SUPPORTING DOCUMENTS (2A-6E) (full text)
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Page 1
NOTICE OF PUBLIC HEARING
ZA
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the
Town of Aurora on the 27% day of April, 2026 at 6:30 PM at the Aurora Municipal
Center located at 575 Oakwood Avenue, East Aurora, New York, 14052, at
which hearing parties and interested citizens shall have an opportunity to be
heard on proposed Local Law 8-2026 to increase the salary of the Highway
Superintendent. All interested parties are entitled to be heard upon said Local
Law at said public hearing. Copies of said proposed Local Law are available for
review at the Town Clerk office during normal business hours or on
www.townofaurorany.goy.
By Order of the Town Board of the Town of Aurora
Jeanne Viger
Town Clerk
Town of Aurora
Page 2
TOWN OF AURORA
LOCAL LAW INTRO ¥ - 2026
LOCAL LAW __- 2026
A Local Law to Increase the Salary of the Town Highway Superintendent
During the Term of Office
Be it enacted by the Town Board of the Town of Aurora as follows:
Section 1: Legislative Intent
It is the intent of this local law to provide an increase in the annual salary for the elected office of
David Gunner for the remainder of 2026, in accordance with the provisions of the New York
State Municipal Home Rule Law. This increase is in excess of the amount specified in the notice
of the public hearing on the preliminary budget published pursuant to Town Law § 108.
Section 2: Authority
This local law is enacted pursuant to Municipal Home Rule Law § 10. To the extent necessary,
this local law supersedes any inconsistent provisions of the Town Law or other applicable laws
relating to the timing or adjustment of salaries of elected town officers, consistent with the
authority conferred by the Municipal Home Rule Law.
Section 3: Salary Increase
Effective as hereinafter provided, the annual salary for the Highway Superintendent shall be
increased from the current amount of $110,331.00, to the new amount of $115,331.00 for the
year 2026, effective as of January 1, 2026.
Section 4: Budgetary Authorization
The Town Board hereby authorizes and directs that the Town budget be amended as necessary to
fund the salary established herein, including any inter-fund or intra-fund transfers and
modifications in accordance with applicable law and fiscal procedures.
Section 5: Severability
Tfany clause, sentence, paragraph, or section of this local law shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not impair the validity of the remainder
of this local law, but shall be confined in its operation to the clause, sentence, paragraph, or
section directly involved in the controversy.
Page 3
Section 6: Subject to Permissive Referendum
Pursuant to Municipal Home Rule Law § 24, this local law is subject to a referendum on petition
(permissive referendum). This local law shall not take effect until (i) thirty (30) days have
elapsed after its adoption without the filing of a valid petition requesting that the local law be
submitted to the electors for approval, or (ii) if a valid petition is filed within such period, until
approved by a majority of the qualified electors voting thereon at a duly held referendum.
Section 7. Notice; Filing; Publication and Posting
The Town Clerk is hereby directed to:
* cause to be published and/or posted, in the manner required by law, a notice setting forth
an abstract of this local law and stating that it is subject to a permissive referendum; and
¢ file a certified copy of this local law with the New York State Secretary of State as
required by law.
Section 8: Effective Date
This local law shall take effect in accordance with Section 6 above, upon the expiration of the
period for filing a petition for a permissive referendum without such a petition being filed, or, ifa
valid petition is filed, upon approval by a majority of the qualified electors voting thereon and
subsequent filing with the Secretary of State.
Page 4
ZB
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the
Town of Aurora on the 27' day of April, 2026 at 6:30 PM at the Aurora Municipal
Center lecated at 575 Oakwood Avenue, East Aurora, New York, 14052, at
which hearing parties and interested citizens shall have an opportunity to hear
public comment on Special Use Permit and Site Plan applications for a former
restaurant and bar to be converted into indoor play and separate part areas,
and the outdoor areas to be used seasonally at 612 Buffalo Road, East Aurora,
NY. All interested parties are entitled to be heard upon the said proposals at said
public hearing. A copy of the proposals are available for review at the offices.of
the Town Clerk. during normal business hours or on the Town website
www.townofaurorany.gov
By Order of the Town Board of the Town of Aurora
Jeanne Viger
Town Clerk
Town of Aurora
Page 5
TOWN OF AURORA
575 OAKWOOD AVENUE, EAST AURORA, NY 14052
BUILDING DEPARTMENT
(716) 652-7591
FAX (716) 652-3507
MEMO
TO: Chuck Snyder, and Town Board Members
FROM: Doug Crow, Chairman, Planning Board
DATE: April 2nd, 2026
-The following actions were taken at the April 1*, 2026, meeting of the Planning Board
~Chairman;Doug Crow;acktiowledged there will be 7 voting members, Ben Garvey will be a
voting member. .
‘-Laurie Kutina made‘a motion to the Planning Board to recommend to the Town Boatd,to
~~» approve the SUP requést:for.612 Buffalo Road, requested by tenant, Casey Caldiero, owner of ~
Village Play, as submitted. oO Lo Boa
Seconded by: Ben Garvey : - Ba
Upon a vote being taken: a . a
Ayes- seven eget Noes- none - ~. Motion carried:
Tim.Stroth made a motion to. the Planning Board to recommend to the Town Board, to approve
the Site Plan for 612 Buffalo Road, requested by tenant, Casey Caldiero, owner of Village Play,
as submitted, :
Seconded by: Ben Garvey
Upon a vote being taken: . .
Ayes- seven Noes- none Motion carried.
Tim Stroth made a motion to the Planning Board to table the application for 298 Ellicott Road.
Applicant not present. Additional information required for review.
Seconded by: Chris Contento
Upon a vote being taken:
Ayes- seven Noes- none Motion tabled.
Page 6
TOWN OF AURORA
575 OAKWOOD AVENUE, EAST AURORA, NY 14052
BUILDING DEPARTMENT
(716) 652-7591
MEMO
TO: Supervisor Snyder and Town Board Members
FROM: — Elizabeth Cassidy, Code Enforcement Officer
DATE: — March 17, 2026
-. » The Building Department has accepted Special Use Permit (SUP) and Site Plan applications for
---612 Buffalo Rd, by Casey Caldiero of Village Play, as tenant. The request is to relocate her
children’s play center from the Village to the property on Buffalo Rd. The former restaurant and
bar will be converted into indoor-play area and sepatate party areas, and the outdoor areas will’ be
used seasonally. The kitchen will remain. The property is zoned C3 and this use is a
commercial recreational facility, which is allowed by Special Use Permit in the C2 District.
The site plan has been requested because of the play structures that will be constructed on the
property. The plan is that the play area will be located on the volleyball court and the outdoor
patio seating will remain for patrons. The majority of the code requirements for a site plan do
not-apply for this particular application.
Town Codé requires the Town Board refer the applications to the Planning Board for their
review and recommendation. The application shall also be referred to the Erie County Planning
Department as per GML 239-m. After receiving the Planning Board recommendation the Town
Board shall schedule a public hearing. A SEQR determination is required prior to a Town Board
decision on the applications.
Both applications are Unlisted actions for purposes of SEQRA.
Please contact me if you have any questions.
liz
Page 7
{ESSER A
‘Town of Aurora Town Board
NY, 14052
" 878 Oakwood Avenue, Bast Aurora
, _ Speck al Use Permit Applicseta ationeis For m
2
sea tinea oassseenspsbae essai
.
in PROJECT INFORMA
I TION (ApplicantPatitloner):
Business/Projact Name: _ Vl\aoe. Vio,
Business/Project Address: _ Towa BOE aS As VON metHHO52.
Applicant Name: C S30 OG NOVENT
Mailing Address: iOS DALADYWS.
oly Cosk AOWOVAR State NV ZP_ EZ _
PhoneHly Ud LIBS Fak Email COSCU ele Olay.corv)
LC Avr Ic Ri Vo
- Interest in the property (ex: ownerfpurchaser/developer)_
does not sign below, please
I PROPERTY OWNER INFORMATION “e different than Applicant AND the Owner
subrnit and orlainal, notarized ' “Owner Authorization” form-~ attached):
Property Owner(s) Name(s)__- ol2. ok fal © 1032: L CS eae:
Ifa corporate, please name a a rth officer: Ot Claw) [. ch In | ak
Address PASO “wane
a State Oy a ZIP. JSaLS
(esr ENE a
rene OLLE- CYB 7 a Ea Wisin ox aan
il, SPEGIAL USE AND PROPERTY. INFORMATION:
(O\ Z ONG €. Ss Aavoud KSV. UCB? 4
Property Address.
saa fl4}.O00- | (A — a c
Waile\ (en @. Oh A eA,
Describe Special Use requested. (use additidnal pages if needed)
_Cosseo ar, (UNO (Hen, QULGCdorpiaul
SA Ose REO
size in acres
Properly LAC Propeity Frontage trin feet =
Zoninng Distriot_ CA ‘Surrounding Zoning 03,0; AA
Current Use.of Property rere (eStOLAY a
Size of existing building(s): LALL? sf Size.of proposed bul iin (6) . ad i
Present/Pror tenantiige: SOD cones a
Parking spaces: Existing: ney Proposed additional spaces: NWA" “Total th. es —
Page 8
Proposed water seiiee: OS _ publieetna private (well) t/a Is this existing Gis
Proposed sanitary sewer: vata, PUBIC a private (septic). n/a is this existing (IN
Hours of operation tt applicable):
Day ___| Monday "| Tuesday "| Wednesday |Thureday [Friday | Saturday | Sunday | By Appt.
Hours |4a eee ss ae NO Us zs sD ce
Paak hours: oar) oy .
Number of employees (if applicable): Fulltime 2 Parttime | ae Seasonal —
Upon approval of this application, the ‘applicant intends to apply for: (Chack all that apply}
a. Building Permit “i
b. Sigh Permit
N.. SIGNATURE (This application must be signed by the applicant/oetitioner. if the applicant is not
ihe owtier of the property,a separate-owner authorization form must be submittad — see pg. 4}
Connuph oD
Signature of Applicant/Petitioner
ae
Ca se Cordes
Print name of Applicant/Petitioner
State of New York; County of Erle
on theGnd tay ot Ma een the year 20 20%sefors me, the
above individual appeared, personally known to me on the
basis of satisfactory evidence to be the Individual whose
name is. subscribed fo the within instrument and
acknowledged to me that he/she/they executed the same
ae
fot stat et en ~ a AVET vie a
eH THC,
a 'g .* +s 4,
Nota Pane ihn PUBLIC
‘ore
‘ Qualified in
Erle Count ty
{Notary stamp}
Office Use Only:
Application reviewed by:
Page 9
Narrative Description of Proposed Activities
Village Play - 612 Buffalo Road, East Aurora
Village Play is proposingto relocate its existing business from 651 Oakwood Ave to 612 Buffalo Road
within East Aurora. The relocation will allow the business to operate in a larger, safer, and more
accessible facility while expanding programming and services to better serve local families.
Village Play is an indoor children’s play and enrichment center designed primarily for children ages infant
through elementary and their caregivers. The proposed location will include a large indoor play floor
featuring age-appropriate play structures and activity stations. Open play will be offered daily from 9:00
AM to 7:00 PM.
In addition to open play, the business will host birthday parties and will have the ability to accommodate
multiple parties simultaneously in designated rental areas. The space will also be available for private
rentals such as baby showers, community gatherings, and third-party vendor-led classes.
The proposed site includes outdoor space that will be used for seasonal and weather-permitting
activities, such as climbing structures, water tables, a sand-digging/play area, and other supervised
outdoor programming like summer camps. Summer offerings may include ice cream sales as part of the
food and beverage program. We do not have plans for outdoor music.
The business currently employs 7 staff members and anticipates expanding to approximately 10
employees with the larger facility and increased programming. The proposed site includes approximately
150 parking spaces, which will adequately support the anticipated usé and occupancy levels for the
facility.
The facility will also feature:
.« Asmall coffee bar and expanded food and beverage service for patrons
« Daytime co-working and small office rental opportunities
e Kitchen rental availability for small local food businesses during designated hours
Altactivities will be supervised by staff. The business will operate as a family-focused community space
designed to provide safe recreational play, educational enrichment, and small-scale private event
hosting.
Village Play is committed to maintaining a well-managed, clean, and safe environment that aligns with
the character of the surrounding community.
Thanks!
Casey Caldiero
Owner | Village Play & Village Play Voyager
716.544.2188 | www.Village-Play.com
Page 10
eae 13 6 2S MO RAT LR A ne UBER gaged pasate ate *
Shor’ Environmental Assessnient Form
Part » Peajecit Informatiot
Lustructions for Conrploting
Part i ~ Project Information, The applicant or profeat spottsar ts tespanalble for the completion of Part 1. Reaponses teconse part of the
application for approval or finding, are subject to public review, and maybe subject (o furtthar ‘vorification, Goniplete Part 1 based ou
isfortnation currently available, [Faddittonal reseucch or invesligaiton would be needed to fully respond fo any Hens, please taswet as
thoroughly as possible based on current fiformation,
Coraplete all items in Part 1. You may also provide any additional information whieh you believe will be needed by or usefil to the
lead agency; atiach additional pages a necessary to supplement any them,
Parti ‘Project aad Spou eNO
Nante of Action or Bistect:
age”Pauy
| Vi\lao?e Plow
Project Location desoribe, and aflach a location nip):
‘Brief Deserl
(a Bostkalo &h cast Porat wy
vo of Proposed A tion:
44052.
Mose X30 LISSn BUS ws Wess Village
sat ape ey
(\U, see ray Cun
bo onc im
oN Quer SCY | ae
ioe
Name of Applicant of Shonson : “Tolepl Hone: al rea +? (ie
Address:
lasey Corcrere
05 Saint: st .
MIC OSOY@ IVAge Play} con |
| City/PO: Easy. Aa) Yo CA - oe . State: WY 2ip at
OS 2 Te
ir Does the arenased action only involve the iagielatie adoption ofa plan, local law, ordinance, No YES
administrative cole, or regulation?
IF Yes, sflach a natrative desoription of the intent of the proposed action and the environmetital resouteds that - Cc] a
may be affected in the municipality and proceed to Pari 2. [fno, contiriue to question-2,
2. Does the proposed action require a permit, approval or funding from any other, - govertinient Agency? \ | NO | YES
if Ves, list agency(s).nante and permit or approval: “1% -
3.
a
a, Tolal acreage of the site of the proposed =i
UIA HONG,LAAP noresPONE” .
| ET | OF
: b, Total-acreage to be physically disturbed? So acres
6, Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or Project sponsor? AA - avies +
4, Cheek al lead tiseg that oveur on, are adjoining or near the proposed action: / s
[oJ Dibun Pen (iomagrieutture) [2]: tadustriat Commercial ESsResidenttal (suberban)
7} Forest [2] Agricnlinre EZ] Aquatic [C] Other(Specily)s
$2 Parldand
Paue | of 3 SEBAF S010
Page 11
rs. ts the proposed action, ° : " " “= " HO | VBS | NA
i. A permitted
use under the zoulig regulations?
| Al [__]
b, Consistent with the adopted comprehousive plan? im let [|
_ — — — Wo | YES |
6, Is the proposed actlon consistent with the predominant chatactor of the existing ballt or natural landscape? a —
7. Te the ste of the proposed action located in, ot does ft adjoin, a slate listed Critical Environmental Arca? RO YES
If Yes, identify: 7 im j
MES &)
YES
8. oa ‘Will the proposed action result in a substantial increase in traffic above present levels?
ooo
i b. Are public transportation services available at or near the site of the proposed action?
& Are any pedestrian accommodations or bicycle routes available on or neat the site of the proposed
action?
9. Does the proposed ; action mect or exceed the state enerey code fequirements? YES
[fthe proposed action will exceed requirements, describe design features and technologies:
10, Will the proposed action connect to an existing public/private water supply? NO | YES
IfNo, deseribe method for providing potable water: Cl - |
LL. Will the proposed action connect to existing wastewater utilities? No | VES
If No, deseribe method for providing wastewater treatment: privat. St Oh & :
[er]
12. a, Does the project site contain, or is it substantially contiguous fo, a building, archacological site, or district NO FES
which is sted on the National or State Register of Historic Places, or that has been determined by the :
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the iN |
State Repister of Historic Places? ; oneeinn Ramee
b. Is the project site, or any portion of It, located in ‘or adjacent to an area desipnated as sensitive for bad LI] '
archaeolupieal sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
13, a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain ” NO. | YES
wetlands or other waterbodies regulated by a federal, state or local agency? (iS Cl “
b, Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? — Ta rq
H¥es, identify the wetland or waterbody and extent of alterations in square feet or acres: _ BESS
Poge 2 of 3
Page 12
ria Tdentlly the typical habitat types that oecur of, dr dre [ely Ww be found ou the project
site. Check all that apply:
(JShorelite [Z] Forest [] Ageeultaval/gewslands [7] Bory mid-suceesetonal
Chwedend {C) urban Plsububan
TS. Does the site of tie proposed action contain any syetier GF antiial, of assodinted habitats, listed by the Stated or | Ney YRS
Pederal government us threatened or endangored? j Cj
16. Isthe project site located in the 100-year flood plant N Was
17, Will the propose action
ne create stor water discharge, &elihot from point or non-point sources?
__ {3
tf Yes, :
I
a. Will storm water discharges flow to adjacent properties?
Id
b. Will storm water discharges be ditected to established conveyance systems (runoff and. storm drains)?
If Yes, briedly desariba:
io
18 Does ihe proposed action include constraction or other activities that would result in the impoundment of water NO 1 YES
or other liquids (6.g., retention pond, waste lagoon, darn)?
If Yes, explain the purpose and size of the impoundment:
19. Has the site of the pr posed action or.an adjoining property ‘been the! location ofan i petive or closed solid waste NO_ YES
management facility? : i
If ¥os, deseribo:
20.Aas the site of the proposed action or an adjoining pe operty beet the subject of remediation (ongoing or : WO} ¥RS i
completed) for hazardous waste? . : ~ -
If Yes, desoriber .
a.0]
' CERTIFY THAT THE INFORMATION PROVIDED ABOVE 15 TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Co CL, Co ich END Date: 4 a./ alo
Signature: ( Beste ColetraraS Titles, 3 3. Alen
PRINT FORM Page 3 of 3
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Page 17
Town of Aurora Social Media Policy 51
Adopted: 02/12/2024
Revised: 03/09/2026, 04/15/2026
Trani |
UT ORG:
co NY
Town of Aurora Social Media Policy
1,0, Objective
In consideration of the preferred method by which many residents communicate and obtain information
online, the Town of Aurora (the “Town”) wishes to use social media technologies:
¢ to encourage residents to engage more actively in town government;
* to make the Town’s government more open and transparent; and,
* to convey Town-related information to its residents, employees, and visitors.
2.0. Purpose
The purpose of this Social Media Policy (the “Policy") is to establish enforceable rules and guidelines for
the creation and use by the Town of social media on Town-operated social media pages. The Town is also
interested in strategically posting information on its social media sites and protecting the content
attributed to the Town.
3.0. General Policy
3.1 The Town's official website (http://www.townofaurorany.gov) remains the Town’s primary and
predominant internet presence.
