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R95-194RESOLUTION R95-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MERCHANT PROCESSING AGREEMENT AND AMENDMENT TO MERCHANT PROCESSING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NOVA INFORMATION SYSTEMS, INC., AND MELLON BANK, N.A., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, MELLON is engaged in the business of financial transaction processing which includes, but is not limited to, the processing of and providing for the payment of charges created by the holders of Visa and MasterCard, as well as certain other credit cards; and WHEREAS, the City of Boynton Beach desires to accept, bankcards for the purchase of goods and services for the convenience of our customers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Merchant Processing Agreement and Amendment to Merchant Processing Agreement, copies of which are annexed hereto as composite Exhibit "A" ~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this -~- day of December, 1995. CITY~~~._~~.~,OF BOY~N~TON B~GHT,~" FLORIDA Mayor r~ l~iVc~e ATTEST: C '~y Clerk (Corporate Seal Nova-~olf-ll/30/95 Authsig.doc Boynton Beach 100 E. Boynton Beach Boulevard P.o. Box310 Boynton Beach, Florida 33425-0310 t Oty HoIZ'~ (407) FAX: (407) 3756090 December 13, 1995 Ms. Cara D. Melenyzer Senior Counsel - Merchant Services NOVA INFORMATIONS SYSTEMS INC. 5 Concourse Parkway, #700 Atlanta, GA 30328 RE: Resolution #R95-194 Amendment to Merchant Processing Agreement Dear Ms. Melenyzer: Attached please find a copy of Resolution #R95-194 and three original amendment agreements. This resolution and agreement were approved at the City Commission meeting held on December 5, 1995. Please return at least one completely signed original agreement to me for Central Files. If you have any questions pertaining to this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Sue Kruse, CMC/AAE City Clerk America's Gateway to the Gulfstream Letter to Michael J. Pawelczyk, Esq. November 20, 1995 Page Three along with three executed copies of the Merchant Processing Agreement. Very truly yours, Cara D. Melenyzer Senior Counsel - Merchant Services Agreed and accepted this /,.~' day of ~-~---/~,~",~,, 1995. City of Boynton Beach d/b/a Boynton Beach Municipal Golf Course By: Title: Agreed and accepted this day of ,1995. MELLON BANK, N.A. By: Title: CC: Claire Egem, President, Computer Golf Joe Cohane, Vice President Product Management, NOVA Caroline C. Seely, Assistant Vice President, Mellon ¥OVA' November 20, 1995 Michael J. PaWelczyk, Esq. Boynton Beach Assistant City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 NOVA Information Systems, Inc, Five Concourse Parkway Suite 700 Atlanta, Georgia 30328 (404) 396,1456 Office (404) 396-2117 Fax Re: .A. mendment to Merchant Processin,q A,qr=cment City of Boynton Beach d/b/a BOynton Beach Municipal Golf Course Dear Mr. Pawelczyk: The purpose of this letter (this "Letter Amendment") is to clarify, amend and supplement the Merchant Processing Agreement dated of even date herewith by and among City of Boynton Beach d/b/a Boynton Beach Municipal Golf Course, NOVA Information Systems, Inc. and Mellon Bank, N.A. (the "Agreement"). In consideration of the mutual covenants and agreements and intending to be legally bound hereby, the parties hereby covenant and agree as follows: I. Definitions.. Except .as .otherwise definec~ in this Letter Amendment, capitalized terms used herein Shall I~ave the same meaning ascribed to such terms in the Agreement. II. Clarifications and Amendments to A,qr~ment: Unless specifically designated as an amendment, the following descriptions are intended only to clarify and supplement the specific numbered sections of the Agreement. The numbersSet forth below refer to the numbered sections of the Agreement. 15. Indemnity: Section 15 shall be amended by adding the following to the end of Section 15: "15. !.ndemnit~: Subject to Section 14, NOVA and MELLON agree to indemnify and hold MERCHANT harmless from any claims, damages, costs, fees and expenses, including attorney fees arising from any .material breach by such party of their respective obligations under this Agreement, if such breach is not cUred within a period of 10 business Letter to Michael J. Pawelczyk, Esq. November 20, 1995 Page Two days follOWing receipt of written notice by the breaching party of such material breach, or if such breach can not be cured within such 10 day business day notice peri:od, the breaching party has not made efforts to cure the breach." 17. Governin,q Law:. Section 17 shall be amended by adding the following paragraph after the second paragraph: "17. Governin,q Law:. NOVA and MELLON shall indemnify, and hold MERCHANT harmless for any' costs, fees, expenses, including court costs, attorneys fees and collection expense, which such, may incur in enforcing their rights hereunder." 18. Assi,qnment and/or Amendments: Section- 18 shall be deleted in its entirety and replaced with the following: "18. Assi,qnment and/or Amendments: The parties hereto agree that MELLO.N shall have, in its sole discretion the right to amend, modify, or change this agreement. In the event MELLON chooses to amend, modify or change this agreement, then NOVA or MELLON shall mail, by regular mail, a copy of the modified agreement directly to MERCHANT for a 30 day approval period. MERCHANT's continued use of NOVA's or MELLON's services past said 30 day approval period shall constitute MERCHANT's acceptance of the amended, modified or changed agreement. Notwithstanding anything contained herein to the contrary, MELLON may amend, modify, or change this agreement upon 10 days -notice if such amendment, modification, or change is a result of a change in the rules, regulations or operating procedures of VISA USA or MasterCard International. It is further agreed that both NOVA and MELLON may assign their right, title and interest in and to this Agreement." 