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Item 15 - Enterprise Land Management System Online Payment Services System
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05/05/2026 Regular, HA
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Item 15 - Enterprise Land Management System Online Payment Services System
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4/29/2026 11:48:11 AM
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City Clerk
Agency
Finance & Management Services
Item #
15
Date
5/5/2026
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9.2 Third Party Service Provider. If AGENCY uses the Services through or in conjunction with a <br /> third-party service provider that is not a party to this Agreement,AGENCY authorizes FORTE to <br /> provide the authorized third party with its FORTE merchant account information and credentials. If <br /> applicable,AGENCY authorizes the third party to originate Transactions and receive the corresponding <br /> results on its behalf. <br /> 10. CONSTITUENT DISPUTES <br /> All disputes between AGENCY and its Constituents relating to any Transaction processed under this <br /> Agreement will be settled by and between AGENCY and Constituent. AGENCY agrees FORTE bears <br /> no responsibility or involvement in any such dispute. <br /> 11. COMPLIANCE WITH LAWS,RULES AND REGULATIONS <br /> In performing its duties under this Agreement, each Party agrees to comply with all applicable Rules, <br /> regulations and Laws,including but not limited to all confidentiality and security requirements of the <br /> USA Patriot Act(or similar law,rule or regulation),all Rules of any applicable Payment Networks, all <br /> requirements under the Payment Card Industry Data Security Standard(or similar applicable data <br /> security law,rule or regulation)including but not limited to the VISA Cardholder Information Security <br /> Program,the MasterCard Site Data Protection Program, and any other program or requirement that may <br /> be published and/or mandated by the Payment Networks. Each Party agrees to cooperate and provide <br /> information reasonably requested by the other to facilitate its compliance with any applicable Law,Rule <br /> or regulation. Additionally, should a Payment Network or regulatory body impose a fee or fine on <br /> AGENCY for any violation of the Rules or Laws or regulations by AGENCY, such fee or fine may be <br /> charged to FORTE as a pass-through to AGENCY. If any such fee or fine is charged to FORTE, <br /> AGENCY shall reimburse FORTE for any such fees or fines. <br /> 12. DATA SECURITY <br /> FORTE shall implement and maintain a commercially reasonable security program,in accordance with <br /> the Information Security Requirements attached hereto as Appendix E. <br /> 13. PRICING AND PAYMENT <br /> 13.1 FORTE will provide the Services in accordance with the fees listed on the Pricing Fee Schedule, <br /> attached hereto as Schedule 1,or any amendments thereto. Pricing based on AGENCY absorbing the <br /> fees for the Services("Absorbed Fee Model")will result in fees being billed to AGENCY monthly in <br /> arrears and will automatically be debited from AGENCY's designated account via ACH debit. <br /> 13.2 Pricing based on a service fee that is charged to Constituents per Transaction("Service Fee <br /> Model")will result in a non-refundable service fee either(i)added to or(ii)charged as a separate <br /> Transaction to Constituent at the time of payment. Pricing under the Service Fee Model is calculated <br /> based on historical or estimated transactional amount activity by AGENCY. In the event that <br /> experiential transaction activity varies significantly from the historical or estimated amounts,FORTE <br /> shall have the right to adjust the service fee in accordance with the experiential transaction activity. <br /> 13.3 FORTE's pricing is subject to the underlying fees established by the Payment Networks and <br /> FORTE'S service providers. As such,in the event FORTE experiences an increase in cost for any <br /> processing services utilized by AGENCY during Term of the Agreement,FORTE will pass through <br /> the increases with no additional markup to AGENCY. FORTE will provide AGENCY a minimum of <br /> thirty(30)days' notice of any change or adjustment in fees. <br /> 14. LIMITS OF LIABILITY <br /> 14.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD <br /> PARTY FOR ANY SPECIAL,CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF <br /> ANY KIND OR NATURE INCURRED IN RELATION TO THIS AGREEMENT. THE AMOUNT <br /> OF DAMAGES RECOVERABLE BY EITHER PARTY FROM THE OTHER WILL NOT EXCEED <br /> 25.06.01 <br /> Page 7 <br /> CSG465915.0 03-19-26 <br />
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