3.2 The Town has one primary official social media page for each social media service or
application that it maintains, which is clearly labelled as “Town of Aurora, NY.” The Town Board
authorizes other social media pages for specific departments in Appendix A to this Policy, which
the Town Board may amend from time to time. The Town's elected officials, employees, and
appointees shall not create any other Town social media page unless the Town Board amends
Appendix A to this Social Media Policy in writing.
3.3. The Town will have and actively maintain a social media presence on the following social media
platforms:
3.3.1 Facebook
3.3.2 Instagram
3.3.3 YouTube
3.4 No other social media platforms are authorized.
3.5 The Town will use social media as consistently as possible.
3.6 All Town social media pages and persons posting content are subject to all federal and New
York State laws and regulations, including New York State retention requirements including, but
not limited to, the Freedom of Information Law (FOIL), Open Meetings Law, Open Public
Records Act, Public Officers Law, and information security policies of the Town.
3.7 _ All Town social media pages must, when technically possible:
3.7.1 Clearly state that the Town complies with this Social Media Policy and display or hyperlink
to this Social Media Policy;
3.7.2 Link to the official Town website, including for forms, documents, online services, and other
relevant information;
3.8 Town social media pages may contain content including, but not limited to, advertisements or
hyperlinks over which the Town has no control. The Town does not endorse any hypertink or
advertisement placed on the Town’s social media pages by the social media page's owners,
vendors, or partners.
Page 1 of 5
Page 18
Town of Aurora Sacial Media Policy
Adopted: 02/12/2024
Revised: 03/09/2026, 04/15/2026
3.9 The Town Board may amend this Social Media Policy at any time.
4.0. Social Media Page Administration
4.1. The Town Board shall appoint two or more social media administrators per social media page
(“Administrators”) to manage and post on the official Town-approved social media pages. Any
elected official or Town employee may be appointed as an Administrator. All approved social
media administrators are listed in Appendix A
4.2. Administrators will have administrative access to all aspects of the Town's social media pages to
which they are assigned.
4.3. The Supervisor, Town Clerk, Councilmembers, Department Heads, Town Attorney, and
Administrators may initiate any posting on a Town social media page to which they have access
by providing the content to an Administrator.
4.4, Any Administrator may post content for publication on the social media page to which they have
been assigned in Appendix A provided that the Administrator has signed the Social Media
Compliance Form as per the form in Appendix B.
4.5. The Supervisor and 1 Councilmember (or 2 Councilmembers, or the Town Attorney and
Supervisor) may at any time request that content be edited or removed from a social media page
for any reason, after which the content may only be posted if approved by the Town Board at a
regularly scheduled meeting of the Town Board.
46. Notwithstanding the above, any Town employee may post videos of Town Board or other
committee meetings to the Town’s official YouTube channel.
5.0. Content Guidelines
5.1. The content of posts should be limited to the following:
5.1.1. To disseminate information during emergency situations.
e E.g., “Knox Road is closed near Gypsy Lane due to a water main break. Please
take an alternate route.”
5.1.2. To promote a Town-sponsored event;
e E,g., “Tonight the Town Board will be holding a public hearing to discuss Item X.
6:30 pm at the Aurora Municipal Center on 575 Oakwood Ave.”
e E.g., “Sign up now until Jan. 31 for bowling classes! Ages 4-8. $10 for residents,
$20 for non-residents.”
5.1.3. To inform residents and visitors about a community event that is happening in the Town of
Aurora for the purposes of ensuring safety;
e E.g., “Main Street will be closed this weekend for EA Music Fest. Please stay safe.”
5.1.4. To announce video livestreams:
« E.g., “The Town of Aurora Board is meeting tonight. You can watch on Youtube at
link.”
5.1.5. To announce job openings with the Town:
* E.g., “The Town of Aurora Highway Department is hiring an MEO! If interested,
please apply here: link.”
5.1.6. To announce new Town employees:
e Eg., “Jane Doe has started as our new Assistant Code Enforcement officer today.
Jane has lived in the Town of Aurora for 75 years, is a graduate of the University of
East Aurora, and worked for the West Falls Water Authority for 10 years. Welcome
Janel”
5.1.7. To announce budget information:
e¢ E.g., “The Town of Aurora Preliminary Budget is now available online.”
5.1.8. To announce new policies, adopted laws, and other initiatives of the Town.
« E.g., “The Town of Aurora is now offering reduced lunches to Senior Citizens at the
Senior Center on Tuesdays at 12:00 pm. No registration is necessary.”
5.1.9. To provide safety information:
Page 2 of 5
Page 19
Town of Aurora Social Media Policy
Adopted: 02/12/2024
Revised : 03/09/2026, 04/15/2026
° E,g., “Remember that Rte. 240 in West Falls has a speed limit of 30 m.p.h. Please
adhere to this limit!
5.1.10. To market Town and other community-oriented programs:
* .g., “Hamlin Park Day Camp signups starts next week. Don’t forget!”
5.1.11. To provide updates on Town services:
e Eg., “Our first shift is heading out to plow the roads. Track our trucks via GPS
using this link: link. Stay safe!”
¢ E.g., “Remember that garbage pickup all this week is delayed one day due to the
holiday.”
5.1.12. To provide informational posts on historical events in the Town of Aurora
¢ E.g.: “100 years ago this month, the Millard Fillmore Theatre, which was located
just east of where the Aurora Theatre is located today.”
5.1.13. To post dog control information
¢ E,g.: “We found this dog this morning on Mill Rd. Please let us know if you have
any information about the owner.”
5.2. Postings may not contain any personal information, except for the names of employees who
have recently been hired (all positions) and employees in the following positions whose Job
duties include being available for contact by the public: Assessor, Assistant Code Enforcement
Officer FT, Assistant Code Officer PT, Building and Zoning Clerk, Clerk to Town Justice, Code
Enforcement Officer, Deputy Town Clerk, Director of Recreation, Director of Recreation ll, Dog
Control Officer, Dog Contro! Officer RPT, Highway Maintenance Clerk, Receiver of Taxes,
Recreation Leader (Senior Citizens), Recreation Specialist, Recreation Supervisor, Secretary to
Zoning and Planning Boards, Town Clerk, and Town Historian.
5.3. Administrators shall not post any information that does not pertain to Town-sponsored or Town-
endorsed services, programs, news and events.
5.4, Town social media page posts and comments containing any of the following are strictly
prohibited:
5.4.1, Comments not related to the post or article;
5.4.2. Comments in support or opposition to political campaigns or ballot measures;
5.4.3. Profane language or content;
5.4.4. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed,
color, age, religion, gender, marital status, status with regard to public assistance,
national origin, physical or mental disability, gender identity, or sexual orientation;
5.4.5, Sexual content or links to sexual content;
5.4.6. Solicitations of commerce;
5.4.7. Conduct or encouragement of illegal activity;
5.4.8. Confidential or Town personnel matters;
5.4.9. Information that may compromise the safety or security of the public or public systems;
5.4.10. Content that violates the legal ownership interest of any other party;
5.4.11. Defamatory attacks;
5.4.12. Threats to any person or organization;
5.4.13. Private contact information;
5.4.14. Spamming or repetitive content;
5.4.15. Content that incites violence;
5.4.16. Comments unrelated to the particular post being commented on;
5.4.17. Comments containing vulgar, offensive, threatening, or harassing language, personal
attacks, or unsupported accusations;
5.5. The Town may restrict or remove any content or comments that is deemed in violation of this
Social Media Policy or any applicable law.
5.6. Any Administrator may remove any content or comments that are prohibited based on this
Social Media Policy. That Administrator must first screenshot the comment that is being deleted
(or hidden) and send the screenshot to [email protected] with a description of the
reason why the comment was removed, the date and time it was removed, and the identity of
the poster, when available. [email protected] is a shared email that sends to the
Page 3 of 5
Page 20
Town of Aurora Social Media Policy
Adopted: 02/12/2024
Revised: 03/09/2026, 04/15/2026
supervisor, councilmembers, and to an [email protected] email address that
will store the message in case it is needed in the future.
5.7. Comments posted by a member of the public on a Town social media page are the opinion of
the commentor only.
5.8. Any attempts to hack or otherwise compromise the Town's social media pages will be reported
to law enforcement.
5.9. The Town reserves the right to deny access to Town social media pages for any individual who
violates this Sociai Media Policy at any time without prior notice.
5.10. The Town will post this Social Media Policy on its website.
5.11. The following must be posted on all Town social media pages: “By visiting this site, you
understand and agree that the Town of Aurora’s social media pages are provided “AS IS.” The
Town of Aurora makes every effort to provide accurate and complete information on this
website. The information contained on this website is not official or in any way shall it be
deemed to be legal notice where such legal notice is required by law. The information contained
in this site is provided as a convenience to people needing information about the Town of
Aurora's local government. Portions of the information on this site may be incorrect or not
current. The Town of Aurora government, its officers, employees, and agents are not liable for
damages or losses of any kind arising out of or in connection with the use or performance of
information including, but not limited to, damages or losses caused by reliance upon the
accuracy or timeliness of any such information, or damages incurred from the viewing,
distributing, or copying of these materials.”
Appendix A: List of Approved Town Social Media Pages and Administrators
Administrators
Town of Aurora, NY
Town of Aurora, NY
Joseph McCann; Charles
. Snyder, Jeanne Viger
Town of Aurora, NY
| Town of Aurora Highway o's” Blizabeth Deveso, David
Department : = : Gi Ray. Wrazeri
Town of Aurora Dog Control
Town of Aurora Recreation Lo : 2 7 Christopher: Musshafen, :
- Department = ance Meaghan: Tent, Joseph McCann
Town of Aurora Historian Shenk = FEGOISI=O
Town of Aurora Historian 4 cet er, Charles Snyder
Climate Smart Community
Task Force
The Town Supervisor must have administrative access to all social media pages.
Appendix B: Social Media Administrator Acknowledgement (See attached.)
Page 4 of 5
Page 21
Jeanne Viger
5¢
From: Raymond Wrazen
Sent: Tuesday, April 14, 2026 7:44 AM
To: Jeanne Viger
Subject: FW: Feb Open Spaces Meeting
Jeanne
Below is Kerrie Gallo’s resignation from the Open Space Committee. It was effective immediately. Let
me know if you need anything else. So currently we have one opening after the approval of Mike
Raliegh last night.
Thanks
RAYMOND WRAZEN
Councilmember, Town of Aurora
575 Oakwood Ave.
East Aurora, NY 14052
[email protected]
oy
Toundt
\urora’
WY
From: Kerrie Gallo <[email protected]>
Sent: Thursday, February 26, 2026 5:16 PM
To: Phillip Payne <[email protected]>; Deborah Fenn <[email protected]>; Henry Selkirk
<[email protected]>; Raymond Wrazen <[email protected]>; John Hughs <[email protected]>; Brad
Felton <[email protected]>; Michael Raleigh <[email protected]>; [email protected]
Subject: Re: Feb Open Spaces Meeting
Hi Open Space Committee Members,
I've decided | need to step away from committee membership. It's been a pleasure serving on the
committee, and I've enjoyed meeting you all and working with you to protect the Town's resources. |
never want to be the person who just fills a seat without contributing, and | feel | don't have the time or
capacity with everything going on in my job and personal life to meaningfully contribute right now. I'm
happy to help identify some potential members within our community if you'd like some suggestions, and
| really appreciate the opportunity to have served the Town all of these years.
Respectfully,
Kerrie
Page 22
Charles Snyder
oD
From: Joe McCann
Sent: Wednesday, April 22, 2026 5:49 PM
To: Charles Snyder
Subject: Town Board Appointment
Supervisor Snyder,
| am writing to formally request that the appointment of Benjamin Garvey the Aurora Town Board be added to
agenda for our April 27th meeting. | intend to make a motion for the same. Please let me know if there is
anything else you need.
Thank you,
Joseph McCann
Deputy Supervisor
Town of Aurora
[email protected]
Page 23
O
Bankcard Merchant # 180 Name Iso# ‘agent Narre
MuriiciPAy 9628
Buslness LEGAL Name . , Tax ID # (required, 9 digits)
TOWN OF AURORA 16-6002169
8uslness DBA Name (if different from legal name) Company Website URL
TOWN OF AURORA TAX _; HTTPsAVWW. TOWNOFAURORA, COM
Buslness DBA Phystcal Address . ~ Business Malling Address) *
575 Oakwood Avenue - . 575 Oakwood Avenue
DBA Clty, State arid Zip Code _ > _ Malling City, State and Zip Code .
East Aurora, NY 14052 ; ......| East Aurora, NY 14052" . =
Business Phone Business Fax ae
(716) 652-3280 .
Contact Person ; : Title 5” "| eanalt
Charles Snyder oe = . . ’ | Town Supervisor ” canyder@townotaurota ‘com
Alternate Contact Persor! 7 . Title’ - ence Emiail* :
Jeanne Viger. te, ; Town Clerk.- _ WMiger@townofaurorany. gov
‘T¥pe-of Ownership: -- [2] Sole pibpretoran - 7] Partnership’ Ci cotporation ° = Ep Linitted Llabiity Company = LA Non-Profit Ee, ee
Total Time In Business : Time In Business at This Location . Y Bees
“Years. _ oo Months. Q Years “PT Moiiths ea
: ; ~ CONTROLLING MBNECER (ifdifferent):
Name ae “Title Name aa Title= races
Charles Snydér Town Supervisor .
Residential Address * Residential Address
City, State & Zip Code” nd Social Security Number (SSN) City, State & Zip Code Social Security Number (SSN)
Phone . . %Equity| Oate of Birth Phone % Equity) Date of Birth
Ownership! - {MM/DD/VYYY} . . Ownership (MM/DD/YYYY)
(For any other Individuals with 25% or more ownership, please complete Additional Beneficial Owner Form. a
Average Check/ACH Amount: Average Number of Checks/ACH Monthly:~
$5,000.00. LO : 50
Maximum Check/ACH Amount Requested: Estimated Monthly Check/ACH Volume:
$ 40,000.00 _ $ 50,000.00
: a = PRODUCT INFORMATION. °
1. Describe the product(s) or service(s} being sold: Tax Payments
2. Describe how check/ACH services are to be used (if different than above): NA.
3, How are products delivered? Municipal payment
4;Describe merchant's return/ refund pollcy:No refunds
5. Describe advertising/ sales / marketing protedures:NA
(J Inbound customer calls © [J Outbound customer calls [[] Print Advertisements [1] Point
of Sale {Face-to-Face} (1 other:
(1 Internet Advertisements [] Website “TO Direct Mail Ow
ACTION DESCRIPTOR
Company Name (as it should appear on consumer Sank Statement) Company Phone {as it should appear on consumer Bank Statement) *
Town of Aurora Tax (716) 652-3280
oe FQUIRED INFORMATION.
(&] completed Applicatton Bl Volded Check or Bank Letter
(21 Bank Statement (one month) (212 Months Bank or Processing Statements Applies to Swttsettle only
TD One of the Following: iicurrent Processing Statement [i Business ticense (£3 Utility BE (in business name unless Sole Proprietorship) (= Sales Tax License
[2 customer Authorization Form / Script (required for ACH Debit and Checks-By-Phone)
73 Eglin Pkwy NE, Suite 301, Fort Walton Beach, FL 32548
Application for Merchant Account ~ Check and ACH Processing REVO5152023 Page 1 of £1.
PLEASE NOTE: The complete Merchant Agreement Includes this Application and the Terms and Conditions on elght (8) additional pages.
Page 24
C] Guarantee: im Non-Guarantee
[s Transaction and Batch | % Discount Rate [s Return Is Reversal ]
% will be applied:
oO ‘Bil Pay (existing customers) E-Commerce
$ . Transaction % Discount Rate § Batch ]
$ Return $ Reversal
$ Monthly Mintmum, . $ Monthly Paya Services Virtual Terminal Fee
$. . Monthly Service Fee * $ *|Setup Fee
ot avallable for:Paper Check or-Che
§ ---+ "Transaction Fee is Return Fee Cutoff Time for swiftsettle Is 10 AM Central:
- Merchant will submit the following typa(s} of SwiftSettle transactions: Does merchant desire the abllity to choose which Wansadionst to process SwiftSettle? °
. ier Debits “J. “Consumer Credits im} YES, q need thls capability [Zi] No, all transactions will be SwiftSettle
OF
Merchant acknowledges that the total amount into the payment entry
system already Includes the convenience fee added to the total sale.*
Merchant acknowledges processor will add consumer convenlence fee
to the total amount entered into the payment entry system after the
transaction has been recelved.*
How Is the customer's conserit to electronically debit their account captured? Check the box and complete fields forall applicable programs:
1 st. Recorded Verbal Authorization (*Checks-by-Phone” — TEL)
1 Processor provided script i Merchant created script (must submit copy with application}
~-: [1] Please provide Instructions to access customer recordings. If only able to access internally, please provide contact name in the Otherfleld,
Via website URL:
“Login / Username: .| Password:
‘Vie a telephone#: _ Password:
Other / required info/lD: .
EK) 2. Web Authorization ("Checks-by-Web” ~ WEB}
[k] Customer provides electronic signature (1 customer logs in using a usemame / password
“Merchant's website meets minimum enctyptlon or security session requirements? (Minimum 128- bit RC4 encryption) . [R] Yes [E] No
Are any transactions to be Initlated fram a website other than the main company website supplied on page 1? 1 ves No
If yes, list other URL(s}:
(Important: Merchant Is required to post any point of sale consumer notice provided by processor)
1. Transactions will be submitted vi
Merchant will use a certified web gateway. (see certified web gateway lis Gateway: MuniciPAY
2. On NSF returns, processor automatically resubmits transaction:
TC] Yes (standard) JR] No (optional - not available for Guarantee services)
3. Please provide merchant’s technical contact’s Information so we may contact them te provide gateway or file specs, coordinate a test file, etc. Required if selecting
transaction submission methods of Internet Gateway or File Transmission.
Name; Emall Address: Phone:
Application for Merchant Account — Check and ACH Processing REVO5152023 Page 2 of 11,
PLEASE NOTE: The complete Merchant Agreement Includes this Application and the Terms and Conditions on eight (8} additional pages.
Page 25
if i
° Please provide first last name and clearly indicate what each person Iisted should be given access to (Attach a separate page If ne: ry.
Name: Accass Type: ["| Transactlon Reporting Only [[-| Transaction Inltlation Only (If using processor VT) [C} Both
Name: Access Type: ["] Transaction Reporting Only [7] ‘Transaction Initiation Only (if using processor VT) [7] Both
Access Type: [“| Transaction Reporting Only [[7] Transaction Initlation Only (If using processor VT) [7] Both
Access Type: [J Transaction Reporting Only [| Transaction Initiation Only {If using processor
VT} [7] Both ,
PERSONAL GUARANTEE
‘To induce Paya-EFT to enter Into the Agreement, | the undersigned {the “Guarantor”}, guarantee to Paya-EFT the due and punctual payrnent and performance of . ..
any and all of the present or future, direct or indirect, absolute or contingent Indebtedness, obligations and liabilities of thie Merchantnamed on this Application {and
~ Its successors arid assigns) which arlse pursuant to of in conhiectian with the Agréement as they become due from time to time (collectively the “Liabilities”) - .-
tegatdless of the place or manner In which the Labllittes arise or are evidenced, In any currency, whether incuriéd by the Merchant alone or with another or others
and whether as prinelpal or guarantor. If thls Guarantee ls executed by more than one party, the obligations of ail partles executing thls Guarantee shall be joint and
several and each such party shall, therefore, be severally llable for all of the obligations guaranteed hereby, notwithstanding'any discharge or unenforceability of thé
obligations with respect to any other party executing this Guarantee, The Guarantor shall pay or perform the Liabilities Immediately on demand ‘without any .
