HomeMy WebLinkAboutPR 16653: MERCHANT AGREEMENT WITH AUTOMATED MERCHANT SYSTEMS Memorandum
City of Port A rth ur, Texas
Finance Department
To: Steve Fitzgibbons, City Manager
From: Deborah Echols, Director of Finance KI1V
Date: August 26, 2011
Subject: Proposed Resolution 16653
RECOMMENDATION
I recommend that the City Council approve PR 16653 authorizing the City Manager to execute a merchant
agreement with Automated Merchant Systems.
P. R. NO. 16653
ASK 8/26/11
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A MERCHANT AGREEMENT WITH
AUTOMATED MERCHANT SYSTEMS
WHEREAS, the City of Port Arthur requires the service of Automated Merchant Systems (AMS) to
provide a merchant agreement for the processing of credit card payments; and
WHEREAS, this merchant agreement is necessary for the Click 2 Gov program that allows online
payments and online viewing of Utility Bills; and
WHEREAS, we compared the fee schedules of AMS to Paymentus and Chase Paymentech, and
WHEREAS, AMS has the lowest quoted fee; and
WHEREAS, it is in the best interest of the City to enter into the merchant agreement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1: That the facts and opinions in the preamble are true and correct.
Section 2: That the City Council hereby authorizes the City Manager to execute the Merchant
Agreement contract with the Automated Merchant Systems (AMS) as attached hereto as Exhibit A.
Section 3: That a copy of the caption of this Resolution shall be spread upon the Minutes of the
City Council.
READ, ADOPTED, AND APPROVED, this day of September, 2011, AD, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
Sherri Bellard, Acting City Secretary
APPROVED AS TO FORM:
/ (D,
Val Tizeno, ity Atto -y
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
(fa
Deborah Echols, Director of Finance
EXHIBIT "A"
A UTOMATED 6 .
MERCHANT ! r s 1, ,. Merrick Bank
'::71)YSTEMS MERCHANT PROCESSING AGREEMENT
,` APPLICATION AND FEE SCHEDULE
Experts in Electronic Payments
A Registered Service Provider of Merrick Bank Corporation ( "Merrick ")
ASSOCIATE: ACCOUNT REP: Matthew Cherry DATE:
Corporate/ Legal Name: Corporate/ Legal Name:
City of Port Arthur City of Port Arthur
Address (Physical Location): Mailing Address:
444 Fourth Street P.O. Box 1089
City: State: Zip: City: State: Zip:
Port Arthur Texas 77640 _ Port Arthur Texas 77641
Email Address: Website Address:
tammy.jacobs @portarthur.net www.portarthur.net
Contact Name: Title: Contact Name: (Corporate Office, If Applicable) Title: – —
Tammy Jacobs Comptroller Tammy Jacobs Comptroller
Business Phone #: Fax #: Business Phone #: Fax #: w —
(409) 983 -8106 (409) 983 -8291 (409) 983 -8106 (409) 983 -8291
CHAIN MERCHANT ❑ YES ® NO Federal Tax ID Number: 74- 6001885 _ W �
BUSINESS LICENSE #:
TYPE OF BUSINESS: City Government NUMBER OF YEARS IN BUSINESS 20+ Years
CURRENT PROCESSOR: _ POS DEBIT: ® NO ❑ YES NETWORK: MNQWZIIL:;FYGVdK 1
(7) Star MFIC (W) Star Fast i4) Star West (1) PuKe 01 NYCF 1(3) !pleat )1 (8) 5w Gl 4 ciar
TRADE REFERRENCES:
Company: Contact:
Phone: Fax: Account Type:
Company: Contact:
Phone: _ Fax: Account Type:
Authorized Signer (First): MI: Last: Title: Phone Number: Email Address:
Deborah Howey Echols Director of Finance (409) 983 -8106 Deborah.echols @portarthur.net
Alternate (First): MI: Last: Title: Phone Number: Email Address:
Sherri Bellard Acting City Secretary (409) 983 -8106
Alternate (First): MI: Last: Title: Phone Number: Email Address:
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, ✓erity, and
record information that identifies each person who opens an account. What this means for you: when you open an account, we may ask you for info' riatiun
that will allow us to identify you, including a copy of your driver's license or other identifying documents.
THE AGREEMENT IS NOT EFFECTIVE UNTIL SIGNED BELOW: I
Merrick Bank Corporation Automated Merchant Systems, Inc.
By: By:
135 Crossways Drive North, Suite A 600 North Lake Blvd., Suite 140 Date
Woodbury, NY 11797 Altamonte Springs, FL 32701
4 07- 331 -5465
Rev 03/2011g
1 h'3e 1
•
April 2011 Interchange Rate Schedule
L MasterCard Cards i Other Cards Debit Cards i World Cards World Elite High Value _ Enhanced
Merit 1,05/ +$015 I 177/ 010 - 220 ° /+ 010 220 %
3 1 58% +$0 10
+ 010 1.73% +$0.1`
r
1 Key Entered 189% +$0.10 1.64% +$016 205% +5010 250% +$010 250% +$010 2.04% +$0,10
L Merit/ 1 189°/ +$0,10 1.64% +$016 I 205°/ +$010 250% +$010 250 ° / +$010 2.04% +$0.10