19. Termination: Section 19 shall be amended by deleting the last sentence of Section 19 regarding the term ination fee. If the above is agreeable, we ask that you execute each copy of this Letter Amendment in the appropriate place below and return each copy to me Letter to Michael J. Pawelczyk, Esq. November 20, 1995 Page Three~ along with three executed copies of the Merchant Processing Agreement. Very truly yours, -. Senior Counsel - Merchant Services Agreed and accepted this day of ., 1995. City of Boynton Beach d/bla Boynton Beach Municipal Golf Course By: Title: Agreed and accepted this MELLON BANK, N.A. By: dayof ,1995. Title: Claire Egem, President, Computer Golf Joe Cohane, Vice President Product Management, NOVA Caroline C. Seely, Assistant Vice President, Mellon MERCHANT PROCESSING AGREEMENT REGISTERED MEMBER SERVICE PROVIDER FOR: MELLON BANK, N.A., PII'FSBURGH, PA THIS AGREEMENT is made by and be(',,men NOVA INFORMATION SYSTEMS. INCORPORATED, doing txmJnee~ a~ NOVA. a Geo~ia ~, MELLON EANK. (MELLON), located in Pittsburgh, Pe~nsylvama and the taxtemigned MERCHANT, and is sunje~ to me apl~oval of MELLON. WHEREAS: MELLON ia engaged in the Ixmmeel of financial transaction ;w3cessmg which includes, but ts not limited to. the _pn::~__..~ of and providing for the payment of a harges created by the holders of Visa and MaatefCard. hef~nafte~ refefTerl to as nkcards, as wetl as certain other credit c&'dl: and WHEREAS: MERCHANT here~y afflmm that he/she is engaged in a lawful business *s duly licensed under the laws of the State, County, and Cib/it is locate(3 in, to conduct such bUS;ness; and -- WHEREAS: MERCHANT currently access, or damras to acce~x, bankcer~ for the uw~e~, ona=.r or rnar~ger ~ MI~T hes be~n emotove~ by arr. wn~h.~,~. ,neee term hated from de~ng panl(cerd sales by any other: b~ ............... ~....~V, THEREFORE, in considemtXm of the rerx'eesntations, covemmts and l~3misas ma(~ herein, the pmfias agree es foJlow~: 1. as well as all other documents executed by MER- shall attached hereto, and shall coristitute the entire CCF_.FTANCE OF BANKC. ARDS: MERCHANT ~ to Ixx'tor all valid ~ proberty' p~e~ for payment by cardho~. 3. k SALES DRAFTS: MERCHANT agmas to comr~ate all accomanue with Ixe~=ibed rules and regulations of desc~ Jn NOVA'~ MERCHANT OPERATING ID J in authorization or below which it wt nof honor ca~l. and es~ntY reduimmentL and muat cbeck = a~ cnde. draft unlees ~ uente~ inatmution~ provide ~k3w au~ center~ ir~ and ~ not atteml~ to aumc~.at~ ts danied. (a) In ~e event ot or communication eh-or. MERCHANT agres~ to ootain wocedum~ fumiahed by NOVA in its Merchant AND TELEPHONE SALES: MELLON and NOVA discourage the high incidence of f~aud associated with such demre to accept such sales. NOVA sugge~l that you follow the its Meroftant Obefating Guide including wnting "TO" on telel~one rnail orders. MERCHANT. underatanda that an authonze~ mail or tetepixme of=er ~ not constitute a guarantee Of payr~ only available credit and may be su~ect to dispute or chargebecl(. , "; ~I;~"~a aa .J agrue~ [o Dalaflce anQ 6ettle ea(~/t terminal dally exce~ on days w'~en MERCHANTs place of business is closed. ' 8. PAYMENT: All paymer~ to MERCHANT, ~' legitimate ar~ autl'~ized I~nkcard umv~e~ a voided check. MERCHANT understands that credited by MERCHANT's bank. MERCHANT understanda that due to the nature of the ACH and the ekeotronic rlatwod~ involvnd, and the faot that not sil benk~ 13ek3~g to an ACH, ~ to the MERCHANT can be datayed. In such ~____-~-~ the MERCHANT MERCHANT's "DWgnated Acmunt'. MERCHANT hereby aut~ MELLON, in aocordanon with this .......... . __ -=.=- c~ or other Mas which MERCHANT -=q year :,n .such a manner so as to ~ MERCHANT to co~as or any ~llas dralt requeatnd by NOVA or MELLQN, on ~ca~mm~24. "---' result- in a anti may re~JIt in a or suspension, of your 274AP9212R950309 *REGISTERED MEMBER SERVICE PROVIDER FOR: MELLON BANK, N.A., PITTSBURGH, PA (n) If ~ ~ to any ar~ o~ ME~ out~ the r~Jo ~ Ma~mC. ard (a) Refu~e to acoegt mmotmn~e in mlum ar eami~,~e and reftme to i~ue a re:run~ to a carcllx~m;, or (b) Aoce~ retume~ ~ o~ in ~ ~ meml~ndJ~e equ~l in ~nce to the amount oft~e original trane; ~ Co). Accept resumed me~r,l~andise in exchange for ~e MERCHANT's promise to delmer g__,-~,~:~__ or seP~ce~ of equal value available from ME~CHANT, at no a~itional ~'n~'°t~ sl~afl bed~.. ~to r~av~ I~e~ gwe~if, at the timeofth, transaction t~e '~'~-~ ~ appeam o~ all ~ of the sale~ 0r'alt in leoible lattefa ~t I~ · -- -.... ~ c~u..r-~.~=,- r.~NI.T- Or "IN STORE CREDIT ONLY' or (aL~W_,._t~e- ;~ have ~ r~ume~ to MERCHANT by caml~lcler, cam rescuing banlc .... '~ " (1) gooom °r me~ice~ ~mm no~ mceiveO by cam~ckler, or by aultmrzmcm ume~, o~ 14.1 a~ stma be ~ from iiabdity m~c~ failure to per. tm fire:. 11o~1; ato~; ee~; tidal wave;. em~; mecflamcal the o~le~, re~Jmitio~, request or 17, ~NI.NG LAW; Thil Agreeme~ ~ be governed by and .;c.-,~ue~ n ~ me as~grme ~ ~; ~ ~, m ~, ~ ......... -'- --': me n~, ,in im ~ d~ t~ ~ o ~ ~ .......... --" m I . , . ~ ~ ~VA shall 274AP9212R950309 *REGISTERED MEMBER SERVICE PROVIDER FOR: MEU. ON BANK, NA, PITTSBURGH, PA · 19. TERMINATION: NOVA, MELLON ami the MERCHANT si;Il ~ the ri~ to terrmnate this a~ without ~ ~ without r~ and said termination shall no~ release one from I/ne offia~ until all sun~ are ~ in full. MERCHANT agrees-to pay a termination fee of $95.00, ragan3Jles~ of I~/wlxim this agreement is terminat~:l. 20. ACH AUTHORIZATION: I/we hamby authorize MELLON. in ac~omance with this enm-- -- ~ ,~[~,,...~aga~.~ ass~g.ns, succes~om, now or In .the future, to initiate debit/credit _~.,.,,=~ _~u_ .~,:.~.g:~<mg ~ or any ~ account maintained by me/us at any financial ,,==~r~um3n ma~ ~s a rece~ng mempar of an ACH. A voided chat, l< ~ ~~Tto ~m~'usJ, its temlination, in suc~ manner ,8 to affo~ tee charged on esch sale ar~ each creclit transacUon, fee ............ of~ any direct, or to: changes in International; or to any ~ in communicationl cost~ charge~ to NOVA, or MERCHANT's rate and 'host Jn al=ore, or should spacial PRINT OWNE]~ ~ NAME DAIE: BY:. Oi~COUNT PER ITEM Oi~COUNT ~ ITJ~tll DISCO ITEB DISCOUNT PER tTEM Vk~v~e=e~a~ % % 'Diners ClublCa~te Blanche % % m smMme~gs show~ curmM d/~count r~. Moce~ee direGt aed~ment aerv~ee, ff a ~ ~~ ~ ~ ~ a~ ~ ~ rote ~ ~ is ~ ~ ~.~ Vi~ U.S:A. a~ ~ Int~ ~ ~ ~ VOICE AU~ORI~ ~ON - $ ,~ T~ AU~ ONL Y- $ .28 R~IEVALS. INQUIRI~, CH~G~CKS. $10.~ WA~ AU~ ~ ~ . $ .20 ~IC~ ~S - $ 20 ACH~TA~m. $ 8.~ abUtFl~D By: ~A INF~MATI~ SY~M~ A~ ~r (ONL~ A~ ~c~ (ONL~ DA~; By: DA~: BY: 274AP9212R950309 *REGISTERED MEMBER SERVICE PROVIDER FOR: MELLON BANK. N.A., PITTSBURGH, PA PLICATION FOR 1: ME!CHANT BANK CARD SERVICES • tA19---VA Service Center/FI ... .