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3.10 3.10 AGREEMENTS\On-Line Payments for Recreation Ser\ices—MyRec and Priority Payment Systems RegFeePayments- -4--4-16 RESOLUTION AUTHORIZING MERCHANT PROCESSING APPLICATION AND AGREEMENT WITH PRIORITY PAYMENT SYSTEMS AND RECREATION MANAGEMENT SOFTWARE AGREEMENT WITH MYREC.COM TO PROVIDE FOR ON-LINE PAYMENT OF PARKS & RECREATION PROGRAMS AND ACTIVITIES RESOLUTION NO.: ,2016 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 122, 2015, the Queensbury Town Board authorized a Merchant Application and Agreement with ETS providing for a payment system whereby the general public can view their Town water and sewer bills and/or make their water and sewer bill payments online via credit cards, and WHEREAS, the Town of Queensbury's Director of Parks and Recreation has recommended that the Town Board now enter into a Merchant Processing Application with Priority Payment Systems and a Recreation Management Software Standard Agreement with MyRec.com, which will provide for on-line registration and payment via credit cards for the Town's Department of Parks and Recreation programs and activities, and WHEREAS, Town Counsel has reviewed the proposed system and the Priority Payment Systems Merchant Processing Application and Agreement and has determined that it is in accordance with the Town's internal procurement policies and procedures, and WHEREAS, the Software Standard Agreement with MyRec.com is also in form acceptable to Town Counsel, and WHEREAS, the Town Board believes it to be in the public interest to authorize such Agreements as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Merchant Processing Application with Priority Payment Systems and Recreation Management Software Standard Agreement with MyRec.com to provide for on-line registration and payment via credit cards for the Town's Department of Parks and Recreation programs and activities, substantially in the forms presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreements and any documents necessary to effectuate this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 4h day of April, 2016, by the following vote: AYES NOES ABSENT: PRIORITY MERCHANT PROCESSING APPLICATION AND AGREEMENT la PAYMENT SYSTEMS Relationship Cheryl Garabedian Association Reg.Fee Payments Next G.n.r.tion Bank Card Solutions Sales Rep Name ray foley Application Date 2/2/2016 1.GENERAL INFORMATION 2.BUSINESS LOCATION INFORMATION 3.BUSINESS STRUCTURE Page 1 of 4 Client's Business Name(Doing Business As) Client's Corporate/Legal Name(Must match IRS income tax filing) Queensbury Park&Recreation Town of Queensbury Location Address Corporate Address(e Different Than Location) 742 Bay Road 742 Bay Road City State Zip City State Zip Queensbury NY 12804 Queensbury NY 12804 Location Phone Location Fax Contact Name Contact Phone 518-761-8216 518-798-3194 Steve Lovering 518-761-8216 Customer Service Phone Prior Security Breach? Business Email D&B# 518-761-8216 Yes X No stevel©queensbury.net Business Website Address Fed Tax ID#(Must match IRS income tax fang) Tax Type EIN Multiple locations? Yes X No eves,enter s or locations Tax Filing Name Additional location to existing MID Town of Queensbury Send retrievaUchargeback requests to Date Business Started Length Current Ownership X Corporate Address Location Address 01/1763 253 Years Send monthly merchant statements to - Corporate Address - Location Address R Do Not Mail Sole Prop Partnership LLC/LLP C Corp S Corp X Govt.(LocaVStarelfederal) 501c/Tax Ex. State Filing: NY I certify that I am a foreign entity/nonresident alien. NOTE:Failure to provide accurate Information may result In a withholding of merchant funding ❑(If checked,please attach IRS Form W-a.) per IRS regulations.