3
Standard 295% +$0.10 1.90/ +$025 295/ +$010 25% +$010 325/ +$010 2.95% +$t).10 I
MasterCard Municipal Other Cards Debit Cards 1 World Cards - World Elite High Value Enhanced
Pub_ he Sec /Emer inca Market 1 55 % + $ 0 0,80 / + $ 0.25 I 1 55 / + $ 0.10 1 55 % + $ 0.1 - . 1 55 / + $ 0.10 1,55 % + 0 -10
Utility 000 % +S065 0,00/ +$045 11 000/ +$065 000/ +$075 000% +$075 0.00°/ +$0.65
L
Services Industries t 115% +$005 1.15/. +$005 J 115%±$005 1 115 % +$0.o$ __ 11$% +50.0 & 1,1E.4 <;t0,05
MasterCard & E Other Cards 1.19 Debit Cards 0.10 1 World f3 /+`$ 0 10 I 2 Oo o $ World 0.10 2 High Value
+ $ 0.10 � Enhanced
I ed
Restaurant
Convenience Purchases 1 1.90 % + $ 0.00 2.00 / + 0.00 2.00 % + 0.10 2.00 % + 0.00 1.90 % + 0.00
Small Ticket - 1. 1 % $ 0.04
t 1 58 $ L 1 ° $ i
P S. Car Rental ..... 0 0 1,80 / + + $ 0.10
TIPS Hotel
f / o + 0 1 0 { I - 1 5 / +$015 I 230 / $010 275 /0 +$010 275 /0 +$0.10 1.80 /o 0.10 I I
TI 1.58 %+ 0.10 1,15 /0+ 015 $
f MasterCard Commercial i Business E Corporate (( Purchasing Business World Business World Elite Business Enhanced
Face To Face I 2.20 % + $ 0.10 2.15 %0 +$010 I 2.40 /0 +$0.10 2.37 % + $ 0.10 2.42 % + $ 0.10 2.32 % + $ 0.10
Data 111 180% +$0.10 1.80 / +$010 180 /0 +$0.10 197% +$010 202% +$0,10 j 1,92% +$0.10
$_
Data Rate II } 220% +$010 2.15/0 +$010 f z40/ +$010 237_/ +$0 242/ +$0.10 2,32% +$0.10
r I DataRatel 265% +$010 f 2.65 /o+ 010 + 265 / $010 282% +$010 28700+ + $ 2.77/ +$0.10
0.10 c
E Standard 295°/ +$010 2.95°/ +$010 I 295% +$0.10 3.12 ° / +$0.10 317% +$0.10 3.07 ° / +$0.10
T &EI 250% +$0.00 2.40 / +$000 270 / +$000 267/ +$0.00 272 /0 +$0.00 2.b2 !° +$0.00
I. T &E 11 r 2.35 % + $ 0.00 2.25 % + $ 0.10 ( 255/0 +$010 2.52 % + $ 0.10 2.57 % + $ 0.10 2.47% *$0.10
L Utility 0.00
% + $ 1.50 t 0 00 °/ + $ 1.50 1 0.00 % + $ 1.50 0.00 % + $ 1.50
-' '- -- -- - _i Applies to ALL N US Issued MC
MC
A T _._
1.10 % + $ 0.00
used of US Merchant Locations. L MC international Other Cards
I Consumer Electronic t
Purchase Card International
I 2 00 % + $ 0.00 2.00 /o $ 0.00
+ 0 45 % {X3order USD} T 0.55 % {Acquirer fee} $
{ Or Consumer Standard 1,60 % + 0.00
Purchase Card Data II 1 70 % + $ 0 00 1.70 % + $ 0 00
Corporate US Acquired i 2.00 % + $ 0.00 2.00 % + $ 0.00 . ± 0.60 Border, Non} f 0 55 % jAcquirer fee] f 1
Visa Cards Other Cards Debit Cards Rewards Inter Regional Miscellaneous Fees
CPS Retail 1.54 % + $ 0.10 0.95 %+$ 0.20 1.65 % + $ 0.10 1.10 % + $ 0.00 Interchange MARKUP 0 20% i $0.05
_ CPS Keyed - -- 1.80 % + $ 0.10 1.60 % + $ 0.15 _ 1.95 % + $ 0.101.60 % + $ 0.00 • MC Dues & Assessments 0.1100% r $0.0185
CPS Card Not P resen t 1.80 % + $ 0.10 1.60 % + $ 0.15 1.95 % + $ 0.10 1.60 % + $ 0.00 Visa Dues & Assessments 0.1100% + $0 0195
E.I.R.F. 2.30 % + $ 0.10 1.75 % + $ 0.20 1.95 % + $ 0.10 - 1.60 % + $ 0.00 Discover® Dues 8 Assessments 0.1000% + : i 0185
Standard 2.70 % + $ 0.10 1.90 % + $ 0.25 1.95 % + $ 0.10 1.60 % + $ 0.00 Debit Auth/ Capture +
Preferred eCommerce 1.80 % + $ 0.10 1.55 % + $ 0.15 1.95 % + $ 0.10 1.44 % + $ 0.00 Internet Gateway / 'Per Item , $ + 50 u0
Basic eCommerc e 1 1_80 % + $ 0.10 1.60 1 + $ 0.15 1 9 5 % + $ 0.10 1,44 % + $ 0.00 Monthly Service Fee $ 7 50
Monthly Minimum $ 10 00
Visa Municipal Other Cards Debit Cards Rewards PCI NON - Compliance Fee / 0.05
CPS Retail 2 1.43 % + $ 0.05 0.80 % + $ 0.25 1.95 % + $ 0.10 Local/Wats Auth /Dec/ $ 0 10
CPS Retail 2 Select Markets I 1.43 % + $ 0.05 0.80 % + $ 0.25 1.95 % + $ 0.10 T &E Local /Wats Auth /Deci $ 0.15
Utili�Fee Program - 1 0_00 % + $ 0.75 1 0.00 % + $ 0.75 1.95 % + $ 0.10 _ - Voice Auii, $ _ 0 75
Cliaryebar $ 15.00
Visa T & E Other Cards Debit Cards International Assessments ACH Reier ;. $ 30 00
- Restaurant _ - � _ 1.54 % + $ 0.10 1.19 % + $ 0.10 Applies to ALL Non -US Issued Visa Cards MID Repo I g F $ _
Small Ticket 1.65 % + $ 0.04 1.55 % + $ 0.04 used at US Merchant Locations. Visa Zero Arnt & AVS Fe... $ 0 025
------ - - - - -- - - -- - --
Hotel Card Present j 1.54 % + $ 0.10 1.36 % + $ 0.15 + 0 {ISA} + 0 45 % {IAF} Visa Zero Amount Fe. $ r 0 025
-
Hotel Card Not Present 1 1.54 % + $ 0.10 1.36 % + $ 0.15 Of Visa Misuse of Auth Fee $' 0 045
+ 0. 40 % {ISA} + 0.45 % { "IAF2}
Car Rental Card Present I 1.54 % + $ 0.10 1.36 % + $ 0.15 Visa Zero Floor Limit Fee $ u 1
Car Rental Card Not Fresent 1 1.54 % + $ 0.10 1.36 % + $ 0.15 "only applies to High Risk Merchants MC Partial /Full Reversal of Aulh $ 0 °1 .