-/requirement that payment or performance of any of the Liabilities has heen demanded from the Merchant. The Guarantor will pay and performithe Liabilities <7
without regard to (i) any equities between the Guarantor and the Merchant or the Guarantor anid Paya-EFT; or (ii) any defense or right of set-off, combination of -
accounts or appropriation or arly cross-claim which the Merchant or the Guarantor may have, The amount of the Liabilities at any time shall be deerried to be as
stated by Paya-EFT based on its records, absent manifest error, The Guarantor Walves all defenses to any action of proceeding to enforce thls Guarantee,
‘This Guarantee shall not be limited, lessened, réléased or discharged by thé recovery of any Judgment against the Merchant or any other person, by any Voluntary oF
involuntary liquidation, dissolution, winding-up, merger or amalgamation of the Merchant or any other person, by any sale or other disposition of all or substantially
all of the assets of the Merchant, or by any Judicial or extra-judictal receivership, Insolvency, bankruptcy, assignment for the benefit of creditors, réorganization, -
moratorium, arrangement, composition with creditors or other proceedings affecting the Guarantor, the Merchant or any other person. The Guarantor shall reim= ~
burse or indemnify Paya-EFT on demand for all costs and expenses {including legal fees and disbursements ona solleltorand-his-owr-client basis) pald or Incutred in
enforcing the Liabilities, This Guarafitee shall enue to the benefit of the successors and asslgns of Paya-EFT, This Guarantee Is binding upoh the Guarantor, and any |
~|hélrs, executors, legal representatives, siccessors and assigns of the Guarantor
and Is effective until the obligatians of the Guarantor hereunder have been :
permanently pald or performed in full. : : : ee : es - :
MERCHANT
AGREED AND ACCEPTED: | have read and agreeto the Personal Guarantee; eee Ee ale =
Personal Gliarantor Signature». ” Printed Name © . * |Title a os Dated
4x : .
-ACH AUTHOREATION
ACH Debit/Credit Authorization: Merchant hereby authorizes Paya:EFT in accordance with this Agreement to Initiate debit/credit entries to Mercha int’s
checking account, as Indicated per the attached copy of a volded check from same. The authority is to remaln in full forcé and effect until {a). One hundred
and twenty (120) days after Paya-EFT has received written notification from Merchant of its termination in such a manner as to afford Paya-EFT reasonable
opportunity to act on it, and (b} all obligations of Merchant to Paya-EFT that have arisen under this agreement have beéh ald in full. Moose
Bank NamesFive Star Bank -
Depository: Merchant’sbatch actly willbe put into ths acount, ion es | Aecount ae . :
Foes: Merchanv’s monthly feos / necessary charges wil he taken frm this acouné, Routing#: = : oo [Accounts
OU SSE EAE fei es /MERCHANTACCEPTANCE. : BAe :
By signing below, | the undersigned, acknowledge and agree that the POS Conversion, Paper Guarantee, Check 21+ Remote Check Deposit, Checks-By-Phone,
Checks-By-Web, and ACH Debit/Credit services {Services”) provided pursuant to this merchant application (“Application”) aire provided by Paya EFT; inc.
{"Paya-EFT”}.| further represent to Paya-EFT that | have read the terms and conditions (“T&Cs”) attached to this Application and that | am authorized to sign
and accept the T&Cs.on behalf of the entity listed below (Merchant”), | acknowledge and agree that thé Merchant desires to use the Services In accordance
with the T&Cs and that the T&Cs together with this Applicattan, ifaccepted by Paya-EFT, create a legal agreement between the Paya-EFT and the Merchant
(“Agreement”) separate and distinct from any other services offered in ‘connection with the Paya-EFT Services, .
On behalf of the Merchant | will ensuré that the T&Cs aré reviéwed and agreé that they will bé bInding on the Merchant upon the use of the Paya-EFT
account Issued to the Merchant.
I certify to Paya-EFT that the Information provided in thts Application Is true, complete and accurate. | authorize Paya-EFT to verify the Information on this
Application and consent to the collection, use and disclosure of personal Information about me for this purpose..| consent to the sharing of credit infarmation
about.me or the Merchant with credit reporting agencies or credit bureaus as well as entities the Merchant purports to havea financial relationship and to
use of third party databases to obtain or verify information about the Merchant and Its financial condition.
MERCHANT MUST SUBMIT A VOIDED CHECK WITH THIS AGREEMENT
MERCHANT AGREED AND ACCEPTED: { have'read and agree to the Terms of this Agreement.
EEE
Not'valid unless approved and signed by dutharized of cer of Paya EFT
Application for Merchant Account — Check and ACH Processing REVO5152023 Page 3 of 11
PLEASE NOTE: The complete Merchant Agreement includes this Application and the Terms and Conditions on eight (8] additional pages.
Page 26
Paya-EFT Services: Merchant Rights and Responsibilities
A. These aro the terms and conditions (“T&Cs”) referenced in the merchant agreement application (“Application”), These T&Cs, together with the Application, form the agreement (“Agreement’)
between Paya EFT, Inc. (“Paya-EFT”) and the merchant who submitted the executed Application (“MERCHANT”). MERCHANT desires to use the services pursuant to the terms of this
Agreement and the rules of the National Automated Clearing House Association (the “Ruiles”), and Paya-EFT is willing to provide the services subject to the terms and conditions set forth in this
Agreement,
B, Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Rules, The term “Entries” shall have the meaning provided in the Rules and shall also mean the data,
which is transmitted by the MERCHANT to Paya-EFT to prepare such Entries for processing.
AGREEMENT
1, MERCHANT’S AUTHORITY, MERCHANT specifically warrants to Paya-EFT that MERCHANT has taken all necessary legal action and has authority to enter into this Agreement with Paya-
EFT. It further warrants that the person(s) signing for and on behalf of MERCHANT is specifically authorized and directed to do so by MERCHANT, MERCHANT acknowledges that this
Agreement constitutes the legal, valid and binding obligation of MERCHANT, enforceable in accordance with its terms. The attached Schedules for the POS Conversion, QSP, Check 21+ Remote
Check Deposit, Checks-By-Phone, Checks-By-Web, ACH Debit, Checks-By-Phone, and Paper Guarantee services are hereby incorporated into these T&C’s to the extent Merchant selects such
services in the Application. These T&Cs are only applicable to the Paper Guarantee services to the oxtent set forthin Sections 24-43 and the Paper Guarantee Schedule attached hereto.
2, MERCHANT’s PUBLIC DISCLOSURE RESPONSIBILITIES, Paya-EFT shall provide signage to be displayed at the point of purchase (POP) or payment collection site, which informs
customers of the applicable (i) MERCHANT'S use of Paya-EFT Electronic Check Processing Service; or (ii) electronic debit for the amount of any state allowable NSF or recovery fee as stated
in Section 3 of the Check 21+ Remote Check Deposit Addendum, MERCHANT agrees to display these materials in the best visible and unhindered location so as to inform the public of, if
applicable, such electronic debit entry o that MERCHANT will honor electronic chéck and ACH piocessing services (as applicable) provided by Paya-EFT. From time.to time, Paya-EFT may
disseminate (i) changes to miles governing the Services; and (ii) educational and promotional matetials ts MERCHANT for MERCHANT to distribute to custéniérs, MERCHANT further agrees
to immediately (i) remove and properly dispose of Paya-EFT’s stéle promotional materials and to display the most current materials upon réceipt of such from Pays-EFT; and (Hi) comply with
such rule changes. MERCHANT will discontinue the use ofall of Paya-EPT’s promotional materials and properly remove said materials upon receipt of written notification of suspension or
termination of this Agreement, In the event Merchants’ account is reinstated by Paya-EFT after suspension, MERCHANT shall ‘Yedisplay appropriate mnaterials ‘upon receipt of ‘Virittont verification
ofresumption of service by Paya-EFT,
3, RESTRICTIONS ON USE OF PROMOTIONAL MATERIALS AND REPRESENTATIONS CONCERNING Paya-EFT’s SERVICES, MERCHANT shall make no tisé of Paya-EFT’s
promotional materials, marks, or software, other than as set forth in paragraph 3 above, without Paya-EFT’S prior written consent. In no way shall the MERCHANT indicate that Paya-EFT’s
services are an endorsement of the MERCHANT, its business or its business practices. In the eyent of temnination, MERCHANT immediately shall properly discard all software related to Paya-
EET services at MERCHANT'S expense.
4... SURCHARGES AND TAXES: MERCHANT shall not impose any ‘illegal surcharge ori any rocéssed ACH, Remote Check Deposit (Check 21 Plus) processed check, or electronically processed
check transaction. MERCHANT ‘shall collect all required taxes at timeof sale: All required taxes niust be includéd in the total transaction amount at the time stich is submitted for aitthorization by
Paya-EFT and mist bo reflected it the face amount of the check or ACH Debit (if applicable), In any event, MERCHANT shall not collect any required taxes separately in cash, or otherwise.
MERCHANT is responsible for paying all taxes collected to the appropriate authorities in'a timely manner,
5, . USE OF EQUIPMENT, MERCHANT. agrees to utilize only equipment and software (including payment gateways) approved by Paya-EF'T for the electronic jprocessing af checks and ACH
Debits and in a format and medium of transmission acceptable to Paya-EFT.- -. . ” .
6. NETTING OF TRANSACTIONS, MERCHANT acknowledges that all transactions between Paya- EFT aiid MERCHANT under
single transaction for purposes of daily settlement between MERCHANT and Paya-EFT, The Settlement period varies depending ‘on the Service. Chatgebacks may be deducted ‘front inet
settlement or may be debited from MERCHANT's account if no pending credits are available tooffset the chargeback.”
“7, ~ PAYMENT; MERCHANT acknowledges that this Agreement provides for the provisional settlement of MERCHANT'S transactions, subject to certain terms and aéaditions, ies, eredit
transactions, contingent claims for chargebacks, adjustments aud final settlement including but not limited to those enumerated herein: All payments to MERCHANT for legititnate and authorized
transactions shall be inde by Paya-EFT through the ACH and shall nortnally be ‘electronically transmitted directly to MERCHANT'S designated account. However, Paya-EFT cannol guarantee
- the timeliness with which any payment may be credited by MERCHANT'S bank: MERCHANT understands that due to the nature of the ACH and the electronic networks involved and
: the fact
that not all banks beloiig to au ACI, -payrnent to MERCHANT can be delayed, In such cases, MERCHANT agrees to work with, Paya-EET to help resolve any problems in crediting *,
MERCHANT'S dosigtiatéd account, tai the event that. payment isi rejected by MERCHANT'S bank or fails to airive within seven (7) banking days froit the date of settlement dé to problems
beyond Paya-EFT’S control, Paya-EFT may periodically wire transfer all funds duo, MERCHANT until the problem is corrected, at MERCHANT'S EXPENSE, All payments t. MERCHANT
shall be made after first deducting therefrom any discount fee, transaction fee, credit, chargeback, reserve or other fee or charge for which MERCHANT is responsible pursuant to this Agreement.
Said chaiges and fees shall be deducted from incoming transactions ‘or may be debited against MERCHANT'S designated Accotunt at Paya-EFT’s sole disoretion, without any furthér notice or
demand, -
8. AUTHORIZATION TO ACCESS MERCHANT’s ACCOUNT, MERCHANT hereby authorizes Paya-EFT to initiate debit and oredit entries to, MERCHANT'S designated account,
MERCHANT’s authorization shall continue in effect for at least 120 days after termination of this Agreement, or for a longer period as determined necéssary by Paya-EFT in the exercise of its
sole discretion in order to properly terminate business, Unless a reserve or delay is placed on the MERCHANT’S account, Paya-EFT ‘will gerierally transmit settlement ts MERCHANT’s bank
within’? business days. In oagés where MERCHANT ‘has been approved by Paya-EFT in advance to initiate credit entries, the debitto MERCHANT's account wilt be initiated first and the credit
to the customer may be held until MERCHANT's debit clears, generally-within 6 banking days or for a longer poriod as determined necessary by Paya-EET to insure the funds hive cleared
MERCHANT's account. With respect to the Services, (i) settlement shal! consist ofa 7 banking day net settlement unless ‘approved ini advance by Paya-EFT ‘in writing settlement shall-consist of a
‘7 banking day net settlement unless approved in advance by Paya-EFT in writing; and (ii) No MERCHANT or customer is authotized to initiate a customer credit Entry, except where the Entry is
the regult ofa reversal of a previous WEB, debit Entry.’ Returns récéived after a transaction has been settled may be offset and deducted from cutrent outstanding funds due to MERCHANT, or
retums inay be charged back to MERCHANT's account at Payer!EF’s disérétion, MERCHANT specifically authorizes Paya-EFT to debit MERCHANT's account via Automated Cleating House
(ACH) transfer for any previously funded trarisaction that is returned, and MERCHANT warrants to Paya-EFT that MERCHANT will maintain a sufficient balance to cover returi entries and to
promptly notify Paya-EFT of any changes to MERCHANT's accounts. In addition, Paya-EFT may require additional monetary sums for the reserve account from MERCHANT, and Paya-EET
reserves the right to hold additional monies 43 necessary to reduce any risk associated with the daily processing of checks, as requisted ‘by MERCHANT. In te event of processing termination,
Paya- EFT miay hold outstanding fuads due to MERCHANT for up to one-hundred-twenfy (120) days from thie transaction dato if Paya-EFT determines that the retum history. reasonably justifies
the holding of fimds, Paya-EFT may hold back certain amounts where Paya-EFT is investigating a tansaction for breach of warranty or transactional requirements by MERCHANT or for other
reasons, Paya-EFT shall monitor MERCHANT’s traysactional activity and MERCHANT agrees that Paya-EFT may delay funds for a reasonable period to investigate account activity, Paya-EFT
will attempt to notify MERCHANT of any investigation, but Paya-EFT ghall have no liability to MERCHANT or any other party, for any such actions taken by Paya-EFT. MERCHANT agrees
that Paya-EF'T may bold, setoff or retain funds to protect against amounts owed Paya-EFT or based on MERCHANT’s transaction history and/or MERCHANTS’ financial condition. Paya-EFT
will not be liable for any dishonor of any item as a result of actions taken hereunder. Any account is subject to review, verification, audit and acceptance by Paya-BFT. Payee ~EFT may return any
item to MERCHANT for correction or proper processing.
9, RETURNS AND CREDITS. MERCHANT shall maintain a fair policy permitting refunds, exchanges, returns and adjustments, During the term of this Agreement, MERCHANT shall be
responsible for making all cash, check, or ACH Debit refunds to customer after a transaction has been batched out for settlement, Unless MERCHANT has been approved by Paya-EFT in advance
to initiato credit entries for a lesser amount than the original check, electronic check, or ACH Debit entry, MERCHANT must initiate a oredit receipt for the same amount as the original check or
debit entry fo effect voids, which occur the same day as the day of authorization and prior to batching out. As applicable, MERCHANT must use the POP equipment, approved Paya-EFT
software, oc ACH Debit Software to transmit the credit, MERCHANT shall obtain proper written’ authorization from the Customer whose name is used in the transaction or printed on the face of
the check or the customer’s authorized representative prior to crediting Customer’s account. Except for Checks-By-Web, the customer or its authorized representative shall sign the completed
credit receipt and a copy of the credit receipt shall be delivered to the customer at the time of each cancellation of a transaction. Each void, debit, and credit entry shall constitute a separate
transaction for which a processing fee will apply. If it becomes necessary for a reversal of a transaction to be iititiated, MERCHANT shall request in writing to Paya-EFT to initiate such reversal.
MERCHANT shall give Paya-EFT enough information to create such reversal. A foe ofno more than twenty-five dollars for each transaction reversal may be charged by Paya-EFT.
10. WARRANTIES BY MERCHANT, MERCHANT warrants and agrees to fully comply with all federal, state, and local laws, rules and regulations, as amended from time to time, including those
with respect to consumer protection. MERCHANT also warrants not to change the nature of its business as indicated on the Application attached hereto and submitied herewith or to modify the
ownership of the business without the prior written consent of Paya-EFT. With each transaction presented to Paya-EFT by MERCHANT for authorization, MERCHANT specifically warrants and
represents that: (a) each customer has authorized the debiting or crediting of its checking account, that each debit or credit is for an amount agreed to by the customer; (b) each debit or credit entry
was authorized by the person named on the checking account or the authorized representative or agent of such person; (c) the sales receipt or other proof of purchase is valid in form and has been
completed in accordance with all applicable laws and all of the provisions set forth in this Agreement; (d} the total amount of each sales receipt or other proof of purchase evidences ail goods and
services purchased in a single transaction (No splitting check transactions to multiple checks as applicable); (2) MERCHANT has delivered the goods or completed the services identified in the
authorized sales receipt; (£} each sates draft and check represents a bona fide direct sales transaction between the MERCHANT and the person presenting the check or ACH Debit
of 11.
REVOS152023 Page age 44 of
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37048-2 PLEASE NOTE: The complete Merchant Agreement includes these Terms and Conditions and the Application on three (3) additional pages.
Page 27
in the MERCHANT'S ordinary. course of business, and that the amount of the sales draft or check evidences the customer’s total indebtedness for the transaction involved; (g) the person
presenting the check or ACH Debit has no claim, defense, right of offset, or dispute against MERCHANT in comnection with the purchase of the goods or services and MERCHANT will provide
adequate services to the person presenting the check or ACH Debit and will honor all warranties applicable thereto; and (h) all of MERCHANT’S business locations engage in the business
activity listed on the face of this Agreement.