(See Part IV,Section A.3 of your Program Guide for further Information.) OWNER/PARTNER/OFFICER 1 OWNER/PARTNER/OFFICER 2 TRADE REFERENCE Name Name Business Name RegFeePayments Tile %.Ownership Title %Ownership Business Address 0% 710 Cricket Hill Rd,Po Box Home Address Home Address City State Zip Killington VT 05751 City State Zip City State Zip Contact Ray Foley Telephone Telephone Telephone 802-558-1352 Social Security# Date of Birth Social Security# Date of Birth Account# EmaN Address Email Address Prior Bankruptcies? Yes X No Business and/or Personal Date Discharged: 6.NATURE OF BUSINESS 7.TRANSACTION INFORMATION(see Section 9 American Express) us netts ype: Retal -estaurant 'air a ep ••ne•• .er ntemet 0.9 ng uperma et ovemment Petroleum Utilities Healthcare Education QSR Charity/Non Profit B2B Other Requested Monthly Payment Card Volume $3,200.00 Card Present Swiped 0% Sales to Consumers 95% Requested Average Payment Card Ticket $250.00 Card Present Not Swiped 0% Sales to Business 5% Requested Highest Payment Card Ticket $2,500.00 MOTO 0% Sales to Govt. 0% Seasonal Merchant? Yes X NO ,,•.,:,;, ;, ,,, Internet(Ecommerce) 100% Days to Delivery J FM A M J J A B O N D Previous Processor None Reason For Leaving Description of products or services sold recreational activities Describe your return policy as per web site 8.BANKING ACCOUNT INFORMATION Depos Bank ame Routing# Account# ACH Method: Bank Address Location Bank Phone _Combined X Individual X Checking Savings PPS1709 Priority Payment Systems Is a registered ISO of Wells Fargo Bank,NA,Walnut Creek,CA PPS1709 • • 9.SERVICE ACCEPTANCE AND FEE SCHEDULE Page 2 of 4 Select all card types you wish to accept(See Section 1.9 of the Program Guide for details regarding limited acceptance) X Visa Credit X Visa Non-PIN Debit )( MasterCard Credit X MasterCard Non-PIN Debit X Discover Network X American Express PIN Debit _ Credit _ Select VI/MC/Discover Network Discount Plan: (Based on Gross Sales Volume) Discount Payment Method: Daily X Monthly Tiered Basic X Flat Rate Pass Through WC Enhanced Recover Reduction(ERR) Assessments: X Included Bill Separately- - (If Pass Through VC-Assessments MUST Bill Separately) Select PinDebit Discount Plan 0.00 %Markup Brand Fees: X Included Bill Separately Debit Network Fee Pass-through+ (If Pass Through I/C-Brand Fees MUST Bill Separately) ��-c i �. ,c i5•a fnr. �-� Zc^���.S�c ��`�'2 iz�c'"� 5'}t} ."c is -:S Sri � � ,r+"yr,t•et' `q, � ��, .-e a -s • { c#�- `� 'r, �,p3csbt,g # IDs' k . t .,t�•eretaa ' o5Glet{T�::F@eSrY.§ T .°.•. .{ wteo ees-ill? _ ,''j) �..*,`,ka ?g,10''f.,v=4'f ',, ?;,4.{y, �,v ..Siva . �is'.�...t`5�i�� 4.YC� ...,.. . QUAUFICATION �ISC.FEE(%) •ER ITEM($) QUALIFICATION )ISC.FEE(%) IER ITEM($) l QUALIFICATION )lSC.FEE(%) •ER ITEM($) vac= 4,-=4ti,h .... wi 8:i &.,r, is o_ ,�Yt ill' h�: 13i k OIR�`i � m a 'acnT� 7e-ititi.. .. '.;:7;-4-='5t.' ;i a Credit Qual 3.50 $0.00 Credit Qual 3.50 $0.00 Credit Dual 3.50 $0.00 Credit Mid-Quad 0.00 $0.00 Credit Mid-Quad 0.00 $0.00 Credit Mid-Quat 0.00 $0.00 Credit Non-Quad 0.00 $0.00 Credit Non-Qual 0.00 $0.00 Credit Non-Quad 0.00 $0.00 CheckCard Qual 3.50 $0.00 ChedcCard Qual 3.50 $0.00 CheckCard Qual 3.50 $0.00 CheckCard Mid-Qual 0.00 $0.00 CheckCard Mid-Qual 0.00 $0.00 CheckCard Mid-Qual 0.00 $0.00 ChedcCard Non-Oual 0.00 $0.00 CheckCard Non-Dual 0.00 $0.00 ChedcCard Non-Qual 0.00 $0.00 Credit Pass Through IC 0.00 $0.00 Credit Pass Through IC 0.00 $0.00 Credit Pass Through IC 0.00 $0.00 ChedcCard Pass CheckCard Pass CheckCard Pass Through IC 0.00 $0.00 Through IC 0.00 $0.00 Through IC 0.00 $0.00 ERR 0.00 $0.00 ERR 0.00 $0.00 ERR 0.00 $0.00 1........44 „_ :'_ ;' "`rs;'."-"§m -ww.5 .0.17.144Ma. • t z*..^;,"„y: :..,t. .1 2taf-:ianti:'s�? ltaSralr,44046 MMit aiMec Ante fr,OtrefiX44"rs::'?