MC Acct Status Inq Intrareyiona Y ; 0.025
Visa Commercial _ 1 Purchasing Business Corporate Signature MC Acct Status Inq Interregional $ ._7030
Level III 1.80 % + $ 0.10 - - - - _ Processi Integrity 0.. 5 `1 04
- - 9 Y _
Level II 2.05 % + $ 0.10 2.05 % + $ 0.10 2.05 % + $ 0.10
Business 2 Business 2.10 % + $ 0.10 2.10 % + $ 0.10 2.10 % + $ 0.10 2.10 % + $ 0.10 MC Dues 8 Assesments Add 0.010G° for
Card Not Present 2.55 % + $ 0,10 2,25 % + $ 0.10 220 % + $ 0.10 2.40 % + $ 0.10 transactions $1,00000 end abu.u:
_ Retail - 2.30 % + $ 0.10 2.200/ +$0.10 2.10% +$ 0.19 2.10°/ +$0.10
Electronic 2.65 % + $ 0.10 2.40 °/ + $ 0.10 2.25 % + $ 0.10 2.40 % + $ 0.10 " There are NO Per Item tees for the. tr,t -
_ Standard 2.95 % + $ 0.10 2.95 % + $ 0.10 2.95 % + $ 0.10 2.95 % + $ 0.10 Transaction(s), per calendar inonthi
Inter Regional 2.00 % + $ 0.00 2.00 % + $ 0.00 2.00 % + $ 0_00 1.97 % + $ 0.00 Early Termination Fee See Section 11
Utility_Fee Program A 0.00 /u + $ 1.50 - -_ - -- -
Merchant agrees to pay actual Interchange Rates detailed above, plus Dues and Assessments, plus all applicable fees in the Miscellaneous Fees section. For € iscover
Acquirer Interchange Fees, go to www.discovernetwork.com, click "Get Started ", then "Acquirers ", then "Discover Network Acquirer Interchange Ratea at4.1 Fees ", n:an
enter the verification code "disc5379" and check the box agreeing to confidentiality, then click "submit ".
The parties hereto agree to abide by the terms and conditions contained in the Merchant Processing Agreement to which this signature page is attached and
Merchant agrees by signing this document that Merchant has received a copy of the Merchant Processing Agreement and Operating Procedures Guide.
MERCHANT: The undersigned hereby authorizes Merrick and /or Automated Merchant Systems, Inc. to investigate the credit of each person listed on the Merchant
Application and Fee Schedule and represents that he/she has the authority to provide such authorization and to execute this Agreement.
Merchant: City of Port Arthur
Witness of Merchant Signature Date Signature of Officer /Owner
Print Name Title Print Name Title
Page 2
MERCHANT SIGNATURE AUTHORIZATION
Name of Government Entity: City of Port Arthur
The undersigned certifies and agrees to as follows:
1. The undersigned and any of the persons identified below are duly authorized to sign this
Agreement and bind the governmental entity indicated above to it. If any official indicated
below resigns or is replaced, that official's successor(s) in office shall be deemed to have
signed this certification and the Agreement.
2.Tne persons listed below are duly authorized to act for and on behalf of the governmental
entity indicated above in any manner relating to this Agreement.
3. Both AMS and Merrick may rely on the authority granted in this certification and the
undersigned official represent and warrants that this certification shall remain in full force
and effect until revoked upon written notice to AMIS.
4 The following are the names, titles and genuine signatures of the persons authorized by
this certification:
TITLE PRINT NAME SIGNATURE
Director of Finance Deborah Howey Echols
Acting City Secretary Sherri Sellard
have subscribed my name as the official indicated above as of (date)
Signature: Print Name:
Title:
MERCHANT INQUIRY:
Has Merchant or Owners /Principals ever been terminated from accepting payment cards from any payment network for this business or any other busines r 0 NO 0 YES or yes, please explain)
How Many Chargebacks Last Year? Total Amount: $
Please Mark all Card Types Accepted and Initial Here: (initials) I Tor Details on how these transactions qualify at each level, please refer to your Operatin Prom it ii ecs l;uide�
la Debit Cards: V /MC (consumer signature cards/ all foreign issued cards/ PIN debit cards) u«
Other Cards: V /MC ( business crediUdebit, consumer credit, & all foreign iss.d card:,)
3:33
Mi= RCHANT PROCESS 5"'OAGRE T.MENT TERMS AND CONDITIONS
his s a Merchant Processing Agreemet ( "Agreement ") erdered into as of the date accepted by Pr es ssu n eennees below) and is by and among Merrick Bank, a Utah state chartered bank ("Member Bank/,
automated Merchant Systems, Inc. CAMS ") and the governmental entity (the "Merchant ") that signed the Leached Merchant Application.
BACKGROUND INFORMATION
lember Bank is a member /aquirte of both Visa U.S A Incorporated ( ") MasterCard International ( "MasterCard "), and DES Services, LLC ("Discover®") (each a "Payment Brand "). Member Bark and AMS have
:ntered into an agreement whereby AMS acts as Member Bank's sales agent and provides certain services to Merchant through various third party service providers (AMS and such third party service providers shall
iereinafter collectively be referred to as "Processor'). Merchant desires to accept Debit Cards and /or Other Cards as defined below, and as indicated on the Merchant Application validly issued by a Payment Br and.
A ember Bank and Processor agree to provide such services in accordance with the terms and conditions set forth below. Accordingly, the parties to this Agreement, intending to be legally hound, agree as follows
OPERATIVE PROVISIONS
1. Services; Operating Procedures Guide. Mernber Bank and Processor agree to provide to Merchant, at Merchant s U.S. locations identified in the Application (as defined below), bankcard process a
ettlement services (he "Services ") in accordance with the terms and conditions of this Agreement and the Operating Procedures Guide, the terms of which are incorporated by reference and made a part et tree
agreement. Merchant agrees to use Member Bank: to sponsor and process its Payment Brand branded Card transactions.
2. Definitions. Unless otheree5e provided, the capitalized terms used in this Agreement have the meanings designated in the Operating Procedures Guide. "Debit Card" means all Payment Brand cards issued
y a non -U. S. bank. a Payment Brand card issued by a U.S. bank that accesses a consumers asset .aunt within 14 days after purchase, including but not limited to stored value, prepaid, payroll, EI31, ye, and
Pisa consumer check cards, and debit cards validly issued by the debit card networks indicated on the Merchant Application such as on -line (PIN- based) cards. "Other Cards' means ati cards issued by a non -U.S,
ank and all Payment Brand cards other than Debit Cards, including but not limited to business and consumer credit cards and busness debit cards. The category of card acceptance that you have irtdics:'eJ on the
lerchant Application will collectively be referred to as' Cards ".
3. Payment Brand Regulations. All Card Transactions and this Agreement are subject to, and the parties agree to be bound by applicable Payment Brand operating rules and regulations ( "Payment Brand
tegu'ations''). The Payment Brand Regulations include the Payment Card Industry Data Security Standard, the Consortium Merchant Negative File published by Discover, Discover Information Security Compliance,
'isa Cardholder Information Security Program and MasterCard's Site Data Protection Program, as may be amended, supplemented or replaced from time to time. Merchant is responsible for dernonstratiny .ie own,
s agents, and its servicers' compliance with Payment Brand Regulations as they may be amended from erne to lime. Processor is not responsible for providing copies of the Payment Brand Reyulatiuna, cad ieeSes
o representations or warranties regarding the accuracy of any summaries of Payment Brand Regulations it may provide. Processor is not liable for any noncompliance or any costs of such eu,rr.Jruraiance by
lerchant of any Payment Brand Regulation. If there is a conflict between this Agreement and the Payment Brand Regulations, the Payment Brand Regulations will apply. Merchant will pay Processor and Member
lank immediately for all Payment Brand fines fees, penalties and all other assessments or indebtedness levied by arty Payment Brand to Processor and;or Member Bank which are attributable, at Member beck's
liscretion, to Merchant's Transaction processing or business, and any other loss, liab:lhy, assessment or fine Incurred arising out of Merchant's breach of this Section. AMS may not subcentraa.t, sublie;....e, assign,
tense, franchise or in any manner extend or t ansfer to any third party any right or obligation of AMS.
4. Fees. The Fees and other charges to be charged by Member Bank and Processor to Merchant for the services provided under this Agreement are set forth in the Merchant Application and he Schedule (the
Application "), which is made a part of this Agreement. The Discount Rate shall be charged on all new sales (i.e. sale transactions not including "returns" or credits to cardholders). Processor may change such Fees
fom time to time upon '0 days pior written notice to Merchant. The 'Fees set forth in the Application do not nclude, and Merchant hereby agrees to pay, all fees, charges, penalties, fines, assessments and additional
it increased costs of any nature that may be e.harged by the Payment Brands or other third party, whether charged to or directly or indirectly incurred by Processor in connection with matters conlen>piee2d
lgreement including without limitation, adjustment fees and interchange fees. Interchange fees charged hereunder MI not be credited back to Merchant if a transaction is subsequently reverse,. er otnerwwe
erocessed as a credit
5. Card Transactions. In addition to the requ cements for Card Transactions set forth In the Operating Procedures Guide: and Payment Brand Regulations, Merchant agrees that it will not (a) deposit into its Bank
iccount any Sales Draft or Credo Draft for any Card Transaction between a Cardholder and an entity other than Merchant; (b) accept cash payments from a Cardholder for previous Card 1ransr.aions, or (c) mats a
:ash disbursement to a Cardholder an sing out of a Card Transaction or any other use of a Card.
6. Merchant's Account
a. Merchant shall establish, and at all times during the term of the Agreement, maintain one or more Accounts with an Institution in order to facilitate payment of amounts due from time to '...ee under this
lgreement, which Institution and Account shall be identified in the Application. To secure the extension of credit and Merchant's obligations under this Agreement including, without limitation, Mee. cbligatiwe 0
>ay chargebacks, Merchant grants to Member Bank and AMS a secunty interest in its deposited Sales Drafts and all funds maintained in the Account(s).
b. All credits, charges and debts in connection with Card Transactions and other amounts owing under this Agreement shall be made to Merchant's Account, including without limitation, all Fees, Adjuster .ants
and Chargebacks Merchant authorizes Member Bank„ without notice to Merchant, to credit or debit the Account(s). Any Fees or other charges not collected by Member Bank or Processor :eight a debit to the
\ccount, for whatever reason, sh 3ll be ire oiced to Merchant by Member Bank or Processor and are due upon Merchant's receipt of such invoice.
c. If Merchant has more than one deposit account with its Institution, any or all of such accounts may be treated as the Account and may be credited, charged or debited et connection Card rranseclioi is er :J
>ther amounts owing under this Agreement as Member Bank or Processor may determine; provided, that Merchant may designate a particular Account with respect to certain amounts to be credited, or
febited from tme to time by Member Bank in connection with particular Card Transactions. Member Bank agrees to comply with such designation so long as the designated Account(s) contain si elided ferias to
;atisty such charges or debits.
d. If a debit or Chargeber e to the Acco results in an overdraft, Merchant shall immediately deposit with Institution an amount sufficient to cover such overdraft and any related service ctee fees
e. All Iterns credited and deh.ted to the Account(s) are subject to review, verification and acceptance by Member Bank and Processor. Mernber Bank may withhold crediting of Trestle e eerie : pending
rerification, investigation and confirmation
f. If Merchant desires to change the Account, Merchant shall notify Member Bank and Processor in writing at least ten (10) days prior to the effective date of the change and shall follow Member Link's and
Processor's procedures for complefine the change
7. Display of Service Marks, Advertising and Promotional Materials • _ •
a. Merchant shall prominently display at each Authorized Location any service marks identification logos and any other promotional materials (collectively, the "Service Marks ") the Payment Brands furnish to
lerchant to alert Cardholders that Cards will be honored at Merchant's Authorized Locations This re. rement shall not apply to private clubs or other merchants that do not serve the eerier al public or ether claae
nerchants exempted by a Payment Brand. The Service Marks for each Payment Brand must be at least the dimension of and as prominent as any other card program mark or logo displayed.
b. Merchant may use the Service Marks Orly to indicate that Cards are accepted by Merchant for payment. Merchant shall not state, imply or use the Service Marks to Indicate that Processor or any P:eymett
3rand endorses, sponsors, produces, offers, sells or is affiliated with any of Merchant's goods or services.
c. Merchant shall not refer to Processor or any Card or Payment Brand in stating eligibility for Merchant s ;nerchandise, services or membership.
d. Merchant's use of the Service Marks of any Payment Brand shall be governed by the Payment :trend's Regulations and Merchant shall not use any Service Marks in a direct mall solicitation without pi ice
vritten approval of the applicable Payment Brand.
e. Merchant's right to use or display the Service Marks shat' continue so long as this Agreement remains in effect, unless Processor directs that such use or display shall cease. Merchant acknrwes tee, the'.
he Service Marks are the property of the applicable Payment Brand and Merchant shall not infringe upon the Service Marks.
f. If Merchant has requested signage for the purpose of indicating acceptance of Debit Cards, Merchant must display such signage for a minimum of 3 months from delivery of such signage tu Mra chant All
Point of sale displays r websites must include ether appropriate Service Marks to indicate acceptance of Debit and Other Cards or Payment Brand approved signage to indicate acceptance of the limited acceptance
3ategory Merchant has selected
g. If Merchant has requested Payment Brand bank identification numbers, Merchant must only use the bank; identification numbers for product identification purposes at the point of sale, and not disclose this
roprietary and confidential ieformat'.cn to any third party without prior written permission from the applicable Payment Brand.
8. Term. This Aereemera w'1 be effective as of the date it is accepted by Member Bank and Processor and we. continue in effect for a term of three (3) years following such date (the "Initial Tema" ), unler c; Oa' lie.
erminated as provided for below Fo!bwing the In "ial Term, this Agreement will automatically renew for additional one year renewal terms, unless a party provides written notice to the other parties of its it ere d not to
- enew this Agreemeri at least ninety (90) days prior to the expiration of the then current Tenn (a "Terrninanon Notice ") If a party provides a Termination Notice to the other parties, this Agreeiriei s..Pll te,,iii,.ate on
he expiration of the then current Tem.
9. Events of Default. An "F vent of Defaelt shall mean the occurrence or existence of one or more of the fol,owing events or conditions, whatever the reason for such Event of Default and whether vohndary,
nvoluntary or effected by operati of law. (a) Merchant fails to pay any obligation under this Agreemme to Member Bank or Processor when due; (b) any representation or warranty made by Merchant der this
Agreement, the Application or any financial statement, certificate, report, exhibit or document required to be furnished by Merchant to Member Bank or Processor pursuant to tint. Agreement shall pi.. :s fe:ae or
nisleading n any material respect as of the time when made, including any omission of malenal information necessary to make such representation, warranty or statement not rnisleaJng or the fail ire to provide
' equired information, tc) Merchant shall defau'.t in the performance or observance of any covenant, agreement or duty under this Agreement or any Payment Brand Regulation; (d) Merchant is no longer allowed by
Payment Brand to accept such 'Payment Brand's Cards as payment or Merchant's narne appears on a Payment Brand's terminated merchant file, (e) Member Bank or Processor reasonably comae :le Ihal any
;rirninal, fraudulent, unauthorized or suspicious activity has occurred or is imminent with respect to Merchant's acceptance of Cards or Merchant's performance under this Agreement; (t) these is an ur>eee >ed
material change in Merchant's processed volume average ticket size or mode of sale, (g) Member Bank or Processor reasonably conclude that there exists a risk of an abnormal level of Chargebaeees or that
Merchant may not fund Chargehacks, fees or other charges as they occur; (h) Merchant has defaulted on any obligation for borrowed money and the effect thereof may permit the holder of such indeute.e, -ss to
accelerate the time when repayment is due, (e there is an adverse material change in Merchant's b.esmess, operations, financial condition, properties, assets or prospects; (j) one or more judgments agatsl
lerchant, for the payment of money remain undischarged, unsatisfied or unstayed for a period of 45 consecutive days; (k) Merchant's lender takes possession of Merchant's inventory; (I) e wilt or .. u,i ant of
attachment, garnishment, execut.dn, or similar process shall have been issued against Merchant or any of its assets; (m) a proceeding shall have been instituted with respect to Merchant (1) seeking an order for relief
sr a declaration entailing a finding that Merchant is insolvent or seeking a similar declaration or finding, or seeking dissolution, winding up, charter revocation or forfeiture, liquidation, reorganization, aIrangernee:t,
adjustment, composition or other similar relief with respect to Merchant, its assets or its debts under any law relating to bankruptcy, insolvency, relief of debtors or protection of creditors, termination of legal entities or
any other similar law now or hereafter in effect, or (2) seeking appointment of a receiver, trustee, custodian, liquidator, assignee, sequestrator or other similar official for Merchant or for all or any substantial part of 115
assets; or (n) Merchant shall become insolvent, shall become generally unable to pay its debts as they become due, shall voluntarily suspend transaction of its business, shall make a general assigrnner: for the
)enefit of creditors, shall institute a proceeding described in subsection (m)(1) above, or shall consent to any such order for relief, declaration, finding or relief described therein, shall institute a proceeding described
n subsection (01)(2) above, or shalt consent to any such appointment or to the taking of possession by any such official of all or any substantial part of its assets, shall dissolve, windup, revoke or forfeit rte char:., (or
ether constituent documents) or'ice: date itself or any substantial part of its assets, or shall take any action in furtherance of any of the foregoing, or (o) accept a Card for an unlawful Internet gambling Transaawu.
Merchant shall notify Member Benk and Processor in writing immediately upon becoming aware of an Event of Default, or an event which, with the passing of time or the giving of notice, or both, would eeeei lute an
Event of Default.
