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HomeMy WebLinkAboutResolution 2005-15 Credit Card Policy RESOLUTION NUMBER 2005-15 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, ESTABLISHING A CREDIT CARD POLICY FOR THE RESIDENTS OF THE CITY; PROVIDING FOR CREDIT CARD PAYMENT FOR UTILITY SERVICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time Residents make requests to make payment to the City by credit card; and WHEREAS, the City desires to provide additional payment options for our customers; and WHEREAS, the City desires to adopt a uniform policy allowing credit card and pin-less debit card payments, and WHEREAS, the City desires the policy to be fair as well as encourage customer participation in credit card and pin-less debit card payments; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Credit Card and Pin-less Debit Card Policy. The following policy is adopted regarding the use of credit cards and pin-less debit cards: The City of Winter Springs accepts the use of credit cards and pin-less debit cards as authorized payment for Utility Services billed by the City, such as water, sewer, garbage, stormwater, etc. The City also encourages sound, wise and prudent use of credit and pin-less debit cards for the purpose of making payment to the city, Our selected vendor for providing credit and pin-less debit cards services is Official Payments Corporation herein known as "OPC", a California for-profit corporation. OPC shall provide the Services in accordance with the policy and procedures for use of credit and pin-less debit cards by customers and users of Utility Services in and for the City of Winter Springs as follows: OPC shall, on behalf of the City of Winter Springs, collect and process City Utility Billing payments from Citizens using credit and pin-less debit cards mutually agreed upon between OPC and the City. OPC shall provide Citizens the opportunity to make Utility Billing Payments by credit and pin-less debit cards through both an interactive telephone voice response system ("IVR") and Internet interface (the "OPC Web site"), which together with the IVR, shall constitute the "System", OPC shall not charge City a fee in consideration for OPC providing the Services to Citizens as contemplated by the Agreement. OPC may charge however, Citizens a convenience fee, as adopted from time to time by the City Commission, for each Card transaction processed, to be collected in addition to the corresponding Utility Billing Payment as part of a unified Card transaction. OPC will confirm the dollar amount of a Citizen's Utility Billing Payment and the corresponding fees to be charged to hislher Card and obtain Citizen's approval (electronic or otherwise) of such charges prior to initiating credit authorizations. OPC will provide Citizens with electronic confirmation of Card transactions. OPC will arrange for a unique line merchant descriptor for the Utility Billing Payment that references the City of Winter Springs, Florida and arrange for a separate unique line merchant descriptor for the Convenience Fee that references Official Payments Corporation and the nature of the fee. City of Winter Springs will not require, as a condition to making a Utility Billing Payment, that a Cardholder agree in any way to waive such person's rights to dispute the transaction with the Card issuer for legitimate reasons. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto, Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Resolution Number 2005-15 Page 2 of3 RESOL VED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11 th day of April, 2005. JOHN F. BUSH, MAYOR ATTEST: ANDREA LORENZO LUACES, CITY CLERK Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution Number 2005-15 Page 3 of3