Laserfiche WebLink
<br />I <br /> <br />I <br /> <br />1 <br /> <br />163. <br /> <br />AnDl~NDUM TO CARD PROCESSING AGRE:EMENT <br />BETWEEN <br />BANK OF' AMERICA, N.A. <br />AND <br />CITY OF' SAN MARCOS, TEXAS <br /> <br />This Addendum to BA Merchant Services, LLC Card Processing Ag<eement <br />("Addendum") amends the BA Merchant Services, LLC Card Processing Agreement <br />('Agreement") between City of San Marcos, Texas, ("you", "your" or "Merchant"), and <br />Bank of America, N.A. a national banking association and BA Merchant Services, LLC a <br />OhIO limited liability company ("we", "us", "our", or "Bank of America''). The words or' <br />phrases not otherwise defined herein will have the same meanings ascribed to them in the <br />Agreement. <br /> <br />1. The first sentence of Section 14 a) of the Agreement is hereby deleted in its <br />entirety and replaced with the following: <br /> <br />"a) Subject to the Texas Public Information Act, yon will treat this <br />Agreement, all ManualslInstructions and any other information provided <br />by us as confidential and will not disclose to any third parties the terms of <br />this Agreement, the provisions of the BA Merchant Services <br />Manuals/Instructions, any information received from Card Organizations, <br />or any other such information; provided, however, that thest~ restrictIOns <br />will not apply to information: (a) rightfully obtained by you on a non- <br />confidential basis from any entity or person other than us and our agents <br />and representatives, which entity or person was not subject to a duty of <br />confidentiality, (b) rightfully and independently known by you on a non- <br />confidential basis prior to its disclosure by us, or (c) generally available to <br />the public other than through any disclosure by or fault of you or your <br />agents or representatives." <br /> <br />2. The last sentence of Section 16 is hereby deleted in its entirety. <br /> <br />3. Section 17 a) is hereby amended by adding to the beginning thereof th~ <br />following: <br /> <br />"a) Funds for payment of this Agreement have been p:-ovlded through the <br />City budget approved by City Council for the current fiscal year only. <br />State statutes prohibit the obligation and expenditure of public funds <br />beyond the fiscal year for which a budget has been approved. However, <br />the cost of items or services covered by this contract is considered a <br />recurring requirement and is included as a standard and routine expense of <br />the City to be included in each proposed budget within the foreseeable <br />future. City Council expects this to be an integral part of future budgets to <br />