10. Remedies Upon Event of Deault. l!pon the occurrence of any Event of Default, Member Bank and Processor a rray employ any or all of the following remedies it deems appropriate. (a) termer Sete this
Agreement immediately upon notice to Merchant; (b) without prior notice to Merchant, refuse to accept or revoke acceptance of any Sales Draft or Credit Draft, or the electronic transmission thereof if appboable,
- eceived by Member Bank or Processor on or at any time after the occurrence of any Event of Default, (c) without. prior notice to Merchant, Member Bank may debit Merchant's Account in an amount ere:'sl to any
amount then owed to Member Batik or Processor, (d) establish a reasonable reserve using Merchant funds in Member Bank's possession to cover foreseeable Chargebacks, Payment Brand fines or assessments,
cardholder credits or Fees; (e) r the Fces payable by Merchant hereunder commensurate with the increased risk', (f) require Merchant to deposit, as cash collateral, such amounts as Member bank or
Processor may require to secure Merchant's obligations hereunder. (q) report to one or more credit reporting agencies any outstanding Merchant or guarantor indebtedness to Member Bank or Processor; or (h) take
such other action as may be permitted by law
Page 4
11. Early Termination Fee. 'rbc purposes e` this Section 11, a "Early Termination" si mean: (I) a tern irafion of this Agreement by Member Bank or Processor following an Event of Default specified ;n Section 9
above (u), a terminaticn of this Agreement by Mc chant for any reason whatsoever, other than followine v-ritten Termination notice given by Merchant pursuant to Section 8 or 13; or (iii) Merchant's deposit of it
Payment Brand branded bankcard transactions with any entity other than Member Bank Merchant's payment of the monthly minimum discount shall not fulfil: Merchant's obligation to Processor .16 par ties agree
;hat the actual damages which ,v i'1 resat to Processor from an Early Termination are not readily ascertainable as of the effective date of this Agreement. In addition, Merchant acknowledges and agrees tliet in
reliance on this Agreement and other long -term agreements, Processor will incur additional long -term tests, including without limitation, computer hardware, software, and labor. Accordingly, upon the occurrence of
an Early Termination, Merchant shall pay to Processor, in addition to all amounts owed each for the servi,es provided to Merchant pursuant to this Agreement, an amount equal to the greater of (i) $500.00; or (ii)
:flirty percent (30 %) of the average total monthly fees incurred during the preceding 6 months (or shorter period if this Agreement has not been in effect for 6 months), times the number of lounths, or portion thereof,
'emaining in the then current Term of this Agreement The parties intend that the Early Termination Fee be le lieu of Processor's lost profits for the remainder of the term of this Agreement, but not in Lieu of e, y other
damages to which Processor might otherwise be entitled arising out of wrongful acts or omissions of Merchant
12. Change in Merchant's Business. Merchant shall provide Member Bank and Processor at least thrty (30) days prior written notice of its intent to change in any way the basic nature of its business, ii cludiug
without limitation, a change in the types cf merchandise or services sold, or the method of selling such products or services. Upon Its receipt of notice of such change, Member Bank and Processor shall !rave the right
:o terminate this Agreement without further ob leaton upon providing to Merchant thirty (30) days poor written notice. •
13. Termination by Merchant. Merchant nay terminate this Agreement upon thirty (30) days poor written notice to Member Bank and Processor in the event of (a) receipt. by Merchant of notice of any incr ease in
races payatke: (o ,Manta, Bank and Processor pursuant to Section 4 heed (exdoOrrg pass - through fees payable to a Payment Brad or other Mind party, or Fen•, incsvtasw purauwu to Secrism r!: zr vim wry 0.4cy4'4q
amendment or modification to this Agreement made by Member Bank or Processor pursuant to Section 20 riereot which adversely affects Merchant in any material respect (eycuiing material .amendmnts or
nodifications required due to changes to an Payment Brand Regulation or applicable federal, state or local law or regulation). Merchant's right to terminate pursuant to this Section 13 shall exFole thirty (3J) days
ollowing Merchant's receipt of notice of any sech Fee increase or material amendment or modification If this Agreement is terminated, regardless of cause, Member Hank may withheld and dieeonlua;e the
iisbursement for all Card Transactions in the process of being collected and deposited If termination Is due to Ire occurrence of an Event of Default or if Merchant otherwise breaches this Agreement, Merchant
acknowledges that Member Bank or Processor may be required to report Merchants business name and the names and other identification of its principals to the MATCH file maintained by the Payment Brands.
Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring listing on the MATCH file. Merchant waives and will hold harmless Member Bank and Arm.;
tom any claims that Merchant may raise as a result of Member Bank or Processor MATCH file reporting Merchant will also immediately cease requesting Authorizations. If Merchant obtains any Pother zatien after
ermination, the fact That any Authorization was requested or obtained wilt not reinstate this Agreement Further, Merchant will return all Member Bank or AMS property, forms, or equipment All obligauoi.
Transactions poor to termination (including payment for Chargebacks and Member Bank's expenses relating to Chargebacks) survive termination. Neither Member Beek nor AMS is liable to Merchant for daniacros
'including prospective sales or profits) doe to termination. Following termination, Merchant will upon request provide Member Bank and AMS with all original and electronic copies of Sales Drafts and Credit [halts !I.at
nave been retained by Merchant as of the da'.e of termination. Upon termination, any arnounts due to Member Bank or AMS will accelerate and be immediately due and payable, without any not .e, dedame,. i ur
)ther act whatsoever
14. Credit Inquiries; Reporting; Financial Statements. Merchant authorizes Member Bank and Processor to make any credit inquiries they consider necessary to accept or to renew the acceptance of this
4greement. Merchant also authorizes any persci•0 or credit reporting agency to compile information to answer such credit inquiries and to furnish such information to Member Bank and Processor. Merchant agrees to
xovide to Processor such financiel statements or other information concerning Merchant's business or operations as may be requested by Processor from time to time, In appropriate detail, prornpny upon request by
Processor. Upon regcest by Processor, Merchant shall furnish to Processor, within 120 days after the end of Merchant's fiscal year an audited financial statement of profit and loss for such fiscal year and an audited
balance sheet as of the end of such fiscal year Processor may at its discretion, accept unaudited finanoal statements prepared by a public accounting firm.
