity agrees to be bound by the AXP Agreement. Signature- X Printed Name: Title: Date: Signature: X Printed Name: Title: Date: To the best of my knowledge, 1 certify that the Information provided in this Merchant Application was provided by the Merchant and is We, complete and accurate. I further certify that the signatures were provided by the Merchant's owner(s) or afficer(s), as appropriate. Sales Rep Signature: X Printed Name-, Rep ID #: Date: Accepted by Elavon, Inc.: Date: Accepted by Member; Date: C, 4 ELAVONGOV 042011 What. Happens Next? Thank you. for choosing us. as your payment processor. We look forward to providing you with the best customer service in the industry. Below are the steps that will be taken to get you up and running quickly. 1. Application and Credit Underwriting Your application will be sent to our Operations center for processing. It will be checked for completeness and accuracy. Our credit underwriting specialists will review the information provided, perform the necessary analysis, and approve or decline the application. We will contact you within 24-72 hours if we need you to provide additional information. 2. Deployment Once your application is approved and entered into our systems, our deployment team will prepare any equipment or software for shipment. You should receive your package within two -five days, depending on the method of shipping selected. Look inside the box for your Getting Started Kit it contains a packing list, your Merchant Identification Number (MID), support materials, and information about training and service. 3. Training Once you receive your package, please call the training at 8667451-4007 to speak with one of our representatives. If we don't hear from you, we will contact you to schedule a session. The session will cover information about credit card processing, how to set up use your processing terminal or software solution, and where to find helpful information. 4. PCI Compliance Validation Process Complete your Payment Card Industry Data Security Standard (PCI DSS) validation. Visit our PCI website, http://gci.elavon.com, for education and tips on protecting cardholder data. You can also connect with our Visa® and MasterCard® accredited Qualified Security Assessor (QSA) and Approved Scanning Vendor (ASV). You must provide a certificate of compliance validation within ninety days (90) of account approval to avoid a monthly non-compliance fee. 5. Communications You will receive an email from Elavon that contains helpful information about processing with us, as well as a quick link to MerchantConnect, our free online support tool. You will also receive a survey that will ask you to score us on a number of factors. We value your feedback, and ask that you kindly take two minutes to rate the sales process, training process, and overall level of service. We will periodically send you information to keep you informed about things that impact your business. 6. Service Help is always just a phone call away — we operate a 24/7 call center. Call 800-725-1243 to talk with a representative. For free online access to your account, go to https://www.merchantconnect.com. You can view your statement, display recent deposits, view chargeback and retrieval requests, access customer support, and much more. Thank you for your business. We look forward to providing you the very best in Service. C, • ELAVONGOV 042011 Ela on GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.0$.10 GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM PROCESSING SERVICES FOR GOVERNMENT ENTITIES AND INSTITUTIONS. Merchant elects and agrees to accept the Payment Device Processing Services for government entities and institutions, as such services are further described in this Addendum and the Exhibits hereto, and subject to the terms and conditions of the applicable provisions of the Agreement. Except as expressly modified pursuant to this Addendum, all terms and conditions of the Agreement remain in full force and effect and shall govern the relationship among the parties to this Addendum. Capitalized terms used and not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement (including the Terms of Service) or in the Merchant Operating Guide ("MOG'), which are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Government Entities and Institutions Addendum to the Agreement. ELAVON, INC. MERCHANT By: By: Name: Name: Title: Title: Date. (Addendum"Effective Date") MEMBER Name: Title: Government and Institutions Addendum GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TOTOS v.09.08.10 Section A — General Provisions Applicable to All Merchants under this Addendum 0 1) The following provisions hereby replace the like -numbered provisions of the Terms of Service ("TOS") or are hereby inserted or deleted from the TOS, as indicated, for Merchants operating under this Addendum. a) Section (A)(4)(d) Chargebacks is revised to read as follows: "d. Chargebacks. Merchant agrees to accept for Chargeback, and will be liable to Elavon and Member in the amount of any Transaction for which the Customer or Issuer disputes the validity of the Transaction for any reason under the Payment Network Regulations. Merchant authorizes Elavon and Member to offset from funds due Merchant for Transaction activity or to debit the DDA or the Reserve Account for the amount of all Chargebacks including, as applicable, any currency fluctuations. Merchant will fully cooperate with Elavon and Member in complying with the Payment Network Regulations regarding all Chargebacks." b) Section (A)(5)(d) Indemnity is deleted. c) Section (A)(6)(a)(i) Security Agreement is deleted. d) Section (A)(6)(a)(ii) Perfection is deleted. e) Section (A)(8)(a) Accuracy of Information is revised to read as follows: "a. Accuracy of Information. Merchant represents and warrants to Member and Elavon that all information provided to Elavon in the Merchant Application, in the bid process if applicable, or otherwise in the Agreement is correct and complete. Merchant must promptly notify Elavon in writing of any material changes to such information, including, without limitation, any additional location or new facility at which Merchant desires to use the Processing Services provided under this Addendum, the form of entity, change in control, material changes to the type of goods and services provided and/or payments accepted, and how Transactions are completed (e.g., by telephone, mail, electronic commerce, or in person at Merchant's place of business). The notice must be received by Elavon at least ten (10) business days prior to the change. Merchant will promptly provide any additional information reasonably requested by Elavon. Merchant will be responsible for all losses and expenses incurred by Elavon or Member arising out of Merchant's failure to provide proper notice or requested information for any such change, and will not make any claims against Elavon or Member for any losses sustained by Merchant as a result of such failure. Elavon may immediately terminate the Agreement upon a material change to the information in the Merchant Application if such change is not approved by Elavon. Elavon has the right to rely upon written instructions submitted by Merchant to request changes to Merchant's business information. Merchant may request written confirmation of Elavon's consent to the changes to the Merchant's business information." f) Section (A)(8)(b) Indemnification is deleted and replaced with the following two sections: "i. Merchant Responsibilities. As between Merchant, Elavon and Member, Merchant will be responsible for, and at its own expense, defend itself against any suits, claims, losses, demands or damages arising out of or in connection with (A) any dispute with a Customer, Cardholder or any third party relating to any Transaction, (B) any action taken by Elavon or Member with respect to the DDA or Reserve Account in accordance with the Agreement, or (C) any breach by Merchant of any obligation under this Agreement. Merchant will not make any claims against Elavon or Member for any liabilities, claims losses, costs, expenses and demands of any kind or nature, arising out of or in connection with any of the foregoing suits, claims, losses, demands or damages." "ii. Elavon Responsibilities. Elavon will be responsible for and will at its own expense defend itself against any suits, claims, losses, demands or damages arising out of (A) Elavon's breach of the Agreement, or (B) Elavon's negligence, gross negligence or willful misconduct." g) Section (A)(9)(a) Information is revised to read as follows: "a. Information. Merchant is validly existing and duly organized under the laws of the jurisdiction in which it was formed with all necessary authority, qualifications, licenses and registrations necessary to conduct its business, in all jurisdictions where Merchant conducts business, in compliance with all laws and Payment Network Regulations." h) Section (A)(10)(a) Audit is revised to read as follows: "a. Audit. In the event that Elavon or Member reasonably suspects that they are subject to a financial or reputational risk due to Merchant's actions or omissions, Merchant authorizes Elavon and Member to perform an audit or inspection of Merchant's operations to confirm compliance with the Agreement upon reasonable advance notice and at Elavon's or Member's expense. Merchant agrees to cooperate, in good faith, with any such audit conducted by Elavon or Member. Further, Merchant acknowledges and agrees that the Payment Networks have the right to audit Merchant's business to confirm compliance with the Payment Network Regulations." i) Section (A)(10)(b)(i) Authorizations is revised to read as follows: "i. Authorizations. Merchant authorizes Elavon and Member to make, from time to time, any business credit or other inquiries they consider necessary to review the Merchant Application or continue to provide services under the Agreement. Merchant also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to Elavon." j) Section (A)(10)(b)(ii) financial Information is revised to read as follows; Government and Institutions Addendum Ell V V i l GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 "ii. Financial Information. Upon the request of either Elavon or Member, Merchant will provide Elavon and Member audited financial statements prepared by an independent certified public accountant selected by Merchant, or if Merchant is audited by a governmental authority, then Merchant will provide financial statements from such governmental authority. Within one hundred twenty (120) days after the end of each fiscal year (or in the case of a government entity, when available), Merchant will furnish Elavon and Member, as requested, a financial statement of profit and loss for the fiscal year and a balance sheet as of the end of the fiscal year, each audited as provided above. Merchant shall also provide Elavon and Member such interim financial statements and other information as Elavon or Member may request from time to time." k) Section (A)(13) Personal Guaranty is deleted. 1) Section (A)(14)(a).Products or Services is revised to read as follows: "a. Products or Services; Merchant may desire to use a Value Added Servicer to assist Merchant with its Transactions, Merchant shall not utilize any Value Added Servicer unless Merchant has disclosed such use to Elavon previously in writing, and unless such Value Added Servicer is fully compliant with all Laws and Payment Network Regulations, Any Value Added Servicer used by Merchant must be registered with the Payment Networks prior to the performance of any contracted services on behalf of Merchant. Further, as between. the parties to this Agreement, Merchant will be bound by the acts and omissions of its Value Added Servicer and Merchant will be responsible for compliance by such Value Added Servicer with all Laws and Payment Network Regulations. Merchant will be responsible for any loss, cost, or expense incurred in connection with or by reason of Merchant's use of any Value Added Servicer. Neither Elavon nor Member is responsible for the Value Added Servicer, nor are they responsible for any Transaction until Elavon receives data for the Transaction in the format required by Elavon." m) Section (A)(15)(b)(i) Termination, Merchant, the following is added as Section (A)(15)(b)(i)(cc): "cc. The Agreement may be terminated by Merchant in the event that sufficient legislative appropriation is not available, provided that Merchant gives Elavon and Member sixty (60) days notice prior to termination." n) Section (A)(1.5)(c)(iii) Return to Elavon is revised to read as follows: "iii. Return to Elavon. All promotional materials, advertising displays, emblems, Transaction Receipts, Credit Transaction Receipts, and other forms supplied to Merchant and not purchased by Merchant or consumed in use will remain the property of Elavon and must be returned to Elavon or destroyed within thirty (30) days." o) Section (A)(1%d) MATCHTM and Consortium Merchant Negative File is revised to read as follows: "d. MATCHT and Consortium Merchant Negative Pile. Merchant acknowledges that Member and/or Elavon is required to report Merchant's business name and the name of Merchant's principals to the. MATCHTm listing maintained by MasterCard and access by Visa or to the Consortium Merchant Negative File maintained by Discover, if applicable, pursuant to the requirements of the Payment Network Regulations. Merchant specifically consents to Elavon's and Member's fulfillment of the obligations related to the listing of Merchant in such databases, and Merchant waives all claims and liabilities Merchant hay have as a result of such reporting." p) Section (A)(16)(e) Security Program Compliance is revised to read as follows: "e. Security Program Compliance. Merchant must comply with the requirements of the Payment Card Industry (PCI) Data Security Standard (PCI DSS) including the Cardholder Information Security Program (LISP) of Visa, the Site Data Protection Program (SDP) of MasterCard, the Data Security DISC Program and the PCI DSS regulations of Discover Network, and the security programs of any other Payment Network as to which Merchant accepts a Payment Device, as applicable, and any modifications to, or replacements of such programs that may occur from time to time (collectively, "Security Programs"). Upon request, Elavon will provide Merchant with the respective website links to obtain the current requirements of the Visa, MasterCard, and Discover Network Security Programs. All Value Added Servicers from whom Merchant procures services must comply with the requirements of those Security Programs. Merchant, and not Elavon or Member, is responsible for Merchant's own actions or inactions, those of Merchant's officers, directors, shareholders, employees and agents, including any Value Added Servicer (collectively, "Merchant's Agents"). Merchant shall be responsible for any liability, loss, cost, or expense resulting from the violation of any of the Security Program requirements by Merchant or any of Merchant's Agents." q) Section (A)(17)(a) Use of Trademarks is revised to read as follows: "a. Use of Trademarks. Merchant may use and display the Payment Networks' marks, and shall display such marks in accordance with the standards for use established by the Payment Networks. Merchant's right to use all such marks will terminated upon termination of the Agreement or upon notice by a Payment Network to discontinue such use, and Merchant must thereafter promptly return any materials displaying the marks. Merchant's use of promotional materials provided by the Payment Networks will not indicate, directly or indirectly, that such Payment Networks endorse any goods or services other than their own and Merchant may not refer to any Payment Networks in stating eligibility for Merchant's products or services." r) Section (A)(17)(c) Passwords is revised to read as follows: "c. Passwords. If Merchant receives a password from Elavon to access any of Elavon's databases or services, Merchant will: (i) keep the password confidential; (ii) not allow any other entity or person to use the password or gain access to Elavon's databases or services; (iii) be responsible for all action taken by any user of the password that Government and Institutions Addendum 3 Elavon n GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 obtained access to the password from Merchant; and (iv) promptly notify Elavon if Merchant believes Elavon'sO databases or services or Merchant's information has been compromised by use of the password. If Merchant receives passwords from a third party for products or services related to Transaction processing, Merchant must protect such passwords in the manner required by such third party and be responsible any losses, costs, or expenses that arise from Merchant's use or misuse of such third party passwords." s) Section (A)(18)(b) Governing Law in the United States is deleted. t) Section (A)(18)(c) Jurisdiction and Governing Law in Canada is deleted. u) Section (A)(18)(d) Exclusivity is deleted. v) Section (A)(18)(f) Assignability is revised as follows: "f. Assignability. The Agreement may not be assigned by Merchant, directly or by operation of law, without the prior written consent of Elavon. If Merchant, nevertheless, assigns the Agreement without Elavon's consent, the Agreement will be binding on the assignee as well as Merchant. Elavon will not transfer or assign the Agreement without the prior written consent of Merchant, provided that such consent shall not be required for (i) the assignment or delegation to an affiliate of Elavon, or (ii) the assignment or delegation to any Person into or with which Elavon shall merge or consolidate, or who may acquire substantially all of Elavon's stock or assets." w) Section (A)(]8)(g) Arbitration is deleted. x) Section (A)(18)(k) Attorney's Fees is deleted. y) Section (A)(18)(p) Amendments is revised as follows: "p. Amendments: Except as otherwise provided in the Agreement, amendments to the Agreement shall be in writing and signed by the parties. Notwithstanding the foregoing, Elavon and Member may amend or modify the Agreement, to the extent such changes are required by or attributable to changes in the Payment Network Regulations or other Laws, upon written notice to Merchant. Elavon or Member will inform Merchant of such a change in a periodic statement or other written notice, and such change will become effective not less than thirty (30) days following the issuance of the notice. Notwithstanding the previous sentence, changes to fees authorized by the Agreement will be effective upon notice to Merchant, unless a later effective date is provided." a) Section (A)(19)(d) Personal Guaranty is deleted. aa) Section (A)(20)(j) Net Lease; Taxes shall only apply if Merchant is not a tax-exempt entity as provided in Section (A)(7)(c)- bb) Section (A)(20)(k) Indemnity is replaced as follows: "k. Responsibilities. Lessee will be responsible for all liability, damage or loss arising out of the ownership, selection, possession, leasing; operation, control use, condition, maintenance, delivery and return of the Leased Equipment. This obligation shall continue in full force and effect notwithstanding the termination of the lease." cc) Section (A)(20)(1) Insurance is deleted.. dd) Section (A)(20)(n) Loss or Destruction Waiver is deleted. ee) Section (A)(20)(p) .Remedies is replaced as follows: "p. Remedies. If an event of default shall occur as described in Section (A)(20)(o) above, Lessor may, at its option, at any time (i) declare immediately due and payable and recover from Lessee, as liquidated damages for the loss of a bargain and not as a penalty, an amount equal to all accrued and unpaid rental payments and late charges, taxes if applicable, and other fees, plus the Loss Amount as set forth in Section (A)(20)(m) above; (ii) automatically charge any or all of Lessee's DDAs for all money amounts owed; (iii) to the extent permitted by applicable Law, without demand or legal process, enter into the premises where the Leased Equipment may be found and take possession of and remove the Lease Equipment, without liability for such retaking; (iv) Lessor may hold, sell or otherwise dispose of any such Leased Equipment at a private or public sale; or (v) any other remedies available under applicable Law. In the event Lessor takes possession of the Leased Equipment, Lessor shall give Lessee credit for any sums received by Lessor from the sale or rental of the Leased Equipment after deduction of the expenses of sale or rental and Lessee shall be responsible to Lessor for any deficiency. Notwithstanding the foregoing, to the extent the Leased Equipment is nontransferable or its transfer restricted (e.g., software), Lessee agrees that Lessor and/or licensor of the Leased Equipment shall have no duty to remarket such Leased Equipment or otherwise mitigate any damages relating to such Leased Equipment. Lessee shall also be responsible for and shall pay to Lessor all expenses incurred by Lessor in connection with the enforcement of any of Lessor's remedies including all collection expenses, that includes, but is not limited to, charges for collection letters and collection calls, charges of collection agencies, sheriffs, etc; and all expenses of repossessing, storing, shipping, repairing, and selling the Leased Equipment. Lessor and Lessee acknowledge the difficulty in establishing a value for the unexpired lease term and, owing to such difficulty, agree that the provisions of this Section represent an agreed measure of damages and are no to be deemed a forfeiture or penalty. All remedies of Lessor hereunder are cumulative, are in addition to any other remedies provided for by Law, and may, to the extent permitted by Law, be exercise concurrently or separately. The exercise of any one remedy shal f not be deemed to be an election 4• Government and Institutions Addendum Eldon GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 of such remedy or to preclude the exercise of any other remedy. No failure on the part of the Lessor to exercise and no delay in exercising any right to remedy shall operate as a waiver thereof or modify the terms of the lease." ff) Section (A)(20)(s) Miscellaneous is replaced as follows: "s; Miscellaneous. If Lessee fails to pay any rent or other amount required herein to be paid to Lessor within five (5) days of when due, Lessee agrees to pay Lessor, in addition to the payment, a late charge of 15% of the amount past due (but at least $7.50) for each late payment. Each month the past due payment remains unpaid, an additional late fee in the amount defined will be assessed. Payments are applied to late fees and service charges first and then to the lease obligation. Amounts sball be payable in addition to all amounts payable by Lessee to Lessor as a result of exercise of any of the remedies herein provided If Lessee requests any services not provided for herein, Lessee agrees to pay an applicable fee for delivery of such services. Lessee shall inform Lessor of any change in Lessee's name,. address, billing address, telephone numbers, location of the Leased Equipment, or DDA. In the event Lessee fails tb . comply with any provision of the lease, Lessor shall have the right, but not be obligated, to affect such compliance on behalf of Lessee upon ten (10).days prior written notice to Lessee. In such event, all monies expended by and all expenses of Lessor in effecting such compliance, shall be deemed to be additional rental, and shall be paid by Lessee at the time of the next monthly payment of rent. All notices under the lease shall be sufficient if given personally or trailed postage prepaid to the party intended at the respective address set forth herein, or at such other address as said party may provide in writing form time to time. The lease inures to the benefit of and is binding upon the successor. and assigns of the parties hereto. Time is of the essence of the lease. Lessor and Lessee intend the lease