Resolution 2014-25 Resolution No. 2014- 1�6"
A RESOLUTION APPROVING A MERCHANT TRANSACTION PROCESSING
AGREEMENT WITH TSYS MERCHANT SOLUTIONS, LLC AND FIRST
NATIONAL BANK OF OMAHA FOR CREDIT CARD PROCESSING
Whereas, the United City of Yorkville(the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
Whereas, the City desires to accept credit card payments for Village fees and
bills; and,
Whereas, the City desires to enter into a merchant transaction processing
agreement for the services to process credit card payments.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the MERCHANT TRANSACTION PROCESSING AGREEMENT,
between TSYS Merchant Solutions, LLC and First National Bank of Omaha with the
United City of Yorkville, attached hereto and made a part hereof by reference as Exhibit
A, is hereby approved and Rob Fredrickson, Finance Director, be and is hereby
authorized to execute said Agreement on behalf of the City.
Section 2: This Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council the United City of Yorkville, Kendall County, Illinois
this !N- day of OC IO�I�, 2014.
CITY CLERK
CARLO COLOSIMO KEN KOCH C
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER y JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this cRO day of Oe7D 6E4 , 2014.
f
"MA O
Resolution No. 2014- <R57
Page 1
Principal/Bank: Associate/Group: Chain/Association: MID#: __ MCC Code:
MERCHANT TRANSACTION PROCESSING AGREEMENT — MERCHANT APPLICATION
201310 Merchant Application SBS Pass Through Exhibit A
Business Legal Name(must match name on tax return): Business D/B/A
("MERCHANT") United City of'Yorkville-
Location Street Address:(No P.O.Boxes) City: State:
T60560 800 Game Farm Road Yorkville IL
Contact Name: Phone: Fax: Email:
Rob Fredrickson (630)553-8534 1 (630)553-7575 rfredrickson a yorkville.il.us
Mailing/Billing Address:(If different from Location) City State: Zip: Phone:
BUSINESS PROU ILE AND ASS(Alill IONS
4 of Locations. Fed,Tax ID: Annual Visa/MasterCard/Discover Location Volume($): Business Open Date:
2 Volume($): 480,000.00
Average Ticket($): Highest Ticket($): Avg.monthly Vol.($): Length of Ownership: Visa/MasterCard/Discover ❑Yes
200.00 9.000.00 40.000.00 Yr Mo Currently Accepted`? E3 No
#of Employees: Ownership Type: %of Goods/Services Cash and Carry: 100
hype of Business Pricing Method: Type of Goods/Services sold:(Please include a copy of your ratan refund policy)
Previous Processor:(Please Include copy of statements) Business Website:www.yorkville.il.us
Card Present 80 + Card Not Present 20 %=TOTAL: 100% Sales to:Consumer 90+Business 5 %=TOTAL: 100%
If CN P Choose one: Card Swipe 80 %+Imprint 0 %= TOTAL Card Present%
Application Type: Add].Location LOC/Old MID: Dun&Bradstreet#: (If available) Have you or your business ever declared
bankruptcy? ❑Yes ® No
Do you use any third party fulfillment houses? ❑ Yes ❑ No Do you work with an third parties or sofhvare vendors who have access to
If Yes,please provide a contact list of all third party fulfillment houses. cardholder data? ]Yes ❑ No
If\es,please provide a contact list of all third parties and software vendors who
have access to cardholder data.
When is cardholder billed for goods/services? ❑On Order ❑On Shipment Average number of days between order and shipment'?
Expected date of first transaction'? Do you operate as a Seasonal Merchant? ❑ Yes ❑ No
If seasonal,indicate operating months: ❑Jan ❑Feb ❑Mar ❑Apr ❑May ❑.tun ❑Jul ❑Aug ❑Sep ❑Oct ❑Nov ❑Dec
Bank Reference Name: Contact: Phone: Account Number:
Castle Bank Sue Bill (815)754-5013
Trade/Supplier I Name: Contact: Phone: Account Number:
Trade/Supplier 2 Name: Contact: Phone: Account Number
MEMBER BANK(ACQUIRER) IMPORTANT MEMBER BANK(ACQUIRER)RESPONSIBILITIES) IMPORTANT MERCHANT RESPONSIBILITIES
INFORMATION
1. A Visa Member is the only entity approved to extend acceptance of 1. Ensure compliance with cardholder data security and
First National Bank of Ontaha Visa products directly to a Merchant storage requirements.
1620 Dodge Street 2, A Visa Member is responsible for educating Merchants on pertinent 2. Maintain fraud and chargebacks below thresholds.
Omaha,NE 68197 Visa Operating Regulations with which Merchants must comply 3. Review and understand the terms of the Merchant
800-853-9586 3. The Visa Member is responsible for and must provide settlement Agreement.
funds to the Merchant 4 Comply with Visa Operating Regulations.
4. The Visa Member is responsible for all funds held in reserve that are
derived from settlement.
The responsibilities listed above do not supersede the terns of the Merchant Agreement and are provided to ensure the Merchant understands some important
obl igations of each party and that the Visa Member(Acquirer)is the ultimate authority should the Merchant have any problems.
Merchant Name: Authorized Signature'.
X
Address: 800 Game Farm Road Print Name:
60560 Rob Fredrickson,Finance Director
Yorkville IL
TSYS Merchant Solutions,LLC is a registered agent of First National Bank of Omaha,1620 Dodge Street,Omaha,NE 68197 800-853-9586
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201310 Merchant Application SBS Pass Through CONFIDENTIAL
VISA/MC/DISCOVER
Pass through pricing: 0.600 % DISCOUNT on SALES+ $ 0.2000 per item on gross items(SALES plus Credits)
Visa Rewards,Visa Signature,Visa Premium,MasterCard World,MasterCard Enhanced,MasterCard Premium and Discover Premium cards will be assessed an
additional to the applicable rate tier.Please review the Rate Descriptions online at ww%v.tsystransactionsummary,corn or contact TMS at 800.228.2443
for additional information on which interchange programs qualify.
Merchant Setup $ 250.00 per MID Authorizations $ 0.1500 per V/MC/Disc/OnePoint Auth
"or"
Monthly Maintenance $ 30.00 per MID Excessive Electronic $ per V/MC/Disc Auth over 100%
Authorizations of SALES&per OnePoint Auth
Minimum Discount Billing $ per month/MID Non V/MC/Disc/OnePoint Authorizations $ 0.3500 each
Chargebacks $ 15.00 each Voice Authorizations $ 1.0000 each
Retrievals $ 15.00 each Voice AVS $ each
Batch Capture $ each Paper Statement ❑Yes [2]No $9.95 per month/MID
Insufficient Funds Fee $35 per unsuccessful debit of Wireless Monthly $ per device
DESIGNATED Account Wireless Set Up $ per device
OTHER $ Annual Seasonal $ per MID
OTHER $ Regulatory and Compliance $ per month/MID
ATM/DEBIT ❑Yes ❑No PCI VALIDATION
Setup$ per MID PCI Validation$ per year/MID OR $ per month/M ID
Transactions S each PCI Non-validation:$ per month/MID if MERCHANT is not validated for compliance with
Monthly per MID$ TMS's vendor,beginning 75 days after signing.
Network Fees Pass thru
Card Compromise Assistance Plan(CLAP)
CLAP Fee(PCI Validated):$ per month/MID,if MERCHANT is validated for PCI Compliance with TMS's vendor.
CCAP Fee(PCI Non-Validated):$ per month/MID,if MERCHANT is not validated for PCI Compliance with TMS's vendor,beginning 75 days after
signing.This program is not being offered by Bank.Bank has no responsibility or liability under this program.
Account Closure Fee: If the AGREEMENT is terminated early during the INITIAL,TERM or any RENEWAL TERM for any reason other than set out in para-
graph 5.1,5.2A,or 5.2.13,then MERCHANT agrees to pay TMS an account closure fee("ACCOUNT CLOSURE FEE")in accordance with the following: $399
per MID during the first 12 months of the INITIAL TERM;$299 per MID during the second 12 months of the INITIAL TERM;$199 per MID during the third
12 months of the INITIAL TERM:$149 per MID during any RENEWAL TERM.MERCHANT agrees that the ACCOUNT CLOSURE FEE shall also be due to
TMS in accordance with this schedule if MERCHANT discontinues submitting SALES for processing during the INITIAL.TERM or any RENEWAL TERM of
the AGREEMENT.MERCHANT agrees that this fee is a not a penalty,but rather a reasonable estimation of the actual damages TMS would suffer if TMS were
to fail to receive the processing business for the then current term. Paragraph references and capitalized terms not defined in this paragraph are defined in the
attached Terms and Conditions.Pursuant to Section 4.1 of the Terms and Conditions the INITIAL TERM shall be for 3 years.
TMS EQUIP'!MNT/SOFTWARE'
Brand/Model Vx510 LE Brand/Model Vx510 LE Brand/Model Vx510 LE
Equipment Option Equipment Option Equipment Option
Fee$ Quantity_Total$ 0,00 Fee$ Quantity_Total$ 0.00 Fee$ Quantity_Total$ 0,00
Payment Option Payment Option Payment Option
Software Vendor NBS PayF�use Payment Application Version
ASSOCIATION FE,ES
Visa Zero Floor Limit: MasterCard Kilobyte: Visa Base 11:
$0.1039 per transaction without corresponding authorization $0.0014 per MasterCard gross transaction $0.0023 per Visa transaction
MC Acquirer License Fee:0.0075%of gross MC SALES dollar volume
The following fees will be passed through at Association's rate:Interchange,Assessments,MasterCard Network Access Brand Usage Fee,Visa Exception
Item Fee.Visa Network Acquirer Processing Fee,Visa International Acquirer Fee(including High Risk),Visa Partial Authorization Non-participation Fee,Dis-
cover International Processing Fee,Discover International Service Fee,Discover Data Usage Fee,MasterCard AVS Card Present Fee,MasterCard Account Sta-
tus Fee,MasterCard AVS Card Not Present Fee,Visa International Service(including cash advance),Visa Misuse,MasterCard Cross Border(US/Non-US/Puerto
Rico),MasterCard Processing Integrity,Visa Debit Transaction Integrity,Visa Fixed Acquirer Network Fee, Discover Network Authorization Fee,MasterCard
CVC2"fransaction Fee,All Other Applicable Association Fees.
FUNDS TRANSFER
ht accordance with the terms set out in the Terms and Conditions,transfer funds will be made to/from the account set forth in the enclosed voided check or bank
letter ❑Standard ❑1 Premium ❑DDA
TSYS Merchant Solutions,LLC is a registered agent of First National Bank ofOmaha, 1620 Dodge Street,Omaha,NE 68197 800-853-9586
Merchant Initials: X
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201310 Merchant Application SBS Pass Through CONFIDENTIAL
ANIERICAN EXPRESS
❑ Existing American Express ESA ESA SE Merchant CAP
® New American Express One Point Discount % ❑ New American Express ESA Discount % ❑ Monthly Flat (ESA)$
Merchant Name Annual American Express Charge Vol $ Avg Ticket $
Retail:+ $0.10 Trans Fee ❑ Restaurant:+$0.05 TYan Fee ❑ ❑Daily Net Pay—ESA only ❑Daily Gross Pay—ESA only
Retail,Restaurant,Travel Agencies&Tour Operators: ❑ ❑Monthly Gross Pay(+.03%if$100K+)-ESA only
0.30%CN P Downgrade
1326,Travel Agencies/Tour Operators&Services, ❑ Payment Timing-ESA Only: ❑3 Day ❑15 Day ❑30 Day
Wholesale&All Other. + $0.15 Trans Fee
Inbound Fee:0.40%on Cross Border Transactions* Prepaid Gift Card Discount: % + $ per transaction
*Not applicable to Education
By signing the Merchant Transaction Processing Agreement with BANK and TMS,I represent that I have read and am authorized to sign and submit this
application agreeing to be bound by the American Express"Card Acceptance Agreement("American Express Agreement"),and that all information provided
herein is true,complete,and accurate.I authorize TSYS Merchant Solutions,LLC.and its agents,assigns or affiliates(collectively"TMS")and American Express
Travel Related Services Company,Inc.("AXP')and AXP's agents and Affiliates to verify the information in this application and receive and exchange
information about me personally,including by requesting reports from consumer reporting agencies from time to time,and disclose such information to their
agent,subcontractors,Affiliates and other parties for any purpose pennitted by law. I authorize and direct TMS and AXP and AXP's agents and Affiliates to
inform me directly,or inform MERCHANT,of reports about me that they have requested from consumer reporting agencies.Such information will include the
name and address of the agency furnishing the report.I also authorize AXP to use the reports on me from consumer reporting agencies for marketing and
administrative purposes.I am able to read and understand the English language. Please read the American Express Privacy Statement at
http://%vww.americanexpress.com/privacy to learn more about how American Express protects your privacy and how American Express uses your information.I
understand that I may opt out of marketing coin inunications by visiting this website or contacting American Express at 1-(800)-528-5200.1 understand that upon
AXP's approval of the application,the MERCHANT agrees to abide by the American Express Agreement and will be sent materials welcoming it,either to
AXP's program for TMS to perform services for AXP or to AXP's standard Card acceptance program which has different servicing terns(e.g.different speeds of
pay). I understand that if MERCHANT does not quality for TMS's servicing program that the entity may be enrolled in AXP's standard Card acceptance program,
and MERCHANT may terminate the American Express Agreement.By accepting the American Express Card for the purchase of goods and/or services,or
otherwise indicating its intention to be bound,MERCHANT agrees to be bound by the American Express Agreement.I understand that TMS and BANK are not
parties to the American Express Agreement.