-- 5 - ‘5 _, Bank Number Branch ID TSYS Association Association Code (if any) Chain Number SIC Code Rep # 1 / q Merchant is Applying for. ❑ VISA/MasteiCard Services ❑ Debit Card Service ❑ Additional Location ❑ Electronic Data Capture Terminal ❑ PC Processing Merchant Processing Method: ❑ Tape ❑ Paper/Telephone ❑ Paper /Auth Terminal VAR dorrpoergg 6e f rlii7eE Business Profile: ❑ Corporation ❑ Closely Held Widely Held ❑ Si. b Chapter S Corp O Partnership General/Limited ❑ Non -Profit ❑ Sc le-Proprietorship Busines ame (DBA Corporation Name D� SO 61 r1U1M(F L 60LP d Street Ad Street Address 2 �0 50 G- P.o 14:13 city - 160\101-01J a & Stat b . Z 3 City State Zip Phone Number Fax Number j Phone Number Fax Number .( #7) gioq -az .(yap P1 ( ) ( ) Contact Name Drbe uct o Service 7 --ge.„- r i,,,g_5- ..,- e,---/..47-4. pa, e. A ,--,,,., # of Years in Business # of Locations Federal Tax ID # Ia \A 1 Prior Name(s) of Business (if any) : .pis:; }. :. }'':al r x •' . ; :: Title % of Ownership N e Date of Birth Social Security # Home Phone 1� O� \\INS(N OSCL -- ( ) Street .` oyaN -3 c h - b 1 v c City 'v - )c-\1"\ State 1 Zip ti ,�, Previourftddress (a ir less than 5 years) it o Zip , r. 2 O�op -J �r Y��C � 31x5 -030 '. : ,, `. , :,.. Title % of Ownership Name Date of Birth Social Security # Home Phone ( ) Street Address City State Zip Previous Address (id less than 5 years) City State Zip - tti :: i « :�C< ,.. )• : ' + •}•}+ . < . •:•'x`'• } }::: •r,(•: .:.�•+. r�0 �::3 <' w::','tt � • ::..1 ::: v : Y. }t : ::Y 'a. :- - : .•r.K } •'.: : } ` ,::-:::- .:-:•: < + v '' v - :` .• •2y:.- 01 ar:$ "':.`.• `. ::li :: ++.•,.. " . ::,c: r :- ��c�:.- ::- �' :..: •:.4 • -,. r::a { <w�.. : .. :,,a: a,:' :. }. f. r � . ,��;;;n. + }�•ay!+r.'�'.�lS' ... w:. S, s• :'•. ;k } :J�••0^} - ! + : } }. 4 .v + { .v : :.+ j n .vv r:b:. ... :'r .. "++i .. ..., ••: Checking Savings Loan Owner Bank Name Account Number Account Number Account Number Bank Phone 1 ‘ 3S\\ ( 73G 1 ( ) 2 ( ) 2 ( ) ❑ Approved ❑ Declined Date Authorized Officer *Registered Member Service Provider For. 281AP9212R940725 MELLON BANK, N.A., PITTSBURGH, PA RECENT NOTIA . Initial Fees Non - Refundable Application Fee $ (pF I V ❑ Check Attached Variance: . Site Survey $ 0. al Fee applicable only if survey provided by Professional Services Terminal Reprogramming $ 0 I 1 ❑ Check Attached Variance: ❑ Debit ACH I. - lation/Training _ Telep ;1 $ ❑ Check Attached Variance: On -Site $ 100.00 ❑ Debit ACH EQUIPMENT/SO ' ' QUANTITY - ' ' • E METHOD FEES EQUIPMENT PURCHASE ``RENT LEASE Debit • -.. t # of ,Monthly_ ck Price Monthly Monihly � _ :AI 'AC - Billing Billing Check Item Description I b # Per Item Charge Charge Monthly Periods Amount Attch'd Verifone XL 300 New Verifone XL 300 Refurbished WA Verifone Tranz 330 New Verifone Tranz 380 New Verifone Printer. 250 New glilliPA Pin Pad 101 N/A Pin Pad 201 N/A Imprirder N/A PC Transact-It N/A N/A Chit UP8 s N/A N/A Other: Combination Pricing XL300/Printer 250 Tranz 33. ' 50 Trani ' .■ - 250 • . I 1 • used/P250 N/A N/A Please explain exception pricing: Le.(Trade In Values) Recurring Charges Monthly Minimum Discount $20 Variance: Annual Membership $25 Variance: Returned Draft S20 per occurrence Variance: NSF Chargeback $10 per occurrence Variance: Terminal/Printer Swap Out of Warranty S85 per occurrence Variance: Rate Schedule ,t,::::. "• s. .•...:� :�• -^ ; :« :�, - PS2000 /MERIT III _ t .,I ; M 1 TI1F MERIT I STANDARD • :.� ..' . _ } D Per Item Disco n Per Item Discount Per item Discount - r Item Visa/MasterCard 1. 7 % . .76 % % % NA 4 NA Wows. NA . • NA illitiw► NA NA NA IIIIIIIII o % % o/a % *Registered Member Service Provider For: 281AP9212R940725 MELLON BANK, N.A., PITTSBURGH, PA , 7 ta iv a.... 401 ,....t rIA — -* AL INFORM ADDITION— statements a , ‘ ,...„...._— Current Consecutive Merchant k ' s"-- Most ____ d Processor (Please Attach Three m , Curre Balikeur Name or Provide Most Recent Financial Statements attach explanation) - Please Prow please New Businesses or lawsuits? (if Yes P a to any claims Is the business or owner I\ H ave you or the business ever dec lared bankru (If yes, state date and chap ° 4 e- 1 fle ' -. -To ■fib e. ckCiNk Impo rtant) S AL(21 s&iLQa-89 -.t' I0‘),51NA a_e_te S -')-) OD Anticipated Yearly Card Volume (Very Average Credit Card Amount S "..)' CD taiog Sales % ephone Sales % Percentage o Monthly Credit rtnc `S9DD Card Sales Volume S Percentage o . 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'''''''';',4:%/ • ' .'/'4''''...'"4.''.i;i:i.,•>,{i&,,•:3: '').. ‘L' '').''''..'. ' ' ' ' ' ' .:'.'.TAI;37X7:iti 4. .•::;*":' ..% '‘7:.': ...:V+4;h:Ci :'; ''' '' '.: . ' v... i ,177;3:.,77:17$ ' .'Z '', : „ :'•;... ,‘ :..„...,,,,,*,04,.„,`,.,..., . ',..• L 4 Z.,..t s • 1 A/elittek/qtli L' 4. . /1 S Sr ciTy ATTORNEY Provider For: isterel Member Service N, AP PA *Re ELLON BANK, 281AP9212R940725 M DEBIT /CREDIT AUTHORIZATION AND E ' . AM Z ....... .- _` ... _? J PAYMENT AGREEMENT J '� �� I"rcaaAt. ixc I/We hereby authorize NOVA Information Systems, Inc. (NOVA), in accordance with any and all obligations owed to NOVA, or its agents, assigns, successors, now or in the future, for providing various transaction processing support services or other obligations including, but not limited to, supplies, equipment, authorization, and information capture to initiate debit /credit entries to our checking account, as indicated below. This authority is to remain in full force and effect until NOVA has received written notification from me /us of its termination in such manner as to afford NOVA reasonable opportunity to act upon it. I/We also agree to immediately notify NOVA in writing as to any change to the checking account information indicated below. For value received, and in order to induce NOVA to provide various transaction processing support services for MERCHANT, the undersigned agrees absolutely and unconditionally, that MERCHANT is liable to NOVA, its successors or assigns, for the prompt and complete payment, performance, and satisfaction of any "Uncollected Amount" owed for providing various transaction processing support services or other obligations by MERCHANT, whether direct or indirect, absolute or contingent, liquidated or unliquidated, now existing or arising in the future, of any nature or kind whatsoever, together with any interest thereon and any expenses incurred by NOVA, in enforcing this Agreement (including reasonable collection fees), said Agreement shall remain in full force and effect until such debts and obligations are fully paid and satisfied, notwithstanding the termination of, or any amendment to, this Agreement. MERCHANT waives acceptance and notice of acceptance of this Agreement by NOVA and notice by NOVA of any default by MERCHANT, or of any action taken by NOVA with respect thereto HOME OFFICE USE ONLY Tnon.. # I I I I I I I I I I I DDA #[ I I I I I I I I I I I I I I I I I I 1 ■ I DEPOSIT TICKET — r ^ ^ ' _- - - -- _- - 63- 858/670 - Z 4 `sl_j r CITY OF BOYNTON BEACH REASURERS FUND f I cV G I ) q ;t r n c t t 105 North Compose Arena tS a n k Boynton Bosch, florlda 33426.4291 s W Y Z�_ ha 997008552 W L C- U 7 I l'' G • I— = - I W ' Q C G Q ,. J U - - - � , r_ _ Q . V TOTAL ITEMS $ $ . 