to be a valid and subsisting legal instrument, and agree that no provision of the lease that may be deemed unenforceable shall in a anyway invalidate any other provision or provisions of the lease, all of which shall remain in full force and effect." gg) Section (A)(20)(t) Important Information about Credit Reporting is replaced as follows: "t. Important Information about Credit Reporting. Lessor may report information about this account to credit . bureaus. Late payment, missed payments, or other defaults on this account may be reflected in the credit report of. ; Lessee." Section D — Government/Public Institution Service Fees (MasterCard Convenience Fee Program for Education and Government Merchants or Visa Tax Payment Program Only; all other Convenience Fees are governed by the Merchant Operating Guide) 2) The following provisions are added to the "COS for Merchants instituting a Government/Public Institution Service fees under this Addendum. a) Government/Public Institution Service Fees. If Merchant isboth eligible to charge or to have Elavon charge Government/Public Institution Service Fees (as defined on Exhibit B hereto) and has elected on Exhibit A to manage or to have Elavon manage Government/Public Institution Service Fees, then Merchant shall comply with the Government/Public Institution Service Fee Terms and Conditions attached hereto as Exhibit B. Government and Institutions Addendum ELGz V Vn GOVERNM ENT ENTITIES AND INSTITUTIONS ADDFNUUM TO TOS v.09.08.10 .EXHIBIT A GOVERNMENT/PUBLIC INSTITUTION SERVICE FEE ENROLLMENT Date: Pricing Quatc #: ❑New Ltxation Rep Name: Rep Phone #: ❑ Add/Update Service Existing MID: Chain #: DBA Name: DBA Phone #: Contact Name (first & last): DBA Fax #; DBA Address: City, State, Zip: Contact Name (First and Last): 1-raining Phone # (if different)! Goods or Services Sold: Federal Tax ID: Processing Options: Govemment/Public Institution Serv- F F h (vlpdel (cjle (In9 jfMq$iba.R.t elects 1•c institution.. Service Peep (GPISF) assessment): ,Cnvernment/Pu © Clavon-managed' ❑ Merchant -managed' Government/Public Institution Service Fee Services Progmmslchcck all thatapply. but only if Mercln-tts QPlSF assessmgpl): ❑ MastcrCard Convenience Fee Program for Education and Government Merchants ❑ Visa Tax Payment Program Govcmnunt/Public_Institution Service Pee Pricing (applicable only if Merchant ciccts GPtSf asses-pggt?; Card Service Fee % Visa Consumer Debit (tax only): $ ACH (via Electronic Check Services): $ •. Minimum Annual Fees (if applicable): S_ e a tion Tynei for GP15F Assps3mentt all c t w f n are su orled for all o ms check all that a 1 ut and i (t (G nt ❑ Credit - (check all that apply): © Visa © MasterCard ❑ Discover (available if F,lavon-acquired) © Signature Debit - (check all that apply): © Visa ❑ MasterCard ❑ Discover (available if Elavon-acquired) ❑ PIN -Based Debit ❑ ACH (via Electronic Check Services) Elnygn Pr2dUct Sup in rl ` o be . • • pt,check all that aaMlyj: ❑ Enterprise Billing Solutions (Additional Addendum required ifchccked) ❑ service Fee Terminal (VeriFone vx570) ❑ Limited Acceptance (Visa, MasterCard, and Discover credit cards only) [� MasterCard and Discover credit cards and signature debit cards ❑ Merchant Proprietary Solution or Value -Added Servitor ❑ Other By signing below, Merchant warrants the truthfulness and accuracy of the information provided, agrees to pay the fees set forth herein and agrees to abide by thu Terms & Conditions for Assessutcut of (.iovernment/Public Institution Service Fees. signature Name & Tito _ bite 1. "Llavon-managed" means that Elavon establishes the amount of the Government/Public Institution Service Fee charged and retains the Government/Public Institttion Service Fee in lieu of Merchant's obligation to pay Elavon the per transaction fees asset forth in the Agreement. 2. "Mc%bant-managed" means that Merchant establishes the amount of the Government/Public Institution Service Fee charged and retains the Government/Public Institution Service Fee. Merchant pays Elavon the per transaction fees as set forth in the Agreement for all such Transactions. Flavon Processing Services for Government Entities and Institutions .Enrollment y�y Elan GOVERNMENT F,NTITIt S AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 EXHIBIT B TERMS AND CONDITIONS FOR ASSESSMENT OF GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES ASSESSMENT OF GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES. Terms and Conditions ("T&Cs") for Assessment of Government/Public Institution Service Fees. 1) APPLICABILITY OF AGREEMENT. If Merchant has requested authority to charge or to have Elavon charge a Govemment/Public Institution Service Fee to its Customers for Eligible Transactions, the following provisions apply to such Eligible Transactions and the related Government/Public Institution Service Fees charged. Any other Transactions or fees, including Convenience Fees, are governed by the standard provisions set forth in the Agreement, as modified by the applicable Schedules or Addenda thereto. Merchant agrees to the following provisions, as and to the extent applicable, in addition to the terms and conditions of the Agreement. 2) RULES OF CONSTRUCTION. These T&Cs are intended to complement and are subject to your Agreement. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement or the MOG. In the event of a conflict between these T&Cs and other terms of the Agreement or the MOG, the terms of these T&Cs shall prevail. 3) DEFINITIONS. a) Agreement. The Terms of Service (TOS) or the Payment Device Processing Agreement, as applicable. b) Government/Public Institution Service Fee. The fee charged by Elavon or Merchant, at Merchant's election, to Customers conducting Eligible Transactions (as described herein, as applicable) at Merchants operating in certain designated merchant category codes ("MCCs"). For the avoidance of doubt, fees referred to as a "service fee" or "convenience fee" (in the context of the MCCs described herein) as used in the applicable rules of the Credit Card Associations, where the fee is processed as a separate Transaction from the underlying purchase or payment Transaction, are included within the definition of, and are referred to herein, as a "Government/Public Institution Service Fee." 4) GOVERNMENT/PUBLIC INSTITUTION SERVICE FEE SERVICES. a) Government/Public Institution„ Service Fee Services. At Merchant's election, Merchant may choose to charge a Government/Public Institution Service Fee (a Merchant - managed Government/Public Institution Service Fee) or to have Elavon charge a Government/Public Institution Service Fee (an Elavon-managed Government/Public Institution Service Fee) to its Customers for Eligible Transactions, in each case provided that Merchant is in compliance with the Payment Network Regulations and Laws, including .the Electronic Fund Transfer Act and Regulation E. if Merchant elects an Elavon-managed Government/Public Institution Service Fee, Merchant agrees that any Government/Public Institution Service Fee collected in connection with an Fligible 'Transaction will be retained by Elavon and Member and that such amount constitutes Elavon's and Member's property, and Merchant has no right, title or interest in such amounts. Further, if Merchant elects an. Elavon-managed Government/Public Institution Service Fee, Merchant agrees that Elavon may adjust the Government/Public Institution Service Fee amount from time to time as necessary or appropriate to accommodate changes in Payment Network fees (including Interchange fees), material changes in average ticket size and/or monthly Transaction volume, Interchange classification or downgrades, changes in Chargeback rates, or changes in Payment Devices accepted and/or payment channels offered by Merchant. Additionally, Elavon may immediately terminate the Processing Services for Government/Public Institution Service Fees if Merchant's Chargeback rates materially exceed industry averages. If Merchant elects a Merchant -managed Government/Public Institution Service Fee, Merchant will receive and retain the Government/Public Institution Service Fee collected in connection with Eligible Transactions and will pay regular per transaction fees to Elavon and Member for the Processing Services provided by Elavon and Member with respect to such Transactions. Merchant agrees that the minimum annual Transaction fees (which includes any Elavon-retained Government/Public institution Service Fees) paid to Elavon and Member for Transactions processed under this Addendum shall be at least equal to the "Minimum Annual Fees" amount identified on Exhibit A hereto. For any partial period of less than a full year during the term of this Addendum, the actual amount of fees paid by Merchant to Elavon for Transactions processed under this Addendum shall be annualized to determine if Merchant has satisfied this obligation. At the end of each year (the first of which shall begin on the Addendum Effective Date and each successive year of which shall begin immediately upon the conclusion of the preceding year), Elavon may notify Merchant if the actual Transaction fees paid by Merchant in respect of this Addendum is less than the Minimum Annual Fees amount. In the event that Merchant's actual Transaction processing fees under this Addendum for any such period are less than the Minimum Annual Fees, Merchant shall promptly pay Elavon and Member the difference. b) Conflict of Laws. To the extent Merchant's state or other governing body has passed legislation that requires assessment of Government/Public Institution Service Fees by government agencies as a component of card acceptance, such laws may conflict with Payment Network Regulations. Merchant bears all responsibility and liability associated therewith, including all assessments, fees, fines and penalties levied by the Payment Networks. 5) REQUIREMENTS FOR GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES. Elavon may update or Terms and Conditions for Assessment of Government/Public Institution Service Fees Elan GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 revise the provisions of this Section 5 upon written notice to Merchant. a) Merchants Accepting Visa Cards for Eligible Transactions. The following requirements apply to Merchants accepting Visa Credit Cards and/or Visa signature Debit Cards that desire to charge or to. have Elavon charge a Government/Public Institution Service Fee on certain Transactions. If Merchant also accepts and wishes to charge or to have Elavon charge a Government/Public Institution Service Fee on certain Transactions paid by MasterCard and/or Discover Network. cards, the requirements of this Section (5)(a) also apply to Merchant in connection with the assessment of Government/Public Institution Service Fees on Transactions involving those Payment Devices. i) Eligible Merchants. Merchants operating in MCC 9311 (Taxes) are eligible to charge or to have Elavon charge a Government/Public Institution Service Fee to Customers in connection with Eligible Transactions listed in Section (5)(a)(ii) below. ii) Eligible Transactions. Eligible Merchants may charge or have Elavon charge. a Government/Public Institution Service Fee only in connection with the following "Eligible Transactions": . 1) Federal personal income taxes; 2) State personal income taxes; 3) heal estate and other property taxes; 4) Federal business income taxes; 5) State business income taxes; 6) Federal payroll/unemployment taxes; 7) State payroll/unemployment taxes; or 8) Sales and use taxes. ili) Transaction Requirements. The following requirements apply to Eligible Transactions under this Section (5)(a). 1) Merchant must provide Elavon with the necessary documentation to facilitate Elavon's registration of Merchant in the "Visa Tax Payment Program," the "MasterCard Convenience Fee for Eligible Government and Education Payments" program and/or the convenience fee program of Discover Network, in each case to the extent applicable and required. 2) The Government/Public Institution Service Fee must be disclosed to the Cardholder prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not wish to pay the Government/Public institution Service Fee. 3) The Govemment/Public Institution Service Fee must apply in the same amount regardless of the Credit Card type or signature Debit Card type (with the exception of Visa Consumer Signature Debit) accepted for payment of a given Eligible Transaction within a particular payment channel. This requirement does not apply to payments made by ACH, cash, check or PIN -based Debit Card. 4) The Government/Public Institution Service Fee must not be advertised or otherwise communicated as an offset to the merchant discount rate. 5) The Government/Public Institution Service Fee cannot be charged for recurring payments. The Government/Public Institution Service Fee is designed for one-time payments, not for payments in which a Cardholder authorizes recurring charges or debits. 6) Merchant must accept Visa as a means of payment in all channels (i.e., face-to-face, mail/telephone, and Internet environments, as applicable). 7) Merchant inust feature the opportunity to pay with Visa at least as prominently as all other payment methods. b) Merchants Not Acceptipg Visa Cards for Eli ible Transactions. The following requirements apply to Merchants accepting Credit Cards and/or signature Debit Cards other than Visa (i.e., Merchants accepting MasterCard cards and/or Discover Network cards but not accepting Visa cards) that desire to charge or to have Elavon charge Govemment/Public Institution Service Fees on Eligible Transactions. i) Eligible Merchants. Merchants operating in MCCs 8211 (Elementary Schools), 8220 (Coll eges/Universities), 9211 (Courts), 9222 (Fines), 9311 (Taxes) and 9399 (Miscellaneous Government Services) are . eligible to charge or to have Elavon charge a Govemment/Public Institution Service Fee to Customers in connection with Eligible Transactions listed in Section (5)(b)(ii) below. ii) Eligible Transactions. Eligible Merchants may charge or have Elavon charge a Government/Public Institution Service Fee only in connection. with the following "Eligible Transactions". 1) Payments to elementary and secondary schools for tuition and related fees, and school -maintained room and board; 2) Payments to colleges, universities, professional schools and junior colleges for tuition and related fees, and school - maintained room and board; 3) Payments to federal courts of law that administer and process court fees, alimony and child support payments; 4) Payments to government entities that administer and process local, state and federal fines; 5) Payments to local, state and federal entities that engage in financial administration and taxation; or 6) Payments to Merchants that provide general support services for the government. lii) Transaction Requirements. The following requirements apply to Eligible Transactions under this Section (5)(b). 1) Merchant must provide Elavon with the necessary documentation to facilitate Elavon's registration of Merchant in the "MasterCard Convenience Fee for Eligible Government and Education Payments" program and/or the convenience fee program of Discover Network, in each case to the extent applicable and required. 2) The Government/Public Institution Service Fee must be disclosed to the Cardholder prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not wish to pay the Government/Public Institution Service Fee. 3) The Government/Public Institution Service Fee must apply in the same amount regardless of the Credit Card or signature Debit Card type accepted for payment of a given Eligible Transaction within a particular payment channel. Terms and Conditions for Assessment of Government/Public Institution Service Fees r-IT"W I Elan GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS vA9.08.10 This requirement does not apply to payments made by ACH, cash, check or PIN -based Debit Card, 4) The Government/Public Institution Service Fee must not be advertised or otherwise communicated as an offset to the merchant discount rate. c) Additional Requirements for Merchants Utilizing Proprietary Solutions or Value Added Servicers. i) POS Devices. Merchant is responsible for ensuring that its software, PUS Devices and card acceptance procedures fully comply with Elavon's instructions, including with respect to programming of software and POS Devices to handle Eligible Transactions to ensure proper assessment of Government/Public Institution Service Fees. If the Government/Public Institution Service Fee is Elavon- managed, Merchant is further responsible for complying with all requirements as provided by Elavon from time to time to appropriately process the Eligible Transactions to qualify for optimal Interchange rates within five (5) days of Elavon's communication to Merchant of the same. If Merchant fails to make changes to its POS Devices or card acceptance procedures requested by Elavon within five (5) days of the request, Elavon may, in its discretion, discontinue the program or suspend a certain payment type. Further, if Merchant fails to make such changes and the Govemment/Public Institution Service Fee is Elavon- managed, Elavon may adjust the Government/Public Institution Service Fee amount, bill the Merchant for charges in excess of the Government/Public Institution Service Fee to recover losses related to Transactions that did not qualify for optimal Interchange rates or for applicable Credit Card Associations' reimbursement programs, including, but not limited to, losses related to Merchant's failure to distinguish between pricing of Visa signature Debit Cards and all other card types for transactions processed within the Visa Tax Payment Program. ii) Approval Required to Charge or Adjust Government/Public Institution Service Fee. Merchant may not charge or adjust Government/Public Institution Service Fees unless Merchant has disclosed such fees to Elavon previously in writing and Merchant has been approved by Elavon to charge or adjust such Government/Public Institution Service Fees, If Merchant charges or adjusts a Govemment/Public Institution Service Fee without having disclosed such fee or adjustment previously in writing and obtained Elavon's consent, Merchant will be in breach of the Agreement and Elavon may immediately terminate the Agreement in addition to pursuing any other remedies available under the Agreement, Laws and Payment Network Regulations. iii) Value Added Servicer. Merchants accepting Visa cards for Eligible Transactions who utilize proprietary solutions or Value Added Servicers to manage a Government/Public Institution Service Fee must comply with Attachment 1, attached hereto. 6) ADDITIONAL. PROCESSING REQUIREMENTS. If Merchant voids an underlying Eligible Transaction, the associated Government/Public Institution Service Fee must be voided as well. If Merchant processes a refund for an underlying Eligible Transaction, Merchant must disclose to Customers that Government/Public Institution Service Fees are non-refundable. Merchants that desire to charge or to have Elavon charge Government/Public Institution Service Fees will be assigned separate MIDs for use in connection with Eligible Transactions and related Government/Public Institution Service Fees. MIDs assigned for use with Eligible Transactions and/or Govemment/Public Institution Service Fees may not be used to process Transactions that are not Eligible Transactions_ 7) PAYMENT AND TRANSACTION TYPES SUPPORTED. Government/Public Institution Service Fee capability for Credit Cards and/or signature Debit Cards depends on the Merchant's MCC, as described above, and the Payment Network Regulations of the applicable Credit Card Association. Government/Public Institution Service Fee capability is supported only through Elavon products specified on Exhibit A hereto. Not all payment and transaction types are supported for all products. Additionally, Merchant proprietary software, POS Devices, or Value Added Servicers may be certified to process Elavon-managed Govemment/Public Institution Service Fee Transactions. Closed network prepaid cards, electronic benefits transfer, and dynamic currency conversion are not supported for Government/Public Institution Service Fee processing. Terms and Conditions for Assessment of Government/Public Institution Service Fees Eld V lJh GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 ATTACHMENT 1 to T&Cs GOVERNMENT/ UBL1C INSTITUTION SERVICE FEE PROCESSING UVOUIREMENTS FOR MERCHANTS USING PROPRIETARY SOLUTIONS OR A VALUE ADDED SERVICER 1. Underlying Eligible Transactions The following data must be inserted in the listed fields when creating the authorization and clearing requests for the nnrlrrlvinxr Flisrihle Trnnsaction (the tax liability navment). �>tl�Ln;N�i�tr VAI,v�' Merchant Category Code ents 9311 — Tax Payments Merchant Name The following lists the format and information for each type of tax collected for this field: Federal tax payments, you must use "US Treasury Tax Payment" ■ State Income Tax: NN -- State Income Tax, where NN represents the state, for example, CA — State Income Tax ■ For all other taxes: Taxing Authority —Tax Type, for example: ✓ Sales Tax: NN Franchise Tax Board -- Sales Tax ✓ Business Income Tax: NN Franchise Tax Board — Business Income ✓ Property Tax: NN Funds E-Pa - Real Estate Merchant City Merchant customer service Phone number. Merchant State Merchant state two letter acronym (NN), for example, CA; (not the state of the provider). FCI Indicator • Use 1 or 4 for phone -initiated (MOTO) payments. ■ Use 5, 6, 7, 8 or 9 for Internet -initiated payments. Merchant Verification Value This value is used for large federal tax payment requests only. If appropriate, Visa will assign and notify you of your unique MVV value. Local Tax In the Sales Draft Record (TC05), Transaction Record 6 (TCR6), positions 5-16 "Local Tax"), insert the value of "0" = "0%" tax rate. Local Tax Included In the TC05, TCR6, position 17 ("Local Tax Included"), insert a value of "T' = Transaction is not subject to tax. H. Government/Public Institution Service Fee Transactions The following data must be inserted in the listed fields when creating the authorization and clearing requests for the t'nvomment/Pnhtie. Inatitntinn Service Fee. Merchant Category Code 9311 —Tax Payments Merchant Name The following lists the format and information for each type of tax collected: ■ Federal tax payments, you must use "US TreasuryTax Payment Service Fee" ■ State Income Tax: NN -- State Income Tax Service Fee, for example, CA -- State Income Tax Service Fee ■ For all other taxes: Taxing Authority _ Tax Type Service Fee, for example: ✓ Sales Tax: NN Franchise Tax Board •- Sales Tax Service Fee ✓ Business Income Tax: NN Franchise Tax Board — Business Income Service Fee ✓ _ Property Tax: NN Funds E-Pa — Real Estate Service Fee _ _ Merchant City Merchant service phone number. Merchant State Merchant state two letter acronym (NN), for example, CA; (not the state of the rovider). FCI Indicator • Use I or 4 for phone -initiated (MOTO) payments. ■ Use 5, 6, 7, 8 or 9 for Internet -initiated pyrnents. 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Q) to Ln C17 D .j c .7 U 0 CL C ° ' m 0— a 0 cL • 0 U !e7 4-J U to U 0 a L.LL a Is 1 v7 c 0 V C m in C O • '+r O o • E L > � � rn � a, o (D cn cc a w M w tows rn E b c 00 00CY .O w Eb > (1) T tt= O E 0 TR 12092 Exhibit 4 11 • ❑ New Location ® Additional Location Existing MID: 8014897105 Chain M New Location 1 of 1 New Merchant Application - Government / Institutional DBA Name: CITY TAMARAC UTILITY INT DBA Phone #: (954)597-3553 Ext. c Contact Name: CHRISTINE CAJUSTE DBA Fax #: (954)597.3560 DBA Address 1 ,n, ; F ';' >x!: 7525 NW 88TH AVE Customer Service Phone M gDBA Address 2: Email Address: Christine-cajuste@TAMARAC.ORG City: TAMARAC State: FL Zip Code: 33321 Year Established: Previous Processor: m Legal/Corporate Name: CITY OF TAMARAC Legal/Corporate Phone #: (954)597-3550 Ext. d Legal/Corporate Contact Name: MARK MASON Legal/Corporate Fax #: (954)597.3560 01 Legal/Corporate Address: 7525 NW 88TH AVE v c City: TAMARAC State: FL Zip Code: 33321 ❑ Officer ❑ Manager ®Authorized Representative ❑ Other Title C o a , First Name: CHRISTINE MI: o` V c N Last Name: CAJUSTE O Contact Address: 7525 NW 88th Ave Contact Phone #: (954)597-3553 Vd. City: TAMARAC State: FL Zip Code: 33321 Email Address: christine.cajuste@tamarac.org Average Sale Amount: $ 100 Description of product or services offered: UTILITY PAYMENTS C Total Monthly Visa/MC/DISC Sales: $ 300,000 MCC: 4900 p Card Present (swiped) % For Card Present Transactions, when does the customer receive the product or service? Card Present (not swiped) % ❑ Same Day ❑ If not same day, # of Days (include shipping time frame) Mail Order % For Card Not Present Transactions, when does the customer receive the product or service? Telephone Order % ® Same Day ❑ If not same day, # of Days (include shipping time frame) Internet 100 % For Internet Transactions: Total = 100% List the product web site: http://www.tamarac.orn/ y "Contact Us" email address: christine.cajuste amaraC.or L Do you operate seasonally: [1 Yes ® No If yes, please check months closed: ❑ January ❑ February ❑ March ❑ April ❑ May ❑ June ❑ July ❑ August ❑ September ❑ October ❑ November © December Chec Ing Accounts only) r- Deposit Bank Name: TD BANK ABA/Routing #: 067014822 DDA Account #: 6860820080 Lb u 4 Billing Bank Name ABA/Routing #: DDA Account #: 1 1 • ELAVONGOV 042011 4 4 C .o W < Please check each card you wish to accept Note: acceptance of card types not selected will result in discount downgrades. ®All Visa/MasterCard/Discover Cards (Ica, al, CUP) ❑ Visa Credit ❑ Visa Debit ❑ MasterCard Credit ❑ MasterCard Debit ❑ Discover (PCs, DI,CUP) m ' c o 1 a �j ❑ Retail ❑ Lodging ❑ Pay at Pump ... P. ......... ❑ Restaurant ❑ Supermarket ®MO/TO / Internet ❑ARU c c TIERED Rate Per Item Qualified % $ Mid-Qual % $ Non-Qual % $ Other Authorizations: Per Auth te' � li One Time Fee Type: Visa $0.07 Application Fee $0 MasterCard $0.07 Installation/Training $0 Discover $0.07 Wireless Set -Up Fee $ Opt. ❑ Check Card ❑ Sprmkt ❑ QPS/Small Tkt % $ Opt. Rewards Tier % $ Opt. Commercial Card Tier % $ WEX $ Rush Shipment $ Other: $ Other: $ Other: $ Monthly Fee Type: Other: $ Support Fee $5 ❑ INT Differential Plus VISA - Qual % $ MasterCard — Qual % $ Discover — Qual % $ Non-Qual $ Voice Authorizations: Statement Fee $0 ARU $0.75 Electronic Statement or ' ❑ Paper Statement Operator Assisted $0.90 AVS $0.90 Statement Mailing Fee For paper statements only) $5 Bank Referral $4.00 Minimum Discount $35 ® INT PLUS 0.12 % $o.00 PIN Debit Per Item Other: $ -Pricing Program (Required for mp : Rate (Plus network switch fee) Mont. mS /Auth -Assoc $ Other: $ Above Rates are for all Card Acceptance types selected Per Occurrence Fee Type: Per Auth Chargeback Fee $15 INT Plus/Assoc Mont. pricing4CDIF/Ruth pncirg=Assoc $ Return Item (NSF) Fee $20 Other: $ Other: $ VAR Service Provider (Hosted): Sun and HTE Gateway (optional): SunGard / Click 2 G Aggregator: VAR Vendor (Distributed): VAR Product: VAR Version: Purchase or Lease Purchase Lease Software/Wireless aty POS Description Item Code Price per Unit Term Monthly Monthly Rate per Unit Mon. Fee per Unit Per Auth Fee $ $ $ $ $ $ $ $ $ $ $ $ $ r $ $ $ O O Merchant Owns Software/Wireless Syc Oty POS Description Item Code Reprogram Fee per Unit Pin Pad Encryption Mon. Fee per Unit Per Auth Fee a 7 VAR - SunGard Click2Gov VAR $ ❑ $ $ Cr $ ❑ $ $ Lu $ ❑ $ $ S ecial Prorams Q POS Description Item Code Price Der Unit Equipment Back from Merchant $ Used "Please note that all leases MUST complete the LADCO Lease Agreement. All applicable state and local taxes will be applied. ® Tax Exempt C� W-IM•1ZrellirizKIN SE # Auth American Express: Fee ❑ ESA ❑ One Point CAP # FM Amex (10 digits) $ Monthly Volume: $ EST (7 digits) $ F ❑ Amex Rate % $...... Other. $ .. CNP Downgrade 0.30 % $ Other: $ ❑ Flat Fee Option (ESA only): $ 7.9-5, Other: $ w [] Debit — Includes INLK (Interlink), MSTO (Maestro), ACCL (Accell), AFFN, ALAS (Alaska), CU24. ITS (Shazam), m NETS, NYCE, PULSE and STAR ❑ Bill Payment Portal ❑ Pinless Debit ❑ Dynamic Currency Conversion (DCC) — Rebate: 0.75% DCC Annual Registration Fee: MIN 0 W C c ❑ Money Manager Vendor: '''' ❑ Mufti -Currency "J: ❑Working Capital Vendor: j ❑ MCP # Users Monthly Fee $ Set Up Type (check one) 0 MID El CHN ❑ ENT Set Up Fee $ CD 0 ❑ MCP with OCM # Users Monthly Fee $ Set Up Type (check one) ❑ MID ❑ CHN ❑ ENT Set Up Fee $ ❑ ACS Remote ID Set Up Fee $ Monthly Fee $ Processing Options: ❑ POP (POS Image) © ARC (POS Image) © BOC (❑ POS Image or❑'Cash Office Image) G 1. ANNUAL check volume: $ 2. Average check amount: $ 3. Maximum check amount: $ u r. ECS Monthly Minimum: $ Please check box for each additional service option ❑ Conversion with Guarantee ❑ NSF Service Fee Processing Q $2.00 per NSF Item. C Guarantee Rate: % Per Transaction: $ q� r/7 G Not applicable for POP Guarantee and all ARC products W❑ Conversion with Verification ❑ Collections c -- �` ❑ EnQuire Reporting Access: m Per Transaction: $ Per Return Transaction: $ #users: @ $29.95 each per month ❑ Conversion Only ❑ Collections ........ ❑ Turn off return memo adwces Per Transaction: $ Per Return Transaction: $ Card Style Card Quantity Price CM ro ❑ Basic $ c ❑ Monthly Pricing: $ per month Li$ u (Includes transactions per location annually. Additional transaction billed $0.29 per Standard $ 1 transaction) Custom (� W OR ❑ Transaction Pricing: $ per transaction and $ per month. Max Card Value $ Default $500 ❑ Card Carriers (enter total cards) m # of Style ❑ Service Fees (Cardholder charged on unused balances) v 'W # of Style $ x I Custom Cards are required ILL - Fee Merchant charged per Transaction $0.12 # of Style -Apply same to all states? ®Y ❑ N (if no, complete for each state) Multiples of 100 onl � it m Fee Amount: $ Applied: ❑ Monthly ❑ Quarterly ❑ Annually ElMonthly Online Admin - # Users $ U ❑ Graphic Design Service $ to Beginning: _ Months after last Transaction date (cannot be less than 12 mos) El Custom Card Upgrade $ Lock Balances After: Months of non-use (default 72 months, cannot be _ __ _ W0.2 C ❑Misc Fee - $ less than 60 months) 171 Misc Fee - $ 0'6 ❑ Elavon VAR Manufacturer: t9 '' VAR Software: w _ ❑ Givex Version: Card Style: w " Text Color: Justification: ❑ Left ❑ Center ❑ Right ❑ As submitted cl `m Imprint: ❑ Logo (To avoid delay, please submit artwork to: EGCArtwork(dtElavon.com) v OR d ❑ Text (Imprinting details MUST be entered below) "Q '' ♦ Font (select ONE): ❑ Arial ❑ El Times New Roman v ♦Text Case select ONE): [) Title Case UP ER CASE ❑ lower case ❑ As submitted 't9 ti m ro e K7 tip c� w z 0 0 0 ELAVONGOV 042011 4 lr Merchant Application — Government / Institutional Org Type: ® Government ❑ Non -Profit Charitable or Social (include documents that support Tax Exempt Status) ❑ Other Name*: CITY OF TAMARAC A*Name of business as shown on your business income tax returns. I` Address: 7525 NW 88TH AVE O TIN (Employer Identification #): 59-1039552 City: TAMARAC State: FL Zip Code: 33321 r TIN (Social Security #): Merchant Representations and Certifications. By signing below, the applicant merchant ("Merchant") and its representative(s) represent and warrant to Elavon, Inc. ("Elavon" or "member' as applicable), with offices at 7300 Chapman Highway, Knoxville, TN 37920 (collectively, 'we* or "us") that (i) all information provided in this merchant application ("Merchant Application") Is true and complete and property reflects the business, financial condition, and principal partners, owners, or officers of Merchant; and (ii) the persons signing this Merchant Application are duly authorized to bind Merchant to all provisions of this Merchant Application and the Agreement. The signature by an authorized representative of Merchant on the Merchant Application, or the transmission of a Transaction Receipt or other evidence of a Transaction to us, shall be the Merchant's acceptance of and agreement to the terms and conditions contained in the Agreement including, without limitation, this Merchant Application, the Terms of Service ("TOS") and the Merchant Operating Guide ("MOG") Incorporated herein by this reference and located at our website at https://www.merctiantcDnnect,com/CWRWeb/pdf/TOS_ENG,pdf and https://www.ryierchariLmnnect.c,.offVCWRWeb/pdf/MOG_Eng.pdf, respectively. If Merchant does not have access to view the TOS or MOG at our webslte please contact our customer service center. Notwithstanding any such non -receipt of the TOS or MOG, Merchant agrees to comply with the Agreement, and all applicable laws, rules, and regulations Including the rules and regulations of the Payment Networks, and understands that failure to comply will result in termination of processing services. Capitalized terms shall, unless otherwise defined in this Merchant Application, have the same meaning ascribed to them In the TOS and MOG. to C Merchant must obtain an Authorization Code via electronic terminal or similar device before completing any transaction. Merchant understands that an AUTHORIZATION CODE IS NOT A O GUARANTEE OF ACCEPTANCE OR PAYMENT OF A TRANSACTION. RECEIPT OF AN AUTHORIZATION CODE DOES NOT MEAN THAT MERCHANT WILL NOT RECEIVE A CHARGEBACK FOR THAT TRANSACTION. 10 D Merchant and its representative(s) authorize us prior to our acceptance of this Merchant Application and from time to time thereafter, to investigate the business history and background of �greports Merchant and to obtain credit reports or other background investigation re its on Merchant that we consider necessary to review the acceptance and continuation of this Merchant ry p Application. Merchant also authorizes any person or credit reporting agency to compile information to answer those credit Inquiries and to furnish that information to us. U � IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, Federal law C requires all financial institutions to obtain, verify, and record Information that identities each person who opens an account. This means we will ask for certain information and Identifying documents R to allow us to identify you. In C O This Merchant Application may be signed In one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Merchant Application. Delivery of executed counterparts of this Merchant Application may be accomplished by a facsimile transmission, and a signed facsimile or copy of this Merchant Application shall r constitute a signed original. C � All merchants must comply with the y try Security ( ) p y requirements of the Payment Card Indus Data Securi Standards "PCI DSS'). Elavon requires Level 4 merchants determined based on transaction volume) to validate PCI DSS compliance on an annual basis, with initial validation to occur no later than ninety (90) days after account approval. Merchant will be charged either the Annual PCI Fee or the Annual Administration Fee described below. C" C Annual PCI Fee of up to $175 per merchant account number, based on connectivity, number of merchant locations and then -current cost to Elavon of the services, will be charged to merchants Far that use the services of the qualified third a assessor with whom Elavon has partnered. Elavon will waive this fee for six months after the date of account approval, charging the fee annual) m q party P PP r9 9 Y subsequent years. Annual Administration Fee of $35 will be charged to merchants that use the servloes of another qualified assessor and attest to PCI DSS validation on the websile designated by C: Elavon. Any merchant that has not validated PCI DSS compliance within ninety (90) days of account approval, or In subsequent years on or before the anniversary date of account approval, will be charged a monthly non-compliance fee of $29.95 until Elavon is provided with validation of compliance. Merchant may be eligible for Data Breach Coverage following account approval and PCI DSS compliance validation. See the PCI Compliance Program Overview for coverage details and conditions. Am¢rion Express Acceptance Agreement By signing below, I represent that I have read and am authorized to sign and submit this application for the above entity which agrees to be bound by the American Express® Card Acceptance Agreement ("AXP Agreement"), and that all information provided herein is true, complete, and accurate. I authorize Elavon and American Express Travel Related Services Company, Inc. ("AXP") and AXP's agents and Affiliates, as defined in the AXP Agreement, to verify the information in this application and receive and exchange Information about me personally, including by requesting reports from consumer reporting agencies, and disclosing such information to their agent, subcontractors, Affiliates and other parties for any purpose permitted by law. I authorize and direct Elavon, AXP, AXP agents and Affiliates to inform me directly, or through the entity above, of reports about me that they have requested from consumer reporting agencies. Such information will include the name and address of the agency fumishing the report. I also authorize AXP to use the reports from consumer reporting agencies for marketing and administrative purposes. 1 understand that upon AXP's approval of the application, the entity will be sent a copy of the AXP Agreement and materials welcoming it, either to AXP's program for Elavon to perform services for AXP or AXP's standard Card acceptance program which has different servicing terns (e.g. different speeds of pay). I understand that if the entity does not qualify for the Elavon servicing program, that the entity may be enrolled in American Express's standard Card acceptance program, and the entity may terminate the AXP Agreement. By accepting the American Express Card for the purchase of goods and/or services, or otherwise indicating its intention to be bound, the entity agrees to be bound by the AXP Agreement. Signature: X Printed Name: Title: Date: Signature: X Printed Name: Title: Date: To the best of my knowledge, I certify that the Ird rmall on provided in this Merchant Application was provided by the Merchant and Is true, complete and accurate. I further certify that the signatures were provided by the Merchant's er(s) or off) as appropriate. am Sales Rep Signat �5,Painted to Name: Jeremy G. Krahl Rep ID #: 19090 Date: 9/13/2011 g „ , Accepted by Elavon, 101, .: Date: 0 Accepted by Mem r: Date: • ELAVONGOV 042011 What Happens Next? Thank you for choosing us as your payment processor. We look forward to providing you with the best customer service in the industry. 0 Below are the steps that will be taken to get you up and running quickly. Application and Credit Underwriting Your application will be sent to our Operations center for processing. It will be checked for completeness and accuracy. Our credit underwriting specialists will review the information provided, perform the necessary analysis, and approve or decline the application. We will contact you within 24-72 hours if we need you to provide additional information. 2. Deployment Once your application is approved and entered into our systems, our deployment team will prepare any equipment or software for shipment. You should receive your package within two -five days, depending on the method of shipping selected. Look inside the box for your Getting Started Kit — it contains a packing list, your Merchant Identification Number (MID), support materials, and information about training and service. 3. Training Once you receive your package, please call the training at 866-451-4007 to speak with one of our representatives. If we don't hear from you, we will contact you to schedule a session. The session will cover information about credit card processing, how to set up use your processing terminal or software solution, and where to find helpful information. 4. PCI Compliance Validation Process Complete your Payment Card Industry Data Security Standard (PCI DSS) validation. Visit our PCI website, htt :// ci.elavon.com, for education and tips on protecting cardholder data. You can also connect with our Visa® and MasterCard® accredited Qualified Security Assessor (QSA) and Approved Scanning Vendor (ASV). You must provide a certificate of compliance validation within ninety days (90) of account approval to avoid a monthly non-compliance fee. 5. Communications You will receive an email from Elavon that contains helpful information about processing with us, as well as a quick link to MerchantConnect, our free online support tool. You will also receive a survey that will ask you to score us on a number of factors. We value your feedback, and ask that you kindly take two minutes to rate the sales process, training process, and overall level of service. We will periodically send you information to keep you informed about things that impact your business. 6. Service Help is always just a phone call away — we operate a 24/7 call center. Call 800-725-1243 to talk with a representative. For free online access to your account, go to hgp,s://w%,?w_,merchGantconnect.crotii. You can view your statement, display recent deposits, view chargeback and retrieval requests, access customer support, and much more. Thank you for your business. We look forward to providing you the very best in service. • ELAVONGOV 042011 . El41. V it (City of Tamarac, FL) SECOND ADDENDUM TO TERMS OF SERVICE did 09.15.11 FINAL SECOND ADDENDUM TO TERMS OF SERVICE This Second Addendum to the Terms of Service ("Second Addendum") clarifies, amends and supplements the Merchant Application dated which incorporates the Terms of Service (version August 2011), as amended by the Government Entities and Institutions Addendum dated , (collectively the "Agreement'), by and among the City of Tamarac, Florida ("Merchant") and Elavon, Inc. (collectively, the "Parties"). In consideration of the mutual covenants and agreements and intending to be legally bound hereby, the Parties hereby covenant and agree as follows: 1. Except as otherwise defined in this Second Addendum, capitalized terms used herein shall have the same meaning ascribed to such terms in the Agreement or the Merchant Operating Guide. below. 2. The term "Addendum Effective Date" shall mean the date specified in the signature block of Elavon 3, Section A(15)(a) of the Terms of Service is hereby deleted and replaced with the following: Term. Unless terminated as set forth below, the Agreement will remain in effect for a period of four (4) years ("Initial Term") following the date of acceptance of the Merchant Application by Elavon and Member, which date shall be the date upon which the Agreement becomes effective. Thereafter, if the parties mutually agree each year, the Agreement will renew for successive one (1) year terms ("Renewal Term"). If Merchant processes Transactions beyond the Initial Term or Renewal Term, then the terms of the Agreement shall govern such Transaction processing. 4. Except as expressly modified above, the Agreement remains unaltered and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Addendum. THE CITY OF TAMARAC, FLORIDA ELAVON, INC. By: By: Name: Name: PRINT PRINT Title: Title: Date: ("Addendum Effective Date") Elavan 0 4 GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 EXHIBIT A GOVERNMENT UBLIC INSTITUTION SERVICE FEE ENROLLMENT pate: Pricing Quote ff: ❑ New Location Rep Name: Rep Phone if: ❑ Add/Update Service Existing MID: Chain H: DBA Name: DBA Phone 0: Contact Name (first & last): DBA Fax ff: DBA Address: City, State, Zip: Contact Name (First and Last): Training Phone f{ (if different): Goods or Services Sold: Federal Tax IA: Processing Options: Government/Public Institution Service Fee Funding Model turn n bli ti i rv' Fe s GPISF assessm4n�: © Elavon-managed ❑ Me1chant-managed2 o rvi e Fee krvices Programs 1 but only if Mporebant clEQts QNSF assessment): ❑ MasterCard Convenience Fee Program for Education and Government Merchants 13 Visa Tax Payment Program Covvmmcnt/Public Institution Service Fee Pricing (aoolicable only if Mfrch rant eltZcta QPISF assessment): Card Service Fee % Visa Consumer Debit (tax only): $ ACH (via Electronic Check Services): $ Minimum Annual Fees (if applicable); $ P men ransaction T s for GPISP ss u n all en nsacl n r h I u nl if Merchant e e Fassessment):. ❑ Credit — (check all that apply): ❑ Visa ❑ MasterCard a Discover (available if Elavon-acquired) ❑ Signature Debit _ (check all that apply): 0 Visa ❑ MasterCard ❑ Discover (available if Elavon-acquired) ❑ PIN -Based Debit ❑ ACH (via Electronic Check Services) Elavon Pr da t Su2ppyling GPISF Assessment to be Used by Merehant(check all that onlyl: ❑ Enterprise Billing Solutions (Additional Addendum required if checked) ❑ Service Fee Terminal (VeriFone vx570) ❑ Limited Acceptance (Visa, MasterCard, and Discover credit cards only) ❑ MasterCard and Discover credit cards and signature debit cards ❑ Merchant Proprietary Solution or Valuc-Added Servicer ❑ Other By signing below. Merchant warrants the truthfulness and accuracy of the information provided, agrees to pay the fees set forth herein and agrees to abide by the Terms & Conditions for Assessment of Govemment(Public Institution Service Fees. Signature Name & Title Date 0 11 Elavon-managed" means that Elavon establishes the amount of the Government/Public Institution Service Fee charged and retains the overnmentfPublic Institution Service Fee in lieu of Merchant's obligation to pay Elavon the per transaction fees as set forth in the Agreement. 2, "Merchant -managed" means that Merchant establishes the amount of the Government/Public Institution Service Fee charged and retains the Government/Public Institution Service Fee. Merchant pays Elavon the per transaction fees as set forth in the Agreement for all such Transactions. and rnctiintinnc Fnrnllm—t Elav�n GOVERNMENT ENTITIES AND INSTFrUTIONS ADDENDUM TO TOS v.09.08.10 EXHIBIT B TERMS AND CONDITIONS FOR ASSESSMENT OF GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES ASSESSMENT OF GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES. Terms and Conditions ("T&Cs") for Assessment of Government/Public Institution Service Fees. 1) APPLICABILITY OF AGREEMENT. If Merchant has requested authority to charge or to have Elavon charge a Government/Public Institution Service Fee to its Customers for Eligible Transactions, the following provisions apply to such Eligible 'transactions and the related Government/Public Institution Service Fees charged. Any other Transactions or fees, including Convenience Fees, are governed by the standard provisions set forth in the Agreement, as modified by the applicable Schedules or Addenda thereto. Merchant agrees to the following provisions, as and to the extent applicable, in addition to the terms and conditions of the Agreement. 2) RULES .OF CONSTRUCTION. These T&Cs are intended to complement and are subject to your Agreement. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement or the MOO. In the event of a conflict between these T&Cs and other terms of the Agreement or the MOO, the terms of these T&Cs shall prevail, 3) DEFINITIONS. a) Agreement eement. The Terms of Service (TOS) or the Payment Device Processing Agreement, as applicable. b) Government/Pablic Institution Service Fee. The fee charged by Elavon or Merchant, at Merchant's election, to Customers conducting Eligible Transactions (as described herein, as applicable) at Merchants operating in certain designated merchant category codes ("MCCs"). For the avoidance of doubt, fees referred to as a "service fee" or "convenience fee" (in the context of the MCCs described herein) as used in the applicable rules of the Credit Card Associations, where the fee is processed as a separate Transaction from the underlying purchase or payment Transaction, are included within the definition of, and are referred to herein, as a "Government/Public Institution Service Fee." 4) GOVERNMENT/PUBLIC INSTITUTION SERVICE FEE SERVICES. a) ov rnment/Public Institution Service Fee Services. At Merchant's election, Merchant may choose to charge a Government/Public Institution Service Fee (a Merchant - managed Government/Public Institution Service Fee) or to have Elavon charge a Government/Public Institution Service Fee (an Elavon-managed Government/Public Institution Service Fee) to its Customers for Eligible Transactions, in each case provided that Merchant is in compliance with the Payment Network Regulations and Laws, including the Electronic Fund Transfer Act and Regulation E. If Merchant elects an Elavon-managed Government/Public Institution Service Fee, Merchant agrees that any Government/Public Institution Service Fee collected in connection with an Eligible Transaction will be retained by Elavon and Member and that such amount constitutes Elavon's and Member's property, and Merchant has no right, title or interest in such amounts. Further, if Merchant elects an Elavon-managed Government/Public Institution Service Fee, Merchant agrees that Elavon may adjust the Government/Public Institution Service Fee amount from time to time as necessary or appropriate to accommodate changes in Payment Network fees (including Interchange fees), material changes in average ticket size and/or monthly Transaction volume, Interchange classification or downgrades, changes in Chargeback rates, or changes in Payment Devices accepted and/or payment channels offered by Merchant. Additionally, Elavon may immediately terminate the Processing Services for Government/Public Institution Service Fees if Merchant's Chargeback rates materially exceed industry averages. If Merchant elects a Merchant -managed .Govemment/Public Institution Service Fee, Merchant will receive and retain the Government/Public Institution Service Fee collected in connection with Eligible Transactions and will pay regular per transaction fees to Elavon and Member for the Processing Services provided by Elavon and Member with respect to such Transactions. Merchant agrees that the minimum annual Transaction fees (which includes any Elavon-retained Government/Public Institution Service Fees) paid to Elavon and Member for Transactions processed under this Addendum shall be at least equal to the "Minimum Annual Fees" amount identified on Exhibit A hereto. For any partial period of less than a full year during the term of this Addendum, the actual amount of fees paid by Merchant to Elavon for Transactions processed under this Addendum shall be annualized to determine if Merchant has satisfied this obligation. At the end of each year (the first of which shall begin on the Addendum Effective Date and each successive year of which shall begin immediately upon the conclusion of the preceding year), Elavon may notify Merchant if the actual Transaction fees paid by Merchant in respect of this Addendum is less than the Minimum Annual Fees amount. In the event that Merchant's actual Transaction processing fees under this Addendum for any such period are less than the Minimum Annual Fees, Merchant shall promptly pay Elavon and Member the difference. b) Conflict- of To the extent Merchant's state or other governing body has passed legislation that requires assessment of Government/Public Institution Service Fees by government agencies as a component of card acceptance, such laws may conflict with Payment Network Regulations. Merchant bears all responsibility and liability associated therewith, including all assessments, fees, fines and penalties levied by the Payment Networks. 5) REQUIREMENTS FOR GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES. Elavon may update or • • C7 Terms and Conditions for Assessment of Government/Public Institution Service Fees • • ElaN-An GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 revise the provisions of this Section 5 upon written notice to Merchant. a) Merchants Accepting Visa Cards forEligible Transactions. The following requirements apply to Merchants accepting Visa Credit Cards and/or Visa signature Debit Cards that desire to charge or to have Elavon charge a Government/Public Institution Service Fee on certain Transactions. If Merchant also accepts and wishes to charge or to have Elavon charge a Government/Public Institution Service Fee on certain Transactions paid by MasterCard and/or Discover Network cards, the requirements of this .Section (5)(a) also apply to Merchant in connection with the assessment of Government/Public Institution Service Fees on Transactions involving those Payment Devices. i) Eligible Merchants. Merchants operating in MCC 9311 (Taxes) are eligible to charge or to have Elavon charge a Government/Public Institution Service Fee to Customers in connection with Eligible Transactions listed in Section (5)(a)(ii) below. ii) Eligible Transactions. Eligible Merchants may charge or have Elavon charge a Government/Public Institution Service Fee only in connection with the following "Eligible Transactions": 1) Federal personal income taxes; 2) State personal income taxes; 3) Real estate and other property taxes; 4) Federal business income taxes; 5) State business income taxes; 6) Federal payroll/unemployment taxes; 7) State payroll/unemployment taxes; or 8) Sales and use taxes. iii) Transaction Requirements. The following requirements apply to Eligible Transactions under this Section (5)(a). 1) Merchant must provide Elavon with the necessary documentation to facilitate Elavon's registration of Merchant in the "Visa Tax Payment Program," the "MasterCard Convenience Fee for Eligible Government and Education Payments" program and/or the convenience fee program of Discover Network, in each case to the extent applicable and required. 2) The Government/Public Institution Service Fee must be disclosed to the Cardholder prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not wish to pay the Government(Public Institution Service Fee. 3) The Government/Public Institution Service Fee must apply in the same amount regardless of the Credit Card type or signature Debit Card type (with the exception of Visa Consumer Signature Debit) accepted for payment of a given Eligible Transaction within a particular payment channel. This requirement does not apply to payments made by ACH, cash, check or PIN -based Debit Card. 4) The Government/Public Institution Service Fee must not be advertised or otherwise communicated as an offset to the merchant discount rate. 5) The Government/Public Institution Service Fee cannot be charged for recurring payments. The Government/Public Institution Service Fee is designed for one-time payments, not for payments in which a Cardholder authorizes recurring charges or debits. 6) Merchant must accept Visa as a means of payment in all channels (i.e., face-to-face, mail/telephone, and Internet environments, as applicable). 7) Merchant must feature the opportunity to pay with Visa at least as prominently as all other payment methods. b) Merchants Not Acce tin Visa Cards for Eligible Transactions. The following requirements apply to Merchants accepting Credit Cards and/or signature Debit Cards other than Visa (i.e., Merchants accepting MasterCard cards and/or Discover Network cards but not accepting Visa cards) that desire to charge or to have Elavon charge Government/Public Institution Service Fees on Eligible Transactions. i) Eligible Merchants. Merchants operating in MCCs 8211 (Elementary Schools), 8220 (Colleges/Universities), 9211 (Courts), 9222 (Fines), 9311 (Taxes) and 9399 (Miscellaneous Government Services) are eligible to charge or to have Elavon charge a Govemment/Public Institution Service Fee to Customers in connection with Eligible Transactions listed in Section (5)(b)(ii) below. ii) Eligible Transactions. Eligible Merchants may charge or have Elavon charge a Government/Public Institution Service Fee only in connection with the following "Eligible Transactions": 1) Payments to elementary and secondary schools for tuition and related fees, and school -maintained room and board; 2) Payments to colleges, universities, professional schools and junior colleges for tuition and related fees, and school - maintained room and board; 3) Payments to federal courts of law that administer and process court fees, alimony and child support payments; 4) Payments to government entities that administer and process local, state and federal fines; 5) Payments to local, state and federal entities that engage in financial administration and taxation; or 6) Payments to Merchants that provide general support services for the government. iii) Transaction Requirements. The following requirements apply to Eligible Transactions under this Section (5)(b). 1) Merchant must provide Elavon with the necessary documentation to facilitate Elavon's registration of Merchant in the "MasterCard Convenience Fee for Eligible Government and Education Payments" program and/or the convenience fee program of Discover Network, in each case to the extent applicable and required. 2) The Government/Public Institution Service Fee must be disclosed to the Cardholder prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not wish to pay the Government/Public Institution Service Fee, 3) The Govemment/Public Institution Service Fee must apply in the same amount regardless of the Credit Card or signature Debit Card type accepted for payment of a given Eligible "Transaction within a particular payment channel. Terms and Conditions for Assessment of Government/Public Institution Service Fees Elan GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 This requirement does not apply to payments made by ACH, cash, check or PIN -based Debit Card. 4) The Government/Public Institution Service Fee must not be advertised or otherwise communicated as an offset to the merchant discount rate. c) Additional Requirements for Merchants Utilizing Proprietary Solutions or Value Added Servicers. i) POS Devices. Merchant is responsible for ensuring that its software, POS Devices and card acceptance procedures fully comply with Elavon's instructions, including with respect to programming of software and POS Devices to handle Eligible Transactions to ensure proper assessment of Government/Public Institution Service Fees. If the Government/Public Institution Service Fee is Elavon- managed, Merchant is further responsible for complying with all requirements as provided by Elavon from time to time to appropriately process the Eligible Transactions. to qualify for optimal Interchange rates within five (5) days of Elavon's communication to Merchant of the same. If Merchant fails to make changes to its POS Devices or card acceptance procedures requested by Elavon within five (5) days of the request, Elavon may, in its discretion, discontinue the program or suspend a certain payment type. Further, if Merchant fails to make such changes and the Government/Public Institution Service Fee is Elavon- managed, Elavon may adjust the Govemment/Public Institution Service Fee amount, bill the Merchant for charges in excess of the Government/Public Institution Service Fee to recover losses related to Transactions that did not qualify for optimal Interchange rates or for applicable Credit Card Associations' reimbursement programs, including, but not limited to, losses related to Merchant's failure to distinguish between pricing of Visa signature Debit Cards and all other card types for transactions processed within the Visa Tax Payment Program. ii) Approval Required to Charge or Adjust Government/Public Institution Service Fee. Merchant may not charge or adjust Government/Public Institution Service Fees unless Merchant has disclosed such fees to Elavon previously in writing and Merchant has been approved by Elavon to charge or adjust such Government/Public Institution Service Fees. If Merchant charges or adjusts a Government/Public Institution Service Fee without having disclosed such fee or adjustment previously in writing and obtained Elavon's consent, Merchant will be in breach of the Agreement and Elavon may immediately terminate the Agreement in addition to pursuing any other remedies available under the Agreement, Laws and Payment Network Regulations. iii) Value Added Servicer. Merchants accepting Visa cards for Eligible Transactions who utilize proprietary solutions or Value Added Servicers to manage a Government/Public Institution Service Fee must comply with Attachment 1, attached hereto. G) ADDITIONAL PROCESSING REQUIREMENTS, If Merchant voids an underlying Eligible Transaction, the associated Government/Public Institution Service Fee must be voided as well. If Merchant processes a refund for an underlying Eligible Transaction, Merchant must disclose to Customers that Government/Public Institution Service Fees are non-refundable. Merchants that desire to charge or to have Elavon charge Govemment/Public Institution Service Fees will be assigned separate MIDs for use in connection with Eligible Transactions and related Government/Public Institution Service Fees. MIDs assigned for use with Eligible Transactions and/or Government/Public Institution Service Fees may not be used to process Transactions that are not Eligible Transactions, 7) PAYMENT AND TRANSACTION TYPES SUPPORTED. Government/Public Institution Service Fee capability for Credit Cards and/or signature Debit Cards depends on the Merchant's MCC, as described above, and the Payment Network Regulations of the applicable Credit Card Association. Govemment/Public Institution Service Fee capability is supported only through Elavon products specified on Exhibit A hereto. Not all payment and transaction types are supported for all products. Additionally, Merchant proprietary software, POS Devices, or Value Added Servicers may be certified to process Elavon-managed Govemment/Public Institution Service Fee Transactions. Closed .network prepaid cards, electronic benefits transfer, and dynamic currency conversion are not supported for Govemment/Public Institution Service Fee processing. • • Terms and Conditions for Assessment of Govemment/Public Institution Service Fees • • Ell V n GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 ATTACHMENT 1 to T&Cs GOVERNMENT/PUBLIC INSTITUT ON SERVICE FEE PROCESSING RE UIREMENTS FOR MERCHANTS USING PROPRIETARY SOLUTIONS OR A VALUE ADDED SERVICER I. Underlying Eligible Transactions The following data must be inserted in the listed fields when creating the authorization and clearing requests for the uriderlying Eligible Transaction (the tax liability payment), FIELD NAME VALUE Merchant Category Code 9311 —Tax Payments Merchant Name The following lists the format and information for each type of tax collected for this field: ■ Federal tax payments, you must use "US Treasury Tax Payment" ■ State Income Tax: NN — State Income Tax, where NN represents the state, for example, CA — State Income Tax ■ For all other taxes: Taxing Authority — Tax Type, for example: ✓ Sales Tax: NN Franchise Tax Board — Sales Tax ✓ Business Income Tax: NN Franchise Tax Board — Business Income ✓ Property Tax: NN Funds &Pa —Real Estate Merchant City Merchant customer service phone number. Merchant State Merchant state two letter acronym (NN), for example, CA; (not the state of the provider). ECI Indicator ■ Use 1 or 4 for phone -initiated (MOTO) payments. ■ Use 5, 6, 7, 8 or 9 for Internet -initiated payments. Merchant Verification Value This value is used for large federal tax payment requests only. If appropriate, Visa will assign and notify you of your unique MVV value. Local Tax In the Sales Draft Record (TC05), Transaction Record 6 (TCR6), positions 5-16 ("Local Tax"), insert the value of "0" = "OW tax rate. Local Tax Included In the TC05, TCR6, position 17 ("Local Tax Included"), insert a value of "T' Transaction is not subject to tax. 1. Government/Public Institution Service Fee Transactions e following data must be inserted in the listed fields when creating the authorization and clearing requests for the overnment/Public Institution Service Fee, Finn NAME VALUE Merchant Category Code 9311 —Tax. Pa ments Merchant Name The following lists the format and information for each type of tax collected: ■ Federal tax payments, you must use "US Treasury Tax Payment Service Fee" ■ State Income Tax: NN — State Income Tax Service Fee, for example, CA — State Income Tax Service Fee ■ For all other taxes: Taxing Authority — Tax Type Service Fee, for example: ✓ Sales Tax: NN Franchise Tax Board — Sales Tax Service Fee ✓ Business Income Tax: NN Franchise Tax Board — Business Income Service Fee ✓ Pro ert Tax: NN Funds E-Pa — Real Estate Service Fee Merchant City Merchant service hone number. Merchant State Merchant state two letter acronym (NN), for example, CA; (not the state of the provider). ECI Indicator * Use I or 4 for phone -initiated (MOTO) payments. ■ Use 5, 6, 7, 8 or 9 for Internet -initiated payments, Local Tax In the Sales Draft Record (TC05), Transaction Record 6 (TCR6), positions 5-16 ("Local Tax"), insert the value of "0" _ "0%" tax rate. Local Tax Included In the TC05, TCR6, position 17 ("Local Tax Included"), insert a value of "T' = Transaction is not subject to tax. Elavon Government/Public Institution Service Fee Requirements for Merchants using proprietary software or a W.L.- Aaaaa Co ;. ❑ New Location ® Additional Location Existing MID: 8014897105 Chain #: New Location 1 of 1 New Merchant Application — Government ! Institutional DBA Name: CITY TAMARAC UTILITY INT DBA Phone #: (954)597-3553 Ext. �' c Contact Name: CHRISTINE CAJUSTE DBA Fax #; (954)597-3560 DBA Address 1 into PO 4cx). 7525 NW 88TH AVE Customer Service Phone #: DBA Address 2: Email Address: christine.cajuste@TAMARAC.ORG City: TAMARAC State: FL Zip Code: 33321 Year Established: Previous Processor; Legal/Corporate Name: CITY OF TAMARAC Legal/Corporate Phone #: (954)597-3550 Ext. Legal/Corporate Contact Name: MARK MASON Legal/Corporate Fax #: (954)597.3560 Legal/Corporate Address: 7525 NW 88TH AVE t) City: TAMARAC State: FL Zip Code: 33321 ❑ Officer ❑ Manager ®Authorized Representative ❑ Other Title 0 4 °pk' First Name: CHRISTINE ML Last Name: CAJUSTE Contact Address: 7525 NW 88th Ave Contact Phone #: (954)597-3553 �a L) City: TAMARAC State; FL Zip Code: 33321 Email Address: christine.cajuste@tamarac.org Average Sale Amount: $100 Description of product or services offered: UTILITY PAYMENTS Total Monthly Visa/MC/DISC Sales: $ 300,000 MCC: 4900 "0 o .. Card Present (swiped) % For Card Present Transactions, when does the customer receive the product or service? Card Present (not swiped) % ❑ Same Day ❑ If not same day, # of Days (include shipping time frame) Mail Order % For Card Not Present Transactions, when does the customer receive the product or service? C Telephone Order % ® Same Day ❑ if not same day, # of Days (include shipping time frame) Internet "o % For Internet Transactions: µ Total — 100% List the product web site: httP:Rwww.tamarac.org/ "Contact Us" email address: &I9tine.cgjpskftMlpc,.orS S Do you operate seasonally: ❑ Yes ® No If yes, please check months closed: ❑ January ❑ February ❑ March ❑ April ❑ May ❑ June ❑ July ❑ August ❑ September ❑ October ❑ November ❑ December t,(Checking Accounts only) Deposit Bank Name: TD BANK ABA/Routing #: 067014822 DDA Account #: 6860820080 m c� �[ Billing Bank Name In cviuenq; ABA/Routing #: DDA Account #: • 1 :4 w_1T103 I 106P1111 Kill I m M p, V Q wish to accept. Please check each card you ed will resutl In discount downgrades. Note: acceptance of card types not select ® All Visa/MasterCard/Discover Cards (JCe, DI, CUP) ❑ Visa Credit ❑ Visa Debit ❑ MasterCard Credit El MasterCard Debit . ❑ Discover (JCe, DI.CUPi pl C ❑ Retail ❑ Lodging Pa at Pump S ❑ y ❑ Restaurant ❑ Supermarket ®MO/TO /Internet ❑ARU -�- a ❑ TIERED Rate Per Item Qualified % $ Mid-Qual % $ Nan-Qual % $ Other Authorizations: Per Auth u- Ono Time Fee T e: Visa $0.07 Application Fee $0 MasterCard $0.07 Installation/Training $0 Discover $0.07 . Wireless Set -Up Fee $ Opt. ❑ Check Card ❑ Sprmkt ❑ QPS/Small Tkt % $ Opt. Rewards Tier % $ Opt. Commercial Card Tier % $ WEX $ Rush Shipment $ Other: $ Other: $ Other: $ Morwthly Fee Type* Other: $ Support Fee $5 ❑ INT Differential Plus VISA - Qual % $ MasterCard — Qual % $ Discover — Qual % $ Non-Qual % $ Voice Authorizations: Statement Fee $0 ARU _ � $0.15 ® Electronic Statement Clor Paper Statement Operator Assisted $0.90 AVS $0.90 Statement Mailing Fee For oper statements on $5 Bank Referral $4.00 Minimum Discount $35 ® INT PLUS 0.12 % $0.00 PIN Debit Per Item Other: $ Program (Required for IDP): Rate (plus network switch fee) Mw#.P6*y-S1AufhPw'nrAssoc $ Other: $ —Pricing Above Rates are for all Card Acceptance types selected Per Occurrence Fee Type: Per Auth Chargeback Fee $15 INT Plus/Assoc Mont. pricing-IMIPlAuth piing -Assoc $ Return Item (NSF) Fee $20 Other: $ Other. $ VAR Service Provider Hosted): Sun and HTE Gateway o tional : SUnGard / Click 2 G Aggregator: VAR Vendor (Distributed): VAR Product: VAR Version: Purchase or Lease Purchase Lease' Softwsre/Mreless oty POS Description Item Code Price per Unit Term Monthly Monthly Rate per Unit Mon. Fee per Unit Per Auth Fee $ $ $ $ $ $ $ $ Ul co $ $ $ $ Merchant Owns SoftwaraWreless y ON POS Description Item Code Reprogram Fee at Unit Pin Pad Encryption Mon. Fee per Unit Per Auth Fee rx° CL 1 VAR - SunGard Click2Gov VAR $ ❑ $ $ Cr $ ❑ $ $ L, $ ❑ $ $ SDecial Prorams Oty POS Description Item Code Price Rer Unit E ui ment Back from Merchant $ Used "Please note that all leases MUST complete the LADCO Lease Agreement. All applicable state and local taxes will be applied, ® Tax Exempt 11 ELAVONGOV 042011 SE # Auth American Express: Fee ❑ ESA ❑ One Point CAP # Amex (10 digits) $ Monthly Volume: $ y EBT (7 digits) $ F ❑ Amex Rate % $ Other: $ GNP Downgrade ...... 0.30 % $. Other: $ El Flat Fee Option (ESA only): $ 735 Other: $ +� ❑ Debit — Includes INLK (Intenink), MSTO (Maestro), ACCL (Aocell), AFFN, ALAS (Alaska), CU24, ITS (Shazam), NETS, NYCE, PULSE and STAR ❑ Sill Payment Portal A ❑ Pinless Debit ❑ Dynamic Currency Conversion (DCC) — Rebate: 0.75% DCC Annual Registration Fee: 2 AO' c [] Money Manager Vendor: Vor © Multi Currency 2 ElWorking Capital Vendor: a ❑ MCP # Users Monthly Fee $ Set Up Type (check one) ❑ MID ❑ CHN © ENT Set Up Fee $ gE) MCP with OCM # Users Monthly Fee $ Set Up Type (check one) ❑ MID p CHN ❑ ENT Set Up Fee $ ❑ ACS Remote ID Set Up Fee $ Monthl Fee $ Processing Options: ❑ POP (POS Image) ❑ ARC (POS Image) ❑ BOC (❑ POS Image or ❑ Cash Office Image) 1. ANNUAL Check volume: $ 2, Average check amount: $ 3. Maximum check amount: $ 2 ECS Monthly Minimum: $ Please check box for each additional service option d . ❑ Conversion with Guarantee Gt. �Processing ❑ NSF Service Fee Proc @ $2.00 per NSF item. m Guarantee Rate: % Per Transaction: $ c Not applicable for POP Guarantee and all ARC 0. products U❑ Conversion with Verification ❑ collections O ❑ EnQuire Reporting Access: tJ l Per Transaction: $ Per Return Transaction: $ # users: ® $29.96 each per month ❑ Conversion Only ❑ Collections ❑ Turn off return memo advices Per Transaction: $ Per Return Transaction: $ Card style Card Quantity Price ❑ Basic $ � ❑Monthly Pricing: $ per month $ (Includes transactions per location annually. Additional transaction billed $0.29 per 0 Standard $ transaction) OR W Custom ❑ Transaction Pricing: $ per transaction and $ per month. Max Card Value $ Default $500 Card Carriers (enter total cards) # of Style El Service Fees (Cardholder charged on unused balances) U 0 t�7;11 # of Style $ x Custom Cards are required Transaction $0.12 Fee Merchant charged per U # of Style Apply same to all states? ® Y ❑ N (if no, complete for each state) (Multiples of 100 only) Fee Amount: $ Monthly Online Admin # Users $ Applied: ❑ Monthly ❑ Quarterly ❑ Annually ❑ Graphic Design Service $ V Beginning: _ Months after last Transaction date (cannot be less than 12 mos) tD ❑ Custom Card Upgrade $ Lock Balances After: Months of non-use (default 72 months, cannot be W Q El Misc Fee - $ less than 60 months) ❑ Misc Fee - $ tl ❑ Elavon VAR Manufacturer: VAR Software: ❑ Givex Version: Card Style: _.. ..._ A Text Color: Justification: ❑ Left ❑ Center ❑ Right ❑ As submitted c � Imprint: O Logo (To avoid delay, please submit artwork to: EGCArtwark&Elavon.corrl) p [J Text (Imprinting details MUST be entered below) ♦ Font (select ONE): ❑ Arial ❑ ❑ Times New Raman ♦Text Case select pNE : ❑ Title Case UP ER CASE ❑ lower case ❑ As submitted m 4) r, to ELAVONGOV 042011 Merchant Application — Government / Institutional erg Type: ® Government ❑ Non -Profit Charitable or Social (include documents that support Tax Exempt Status) Ej Other Name*: CITY OF TAMARAC "Name of buSinesV as shown on yourbusiness Income tax returns. A LL Address: 7525 NW BOTH AVE 0 TIN (Employer Identification #): 59-1039552 City: TAMARAC State: FL Zip Code: 33321 r TIN (Social Security #): Merchant Representations and Cerloications. By signing below, the applicant merchant ('Merchant') and its representative(s) represent and warrant to Elavon, Inc. ('Elavon' or 'member' as applicable), with offices at 7300 Chapman Highway, Knoxville, TN 37920 (collectively.'we' or'us") that (i) all information provided in this merchant application ("Merchant Application) is true and complete and property reflects the business, financial condition, and principal partners, owners, or officers of Merchant; and (i) the persons signing this Merchant Application are duly authorized to bind Merchant to all provisions of this Merchant Application and the Agreement. The signature by an authorized representative of Merchant on the Merchant Application, or the transmission of a Transaction Receipt or other evidence of a Transaction to us, shall be the Merchant's acceptance of and agreement to the terms and conditions contained in the Agreement including, without limitation, this Merchant Application, the Terms of Service ("TOS') and the Merchant Operating Guide ('MOG') incorporated herein by this reference and located at our wobsae at https•JAvww.merchantcomect.cam/CWRWeb/pdf/TOS_ENG.pdf and https:lAvww.merchantconnect.com/CWRWebtpdr/MOG EngLpoY, respectively. If Merchant does rot have access to view the TO$ or MOG at our website please contact our customer service center. Notwithstanding any such non -receipt of the TOS or MOG, Merchant agrees to comply with the Agreement, and all applicable laws, rules, and regulations including the rules and regulations of the Payment Networks, and understands that failure to comply will result in termination of processing services. Capitalized terms shall, unless otherwise defined In this Merchant Application, have the same meaning ascribed to them in the TOS and MOO. Merchant must obtain an Authorization Code via electronic terminal or similar device before completing any transaction. Merchant understands that an AUTHORIZATION CODE IS NOT A D GUARANTEE OF ACCEPTANCE OR PAYMENT OF A TRANSACTION, RECEIPT OF AN AUTHORIZATION CODE DOES NOT MEAN THAT MERCHANT WILL NOT RECEIVE A �. CHARGEBACK FOR THAT TRANSACTION. Merchant and its representative(s) authorize us prior to our acceptance of this Merchant Application and from time to time thereafter, to investigate the business history and background of iEMerchant and to obtain credit reports or other background investigation reports on Merchant that we consider necessary to review the acceptance and continuation of this Merchant Application. 0 Merchant also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to us. 0 IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, Federal law Crequires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. This means we will ask for certain information and identifying documents df to allow us to identify you. C This Merchant Application may be signed in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Merchant 0 Application. Delivery of executed counterparts of this Merchant Application may be accomplished by a facsimile transmission, and a signed facsimile or copy of this Merchant Application shall Iconstitute a signed original. All merchants must comply with the requirements of the Payment Card Industry Data Security Standards ("PCI DSS'). Elavon requires Level 4 merchants (determined based on transaction volume) to validate PCI D$S compliance on an annual basis, with initial validation to occur no later than ninety (90) days after account approval. Merchant will be charged either the Annual PCI Fee or the Annual Administration Fee described below. Annual PCI Fee of up to 5175 per merchant account number, based on connectivity, number of merchant locations and then -current cast to Elavon of the services, will be charged to merchants ar that use the services of the qualified third party assessor with whom Eleven has partnered. Elavon will waive this fee for six months after the date of account approval, charging the fee annually in �., subsequent years. Annual Administration Fee of $35 will be charged to merchants that use the services of another qualified assessor and attest to PCI DSS validation on the website desolated by C Elavon. Any merchant that has not validated PCI DSS compliance within ninety (90) days of account approval, or in subsequent years on or before the anniversary date of account approval, will be charged a monthly non-complienco fee of $29,95 until Elavon is provided with validation of compliance. Merchant may be eligible for Data Breach Coverage following account approval and PCI DSS compliance validation. See the PCI Compliance Program Overview for coverage details and conditions. 0) Arrencert Express Acceptance Agreement By signing below, I represent that I have read and am authorized to sign and submit this application for the above entity which agrees to be bound by the American Express* Card Acceptance Agreement (`AXP Agreement"), and that all information provided herein is true, complete, and accurate. I authorize Elavon and American Express Travel Related Services Company, Inc. ("AXP") and AXP's agents and Affiliates, as defined in the AXP Agreement, to verify the information in this application and receive and exchange information about me personally, including by requesting repots from consumer reporting agencies, and disclosing such information to their agent, subcontractors, Affiliates and other parties for any purpose permitted by law. I authorize and direct Elavon, AXP, AXP agents and Affiliates to inform me directly, or through the entity above, of reports about me that they have requested from consumer reporting agencies. Such information will include the name and address of the agency furnishing the report. I also authorize AXP to use the reports from consumer reporting agencies for marketing and administrative purposes. 1 understand that upon AXP's approval of the application, the entity will be sent a copy of the AXP Agreement and materials welcoming R. either to AXP's program for Elavon to perform services for AXP or AXP's standard Card acceptance program which has different servicing terms (e.g. different speeds of pay). I understand that t the entity does not qualify for the Elavon servicing program, that the entity, maybe enrolled in American Express's standard Card acceptance program, and the entity may terminate the AXP Agreement. By accepting the American Express Card for the purchase of goods and/or services, or otherwise indicating its intention to be bound, the entity agrees to be bound by the AXP Agreement. Signature: X Printed Name: Title: Date: Signature: X Printed Name: I Title: Date: To the best of my knowledge, I certify that the kit all provided in this Merchant Application was provided by the Merchant and Is true, complete and accurate. I further certify that the signatures were provided by the Merchant's o er(s) or appropriate. EEm 0Sales Rep Signat inted Name: Jeremy G. Krahi Rep ID #: 19090 Date: 9113/2011 T"I" 0 a Accepted by Elavon, I ._.' Date; � Accepted by Mem r: Date: • 1e4A_\YL91014eP11111I►LI11i`I What Happens Next? Thank you for choosing us as your payment processor. We look forward to providing you with the best customer service in the industry. Below are the steps that will be taken to get you up and running quickly. Application and Credit Underwriting Your application will be sent to our Operations center for processing. It will be checked for completeness and accuracy. Our credit underwriting specialists will review the information provided, perform the necessary analysis, and approve or decline the application. We will contact you within 24-72 hours if we need you to provide additional information. 2. Deployment Once your application is approved and entered into our systems, our deployment team will prepare any equipment or software for shipment. You should receive your package within two -five days, depending on the method of shipping selected. Look inside the box for your Getting Started Kit — it contains a packing list, your Merchant Identification Number (MID), support materials, and information about training and service. 3. Training Once you receive your package, please call the training at 866-451-4007 to speak with one of our representatives. If we don't hear from you, we will contact you to schedule a session. The session will cover information about credit card processing, how to set up use your processing terminal or software solution, and where to find helpful information. 4. PCI Compliance Validation Process Complete your Payment Card Industry Data Security Standard (PCI DSS) validation. Visit our PCI website, http:////pci.elavgp.ggm, for education and tips on protecting cardholder data. You can also connect with our Visa® and MasterCard® accredited Qualified Security Assessor (QSA) and Approved Scanning Vendor (ASV). You must provide a certificate of compliance validation within ninety days (90) of account approval to avoid a monthly non-compliance fee. 5. Communications You will receive an email from Elavon that contains helpful information about processing with us, as well as a quick link to MerchantConnect, our free online support tool. You will also receive a survey that will ask you to score us on a number of factors. We value your feedback, and ask that you kindly take two minutes to rate the sales process, training process, and overall level of service. We will periodically send you information to keep you informed about things that impact your business. 6. Service Help is always just a phone call away — we operate a 24/7 call center. Call 800-725-1243 to talk with a representative. For free online access to your account, go to hits;//www.merchantconnect.com, You can view your statement, display recent deposits, view chargeback and retrieval requests, access customer support, and much more. Thank you for your business. We look forward to providing you the very best in service. 0 fW T1161►1061TI111011`I Elan GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 • GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM PROCESSING SERVICES FOR GOVERNMENT ENTITIES AND INSTITUTIONS. Merchant elects and agrees to accept the Payment Device Processing Services for government entities and institutions, as such services are further described in this Addendum and the Exhibits hereto, and subject to the terms and conditions of the applicable provisions of the Agreement. Except as expressly modified pursuant to this Addendum, all terms and conditions of the Agreement remain in full force and effect and shall govern the relationship among the parties to this Addendum. Capitalized terms used and not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement (including the Terms of Service) or in the Merchant Operating Guide ("MOG"), which are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Government Entities and Institutions Addendum to the Agreement. MERCHANT By: Name: Title: ELAVON, INC. By: Name: Title: Date: MEMBER • By: C� Title: (Addendum "Effective Date") Government and Institutions Addendum Eld n V GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 Section A — General Provisions Applicable to All Merchants under this Addendum 1) The following provisions hereby replace the like -numbered provisions of the Terms of Service ("TOS") or are hereby inserted or deleted from the TOS, as indicated, for Merchants operating under this Addendum. a) Section (A)(4)(d) Chargebacks is revised to read as follows: I'd. Chargebacks. Merchant agrees to accept for Chargeback, and will be liable to Elavon and Member in the amount of any Transaction for which the Customer or Issuer disputes the validity of the Transaction for any reason under the Payment Network Regulations. Merchant authorizes Elavon and Member to offset from funds due Merchant for Transaction activity or to debit the DDA or the Reserve Account for the amount of all Chargebacks including, as applicable, any currency fluctuations. Merchant will fully cooperate with Elavon and Member in complying with the Payment Network Regulations regarding all Chargebacks." b) Section (A)(5)(d) Indemnity is deleted. c) Section (A)(6)(a)(i) Security Agreement is deleted. d) Section (A)(6)(a)(ii) Perfection is deleted. e) Section (A)(8)(a) Accuracy of Information is revised to read as follows: "a. Accuracy of Information. Merchant represents and warrants to Member and Elavon that all information provided to Elavon in the Merchant Application, in the bid process if applicable, or otherwise in the Agreement is correct and complete. Merchant must promptly notify Elavon in writing of any material changes to such information, including, without limitation, any additional location or new facility at which Merchant desires to use the Processing Services provided under this Addendum, the form of entity, change in control, material changes to the type of goods and services provided and/or payments accepted, and how Transactions are completed (e.g., by telephone, mail, electronic commerce, or in person at Merchant's place of business). The notice must be received by Elavon at least ten (10) business days prior to the change. Merchant will promptly provide any additional information reasonably requested by Elavon. Merchant will be responsible for all losses and expenses incurred by Elavon or Member arising out of Merchant's failure to provide proper notice or requested information for any such change, and will not make any claims against Elavon or Member for any losses sustained by Merchant as a result of such failure. Elavon may immediately terminate the Agreement upon a material change to the information in the Merchant Application if such change is not approved by Elavon. Elavon has the right to rely upon written instructions submitted by Merchant to request changes to Merchant's business information. Merchant may request written confirmation of Elavon's consent to the changes to the Merchant's business information." f) Section (A)(8)(b) Indemnification is deleted and replaced with the following two sections: "i. Merchant Responsibilities. As between Merchant, Elavon and Member, Merchant will be responsible for, and at its own expense, defend itself against any suits, claims, losses, demands or damages arising out of or in connection with (A) any dispute with a Customer, Cardholder or any third party relating to any Transaction, (B) any action taken by Elavon or Member with respect to the DDA or Reserve Account in accordance with the Agreement, or (C) any breach by Merchant of any obligation under this Agreement. Merchant will not make any claims against Elavon or Member for any liabilities, claims losses, costs, expenses and demands of any kind or nature, arising out of or in connection with any of the foregoing suits, claims, losses, demands or damages." "ii. Elavon Responsibilities. Elavon will be responsible for and will at its own expense defend itself against any suits, claims, losses, demands or damages arising out of (A) Elavon's breach of the Agreement, or (B) Elavon's negligence, gross negligence or willful misconduct." g) Section (A)(9)(a) Information is revised to read as follows: "a. Information. Merchant is validly existing and duly organized under the laws of the jurisdiction in which it was formed with all necessary authority, qualifications, licenses and registrations necessary to conduct its business, in all jurisdictions where Merchant conducts business, in compliance with all Laws and Payment Network Regulations." h) Section (A)(10)(a) Audit is revised to read as follows: "a. Audit. In the event that Elavon or Member reasonably suspects that they are subject to a financial or reputational risk due to Merchant's actions or omissions, Merchant authorizes Elavon and Member to perform an audit or inspection of Merchant's operations to confirm compliance with the Agreement upon reasonable advance notice and at Elavon's or Member's expense. Merchant agrees to cooperate, in good faith, with any such audit conducted by Elavon or Member. Further, Merchant acknowledges and agrees that the Payment Networks have the right to audit Merchant's business to confirm compliance with the Payment Network Regulations." i) Section (A)(10)(b)(i) Authorizations is revised to read as follows: 'T Authorizations. Merchant authorizes Elavon and Member to make, from time to time, any business credit or other inquiries they consider necessary to review the Merchant Application or continue to provide services under the Agreement. Merchant also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to Elavon." j) Section (A)(10)(b)(ii) Financial Information is revised to read as follows: Government and Institutions Addendum r� • Elav�n GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 "ii. Financial Information. Upon the request of either Elavon or Member, Merchant will provide Elavon and Member audited financial statements prepared by an independent certified public accountant selected by Merchant, or if Merchant is audited by a governmental authority, then Merchant will provide financial statements from such governmental authority. Within one hundred twenty (120) days after the end of each fiscal year (or in the case of a government entity, when available), Merchant will furnish Elavon and Member, as requested, a financial statement of profit and loss for the fiscal year and a balance sheet as of the end of the fiscal year, each audited as provided above. Merchant shall also provide Elavon and Member such interim financial statements and other information as Elavon or Member may request from time to time." k) Section (A)(13) Personal Guaranty is deleted. 1) Section (A)(14)(a) Products or Services is revised to read as follows: "a. Products or Services. Merchant may desire to use a Value Added Servicer to assist Merchant with its Transactions. Merchant shall not utilize any Value Added Servicer unless Merchant has disclosed such use to Elavon previously in writing, and unless such Value Added Servicer is fully compliant with all Laws and Payment Network Regulations, Any Value Added Servicer used by Merchant must be registered with the Payment Networks prior to the performance of any contracted services on behalf of Merchant. Further, as between the parties to this Agreement, Merchant will be bound by the acts and omissions of its Value Added Servicer and Merchant will be responsible for compliance by such Value Added Servicer with all Laws and Payment Network Regulations. Merchant will be responsible for any loss, cost, or expense incurred in connection with or by reason of Merchant's use of any Value Added Servicer. Neither Elavon nor Member is responsible for the Value Added Servicer, nor are they responsible for any Transaction until Elavon receives data for the Transaction in the format required by Elavon." m) Section (A)(15)(b)(i) Termination, Merchant, the following is added as Section (A)(15)(b)(i)(cc): "cc. The Agreement may be terminated by Merchant in the event that sufficient legislative appropriation is not available, provided that Merchant gives Elavon and Member sixty (60) days notice prior to termination." n) Section (A)(15)(c)(iii) Return to Elavon is revised to read as follows: "iii. Return to Elavon. All promotional materials, advertising displays, emblems, Transaction Receipts, Credit Transaction Receipts, and other forms supplied to Merchant and not purchased by Merchant or consumed in use will remain the property of Elavon and must be returned to Elavon or destroyed within thirty (30) days." o) Section (A)(16)(d) MATCHTM and Consortium Merchant Negative File is revised to read as follows: "d. MATCH T"i and Consortium Merchant Negative File. Merchant acknowledges that Member and/or Elavon is required to report Merchant's business name and the name of Merchant's principals to the MATCH TM listing maintained by MasterCard and access by Visa or to the Consortium Merchant Negative File maintained by Discover, if applicable, pursuant to the requirements of the Payment Network Regulations. Merchant specifically consents to Elavon's and Member's fulfillment of the obligations related to the listing of Merchant in such databases, and Merchant waives all claims and liabilities Merchant hay have as a result of such reporting." p) Section (A)(16)(e) Security Program Compliance is revised to read as follows: "e. Security Program Compliance. Merchant must comply with the requirements of the Payment Card Industry (PCI) Data Security Standard (PCI DSS) including the Cardholder Information Security Program (CISP) of Visa, the Site Data Protection Program (SDP) of MasterCard, the Data Security DISC Program and the PCI DSS regulations of Discover Network, and the security programs of any other Payment Network as to which Merchant accepts a Payment Device, as applicable, and any modifications to, or replacements of such programs that may occur from time to time (collectively, "Security Programs"), Upon request, Elavon will provide Merchant with the respective website links to obtain the current requirements of the Visa, MasterCard, and Discover Network Security Programs. All Value Added Servicers from whom Merchant procures services must comply with the requirements of those Security Programs. Merchant, and not Elavon or Member, is responsible for Merchant's own actions or inactions, those of Merchant's officers, directors, shareholders, employees and agents, including any Value Added Servicer (collectively, "Merchant's Agents"). Merchant shall be responsible for any liability, loss, cost, or expense resulting from the violation of any of the Security Program requirements by Merchant or any of Merchant's Agents." q) Section (A)(17)(a) Use of Trademarks is revised to read as follows: "a. Use of Trademarks. Merchant may use and display the Payment Networks' marks, and shall display such marks in accordance with the standards for use established by the Payment Networks. Merchant's right to use all such marks will terminated upon termination of the Agreement or upon notice by a Payment Network to discontinue such use, and Merchant must thereafter promptly return any materials displaying the marks. Merchant's use of promotional materials provided by the Payment Networks will not indicate, directly or indirectly, that such Payment Networks endorse any goods or services other than their own and Merchant may not refer to any Payment Networks in stating eligibility for Merchant's products or services." r) Section (A)(17)(c) Passwords is revised to read as follows: "c. Passwords. If Merchant receives a password from Elavon to access any of Elavon's databases or services, Merchant will: (i) keep the password confidential; (ii) not allow any other entity or person to use the password or gain access to Elavon's databases or services; (iii) be responsible for all action taken by any user of the password that Government and Institutions Addendum 3 GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 obtained access to the password from Merchant; and (iv) promptly notify Elavon if Merchant believes Elavon's databases or services or Merchant's information has been compromised by use of the password. If Merchant receives passwords from a third party for products or services related to Transaction processing, Merchant must protect such passwords in the manner required by such third party and be responsible any lasses, costs, or expenses that arise from Merchant's use or misuse of such third party passwords." s) Section (A)(18)(b) Governing Law in the United States is deleted. t) Section (A)(18)(c) Jurisdiction and Governing Law in Canada is deleted. u) Section (A)(18)(d) Exclusivity is deleted. v) Section (A)(18)(f) Assignability is revised as follows: ' f: Assignability. The Agreement may not be assigned by Merchant, directly or by operation of law, without the prior written consent of Elavon. If Merchant, nevertheless, assigns the Agreement without Elavon's consent, the Agreement will be binding on the assignee as well as Merchant. Elavon will not transfer or assign the Agreement without the prior written consent of Merchant, provided that such consent shall not be required for (i) the assignment or delegation to an affiliate of Elavon, or (ii) the assignment or delegation to any Person into or with which Elavon shall merge or consolidate, or who may acquire substantially all of Elavon's stock or assets." w) Section (A)(18)(g) Arbitration is deleted. x) Section (A)(18)(k) Attorney's Fees is deleted. y) Section (A)(18)(p) Amendments is revised as follows: 'Op. Amendments. Except as otherwise provided in the Agreement, amendments to the Agreement shall be in writing and signed by the parties. Notwithstanding the foregoing, Elavon and Member may amend or modify the Agreement, to the extent such changes are required by or attributable to changes in the Payment Network Regulations or other Laws, upon written notice to Merchant. Elavon or Member will inform Merchant of such a change in a periodic statement or other written notice, and such change will become effective not less than thirty (30) days following the issuance of the notice. Notwithstanding the previous sentence, changes to fees authorized by the Agreement will be effective upon notice to Merchant, unless a later effective date is provided." z) Section (A)(19)(d) Personal Guaranty is deleted. aa) Section (A)(20)Q) Net Lease; Taxes shall only apply if Merchant is not a tax-exempt entity as provided in Section bb) Section (A)(20)(k) Indemnity is replaced as follows: "k. Responsibilities. Lessee will be responsible for all liability, damage or loss arising out of the ownership, selection, possession, leasing, operation, control use, condition, maintenance, delivery and return of the Leased Equipment. This obligation shall continue in full force and effect notwithstanding the tennination of the lease." cc) Section (A)(20)(1) Insurance is deleted. dd) Section (A)(20)(n) Loss or Destruction Waiver is deleted. ee) Section (A)(20)(p) Remedies is replaced as follows: "p. Remedies. If an event of default shall occur as described in Section (A)(20)(o) above, Lessor may, at its option, at any time (i) declare immediately due and payable and recover from Lessee, as liquidated damages for the loss of a bargain and not as a penalty, an amount equal to all accrued and unpaid rental payments and late charges, taxes if applicable, and other fees, plus the Loss Amount as set forth in Section (A)(20)(m) above: (ii) automatically charge any or all of Lessee's DDAs for all money amounts owed; (iii) to the extent permitted by applicable Law, without demand or legal process, enter into the premises where the Leased Equipment may be found and take possession of and remove the Lease Equipment, without liability for such retaking; (iv) Lessor may hold, sell or otherwise dispose of any such Leased Equipment at a private or public sale; or (v) any other remedies available under applicable Law. In the event Lessor takes possession of the Leased Equipment, Lessor shall give Lessee credit for any sums received by Lessor from the sale or rental of the Leased Equipment after deduction of the expenses of sale or rental and Lessee shall be responsible to Lessor for any deficiency. Notwithstanding the foregoing, to the extent the Leased Equipment is nontransferable or its transfer restricted (e.g., software), Lessee agrees that Lessor and/or licensor of the Leased Equipment shall have no duty to remarket such Leased Equipment or otherwise mitigate any damages relating to such Leased Equipment. Lessee shall also be responsible for and shall pay to Lessor all expenses incurred by Lessor in connection with the enforcement of any of Lessor's remedies including all collection expenses, that includes, but is not limited to, charges for collection letters and collection calls, charges of collection agencies, sheriffs, etc; and all expenses of repossessing, storing, shipping, repairing, and selling the Leased Equipment. Lessor and Lessee acknowledge the difficulty in establishing a value for the unexpired lease term and, owing to such difficulty, agree that the provisions of this Section represent an agreed measure of damages and are no to be deemed a forfeiture or penalty. All remedies of Lessor hereunder are cumulative, are in addition to any other remedies provided for by Law, and may, to the extent permitted by Law, be exercise concurrently or separately. The exercise of any one remedy shall not be deemed to be an election Government and Institutions Addendum 11 Ela Y Vh GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 of such remedy or to preclude the exercise of any other remedy. No failure on the part of the Lessor to exercise and no delay in exercising any right to remedy shall operate as a waiver thereof or modify the terms of the lease." ff) Section (A)(20)(s) Miscellaneous is replaced as follows: "s. Miscellaneous. If Lessee fails to pay any rent or other amount required herein to be paid to Lessor within five (5) days of when due, Lessee agrees to pay Lessor, in addition to the payment, a late charge of 15% of the amount past due (but at least $7.50) for each late payment. Each month the past due payment remains unpaid, an additional late fee in the amount defined will be assessed. Payments are applied to late fees and service charges first and then to the lease obligation. Amounts shall be payable in addition to all amounts payable by Lessee to Lessor as a result of exercise of any of the remedies herein provided. If Lessee requests any services not provided for herein, Lessee agrees to pay an applicable fee for delivery of such services. Lessee shall inform Lessor of any change in Lessee's name, address, billing address, telephone numbers, location of the Leased Equipment, or DDA. In the event Lessee fails to comply with any provision of the lease, Lessor shall have the right, but not be obligated, to affect such compliance on behalf of Lessee upon ten (10) days prior written notice to Lessee. In such event, all monies expended by and all expenses of Lessor in effecting such compliance, shall be deemed to be additional rental, and shall be paid by Lessee at the time of the next monthly payment of rent. All notices under the lease shall be sufficient if given personally or mailed postage prepaid to the party intended at the respective address set forth herein, or at such other address as said party may provide in writing form time to time. The lease inures to the benefit of and is binding upon the successor and assigns of the parties hereto. Time is of the essence of the lease. Lessor and Lessee intend the lease to be a valid and subsisting legal instrument, and agree that no provision of the lease that may be deemed unenforceable shall in a any way invalidate any other provision or provisions of the lease, all of which shall remain in full force and effect." gg) Section (A)(20)(t) Important Information about Credit Reporting is replaced as follows: "t. Important Information about Credit Reporting. Lessor may report information about this account to credit bureaus. Late payment, missed payments, or other defaults on this account may be. reflected in the credit report of Lessee." Section D — Government/Public Institution Service Fees (MasterCard Convenience Fee Program for Education and Government Merchants or Visa Tax Payment Program Only; all other Convenience Fees are governed by the Merchant Operating Guide) 2) The following provisions are added to the TOS for Merchants instituting a Government/Public Institution Service fees under this Addendum. a) Government/Public Institution Service Fees. If Merchant is both eligible to charge or to have Elavon charge Government/Public Institution Service Fees (as defined on Exhibit B hereto) and has elected on Exhibit A to manage or to have Elavon manage Government/Public. Institution Service Fees, then Merchant shall comply with the Government/Public Institution Service Fee Terms and Conditions attached hereto as Exhibit B. Government and Institutions Addendum ❑ New Location ® Additional Location Existing MID: 8014897105 Chain *New Location 1 of 1 New Merchant Application — Government / Institutional. DBA Name: CITY TAMARAC UTILITY INT DBA Phone #: (954)597-3553 Ext. Contact Name: CHRISTINE CAJUSTE DBA Fax M (954)597-3560 .r o �n DBA Address 1 7525 NW 88TH AVE Customer Service Phone #: oDBA Address 2: Email Address: christine.cajuste@TAMARAC.ORG City: TAMARAC State: FL Zip Code: 33321 Year Established: Previous Processor: c Legal/Corporate Name: CITY OF TAMARAC Legal/Corporate Phone #: (954)597-3550 Ext. LQ° Legal/Corporate Contact Name: MARK MASON Legal/Corporate Fax #: (954)597-3560 O Legal/Corporate Address: 7525 NW 88TH AVE City: TAMARAC State: FL Zip Code: 33321 0 p ❑ Officer ❑ Manager ®Authorized Representative ❑ Other Title jr First Name: CHRISTINE MI: 0 o Last Name: CAJUSTE Contact Address: 7525 NW 88th Ave Contact Phone #: (954)597-3553 U4 City: TAMARAC State: FL Zip Code: 33321 Email Address: christine.cajuste@tamarac.org Average Sale Amount: $100 Description of product or services offered: UTILITY PAYMENTS C Total Monthly Visa/MC/DISC Sales: $ 300,000 MCC: 4900 ca Card Present (swiped) % For Card Present Transactions, when does the customer receive the product or service? 9 p Card Present (not swiped) % ❑ Same Day ❑ If not same day, # of shipping y Days y (include pping time frame) Mail Order % For Card Not Present Transactions, when does the customer receive the product or service? Telephone Order % ® Same Day ❑ If not same day, # of Days (include shipping time frame) W Internet 100 % For Internet Transactions: _ u List the product web site: htt ://www.tamarac.or / Total - 100 /o d "Contact Us" email address: christine.ca'uste tamarac.or Do you operate seasonally. ❑ Yes ® No If yes, please check months closed: ❑ January ❑ February ❑ March ❑ April ❑ May ❑ June ❑ July ❑ August ❑ September ❑ October ❑ November El December (Checking Accounts only) �c 0 Deposit Bank Name: TD BANK ABA/Routing #: 067014822 DDA Account #: 6860820080 Q Billing Bank Name,,,, n rrE;<<:;,,,;;: ABA/Routing #: DDA Account #: ELAVONGOV 042011 O C v Q Please check each card you wish to accept. Note: acceptance of card types not selected will result in discount downgrades. ® All Visa/MasterCard/Discover Cards (PCs, al, CUP) ❑ Visa Credit ❑ Visa Debit ElMasterCard Credit ❑ MasterCard Debit ❑ Discover (jCe, DI,CUP) al �` ) a V ❑Retail [I Lodging ❑Pay at Pump ❑ Restaurant ❑ Supermarket ®MO/TO /Internet ❑ARU O �o E 0. ❑ TIERED Rate Per Item Qualified % $ Mid -Qua[ % $ Non-Qual % $ Other Authorizations: Per Auth d ud' One Time Fee T e: Visa $0.07 Application Fee $0 MasterCard $0.07 Installation/Training $0 Discover $0.07 Wireless Set -Up Fee $ Opt. ❑ Check Card ❑ Sprmkt ❑ QPS/Small Tkt % $ Opt. Rewards Tier % $ Opt. Commercial Card Tier % $ WEX $ Rush Shipment $ Other: $ Other: $ Other: $ Monthly Fee Type: Other: $ Support Fee $5 El INT Differential Plus VISA - Qual % $ MasterCard — Qual % $ Discover — Qual % $ Non-Qual % $ Voice Authorizations: Statement Fee $0 ARU $0.75 Electronic Statement or ❑ Paper Statement Operator Assisted p $0•90 AVS $0.90 Statement Mailing Fee For paper statements only) $5 Bank Referral $4.00 Minimum Discount $35 ® INT PLUS 0.12 % $0.00 PIN Debit Per Item Other: $ Pricing Program (Required forlDP): Rate (Plus network switch fee) Mont. dci =5 /Auth dcin =Assoc $ Other: $ Above Rates are for all Card Acceptance types selected Per Occurrence Fee Type: Per Auth Chargeback Fee $15 INT Plus/Assoc Mont. pridng4CDIF/Auth pricing=Assoc $ Return Item (NSF) Fee $20 Other: $ Other: $ VAR Service Provider (Hosted): Sun and HTE Gateway (optional). SunGard / Click 2 G A re ator. VAR Vendor (Distributed): VAR Product: VAR Version. - Purchase or Lease Purchase Lease"' SoftwareMireless aty POS Description Item Code Price per Unit Term Monthly Monthly Rate per Unit Mon. Fee per Unit Per Auth Fee $ $ $ $ $ $ $ $ $ $ $ $ �Q r.. $ $ $ $ O G Merchant Owns Software/Wireless E O N Qty POS Description Item Code Reprogram Fee per Unit Pin Pad Encryption Mon. Fee per Unit Per Auth Fee a° E CL 1 VAR - SunGard Click2Gov VAR $ ❑ $ $ rr $ ❑ $ $ w $ ❑ $ $ S ecial Programs Qty POS Description Item Code Price per Unit Equipment Back from Merchant $ Used "Please note that all leases MUST complete the LADCO Lease Agreement. All applicable state and local taxes will be applied. ® Tax Exempt AWVLN]kqtK•DL6LKill Il SE # Auth American Express: Fee ❑ ESA ElOne Point CAP # CD Amex (10 digits) $ Monthly Volume. $ y EBT (7 digits) $ hT ❑ Amex Rate % $ W Other: $ CNP Downgrade 0.30 % $ Other: $ ❑ Flat Fee Option (ESA only): $ 7.95 Other. $ T ❑ Debit -- Includes INLK (Interlink), MSTO (Maestro), ACCL (Accell), AFFN, ALAS (Alaska), CU24, ITS (Shazam), NETS, NYCE, PULSE and STAR ❑ Bill Payment Portal ❑ Pinless Debit m ❑ Dynamic Currency Conversion (DCC) - Rebate: 0.75% DCC Annual Registration Fee 25.00 ❑Money Manager Vendor t° V W or ❑ Multi -Currency c c 0 t ❑Working Capital Vendor ❑ MCP # Users Monthly Fee $ Set Up Type (check one) [I MID ❑ CH ❑ ENT Set Up Fee $ 0— ❑ MCP with OCM # Users Monthly Fee $ Set Up Type (check one) © MID ElCHN © ENT Set Up Fee $ tY ❑ ACS Remote ID Set Up Fee $ Monthly Fee $ Processing Options: ❑ POP (POS Image) ❑ ARC (POS Image) ❑ BOC (❑ POS Image or ❑ Cash Office Image) 0 1. ANNUAL check volume: $ 2. Average check amount: $ 3. Maximum check amount. $ ECS Monthly Minimum. $ Please check box for each additional service option �a NSF Service Fee Processing @ $2.00 per NSF item. ❑ Conversion with Guarantee C d to u Guarantee Rate. /o Per Transaction: $ Not applicable for POP Guarantee and all ARC c f4) c 0 products ❑ Conversion with Verification El collections OLLJ A;. 0 EnQuire Reporting Access. Per Transaction. $ Per Return Transaction: $ # users: $29.95 each per month N ❑ Conversion Only ❑ collections Q ©Turn off return memo advices Per Transaction. $ Per Return Transaction: $ Card Style Card Quantity Price ❑ Basic $ ❑ Monthly Pricing: $ per month ❑ $ (Includes transactions per location annually. Additional transaction billed $029 per IJ O Standard $ fL transaction) t7 W ❑ Custom 0 W OR ❑ Transaction Pricing. $ per transaction and $ per month. Max Card Value $ Default $500 El Card Carriers (enter total cards) # of Style El Service Fees (Cardholder charged on unused balances) V m w # of Style $ x Custom Cards are required W Fee Merchant charged per Transaction $0.12 v # of Style Apply same to all states? ® Y ❑ N (if no, complete for each state) (Multiples of 100 only) Fee Amount: $ Applied: []Monthly []Quarterly []Annually ❑ Monthly Online Admin - # Users $ to U e ❑ Graphic Design Service $ V Beginning: _ Months after last Transaction date (cannot be less than 12 mos) a El Custom Card Upgrade $ w Lock Balances After: _ Months of non-use (default 72 months, cannot be w 0 El Misc Fee - $ less than 50 months) ❑ Misc Fee - $ cs ❑ Elavon K VAR Manufacturer: t9 Q VAR Software: W ❑ Givex Version: Card Style: Text Color: Justification: ❑ Left ❑ Center ❑ Right ❑ As submitted Imprint: ❑ Logo (To avoid delay, please submit artwork to: EGCArtwork�Elavon.com) - - Q OR 0 ❑ Text (Imprinting details MUST be entered below) "° *Font (select ONE): ❑ Arial ❑ ,y�CO$; ❑ Times New Roman *Text Case (select ONE): ❑ Title Case ❑ UPPER CASE lower case ❑ As submitted E C c `yo rn U C7 W U � C? p W x ELAVONGOV 042011 Merchant Application — Government I Institutional Ong Type: ® Government ❑ Non -Profit Charitable or Social (include documents that support Tax Exempt Status) r� � ❑ Other a Name*: CITY OF TAMARAC, FL E'Name of business as shown on your business income tax retums. U. Address: 7525 NW 88TH AVE U TIN (Employer Identification #): 59-1039552 City: TAMARAC State: FL Zip Code: 33321 r TIN (Social Security #): Merchant Representations and Certifications. By signing below, the applicant merchant ("Merchant") and its representative(s) represent and warrant to Elavon, Inc. ("Elavon" or "member as applicable), with offices at 7300 Chapman Highway, Knoxville, TN 37920 (collectively, "we" or "us") that (i) all information provided in this merchant application ("Merchant Application") is true and complete and properly reflects the business, financial condition, and principal partners, owners, or officers of Merchant: and (ii) the persons signing this Merchant Application are duly authorized to bind Merchant to all provisions of this Merchant Application and the Agreement. The signature by an authorized representative of Merchant on the Merchant Application, or the transmission of a Transaction Receipt or other evidence of a Transaction to us, shall be the Merchant's acceptance of and agreement to the terms and conditions contained in the Agreement including, without limitation, this Merchant Application, the Terms of Service ("TOS") and the Merchant Operating Guide ("MOG") incorporated herein by this reference and located at our website at https.//w*w.merchantconner,t.com/CWRWeb/pdf/TOS ENG.pdf and https llwwwmerchantconnect.com/CWRWeb/pdf/MOG_Eng.pdf, respectively. If Merchant does not have aoCess to view the TOS or MOG at our website please contact our customer service center. Notwithstanding any such non -receipt of the TO$ or MOG, Merchant agrees to comply with the Agreement, and all applicable laws, rules, and regulations including the rules and regulations of the Payment Networks, and understands that failure to comply will result in termination of processing services. Capitalized terms shall, unless otherwise defined in this Merchant Application, have the same meaning ascribed to them in the TOS and MOG. W Merchant must obtain an Authorization Code via electronic terminal or similar device before completing any transaction. Merchant understands that an AUTHORIZATION CODE IS NOT A a GUARANTEE OF ACCEPTANCE OR PAYMENT OF A TRANSACTION. RECEIPT OF AN AUTHORIZATION CODE DOES NOT MEAN THAT MERCHANT WILL NOT RECEIVE A CHARGEBACK FOR THAT TRANSACTION. N V Merchant and its representative(s) authorize us prior to our acceptance of this Merchant Application and from time to time thereafter, to investigate the business history and background of Merchant and to obtain credit reports or other background investigation reports on Merchant that we consider necessary to review the acceptance and continuation of this Merchant Application. Merchant also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to us. V IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, Federal law C requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. This means we will ask for certain information and identifying documents � to allow us to identify you. U) C This Merchant Application may be signed in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Merchant C Application. Delivery of executed counterparts of this Merchant Application may be accomplished by a facsimile transmission, and a signed facsimile or copy of this Merchant Application shall a� constitute a signed original. y All merchants must comply with the requirements of the Payment Card Industry Data Security Standards ("PCI DSS"). Elavon requires Level 4 merchants (determined based on transaction dvolume) to validate PCI DSS compliance on an annual basis, with initial validation to occur no later than ninety (90) days after account approval. Merchant will be charged either the Annual PCI ` Fee or the Annual Administration Fee described below. CL Annual PCI Fee of up to $175 per merchant account number, based on connectivity, number of merchant locations and then -current cost to Elavon of the services, will be charged to merchants that use the services of the qualified third party assessor with whom Elavon has partnered. Elavon will waive this fee for six months after the date of account approval, charging the fee annually in subsequent years. Annual Administration Fee of $35 will be charged to merchants that use the services of another qualified assessor and attest to PCI DSS validation on the website designated by r_ Elavon. Any merchant that has not validated PCI DSS compliance within ninety (90) days of account approval, or in subsequent years on or before the anniversary date of account approval, will M be charged a monthly non-compliance fee of $29.95 until Elavon is provided with validation of compliance. Merchant may be eligible for Data Breach Coverage following account approval and PCI DSS compliance validation. See the PCI Compliance Program Overview for coverage details and conditions. d American Express Acceptance Agreement By signing below, I represent that I have read and am authorized to sign and submit this application for the above entity which agrees to be bound by the American Expresse Card Acceptance Agreement ("AXP Agreement"), and that all information provided herein is true, complete, and accurate. I authorize Elavon and American Express Travel Related Services Company, Inc. ("AXP") and AXP's agents and Affiliates, as defined in the AXP Agreement, to verify the information in this application and receive and exchange information about me personally, including by requesting reports from consumer reporting agencies, and disclosing such information to their agent, subcontractors, Affiliates and other parties for any purpose permitted by law. I authorize and direct Elavon, AXP, AXP agents and Affiliates to inform me directly, or through the entity above, of reports about me that they have requested from consumer reporting agencies. Such information will include the name and address of the agency furnishing the report. I also authorize AXP to use the reports from consumer reporting agencies for marketing and administrative purposes. I understand that upon AXP's approval of the application, the entity will be sent a copy of the AXP Agreement and materials welcoming it, either to AXP's program for Elavon to perform services for AXP or AXP's standard Card acceptance program which has icingj2pojg. different speeds of pay). I understand that if the entity does not qualify for the Elavon servicing program, that the entity may be enrolled in A ri E and C ccept rogram, and the entity may terminate the AXP Agreement. By accepting the American Express Card for the purchase of goods and/ ervi Icahn ention bound, the entity agrees to be bound by the AXP Agreement. Signature: Printed Name: Michael C. Cernech Title: City Manager Date: 09/28/2011 Signature: X Printed Name: Title: Date: To the best of my knowledge, I certify that the inf rmation provided in this Merchant Application was provided by the Merchant and is true, complete and accurate. I further Certify that the signatures were provided by the Merchant's er(s) or as appropriate. a� Sales Rep Signet Name: Jeremy G. Krahl Rep ID #: 19090 Date: 09/28/2011 7x,rinted Accepted by Elavon, I Date: 9' ° Accepted by Mem r: Date: ELAVONGOV 042011 What Happens Next? Thank you for choosing us as your payment processor. We look forward to providing you with the best customer service in the industry. Below are the steps that will be taken to get you up and running quickly. Application and Credit Underwriting Your application will be sent to our Operations center for processing. It will be checked for completeness and accuracy. Our credit underwriting specialists will review the information provided, perform the necessary analysis, and approve or decline the application. We will contact you within 24-72 hours if we need you to provide additional information. 