`t sK - 7 ,z AI applicable Association fees will be passed through to the merchant at the applicable costs assigned by the Association.Fees Include,but are not I Voyager 0.00 $0.00 inked to Visa's APF Misuse of Authorization Fee,Zero Floor urns Fee,Acquirer ISA Fee,and MasterCard's NABU Fee Acquirer Support Fee Cross Border Fee,and Discover IPF ISF,Data Usage fee,Amex Net Work Fee M al. I}x k y 1t :*,i t �y Jl n.sn t : ...* { ; .,$fie{ -t S ,. r �.. j s' cat'* _��....:ca- ..v..�.,�._!� �Ata.��.�.,..`.._,�,'.,a.3",�.�4,.3...,i,�'��,_.,,. .,n.3_�...^� _'�. °�',T�*._. SnfiS-,.w`a4'A.a u�v„� ;�.A•..-,m.:x.*is�.,.�'i.,'�.w�°�...a. �illy.. .Yn� •�'t` c ..._t- -"" 'mom .. "� ---cc E x - :7414.n " �. 'xfir nits.. .=P' a'£} -- `-,s:, --� ':.,.,..r..;m.4. ..,mss,_. � ALA .awl 4 . e.'V T� ,s n, ;., .,-- ,,i,:y4''�cis.-n �» rt•'�1 " ' � i.. . 4, ...:: a+u , OptBlue Set Monthly $32,000.00 QUALIFICATION DISC.FEE(%) PER ITEM($) Card Volume Credit Qual 3.50 $0.00 OptBlue sst Average $250.00 Order New Use Existing Card Ticket Credit Mid-Qual 0.00 $0.00 OptBlue sw Highest Card Ticket $2,500.00 CAP# Credit Non-Quad 0.00 $0.00 SE# Existing SE# Select OptBlue sm Discount Plan: Credit Pass Through IC 0.00 $0.00 Tiered Basic X Flat Rate ERR 0.00 $0.00 1 Pass Through I/C Monthly flat fee of$7.95 or Discount Rate may apply Enhanced Recover Reduction(ERR) Fee applies to all American Express Programs. "0.30%downgrade wa be charged by American Express for transactions whenever a CNP or Card Not Present Charge occurs.CNP means a Charge for which the Card is not presented at the pod of purchase(e.g., Charges by mail.telephone•fax or the Internet).Note:The CNP Fee Is applicable to transactions made on ali American Express Cards,Including Prepaid Cards. An Inbound fee of 0.40%will be applied on any Charge made using a Card,Including Prepaid Cards,that was Issued outside the United States(as used herein,the United States does not include Puerto Rico,the U.S.Virgin Islands and other U.S.tenitorles and possessions).This fee Is applicable to ail Industries Noted In Appendix B,except Education in the following categories:Sporting a Recreation Camps(MCC 7032),Elementary&Secondary Schools C 8211 C• _•es Universities Professional Schools CC...•• and Chid Care Services C 8351. �, tit ,:i- c}3 � -.ice „t,71,7�. �.trt - lygi 1. `- •�` 'i. 71 y -_S -z�. ' 73v °r rt .a- .:y.,s +_,„'`a_._u.L, ...,.«,r..,?, .;._•.,,,,,.�r _ca, ..t,_ - . l c... ».z,!t ,. � f.x.d- �r ,'<Wai t s ?! � t ., ._..•? a,t. .,s .,s_ fir... Visa/MC/Discover Network $0.00 Electronic AVS $0.05 Monthly Minimum $0.00 Industry Compliance $0.00 Amex/Fleet/Other $0.00 Voice Authorization $1.00 Wireless Fee $0.00 Monthly Service Fee $0.00 Pin Debit Authorization $0.00 Voice AVS $3.00 PIN Debit Fee $0.00 Misc Monthly Fee $0.00 (if applicable per Section 4.8 of the Merchant EBT Authorization $0.00 Industry Non-Compliance Up to$19.95 Program Guide) d--.'"*.'qt x n .•r.7."01 .n$ "r37 t= „ ,z .T7, e� fi' 0 yF a,..a�. , - **..*Ct�d" 3.v....e T F".�5 - °?e,.: r t�,_ - a c Y 3 " a .,� ��� W-Y4 L. �Ei#gN 1 'h '� 3 * y1tr 1,0l>4� _A y ..srN:,�■ *:� Sales Transaction Fee $0.00 (Per Item) Chargeback Fee $0.00 (Perocc1fenLe) MX Merchant Monthly Fee $0.00 (All card types) Retrieval Fee $0.00 Om°cc1fe1ce) MX Merchant Plan X_Reporting _ Basic _Pius Return Transaction Fee $0.00 (Per tem) (Al card types) Annual Fee $0.00 -Premium - Enterprise Batch Fee $0.00 (per kem) MX Gateway Transaction Fee $0.00 Annual Fee Bill Month ACH Reject Fee $30.00 (aeroewr a) Bill to X Statement _Separate In the event that this Agreement is terminated early,Merchant MN be responsible for the payment of a$270.00 early termination fee in accordance with Part N,Section A.3 of The Merchant Program Guide. PPS1709 Priority Payment Systems is a registered ISO of Wells Fargo Bank,NA,Walnut Creek,CA PPS1709 • 0.OTHER CARD TYPES Page 3 