THIS general.absolute,and unconditional continuing Guaranty("GUARANTY")by the undersigned(collectively"GUARANTOR'`or"my"or"1"or"ine"),is
for the benefit of TSYS Merchant Solutions,LLC and/or First National Bank of Omaha("Collectively TMS"). For value received,and in consideration of the
mutual undertakings contained in the Merchant Transaction Processing Agreement and allied agreements("AGREEMENT')between TMS and
(°MERCFIANT")as set forth below,I absolutely and unconditionally guarantee the full performance ofall MERCHANT's obligations to TMS,together with all
costs,expenses,and attorneys'fees incurred by TMS in connection with any actions,inactions,or defaults of MERCHANT. I waive any right to require TMS to
proceed against other entities or MERCHANT. There are no conditions attached to the enforcement of this GUARANTY. I authorize TMS,its agents or assigns
to make from time to time any personal credit or other inquiries and agree to provide,at TMS's request,financial statements and/or tax returns. I agree that this
GUARANTY shall be governed and construed in accordance with the laws of the state of Nebraska,and that the courts of the state of Nebraska shall have and be
vested with personal jurisdiction over me. This is a continuing GUARANTY and shall remain in effect until one hundred eighty(180)days after receipt by TMS
of written notice by me terminating or modifying the same. The termination of the AGREEMENT or GUARANTY shall not release me from liability with re-
spect to any obligations incurred before the effective date of termination. No termination of this GUARANTY shall be effected by any change in my legal status
or any change in the relationship between MERCHANT and me. This GUARANTY shall bind and inure to the benefit of the personal representatives,heirs,
administrators,successors and assigns of GUARANTOR and TMS.
PERSONAL GUARANTOR:(Signature-No Titles) Print Name:(No Titles)
MERCHANT:(Business Legal Name) Social Security Number:
Home Address: Home Phone: Work Phone:
By their execution below the undersigned parties agree to abide by the Merchant Transaction Processing Agreement(the"AGREEMENT"). The AGREEMENT
consists of the Merchant Application and the Terms and Conditions(a separate attachment hereto),and MERCHANT acknowledges it has received and read the
Terns and Conditions at the time of signing. MERCHANT warrants that the information provided on the Merchant Application is complete and accurate. MER-
CHANT authorizes TMS and/or BANK to provide a copy of this Merchant Application to any third patty for the services requested. MERCHANT,and its signing
officer/owner/partner,authorize TMS and/or BANK,or its agents or assigns,to make from time to tune,any business and personal credit and other inquiries. If
applicable,MERCHANT agrees by its signature below to the Equipment Agreement and/or the Card Compromise Assistance Plan Agreement.In witness whereof
the parties hereto have caused this AGREEMENT to be executed by their duly authorized representatives effective on the date signed or approved by BANK.
Principal's Name(Please Print): Rob Fredrickson Title: Fin Dir
Equity Ownership(%) Home Phone No: Date of Birth: Principal's Soc Sec No:
Principal's Home Address: City: State: Zip:
MERCHANT(PRINCIPAL/OFFICER/OWNER) Name(Please Print): Title: Date:
Signature:X Rob Fredrickson Finance Director
TSYS Merchant Solutions,LLC Name: Title: Date:
("'I'MS")Signature:
First National Bank of Omaha Name: Title: Date:
("BANK") Signature:
TSYS Merchant Solutions,LLC is a registered agent of First National Bank of Omaha,1620 Dodge Street,Omaha,NE 68197 800-853-9586
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201310 Merchant Application SBS Pass Through CONFIDENTIAL
Sales Professional Verification
By the signature below,the Sales Professional verifies that that the information stated in this Agreement is correct to the best of his/her knowledge and is as represented
to him/her by MERCHANT.
Sales Professional Signature: Sales Professional Name Printed:
Sales Organization. Application Date: Physical Site Inspection Conducted By Sales
TSYS Merchant Solutions Professional []Yes ❑ No
Note:MERCHANT may only opt out if MERCHANT validates PC]Compliance with TMS vendor within 75 days of signing.If at any time MERCHANT is not vali-
dated for compliance,MERCHANT will be automatically enrolled in CCAP until such time that MERCHANT restores validation,at which point MERCHANT will
again be opted out.MERCHANT declines to participate in the Card Compromise Assistance Plan("CCAP").MERCHANT understands that under the terms of the
AGREEMENT,MERCHANT is responsible for all expenses,fines,assessments,and penalties that arise in the event that a data breach is Suspected or occurs at one or
more of MERCHANT's locations.Further,MERCHANT understands and agrees that CCAP assistance will not be available to help pay any of the above mentioned
expenses,fines,assessments,or penalties in the event of a suspected or actual data breach at one or more of MERCHANT's locations.MERCHANT acknowledges that
despite opting out of CCAP,MERCHANT will still be assessed a PCI Validation Fee.This program is not being offered by BANK.BANK has no responsibility or
liability under this program.
Merchant Name: Authorized Signature:
X
Title: Date:
Please attach voided check here.
TSYS Merchant Solutions,LLC is a registered agent of First National Bank of Omaha, 1620 Dodge Street,Omaha,NE 68197 800-853-9586
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