1:60600L5001: L6LL4353LLI0 VOIDED IMPRINTED CHECK FROM CHECKING ACCOUNI PALM Bt ACt (DO NOT USE A DEPOSIT TICKET) (9 `� .\ \o`Z - '� I I Owner /Offic • r Signat e 1 Title Date / X Owner /Officer Signature #2 Title Date • vouoLin AS Ti.. ;-630" 267AP9212R930730i� r• 7) l L - - - -- -- Asc 7 C t n/ P Rk;,2Nt�/ __ , ,....:... , PHOTO ,.., , , .. _ . , , .. fa • _ e include a minimum of ti - { "` " :. )r o f the busi with p rc -- 1 � ` easily r needed to comply, please ~*r -- . , J - ` t ` 1 1 ) 1 . he business and merchan ki p '',;-4 1 , I .. - ALT ' photo. .°6-; _ . • -1 ,R,R s.. "'►+a , .'" ' . dillre ' Ilk 3M ,, ' •• 1 0. ' 1 e y s . p s 4.1 �J AO � H , INt . ' I i ',' rk or do not cover banking , fr= ....=......- =- =r _r NOVA Information Systems, Inc. f _ = r Five Concourse Parkway INFORMATION SYSTEMS. INC. Suite 700 Atlanta, Georgia 30328 November 20, 1995 (404) 396 -1456 Office (404) 396 -2117 fax Michael J. Pawelczyk, Esq. Boynton Beach Assistant City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Re: Amendment to Merchant Processing Agreement City of Boynton Beach d /b /a Boynton Beach Municipal Golf Course Dear Mr. Pawelczyk: The purpose of this letter (this "Letter Amendment ") is to clarify, amend and supplement the Merchant Processing Agreement dated of even date herewith by and among City of Boynton Beach d/b /a Boynton Beach Municipal Golf Course, NOVA Information Systems, Inc. and Mellon Bank, N.A. (the "Agreement "). In consideration of the mutual covenants and agreements and intending to be legally bound hereby, the parties hereby covenant and agree as follows: I. Definitions. Except as otherwise defined in this Letter Amendment, capitalized terms used herein shall have the same meaning ascribed to such terms in the Agreement. II. Clarifications and Amendments to Agreement. Unless specifically designated as an amendment, the following descriptions are intended qnly to clarify and supplement the specific numbered sections of the Agreement. The numbers set forth below refer to the numbered sections of the Agreement. 15. Indemnity: Section 15 shall be amended by adding the following to the end of Section 15: "15. Indemnity: Subject to Section 14, NOVA and MELLON agree to indemnify and hold MERCHANT harmless from any claims, damages, costs, fees and expenses, including attorney fees arising from any material breach by such party of their respective obligations under this Agreement, if such breach is not cured within a period of 10 business Letter to Michael J. Pawelczyk, Esq. November 20, 1995 Page -Two days following receipt of written notice by the breaching party of such material breach, or if such breach can not be cured within such 10 day business day notice period, the breaching party has not made efforts to cure the breach." 17. Goveminq Law. Section 17 shall be amended by adding the following paragraph after the second paragraph: "17. Governing Law. NOVA and MELLON shall indemnify and hold MERCHANT harmless for any costs, fees, expenses, including court costs, attorneys fees and collection expense, which such, may incur in enforcing their rights hereunder." 18. Assignment and /or Amendments: Section 18 shall be deleted in its entirety and replaced with the following: "18. Assignment and /or Amendments: The parties hereto agree that MELLON shall have, in its sole discretion the right to amend, modify, or change this agreement. In the event MELLON chooses to amend, modify or change this agreement, then NOVA or MELLON shall mail, by regular mail, a copy of the modified agreement directly to MERCHANT for a 30 day approval period. MERCHANTs continued use of NOVA's or MELLON's services past said 30 day approval period shall constitute MERCHANT's acceptance of the amended, modified or changed agreement. Notwithstanding anything contained herein to the contrary, MELLON may amend, modify, or change this agreement upon 10 days notice if such amendment, modification, or change is a result of a change in the rules, regulations or operating procedures of VISA USA or MasterCard International. It is further agreed that both NOVA and MELLON may assign their right, title and interest in and to this Agreement." 19. Termination: Section 19 shall be amended by deleting the last sentence of Section 19 regarding the termination fee. If the above is agreeable, we ask that you execute each copy of this Letter Amendment in the appropriate place below and return each copy to me Letter to Michael J. Pawelczyk, Esq. November 20, 1995 Page Three along with three executed copies of the Merchant Processing Agreement. Very truly yours, ddAlt/te ' Cara D. Melenyzer Senior Counsel - Merchant Services Agreed and accepted this 'D day of A/etARf/, 1996. City of Boynton Beach d /b /a Boynton Beach Municipal Golf Course By: ,A. . `/ APPROVED AS TO FORM : Title: / Agreed and accepted this day of , 1996. MELLON BANK, N.A. By: Title: cc: Claire Egem, President, Computer Golf Joe Cohane, Vice President Product Management, NOVA Caroline C. Seely, Assistant Vice President, Mellon SUBJECT TO ADDENDUM fr 7:711- * 1 IOM 7kL MERCHANT PROCESSING AGREEMENT REGISTERED MEMBER SERVICE PROVIDER FOR: MELLON BANK, N.A., PITTSBURGH, PA fitly 14.41 THIS AGREEMENT is made by and between NOVA INFORMATION SYSTEMS, 8 PAYMENT All payments to MERCHANT, for legitimate and authorized bankcard INCORPORATED, doing business as NOVA, a Georgia Corporation, MELLON BANK, sales, shall be made by MELLON through the Automated Cleanng House (ACH) and shall (MELLON), located in Pittsburgh, Pennsylvania and the undersigned MERCHANT, and is be electronically transmitted directly to a "Designated Account" of the MERCHANT, for subject to the approval of MELLON which MERCHANT has provided a voided check MERCHANT understands that payments are transmitted daily, except weekends and bank holidays However, neither WHEREAS MELLON is engaged in the business of financial transaction processing MELLON nor NOVA, can