of 4 Accept EBT _Yes X No Order Voyager Yes X No Order ACH/Check Services _ Yes X No— Accept EBT Cash Benefit _Yes X No Order Wright Express _ Yes X No (Must attach addendum wth app copy) (Must attach Wright Express appication and Debranding letter Order Gift Card Yes X No with app copy) (Must attach addendum with app copy) 1a.EQUIPMENT/PROCESSING METHOD No Equipment Type Product Name Deployment Deployed By IP Connection Platform 1 VAR Authorize.NET Omaha Existing Sales Rep No Omaha 'Manufacturer/product/version of PCAnternet Software Authorize.net Do you use any third party to store,process,or transmit cardholder data? _Yes X No If yes,give name/address: ORDER LEASE Lease Company First Data Global Leasing Lease Term Mos. Annual Tax Handling Fee $10.20 — Total Monthly Lease Charge w/o taxes,fates fees,or other charges that may apply-See Lease Agreement for details. This is a NON-CANCELLABLE lease for the full term indicated Client's initials: 11b.CARD NOT PRESENT INFORMATION if you process more than 30' o your bankcard transactions,or vo ume,without swiping and/or examining the credit ca •,please complete this section and provide the Information requested. 1.Please submit your Product catalog;brochures;promotional materials;a current price list;and a copy of your service agreement with card holder if applicable.If on the Internet,please include screen-prints of your website address if your site is not yet active. 2.If Internet,please check your type of business: Web Hosting Domain Registration Web page Design Auction Internet Service Gateway Selling Digital Service Advertisement Selling Hard Goods X Other. Recreation Department If using the Internet,list encryption method,vendor,and controls used to secure transaction information ssI 3.How will the product be advertised or promoted? On website,in flyers and local town media 4.Billing Methods:(Check all that apply) Monthly- Yearly- Quarterly- X One Time- 100% Hourly- 5.List the name(s)and address(es)of the vendor(s)from which supplies are purchased. n/a 6.Who performs product/service fulfillment?If direct from vendor,please provide Vendor Name,address and phone number in full: n/a 7.Please describe how a sale takes place from beginning of order until completion of fulfillment n/a • PPS1709 Priority Payment Systems is a registered ISO of Wells Fargo Bank,NA,Walnut Creek CA PPS1709 • • 12a.SITE INSPECTION(Completed by Sales Agent) Page 4 of 4 I have personally conducted a Site Inspection for this merchant,visually inspected the merchant's inventory(rf applicable),verified the merchant's payment application is PABP(Payment Application Best Practices)validated(if applicable),and represent that the information in this merchant application is accurate, as to the best of my knowledge. I am subject to criminal penalties and/or financial losses for false or misleading information. Sales Agent Name(printed) Signature X 12b.Annotation 4.OWNERS/PARTNERS/OFFICERS 5.TRADE REFERENCE Client certifies that all information set forth in this completed Merchant Processing Application Is true and correct and that Client has received a copy of the Program Guide(Version PPS1709)and Confirmation Page.which is part of this Merchant Processing Application(consisting of Sections 1-13)and by this reference incorporated herein.Client acknowledges and agrees that we,our Mutes and our third party subcontractors and/or agents may use automatic telephone dialing systems to contact Client at the telephone number(s)Client has provided in this Merchant Processing Application and/or may leave a detailed voice message in the event that Client is unable to be reached,even if the number provided is a cellular or wireless number or if Client has previously registered on a Do Not Cal list or requested not to be contacted Client for