2. Deployment Once your application is approved and entered into our systems, our deployment team will prepare any equipment or software for shipment. You should receive your package within two -five days, depending on the method of shipping selected. Look inside the box for your Getting Started Kit -- it contains a packing list, your Merchant Identification Number (MID), support materials, and information about training and service. 3. Training Once you receive your package, please call the training at 866-451-4007 to speak with one of our representatives. If we don't hear from you, we will contact you to schedule a session. The session will cover information about credit card processing, how to set up use your processing terminal or software solution, and where to find helpful information. 4. PCI Compliance Validation Process Complete your Payment Card Industry Data Security Standard (PCI DSS) validation. Visit our PCI website, http://pci.elavon.com, for education and tips on protecting cardholder data. You can also connect with our Visa® and MasterCard® accredited Qualified Security Assessor (QSA) and Approved Scanning Vendor (ASV). You must provide a certificate of compliance validation within ninety days (90) of account approval to avoid a monthly non-compliance fee. 5. Communications You will receive an email from Elavon that contains helpful information about processing with us, as well as a quick link to MerchantConnect, our free online support tool. You will also receive a survey that will ask you to score us on a number of factors. We value your feedback, and ask that you kindly take two minutes to rate the sales process, training process, and overall level of service. We will periodically send you information to keep you informed about things that impact your business. 6. Service Help is always just a phone call away — we operate a 24/7 call center. Call 800-725-1243 to talk with a representative. For free online access to your account, go to https://www.merchantconnect,com. You can view your statement, display recent deposits, view chargeback and retrieval requests, access customer support, and much more. Thank you for your business. We look forward to providing you the very best in service. ELAVONGOV 042011 Elav n GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 GOVERNMENT ENJJTfES AND INSTITUJIQNS ADDENDUM PROCESSING SERVICES FOR GOVERNMENT ENTITIES AND INSTITUTIONS. Merchant elects and agrees to accept the Payment Device Processing Services for government entities and institutions, as such services are further described in this Addendum and the Exhibits hereto, and subject to the terms and conditions of the applicable provisions of the Agreement. Except as expressly modified pursuant to this Addendum, all terms and conditions of the Agreement remain in full force and effect and shall govern the relationship among the parties to this Addendum. Capitalized terms used and not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement (including the Terms of Service) or in the Merchant Operating Guide ("MOG"), which are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Government Entities and Institutions Addendum to the Agreement. City of Tamarac, FL ELAVON, INC. (� MERC G B ' By: Name: O� - Name: Michael C. Cernech Qa�t� Title: Title: City Manager Date: September 28, 2011 (Addendum "Effective Date") MEMBER By: v Name: SIP Government and Institutions Addendum Elaon GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 Section A — General Provisions Applicable to All Merchants under this Addendum 1) The following provisions hereby replace the like -numbered provisions of the Terms of Service ("TOS") or are hereby inserted or deleted from the TOS, as indicated, for Merchants operating under this Addendum. a) Section (A)(4)(d) Cbargebacks is revised to read as follows: "d. Chargebacks. Merchant agrees to accept for Chargeback, and will be liable to Elavon and Member in the amount of any Transaction for which the Customer or Issuer disputes the validity of the Transaction for any reason under the Payment Network Regulations. Merchant authorizes Elavon and Member to offset from funds due Merchant for Transaction activity or to debit the DDA or the Reserve Account for the amount of all Chargebacks including, as applicable, any currency fluctuations. Merchant will fully cooperate with Elavon and Member in complying with the Payment Network Regulations regarding all Chargebacks." b) Section (A)(5)(d) Indemnity is deleted. c) Section (A)(6)(a)(i) Security Agreement is deleted. d) Section (A)(6)(a)(ii) Perfection is deleted. e) Section (A)(8)(a) Accuracy of Information is revised to read as follows: "a. Accuracy of Information. Merchant represents and warrants to Member and Elavon that all information provided to Elavon in the Merchant Application, in the bid process if applicable, or otherwise in the Agreement is correct and complete. Merchant must promptly notify Elavon in writing of any material changes to such information, including, without limitation, any additional location or new facility at which Merchant desires to use the Processing Services provided under this Addendum, the form of entity, change in control, material changes to the type of goods and services provided and/or payments accepted, and how Transactions are completed (e.g., by telephone, mail, electronic commerce, or in person at Merchant's place of business). The notice must be received by Elavon at least ten (10) business days prior to the change. Merchant will promptly provide any additional information reasonably requested by Elavon. Merchant will be responsible for all losses and expenses incurred by Elavon or Member arising out of Merchant's failure to provide proper notice or requested information for any such change, and will not make any claims against Elavon or Member for any losses sustained by Merchant as a result of such failure. Elavon may immediately terminate the Agreement upon a material change to the information in the Merchant Application if such change is not approved by Elavon. Elavon has the right to rely upon written instructions submitted by Merchant to request changes to Merchant's business information. Merchant may request written confirmation of Elavon's consent to the changes to the Merchant's business information." f) Section (A)(8)(b) Indemnification is deleted and replaced with the following two sections: "i. Merchant Responsibilities. As between Merchant, Elavon and Member, Merchant will be responsible for, and at its own expense, defend itself against any suits, claims, losses, demands or damages arising out of or in connection with (A) any dispute with a Customer, Cardholder or any third party relating to any Transaction, (B) any action taken by Elavon or Member with respect to the DDA or Reserve Account in accordance with the Agreement, or (C) any breach by Merchant of any obligation under this Agreement. Merchant will not make any claims against Elavon or Member for any liabilities, claims losses, costs, expenses and demands of any kind or nature, arising out of or in connection with any of the foregoing suits, claims, losses, demands or damages." "ii. Elavon Responsibilities. Elavon will be responsible for and will at its own expense defend itself against any suits, claims, losses, demands or damages arising out of (A) Elavon's breach of the Agreement, or (B) Elavon's negligence, gross negligence or willful misconduct." g) Section (A)(9)(a) Information is revised to read as follows: "a. Information. Merchant is validly existing and duly organized under the laws of the jurisdiction in which it was formed with all necessary authority, qualifications, licenses and registrations necessary to conduct its business, in all jurisdictions where Merchant conducts business, in compliance with all Laws and Payment Network Regulations." h) Section (A)(10)(a) Audit is revised to read as follows: "a. Audit. In the event that Elavon or Member reasonably suspects that they are subject to a financial or reputational risk due to Merchant's actions or omissions, Merchant authorizes Elavon and Member to perform an audit or inspection of Merchant's operations to confirm compliance with the Agreement upon reasonable advance notice and at Elavon's or Member's expense. Merchant agrees to cooperate, in good faith, with any such audit conducted by Elavon or Member. Further, Merchant acknowledges and agrees that the Payment Networks have the right to audit Merchant's business to confirm compliance with the Payment Network Regulations." i) Section (A)(10)(b)(i) Authorizations is revised to read as follows: "i. Authorizations. Merchant authorizes Elavon and Member to make, from time to time, any business credit or other inquiries they consider necessary to review the Merchant Application or continue to provide services under the Agreement. Merchant also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to Elavon." j) Section (A)(10)(b)(ii) Financial Information is revised to read as follows: Government and Institutions Addendum ElavGOVERNMENT FNTITIES AND 1NSTTTUrIONS ADDENDUM TO TOS v.09.08.10 "ii. Financial Information. Upon the request of either Elavon or Member, Merchant will provide Elavon and Member audited financial statements prepared by an independent certified public accountant selected by Merchant, or if Merchant is audited by a governmental authority, then Merchant will provide financial statements from such governmental authority. Within one hundred twenty (120) days after the end of each fiscal year (or in the case of a government entity, when available), Merchant will furnish Elavon and Member, as requested, a financial statement of profit and loss for the fiscal year and a balance sheet as of the end of the fiscal year, each audited as provided above. Merchant shall also provide Elavon and Member such interim financial statements and other information as Elavon or Member may request from time to time." k) Section (A)(13) Personal Guaranty is deleted. 1) Section (A)(14)(a) Products or Services is revised to read as follows: "a. Products or Services. Merchant may desire to use a Value Added Servicer to assist Merchant with its Transactions. Merchant shall not utilize any Value Added Servicer unless Merchant has disclosed such use to Elavon previously in writing, and unless such Value Added Servicer is fully compliant with all Laws and Payment Network Regulations. Any Value Added Servicer used by Merchant must be registered with the Payment Networks prior to the performance of any contracted services on behalf of Merchant. Further, as between the parties to this Agreement, Merchant will be bound by the acts and omissions of its Value Added Servicer and Merchant will be responsible for compliance by such Value Added Servicer with all Laws and Payment Network Regulations. Merchant will be responsible for any loss, cost, or expense incurred in connection with or by reason of Merchant's use of any Value Added Servicer, Neither Elavon nor Member is responsible for the Value Added Servicer, not are they responsible for any Transaction until Elavon receives data for the Transaction in the format required by Elavon." m) Section (A)(]5)(b)(i) Termination, Merchant, the following is added as Section (A)(15)(b)(i)(cc): "cc. The Agreement may be terminated by Merchant in the event that sufficient legislative appropriation is not available, provided that Merchant gives Elavon and Member sixty (60) days notice prior to termination." n) Section (A)(15)(c)(iii) Return to Elavon is revised to read as follows: "iii. Return to Elavon. All promotional materials, advertising displays, emblems, Transaction Receipts, Credit Transaction Receipts, and other forms supplied to Merchant and not purchased by Merchant or consumed in use will remain the property of Elavon and must be returned to Elavon or destroyed within thirty (30) days." o) Section (A)(16)(d) MATCH' and Consortium Merchant Negative File is revised to read as follows: "d. MATCHT and Consortium Merchant Negative File. Merchant acknowledges that Member and/or Elavon is required to report Merchant's business name and the name of Merchant's principals to the MATCH listing maintained by MasterCard and access by Visa or to the Consortium Merchant Negative File maintained by Discover, if applicable, pursuant to the requirements of the Payment Network Regulations. Merchant specifically consents to Elavon's and Member's fulfillment of the obligations related to the listing of Merchant in such databases, and Merchant waives all claims and liabilities Merchant hay have as a result of such reporting." p) Section (A)(16)(e) Security Program Compliance is revised to read as follows: "e. Security Program Compliance. Merchant must comply with the requirements of the Payment Card Industry (PCI) Data Security Standard (PCI DSS) including the Cardholder Information Security Program (LISP) of Visa, the Site Data Protection Program (SDP) of MasterCard, the Data Security DISC Program and the PCI DSS regulations of Discover Network, and the security programs of any other Payment Network as to which Merchant accepts a Payment Device, as applicable, and any modifications to, or replacements of such programs that may occur from time to time (collectively, "Security Programs"). Upon request, Elavon will provide Merchant with the respective website links to obtain the current requirements of the Visa, MasterCard, and Discover Network Security Programs. All Value Added Servicers from whom Merchant procures services must comply with the requirements of those Security Programs. Merchant, and not Elavon or Member, is responsible for Merchant's own actions or inactions, those of Merchant's officers, directors, shareholders, employees and agents, including any Value Added Servicer (collectively, "Merchant's Agents"). Merchant shall be responsible for any liability, loss, cost, or expense resulting from the violation of any of the Security Program requirements by Merchant or any of Merchant's Agents." q) Section (A)(17)(a) Use of Trademarks is revised to read as follows: "a. Use of Trademarks. Merchant may use and display the Payment Networks' marks, and shall display such marks in accordance with the standards for use established by the Payment Networks. Merchant's right to use all such marks will terminated upon termination of the Agreement or upon notice by a Payment Network to discontinue such use, and Merchant must thereafter promptly return any materials displaying the marks. Merchant's use of promotional materials provided by the Payment Networks will not indicate, directly or indirectly, that such Payment Networks endorse any goods or services other than their own and Merchant may not refer to any Payment Networks in stating eligibility for Merchant's products or services," r) Section (A)(17)(c) Passwords is revised to read as follows: "c. Passwords. If Merchant receives a password from Elavon to access any of Elavon's databases or services, Merchant will: (i) keep the password confidential; (ii) not allow any other entity or person to use the password or gain access to Elavon's databases or services; (iii) be responsible for all action taken by any user of the password that Government and Institutions Addendum Elavon GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 obtained access to the password from Merchant; and (iv) promptly notify Elavon if Merchant believes Elavon's databases or services or Merchant's information has been compromised by use of the password. If Merchant receives passwords from a third party for products or services related to Transaction processing, Merchant must protect such passwords in the manner required by such third party and be responsible any losses, costs, or expenses that arise from Merchant's use or misuse of such third party passwords." s) Section (A)(18)(b) Governing Law in the United States is deleted. t) Section (A)(18)(c) Jurisdiction and Governing Law in Canada is deleted. u) Section (A)(18)(d) Exclusivity is deleted. v) Section (A)(18)(f) Assignability is revised as follows: "£ Assignability. The Agreement may not be assigned by Merchant, directly or by operation of law, without the prior written consent of Elavon. If Merchant, nevertheless, assigns the Agreement without Elavon's consent, the Agreement will be binding on the assignee as well as Merchant. Elavon will not transfer or assign the Agreement without the prior written consent of Merchant, provided that such consent shall not be required for (i) the assignment or delegation to an affiliate of Elavon, or (ii) the assignment or delegation to any Person into or with which Elavon shall merge or consolidate, or who may acquire substantially all of Elavon's stock or assets." w) Section (A)(18)(g) Arbitration is deleted. x) Section (A)(18)(k) Attorney's Fees is deleted. y) Section (A)(18)(p) Amendments is revised as follows; "p. Amendments. Except as otherwise provided in the Agreement, amendments to the Agreement shall be in writing and signed by the parties. Notwithstanding the foregoing, Elavon and Member may amend or modify the Agreement, to the extent such changes are required by or attributable to changes in the Payment Network Regulations or other Laws, upon written notice to Merchant. Elavon or Member will inform Merchant of such a change in a periodic statement or other written notice, and such change will become effective not less than thirty (30) days following the issuance of the notice. Notwithstanding the previous sentence, changes to fees authorized by the Agreement will be effective upon notice to Merchant, unless a later effective date is provided," z) Section (A)(19)(d) Personal Guaranty is deleted. aa) Section (A)(20)0) Net Lease; Taxes shall only apply if Merchant is not a tax-exempt entity as provided in Section (A)(7)(c)• bb) Section (A)(20)(k) Indemnity is replaced as follows: "k. Responsibilities. Lessee will be responsible for all liability, damage or loss arising out of the ownership, selection, possession, leasing, operation, control use, condition, maintenance, delivery and return of the Leased Equipment. This obligation shall continue in full force and effect notwithstanding the termination of the lease." cc) Section (A)(20)(1) Insurance is deleted. dd) Section (A)(20)(n) Loss or Destruction Waiver is deleted. ee) Section (A)(20)(p) Remedies is replaced as follows: "p. Remedies. If an event of default shall occur as described in Section (A)(20)(o) above, Lessor may, at its option, at any time (i) declare immediately due and payable and recover from Lessee, as liquidated damages for the loss of a bargain and not as a penalty, an amount equal to all accrued and unpaid rental payments and late charges, taxes if applicable, and other fees, plus the Loss Amount as set forth in Section (A)(20)(m) above; (ii) automatically charge any or all of Lessee's DDAs for all money amounts owed; (iii) to the extent permitted by applicable Law, without demand or legal process, enter into the premises where the Leased Equipment may be found and take possession of and remove the Lease Equipment, without liability for such retaking; (iv) Lessor may hold, sell or otherwise dispose of any such Leased Equipment at a private or public sale; or (v) any other remedies available under applicable Law, In the event Lessor takes possession of the Leased Equipment, Lessor shall give Lessee credit for any sums received by Lessor from the sale or rental of the Leased Equipment after deduction of the expenses of sale or rental and Lessee shall be responsible to Lessor for any deficiency. Notwithstanding the foregoing, to the extent the Leased Equipment is nontransferable or its transfer restricted (e.g., software), Lessee agrees that Lessor and/or licensor of the Leased Equipment shall have no duty to remarket such Leased Equipment or otherwise mitigate any damages relating to such Leased Equipment. Lessee shall also be responsible for and shall pay to Lessor all expenses incurred by Lessor in connection with the enforcement of any of Lessor's remedies including all collection expenses, that includes, but is not limited to, charges for collection letters and collection calls, charges of collection agencies, sheriffs, etc; and all expenses of repossessing, storing, shipping, repairing, and selling the Leased Equipment. Lessor and Lessee acknowledge the difficulty in establishing a value for the unexpired lease term and, owing to such difficulty, agree that the provisions of this Section represent an agreed measure of damages and are no to be deemed a forfeiture or penalty. All remedies of Lessor hereunder are cumulative, are in addition to any other remedies provided for by Law, and may, to the extent permitted by Law, be exercise concurrently or separately, The exercise of any one remedy shall not be deemed to be an election Government and Institutions Addendum Elavon GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09,08.10 of such remedy or to preclude the exercise of any other remedy. No failure on the part of the Lessor to exercise and no delay in exercising any right to remedy shall operate as a waiver thereof or modify the terms of the lease." ft) Section (A)(20)(s) Miscellaneous is replaced as follows: "s. Miscellaneous. If Lessee fails to pay any rent or other amount required herein to be paid to Lessor within five (5) days of when due, Lessee agrees to pay Lessor, in addition to the payment, a late charge of 15% of the amount past due (but at least $7.50) for each late payment. Each month the past due payment remains unpaid, an additional late fee in the amount defined will be assessed. Payments are applied to late fees and service charges first and then to the lease obligation. Amounts shall be payable in addition to all amounts payable by Lessee to Lessor as a result of exercise of any of the remedies herein provided. If Lessee requests any services not provided for herein, Lessee agrees to pay an applicable fee for delivery of such services. Lessee shall inform Lessor of any change in Lessee's name, address, billing address, telephone numbers, location of the Leased Equipment, or DDA. In the event Lessee fails to comply with any provision of the lease, Lessor shall have the right, but not be obligated, to affect such compliance on behalf of Lessee upon ten (10) days prior written notice to Lessee. In such event, all monies expended by and all expenses of Lessor in effecting such compliance, shall be deemed to be additional rental, and shall be paid by Lessee at the time of the next monthly payment of rent. All notices under the lease shall be sufficient if given personally or mailed postage prepaid to the party intended at the respective address set forth herein, or at such other address as said party may provide in writing form time to time. The lease inures to the benefit of and is binding upon the successor and assigns of the parties hereto. Time is of the essence of the lease. Lessor and Lessee intend the lease to be a valid and subsisting legal instrument, and agree that no provision of the lease that may be deemed unenforceable shall in a any way invalidate any other provision or provisions of the lease, all of which shall remain in full force and effect." gg) Section (A)(20)(t) Important Information about Credit Reporting is replaced as follows: "t. Important Information about Credit Reporting. Lessor may report information about this account to credit bureaus. Late payment, missed payments, or other defaults on this account may be reflected in the credit report of Lessee." Section D — Government/Public Institution Service Fees (MasterCard Convenience Fee Program for Education and Government Merchants or Visa Tax Payment Program Only; all other Convenience Fees are governed by the Merchant Operating Guide) 2) The following provisions are added to the TOS for Merchants instituting a Government/Public Institution Service fees under this Addendum. a) Government/Public Institution Service Fees. If Merchant is both eligible to charge or to have Elavon charge Government/Public Institution Service Fees (as defined on Exhibit B hereto) and has elected on Exhibit A to manage or to have Elavon manage Government/Public Institution Service Fees, then Merchant shall comply with the Government/Public Institution Service Fee Terms and Conditions attached hereto as Exhibit B. Government and Institutions Addendum Elan GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 EXHIBIT A GOVERNMENT/PUBLIC INSTITUTION SERVICE FEE ENROLLMENT Date: Pricing Quote #: ❑ New Location Rep Name: Rep Phone #: ❑ Add/Update Service Existing MID: Chain #: DBA Name: DBA Phone #: Contact Name (first & last): DBA Fax #: DBA Address: City, State, Zip: Contact Name (First and Last): Training Phone # (if differen . Goods or Services Sold: Federal Tax ID: Processing OptionsGovernment/Public institution Service Fee Fundina Model (check hantelectsGowmmentfP ❑ Elavon-managed tion Service Fees (GPISM asse�srnenfi ❑ Merchant -managed' vemment/Public Institution Service Fee Services Programs (check all h\at)nlvnl f ❑ MasterCard Convenience Fee Program for Education and Government Merchants ❑ Visa Tax Payment Program Government/Public institution Service Fee Pricing(applicable onlyif Merchant elects GPIS ent : Card Service Fee % Visa Consumer Debit (tax only):$ ACH (via Electronic Check Services): $ Minimum Annual Fees (if applicable): $ Paymentrrransaction Types for GPISF Assessment (not all uayment/transac ion t/sumo\rtedforall PTams) (check all that apply, but only f Merchant elects GPISF assessmcntl ❑ Credit — (check all that apply): ❑ Visa ❑ MasterCard ❑ Discover (available i lavon-acquired) ❑ Signature Debit — (check all that apply): ❑ Visa ❑MasterCard ❑ Discover vailable if Elavon-acquir ) ❑ PIN -Based Debit ❑ ACH (via Electronic Check Services) Elavon Product rtin i, F Assessment ❑ Enterprise Billing Solutions (Additional Addendum required if checked) ❑ Service Fee Terminal (VeriFone vx570) ❑ Limited Acceptance (Visa, MasterCard, and Discover credit cards nly) ❑ MasterCard and Discover credit cards and signature debit cards ❑ Merchant Proprietary Solution or Value -Added Servicer ❑ Other,._...._..._ -- By signing below, Merchant warrants the truthfulness an curacy of the information provided, agrees to pay the fees set forth herein and agrees to abic by the Terms & Conditions for Assessment of Government/Public Institution Service F s. Signature Name & Title Date 1. "Elavon-managed" means that Elav9A, establishes the amount of the Govemment/Public Institution Service Fee charged and retains the Government/Public Institution Servico4fbe in lieu of Merchant's obligation to pay Elavon the per transaction fees asset forth in the Agreement. 