HomeMy WebLinkAboutResolution No. 89-08 CITY OF THE COLONY, TEXAS
RESOLUTio NO.
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CASH CALL
REPRESENTATIVE AGREEMENT WITH FUNDSNET, INC.
FOR THE PAYMENT OF FINES AND OR BONDS;ATTACHING THE APPROVED
FORM OF CONTRACT AS EXHIBIT "A"; AND--PROVIDING AN EFFECTIVE
DATE
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1. That the City Manager of the City of The
Colony, Texas is hereby authorized to execute on behalf of the
City a cash call representative agreement with FundsNet, Inc.,
making available to the holders of credit cards issued by banks
which are or become members of Visa, U.S.A., Inc., or MasterCard
International, Inc., the opportunity to purchase wire transfers
or available funds from Cash Call through the use of such credit
cards. (Agreement attached as Exhibit "A")
Section 2. This Resolution shall take effect immediately
from and after its passage by the City Council of the City of The
Colony, Texas.
DULY PASSED AND APPROVED by ~ City Council of the City of
The Colony, Texas, on this the / day of ~~~ , 1989.
APPROVED:
Don Amick, Mayor
ATTEST:
Patti A. Hicks, City Secretary
[SEAL]
APPROVED AS TO FORM:
John Boyle, City Attorney
Cash Call
RePresentative Agreement
THIS AGREEMENT ("Agreement") made in Englewood, New Jersey,
this ] ~ day of ~P~~ . by and between FundsNet,
Inc., at lB1 Inverness Drive West,' Englewood, Colorado, 80112 and
~f~-~ ~ -7-~ ~ ~. -~-~_~ ("Representative") with
its'~office at '
WHEREAS, FundsNet operates a nationwide data communications
network for use in the transmission and reception of money orders
and other communications and drafts on United States Currency;
WHEREAS, Representative desires to make available to the
holders of credit cards issued by banks which are or become
members of Visa, U.S.A., Inc. or MasterCard International,'Inc.,
the opportunity to purchase wire transfers for available funds
from Cash Call through the use of such credit cards;
NOW, THEREFORE, in consideration of the promises and the
mutual agreements hereinafter set forth, Representative and
FundsNet agree as follows:
I. ACCEPTANCE OF CARDS
Representative shall honor all Visa and MasterCard cards,
provided that all of the following conditions are met with
respect to each Cash Call transaction charged to a card.
1.1 The Card is valid and is presented to Representative
by the Cardholder of the Card Account. A Card is
valid only if it is presented on or sfter the "valid"
date, if any, and before the expiration date shown on
its' face.
1.2 The Card is used as payment for wire transfers for
available funds and services which may be sold by Cash
1.3 .Representative has obtained authorization for the
Transaction.
1.4 Representative has evidenced the transaction by s Cash
Call draft which contains the imprint of the bankcard
~ used in. the transaction.
1.5 The Cash Call draft will include at least the
following information: The name of the cardholder of
the Card used in the Transaction, the account number
indicated on the Card, the date of the Transaction,
the face amount of the wire transfer and applicable
service fees, and the authorization number obtained.
Customer Signature
The Cardholder of the Card must sign the Cash Call
Draft at the time of the transaction and in the
presence of representative. The signature on the
Cash Call Draft must read identically (including
initials~ spelling and title~ if any) and compare
favorably with the signature on the Card.
II. Authorization
If the authorization center approves the Transaction~ the
authorization center will issue.an authorization'code which
must be written or printed electronically on the Cash Call
Draft. If an Electronic Terminal is used, the
authorization number must be printed on the Cash Call
Draft. All instructions given by the authorization center
in connection with a transaction~ such as obtaining
identification from the cardholder~ must be followed.
If an authorization for a transaction is declined,
Representative shall not complete the transaction. Any
unauthorized transaction is ~ade with full recourse and
FundsNet may Charge Back the am~un~ of such transaction
accepted.
If the authorization center so instructs~ Representative
will retain a Card~ but only by reasonably peaceful means.
Representative need not retain a Card if the person
presenting it offers any resistance. Representative will
notify all sales personnel and sales agents of the
provisions of this paragraph.
III. COLLECTION PROCEDURES
Any sums collected by FundsNet with respect to Cash Call
Drafts previously charged back to Representative in
accordance with this agreement shall be so credited to
the Representative.
Representative will assist FundsNet with identification
of cardholders who attempt to use the system fraudulently
or who disclaim authorization or participation in the
transaction.
TERM
The length o£ this agreement shall be for a period of six
(6) months and will be automatically renewable for
additional one year periods unless canceled in writing by
either party.
Representative agrees upon termination of service by
either party to relinquish to FundsNet all equipment and
supplies furnished by FundsNet.
V. LIABILITY
FundsNet shall assume all liability for loss up to and
including the full face value cf any Cash Call Draft
resulting from a transaction initiated by a valid Cash
Call communique from ~undsNet or its' authorization
center. ~undsNet shall not be liable for consequential
damages.
~undsNet will be held harmless from any damages arising
from the acts of any of the Representative's employees
or agents in.connection with the Representative's
utilization of FundsNet funds transfer program.
Nothing herein contained shall constitute Representative
or its' employees as an agent of FundsNet. Representative
is only authorized to act on behalf cf FundsNet as
directed in the communication received from FundsNet.
VI. GOVERNING LAW~
This agreement shall be construed and interpreted by the
laws cf the state of Texas.
~ODI~ICATIONS
No mcdification~ recision~ or waiver of any provision or
term of the agreement shall be effective unless in writing
and signed by the party to be charged thereafter.
· VIII. NOTICES
Any notices under this Agreement shall be made.by
certified mail, return receipt requested and be
addressed:
to Representative at: to FundsNet:
.-/7-~E (_i~ o~/, 7 ~. VSO~ P 0 Box 210128
Dallas, TX 75211
Attn: Doug Wise
CashCall Government Svcs.
IX. CONFIDENTIALITY OF CARDHOLDER INFORMATION
Representative shall not, without the Cardholder's
consent, sell, purchase, provide, or exchange Card
account number information in the form of imprinted
Cash Call Drafts, carbon copies of imprinted Cash
Call Drafts, mailing lists, tapes,' or other media
obtained by reason of a Card disclosed to third party
other than to Cash Call agents for the purpose of
assisting Cash Call in completing a transaction or
as specifically required or other personal information
obtained without the prior written consent of the
Cardholder on a document other than a Cash Call Draft
or Credit.
X. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties
hereto, their successors and assigns.
XI. SECTION HEADINGS
The section headings contained in this Agreement are for
convenience reference only, and shall not in any way
affect the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the date first above written.
Date Title Date