solicitation purposes.Client hereby consents to receiving commercial electronic mail messages from us,our Affiliates and our third party subcontractors and/or agents from time to time.Cient further agrees that Client will not accept more than 20%of its card transactions via mail,telephone or Internet order.However,if your Application is approved based upon contrary information stated in Section 7,Transaction Information section and Section 9,American Express above,you are authorized to accept transactions in accordance with the percentages indicated In that section.This signature page also serves as a signature page to the Equipment Lease Agreement appearing ht the Third Party Section of the Program Guide,If selected,the undersigned Client being the'Lessee'for purposes of such Equipment Lease Agreement.Client authorizes PRIORITY PAYMENT SYSTEMS('PRIORITY')and Weis Fargo Bank.N.A.(BANK')and their respective agents to investigate the references,statements and other data contained herein and to obtain additional Information from ered2 bureaus and other lawful sources,including persona and companies names in this Merchant Processing Application.Client authorizes PRIORITY and BANK and their respective agents(a)to procure information form any consumer reporting agency bearing his/her personal credit worthiness,credit standing,aedi capacity,character,general reputation,personal characteristics,or mode of living,and(b)to contact all previous employers,personal references and educational Institutions.Each of the undersigned also authorizes us and our Affiliates to provide amongst each other the information contained In this Merchant Processing Application and Agreement and any Information received from all references,including banks and consumer reporting agencies. It is our policy to obtain certain information in order to verify your identity while processing your account application,If the Application is approved,each of the undersigned also authorizes us to obtain subsequent consumer reports In connection with the maintenance,updating.renewal or extension of the Agreement. Client authorizes PRIORITY and BANK and their affiliates to debit Client's designated bank account via Automated Clearing House(ACH)for costs associated with the equipment hardware,software and shipping. You further acbrowtedge and agree that you wit not use your merchant account and/or the Services for legal transactions,for example,those prohibited by the Unlawful Internet Gambling Enforcement Act,31 U.S.C.Section 5361 at seq.as may be amended from time to time,or processing and acceptance of transactions in certain jurisdictions pursuant to 31 CFR Part 500 et seq.and other laws enforced by the Office of Foreign Assets Control (OFAC). Client certifies,under penalties of perjury,that the federal taxpayer identification number and corresponding Bing name provided herein are cooed. Client agrees to all the terms of this Merchant Processing Application and Agreement.This Merchant Processing Application and Agreement shall not take effect until Client has been approved and this Agreement has been accepted by PRIORITY and BANK. Client's Business Principal/Officer Signature: Title: Print Name: Date: Signature X Title Print Name of Signer Date Personal Guarantee:In exchange for PRIORITY and Weis Fargo Bank,NA(the Guaranteed Parties)acceptance of,as applicable,the Agreement,and/or the Equipment Lease Agreement,the undersigned uncondMOnay and irrevocably guarantees the full payment and performance of Client's obligations under the foregoing agreements,as applicable,as they now exist or modified front time to tine,whether before or after termination or expiration of such agreements and whether or not the undersigned has received notice of any amendment of such agreements.The undersigned