Li. CHARGEBACKS AND RETURNS. Paya-EFT and third-party bank partners will monitor MERCHANT for adherence to established maximum-acceptable retumn rate thresholds as
established by the Rules which are as follows: Overall return rate level of 15% or less, Administrative retum (R02, R03, R04) rate level of 3% or less, and an Unauthorized retum (R05, RO7,
R10, R29, or R51) rate level of 0.5% or leas, MERCHANT shall bear all risk of Loss, without warranty or recourse to Paya-EFT for the amount of ‘any transaction, applicable fees, or other
amounts due Paya-EFT (including Paya-EFT's actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns,
administrative or corporate returns, or any other type of retums, except as set forth in this Agreement and the Paya-EET POS GUARANTEE CONVERSION, ACH DEBIT GUARANTEE,
Checks-By-Phone Guarantee, and Remote Deposit Capture (Check 21 Plus) with Guarantee Schedules below (provided that MERCHANT has purchased and Paya-EFT agreed to provide
Guarantee services). Paya-EFT shall have the right to debit MERCHANT'S incoming transactions, designated account or any other funds of MERCHANT in Paya-EFT’s direct or indirect
control by reason of Paya-EFT’s security interest granted to Paya-EFT by MERCHANT hereunder, and fo chargeback such transactions fo MERCHANT including, but not limited to any of the
following situations: (a) where goods have been retumed or service canceled by the person submitting the applicable check or ACH Debit for electronic processing or Remote Deposit Capture
- (Check 21 Plus) processing and.that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any
representation, Warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required. °
hereunder; (c) where the transaction is for a type of gods or services sold other than as disclosed in the MERCHANT application or approved in advance by Paya-EFT or the
amount shown on
- the sales receipt or proof of purchase differs from thé copy given to the customer; (d).where a customer contends or disputes in writing to Paya-EFT, or the customer's financial institution named
on the check or ACH Debit that: (1) Goods or services were not received; or (2) Goods or services received do not conforni to the. description on the gales receipt or proof of purchag; or (3)
‘Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or (4) The dispute reflects a claim or defense authorized by erelevant
statute.or cegulation, (e) where a check authorization document or recording, proof of purchase, or credit receipt was not received by Paya-EFT as fequired herein ors subject to indemnification
charged back by the customer's finanoial institution; (f) where the transaction was generated through the use of an account that was not valid {As in, but not limited fo, RO3;R04 refuin codés)or
effective (As in, but not limited to, R02 retum code) on the transaction date.or which was made on an altered, fraudulent, or ‘copnterfeit check authorization document, recording, or ACH debit or
of which MERCHANT had notice not to honor-and failed to reject the transaction or if MERCHANT disregarded any denial of authorization; (g) where the check fésults in’a R29 return
(Unauthorized ACH entry to Corporate Account) and any collection efforts are not successful; (h) where no signature or electronic acceptance of the transaction appears on the sales check
authorization document (as applicable) or proof of purchase (or the proof of purchase does not.contain the information from the ACH Debi), whére customer did not authorize via recorded oral
authorization, :or if MERCHANT failed to obtain specific authorization in advance from Paya-EFT to complete the transaction, and/or'a valid authorization number was not on the sales tecsipt
or proof of purchase and/or the customer has certified in writing to Paya-EFT or his financial institution that no authorized user itiade ot authorized the traniaction; (i) where sécurity procedures
were not followed; (j) whete the customer's financial institution or Paya-EFT has information that MERCHANT fraud occurred a the tine of the trangattion(s), or the transdétion is not a sale by
MERCHANT whether.or not such transaction(s) was autliorized by' the customer; (k) in any other situation where the check authotization or proof of purchase was executedor a credit was given.
to MERCHANT in circumstances constituting a breach of aity representation or warranty of MERCHANT or in violation of applicable lav or where MERCHANT has not provided documents or
resolved a customer dispute whether ornot a transaction is charged back; (1) an Entry waa charged back and represented whether or not the’ customer knows of consents to this representmént. If,
with respect to any one.of MERCHANT'S outlets, the amount of ot number of any counterfeit or fraud incidents hecomeé excessive, in the sole determination of Paya-EFT; (m) MERCHANT
does not provide Paya-HFT with a copy of thé signed authorization receipt or recorded oral authorization within forty-eight (48) hours from the ting of Paya-EFT’s request. MERCHANT may be
charged back for all transactions, this Agreement may be terminated immediately without notice, and MERCHANT'S funds, including but not limited to those in incoming transactions and in
MERCHANT'S designated account, shall be held putstiaitt to the provisions herein, Paya-EFT shall retain any discount or fee telated to 4 chatgeback transaction, MERCHANT apices that Paya-
EFT will assess up fo tweiity-five dollars for each chargeback, or such inoreigéd St additional charges as may bé established by Paya-EFT fiomh timets tinie, Additionally, Paya-ERT shall have’
the same rights to debit MERCHANT’s account for transactions returned or not honored for any reason, including bat not limited€o insuffictenit funds, adsiinistzative or ‘eorporate
returns, of any other kind of returned transaction, If MERCHANT has rejuested the Paya-EFT GUARANTEE service, aud Paya-EFT has accepted the ‘application for Guafanteé
-service, certain transactions sre guaranteed, ‘as listed in this Agreement, including the Paya-EFF POS GUARANTEE CONVERSION Remote Check’ Deposit (Check 21 Plus) with
Guarantee, Chécks-By-Phone Guarantee, or ACH DEBIT GUARANTEE Schedules below. - Toe is ES a et Seg hl _
12, CHARGEBACK AND RETURNS RESERVE ACCOUNT, Notwithstanding any other language to the contrary contained in this Agreement, Paya-EFT:reserves the right to establish, without
notice to MERCHANT, and MERCHANT agrees to fund a non-interest bearing Chargeback and Retum Reserve Account,or demand other se urity and/or to raisé any: discount fee or tratisaction
feo hereunder; upon Paya-EF'T's readonable determination of the occutrence of afyy of the following: (a) MERCHANT engages in any processing of charges which create ‘att overcharge to the
customer by duplication of charges;-(b) Failure by MERCHANT to fully disclose the true nature or percentage of its.(i) actual or intended telephone.and/or mail order. business; and (ii)
etual or expected losses duié to insufficient fumids fransaetions, fund, theft or deceit on the part ofits customers, dr dus to administrative chargebacks/retums,ot chargebacks of rejections by
éustomérs; (c) Failure hy MERCHANT to fully disclose the true nature of its business to Paya-EET to permit a fully informed decision asto the Suitability of MERCHANT. for
processing through Paya-E ET; (A) Failure by MERCHANT to fully disclose the true ownership of MERCHANT'S busines entity or evidence offraud; (c) Processing by MERCHANT of
unauthorized charges or any other action which, violates applicable risk management standards of Paya-EFT or is likely to cause loss; (2) Any misrepresentation made by MERCHANTin
completion of the MERCHANT Application or breach of any other covenant, warranty, or representation contained in ¢his Agreement or applicable Jaw including a change of type of
businéss without prior written approval by Paya-EFT; (g) MERCHANT has chargebacks or returns of auy kind which exceed 1% of the total number
of transactions completedor dollars
processed for Checks-By-Web Servicés by MERCHANT in any thirty (30) calenidar day period; (h) Excessive number of. requests frori customers or issuing banks for retriéval of docuttientation;
(MERCHANT'S finanéial stability is in question or MERCHANT ceasés doing business; or (j) Upon notice of or termination of this Agreenient. After payment or adequate provision for
payment is made by Paya-EFT, for all obligations on the part of MERCHANT: to Paya-EFT under this Agreement, MERCHANT may request Paya-EFT to disburse to MERCHANT any funds
Temaining in the Chargeback and Retinm Reserve Account unless otherwise agiced to by Paya-EFT. Such fiinds will not be disbutsed to MERCHANT witil the erid of one hundred tivenity (120)
days after termination of this Agreement or ninety (90) days from the date of the last chargeback or retim activity, whichever is later, unless Paya-EFT in its sole discretion has reason to believe
that customer chargeback rights indy be longer than such period of time or that loss is otherwise likely, in which event Paya-EFT will notify MERCHANT of such fact and Paya-EFT -will set the
-‘date when funds shall be released, No monies held in the Chargeback and Retin Reserve Account shall bear interest, Provisions applicable tothe designated account ate also applicable to this
account, . oe 7
13. COLLECTIONS. MERCHANT acknowledges and agrees that when collection services are required, Paya-BFT may utilize an appropriately licensed third party to perform such collection services,
MERCHANT further authorizes Paya-EFT fo-continue collection efforts for MERCHANT. If collections are unsuccessful after sixty (60) days; Paya-EFT shall discontinue collections and be
absolved of all responsibility. . . ; : :
14. PAYA-EFT POS GUARANTEE CONVERSION, CHECKS-BY-PHONE-GUARANTEE, REMOTE CHECK DEPOSIT (CHECK 21 Plus), AND ACH DEBIT GUARANTEE, The Paya-EFT
POS GUARANTEE CONVERSION, Remote Check Deposit (Chéck 21 Plus) with Guarantes, Checks-By-Phone Guarantee, and ACH Debit Guarantee provisions are operational only if
MERCHANT has miarked the applicable Paya-EFT POS GUARANTEE CONVERSION, Checks-By-Phone Guarantee, Check 21 Plus with Guarantes; or ACH Debit Guarantee box on the
application form of the Agreement, MERCHANT nmust utilize the Paya-EFT Virtual Terminal to qualify for the ACH Debit Guarantee coverage and the Paya-EFT Checks-By-Phone Gateway to
qualify for Guarantee coverage. The ACH Debit Guarantee coverage is only available for Single ACH Debit services and are not offered for Recurring ACH Debit services. :Ifso marked,
MERCHANT wishes Paya-EFT to provide a guarantee for reimbursement of losses sustained by MERCHANT in accepting checks or Single ACH Debits for electronic or Remote Check Deposit
(Check 21 Plus) processing. In addition to the provisions previously set forth and noiyrithstanding any provisions to the eéhtrary, Paya-EFT has established a per accouint Guarantee Limit, as per
the Schedule, based on a percentage of the face amount of any and all checks (and a tocal access [Transaction fee] fee) as set forth in the pricing section of the agreement) presented at
MERCHANT’s place of business or at other locations which are listed in any attachments to this Agreement, subject to the terms and conditions set forth in this Agreement, Paya-EFT shall
- teimburse MERCHANT per Schedule, up to the Guarantee Limit, as measured from the date of verification of non-payment, subject to MERCHANT’s compliance with all of the terms and
conditions contained in this Agréément or any of Paya-EFT’s other published instructions. Paya-EFT shall have the right to adjust MERCHANT'S rate including Paya-EFT POS Guarantee
Conversion, Remote Check Deposit (Check 21 Plus) with Guarantee, Checks-By-Phone Guarantee, and ACH Debit Guarantee rate based upon its sole determination, Merchant must utilize the
Virtual Terminal to qualify for ACH Debit Guarantee service and the Paya-EFT Checks-By-Phone Gateway to qualify for Checks-By-Phone Guarantee service, Each month MERCHANT shall
have access to an itemized summary of applicable electronic check, Checks-By-Phone, Remote Check Deposit (Check 21 Plus) check, and ACH Debit deposits, Paya-EFT shall process up to the
check limit established for MERCHANT, but will not be responsible for reimbursement of checks exceeding the MERCHANT’s approved guarantee limit. The following transaction types are
not included in the Paya-EFT POS GUARANTEE CONVERSION, Remote Check Deposit (Check 21 Plus) with Guarantee, Checks-By-Phone Guarantee, or ACH Debt Guarantee service, and
Paya-EFT assumes no liability for and will provide no reimbursement for tranisactions as follows: Incorrect MICR data reads, unable to locate account ot invalid account izumber returns, (R29)
Unauthorized Corporate returns, customer chargebacks or customer revocations of any transaction. Merchant agrees to provide any additional information to Paya-EFT on occasion as needed to
assist in collection efforts, Guarantee reimbursement shall only serve to cover MERCHANT losses due to, NSF returns, and Insufficient Funds returns up to the per account guarantee
limit placed in the approval section of the contract.
15. SWIFTSETTLE. Merchant acknowledges that to receive SwiftSettle processing, merchant’s tansactions must be received prior to the established cutoff time by the Originating Depository
Financial Institution (“ODFI”}, Any transaction received after the established SwiftSeitle cutoff will be processed in the standard evening processing cycle (i.¢., the Effective Entry Date will be
the noxt business day) and the SwiftScttle Transaction fee still applies. SwiftSettle is currently available through gateway and file transmission only. Support assisted reversals are not available
for SwiftSettle items. Same day voids and:reversals may be supported through the gateway (check with gateway provider to confirm functionality), A SwiftSettle Entry must be foran amount of
$25,000 or less, and an [AT Entry cannot be a SwiftSettle Entry. Paya does not represent or warrant that the Originating Depository Financial Institution (*ODFI”} will timely transmit any Entry
4143-1053-4164.4 REVOS152023 Page 5 of 11
377048-2 PLEASE NOTE: The complete Merchant Agreement includes these Terms and Conditions and the Application on three {3} additional pages.
Page 28
to its ACH Operator, or that the ACH Operator will timely transmit the Entry for same-day processing and settlement, It is understood that the ODFI, ACH Operator and Receiving Depository
Financial Institution (RDIT) may impose additional requirements for SwiftSettle, in accordance with the NACHA Rules, or their own policies and procedures.
16. CONSUMER CONVENIENCE FEES. MERCHANT acknowledges that this Agreement may also contemplate a Consumer Convenience Fee Option and MERCHANT wishes to participate in
the Consumer Convenience Fee Option in which Paya-EFT shall collect a Convenience Fee from the consumer. MERCHANT shall be solely responsible for inforrning its customers of such
convenience fee charges and to obtain customer’s authorization, by signature or similarly authenticated, to debit the convenience fee from customer’s bank account via ACH debit,
MERCHANT’s customer authorization process should take into consideration whether the convenience fee is or is not included in the face amount of the check and for obtaining proper
authorization so that the total amount to be deducted (both the sale amount and the fee) are properly authorized by the customer. MERCHANT hereby confirms that Convenience fees are
acceptable to be added under all applicable laws.
17, ASSIGNMENT OF CHECKS AND ACH DEBITS, As of the date of this Agreement and by subscribing to Paya-EFT services, MERCHANT shall be deemed to have assigned to Paya-EFT,
without recourse, all of MERCHANT’s right, title and interest in any and all ACH Debits return fees and checks, including any rights to treble or punitive damages permitted under applicable
law, MERCHANT shall execute and deliver endorsements, instruments, and papers and shall do whatever is necessary under the laws of any applicable jurisdictions to secure and defend Paya-
EFT’s rights and shall do nothing to prejudice those rights. MERCHANT shall cooperate with Paya-EFT in pursuing Paya-EFT’s rights, including suing or prosecution of the customer under all
applicable laws,
18, COMPLIANCE AND DISCLOSURE OF INFORMATION. MERCHANT agrees to comply with all applicable state or federal laws, rules and regulations affecting the use of checks, drafts and
ACH transactions, including but not mited to rules and procedural guidelines established by the Federal Trade Commission ("FTC") and Regulation E. (Reg. E), MERCHANT is solely
responsible for any and all losses incurred by MERCHANT or Paya-EFT in the event MERCHANT initiates any transaction prohibited by Regulation E Rules or other rules or laws of the United
States of America ("USA") or in breach of this Agreement. MERCHANT shall provide such information and certifications as Paya-EFT may reasonably require from time to time to determine
MERCHANTS compliance with the terms and conditions of this Agreement and applicable law, MERCHANT finther agrees to produce and make available for inspection by Paya-EFT or its
officers, agents, attorneys, accountants; or representatives, such books and records of MERCHANT as Paya-EFT may deem reasonably necessary to be adequately informed of the business and
financial condition of MERCHANT, or the ability of MERCHANT to observe or perform its obligations to Paya-EFT pursuant to this Agreement. MERCHANT further agrees to provide to
Paya-EFT from time to time such information including, but not limited to, credit reports, personal and/or business financial statements, income tax returns, or other such information as Paya-
EFT may request, MERCHANT grants to Paya-EFT continuing authority to conduct credit ohécks and background investigations and inquiries conceming MERCHANT and MERCHANT'S
owner(s) including, but not limited to, character and business references and the finaricial condition’ of MERCHANT and MERCHANT'S owner(s). MERCHANT expressly authorizes Paya-EFT
or its agents, altomeys, accountants, and representatives to provide and receive such information from any and all third parties direttly, without further consent or authorization on the part of
MERCHANT. Paya-EFT may share with others its credit, sales and othér information. MERCHANT will not transfer, sell, of mitige or liquidate its bissitiess or assets or otherwise transfor
control of its business, change its.ownership in any amount or-respect, engage.in any joint venture partnership or similar business arrangement, change its basic nature’or method of business,
types.of products sold or engage in sales by phone ‘or mail order without providing notice to Paya-EFT and provide Paya-EFT with thé opportunity to terminate this Agreenient,
19. COMPLIANCE WITH THE RULES AND APPLICABLE LAW, MERCHANT's rights and obligations with respect to’any Entry are governed by the NACHA Rules ("the Rules"), this
‘Agreement and applicable law. The Merchant agrees to comply with and be bound by "the Rules". MERCHANT agrees to comply with applicable state and federal law or regulation and
- Merchant warrants that it will not transmit any Entry that violates the laws of the United States, including, without limitation, regulations of the Office of Foreign Asset Control (OFAC).
20. DATA RETENTION. MERCHANT shall retain all records related to authorization, including all sales and credit receipts and. authorizations for a period of na less than two years following the
date ofthe transaction; or two years from authorization revocation if applicable, Accoiding to Paya-BFT’S current Paya-EFT policies, MERCHANT shall,:as applicable, stamp or mark "ACH
processéd” aiid hand the check back to the check writer and retain for a péried of 2 yeats all ACH Debits received from customers. If cheek is lianded back to-check writet, ACH
authorization form is handed back to consumery-or-recorded oral-aiithorization is lost éien MERCHANT acknowledges that Paya-E¥T will not be able to provide any chéck collection
-seryices beyond the third electronic presentment of the check. Faihire to provide the signed smthorization receipt, form, or recorded oral authorization to Pa; FT -will result in
_ cessation of collection efforts, and Paya-EFT will be entitled to immediately debit MERCHANT'S account for any previously processed and returned transactions, leo?
21,. ADDITIONAL MERCHANT REPRESENTATIONS,-MERCHANT agrees to permit Paya-EFT to audit MERCHANT upon reasonable tiotice, MERCHANT agrees that any putstanding .
amount(s) owed to Paya-EFT shalf be subject té'a 1.5% finance charge monthly, Any outstanding sums will-be sent to an outside collection agency and charged the maximum amount of civil,
+... “legal, and collection fees/charges as is allowed by. law. MERCHANT will not disclosé and will keep confidential the terms and Conditions of this Agreement.” we tes
22, --ADDITIONAL PAYA-EFT RESPONSIBILITIES, Paya-EFT will accept, as applicable, exitries via check reader hardwate, MERCHANT’s payment gateway; double sided check images from a.
~- *Paya-EFT approved check imager/software vehicle, ACH Debit software, and Checks-By-Phone Gateway on a 24-hour por day basis. Paya-EFT is only responsible for processing entries that” --
have atrived at its premises in a proper format and ona timely basis. Paya-EFT will use inforniation provided by MERCHANT to originate its entries in the applicable Remote Check Deposit
_ (Cheek 21 Plus) network or ACH; MERCHANT understands and agrées that Paya-EFT may iéjéct MERCHANT'S entries for any reason pefmitted in-this Agieément and/or if acceptance of such
- -: entry would cause Paya-EFT to-potentially violate any federal, ‘state or local law, rule statute, or regulation, including’ without limitation any Federal Reserve ot other regulatory risk control
_ program. At MERCHANT'’s written request, Paya-EFT. will make réagonable efforts to reverse or delete an entry, but will under no circumstance be liable for the faihire to comply ‘with such
request, : et : : : Mees uF De eb. a
23, LIMITATION OF LIABILITY AND MERCHANT'S WAIVER OF DAMAGES. Paya-EFT shall be respoitsible: for petfoimiarice of the ACH and Remote Chiéék Deposit (Check 21 Plus)
services as @ third-party providerin accordance with the terms of this Agreement, Paya-EFT shall not be responsible for ény-other person’s or entity’s errors, facts, omissions, failures to act,
negligence.or intentional conduot, including without limitation entities such as Paya-EFT’s communication carrier or clearing houses, and no such entity shall be deemed to be a representative or
an agent. of Paya-EFT, IN NO EVENT SHALL PAYA-EFT BE LIABLE-TO MERCHANT FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES
WHICH MERCHANT OR ITS CUSTOMERS; AFFILIATES, PARENT COMPANIES, ASSOCIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES MAY INCUR OR
SUFFER IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OR DAMAGE FROM SUBSEQUENT. WRONGFUL DISHONOR RESULTING FROM PAYA-
EFT’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT. PAYA-EFT’S LIMIT OF LIABILITY TO MERCHANT OR ANY THIRD PARTY FOR ANY.CAUSE.OF
ACTION ‘WHATSOEVER IS limited to the'proportionate extent of Merchant’s négligence or other breach of duty, and limited by the fees that Paya-HFT has received for the'peior three (3)
months from Merchant. : - - : - . bone Bein pected ae “ok
24, FORCE MAJEURE, Paya-EFT shall not be fesponsible for delays; nonperformance, damages, lost profits or other losses caused directly or indirectly by any Act of God, including, without ~
- limitation; fires; earthquakes, tornadoes, hurricanes, wars; labor disputes, communication failures, legal constraints, power outages, data transmission loss or-failure; incorrect data transmission or
any other event outside the direct control of Paya-EFT. : -
25, CONFIDENTIALITY, Bach party acknowledges that all other materials and information disclosed to the other party ("Recipient") in connection with the performance of this Agreement,
including any trade secret, process, technique, algorithm, computer program (source and object code), design, drawing, formula, business plan or test data relating to any research project, work in
process, future development, engineering, marketing, servicing, financing, strategic partnership or personnel matter consist of confidential and proprictary data. Zach Recipient will hold those
materials and that information in strict confidense, and will restrict its use of those materials and that information to the purposes anticipated in this Agreement. If the law or legal process
requires Recipient to disclose confidential and proprietary data, Recipient will notify the disclosing party of the request. Theveafter the disclosing party may seek a protective order or waive the
confidentiality requirements of this Agreement, provided that Recipient may only disclose the aninimum amount of information necessary to comply with the requirement, Recipient will not be
obligated to hold confidential any information from the disclosing party which (a) is or becomes publicly known through no act or omission of the Recipient, (b) is received from any person or
entity who, to the best of Recipient's knowledge, or Recipient's reason to know, has no duty of confidentiality to the disclosing party, (c) was already known to Recipient prior to the disclosure,
and that knowledge was evidenced in wiiting prior to the date of the other party's disclosure, or (d) is developed by the Recipient without using any of the disclosing party's information,
MERCHANT fiuther warrants and agrees that it shall ot sell, purchase, provide, or exchange checking account information in the form of sales drafts, mailing lists, tapes, or any other media
obtuiried by reason of a transaction or otherwise, to any third party other than to Paya-EFT, MERCHANT'S agents approved by Paya-EFT for the purpose of assisting MERCHANT in its
business to Paya-EFT, the financial institution named on the check, or pursuant to lawful government demand without the account holder’s oxplicit written consent. All media containing
checking account numbers must be stored in an area limited to selected personnel until discarding and nmust be destroyed prior to or in conection with discarding in a manner that will render the
data unreadable. MERCHANT will not disclose and will keep confidential the terms and conditions of this Agreement. oe
26. INDEMNIFICATION. MERCHANT agrees to indemnify Paya-EF'T for any cost, expense, and damage, lost profit and/or attomeys’ fees in connection with (i) any breach of its obligations or
representations in this Agreement; (ji) a dispute between MERCHANT and a consumer regarding the action or inaction of MERCHANT; (iii) any dispute between MERCHANT and a
MERCHANT Customer with respect to the alleged or actual failure by MERCHANT to process a transaction as requested by such customer or to MERCHANT?’s failure to provide data security,
and (iv) MERCHANT's failure to comply with any of the provisions of this Agreement and applicable laws, Rules and/or regulations. As set forth in Section 22, in no event shall Paya-EFT’s
Kability to MERCHANT for any matter exceed the total amount of three (3) months of fees paid by MERCHANT under this Agreement.
27. SECURITY INTEREST. (a) This Agreement is a security agreement under the Uniform Commercial Code, MERCHANT grants to Paya-EFT a security interest in and lien upon: (i) the account
designated by MERCHANT for settlement and all funds at any time in such account, whatever the source of such funds, (ii) the Charge-back and Retum Reserve Account (as defined above) and
all funds at any time in the Chargeback and Return Reserve Account, whatever the source of such funds, (iii) all MERCHANT’ rights relating to this Agreement including, without limitation, all
rights to receive auy payments or credits under this Agreement, and (iv) all MERCHANT deposit accounts now owned or hereafter acquired and the proceeds of all of the foregoing (collectively,
the “Secured Assets”), Upon request of Paya-EFT, MERCHANT will execute one or more financing statements or other documents to evidence this security interest, MERCHANT authorizes
Paya- EFT and appoints Paya-EFT its attorney in fact to sign its name to any financing statement used for the perfection of any security interest or lien granted in this Agreement. These security
interests and liens will secure all of MERCHANT’s obligations under this Agreement and any other agreements between MERCHANT and Paya-EFT including, but not limited to,
MERCHANT’s obligation to pay any amounts due to Paya-EFT. With respect to such security interests and liens, Paya-EFT will have all rights afforded under the Uniform Commercial Code,
REVO05152023 Page
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4143-1053-4164.4
37048-2 PLEASE NOTE: The complete Merchant Agreement includes these Terms and Conditions and the Application on three (3) additional pages.
Page 29
any other applicable law and in equity, Paya-EFT may exercise its rights under this Agreement to collect any amounts due to Paya-EFT including, without limitation, rights of set-off and
recoupment,
28. IRS REPORTING AND WITHHOLDINGS. Section 6050W ofthe Internal Revenue Code ("Code") requires payment providers and third party payment networks, such as Paya-EFT, to report
payment settlement amounts to the Internal Revenue Service ("IRS") for each merchant processing through Paya-EFT. Merchant shall verify its identity by providing Paya-EFT with « Tax
Identification Number (“TIN”) such as a Social Security Number (SSN) or Employer Identification Number (EIN) for each Merchant Account. In the event Merchant fails to provide its TIN,
Paya-EFT will place a restriction on Merchant's Account and may restrict the receipt of funds into Merchant’s Account, or withhold a percentage of payments deposited into Merchant's Account
in order to satisfy the backup withholding requirements of the IRS, Paya-EFT may charge up to $25.00 annually for associated administrative costs.
29, NON-WAIVER, Neither the failure nor any delay on the part of Paya-EFT to exercise any right, reniedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel
nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be
construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence, No waiver by a party hereunder shall be effective unless it is in writing and signed by the
party making such waiver, and then such waiver shall apply only to the extent specifically stated in such writing.
30. ASSIGNMENT. MERCHANT may iiot assign or transfer any rights under this Agreement unless and until it receives the prior written approval of Paya-EFT, Paya-EFT may freely assign this
Agreement, its rights, benefits and duties hereunder.
31. TERMINATION, This Agreement shall continue indefinitely unless and until terminated by either party. MERCHANT may terminate this Agreement after one (1) year and thereafter upon sixty
(60) days written notice to Paya-EFT' of termination and monthly minimum and subscription fees will continue in effect for this time. I€ either party terminates this agreement a fee as set forth in
the Application will be assessed and electronically debited from MERCHANTS account, Paya-EFT shall have the right'to suspend or terminate this Agreement immediately and without notice to
MERCHANT,
32. COUNTERPARTS, This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, such counterparis to constitute but one and the same
instrument,
33, SCHEDULE OF FEES. Attached to this Agreement and incorporated herein by reference is a Schedule of Fees, which contains the, as applicable, Discount Fee, Transaction Fees, Return Fee per
‘yetumed item, Minimum Monthly Discount Fee, Subscription Fee, Batch Out Fee, Monthly Check 21 Access Fee, Termination Fee and other terms and conditions in effect on the commencenient
date of this Agreement, Paya-EFT reserves the right at all times to unilaterally change all or patt thereof, or any other terms of this Agreoment upon written notice to MERCHANT.
34, APPLICATION FEE, Any application fee paid to Paya-EFT is non-refundable whether or not MERCHANT and this Agreement are accepted by Paya-EFT.
35, ENTIRE AGREEMENT, This Agreement, including the attached Schedules, fogether with the Account Agreement, is the complete and exclusive statement of the agreement between Paya-EFT
- and the MERCHANT with respect to the subject matter hereof and supersédes any prior-agreement(s) between Paya-EFT and the MERCHANT with respect to the subject matter, In the event of
any inconsistency between the terms of this Agreement and the Account Agreement, the terms of this Agreement shall govern. In the event the performance of the services provided herein in
accordance with the terms of this Agreement would result in a-violation of any present or future’statute, regulation or govérment policy to which Paya-EFT, the Originating Depository Financial
Institution (ODF) or MERCHANT is subject, and which govems or affects transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extentnecessary to
comply with such statute, regulation or policy and Paya-EFT, the ODFI and MERCHANT shall incur no liability as a result of such changes except as provided in the following Paragraph.
36.° AMENDMENTS. As stated in paragraph 34, Paya-EFT, the ODFI or MERCHANT may amend operations or processing procedures in order to conform to and comply with any changes in the
Rules or applicable Federal or State Regulations. The changes would be, without limitation, those relating to any cut-off time and the close of any business day. Such amendments to operations or
procedures shall become effective upon feceipt of written notice to the other party, as provided for heroin, or upon such date as may be provided in the Rules or applicable Jaw or regulation
referenced in the written notice, whichever is earlier in time. Use of the ACH or Remote Check Deposit {Check 2.1 Plus) services after any such changes shall constitute acceptance of the changes
by the parties. Further, Paya-EFT may, from time to time, amend any provision of this Agreement, including, without limitation, those relating to the fees and charges payable by MERCHANT by
mailing written notice to MERCHANT of the amendment, and the ainéndment shall bécome effective unless Paya-EFT receives MERCHANT’s notice of terminaticn ‘of this Agreetient within 7
~ days. Amendments due‘to changes in the Rules ‘or any law or judicial decision may become effective ou such shorter périod 6f time as Paya-EFT may specify if necessary to comply with the
applicable Rule, law.or decision::No'other amendments or modifications to this Agreement will be effective unless such changes are reduced to writing and are signed by the duly authorized party
or parties to this Agreement and such Amendments are incorporated into-and made a part of this document,
37;==BINDING AGREEMENT; BENEFIT This Agréomént shall be birding upon and inure-to the benefit of the parties hereto and their respective legal representatives, successors and. assigns. This |
-Agreement is not for the benefit of any other person or entity and no other person or entity shal! have any right against Paya-EFT.
+ 38,. : ATTORNEYS’ FEES. In.the everit that it becomes necessary ‘for. Paya-EFT to‘éinploy ai attomey to enforce, interpret, mediate or arbitrate this Agreement, or collect a debt from MERCHANT,
Paya-EFT shall be éntitled to recover its reasonable attorneys’ fees, costs, and disbursements related to such dispute from MERCHANT,
39. CHOICE OF LAW, VENUE & JURISDICTION. Notwithstanding any language to the contraiy;'all issues related to the eléctronic processing of checks and ACH Debits under thé terms of this
Agreement shall be determined in accordance with thé NACHA Rules, Federal Trade Commission and Regulation E Rules, aud laws of the United States of America and the State of Flotida as it
applies fo contracts, In the event of a conflict between the Rules and applicable local, state or federal law, the Rules shall prevail unléss otherwise prohibited by law, To the extent that an issue
atises Which is not covered by the Rules, this Agreement shall be governed by and construed in accordance with Florida law and it is expressly agreed that venue and jurisdiction forall such
matters shall Sie’ exclusively in Okaloosa County, Florida. MERCHANT acknowledges that this Agreement was formed in Florida, upon its acceptance by Paya-EFT.
40, SEVERABILITY. If any provision of the Agreement is held to be illegal, invalid, or unenforceable, in whole or in part; by court decision, statute,-or rule (or otherwise would go in if you wanted
to inchide arbitration) such holding shall not affect any other provisions of this Agreement. All other provisions or parts thereof shall remain in full force and effect and this Agreement shall, in
such circwnstences, be deemed modified to the extent necessary to reader enforceable the provision hereok.
41, “HEADINGS, The headings in this Agreement are used for referenced purposes only. They shall not be deemed as part of this Agreement and shall not affect its interpretation,
42, EFFECTIVE DATE, This Agreement shall be effective only upon acceptance by Paya-EFT.
43, -IN- WITNESS. WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers.
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3048-2 PLEASE NOTE: The complete Merchant Agreement includes these Terms and Conditions and the Application on three (3) additional pages.
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Checks-By-Web Schedule
‘These Temus are only applicable to processing web-initiated transactions which aro “Web” Entries as defined by the Rules (‘Checks-By-Web Service”) utilizing the end-customer’s Checking account
date, MERCHANT is required to provide its own Intemet payment gateway or utilize « third party Intemet payment gateway which must be approved by Paya-EFT in advance, Any Paya-EPT products
and associated software specifically designed for such transactions will be utilized by MERCHANT when required by Paya-EFT, and such software will either be hosted and maintained by Paya-EFT,
or alternatively, provided directly to MERCHANT for installation on MERCHANT equipment. In all cases where Paya-EFT hosts software for MERCHANT, the various terms and conditions
referenced below regarding disclosure, transaction and processing requirements and all other requirements imposed by either regulatory agency, Jaw, Paya-EFT, or otherwise shall have full force and
offect.
CHECKS-BY-WEB PROGRAM. THIS PROGRAM OFFERS NO GUARANTEE FOR ENTRIES THAT ARE RETURNED UNPAID AND MERCHANT SHALL BE LIABLE FOR 100%
OF ALL LOSSES ARISING FROM RETURNED ENTRIES, MERCHANT must utilize a Paya-EFT-approved payment gateway, software, and approved method of electronic file
transmission to use the Checks-By-Web program. MERCHANT must submit a file for testing purposes prior to using the Checks-By-Web Service if MERCHANT utilizes electronic file
transmission. MERCHANTS who utilize electronic file transmission will not receive the benefit of any pre-verification services to determine if the CUSTOMER’s account or driver's license.
is flagged by the national negative database for unpaid items, which may result in higher returns or chargebacks to MERCHANT'S account, Refer to Software Requirements section. Paya~
EFT functions solely as the processor and assumes no liability in the performance of MERCHANT’ s payment gateway or other related hardwate/software. Paya-EFT may, at its option provide
certain pre-verification services prior to processing an Entry; stich services are at Paya- EFT’s discretion and shall in no way create a guarantee from Paya-EFT or obligation on Paya-EFT1’s
part to verify the consumer identity and validity ofa submitted Entry.
ACH COLLECTION, MERCHANT authorizes Paya-EFT to re-present all return items forwarded to Paya-EFT and to originate an electronic Entry for the amount of any allowable recovery
fee, Paya-EFT shall have sixty (60) days fromthe date of receipt of retumt ACH transaction item to complete. its re-presentment process. If this Agreenient is terminated for any reason, Paya-
EFT will rétain the right to complete the electronic re-presentment process for all return ACH Transaction items forwarded to Paya-EFT prior to termination. .
UNACCEPTABLE TRANSACTIONS, In addition to the restrictions set out above and in any event, the following transactions are unacceptable for electronic processing: MERCHANT
agrees noi to submit any of the following transactions to Paya-EFT for electronic processing; (a) MERCHANT shall not electronically process any electronic checks drawn on any depository
institution that is not federally insured or part of the ACH network, (b) MERCHANT shall not electronically process any electronic checks drawn on the business or personal checking account
of MERCHANT or any of its agents or employees, (c) MERCHANT shall not submit an electronic check for goods or services that are not provided to the customer, (d) MERCHANT shall
not submit an electronic check which is altered by the MERCHANT in any way. MERCHANT’s submission of any of the abéve transactions for electronic processing may subject the
MERCHANT to immediate suspension or termination, and all funds of MERCHANT, including those in MERCHANT’S account, may be placed on hold or charged back to MERCHANT.
SOFTWARE. MERCHANT shall utilize a payment gateway (shopping cart) that Paya-EF'T has proviously authorizéd for processing all electronic check transactions: (a) MERCHANT is
responsible for all telecommunication fees and charges, including but not.fimited to telephone fees, associated with and related to the use ‘of the payment gateway and/or any related software
costs/exponses; (b) MERCHANT shall maintain all :hardware/software necessary for electronic check processing, including necessary file servers; payment gateway, and computer
telecommunications equipment in good working order at MERCHANT's sole expense, (c) MERCHANT shall advise Paye-EFT immediately in thé event of a security breach or breakdown
- of related equipment, electronic check software problems; and/or arly other system failure. (d) MERCHANT acknowledges that Paya-EFT is not responsible for any related Internet or
computer and teleconimiinications equipment.used by the MERCHANT, MERCHANT also acknowledges that Paya-EFT solely-functions as the procéssor and assumes no liability in the
performance of MERCHANT’s payment gateway. this regard, Paya-EFT shail hot be responsible for any tinauthorized tainpering ot altering to Sofware specifically installed by Paya-EFT
's agent: Paya-EFT’s. approval of equipment and/or software, including without limitation payment gateway softwate, does not constitute an ~
on the-part. the MERCHANT: or MERCHANT
express or implied warranty, representation or endorsement of such equipment and MERCHANT accepts responsibilityfor selection and compliaace ofwithsuchthe a Rules of such equipment and/or
software, In the event of a security breach of MERCHANT’s records or payment gateway, MERCHANT is required to notify Paya-EFT immediately breach, and to provide as much
* + information as iiay be fequired to allow Paya-EFT.to dot a0sofdingly.to protect Paya-EFT’s légal rights and responsibil MERCHANT fuither agives to immediately remove and properly
dispose of Paya-EFT's previous: version releases of ariy related softwaro-and to utilize the most current software version releases upon receipt of such froni Paya“EF'T. In the eyent of
>= ce
termitation, MERCHANT shall immediately and unconditionally remove all software related to Paya-EF'T services al MERCHANT’s expensé,.-"2
DATA RETENTION:. VERIFICATION AND SECURITY-REQUIREMENTS, Mercharit agrees to complete all transactions in accordance with the provisions of this Agreement, the Rules
hed by Paya-EFT from, time to tiine. Merchant shall retain data on file ‘adequate to ‘permit remaking of Entries for' seven (7) banking days -
‘FT as provided herein, and shall provide such data.io Paya-EFT upon its request MERCHANT shall reiain all records related to authorization.
f Jess thai ears following MERCHANT ’s recoil
of a customer's ‘payment authorization revocation. Merchant represents and warrants that it shall ensure that the financial information i is protected by security practices and
procedures’ that include (i) physical security to protect against theft; tampering or daniage, (i) porsorinel and access controls to protect against imauthorized access and use, (iil) nelwork
security to ensure secure capturé, storage aud distribution, (iv) at least 128-bit RC4 encryption technology, (v) commercially reasonable fraud detection systems, (vi) procedures to verify
routing numbérs and authenticate consumer identity, and proéedures to establish credit-worthiness and exposure limits for its custoniers, and (vii) MERCHANT’s payment gateway must
clearly notify the customer that they are initiating an ACH debit authorization and MERCHANT’s authorized payment’gateway shall obtain a customer authorization in the form.of an
electronically. signed ACH authorization or similarly authenticated (unique security. code or PIN) in accordance with the Rules that clearly demoustrates the customer's assentto authorization
for each transaction submitted for electronic processing, Merchants are required to retain the original ‘authorization or copy of the original authorization in ifs original form that can be
reproduced upon request. NACHA does.not accept proof of an authorization as being a listing of the information captured at.time of authorization: The following minimum information must
be included in the authorization record: consumer IP address of origination, consumer name , consumer address, transaction amount, transaction effective date, consumer e-mail address
(optional; industry recorumended best practice), website where, payment, was accepted , signifying whether authorization is for a single or récurring/multiple debits, and debit schedule if
4 phone
recwtring/multiple, consumer banking information,-statement of how the. consumer's identity was authenticated. Additionally, Merchant's website must provide the consumer with
number for inquiries or authorization revocation. Merchant agrees that it shall conduct or have conducted annual audits to ensure that the financial information it obtains fron ifs customers
is protected by security practices and procedures that include, at a minimum level, the practices set forth in (2) through (ii), hereinabove. MERCHANT or MERCHANT'S 3rd party software
via
provider shall cooperate with Paya-EFT to test MERCHANT" Internet payment gateway and for any ongoing support issues. In all cases, CUSTOMER will provide check information
Internet and MERCHANT’s payment gateway. Merchant must obtain the customer’s authorization in accordance with the Rules thatcléarly demonstrates the customer's asseritto aiithorization
prior to initiating the ACH debit. In addition, if customer is providing recurring payment authorization, customer must be notified with the method to revoke its authorization, All items, goods
and services purchased in a single transaction shell be included in the total amount on a single ACH authorization. receipt and all entries must contain the correct customer bank routing,
all applicable state, federal of local
account, and check numbers, MERCHANT’s correct namic and telephone nuinber; the date of the transaction, the total cash price of the sale (inchiding
surcharges and taxes) or the amount to be charged if.a partial payment is mado in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been
made, Customer’s personel information including but not limited to CUSTOMER’s full name, address, telephone number, driver's license state and number, and a disclosure statement that
CUSTOMER understands he/she is authorizing MERCHANT to process an ACH debit entry to the CUSTOMER’ account and that if the ACH debit entry is returned unpaid, a fee of $25.00
or as allowable by law may be charged to CUSTOMER’s account, After customer authenticates the entry, MERCHANT’s payment gateway must prompt the consumer to print the
authorization and to retain.a copy and no transaction may be altered after Paya-EFT anthorizes acceptance of the ACH transaction, MERCHANT may. ‘not resibmit the transaction electronically
or deposit the original source document by any means, once Paya-EF'T authorizes a transaction, Failure to comply with the above requirements will, in addition to other penalties, subject
MERCHANT to chargebacks or withholding of funds aud may be grounds for immediate suspension/tenmination of services. MERCHANT ACKNOWLEDGES AND UNDERSTANDS
THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK. ACCOUNT WITHOUT ACCOUNT HOLDER'S EXPRESSED
AUTHORITY, MERCHANT HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUS, LOST, STOLEN, OR
FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWEULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE PER
INSTANCE UP TO A $500,000 MONTHLY FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY MERCHANT THAT ANY
TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY MERCHANT AFTER MERCHANT HAS RECEIVED APPROVAL FOR
ELECTRONIC DEPOSIT OF ACH TRANSACTION (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION
PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD Paya-EFT AND ALL OF ITS ASSIGNS AND
ASSOCIATES HARMLESS AND REIMBURSE Paya-EFT FOR THE TRANSACTION (S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE
TO REIMBURSE Paya-EFT FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS
AGREEMENT AND FEDERAL LAW, AND Paya-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.
CUSTOMER’s, AUTHORIZATION INITIATES DEBIT ENTRY, MERCHANT acknowledges that the customer's authorization allows MERCHANT to instruct Paya-EFT to initiate an
BLECTRONIC ACH TRANSACTION DEBIT ENTRY (“ENTRY") for MERCHANT against customer, It further permits Paya-EFT to reinitiate an ENTRY where the original ENTRY is
returned and to assess a collection fee against CUSTOMER. All such collection fees shall be the sole property of Paya-EFT. Paya-EFT shall be entitled to multiple re-presentavents and beto
assess a transaction fee as set forth on the Application against MERCHANT for each re-presentment. If an electronic check is returned unpaid after each re-prosentment, Paya-EFT shall
entitied to debit the MERCHANT’S account for the amount of the electronic check,
7. RESTRICTIONS ON ACCEPTANCE OF ELECTRONIC CHECKS FOR ELECTRONIC PROCESSING, From time to time, Paya-EFT shall establish necessary security and identification
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37048-2
Page 31
procedures for presentment of checks for electronic processing pursuant to the Rules and applicable law, MERCHANT agrees to comply with such procedures and to accept such “properly
presented” checks for electronic processing. Paya-EFT may establish minimum and maximum amount limitations on electronic checks presented for electronic processing by MERCHANT
And MERCHANT shall not accept or attempt to process electronic checks in excess of the maximum limitations established by Paya-EFT, {n no event will Paya-EFT accept or will
MERCHANT attempt to process an electronic Checks-By-Web greater than: (i) $2,500 for MERCHANTS that have been identified as “Existing Relationship” (i.¢, Bill Payment) Clients on
the Application and (ii) $500 for all other MERCHANTS unless otherwise approved in writing by Paya-EFT. Paya-EFT shall also establish the number of electronic checks that may be
submitted on a daily basis by any customer for electronic processing. MERCHANT agrees to provide Paya-EFT with any and all information neededto establish such limitations, MERCHANT
furtheragrees to inform Paya-EFT immediately of any changes in business activities, rules or regulations, which may affect these limitations. MERCHANT further agrees to abide by these
limitations as a condition for Paya-EFT to electronically process any checks,
AUTHORIZATION. RETRIEVAL REQUESTS. Whereby a financial institution, regulatory or law enforcement agency, or similar authotity has demanded from Paya-EFT proof of valid
consumer authorization, in accordance with NACHA Rules, MERCHANT shall provide said proof of authorization to Paya-EFT within (2) business days. In the event that MERCHANT
cannot provide the appropriate consumer authorization, and Paya-EFT suffers a penalty enforced by NACHA, Paya-EFT shall have the right to offset such penalty and charge MERCHANT
aminirmum of ($1000 per instance andup to a indiximum of $100,000 per month until the problem is resolved.
DAILY SETTLEMENT OF TRANSACTIONS. “Batch out”. shall mean that MERCHANT transmits all of the transactions to Paya-EFT by midnight (12:00 am) on the day Paya-EFT
authorizes the sale. In addition, @ny transactions contained in an utitimely batch out may be refused or become subject to chargeback 6r held until after a sixty-day period for consumer
Gliargebacks by Paya-EPT. [fs requested by Paya-EFT, all docuinentation related ta the customér’s Internet ACH Atithorization, including but not limited to cistomer’s telephone number
and billing and shipping address, must be faxed and received by Paya-EFT within 48 hours from the request date. MERCHANT acknowledges that failure to batch out on a timely basis may
de grounds for siispension or termination at Paya-EFT’s sole discretion, Paya-EFT roseryes the fight to hold additional monies as riecessary to reduce any risk associated with daily processing
of electronic checks, Paya-EFT may, in its sole discretion and to insure against, place a hold on funds due to MERCHANT in setileinent of transactions in order to insure against potential
losses. Paya-EFT will then provide a net deposit to MERCHANT oiter a period of time aceeptabls to Paya-EFT (usually 90 days ftom transaction processing date), In addition, MERCHANT
understands that a failure to batch out will delay funds boinig deposited into MERCHANTS’ account, MERCHANT | also acknowledges that
t Pay FT may apply ia $25. 00 fee, for each Paya-
EFT-assigned tetfuinal ID number daily on which MERCHANT fails to transthit’a timely batch out.”
19, ELECTRONIC CHECK. PROCESSING, Paya*EFT shall not be resporisible for the settlement of any Checks-By- Web for which. PaySEET has not received traniactions : Entries from
MERCHANT for processing within twenty-four howis of the initial transaction date of the transaction. MERCHANT shall be regiiired to Submit all documentation related to thé transactions
to Paya-EFT at Paya-EFT’s request. MERCHANT shall make its books and records available to Paya: -EFT iiin order to verify compliance with this agreement and iin order | to verify any
information in an Entry.
ll, ELECTRONIC CHECKS FOR WHICH MERCHANT WILL. NOT-BE FUNDED FOR. “UNDER CHECKS -BY-WEB: in addition to-the provisions ‘set forth in4 this ‘Agreement and
notwithstanding arly other provisions to the contrary, Payer -EFT shall have'né obligation to reimburse MERCHANT for ACH transactions that are: (a) Not honored by the customer's financial
institution because of tlie customer’s inStruictions to “stop payment” on the original source doctiment or electronic check; (b) Fraudulent, whether MERCHANT, its employees or agents are
inyolved, eithor as a principal or as an accessory, in the issudncé; (c) Accepted by MERCHANT or its eiuployees with advance knowledge of the’ likelihood of its being dishonored even
though authorized by Paya-EFT; (d) Lost, stolen, altered or Counterfeit, and Paya-EFT has feason to believe that MERCHANT failed to use reasonable Garein Verifying the customer's
identity; (¢) Given as a substitute for a previously dcéepted check, whether or not the check was authorized by Company or, any check upon which MERCHANT ‘has accepted full or partial
payment; (f) One 6f multiple checks presénted-to MERCHANT in ii single transaction for electronic processing; (g) For goods, if the goods are. sibsequently returned by customer or
repossessed by MERCHANT ‘or lien holder, within 65 days of date of purchase; (h) Not honored by the customer’s financial institution because of thé failuie of, the closing of or government-
imposed restrictions ori withdrawals from the fiiancial institution; 2) Checks for which Paya-EFT previously denied authorization; {j) Not.in compliance with this Agreement and not
proceséed in accordance with the ACH transaction prdcessing provisions of this Agreement, (k) Incorréct Routing aiid Aceotint Nuniber data Entry; ® Unable’ fo ‘locate ‘accouint or invalid
accoiitit nuntbér returns or unauthorized corporate account returns, a
12, PROVISIONAL SETTLEMENTS, MERCHANT: “acknowledges that all settlements between Paya-EFT and MERCHANT are provisional and are subject tto the custome
the ‘cha'ges ‘against the customer’s account,
ADDITIONAL MERCHANT REPRESENTATIONS AND WARRANTIES, MERCHANT also represents and warrants that: (i) thé description OF type ‘and iiatiire of MERCHANT’ 's business
in the Application is voniplete ‘and accurate arid will rémain sé during the térm of this Agreemént thé Application has been signed by a principle’ of MERCHANT ind that if there is a change
in Control of MERCHANT that MERCHANT. will not submit Entries under this'Agreement without Paya- BFT’s prior written consent; (ii) in the event of a security breach of MERCHANT’s
records or payniient gateway, MERCHANT will Aofify Paya-EFT immediately of such a breach and to provide as tntich information as may be required to allow Paya-BFT to-act accordingly
“to protect Paya-EFT’s legal rights ‘and résponsibilities and those of corisumers affected by the breach, (iii) MERCHANT has not submitted Electronic checks 'drawn fron it8 personal or
busidiess checkitig accounts on the MERCHANT"s elecivoni¢ chéck payment gateway; (iv) MERCHANT has used only the name and address contained in the Application on all its sales
drafts; (v) MERCHANT has not submitted duplicates of any transaction; and (v) the banking information submitted to Paya-EFT for processing has ot ‘been altered by! MERCHANT.
REVOS15 2023 Page 9 of 11
4143-1053-4 164.4
PLEASE NOTE: The complete Merchant Agreement includes these Terms ane Conditions and the Application on three (3) additional pages.
37048-2
Page 32
Checks-By-Phone Schedule
This Schedule is only applicable to processing telephone-initiated transactions utilizing the end-customer's Checking account-data, Paya-BFT products and associated software specifically
designed for such transactions will be utilized by Merchant, and such software will either bo hosted and maintained by Paya-EFT on Paya-EFT equipment, or alternatively, provided
directly to Merchant for installation on Merchant equipment. In all cases where Pays-EFT hosts the software for Merchant, the various termis and conditions referenced below régarding
disclosure, transaction and processing requirements, and all other requirements imposed by either regulatory agency, law, Paya-EFT, or otherwise shall have full force and effect, however,
in instances where the Paya-EFT hosted software already complies with Merchant requirements, the Merchant shall be relieved of certain of these responsibilities. Merchant agrees not to
change, modify, or alter such software or product in any way. Upon MERCHANT’S request and Paya-EFT’s approval, check guarantee services (hereinafter referred to as “Checks-By-
Phone Guarantee” service) will also be provided pursuant to provisions below. IF MERCHANT has not requested Checks-By-Phone Guarantee service, or if Paya-EFT has not accepted the
MERCHANT application for Checks-By-Phone Guarantee service, Paya-EFT will not be liable in any way for any rotunied checks of MERCHANT or its customers, for any reason.
1, CHECKS-BY-PHONE NON-GUARANTEE, This program offers no guarantee for checks that are retumed unpaid on CUSTOMER's account. Merchant may utilize the Paya-EFT Checks-By-
Phone Gateway or an approved method of electronic file transmission to use the Checks-By-Phone Non-Guarantes program. Merchant must submit a file for testing purposes prior to using the
Checks-By- Phone Service if Merchant utilizes electronic file transmission, Merchants who utilize electronic file transmission will not receive the benefit of, ‘pre-verification services to determine if
the CUSTOMER's account or driver's license is flagged by the national negative database for unpaid items and may result in higher returns or chargebacks to MERCHANT's account,
2. ACH COLLECTION, MERCHANT authorizes Paya-EFT to represent all retum itenis forwarded to Paya-EFT and to Originate and electronic entry for the amount of any allowable recovery fee.
Paya-EFT shail have sixty.(60) days from the date of receipt of retum ACH transaction item to complete their represontment process. If this Agreementis terminated for any reason, Paya-EFT will
tetain the right to complete their electronic represtntment process for all return ACH Transaction items forwarded to Paya-EFT prior to said termination,
3, REQUIREMENTS FOR PROCESSING CHECKS-BY-PHONE, MERCHANT shall comply with the following conditions when processing electronic checks and agrées to complete all
transactions in accordatiee with the provisions of this Agreement and such niles of operation as may be established by Paya-EFT from time to tine, CUSTOMER will piovide check information via
recorded oral telephone authorization or by completing written ACH authorization form. MERCHANT is aot authorized to process checks through this seryice if CUSTOMER doés not have a pre-
existing relationship with MERCHANT and MERCHANT initiated the call. A pre-sxisting relationship is established ifthe CUSTOMER has purchased goods/servicés from the MERCHANT
within the last two yeais or if there is a written agreement in place between the merchant and the Consumer for provision of goods or setvices (Le, a service contract}, MERCHANT shall accept only
the following sources to initiate ACH debit entries through Paya-EFT; (a) All demand deposit accounts must be drawn on or payable through a federally insured depository financial institution; be
imachine-readable MICR-encoded with the bank routitig mimber and aécount niiniber, and be for an amotint legs than $1,000.00 unless otherwise authorized by Paya-EFT. (b) MERCHANT shall
obtain proper identification in the form of a valid driver’s license number-ftom each customer (c) MERCHANT stall obiain a customer authorization in the form, of a signed written ACH
authorization form or by recorded oral ACH authorization for each transaction submitted for electronic processing; (4) MERCHANT shall authorize each ACH transaction through the Paya-EFT
Checks-By-Phone Gateway-based system to ititiate electronic processing or through approved file transmission. (¢) All items, goods and seivices purchased in a single transaction shall be included
in the total amount ona single ACH authorization form or recorded oral authorization; Once Paya-EFT authorizes the transaction, if MERCHANT: utilizes written ACH authorization form, ~
MERCHANT shal! ensuie that the customer that presented the electronic check signs the ACH authorization form or has provided recorded otal authorization, ‘To be valid, MERCHANT shall ensure
that the ACH Authorization form or recordéd oral ACH Authorization contains the correct customer bank routing, account, and check numbers from the MICR data, MERCHANT'S correct name
aiid telephone number; the'dato ofthe transaction; te total cash price of the sale (including all applicable state, federal or local surcharges and taxes) of the amount to be chargedifa partial payment
is made in gash or by credit card or the amount fo be charged as the remaining balance owing after the deposit has been made; Custoiner's personal information ineluding but riot limited *.
CUSTOMER?’s full name, address, telephone cumber, driver’s licénee state and number, last four of sodial security number or dato of birth in YYYY format, sure statement that CUSTOMER,
understands he/she i3 authorizing MERCHANT to process an ACH debit éntry to the CUSTOMER’s account and that if the ACH debit eniry is tetumied mpaid, a fee of $25.00 or as allowable by
law miy be charged to CUSTOMER’s account? (PA fer cuistomeér signs the ACH Authorization forin or clearly agree’ vid Recorded Oral ‘Auithotization, MERCHANT: ‘shall deliver to tie person
Lie... .présenting the ACH transaction a tue and:completed copy of the sales receipt via email, facsimile, or sales receipt must be included with product shipment and provide the consumer with a phone
“number for inquiries and method by which customer’s authorization may be revoked; (g) No ACH authorization form orrecotded oral ACH authorization may be altered after Paya-EFT ©
“authorizes acceptance of the ACH transaction, MERCHANT may not resubmit an ACH ‘transaction electronically or deposit the original source documentby any means, once Paya:EFT authorizes a
transpction; (h) MERCHANT fhiluré to input the correctronting number or account number into the Checks-By-Phone Gateway will result in MERCHANT'S loss of guarantee using the Checks-
‘By-Phone program: Failure to comply with the above requirements will, in addition to other penalties (such as but not limited to loss of guarantee of ALL transactions), subject MERCHANT to
chargebacks or withholding of fitids and diy De grctinds for immediate Suspensior/terinination of services’and indemnification of Paya-EFT. by MERCHANT pursuant to this Agreement, YOU
UNDERSTAND THAT IT IS AFEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT ACCOUNT HOLDER'S
EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUS, LOST, STOLEN, OR -
FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE PER
INSTANCE UP TO A $500,000 MONTHLY FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT 1S SPECIFICALLY UNDERSTOOD BY YOU THAT ANY
"TRANSACTION EVENT INIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSITBY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT
OF ACH TRANSACTION (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT.TO THIS
NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT. AGREES AND WARRANTS TO HOLD Paya-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS
AND REIMBURSE Paya-EFT FOR THE TRANSACTION (8) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO. REIMBURSE Paya-EFT FOR,
ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW,
AND Paya-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY, FURTHERMORE, Paya-EFT'S CHECKS-BY-
PHONE SERVICE IS NOT APPLICABLE FOR TELEMARKETING BUSINESSES (OR THE LIKE) IN WHICH THE PRIMARY FUNCTION OF THE BUSINESS IS OUTBOUND SALES
CALLS,.UNACCEPTABLE BUSINESSES FOR THIS PROGRAM INCLUDE COLD-CALLING, "BOILER ROOMS", MAIL ORDER MARKETING, CREDIT REPAIR AND/OR CREDIT
FSTABLISHMENT-OPPORTUNITIES, VACATION. AND/OR BENEFIT PACKAGES, AND INVESTMENT OPPORTUNITY OPERATIONS IN WHICH THERE IS NO PREEXISTING
RELATIONSHIP BETWEEN THE MERCHANT AND THE CONSUMER WHEREBY MERCHANT IS ENGAGING PRIMARILY IN OUTBOUND CALL AND/OR OUTBOUND MAIL
ACTIVITY TO INITIATE A CHECKS-BY-PHONE TRANSACTION, IF MERCHANT VIOLATES THIS AGREEMENT BY PARTICIPATING IN SUCH BUSINESS PRACTICES, Paya-
EFT SHALL IMMEDIATELY HOLD ALL MERCHANT'S FUNDS, CANCEL THIS AGREEMENT, DEBIT MERCHANT’S ACCOUNT FOR ALL RETURNS, AND TAKE OTHER
LEGAL ACTION AS DEEMED NECESSARY BY Pays-EI'T’S LEGAL COUNSEL, THE FEDERAL TRADE COMMISSION, THE UNITED STATES POSTMASTER GENERAL, AND/OR
NACHA (National Automated Clearing House).
4, CUSTOMER's AUTHORIZATION INITIATES DEBITENTRY, MERCHANT acknowledges that the customer's authorization allows MERCHANT to instruct Paya-EFT to initiate an
ELECTRONIC ACH TRANSACTION DEBIT ENTRY ("ENTRY") for MERCHANT against customer, It further permits Paya-EFT to reinitiate an ENTRY where the original ENTRY is retumed
and to assess a collection fee against CUSTOMER. All such collection fees shall be the sole property of Paya-EFT. Paya-EFT shall be entitled to multiple re-presentments and to assess a iransaction.
fee as set forth in the schedulo against MERCHANT for each re-presentment, If an electronic check is returned unpaid after each re-presentment, Paya-EFT shall be entitled to debit the
MERCHANTS account for the amount of the electronic check, - .
5, RESTRICTIONS ON ACCEPTANCE OF ELECTRONIC CHECKS FOR ELECTRONIC PROCESSING, From time to time, Paya-EFT shall establish necessary security and
identification procedures for presentment of checks for electronic processing pursuant to the Rules and applicable law. MERCHANT agrees to comply with such procedures and to accept
such "préperly presented" checks for electronic processing. Paya-EFT shall establish minimum and maximurn amount limitations on electronic checks presented for electronic processing
by MERCHANT, MERCHANT shall not accept or attempt to process electronic checks below the minimum or in excess of the smaxinruni limitations established by Paya-EFT. In no event
will Paya-BF'T accept an electronic Checks-By-Phone greater than $1,000.00 for processing without prior written authorization by Paya-EFT. Paya-EFT shall also establish the number of
electronic checks that may be submitted on a daily basis by any customer for electronic processing. MERCHANT agreos to provide Paya-EFT with any and all information needed to
establish such limitations, MERCHANT further agrees to inform Paya-EFT immediately of any changes in business activities, rules or regulations, which may affect these limitations.
MERCHANT further agrees to abide by these limitations as a condition for Paya-EFT to electronically process any checks, Customer must initiate the transaction and complete the ACH
authorization form or recorded oral authorization,
6. UNACCEPTABLE TRANSACTIONS, In addition to the restrictions set out above and in any event, the following transactions are unacceptable for electronic processing. MERCHANT agrees not
to submit any of the following transactions to Paya-EFT for electronic processing; (a) MERCHANT shail not electronically process any electronic checks drawn on any depository institution that is
not federally insured or part of the ACH network, (b) MERCHANT shall not electronically process any electronic checks drawn on the business or personel checking account of MERCHANT or any
‘ofits agents or employees, (c) MERCHANT shall not accept any third party items for electronic processing or electronic checks for "cash" or "cash back", (@) MERCHANT shall not submit for
processing any transaction representing the financing ofan existing obligation whether previously owed to MERCHANT, arising from the dishonor of'a check, a dishonor ofan electronic ACH
transaction or arising from a credit card, debit card or smart card dispute with the MERCHANT, (¢) MERCHANT shall not submit a transaction for processing which represents an attempt to collect
a chargeback, (f) MERCHANT shall not submit an electronic check for goods or services that are not provided to the customer, including any electronic ACH transaction given for a service contract,
gilt certificate, a layaway (except for the final payment) or for a similar transaction, or for goods or services provided to a third party, (g) MERCHANT shall not submit an electronic check which is
altered by the Merchant in any way (h) MERCHANT shall not knowingly submit a check on an account on which Paya-EFT previously dented authorization. MERCHANT's submission of any of
the above transactions for electronic processing may subject the MERCHANT to immediate suspension or termination and ail finds of MERCHANT, including those in MERCHANT'S account,
REVO5152023 Page 40 of 11
4143-1053-4164.4
37048-2 , PLEASE NOTE: The complete Merchant Agreement Includes these Terms and Conditions and the Application on three (3) additional pages.
Page 33
may be placed on hold or charged back to merchant, 3.5 SURCHARGES AND TAXES, MERCHANT shall not impose any illegal surcharge on any processed electronic checks. MERCHANT
shall collect all required (axes at timo of gale. All required taxes must be included in the total transaction amount at the time such is submitted for authorizationby Paya-EFT and must be reflected in.
the face amount of the electronic check. In any event, MERCHANT shall not collect any required taxes separately in cash, or otherwise. MERCHANT is responsible for paying all taxes collected to
the appropriate authorities in a timely manner,
SOFTWARE, MERCHANT shall utilize electronic check software provided by Paya-EFT for processing all electronic check transactions. (a) MERCHANT is responsible for all telecommunication
fees and charges, including but not limited to telephone fees, associated with and related to the use of the software. (b) MERCHANT shall maintain all equipment necessarily related to electronic
check processing, including necessary file servers, computer and telecomumunications equipment in good working order at MERCHANT sole expense. (c) MERCHANT shall advise Paya-EFT
immediately in the event ofbreakdown of related equipment, electronic check software problems or of any other system failure, (d) MERCHANT acknowledges that Paya-EFT is not responsible for
any related computer and telecommunications equipment used by the Merchant. In this regard, Paya-EFT shall not be responsible for any unauthorized tampering or altering to equipment and
software specifically installed by Paya-EFT on the part the Merchant or Merchant's agent. Additionally, Paya-EFT's approval ofsuch equipment does not constitute an express or implied warranty,
representation or endorsement of such equipment,
USE OF EQUIPMENT, MERCHANT agrees to utilize only equipment approved by Paya-EFT for the electronic processing of Checks-By-Phone transactions and in a format and medium of
transmission acceptable to Paya-EET.
DAILY SETTLEMENT OF TRANSACTIONS, "Batch out" shall mean that MERCHANT totals and settles all of the transactions by midnight (12:00 am) of the day Paya-EFT authorizes the sale
aud transmits the information contained in the batch out to Paya-EFT. In addition, any transactions contained in an untimely batch out may be refused or become subject to chargeback or held until
after a sixty-day period for consumer chargebacks by Paya-EFT, If MERCHANT account is Checks-By-Phone Guarantee then electronic checks contained in an untimely batch out are not covered
under the GUARANTEE program. If so requested by Paya-EFT, the signed writien ACH Authorization Form or Recorded Oral Telephone Authorization must be sent out and received at Paya-
EFT’s designated location within 48 hours from the request date, Failure to do so will remove Paya-EFT’s obligations under the Guarantee program for such electronic checks at Paya-EFT's sole
discretion, MERCHANT acknowledges that failure to batch’ cit on a timely basis may be grounds for suspension or termination at Paya-EFT's sole discretion, Paya-EFT reserves the right to hold
additional monies as necessary to reduce any risk associated with daily processing of electronic checks, Paya-EFT also reserves thé right to move monies into an account of its choosing to hold it
against retums to those monies and providing to the merchant a net deposit after a period of time acceptable to Paya-EFT, MERCHANT acknowledges that failure to batch out will delay funds being
deposited and loss of guarantee coverage on those ACH transactions and Paya-EFT may apply a $25.00 fee for each terminal daily on which MERCHANT fails to trmsmita timely batch out,
PROVISIONAL SETTLEMENTS, MERCHANT acknowledges that all settlemenits between Paya-EF'T and MERCHANT ate provisiosial and are subjectto the custonier's rights to dispute the
charges against the customer's account, In submitting electronic checks to Paya-EFT, MERCHANT endorses and assigns to Paya-EFT all right, title and interest to such electronic checks with rights
of endorsetuent MERCHANT acknowledges that Paya-EFT has the right to receive payment on all electronically processed checks acquired and MERCHANT will not attempt to collect on any
such transactions, Fahy payment is tendered to MERCHANT, MERCHANT will notify Paya-EFT by telephone of the paynient, endorse the check, and sign it over to Paya ‘EFT and. immediately
mail the payment to Paya-EFT by certified mail. If customer pays cash, MERCHANT shall reimburse Paya-EFTby MERCHANT's check.
li AUTHORIZATION RETRIEVAL REQUESTS. Whereby a financial institution, regulatory or law enforcement agency, or similar authority has demanded ftom Paya-EFT proof
of valid consumer
authorization, in aecordance with NACHA Rules, Merchant shall provide said proof of authorization to Paya-EFT within (10) business days. In the event that Merchant cannot provide the
appropriate consumer authorization, and Paya-EFT suffers a penalty enforced by NACHA, Paya-EFT shall have the right to offset such penalty and charge Merchant a minimum of ($1000 per |
instance and up to a maximum of $100,000 per month until the problem is resolved.
ELECTRONIC CHECK PROCESSING, Paya-EFT shall not be responsible for the payment of any Checks-By-Phone of MERCHANT that Paya-EFT has not recéived for processing from.
MERCHANT within twenty-four hours of the initial transaction date of said Electronic check(s), MERCHANT shall be required to submit all documentation related to the transactions to Paya-EFT
at Paya-EFT’s request. MERCHANT shall make its books and records available to Paya-EFT.
3 ELECTRONIC CHECKS FOR WHICH MERCHANT WILL NOT BE REIMBURSED UNDER CHECKS-BY-PHONE GUARAN TEE, In addition to the provisions set forth in this Agreement
and notwithstanding any other. provisions to the contrary, Paya-EFT shall have no obligation to reimburse MERCHANT for ACH transactions that are: (a) Not honored by thé customer's financial
+ sinstitution because of the customer's instructions fo “stop payment” on the original source document or electronic check; b) Friudulent, wheihét MERCHANT, its employeés or agents are involved,
either as a principal or as an accessory, in the issuance; (c) Accepted by MERCHANT or its employees with advance knowledge of the likelihood of its being dishonored even though authorized by
Paya-EFT; (d)Lost, stolen, altered or counterfeit, and Paya-EET bas reasoui to believe that MERCHANT failed to use reasosabie care in verifying the customer's identity; (e) Given as a substitute for -
a previously accepted check; whether or not the check was authorizedby Company or, any check upon which MERCHANT has accepted fall or partial payment; (8) One of multiple checks presented
to MERCHANT iti a single transaction for electronic processing; (g) For goods, if the goods are subsequently retumed by customer or repossessed by MERCHANT or lien holder, within 65 days of
date of purchase; (t) Not honored by the customers financial institution because ofthe failure of, the closing of, or goyermment-imposed restrictions on withdrawals frém the financial institition; (i)
Checks for which MERCHANT returns cash back to the customer, unless MERCHANT is approved in writing by Paya-EFT for suich cash back; (j} Checks for which Paya-EFT previously denied
authorization; (k) Not in compliance with this Agreement and n6t processed in accordance with the ACH transaction processing provisions of this Agreement; (1) Incorrect Ror .
_ Number data entry; (m) unable to locate account or invalid account umber returns or unauthorized corporate account returns, In addition, before processing the check and as a condition to honoring
the check, MERCHANT shall obtain sufficient personal information to locate the person presenting the check, including but not linited to a current home or business telephone number including
area code, a current home address consisting of a street or rural route address, not a post office box, and the customer's valid, unexpired driver's license number or nonedriver identification number
together with the state of issuance, and the last four digits of customer’s social security number or year of birthin YYYY format. MERCHANT shall ensure that this identifying information is legibly
prinied on. the ACH Authorization form or clearly captured on the recorded oral authorization; (n) ACH Authorization form or recorded oral authorization must contain a current phone number of
customer;-(0) ACH authorization forms or recorded oral authorizations must contain the customer’s drivers license number; (p) Paya-EFT must receive the completed ACH Authorization form or
recorded. oral authorization within 48 hours of Paya-EI'T’s request; (0) MERCHANT'S failure to input into the Checks-By-Phone system the correct routing number or account number will result in
MERCHANT'S loss of guarantee.
* ADDITIONAL MERCHANT WARRNATIES. With each transaction presented to Paya-EFT by MERCHANT for authorization, MERCHANT specifically warrants and represents that: a)
MERCHANT, nor any ofits employees have submitted Electronic checks drawn from their personal or business checking accounts on the MERCHANT's eleotronic check software; (b)
MERCHANT uses only the name sind address shown on the front of the ‘Agréeirient on all its sales drafts, (c) MERCHANT has not submitted duplicates of any transaction; (4) MERCHANT
‘eastants that thé Checke-By-Phone banking information oa the printed receipt and writan or recorded ACH authorization is cotreet; and (¢)no ransantion submitted for authorization fo Paya-BFT is
vweith or through an entity other than MERCHANT.
1s, SETTLEMENT NAD CHARGEBACKS, Settlement shall consist of a 7-business-day net settlement period. Chargebacks will be deducted from net settlement or may be debited from.
MERCHANT’s account ifno pending credits are available to offset the chargeback,
15 20 3
REV05152023 Pi Page
14 off 11.
4143-1053-4164.4
PLEASE NOTE: The complete Merchant Agreement includes these Terms and Conditions and the Application on three (3) additional pages.
37048-2
Page 34
Jeanne Viger
From: Brigid M. Maloney <[email protected]>
Sent: Friday, March 20, 2026 10:55 AM
To: Jeanne Viger
Subject: MuniciPay Contract
Attachments: TOA MuniciPay Contract.pdf
Jeanne,
The agreement contains a number of terms that are unfavorable to the Town. Below are only a few of them which |
have identified as being the most material, and must be addressed before the Town can sign:
Contract Section Recommendation
Personal Guarantee Section Delete this section-—DO NOT SIGN. As a municipality, the Town’s obligations
(pg. 2) . are backed by its taxing authority, making a personal guarantee unnecessary.
Unilateral Fee The Town cannot allow unilateral unbudgeted, unapproved price changes by the
Changes/Amendments vendor. Please either delete this section or change the notice requirement to 30
(Section 33 & 36) days, plus add the Town’s right to terminate without penalty in the event of a
price increase.
Termination (Section 31) JAdd mutual termination rights notice requirements for the benefit of the Town;
also allow the Town to cure any breach, and eliminate or cap the termination
fee.
One-Sided Indemnification Make mutual or delete.
(Section 26)
Governing Law/Venue (Section | Change to New York law, Erie County venue
39)
Broad Security Interest Limit to settlement and reserve accounts only. Delete reference to Town’s
(Section 27) deposit accounts.
One-Sided Attorney's Fees Make mutual or change attorneys’ fees clause to award attorneys fees
(Section 38) prevailing-party in the event of litigation.
Assignment (Section 30) Require notice to Town priorto assignment and add language allowing Town to
terminate on objectionable assignment.
Should you have any questions, please let me know,
Brigid
Brigid M. Maloney
Partner
Page 35
123
Town of Aurora Office (716) 652-8866
Department of Parks & Recreation Fax (716) 652-5646
575 Oakwood Avenue [email protected]
East Aurora, New York 14052 www.aurorarec.com
To: Town Board
From: Chris Musshafen
Date: 4/22/2026
Re: Summer employees
Approval is requested to hire seasonal pool and recreation staff as presented. The rates are
based on the board approved 2026 rate chart. In 2026 the minimum wage increased from
$15.50 to $16.00 per hour. Program costs were raised to offset the rate increase.
httrtdrle sfreloy
Page 36
Community Pool Staff Summer 2026
Name Address Position | Year Current Rate 2026
Weston [Valentine 365 South St LGAWSI/HG | 6/5/2| $18.25/$19.75/$18.50] $18.50/$20.00/$18.75
Lillian Mruzik 218 Olean St SLC 6/5/2|_$18.25/$19.75/$18.50| $18.50/$20.00/$18.75
Edward — [Randall 1100 Center St FM 2 $19.25 $19.50
Elliott Marshall 40 Girdle Rd LG 5 $18.00 $18.25
Megan Valentine 365 South St LG 5 $18.00 $18.25
Gregory [Wilber 100 Byeberry Cr LGAWSI/HG | 5/4 $18.00/19.50 $18.25/19.75
Addison —_|Grubka* 59 Greystone Ln. (OP) |LG/HG Ait $17.75 $18.00/18.50
Parker Nagy 138 North Willow LG 4 $17.75 $18.00
Susannah |Winfield 293 Perry St LGAWSI/HG | 4/3/1 Rehire] $18.00/$19.50/$18.50
Erin Zagrobelny 64 South Willow LGAWSI 4/13 $17.75/$19.25 $18.00/$19.50
Tessa Fowler 26 N. Willow St. LG 3 $17.50 $17.75
Paul Hulme 1040 Porterville Rd LG 3 $17.50 $17.75
Emmett [Merrick 255 Geneva Rd LG 3 $17.50 $17.75
Gia Patterson 280 Greenwood Ct LG 3 $17.50 $17.75
Olivia Strzelec 17 Tolland Bore LG 3 $17.50 $17.75
Mila Tunkey 2000 Blakeley Rd LG 3 $17.50 $17.75
Nick Williams 16 Adamwood Dr. LG 3 Rehire $17.75
Carter Gipe 2412 Walnut St. LG 2 $17.25 $17.50
Taylor Keohane 985 Mill Rd LG 2 $17.25 $17.50
Luke Krieger 113 Church LG 2 $17.25 $17.50
Owen Pietrantone 845 Linden LG 2 $17.25 $17.50
Katie Phillips* Springville, NY LG 2 $17.25 $17.50
Mason Szymanski 60 Center Ridge Rd LG 2 $17.25 $17.50
Peter Calleri 61 Bowen Rd. LG 1 |N/A $17.25
Otillia Hillegas 216 Glenridge Rd. LG 1 |N/A $17.25
Owen Walker 160 S. Willow LG 1 |N/A $17.25
Aurora Aveal Vasquez |176 Girard Ave LG 1 |N/A $17.25
Josh Bartlette* 11 Templeton Tr. LG 1 |N/A $17.25
Stephanie |Sugorovskiy 5 Fairlawn Dr. LG 1 {N/A $17.25
Ava Cimini* 11229 Sunrise Ln SLC 1 |N/A $19.25
FM Facility Manager
SLC Swim Lesson Coordinator
LG Lifeguard
HG Head Guard- will be paid head guard rate only while working as a head guard
WSsl Water Saftey Instructor- will be paid WSI rate only while working as a WSI
*Non-residents. Addison has worked with us for 3 years and has been a solid employee. Katie was a great
swim lesson volunteer last season and is ready to move into a paid position.