guarantee the timeliness with which any payment may be which includes, but is not limited to, the processing of and providing for the payment of credited by MERCHANTS bank MERCHANT understands that due to the nature of the charges created by the holders of Visa and MasterCard, hereinafter referred to as ACH and the electronic networks involved, and the fact that not all banks belong to an bankcards, as well as certain other credit cards, and ACH, payment to the MERCHANT can be delayed In such cases, the MERCHANT WHEREAS MERCHANT hereby affirms that he/she rs engaged in a lawful business and agrees to work with MELLON and NOVA to help resolve any problems in crediting is duly licensed under the laws of the State, County, and City it is located in, to conduct MERCHANTS "Designated Account' such business, and MERCHANT hereby authorizes MELLON, in accordance with this merchant processing WHEREAS MERCHANT currently accepts, or desires to accept, bankcards for the agreement, or other obligations owed to MELLON, its agents, assigns or successors, now purchase of goods and services, and or in the future, to initiate debit/credit entnes to its checking account, or any other account maintained by MERCHANT at any bank that rs a receiving member of an ACH This WHEREAS MERCHANT warrants that he/she has not been terminated from depositing authority is to remain in full force and effect until MELLON and NOVA have received bankcard sales by any other bank under its current or any previous business name and written notification from MERCHANT of its termination in such manner as to afford that no owner, officer or manager of MERCHANT has been employed by a merchant or MELLON and NOVA reasonable opportunity to act on it All payments to the MERCHANT business terminated from depositing bankcard sales by any other bank shall be paid in full, less discount, credits, chargebacks or other fees, which MERCHANT NOW, THEREFORE, in consideration of the representations, covenants and promises shall be responsible for Said fees shall be deducted from incoming transactions or may N parties agree as follows be debited against MERCHANTs "Designated Account" by MELLON made OW herein, the 9 SALES DRAFTS STORAGE AND RETRIEVAL Visa, USA and MasterCard 1 AGREEMENT This document, as well as all other documents executed by MER- CHANT, pursuant to the acceptance of Visa and/or MasterCard or any other credit card, sale s s otio or credit edit dra rules drafts require, fts to card from insurers, time to urers, or receiving MELLON banks, upon request obtain and forward copies of shall be incorporated herein, and attached hereto, and shall constitute the entire sal agreement between NOVA, MELLON and MERCHANT MERCHANT is required to set up a system to store and maintain sales drafts for not less MERCHANT agrees to honor all valid bankcards than 1 year in such a manner so as to allow MERCHANT to forward, within 24 hours, 2 ACCEPTANCE OF BANKCARDS ME cardholder RCHA copies of any sales draft requested by NOVA or MELLON, on behalf of card issuer when properly presented for payment by MERCHANT understands that failure to respond to the retneval request could result in a 3 COMPLETION OF BANKCARD SALES DRAFTS MERCHANT agrees to complete all a bankcard sales drafts or credit drafts in accordance with prescribed rules and regulations sub under Visa and MasterCard rules and a and may result of Visa and MasterCard which are described in NOVA's MERCHANT OPERATING substantial antial increase in discount ount ratee, , o or in t in the termmininattion, ion, s, or suspension, of your y processing privileges GUIDE, which MERCHANT acknowledges it has received MERCHANT agrees to impnnt the sales slips with the embossed data from the customer's 10 WARRANTING BY MERCHANT MERCHANT warrants and agrees that credit card and the MERCHANT's plate on an imprinter, and obtain the cardholder's MERCHANT shall fully comply with all federal state, and local laws, rules and regulations, signature which must match that on the card MERCHANT may request a second form of as amended from time to time, including the Federal Truth -in- Lending Act and Regulation ID if in doubt and agrees not to accept cards when the signature is in question Z of the Board of Governors of the Federal Reserve System If MERCHANT uses an electronic pnnter connected to a P 0 S device, the MERCHANT As to each bankcard sale presented to MELLON for payment MERCHANT warrants that must still obtain the cardholder's signature on the printed sales receipt In the event of a (a) The sale is valid in form and has been completed, in accordance with current manually entered sale or credit, in addition to the printers sales draft, MERCHANT must instructions furnished by NOVA to MERCHANT, and obtain an imprint of the cardholder's card Failure to do so may result in a chargeback (b) MERCHANT has delivered merchandise to the cardholder signing each sales 4 POINT OF SALE DEVICES MERCHANT agrees to utilize a P 0 S terminal furnished draft or completed the services described on the draft, in accordance with by, or approved by, NOVA for all transactions, unless otherwise specified in authorization MERCHANTs underlying agreement with the cardholder, and center's instructions and the Merchant Operating Guide (c) Each sales draft represents the cardholder's indebtedness for the amount shown, 5 AUTHORIZATIONS MERCHANT understands, and acknowledges, that unless the and procedures in the Merchant Operating Guide fur by NOVA provides otherwise, as floor limit shall be ZERO and that all transactions must be authorized, by a designated (d) MERCHANT represents that as of the date any sales draft is offered to MELLON, Card Authorization Center MERCHANT has no knowledge or notice that would impair the validity of the sales draft, or the indebtedness thereunder, or its collectibility, and warrants that such sales MERCHANT will not establish a dollar limit above or below which it will not honor cards draft, or indebtedness, is not subject to any prior lien MERCHANT will follow card plan verification and security requirements, and must check card validity and expiration date, verify signature, and obtain electronic authorization code (e) To the best of MERCHANTS knowledge, the cardholder has no defense right of which shall be written on sales draft unless authorization centers instructions provide offset, or counterclaim against MERCHANT in connection with the purchase of the otherwise goods or