waives notice of default by Client and agrees to indemnify the Guaranteed Parties for any and all amounts due from Client under the foregoing agreements.The Guaranteed Parties shall not be required to first proceed against Client to enforce any remedy before proceeding against the undersigned.This is a coal wing personal guaranty and shall not be discharged or affected for any reason.The undersigned understands that this is a Personal Guaranty of payment and not of collection and that the Guaranteed Parties are relying upon this Personal Guaranty in entering into the foregoing agreements,as applicable. Personal Guarantee Signature: Print Name: Date: Personal Guarantee Signature X Print Name: Date Accepted By Priority Payment Systems,LLC Wells Fargo Bank,NA, P.O.BOX 246, Alpharetta,GA 30009-0246 1200 Montego Way,Walnut Creek,CA 94598 Signature X Signature X Title Date Title Date PPS1709 Priority Payment Systems is a registered ISO of Wells Fargo Bank.NA,Walnut Creek,CA PPS1709 PPS1709(ia) PART I: CONFIRMATION PAGE PROCESSOR Name: Priority Payment Systems INFORMATION: Address: P.O.Box 246,Alpharetta,GA 30009-0246 URL: wwW prioritypaymentsystems.com/manuals/PPS1709programguide.pdf Customer Service#: 1400-935-5961 Please read the Program Guide in its entirety.It describes the terms under which we will provide merchant processing Services to you. From time to time you may have questions regarding the contents of your Agreement with Bank and/or Processor.The following information summarizes portions of your Agreement in order to assist you in answering some of the questions we are most commonly asked. I. Your Discount Rates are assessed on transactions that qualify for certain otherwise payable to you(see Card Processing General Terms in Section 24,Term; reduced interchange rates Imposed by MasterCard,Visa and Discover.Any Events of Default and Section 25,Reserve Account;Security Interest), under certain transactions that fall to qualify for these reduced rates will be charged an circumstances. additional fee(see Section 19 of the Program Guide). 7. By executing this Agreement with us you are authorizing us and our Affiliates 2. We may debit your bank account(also referred to as your Settlement to obtain financial and credit information regarding your business and the signers Account)from time to time for amounts owed to us under the Agreement. and guarantors of the Agreement until all your obligations to us and our Affiliates 3. There are many reasons why a Chargeback may occur.When they are satisfied. occur we will debit your settlement funds or Settlement Account.For a more 8. The Agreement contains a provision that in the event you terminate the detailed discussion regarding Chargebacks see Section 10 of Card Processing Agreement prior to the expiration of your initial three(3)year term,you will be Operating Guide. responsible for the payment of an early termination fee as set forth in Part IV,A.3 4. If you dispute any charge or funding,you must notify us within 60 days under"Additional Fee Information". of the date of the statement where the charge or funding appears for Card 9. if you lease equipment from Processor,it is important that you review Section Processing. 1 in Third Party Agreements.Bank is not a party to this Agreement.THIS IS A 5. The Agreement limits our liability to you.For a detailed description of NON-CANCELABLE LEASE FOR THE FULL TERM INDICATED. the limitation of liability see Section 21,28.7,31.3,and 33.10 of the Card 10. For questions regarding your Merchant Processing Application and General Terms. Agreement,please contact Customer Service at 1-800-935-5961,and/or 6. We have assumed certain risks by agreeing to provide you with Card refer to Important Phone Numbers on the Additional Important processing or check services.Accordingly,we