Page 37
Name Address Position Year Current Rate 2026 Rate
Aures Kathy 533 Snyder, EA PA 20th $18.85 $18.85
Barone Scarlette |371 South St., EA HTC 5th $19.00 $19.25
Bell Alex 2083 Pineview Ct., Marilla SP Ast New $17.00
Berger Matthew [4167 East Blood, Cowlsville bcc 2nd $17.00 $17.25
Biggs Oliver 780 Warren Drive, EA DCPC 10th/6th $19.50 $19.75
Boersch Owen 1279 Warren Rd, EA DCC 3rd $17.25 $17.50
Cassidy Colin 357 S. Park., EA DCC/AKT 5th/3rd $17.25 $17.50
Collins Ivan 186 S, Grove, NY SP/sub 5th $17.25 $17.50
Dixon Alissa 148 Blake Hill Rd., EA DCPC/AKT 8th/3rd $20.25 $20.50
Everhart Felicity 428 Girard, EA Sub 1st New $16.50
Faherty Noah 28 Park Lane South EA TRKC ist New $16.75
Ferrara Matthew |6062 Vermont Hill Rd, 5. Wales [SP 5th $17,50 $17.75
Gallo Avery 491 Griggs Place, EA EXLT/sub 1st New $18.25
Gallo Grace 491 Griggs Pl, EA SP/sub 1st new $17.00
George Elaine 6813 Olean Rd., S. Wales DCC 1Oth/7th $18.25 $18.50
Giallanza Laura 2491 Emery Rd EA Bcc 2nd $17.00 $17.25
Jurns Merideth |1004 Porterville Rd, EA SP/sub Ist New $17.00
Kunz Halley 1008 Davis Rd. EXLT/sub 2nd $16.50 $16.75
Martino Emma 660 Center St. EA sP/Sub Ast New $16.75
Matott Mary 821 Matin Drive TRKC Ast New $16.75
Mongomery |Nick 43 First St, Franklinville SP 10th $18.25 $18.50
O'Leary Emilia 271 Perry st, EA Office 3rd $17.00 $17.25
Roorbach {Nathan [215 Hamlin EA SP/sub 3rd $17.25 $17.50
Spencer Helena 218 Walnut, EA TC 1st New $17.00
Stanz Sarah 261 Mill Rd, EA bcc 3rd $17.25 $17.50
Sugarovskiy |Stephanie |6 Fairlawn Dr HGT Ist New $16.75
Tresmond {Jada 160 Blake Hill R.,, EA DCC 5th/2nd $17.25 $17.50
Vanderbosch|Madelyn {208 Treehaven Dr EA DCC 3rd $17.25 $17.50
DCPC Day Camp Program coordinator AKT Aktion Club
DCC Day Camp Counselor HGT Hamlin's Got Talent
EXLT Exclusively Little Teacher
PA Program Assistant
HTC Head Tennis Coach
TC Tennis Coach
THTR Theater
TRKC Track College
SP Sports
Elaine George is a non-resident, she lived In town when she was first hlred and has worked for the rec. program the last 8 years.
Kathy Aures deviates from the pay chart due to her length of service,
Mathew Berger Is a non, Res. and will graduate this spring with a degree in El. Ed. He was the only qualified applicant.
Nick Montgomery Is a non-resident, he IIved in town when he was first hired and has worked for the Rec Dept for the last 9 years.
Matt Ferrara is also a non-resident. He has worked for the re. program for 4 years and is a certified teacher.
Alex Bell is a non resident and was the only quailifted applicant.
Page 38
Charles Snyder
6
From: Chris Musshafen
Sent: Tuesday, April 14, 2026 9:42 AM
To: Charles Snyder
Subject: Verizon Mobile Site
Attachments: East Aurora Soccer Temp 26_fCDs_rev1_20260219 (003).pdf; COW Agreement ~ East Aurora Soccer
Temp 26 - 5000994001 (003).doc
Good Morning Chuck,
A representative from Verizon, Will Grover, called me this morning to discuss setting up a temporary mobile site at Knox
to increase cell coverage for the upcoming Lancaster Soccer Tournament that is being held 7/24-7/26. There is no cost
for them to set up the mobile unit. Attached is the agreement that they are looking for the town to sign.
-ls this something that you are interested in allowing at the park?
-Does this need to go to the board for approval, or can you just sign it?
-Will also contacted Jen Brazil and will be setting up a mobile site during Borderland. Does this need to be approved by
the board, or does it fall under Jen’s permit since Verizon is a vendor for Borderland?
Let me know your thoughts.
Best,
-Chris
Chris Musshafen
Tawn of Aurora
Director of Recreation and Aquatics
Head Coach of EAST Swim Club
Office: (716) 652-8866
Page 39
Licensee Site Name: East Aurora Soccer Temp 26 - MDG ID: 5000994001
AGREEMENT
This Agreement is made, and shall be effective, as of the last date of the signatures below,
(“Agreement”) between Town of Aurora, with a principal address of 575 Oakwood Ave., East
Aurora, NY 14052, ("Licensor") and Bell Atlantic Mobile Systems LLC d/b/a Verizon
Wireless, with a principal address of One Verizon Way, Mail Stop 4AW100, Basking Ridge,
New Jersey 07920 (telephone number 866-862-4404) ("Licensee").
1. Licensor hereby grants unto Licensee a license to use a 50’ by 50’ parcel located at 0
Knox Rd, Tax ID: 142489164.00-2-38.1 ("Property"), which is more particularly described on
Exhibit A attached hereto and made a part hereof, together with the right to place upon the Property
a communications facility (“Facility”). Licensor also grants unto Licensee the non-exclusive right-
of-way for ingress and egress, 7 days a week, 24 hours a day, on foot or motor vehicle, including
trucks. Said right-of-way and Property are generally described on Exhibit A attached hereto and
made a part hereof. Further, Licensee shall have the right to install and maintain conduits, pipes,
cables and wires to its Facility within the Property as necessary to supply utility service and power
to the Facility or as otherwise needed to service the Facility as reasonably determined by Licensee.
2. The term of this Agreement shall be for the period from July 1, 2026 through and
including July 30, 2026.
3. In consideration for the rights granted herein, Licensor’s Property will receive the
benefits of enhanced wireless communications arising from operation of the Facility.
4. Licensee reserves the right to terminate this Agreement on 30 days written notice
and upon such termination, Licensee will remove all of its equipment and improvements and restore
the Property to its original condition, normal wear and tear excepted.
brat verizon
Page 40
Licensee Site Name: East Aurora Soccer Temp 26 - MDG ID: 5000994001
5. Licensor and Licensee shall indemnify, defend and hold the other harmless
against any claim of liability or loss from personal injury or property damage resulting from or
arising out of the negligence or willful misconduct of the indemnifying party, its employees,
contractors or agents, except to the extent such claims or damages may be due to or caused. by
the negligence or willful misconduct of the other party, or its employees, contractors or agents.
Licensee shail maintain at its own expense during the term of this Agreement, commercial general
liability insurance with limits of $5,000,000.00 per occurrence for bodily injury and property
damage and $5,000,000.00 general aggregate. Licensee shall provide a certificate of insurance to
Licensor as proof of said coverage. Upon receipt of notice from its insurer(s) Licensee shall use
commercially reasonable efforts to provide Licensor thirty (30) days’ prior written notice of
cancellation of any required coverage. Except with respect to the indemnification set forth in this
paragraph, neither party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contract, tort Gncluding negligence), strict liability or otherwise.
6. Licensor covenants that Licensee, upon performing the covenants set forth herein,
shali peacefully and quietly have, hold and enjoy the Property. Further, Licensor covenants that
Licensor is seized of good and sufficient title and interest to the Property and has full authority to
enter into this Agreement.
7. This Agreement may be sold, assigned or transferred by Licensee to Licensee's
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all
of Licensee's assets in the market defined by the Federal Communications Commission in which
brat verizon
Page 41
Licensee Site Name: East Aurora Soccer Temp 26 - MDG ID: 5000994001
the Property is located by reason of a merger, acquisition or other business reorganization, without
the consent of Licensor. As to any other parties, any sale, assignment or transfer must be with the
written consent of Licensor, which consent shall not be unreasonably withheld.
8. All notices hereunder must be in writing and shall be sent certified mail, return
receipt requested or by commercial courier, provided the courier's regular business is delivery
service and provided further that it guarantees delivery to the addressee by the end of the next
business day following the courier's receipt from the sender, to:
Licensor: Town of Aurora
575 Oakwood Ave.,
East Aurora, NY 14052
Licensee: Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
With a copy to: Basking Ridge Mail Hub
Attn: Legal Intake
One Verizon Way
Basking Ridge, New Jersey 07920
*Signature page to follow*
brat verizon
Page 42
Licensee Site Name: East Aurora Soccer Temp 26 - MDG ID: 5000994001
IN WITNESS WHEREOF, this Agreement is effective and entered into as of the date
last written below.
LICENSOR:
Town of Aurora
By:
Name:
Title:
Date:
LICENSEE:
Bell Atlantic Mobile Systems LLC
d/b/a Verizon Wireless
By:
Name:
Title:
Date:
Draft 1
verizon
Page 43
Licensee Site Name: East Aurora Soccer Temp 26 - MDG ID: 5000994001
Exhibit A
Description
See attached 5 page(s)
Dra verizon
Page 44
Application #
Application for Temporary Use Permit
. Town of Aurora Parks .
Submit applications to:
Town of Aurora Recreation Department
$75 Oakwood Ave
East Aurora, NY 14052
Telephone (716) 652-8866 | Fax: (716) 852-6646
- All requesis must he made no less than 30 days in advance of eventiuse.
. Name of Organization: : "East Aurora Baseball & Softball
“Individual Responsible for this request; _Pan Mirsky
Address: oo 428 South Street, East Aurora 14052
Telephone number: 716-289-1349
Fax: °
‘Email Address: [email protected]
FN D
Date(s) of event Saturday, May 18, 2026
Hours of use including set up/take down: Start Neen amipm End 8pm am/pm
Description of the event or use:
o
East Aurora Baseball & Softball Day of Play, Presented by Arriba Tortilla. This is our opéning day
" event that includes a parade of teams from 300 Gleed fo the Moose Field, American Legion
Presentation of Colors, National Anthem, Hall of Fame induction, and more. Then games from 2-5pm.
| Food will be provided by the Del Aureo's Snack Shack and one or two food trucks TRU.
10. Specific area(s) requested, map attached
JP Nicely West Falls Park
Warren Drive Park
Majors Park
x. Gormunity Pool Park
it. Specific equipment to be brought iin to park (porta johns, tents, ete, )
12. Need: Water Electric
13. Estimated attendance: 300
14. Will food or drinks be served? Yes If yes, describe: Snack Shack will be open. Also, we
are planning ta have one or two foad trucks (TBD). ,
” Revised on 2/25/20
Page 45
. 15. Will there be sound amplification or music or a band(sy? Y°S___ If yes, describe:
PA system for playing music and singing of National Anthem
16. Other services requested (describe):
Police
Parks and Recreation Department
(Provide drawings describing location, size and text of all proposed signs for this event
to the Town of Aurora Building Department, 575 Oakwood Ave. Approved signs may be
erected 30 days prior to the event and must be removed immediately after same. )
"| make this application and agree to abide by the Guidelines for Use of Town: of
Aurora Parks.
Daw Mirsky a 3/27/26
Signature of Applicant oo ., Date
Official Use Only Below this Lines see eeeeeeee
eee a eee eee eee eee
Event:
’ Attachments submitted:
Ke Indemnification Agreement
x. Certificate of Insurance
XxX. Map with area(s) requested to be used indicated
LG Copy of application for sign permit, if applicable, (Upen application approval,
copy of approved sign permit must be filed with the Town Clerk NO. LATER
THAN 5 days prior to scheduled event. ).
Application "(Recommended or CNet recommended
by Recreation Department
Revised on 2/25/20
Page 46
ACORD™ CERTIFICATE OF LIABILITY INSURANCE ___.. [= tugorerm
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICATE HOLDER. THIS
CERTIFICATE BOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certliicate holder fs an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION IS WAIVED, subject to the terms and condlitlons of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
K&K INSURANCE GROUP, INO. CONTACT pita Bliss
PO BOX 2338 PHONE Fr FAX
FORT WAYNE iN 46801 (AG, No. Exp: 800-736-7358 (AiG, No):
: : EAEss, anita [email protected]
INSURED INSGRER(S) AFFORDING COVERAGE NAIC #
MEMBER NO: INSURER A: New HampshireInsurance Company _ 23841
EAST AURORWHOLLAND YOUTH BABE RUTH LEAGUE er Ret &: National Union Fire ins Co of Prfsburgh | 19445
DBA: East Aurora Holland Babe Ruth League INSURER Dy
428 South Street , East Aurora, NY 14052 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
(INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOGUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN {S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS GF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUGED BY PAID CLAIMS,
ine
NER TYPE OF INSURANCE ADECISUBR’
ROOT MER] poucynumBer POLICYEFF
| money ee, || canon
POLICY EXE : LIMITS
X [COMMERCIAL GENERAL LIABILITY BACH OCCURRENCE $1,090,000
A _Jotams-maDe PREMISES (ee orstinance) $1,000,000
: MED EXP (Any one person) $ 5,000
All.0003450194704 | 2/27/2026 | 2/4/2027 | PERSONAL & ADV INJURY $7,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: T201AM | 12:01AM | GENERAL AGGREGATE $5,000,000
poucy [~ |prouect [~ |uoc PRODUCTS-COMP/OPAGS | $1,000,000
OTHER: ; PARTICIPANT LEGAL LIABILITY | $1,000,000
AUTOMOBILE LIABILITY GOREINED SINGLE OMIT $1,000,000
ANY AUTO . BODILY ARUURY (Per person)
A TRHNEP oy — San AlLoo0a480184704 arerianes | 2027 [RoDILy wNJURY Per aclder)
[xc] HIRED. X | NON-OWNED 3 20 [PROPERTY DAMAGE
AUTOSONLY LX | AUTOS ONLY. (Par accidents
UMBRELLA LIAB [# [OCCUR EACH OGGURRENCE
EXCESS LIAB # | CLAIMS-MADE AGGREGATE
pep |_| RETENTION zy
WORKERS COMPENSATION : EER |
Serie
OFFICERIMEMBER EXCLUDED’
eccme | Nita octet
EL. BAC! A ACCIDENT oa, PE
(Mandatory in Nt) EL, DIBEASE— EA EMPLOYEE
IFyes, descrbe und
SSGRIPTION OF OPERATIONS below £.L DISEASE— POLICY LIMIT
5 [PARTICIPANT ACCIDENT AspoooGoBBSs5-00 | 2e7/2028 | 2/2027 Excess Medical $250,000
i20tAM | 1201AM [Apap $ 15000
DESCRIPTION OF OPERATIONS / LOGATIONS / VEHICLES (AGORD 104, Additional Rethurke Schedule, may be attachad If more space ia aquired)
ADDITIONAL INSURED: ANY PERSON, ORGANIZATION OR ENTITY WHO iS ENGAGED IN PROVIDING THE PREMISES, IS A SPONSOR OR CO-PROMOTER, BUT SOLELY WITH RESPEGT TO
THE OPERATIONS OF THE NAMED INSIRED.
SEXUAL ABUSE/MOLESTATION: $1,000,000 PER OCCURRENCE/$3,000,000 AGGREGATE
CERTIFICATE HOLDER . CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
B § Coverage THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
denne of Coverng ACCORDANCE WITH THE POLICY PROVISIONS.
Town of Aurora AUTHORIZED REPRESENTATIVE,
575 Oakwood Ave , East Aurora, NY 14052
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION, All rights reserved,
The AGORD name and loge are registered marks of ACORD
Page 47
SUPERVISOR - i; ; Tara : , TOWN CLERK
Charles Snyder f in Jeanne Viger
(716) 652-7590 oA Sy : (716) 662-3280
supervisonétownofaurora.com a : fownclerk@ ftownofaurora.com
TOWN OF AURORA re
575 Oakwood Ave., Hast Aurota, NY 14052
www.townofgurora.com
Indemnification Agreement
Town of Aurora Parks
To the fullest extent permitted by law, [Me shall indemnify and hold harmless the Town of Aurora and
its employees from and against claims, damages, losses and expenses, including but not limited to
attomey’s fees, arising out of or resulting from performance of our work under this contract, provided
that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or injury to or destruction of tangible property, including the joss of use resulting there from but only to
the extent caused in whole or in part by negligent acis or omissions of our organization, anyone
directlyor indirectly employed by us or for anyone for whose acts they may be liable, regardless of
whether or riot such claim, damage, loss or expense is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to otherwise exist as to a party or person described
in this paragraph. ; . ;
Tt?
Authorized Applicant or Officet
of.)
State of New York } .
County of Erie }
_ Subscribed and sworn to before methis_ ol day of _April ,20_ gw
: , st AMY A. TRIPLET
. Core, Va peel, NOTARY PUBLIC-STATE.CF NEW YorK
- Notary Public .
.
. No. 01 TR6426936
Myc. Qualified in Erie County
Qualified in Erie County, New York oY Commission Expires 12-20-2029
My commission expires: _ 12.J2.0/-202 4
Crested on 1/28/2026 4:35:00 PM
Page 48
TOWN OF AURORA SENIOR CENTER | b A
101 King Street, Suite A
East Aurora, New York 14052
Phone: (716) 652-7934
Fax: (716) 652-9083
MEMO
TO: SUPERVISOR CHARLES SNYDER & TOWN BOARD MEMBERS
FROM: DONNA BODEKOR, SENIOR CITIZEN RECREATION LEADER
DATE: April 10, 2026
| am asking the Town Board to accept a donation of $200.00 from the Western
Zone Retired Teachers Association. | ask that these funds be deposited in
TA1000.0090. The -funds will be used towards the purchase of new planter
boxes in the front of our building.