services, and MERCHANT shall hold NOVA and MELLON harmless from any such claim, MERCHANT agrees to follow authorization center's instructions and shall not attempt to obtain an approval of a transaction where an authorization is denied (a) In the event of (I) MERCHANT has charged cardholder no separate or additional fee(s) in gasoline or fuel sales, merchant must include vehicle license number and state or county connection with the transaction The foregoing shall not prohibit MERCHANT from of issue (b) Lodging establishments acknowledge that they have been explained and will extending discounts to customers paying by cash, check, or any other means other follow special plan rules for hotel reservations and charges as described in Merchant than by bankcard Operating Guide MERCHANT warrants and agrees that it shall not, without the cardholder's consent, sell In the event of terminal failure or communication error, MERCHANT agrees to obtain purchase provide or exchange bankcard account number information, in the form of authorizations according to voice backup procedures furnished by NOVA in its Merchant imprinted sales draft slips, mailing lists, tapes or any other media obtained by reason of a Operating Guide bankcard transaction or otherwise, to any third party other than to MERCHANT's agents for the purpose of assisting the MERCHANT in its business, to NOVA, its ACQUIRER, or 6 MAIL ORDER AND TELEPHONE SALES MELLON and NOVA discourage accepting to MasterCard International or Visa, USA, or pursuant to a governmental request mail and telephone orders because of the high incidence of fraud associated with such sales Should you desire to accept such sales, NOVA suggests that you follow the 11 RETURNS AND CREDITS NOVA will furnish MERCHANT with a supply of bankcard procedures given in its Merchant Operating Guide including writing TO on telephone credit drafts MERCHANT shall properly complete a credit draft, delivering one completed orders and "MO" on mail orders copy to the cardholder at the time of each return or cancellation of sale MERCHANT understands that an authorized mail or telephone order does not constitute a MERCHANT shall follow the credit procedures as outlined in the MERCHANT guarantee of payment only available credit and may be subject to dispute or chargeback OPERATING GUIDE when giving credit The per -item or processing fee will still be applicable 7 SETTLEMENT MERCHANT agrees to follow those procedures provided by MELLON through NOVA in its Merchant Operating Guide for balancing of daily sales transactions MERCHANT shall not, under any circumstances, issue cash for returns of merchandise or MERCHANT understands and agrees to balance and settle each terminal daily, except on cancellation of services, where goods or services were originally purchased in a bankcard days when MERCHANTS place of business is closed transaction 274AP9212R950309 `REGISTERED MEMBER SERVICE PROVIDER FOR: MELLON BANK, N A., PITTSBURGH, PA With proper disclosure at the time of the transaction, MERCHANT may (n) If with respect to any one of MERCHANTs outlets, the ratio of MasterCard counterfeit and fraud volume to MasterCard sales volume exceeds 8% for two (a) Refuse to accept merchandise in return or exchange and refuse to issue a refund successive months All sales may be charged back and MERCHANT may be to a cardholder, or terminated immediately and without notice (b) Accept returned merchandise only in exchange for merchandise equal in price to (o) In any other situation where the sale was executed, or depository credit given to the amount of the original transaction, or MERCHANT, in circumstances constituting a breach of any representation or warranty of MERCHANT hereunder, or where any action, or lack of action, by MERCHANT in (c) Accept returned merchandise in exchange for the MERCHANT's promise to violation of Plan, has resulted in a sale being charged back to MELLON by an issuing deliver goods or services of equal value available from MERCHANT, at no additional member of the Plan, pursuant to Plan rules and regulations, as amended from time to cost to cardholder time Proper disclosure shall be deemed to have been given rf, at the time of the transaction, the NOVA will provide MERCHANT with any Information possessed by it which may enable following notice appears on all copies of the sales draft in legible letters at least 1/4 inch MERCHANT to recover from others the amount of any sale charged back to MERCHANT high and in close proximity to the space provided for the cardholder's signature stating MERCHANT authorizes NOVA, at its option, to set up a reserve account of not less than "NO REFUND" or "EXCHANGE ONLY" or "IN STORE CREDIT ONLY ", or equivalent one hundred dollars, to be held by MELLON to be used as an offset for chargebacks This language, as applicable amount may be adjusted from time to time, based on chargeback activity or risk factors, 12 CHARGEBACKS Notwithstanding any non - recourse provisions contained herein, and shall be retained for a period of not less than 180 days from date MERCHANT MERCHANT will pay MELLON, upon demand the face amount of any sale, otherwise discontinues transacting business through MELLON MELLON shall have the nght to charge MERCHANTS "Designated Account therefore and Any amounts due and owing by MERCHANT, under the terms of this Agreement, shall be to chargeback such sale to MERCHANT in any of the following situations deemed an "Uncollected Amount" if not paid in full within 24 hours of any collection (a) Where Products have been returned to MERCHANT by cardholder, and attempt Furthermore, MERCHANT agrees to reimburse MELLON for all collection costs in cardholder requested a credit slip and such credit slip was not processed by the event of MERCHANTs failure to pay for any chargebacks or any other amount that MERCHANT may be due MELLON, its assigns or successors in interest (b) Where the purchase had not been authorized by the designated card 13 FRAUDULENT SALES/FACTORING MERCHANT shall never accept, or deposit, or authonz Where center, as required hereunder, and the sale was charged back by the enter into its terminal, a fraudulent sale, or any sales, made by any other MERCHANT card issuing bank Should MERCHANT do so, he shall be immediately terminated, all funds will be placed on hold for not less than 180 days, and MERCHANT will be placed on the "Merchant (c) Where the sale covers goods or services other than those set forth in the Terminated File" Said action may result in never being allowed to take Visa and Merchant Application, and sale is charged back by the card issuing bank MasterCard again In the event NOVA, or MELLON, reasonably believes MERCHANT fraud may have occurred or MERCHANT fails to repurchase, upon demand, any sale as (d) Where a cardholder contends or disputes, in writing to NOVA, MELLON, or the required under Plan rules or to provide funds for credits issued, MELLON may hold all appropriate issuing member of the Plan that funds represented by drafts submitted by MERCHANT for not less than 180 days MERCHANT acknowledges that credit to its account for Bank Card drafts are provisional (1) goods or services were not received by cardholder, or by authorized user, or and may be revoked at any time in accordance with Visa and/or MasterCard rules In the event MERCHANT ceases doing business and no claim is made for funds held pursuant to (2) goods or services received by cardholder, or by authorized user, do not this Section 13 within one hundred eighty (180) days of cessation of business, any conform to what was on sales draft, or remaining funds may be retained by MELLON (3) goods, or other things of value, were defective, or 14 DUE CARE The performance by NOVA, or MELLON, of all services called for in this (4) the dispute reflects a claim, or defense, authonzed against bankcard Issuers, Agreement shall be consistent with industry standards Neither NOVA, or MELLON, shall or creditors, by a relevant statute or regulation be liable for special, consequential, exemplary or punitive damages In no event shall NOVA's, or MELLON's, cumulative liability to MERCHANT hereunder exceed the amount (e) Where ongmal sales draft is not received by NOVA, or MELLON, as required in of the Bank Processing Fees paid by MERCHANT in the prior month accordance with Section 9 of this Agreement 15 INDEMNITY MERCHANT agrees to indemnify and hold NOVA and MELLON (f) Where sales draft does not contain a transaction date, or the face of such sales harmless from any claims, damages, costs, fees and expenses, including attorneys fees draft shows that such date or dollar amount has been altered, or incorrectly entered, or arising from (1) the provision of, or MERCHANTS alleged failure to provide, services or transaction was received more than 10 days from transaction date, and sales draft is goods, (2) breach by MERCHANT of terms of, or any warranties set forth, in this charged back by the card issuing bank agreement, (3) any action by any federal or state agency authority or regulatory body involving MERCHANT, or (4) any claim by any party for funds owed by MERCHANT (g) Where the sales draft contains the imprint or description of a card other than card MERCHANT acknowledges liability for the actions, or failure to act, of its employees and specified and authonzed agents (h) Where the sale is generated through the use of an expired card, and sale is 16 FORCE MAJEURE The parties to this Agreement shall be released from liability charged back by the card issuing bank hereunder for failure to perform any of the obligations herein where such failure to perform occurs by reason of any act of God, fire, flood, storm, earthquake, tidal wave, (q Where sale is a duplicate of one previously transmitted to MELLON, or includes a communications failure, sabotage, war, military operation, national emergency, mechanical charge previously paid by cardholder and sale is charged back by the card issuing or electrical breakdown, civil commotion, or the order, requisition, request or bank, or two or more drafts were made by merchant to circumvent the floor limit recommendation of any governmental agency or acting governmental authority, or either party's compliance therewith, or government pro- ration, regulation, or priority, or any other 0) Where no signature appears on sales draft and the cardholder has certified in cause beyond either party's reasonable control whether similar, or dissimilar, to such writing to NOVA, or the appropriate issuing member of the Card Plan pursuant to Plan causes regulations, that he did not make, or authorize, the transaction 17 GOVERNING LAW This Agreement shall be governed by, and construed in (k) Where sales draft does not contain the embossed legend from a bankcard, or accordance with, the laws of Pennsylvania, or in the event of any assignment by, or MERCHANT has failed to obtain the specific authorization from a designated card successor to MELLON, then this Agreement shall be governed by the taws of the state authorization center to complete the transaction and/or the cardholder has certified in where the assignee is domiciled, and shall, in addition, be subject to the by -laws and writing to NOVA, or the appropnate issuing member of the Card Plan that he did not operating regulations of Visa USA and MasterCard International make, or authorize, the transaction MERCHANT shall indemnify and hold NOVA and MELLON harmless for any costs, fees (I) Where the signature on a sales draft is obviously different from the signature expenses, including court costs, attorneys fees and collection expense which NOVA, or appearing on the signature panel of the card and sale is charged back by the card MELLON, may incur in enforcing their rights hereunder issuing bank 18 ASSIGNMENT AND /OR AMENDMENTS The parties hereto agree that MELLON (m) Where a card issuer or MELLON reasonably believes that merchant fraud shall have, in its sole discretion the right to amend modify, or change this agreement In occurred at the time of trar;,actlon(s), whether or not such transaction(s) was properly the event MELLON chooses to amend, modify or change this agreement, then NOVA shall authorized by the issuer, and the cardholder neither participated in nor authorized the mail by regular mail a copy of the modified agreement directly to MERCHANT for a 10 transaction(s), or the Issuer certifies that there was no card outstanding with the day approval period MERCHANT's continued use of NOVA's or MELLON's services past account number used said 10 day approval period shall constitute MERCHANTs acceptance of the amended, 274AP9212R950309 *REGISTERED MEMBER SERVICE PROVIDER FOR MELLON BANK, N.A., PITTSBURGH, PA ■ SUBJECT TO ADDENDUM Awn ��ti modified or changed agreement It is further agreed that both NOVA and MELLON may Application, or monthly volume change by 10% or more, MERCHANT understands he will assign their