may take certain actions to Information Page,Part IV,Section A.S. mitigate our risk,including termination of the Agreement,and/or hold monies I I. Card Organization Disclosure Visa and MasterCard Member Bank Information:Wells Fargo Bank N.A. The Bank's mailing address is 1200 Montego,Walnut Creek,CA 94598,and its phone number is(925)746-4143. Important Member Bank Responsibilities: Important Merchant Responsibilities: a) The Bank is the only entity approved to extend acceptance of Visa a) Ensure compliance with Cardholder data security and storage requirements. and MasterCard products directly to a merchant. b) Maintain fraud and Chargebacks below Card Organization thresholds. b) The Bank must be a principal(signer)to the Agreement. c) Review and understand the terms of the Merchant Agreement. c) The Bank is responsible for educating merchants on pertinent Visa d) Comply with Card Organization Rules and applicable law and regulations. and MasterCard rules with which merchants must comply;but this d ne e) Retain a signed copy of this Page. information may be provided to you by Processor. g py is Disclosure Pa g d) The Bank is responsible for and must provide settlement funds to f) You may download"Visa Regulations"from Visa's website at: the merchant. http://usa.visa.com/merchants/operations/op regulations.html e) The Bank is responsible for all funds held in reserve that are g) You may download"MasterCard Regulations"from MasterCard's website at: derived from settlement. httpJ/wwwutastercard.com/us/merchant/support/rules.html f) The Bank is the ultimate authority should a merchant have any problems with Visa or MasterCard products(however,Processor also will assist you with any such problems). Print Client's Business Legal Name: By its signature below,Client acknowledges that it has received(either in person,by facsimile,or by electronic transmission)the Merchant Processing Application,Program Terms and Conditions[version PPS I 709(ia)]consisting of 42 pages[including this Confirmation Page and the applicable Third Party Agreement(s)]. Client further acknowledges reading and agreeing to all terms in the Program Terms and Conditions.Upon receipt of a signed facsimile or original of this Confirmation Page by us,Client's Application will be processed. Client understands that a copy of the Program Guide is also available for downloading from the Internet at: www.prioritypaymentsystems.com/manuals/PPS I 709programguide.pdf NO ALTERATIONS OR STRIKE-OUTS TO THE PROGRAM TERMS AND CONDITIONS WILL BE ACCEPTED. Client's Business Principal: Signature(Please sign below): X Title Date Please Print Name of Signer PPS1709(ia) • AGREEMENTS\Addendum to Priority Payment Systems Agreement—RegFee Payments—4-4-16 ADDENDUM TO MERCHANT PROCESSING APPLICATION AND AGREEMENT WITH REG FEE PAYMENTS Notwithstanding anything in the Merchant Processing Application and Agreement between RegFeePayments and the Town of Queensbury (New York) to the contrary, the Town of Queensbury shall not pay the costs associated with payment by credit card or debit card; all costs shall be paid by the payer as an additional charge to them. Such cost of the payer shall equal 3.50% of the amount which will be charged by and paid to RegFeePayments or its processing company. The term of this Agreement shall begin on the date of execution and continue for three (3) years from that date. In addition, the Town of Queensbury will be billed for fees that result from losses and charge backs (loss disputes) as are normal in the credit card industry. Dated: ,2016 TOWN OF QUEENSBURY By: JOHN F. STROUGH,TOWN SUPERVISOR REG FEE PAYMENTS By: ITS DULY AUTHORIZED OFFICER Nov Th1\,'1! jFE2c . Co m Killington, VT 05751 1-866-GoMyRec info @MyRec.com Fhone: 1-866-466-9732 Fax: 802-422 3839 MyRec.com