2. "Merchant -managed" means that Merchant establishes the amount of the Government/Public Institution Service Fee charged and retains the Government/Public Institution Service Fee. Merchant pays Elavon the per transaction fees as set forth in the Agreement for all such Transactions. Elavon Processing Services for Government Entities and Institutions Enrollment Ela on GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 EXHIBIT B TERMS AND CONDITIONS FOR ASSESSMENT OF GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES ASSESSMENT OF GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES. Terms and Conditions ("T&Cs") for Assessment of Government/Public Institution Service Fees. I) APPLICABILITY OF AGREEMENT. If Merchant has requested authority to charge or to have Elavon charge a Government/Public Institution Service Fee to its Customers for Eligible Transactions, the following provisions apply to such Eligible Transactions and the related GovernmentlPublic Institution Service Fees charged. Any other Transactions or fees, including Convenience Fees, are governed by the standard provisions set forth in the Agreement, as modified by the applicable Schedules or Addenda thereto. Merchant agrees to the following provisions, as and to the extent applicable, in addition to the terms and conditions of the Agreement. 2) RULES OF CONSTRUCTION. These T&Cs are intended to complement and are subject to your Agreement. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement or the MOG. In the event of a conflict between these T&Cs and other terms of the Agreement or the MOG, the terms of these T&Cs shall prevail. 3) DEFINITIONS. a) Agreement. The Terms of Service (TOS) or the Payment Device Processing Agreement, as applicable. b) Government/Public Institution Service Fee. The fee charged by Elavon or Merchant, at Merchant's election, to Customers conducting Eligible Transactions (as described herein, as applicable) at Merchants operating in certain designated merchant category codes ("MCCs"). For the avoidance of doubt, fees referred to as a "service fee" or "convenience fee" (in the context of the MCCs described herein) as used in the applicable rules of the Credit Card Associations, where the fee is processed as a separate Transaction from the underlying purchase or payment Transaction, are included within the definition of, and are referred to herein, as a "Government/Public Institution Service Fee." 4) GOVERNMENT/PUBLIC INSTITUTION SERVICE FEE SERVICES. a) Government/Public Institution Service Fee Services. At Merchant's election, Merchant may choose to charge a Government/Public Institution Service Fee (a Merchant - managed Government/Public Institution Service Fee) or to have Elavon charge a Government/Public Institution Service Fee (an Flavon-managed Government/Public Institution Service Fee) to its Customers for Eligible Transactions, in each case provided that Merchant is in compliance with the Payment Network Regulations and Laws, including the Electronic Fund Transfer Act and Regulation E. If Merchant elects an Elavon-managed Government/Public Institution Service Fee, Merchant agrees that any Government/Public Institution Service Fee collected in connection with an Eligible Transaction will be retained by Elavon and Member and that such amount constitutes Elavon's and Member's property, and Merchant has no right, title or interest in such amounts. Further, if Merchant elects an Elavon-managed Government/Public Institution Service Fee, Merchant agrees that Elavon may adjust the Government/Public Institution Service Fee amount from time to time as necessary or appropriate to accommodate changes in Payment Network fees (including Interchange fees), material changes in average ticket size and/or monthly Transaction volume, Interchange classification or downgrades, changes in Chargeback rates, or changes in Payment Devices accepted and/or payment channels offered by Merchant. Additionally, Elavon may immediately terminate the Processing Services for Government/Public Institution Service Fees if Merchant's Chargeback rates materially exceed industry averages. If Merchant elects a Merchant -managed Government/Public Institution Service Fee, Merchant will receive and retain the Government/Public Institution Service Fee collected in connection with Eligible Transactions and will pay regular per transaction fees to Elavon and Member for the Processing Services provided by Elavon and Member with respect to such Transactions. Merchant agrees that the minimum annual Transaction fees (which includes any Elavon-retained Government/Public Institution Service Fees) paid to Elavon and Member for Transactions processed under this Addendum shall be at least equal to the "Minimum Annual Fees" amount identified on Exhibit A hereto. For any partial period of less than a full year during the term of this Addendum, the actual amount of fees paid by Merchant to Elavon for Transactions processed under this Addendum shall be annualized to determine if Merchant has satisfied this obligation. At the end of each year (the first of which shall begin on the Addendum Effective Date and each successive year of which shall begin immediately upon the conclusion of the preceding year), Elavon may notify Merchant if the actual Transaction fees paid by Merchant in respect of this Addendum is less than the Minimum Annual Fees amount. In the event that Merchant's actual Transaction processing fees under this Addendum for any such period are less than the Minimum Annual Fees, Merchant shall promptly pay Elavon and Member the difference. b) Conflict of Laws. To the extent Merchant's state or other governing body has passed legislation that requires assessment of Government/Public Institution Service Fees by government agencies as a component of card acceptance, such laws may conflict with Payment Network Regulations. Merchant bears all responsibility and liability associated therewith, including all assessments, fees, fines and penalties levied by the Payment Networks. 5) REQUIREMENTS FOR GOVERNMENT/PUBLIC INSTITUTION SERVICE FEES. Elavon may update or Terms and Conditions for Assessment of Government/Public Institution Service Fees Elaon GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 revise the provisions of this Section 5 upon written notice to Merchant. a) Merchants Accenting Visa Cards for Eligible Transactions. The following requirements apply to Merchants accepting Visa Credit Cards and/or Visa signature Debit Cards that desire to charge or to have Elavon charge a Government/Public Institution Service Fee on certain Transactions. If Merchant also accepts and wishes to charge or to have Elavon charge a Government/Public Institution Service Fee on certain Transactions paid by MasterCard and/or Discover Network cards, the requirements of this Section (5)(a) also apply to Merchant in connection with the assessment of Government/Public Institution Service Fees on Transactions involving those Payment Devices. i) Eligible Merchants. Merchants operating in MCC 9311 (Taxes) are eligible to charge or to have Elavon charge a Govemment/Public Institution Service Fee to Customers in connection with Eligible Transactions listed in Section (5)(a)(ii) below. ii) Eligible Transactions. Eligible Merchants may charge or have Elavon charge a Government/Public Institution Service Fee only in connection with the following "Eligible Transactions": 1) Federal personal income taxes; 2) State personal income taxes; 3) heal estate and other property taxes; 4) Federal business income taxes; 5) State business income taxes; 6) Federal payroll/unemployment taxes; 7) State payroll/unemployment taxes; or 8) Sales and use taxes. iii) Transaction Requirements. The following requirements apply to Eligible Transactions under this Section (5)(a). 1) Merchant must provide Elavon with the necessary documentation to facilitate Elavon's registration of Merchant in the "Visa Tax Payment Program," the "MasterCard Convenience Fee for Eligible Government and Education Payments" program and/or the convenience fee program of Discover Network, in each case to the extent applicable and required. 2) The Government/Public Institution Service Fee must be disclosed to the Cardholder prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not wish to pay the Government/Public Institution Service Fee. 3) The Govermment/Public Institution Service Fee must apply in the same amount regardless of the Credit Card type or signature Debit Card type (with the exception of Visa Consumer Signature Debit) accepted for payment of a given Eligible Transaction within a particular payment channel. This requirement does not apply to payments made by ACH, cash, check or PIN -based Debit Card. 4) The Goven ment/Public Institution Service Fee must not be advertised or otherwise communicated as an offset to the merchant discount rate. 5) The Government/Public Institution Service Fee cannot be charged for recurring payments. The Government/Public Institution Service Fee is designed for one-time payments, not for payments in which a Cardholder authorizes recurring charges or debits. 6) Merchant must accept Visa as a means of payment in all channels (i.e., face-to-face, mail/telephone, and Internet environments, as applicable). 7) Merchant must feature the opportunity to pay with Visa at least as prominently as all other payment methods. b) Merchants Not Accepting Visa Ciards for Eligible Tr ns. The following requirements apply to Merchants accepting Credit Cards and/or signature Debit Cards other than Visa (i.e., Merchants accepting MasterCard cards and/or Discover Network cards but not accepting Visa cards) that desire to charge or to have Elavon charge Govemment/Public Institution Service Fees on Eligible Transactions. i) Eligible Merchants. Merchants operating in MCCs 8211 (Elementary Schools), 8220 (Colleges/Universities), 9211 (Courts), 9222 (Fines), 9311 (Taxes) and 9399 (Miscellaneous Government Services) are eligible to charge or to have Elavon charge a Govemment/Public Institution Service Fee to Customers in connection with Eligible Transactions listed in Section (5)(b)(ii) below. ii) Eligible Transactions. Eligible Merchants may charge or have Elavon charge a Government/Public Institution Service Fee only in connection with the following "Eligible Transactions": 1) Payments to elementary and secondary schools for tuition and related fees, and school -maintained room and board; 2) Payments to colleges, universities, professional schools and junior colleges for tuition and related fees, and school - maintained room and board; 3) Payments to federal courts of law that administer and process court fees, alimony and child support payments; 4) Payments to government entities that administer and process local, state and federal fines; 5) Payments to local, state and federal entities that engage in financial administration and taxation; or 6) Payments to Merchants that provide general support services for the government. iii) Transaction Requirements. The following requirements apply to Eligible Transactions under this Section (5)(b). 1) Merchant must provide Elavon with the necessary documentation to facilitate Elavon's registration of Merchant in the "MasterCard Convenience Fee for Eligible Government and Education Payments" program and/or the convenience fee program of Discover Network, in each case to the extent applicable and required. 2) The Government/Public Institution Service Fee must be disclosed to the Cardholder prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not wish to pay the Government/Public Institution Service Fee. 3) The Government/Public Institution Service Fee must apply in the same amount regardless of the Credit Card or signature Debit Card type accepted for payment of a given Eligible Transaction within a particular payment channel. Terms and Conditions for Assessment of Government/Public Institution Service Fees Eta ov n GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 This requirement does not apply to payments made by ACH, cash, check or PIN -based Debit Card. 4) The Government/Public Institution Service Fee must not be advertised or otherwise communicated as an offset to the merchant discount rate. c) Additional Requirements for Merchants Utilizing Proprietary Solutions or Value Added Servicers. i) POS Devices. Merchant is responsible for ensuring that its software, POS Devices and card acceptance procedures fully comply with Elavon's instructions, including with respect to programming of software and POS Devices to handle Eligible Transactions to ensure proper assessment of Government/Public Institution Service Fees. If the Government/Public Institution Service Fee is Elavon- managed, Merchant is further responsible for complying with all requirements as provided by Elavon from time to time to appropriately process the Eligible Transactions to qualify for optimal Interchange rates within five (5) days of Elavon's communication to Merchant of the same. If Merchant fails to make changes to its POS Devices or card acceptance procedures requested by Elavon within five (5) days of the request, Elavon may, in its discretion, discontinue the program or suspend a certain payment type. Further, if Merchant fails to make such changes and the Government/Public Institution Service Fee is Elavon- managed, Elavon may adjust the Government/Public Institution Service Fee amount, bill the Merchant for charges in excess of the Government/Public Institution Service Fee to recover losses related to Transactions that did not qualify for optimal Interchange rates or for applicable Credit Card Associations' reimbursement programs, including, but not limited to, losses related to Merchant's failure to distinguish between pricing of Visa signature Debit Cards and all other card types for transactions processed within the Visa Tax Payment Program. ii) Approval Required to Charge or Adjust Government/Public Institution Service Fee. Merchant may not charge or adjust Government/Public Institution Service Fees unless Merchant has disclosed such fees to Elavon previously in writing and Merchant has been approved by Elavon to charge or adjust such Govemment/Public Institution Service Fees. If Merchant charges or adjusts a Government/Public Institution Service Fee without having disclosed such fee or adjustment previously in writing and obtained Elavon's consent, Merchant will be in breach of the Agreement and Elavon may immediately terminate the Agreement in addition to pursuing any other remedies available under the Agreement, Laws and Payment Network Regulations. iii) Value Added Servicer. Merchants accepting Visa cards for Eligible Transactions who utilize proprietary solutions or Value Added Servicers to manage a Government/Public Institution Service Fee must comply with Attachment 1, attached hereto. 6) ADDITIONAL PROCESSING REQUIREMENTS. If Merchant voids an underlying Eligible Transaction, the associated Government/Public Institution Service Fee must be voided as well. If Merchant processes a refund for an underlying Eligible Transaction, Merchant must disclose to Customers that Government/Public Institution Service Fees are non-refundable. Merchants that desire to charge or to have Elavon charge Government/Public Institution Service Fees will be assigned separate MIDs for use in connection with Eligible Transactions and related Government/Public Institution Service Fees. MIDs assigned for use with Eligible Transactions and/or Government/Public Institution Service Fees may not be used to process Transactions that are not Eligible Transactions. 7) PAYMENT AND TRANSACTION TYPES SUPPORTED. Government/Public Institution Service Fee capability for Credit Cards and/or signature Debit Cards depends on the Merchant's MCC, as described above, and the Payment Network Regulations of the applicable Credit Card Association. Government/Public Institution Service Fee capability is supported only through Elavon products specified on Exhibit A hereto. Not all payment and transaction types are supported for all products. Additionally, Merchant proprietary software, POS Devices, or Value Added Servicers may be certified to process Elavon-managed Government/Public Institution Service Fee Transactions. Closed network prepaid cards, electronic benefits transfer, and dynamic currency conversion are not supported for Government/Public Institution Service Fee processing. Terms and Conditions for Assessment of Govemment/Public Institution Service Fees Elavn GOVERNMENT ENTITIES AND INSTITUTIONS ADDENDUM TO TOS v.09.08.10 ATTACHMENT 1 to T&Cs GOVERNMENT/PUBLIC INSTITUTION SERVICE FEE PROCESSING REOUIREMENTS FOR MERCHANTS USING PROPRIETARY SOLUTIONS OR A VALUE ADDED SERVICER I. Underlying Eligible Transactions The following data must be inserted in the listed fields when creating the authorization and clearing requests for the underlvine Eligible Transaction (the tax liabilitv navment). FIELD NAME VALUE Merchant Category Code 9311 — Tax Payments Merchant Name The following lists the format and information for each type of tax collected for this field: ■ Federal tax payments, you must use "US Treasury Tax Payment" ■ State Income Tax: NN — State Income Tax, where NN represents the state, for example, CA — State Income Tax ■ For all other taxes: Taxing Authority — Tax Type, for example: ✓ Sales Tax: NN Franchise Tax Board— Sales Tax ✓ Business Income Tax: NN Franchise Tax Board -- Business Income ✓ Property Tax: NN Funds E-Pa — Real Estate Merchant City Merchant customer service 2hone number. Merchant State Merchant state two letter acronym (NN), for example, CA; (not the state of the provider). ECI Indicator 0 Use 1 or 4 for phone -initiated (MOTO) payments. ■ Use 5, 6, 7, 8 or 9 for Internet -initiated a ents. Merchant Verification Value This value is used for large federal tax payment requests only. If appropriate, Visa will assign and notify you of your unique MVV value. Local Tax In the Sales Draft Record (TC05), Transaction Record 6 (TCR6), positions 5-16 "Local Tax"), insert the value of "0" = "00/o" tax rate. Local Tax Included In the TC05, TCR6, position 17 ("Local Tax Included"), insert a value of " T' _ Transaction is not subject to tax. 1. Government/Public Institution Service Fee Transactions e following data must be inserted in the listed fields when creating the authorization and clearing requests for the :iovernment/Public Institution Service Fee. FIELD NAME VALUE Merchant Cate ory Code 9311 —Tax Payments Merchant Name The following lists the format and information for each type of tax collected: ■ Federal tax payments, you must use "US Treasury Tax Payment Service Fee" ■ State Income Tax: NN — State Income Tax Service Fee, for example, CA — State Income Tax Service Fee ■ For all other taxes: Taxing Authority — Tax Type Service Fee, for example: ✓ Sales Tax: NN Franchise Tax Board — Sales Tax Service Fee ✓ Business Income Tax: NN Franchise Tax Board — Business Income Service Fee ✓ Property Tax: NN Funds E-Pa — Real Estate Service Fee Merchant City Merchant service phone number. Merchant State Merchant state two letter acronym (NN), for example, CA; (not the state of the provider). ECI Indicator a Use I or 4 for phone -initiated (MOTO) payments. ■ Use 5, 6, 7, 8 or 9 for Internet -initiated payments. Local Tax In the Sales Draft Record (TC05), Transaction Record 6 (TCR6), positions 5-16 "Local Tax" ), insert the value of "0" = "0%" tax rate. Local Tax Included In the TC05, TCR6, position 17 ("Local Tax Included"), insert a value of" 2" _ Transaction is not subject to tax. Elavon Government/Public Institution Service Fee Requirements for Merchants using proprietary software or a Value Added Servicer Elan& (City of Tamarac, FL) SECOND ADDENDUM TO TERMS OF SERVICE dtd 09,15.11 FINAL SECOND ADDENDUM TO TERMS OF SERVICE This Second Addendum to the Terms of Service ("Second Addendum") clarifies, amends and supplements the Merchant Application dated 09/28/2011 which incorporates the Terms of Service (version August 2011), as amended by the Government Entities and Institutions Addendum dated 09/28/2011 , (collectively the "Agreement"), by and among the City of Tamarac, Florida ("Merchant") and Elavon, Inc. (collectively, the "Parties"). In consideration of the mutual covenants and agreements and intending to be legally bound hereby, the Parties hereby covenant and agree as follows: 1. Except as otherwise defined in this Second Addendum, capitalized terms used herein shall have the same meaning ascribed to such terms in the Agreement or the Merchant Operating Guide. below. 2. The term "Addendum Effective Date" shall mean the date specified in the signature block of Elavon 3. Section A(15)(a) of the Terms of Service is hereby deleted and replaced with the following: Term. Unless terminated as set forth below, the Agreement will remain in effect for a period of four (4) years ("Initial Term") following the date of acceptance of the Merchant Application by Elavon and Member, which date shall be the date upon which the Agreement becomes effective. Thereafter, if the parties mutually agree each year, the Agreement will renew for successive one (1) year terms ("Renewal Term"). If Merchant processes Transactions beyond the Initial Term or Renewal Term, then the terms of the Agreement shall govern such Transaction processing. 4. Except as expressly modified above, the Agreement remains unaltered and in full force and effect. IN WTINESS WHEREOF, the parties hereto have executed this Second THE CITY•T'AM B[✓�� Michael C. Cernech PRINT Title: City Manager ELAVON, I By: N / PRINT _wex ru'r- . Title: p Date: September 28, 2011 ("Addendum Effective Date")