15. Representation and Warranties. Merchant makes the following representations and warranties which shall be true and correct on the date of this Agreement and at all times thereafter (a) all infoiinatieri
: ontained in Merchant's Applicat.on or any otter document delivered to Member Bank and Processor in connection therewith or with this Agreement is true and complete in all material respects; (h) Merchant has the
Dower to execute deliver and perform this Acreerinent; (c) this Agreement is duly authorized and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject or by which
Merchant's assets are bound. (e) Merchant as all required :rcenses, if any, to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (e) there Is no , f lan, ;lid er
oroceeding at law or in equity pending, or to the knowledge of Merchant, threatened, by or against or affecting Merchant which if adversely decided to Merchant would impair the note of Merchant ;;any on its
ousiness subsfan'.ially as now conducted or adversely affect its financial condition or operations in any material respect, and in Merchant is not now nor shall it in the future, become engaged in any method of selling
which is now or in the future set forth in the Operating Procedures Guide as an "Unacceptable Selling Method,"
16. Hold Harmless. To the extent permissible under applicable law, Merchant agrees to hold harmless Member Bank and Processor, their respective affiliates, directors, officers. and agents front all
claims, liabilities, loss. damage, and expenses of any nature (Including fees and expenses of legal counsel and costs of litigation) arising from or in connection with: (a) any dispute or claim made by a Cardholder wit
, espect to a Card Transaction, including but not limited to, any such dispute concerning the quality, fitness or delivery of merchandise or the performance or quality of services; and (b) the failure of Merc it to
comply with the provisions of this Agreement, Payment Brand Regulations or applicable federal, state or local laws and regulations.
17. CHOICE OF LAW; JURISDICTION; WAIVER. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IN WHICH MERCHANT IS LOCATED. MERCHANT, MEMBER BANK AND
PROCESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) AGREE THAT ANY ACTION, SUIT OR PROCEEDING BY ANY PERSON ARISING FROM OR RELATING TO THIS AGREEMENT aR ANY
STATEMENT. COURSE OF CONDUCT, ACT, OMISSION OR EVENT OCCURRING IN CONNECTION WITH TFIS AGREEMENT (COLLECTIVELY, "RELATED LITIGATION ") MUST BE BROUGHT IN A SIAI G
DR FEDERAL COURT OF COMPETENT JURISDICTION IN THE COUNTY AND STATE IN 'JVHICH MERCHANT IS LOCATED; (B) SUBMIT TO THE JURISDICTION OF SUCH COURTS, (C) b`d,11VE ANY
OBJECTION WHICH IT MAY HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT; (D) WAIVE ANY CLAIM TFIAI ANY SUCH RFIATED
LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, AND WAIVE ANY RIGHT TO OBJECT, WITH RESPECT TO ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT, 111Af SUCH
COURT DOES NOT HAVE JURISDICTION OVER MERCHANT OR PROCESSOR; (E) CONSENT AND AGREE TO SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER LEGAL. PROCESS IN ANY RE ATED
LITIGATION BY REGISTERED OR CERTIFIED U.S MAIL, POSTAGE PREPAID, TO MERCHANT AT THE ADDRESS IN THE APPLICATION AND CONSENTS AND AGREES THAT SUCH SERVICE SHA11
CONSTITUTE IN EVERY RESPECT VALID AND EFFEC SERVICE (BUT NOTHING HEREIN SHAI..L AFFECT THE VALIDITY OR EFFECTIVENESS OF PROCESS SERVED IN ANY 0111E1: MF,Nfll.,.
PERMITTED BY LAW), AND (E WAIVE THE RIGHT TO TRIAL BY JURY IN ANY RELATED LITIGATION. THE PREVAILING PARTY IN ANY RELATED 1- ITIGATION SHALL BE EN111 LED 10 RECOVER ITS
REASONABLE ATTORNEY'S FEES, COST AND EXPENSES.
18. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NC) CLAIM MAY BE MADE BY MERCHANT AGAINST MEMBER BANK OR PROCESSOR OR ANY OF - THEIR
RESPECTIVE AFFILIATES, DIRECTORS, 0 FICE :RS, EMPLOYEES OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT
OF ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY STATEMENT, COURSE OF CONDUCT, ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THIS AGREEMENT
UNLESS SUCH CLAIM ARISES FROM THE WILFUL MISCONDUCT OF THE MEMBER BANK OP PROCESSOR AND MERCHANT HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY
SUCH CLAIM FOR ANY SUCH DAMAGES 'Aa I TF;ER SUCH CLAIM PRESENTLY EXISTS OR ARISES HEREAFTER AND WHETHER OR NOT SUCH CLAIM IS KNOWN OR SUSPEC LLD TO EXIST IN l I S
FAVOR.
19. Debit Card Acceptance. Merchant may accept Debit Cards supported by Processor. If the Debit Card requires a personal identification number (•'PIN ") Merchant will comply with the following'
a. Merchant attempt to settle n goof faith any dispute between Merchant and a Cardholder involving a Debit Card transaction. Merchant will establish a fair, consistent policy for the exchange and return
of merchandise and for the acf!ustrnent of amounts due on Debit Card sales. Merchant will promptly initiate a refund to the customer (which may be made in cash, by an adjustment draft or with 0 check of :.ashier's
check, as permitted by the Paymert Brand Regulations) whenever Merchant determines that a Debit Card transaction should be canceled or reversed.
b. Except as Ire debit networks may Fermat, Merchant will not make any cash refunds or payrnents for returns or adjustments on Debit Card transactions but will instead complete an adjustment form provided
or approved by Processor. The Debit Card Sales Di alt for which no refund or return will be accepted by Merchant must be clearly and conspicuously marked (including on the Cardholder's copy) as " final Sah," or "no
return" and must comply with the Payment Brand Regulations
c. Merchant will refer Debit Card Cardholders with questions or problems to the institution that issued the Debt Card. Merchant will cooperate with Processor and with each applicable dobit nct,icrk aed its
other members to resolve any a'ieged errors relating to transactions. Merchant will permit and will pay all expenses of periodic examination and audit of functions related to each debit network, ,,. such freyue,c.,, ss
the applicable Debit r•etwork deems appropriate Audits will meet debit network standards, and the results will be made available to the debit network.
d. Merchant may not process a Credit Card transaction in order to provide a refund on a FIN Debit Card transaction, All debit transactions must be authorized and processed electronically. If Authorization is
not available at the time of sale, Merchant must request another form of payment from its customer. Mcrchemt may process the transaction as a Store and Forward or Resubmission, in which case Merchai it assgi
the risk that the transaction fall to atehorize or otherwise declines.
e. A PIN Debit Card transaction may r ot be completed without the PIN being entered into the PIN pad only by the Cardholder. Merchant may not accept the PIN from the Cardholder verbally or in writtel form.
f. Cardholders most be ,slued a receipt upon successful completion of a Debit Card Transaction. Any applicable tax must be included in the total Debit Card Transaction amount for which authorization is
requested. Tax may .lot be sep. irately collected in cash
g. Merchant is responsible for all appireab;e adjustment fees that may be charged by a Debit Card network An adjustment is a transaction that is initiated to correct a PIN Debit Card transaction that has te.r.n
processed in error
h. Merchant may not engage In Elects mic Benefit Transfers. An Electronic Benefit Transaction is e: ne in which cash Is given to a customer without the purchase of goods or services. Mer..rfont fi.irther agrees
that it shall not otter cash back to customers when such customers rnake a PIN Debit Card purchase.
i. Merchant is responsible for . :curing terminals and for Instituting appropriate controls to prevent erployees or others from submitting refunds and voids that do not reflect tzcoa fide returns or
reimbursements of prior transactions.
20. MISCELLANEOUS PROVISIONS.
a. Merchant shall not scbe:ontrart, assign or transfer any interest, obligation or right under this Agreement without the prior written consent of Member Bank and Processor. Any dissolutiee, merger,
consolidation, reorganization or transfer of si,b stantially all assets or a controlling percentage of the corporate stock of Merchant shall constitute an assignment of this Agreement. Subject to the foregoing, this
Agreement shall be binding upon and inure m the benefit of the parties and their successors or assigns Processor and Member Bank may transfer their respective rights and responsibiiities hereuneer to another
institution authorized by the Payment Brand Reguations to hold such riohts without Merchant's consent.
b. This Agreement may be modified by Member Bank to comply with any amendments or additions to the Paym ens Brand Regulations upon 30 days prior written notice to the Merchant.
c. No party shall, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of their rights under this Agreement. No waiver of a breach of this Agr, event shall
constitute a waiver of any prior or subsequent breach of this Agreement
d. In order to maintain quality service, Member Bank or Processor may monitor or record telephone communications with Merchant
e. No party shall be liable for any loss or damage due to causes beyond its control, including earthquake, war, fire, flood, power failure, acts of God or other catastrophes.
f. Each party and each person signing on behalf of a party represents and warrants that it has the full legal capacity/and authority to enter into and perform the obligations of this Agreement without any further
approval. Nothing in ;his Agreerent shall be deerned to create a partnership, joint venture or any agency relationship between the parties.
g. This Agreement and the documents referenced herein constitute the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, underslar,,.n..ja and
representations are terminated and canceled in their entirety.
h. if there is any conflict between a part of this Agreement and any present or future Payment Brand Regulation or applicable federal, state or local law or regulation, only the part of this ivyyeei Went that is
affected shall be modified and that modification shall be limited to the minimum necessary to bring this Agreement within the requirements of the Payment Brand Regulation, law or regulation.
i. All 001k:es, including irmoice5, given in connection with this Agreement, shall be in writing and shall be effective upon actual receipt. Notices shall be delivered to the appropriate party at its address set forth
on the attached Disclosure Page
j. Merchant shall be liable for all taxes, except Member Bank and Processor's income taxes, required to be paid or collected as a result of this Agreement.
k. All obligations, warranties and liabilities of Merchant incurred or existing as of the date of termination of this Agreement, including without limitation, Merchant's obligations with respect to subsequent
Adjustments or Chargebacks based cpon Card Transactions incurred prior to termination, shall survive termination and shall continue in full force and effect as if the termination had not occurred. The right to 1......
credit as well as hold, retain or set off agairst amounts due to Merchant, or to debit any Account(s) of Merchant, shall survive the termination of this Agreement and shall continue in Lull force and effect as it
termination had not occurred.
I. No other person or e iSty may be deemed a third party beneficiary of this Agreement. Page 5
Disclosure Page
(Processor Copy)
Member Bank Information
Name: Merrick Bank, a Utah state chartered bank
Address: 135 Crossways Drive North, Suite A,
Woodbury, NY 11797
Phone: (800)267 -2256
Important Member Bank Responsibilities
1. Member Bank is the only party to the Merchant Agreement approved to accept Visa
products directly from a Merchant.
2. Member Bank must be a principal (signer) to the Merchant Agreement.
3. Member Bank is responsible for educating the Merchant on pertinent Visa U.S.A. Inc.
Operating Regulations with which the merchant must comply.
4. Member Bank is responsible for and must provide settlement funds to the Merchant.
5. Member Bank is responsible for all funds held in reserve that are derived from settlement.
Merchant Information
Merchant Name: City of Port Arthur
Merchant Address: 444 Fourth Street
Port Arthur, Texas 77640
Merchant Phone: (409) 983 -8106
Important Merchant Responsibilities
1. Ensure compliance with cardholder data security and storage requirements.
2. Maintain fraud and chargebacks below thresholds.
3. Review and understand the terms of the Merchant Agreement.
4. Comply with Visa Operating Regulations.
The responsibilities listed above do not supersede terms of the Merchant Agreement and are
provided to ensure Merchant understands some important obligations of each party.
Merchant's Signature Date
Merchant's Printed Name & Title
Page 6
Disclosure Page
(Merchant Copy)
Member Bank Information
Name: Merrick Bank, a Utah state chartered bank
Address: 135 Crossways Drive North, Suite A,
Woodbury, NY 11797
Phone: (800)267 -2256
Importait Member Bank Responsibilities
6. Member Bank is the only party to the Merchant Agreement approved to accept Visa
products directly from a Merchant.
7. Member Bank must be a principal (signer) to the Merchant Agreement.
8. Member Bank is responsible for educating the Merchant on pertinent Visa U.S.A. Inc.
Operating Regulations with which the merchant must comply.
9. Member Bank is responsible for and must provide settlement funds to the Merchant.
10. Member Bank is responsible for all funds held in reserve that are derived from settlement.
Merchant Information
Merchant Name: City of Port Arthur
Merchant Address: 444 Fourth Street
Port Arthur, Texas 77640
Merchant Phone: (409) 983 -8106
Important Merchant Responsibilities
5. Ensure compliance with cardholder data security and storage requirements.
6. Maintain fraud and chargebacks below thresholds.
7. Review and understand the terms of the Merchant Agreement.
8. Comply with Visa Operating Regulations.
The responsibilities listed above do not supersede terms of the Merchant Agreement and are
provided to ensure Merchant understands some important obligations of each party.
Merchant's Signature Date
Merchant's Printed Name & Title
Page 7