right, title and interest in and to this agreement pay the discount rate associated with the lower average sale or volume However, in no event shall the discount rate be changed by more than 25 %, without written notice to 19 TERMINATION NOVA, MELLON and the MERCHANT shall have the right to MERCHANT terminate this agreement without cause and without notice, and said termination shall not Merchant to agrees release one from the other until all sums are paid in full MERCHANT agrees to pay a 9 pay the fees and charges set forth in the Rate Schedule, incorporated termination fee of $95 00, regardless of by whom this agreement is terminated herein, as such schedule may be amended, modified or supplemented, in accordance with this Merchant Processing Agreement 20 ACH AUTHORIZATION Vie hereby authorize MELLON, in accordance with this 22 All billing errors or disputes must be submitted in writing to NOVA within 60 days of bankcard processing agreement, or any other agreement with, or obligations owed to, billing date MELLON or its agents, assigns, successors, now or in the future, to initiate detxVcredit entnes to our checking account or any other account maintained by me/us at any financial 23 GUARANTEE For value received, and in order to induce MELLON to enter into this institution that is a receiving member of an ACH A voided check will be forwarded under agreement with MERCHANT, the undersigned Guarantor(s) (individually and collectively separate cover This authority is to remain in full force and effect until MELLON has Guarantor), agree to guarantee absolutely and unconditionally to MELLON, its received written notification from me/us of its termination, in such manner as to afford successors, or assigns the prompt and complete payment, performance, and satisfaction MELLON reasonable opportunity to act on it of all debts and obligations created by MERCHANT, whether direct or indirect, absolute or contingent, liquidated or unliquidated, now existing or arising in the future, of any nature or 21 DISCOUNT Discount shall mean a percentage of the gross sales (undiminished by credit transactions) processed to MERCHANTs Account Transaction fee shall mean a M id whatsoever, N, inn o together with any interest thereon and any expenses incurred by it transaction M all O in i enforcing this guaranty nd effect until in suc debts a collection fees), fully guaranty fee charged on each sale and each credit shall remain in full force and effect until such debts and obligations are fully paid and MELLON shall have the right to increase charges as necessary to offset any direct, or satisfied, notwithstanding the termination of, or any amendment to, this Agreement indirect, increase in the costs of tease the services hereunder due to changes in Guarantor waives acceptance and notice of acceptance of this guaranty by MELLON, and rules, regulations or operating procedures of Visa, USA and MasterCard International, or notice of any default by MERCHANT, or of any action taken by MELLON, with respect any additional requirement imposed by any federal or state governmental agency or thereto regulatory authority, or due to any increase in communications costs charged to NOVA, or INVE hereby acknowledge and agree that this MERCHANT PROCESSING AGREEMENT, Authorization Service, by communications common camers Such increases shall, without receipt of which is hereby acknowledged, shall be binding on us, and further agree that prior notice, become effective as of the date of change MERCHANTS rate and host this agreement shall replace, supplant, and supersede any prior agreements and that this computer profile are predicated upon his average ticket size and monthly volume agreement shall remain in full force and effect unless replaced or modified by MELLON, in MERCHANT warrants that the information on his application is true and correct its sole discretion !ME understand and agree that we have ten (10) days, from date of In the event of a change in the existing parameters stated above, or should special receipt, to reject this or any other new agreement, after which date, if we continue to circumstances arise, (i e special sales, etc ) which shall temporarily /permanently change process through NOVA and MELLO meat it shall constitute our acceptance of the amended, the existing conditions, MERCHANT must notify NOVA pnor to these changes, so that moiled, changed or new agreement necessary parameter adjustments can be made IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their Should MERCHANT's average sales be less than those shown on the Merchant duly authorized representatives as of the date set forth herein NAME '' 1. (, i (jo - 5e S F x � t n ��E�� n C l. PLEASE PRINT Legal/Corporate Name of Business PLEASE PRINT Doing Business As (DBA) Name PRINT OWNER/OFFICER #1 NAME Geee41 •i) -M/ ` ti L SOCIAL SECURITY # DATE / " 3 C — 76 By �� /s, /�/Ji SIGNATURE - OWNER #1 (GUARANTOR) PRINT OWNER /OFFICER #2 NAME V SOCIAL SECURrrY # - _ - _ - , - • t DATE BY SIGNATURE - OWNER #2 (GUARANTOR) ) / rte ' / l ti: (.411.. % i% / (('G ^ L .-- DATE BY � p �«�y� � ALES REPRESENTATIVE) tY - - . - • - = RATE Ohl R DtJLE PS2000 / MERIT III TIIF l! / MERIT II TI!F I / MERIT ! STANDARD DISCOUNT PER ITEM DISCOUNT PER ITEM DISCOUNT PER ITEM DISCOUNT PER ITEM Visa/MasterCard • V % ..70 % % % American Express % % % % Discover (rates determined by Discover) % % % % 'Diners Club/Carte Blanche % % % % 'Rates to be quoted by Diners Club/Carte Blanche directly unless bank processes direct settlement services If a merchant currently accepts Diners Club/Carte Blanche, attach merchant statements showing current discount rate The discount rate quoted above is based upon compliance with Visa U S A and MasterCard International rules and regulations The discount rate for Visa/MasterCard Business Card transactions will be / % + /U /'f cents per item MINIMUM REQUIRED BALANCE FOR CHARGEBACK ACCOUNT IS /5 • 7 (May be recomputed based on chargeback activity) ($100 00) VOICE AUTHORIZATION - S 55 T&E AUTH ONLY - $ 28 WATS AUTH (Non -Local Node) - $ 20 AMERICAN EXPRESS - $ 20 RETRIEVALS, INQUIRIES, CHARGEBACKS - $1000 ACH/STATEMENTS - $ 850 NSF FEE - $ 20 00 - FOR QFFiCE USE ONLY . DO NOT WRITE BELOW THIS LINE ACCEPTED BY MELLON BANK, N A ACCEPTED BY NOVA INFORMATION SYSTEMS, INC Authorized Officer (ONLY) Authorized Officer (ONLY) DATE BY DATE BY 274AP9212R950309 *REGISTERED MEMBER SERVICE PROVIDER FOR. MELLON BANK, NA., PITTSBURGH, PA