Recreation Management Software STANDARD AGREEMENT This Agreement is made this 18th day of March, 2016 between: Business Name("Client"):Queensbury Parks&Recreation Having its principal place of business at: Address: 742 Bay Rd City: Queensbury State: MA Zip: 12804 Phone: (518)761-8216 And Business Name:MyRec.com Having its principal place of business at: PO Box 302 City: Killington State:VT Zip:05751 Phone: 866-466-9732 Fax: 802-440-3074 Email: info @myrec.com In consideration of Client retaining MyRec.com to provide recreation management software with online registration for Client, it is agreed as follows: 1.Compensation and Term The above named Client retains MyRec.com,and MyRec.com agrees to perform the following services: Recreation management software with online registration.Client is solely responsible for all data entered into the software. Term shall be April 1,2016 to March 31,2017. The following fees shall apply: Core Prices Annual System Fees Fee Annual Revenue Minimum Annual Revenue Maximum Level $2,895 $0.00 $50K 1 $3,295 $50K $100K 2 $3,595 $100K $200K 3 $3,995 $200K $300K 4 $195 For each$LOOK over$300K 5+ Fee of$4,190 Includes: Web based software with unlimited training&support, program management, online registration portal/website,facility scheduling, reservations,memberships with card scanning,financial reporting,team management, email marketing,after school/camp programming, point of sale inventory, domain, hosting, SSL,and more.There are no other annual software fees. NIIIPP ThIi1jRE2c , . corn gPO. Box751 Killin ton, VT 05751 1-866-GoMyRec Info@MyRec.com Phone 1-866-466-9732 Fax: 802-422-3839 One-time Fees Fee: Using Preferred Processor Fee: Using Own Processor Item $0.00 $350 Base Online Registration Setup $0.00 $100 Gateway Setup for Online Registration $0.00 $750 Data Entry and Training $500(optional) $500(optional) Design Option:Customized Site Look *Preferred processor is Priority Payment Systems 2.Warranties by MyRec.com MyRec.com represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement;that it will perform said services in a professional and competent manner;that it has the power to enter into and perform this Agreement;.However, Client will not determine or exercise control as to general procedures,formats or sub- contracting necessary to have these services meet Client's satisfaction. 3. Independent Contractor MyRec.com acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture. 4. Confidentiality MyRec.com recognizes and acknowledges that this Agreement creates a confidential relationship between MyRec.com and Client and that information concerning Client's business affairs,customers,vendors,finances, properties,methods of operation,computer programs,and documentation, and other such information,whether written,oral,or otherwise, is confidential in nature.All such information concerning Client is hereinafter collectively referred to as"Confidential Information." 5. Non-Disclosure MyRec.com agrees that,except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers,and other matter in its possession or control that relate to Client. 6.Grant Client agrees that copyrights to MyRec.com's work product produced in the performance of this Agreement shall remain the exclusive property of MyRec.com,and that it will not sell,transfer, publish,disclose or otherwise make the work product available to third parties without MyRec.com's prior written consent.Any rights granted to Client under this Agreement shall not affect MyRec.com's exclusive ownership of the work copyright. IN WITNESS WHEREOF, Client and MyRec.com have duly executed this Agreement as of the day and year first above written. MyRec.com Queensbury Parks & Recreation Name: Ray Foley Name: Title: President Title: Date: 3/18/16 Date: Signature: Signature: