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Resolution No. 5058 . . , *'~ . . , J 1 2 3 4 5 6 RESOLUTION NO. 5058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A CORPORATE CHARGE CARD AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND FIRST INTERSTATE BANK OF CALIFORNIA FOR ISSUANCE OF A CHARGE CARD 7 WHEREAS, the City of Vernon wishes to contract with 8 First Interstate Bank of California for the purpose of obtaining 9 a charge card with a maximum limit of Two Thousand Dollars 10 ($2,000) for use by the City Administrator to pay for reasonable 11 and necessary expenses; and 12 WHEREAS, the City Council of the City of Vernon has 13 determined that it is in the best interests of the City of Vernon 14 to enter into such an agreement. 15 NOW, THEREFORE, BE IT RESOLVED BY ~HE CITY COUNCIL OF 16 THE CITY OF VERNON AS FOLLOWS: 17 SECTION 1: That the City Council of the City of Vernon 18 hereby determines that the recitals contained hereinabove are 19 true and correct. 20 SECTION 2: That the City Council of the City of Vernon 21 hereby approves the Agreement by and between the City of Vernon 22 and First Interstate Bank of California for the issuance of a 23 charge card with a maximum limit of Two Thousand Dollars ($2,000), 24 a copy of which has been presented to the City Council con- 25 currently with this Resolution, and the City Council hereby 26 orders said Agreement to be received and filed by the City Clerk. 27 SECTION 3: That the City Council of the City of Vernon 28 hereby authorizes the Mayor and the City Clerk to execute said ~ . 1 Agreement for, and on behalf of, the City of Vernon. 2 SECTION 4: That the City Clerk of the City of Vernon 3 shall certify to the passage of this Resolution and thereupon 4 and thereafter the same shall be in full force and effect. 5 APPROVED AND ADOPTED this 1st day of November, 1983. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: &4~~~ BRUCE V. MALKENHORST, City Clerk -2- ~,~ .. . ~_. "... " . 1 STATE OF CALIFORNIA ) ) ss. 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 5058 , was duly adopted by the City Council of 7 the City of Vernon, and was approved by the Mayor of said City 8 at a regular meeting of the City Council held on Tuesday, November 1 , 19 83 9 10 11 12 13 14 (SEAL) 6~~ BRUCE v. }~LKENHORST, City Clerk 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 -3- 1 F~ F~ F,j;3,nrp~~, CORPORATE CHARGE CARD AGREEMENT Name of Corporation: City of Vernon Address: 4305 Sant2 Fe Ave„ Vernon, Ca. 90058 Telephone Number: !213) SR3-8811 CORPORATE RESOLUTION "RESOLVED: The (insert corporate title only) Ma or ' or any (insert corporate title only) or City Administrator City Clerk together with [he'(insert corporate title only) or the (insert corporate title ony) of this corporation are authorized on behalf of this corporation to: - -enter into charge card agreements with First Interstate Bank of California ("bank"), -designate who may receive Bank charge cards on behalf of this corporation, -execute and deliver collateral and security agreements to Bank securing the charge card accounts, -otherwise hind this corporation with respect to its charge card accounts with Bank, and -make this corporation jointly andlor severally liable with others for the use of its cards, from time to time, with or without the corporation's seal, and upon such terms and conditions as may seem advisable to such officer(s). Theauthorirygiven hythis resolutionis retroactive.Any act authorizedandanyobligation assumedorincumed bytheabove-namedofficer(s) prior to the passage of this resolution are hereby approved and ratified. This resolution shall remain in effect until writtennotice of its revocation, cenified by the Secretary or the (litle)Ci N A ini ra pr is delivered to Bank at its Vernon office. NOrevacation shall havean affect on obligations outstanding onthe date of revocation or incurred before all charge cards are returnetl to the Bank at the above-described office': 'Delete the words "together with the"'rf only one signature is required. Please initial the deletion. CERTIFICATION We certify that: [L~ I . -we are the ~retary ~t~i~tii~lE~ Mayor and the City Clerk of the above-mentioned Corporation; -the foregoing resolution is a completeand accurate copy of a resolution duly adopted by the Corporation's Board of Directors at its regularly scheduled meetirg on November 1 ~ ,198 8 j - no further action or authorization is required to make the foregoing resolution effective; and -the resolution is raw in full force and has not been revoked or changed in any way. - . rx.:- 1 rr/G.~- Mayor Signet e_ Leonis C. Pfa /ur Ttle / ~~/G~ City Administrator/City Clerk - ignature Eruce V, Malkenhorst Title CHARGE CARD AGREEMENT This Agreement sets forth the terms for each Corporate charge card issued by First Interstate Bank. Each charge card represents a separate account 1. PARTIES. In this Agreement the wprds'you"and'youV' mean the Corporation and anyone authorized to use the corporate charge card account. The words'We; "our' and "us" mean Frsf Interstate Bank of California. 2. YOUR RESPONSIBILITY.The Corporation agrees to be liaWeforthe use of yourcardand all charges tothisawount,includingcharges in excess of your credit limit. . 3. CREDIT LIMILYou agree not to exceed the cretlit limit we set foryouraccount.Thelimit issetforth on the face ofthecard carrierand can _ be found on your monthly statement 4. USING YOUR ACCOUNT. PURCHASES. You can use your card and account to pay for goods and services a[ participating MasterCardslVisaE mercFlants. CASHADVANCES.If yourchargacerds are used tocbtain cashfromaparticipafing MasterCard/Visafinancialinstitutionorfrom yourcharge card account at a Day & Night Teller,®the transacton will be considered a Cash Advance. S. PROMISE TO PAYYou promiseto payforallcharges,advances,finaricecharges andfeeswhichyou, anyofyou,orany authorized person incurs on your accoum. Once you accept your card, you also agree to be responsible for charges (A) incurred by persons who have actual, implied or apparent authority to use your card or (B) from which any of you receives abenefit. 6. STATEMENTS. We will send you statements which show yourprevious balance,accountaaivitg finance charges, ending balance, the minimum payment due and the payment due date (which is approximately 25 days from the date of the statement). - 7.PAYMENTS.If you elect to payonlyaportion of the amount owing on youraccount each month, you agree to pay at least the"Minimum Due"shown on your statement bythe"Payment DUe Date"The Minimum DUewill be 3%of the New Balanceor$15 (whichever is greater), plus past due amcun[s and the amount by which your New Balance exceeds your credit limit. A New Balance of $15 or less is payable in full. Ifwe do rat receive the Minimum Due by the Payment Due Date, we will charge your acccun[a late fee of 5°/o of the amcuM past tlue, with a minimum of $3 and a maximum of $5 for the billing pedod. - If your account is not in default (s.g., late, over limit orterminated)cnd we notify you that you can skip a payment for a particular month, you donor have to pay us the Minimum Due by the Payment Due Date. If you choose to skip the month's payment, finance charges will accrue on your account (as described below), but no late fee will be assessed. You must resume paying the Minimum Due by the Payment Due Dates shown on subsequent billing statements, however, We can accept late payments and partial payments marked "Payment in Full"without lasing our rights underthis Agreement, including the - right to obtain full payment of the amount owed to us. Payments received at or before 2:00 p.m. at the address specified on your statement will beaedited asof the date of receipt. Payments made at other locations maynot be credited for upto5days. Payments will be applied to youraccount inthefollowing order: (1) late charges, (2) finance charges and (3) in the orderof their entry to the acceun6 purchases,advances and othercharges. 8. FINANCE CHARGES. NOfinancecharge will beimposed on youraccountforthe period covered hyyourstatement"rf: (l)ure receive payment of the entire amount outstanding (less credits posted) for the preceding billing cycle on or before the Paymern Due Date shown on your last statement;and(2)nc new rashaloan advancesare postedayouraccountduringthe period covered.bythecurrent statement.lf ekher of these conditions is not met, finance charges will be imposed on your account 9. HOW FINANCE CHARGES ARE CALCULATED. Finance charges are imposed on purchases, cash advances, loan advances and - othercharges to your account as of the date they are posted to the account. The finance charge on your account for each billing cycle includes (A) "periodic finance chargesand (8) "transaction finance charges:' - A. We calculate "periodic financecharges" by multiplying the average daily balance of your account forthe billing cycle by amonthly periodic rate. We do this in three steps: (1) In order to determine the outstanding balance in your acceunt for each day of the billing cycle we (a) s[ad wdh the days beginning balance(the previous days ending balance),(b)add new purchases, cash advances, loan advances and other charges pasted to your account that day(c)subtract payments and credits posted that day,and(d)exclude all unpaid finance charges and late charges. This gives us the day's ' outstanding balance. " (2)Wethen add up Nedailyoutstanding balarxxs foreachdayofthebilling cyGe anddivide the totalbytfrenumberof daysinthebilling cycle.Thisgives us the "average daily balance'forthe billing cycle.lf (a)we receive paymemof the entireoutstanding balance (less credits pasted) from the preceding billing cycle on or before its Payment Due Date, but (b) new Cash or Loan Advances are posted to your account during the billing cycle, the average daily balance will include only the average daily balance of the amounts of the new Cash and Loan Advances. (3) We then multiply the "average daily balance" by a monthly periodic rate of t A4b (which corresponds to an ANNUAL PERCENTAGE RATE of 21%)roobtainthe penodicfinancecharge for the billing cycle.There will beaminimum pariodicfinancecnarge of $1 for any cycle in which there is a balance subject to finance charges. B. We calculate'lransadionftnance charges" in the folowing manner. (1)We charge youraccount 2°Po Of the amount advanced on each Cash Advance madedunng the billing cycle.Theminimumcharge for each advance is $1. (2)We charge youraccount2%of iheamount advanced on each Loan Advance made during the billing cycle.The minimum charge .for each advance is $1. (3)We addthetransadion chargesfor new Cash and Loan Advarxx:stogethertocbtain thatransactionfinarxrechargesforthe billing cycle. By adding together the "periodic finance charge" and the "transaction finance charges; we arrive at the total Finance Charge for the billing cycle.. 10. OTHER CHARGES.' A. ANNUAL FEE. Each year, on March 1, wa will charge a nonrefundable fee of $20 to your account (Note' if 20 other acrounls were opened prior to this account by the corporation and remain open, a fee will not be imposed on this account). If your acrounris closed for any reason during the year, we will not refund any part of the fee. It [his is a new account, we will prorate the fee and charge it ro your acccun[ as of the date it is opened. B. COPIES. If you ask us for a copy of any document, we may charge your account $10 per hour For the time it takes us to locate, copy and get it to you. There is a minimum charged 55 per copy for each sales draft. It your request is related to a billing error and an error is found, we will reverse any copying charges to your account. C. REPLACEMENT CARD. If you lase your card, we may charge your account $10 for a replacement card. _ D. RETURNED CHECKS. Youreccount may be charged $9'rf you pay us with a check that is dishonored for any reason. E. OVERLIMIT CHARGE. If the outstanding daily balance ofyour account exceeds your established credit limit, we may charge your account $10. F. COLL€CTION FEES.Ifyou fail to comply with this Agreement, you promise to payourcollection costs and reasonableattomeys lees in enforcing this Agreement - 11. SECURITY INTEREST.Wewill retainapurchasemoneysecuntyimerestinpersonal property purchased with yourrard. Collateralsewnng otherloanswithusmayalsosecurathis loan.YOUraccountwill not besecured byreal properryor yourpnncipaldwelling, however,notwithstanding any agreement you may have with us to the contrary. 12. CREDIT INFORMATION.YOU authorize us to releaseinfortnationtoothers,such as credit bureaus andotherfinancialinstitulions,regarding the status and history of your account. 13. FINANCIAL STATEMENTS. Each of you agrees ro give us a current financial statement ornew credit application upon request. 14. CALIFORNIA LAW YOUr account will begovarned by the laws of California even if the card is used outsitle Califomia.The terms of this Agreement supersede any terms set forth on a sales slip or cash advance document 15. ADDRESS CHANGE. You agree to notify us of any change in your address. The notice must be sent to us at the address set forth on - your statement. Notices sent elsewhere (e.g., your branch of account) may not reach us. 16. CARD. The charge card is our property. You must return it to us upon request. 17. FOREIGN TRANSACTIONS.You agree to pay us in U.S.dollarsfor charges youincurin any other currency Foreign transadionswill be. converted to U.S.dollars bythe Merchantbankorforeign financial institu[ion. Since currency conversion may occurafterthedate oftransadion, _ - the comersiort rete may be different from the rate in effect at the time of the transaction. You agree to pay us the converted amount as welF as any conversion charges that may be imposed. 18. WAIVERS. We may delay enforcing your rights under this Agreement without losing them. A waiver of any right by us shall - not be deemed to be a waiver of other rights or of the same right at another time. ' - 19.AMENDMENT. We can amend this Agreement from timeto time by sendinganotice or an amended agreement toany of you at the last address indicated on our records for this account. Unless we state otherwise, balances existing on the effective dateof anyamendment will be subject to the terms of [ha amended agreement. 20. TERMINATION. We may terminate or suspend your account and/or the use of your cards without prior notice, if: - - - - - (a) any of you fails to comply with the terms of any agreement with us; (b) another creditor tries through legal process to take any money or property of yours in our possession; (c) we have evidence or a reasonable belief that you are unable or unwilling a repay obligations incurred under this Agreement; (d) we have evidence or a reasonable belief that an unauthorized use of the card or account may be made; (e) any of you requests that we do so [Note: the corporation will remain liable to us for the use of the card and/or the account by any aF you until the card is returned to us and the balance is paid in full]; (f) any of you dies, becomes bankrupt or insolvent; or (g) we polity you in advance. We may declare your obligations immediately due and payable, wRhout prior notice, in theevent of(a), (b), (c)or(f)above. if youraccount _ is terminated, you must immediately return your card and Supercharger checks to us. 21.DAY&NIGHT TELLER.Day&NightTeller use is not currently available for businessaceounts.In the event welater give youaPersonal . Identification Number(PINJ to access your account al Day&Night Tellers, you agree not to disclose your PlN to others. You also agree that we may terminate or suspend your use of Day & Night Tellers with respect to this account without cause or prior notice. YOUR BILLING RIGHTS. HOW TO NOTIFY US IN CASE-0F ERRORS OR QUESTIONS ABDUTYOUR BILL. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet of paper at Firstlnterstate Bancard Company,CustomerService DepartmeM(393), P.O.BoxTI60.Van NUys,California91409.Wdte [o usassoonas possible. ' We musthearfrom younolazerthan(i0 days atterwe santyou thefirstbill on whichthe errororproblem appeared.You cantelephone us,but doing sowill not preserve your rights. In your letter, give us the following information: -Your name and account number -The dWlar amount of ihesuspeded error - -Describe the error and explain why you believe there is an error. If you need more information, describe the item you are not sure about. - If you have authorized us to pay yourcredit card bill automaticallyfrom your savings orchecking account, you can stop the paymenton any amountyou thinkiswrong.Tostopthe payment yourlettarmust reach usthree business days before[heauromatic paymentis scheduledrooccur. YOUR RIGHTS AND OUfl RESPONSIBILITIES AFTER WE RECEIVE YOUR WRfTTEN NOTICE. Wemust acknowledgeyourletter wi[hin30 days unless wehavecorreded the error by then. Within 90days, we must edhercortec[ihe error.. - - or explain why we believe the bill was tortes. After we receive your letteywe cannottry to collect anyamount you question, or report you as delinquent.Wecan continue to bill you for the amount you question, including finance charges, and we can appy any unpaid amount against your credit limit. You do not have to pay any questioned amountvMile we are investigating, but youere still obligated to pay the parts of your bill That are rat in question If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. H we didn't make a mistake, you may have to pay finance charges and you will have to make up any missed payments on the questioned amount. In either case, we will send youastatemem of the amoum you owe and the date that it is due. Ifyou fail to paythe amountthatwethinkyou owe, we may reportyou as delinquent.However, if ourezplanazion does not satisty you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to, that you have a question about your bill. And, we must tell you the name of anyone wereported youro.We must tell anyonewe reportyou to,that the matter has beensettled behvcenuswhenit finally is. ' If we don't follow these rules, we can't rolled [he first $50 of the questioned amount, even if your bill was cored. SPECIAL RULE FOR CREDIT CARD PURCHASES. If you haveaproblem with[he qualityof property or servicasihat you purchased withacredit card, and you have tried in good faith to correct the problemwith the merchant, you may have the right notropaythe remaining amauntdue onthe propertyorservices.There aretwolimitations on this right: (a)You musthave madethepurchaseinyourhomesfateor,, ifnotwithinyourhomes[ate,within100milesofyourcurrent.mailing address; antl - (b) The purchase price must have beedmore than $.50: Jrrterstate . B217CO1"p CORPORATE CHARGE CARD EEMENT p . G,~j O t v~Z l~~ `t ~ S'~ Lto ~bZS 3181 Name of Corporation: Address: 4305 Santa Ave. Vernon Ca. 90058 Telephone Number: C213) 583=8811 CORPORATE RESOLUTION. "RESOLVED: -.The (insert corporate title Doty) Mavor or any (insert corporate title only) together with the '(insert corporate title only) or the {insert corporate title only) of this corporation are authorized on tiehalf i -enter into cha e card ~ ~ t F rg agreements with First Interstate Bank of California ("Bank"), ! w l r ~p~rr.1 -designate who may receive Bank charge cards on behalf of this corporation, 2 ~S ~ Z -execute and deliver collateral and security agreements to Bank securing the charge card accounts, ~t S~ M -otherwise bind this corporation with respect to its charge card accounts with Bank, and ' _ -make this corporation jointly and/or severally liable with others for the use of its cards, from time to time, with pr without the corporation's seal, and upon such terms and conditions as may seem advisable to such officer(s). The authoritygiven bythis resolution is retroactive. Any act authorized and anyobligation assu med or incurted by the above named officer(s) prior to the passage of this resolution are hereby approved and ratified. This resolution shall remain in effect until written notice of its revocation, certified by the Secretary orthe (title) City Administrator is delivered to Bank atits Vernon office. Ne revocation shall have an affect on obligations outstanding on the date of revocation or incurted before all charge cards are returned to the Bank at the above-described office" 'Delete the words'Yogether with the" if only one signature is required. Please initial the deletion. CERTIFICATION We certify that: - we are the fsi~T~Mavcri' and rho f'i tq t'1 Prk of the above-mentioned Corporation; -the foregoing resolution is a complete and accurate copy of a resolution duly adopted by the Corporation's Board of Directors at its regularly scheduled meetingpn Nrnram}wr 1 , 1483 ,198_; - no further action or authorization is required to make the foregoing resolution effective; and -the resolution is now in full force and has not been revoked or changed in any way. - Mayor. 9na r --I.eOn~s >v. Mai . - Title _ Ci tv Arhrri n; ct-rarrw~f'i t-~ d erk Signature v'. Title - * ~ Bx'41ce V. ~ NTaI kanhnrst ji~3. 'Y CHARGE CARD AGREEMENT This Agreement sets'forth the terms for each Corporate charge card issued by First Interstate Bank. Each charge card represents a separate account. tPARTIES:lo-thisAgreemeritthewords'you'and'~ou~'meantheCgrporationandanyoneauthoriiedtousethec~ rr ~=.=rh;+.rrr-~r9 - account:The wprds:~ve;'ourand;"usSmean First Interstate Bank of CalAomia. - --2-Y9UR-RESp1,lNSI81LW':'fhaCorporation ag ee<tobe Gablflfor the useotyourcard andall chargesto th ~ account, including charges in excess of your credit limit. - 3. CREDIT LIM IT.Ybu agree not to exceed the credit limit we set for your account The limit is set forth on the face of the card carrier and can be found on your monthly statement 4: USING YOUR ACCOUNT. ..PURCHASES: You. can use your card and account to pay for goods and services at participating MasterCard®/Visa®merchants. CASH ADVANCES. If youi charge cards are used toobtain cash from a participating MasterCardMisa financial institution orfrom your charge card account at a Day & Nigh Teller,®thetransactiori will be considered a Cash Advance. 5.PROMISETOPAYYOUpromisetopayforallcharges,advances,financechargesandfeeswhichyou,anyofyou,oranyauthorizedperson incurs on your account Once you accept your card, you also agree to be responsible for charges (A) incurred by persons who have actual, implied or apparent authority to use your card or (B) from which any of you receives a benefit 6. STATEMENTS. Wewill send you statements which show your previous balance, account activity, finance charges, ending balance; the minimumpayment tlue and the payment due date (which is approximately 25days from the date of the statement). 7: PAV MENTS. If you elect to pay only a portion of the amount owing ooyour account each month, you agree to pay a[ least the"Minimum Due° shown on your statement bythe"Payment Dus Date"The Minimum Due will be 3% of the New Balance or $15 (whichever is greater), plus past due amounts and the amount by which your New Balance exceeds your credit limit. A New Balance of $15 orless is payable in full If we do not receive the Minimum Due bythe Payment Due Date, we will charge your account a late fee of 5%of the amount past due, with a minimum of $3 and a maximum of $5 for the billing period. If your account is not in default {e.g., late, over limit or terminated) and we notify you that you can skip a payment for a particular month, you do not have to'payus the Minimum Due by the. Paymem Due Date. If you choose to skip the month's payment, finance charges will axrue on your account (as described below), but no late fee will be assessed. You must resume paying the Minimum Due bY' the Payment aue D5t9s shown ori'subsequent billing statements, however, ' we can accept late payments and pa,tlal PaYfrtarrta Pnafkad "Payment In Fuli"1 without loslno out rtphta Winder th16 Aa3rtaemem, Utaludina dhe , /nt~rstat~ BanCOI"rJ CORPORATE CHARGE CARD AGREEMENT Name of Corporatiori Citt~_ ~~ra~,~ Address: 4345 Saittta Aue. , Fern©n, Ca. 9fl458 Telephone Number: C233}. 583-881T , CORPORATE RESOLUTION ,RESOLVED: ' , prate title only) Z~Qar The insert cor o or any (insert corporate title only) together with thee'{insert corporate title only) or the (insert corporate title only) csr Cit}* 4~irrinist:rat~r /t~;+n~r•~gy°~ of this corporation are authorized on behalf of this corporation to: ~J -..enter into charge card agreements with First Interstate Bank of California ("Banl~'), -designate who may receive Bahk charge cards on behalf of this corporation,. -execute and deliver collateral and security agreements to Bank securing the charge card accounts, -otherwise bind this corporation with respect to its charge card accounts with Bank, and -make this corporation jointly and/or severally liable with others for the use of its cards, from time to time, with or without the corporation's seal, and upon such terms and conditions as may seem advisable. to such officer(s). Theauthoritygiven bythisresolutionis retroaciiye.Any actauthorized and anyobligation assumed or incurred bythe above-named officer(s) priorto the passage of this resolution are hereby approved and ratified. This resolution shall remain in effect until written.. notice of its revocetion, certified by the Secretary or the (title) City Administrator is delivered to Barik at its S~exxlon office. No revocation shall have an affect on obligations outstanding on the date of revocation or incurred before all charge cards,are returned to the Bank at the above-described office': `Delete the words'Yogether with the"if only. one signature is required.. Please initial the deletion. _ . CERTIFICATION We certify that: - - we are th I~a~jtsY' tints C3..~ C of the above-mentioned Corporation; - he foregoing. resolution is a complete and accurate copy of a resolution duly adopted by the Corporation's Board of Directors at its regularly scheduled meeting on 1.,. 13$3 ,198_; - no further action or authorization is required to make the foregoing resolution effective; and -the resolution is now in full force and has not been revoked or changed in :any way. _ j _ _ gn~re IBS G. Title ~/~/'.~Pi'~~J/ C;7.$p d11.Stt~.'~C;l.'L~ Q.G~'xC Signature ~ ~ h~~fS'~ Title CHARGE CARD AGREEMENT This Agreement sets forth the terms for each Corporate charge card issued by First Interstate Bank. Each charge card represents a separate account; 1 `.=PARTIES. Irrthis Agreement the words"you'and "your" mean the Corporation and anyoneauthorized4o ose the corpdrate charge card - account.The words"we; "out' ahd "us"mean First Interstate Bankof California. 2. YOUR RESPONSIBILITY.The Corporation agreesto be liable forthe use of yourca~d and all charges tothis account, including charges ih excess of your credit limit. 3. CREDIT LIMIT. You agree not to exceed the cred it li mit we set for your account.The li mit is set forth on the face of the card carrier and can be found on your monthly statement. 4. USING YOUR ACCOUNT. PURCHASES. You can use your card and account to pay for goods arid services at participating MasterCardoAVisa~ merchants. CASH ADVANCES. If your charge cards are used to obtain cash from a participating MasterCardlVisafinancial institution orfrom your charge card account at a Day & Night Teller,®the transactien will be considered a Cash Advance. 5. PROMISE TO PAYYoupromisetopayforallcharges;advances,financechargesand#eeswhichyou,anyofyou,oranyauthorizedperson incurson your account. Once you accept your card, you also agree to be responsible for charges (A) incurred by persons who have actual, implied or apparent authority to use your card or (B) from which any of you receives a benefit. 6. STATEMENTS. We will send you statements which show your previous balance, account activity, finance charges, ending balance, the minimum payment due and the payment due date (which is approximately 25 days from the date of the statement). 7. PAYMENTS. If you elect to pay only a portion of the amount owing on your account each month, you agree to pay at least the"Minimum Due" shown on your statement by the "Payment Due Date"The Minimum Due will be 3% of the New Balance or $15 (whichever is greater), plus past due amounts and the amount by which your New Balance exceeds your credit limit. A New Balance of $15 or less is payable in full. If we do not receive the Minimum Due by the Payment Due Date, we wilPcharge your account a late fee of 5% df the amount past due, with a minimum of $3 and a maximum of $5 for the billing period. If your account is not in default (e.g., late, over limit or terminated) and we notify you that you can skip a payment for a particular month, you do not have to pay us the Minimum Due by the Payment Due Date. if you choose to skip the month's payment, finance charges will accrue on your account (as described below), but no late fee will be assessed. You must resume paying the Minimum Due by the Payment Due Dates (2) We then add up the dailyoutstanding balances for each day of the billing cycle and divide thefotal by the number of days in the billing cycle.Th is gives us the °average daily balance"for the billing cycle. If (a) we receive payment of the entire outstanding balance (less credits posted) from the preceding billing cycle on or before its Payment Due Date, but (b) new Cash or Loan Advances are posted to your account during the billing cycle, the average daily balance will include only the average daily balance of the amounts of the new Cash and Loan Advances. (3) We then multiply the "average daily balance" by a monthly periodic rate of 13/a% (which corresponds to an ANNUAL: PERCENTAGE RATE of 21%) to obtain the periodic finance charge for the billing cycle. There will be a minimum periodic finance cnazge of $1 for any cycle in which there is a balance subject to finance charges. B. We calculate'4rensaction finance charges" in the following manner. (1) We charge your account 2a/a of the amount advanced on each Cash Advance made du ring the billing cycle.The minimum charge for each advance is $1. (2) We charge your account2~/a of the amountadvanced oneach Loan Advance made during the billing cycle.The minimum charge for each advance is $1. (3) We add the transaction charges for new Cash and Loan Advances together to obtain the transaction finance charges for the billing cycle. By adding together the "periodic finahce charge" and the "transaction finance charges;' we arrive at the total Finance Charge for the billing cycle. . 10. OTHER CHARGES. A:ANNUAL FEE. Each year, on Mazch 1, we will charge a Nonrefundable fee of $20 to your account. (Note: if 20 other accounts were opened prior to this account by the corporation and remain open, a fee will not be imposed on this account). If your account is closed for any reason during the year, we will not refund any part of the fee. If this is a new account, we will prorate the fee and charge it to your account as of the date it is opened. B. COPIES. If you ask us for a copy of any document, we may charge your account $10 per hour for the time it takes us to locate„ copy and get it to you. There is a minimum charge of $5 per copy for each sales draft. If your request is related to a billing error and an error is found, we will reverse any copying charges to your account C. REPLACEMENT CARD. If you lose your card, we may charge your account $10 for a replacement card. D. RETURNED CHECKS. Your account may be charged $9 if you pay us with a check that is dishonored for any reason..- E. OVERLIMIT CHARGE. If the outstanding daily balance of your account exceeds your established credit limit, we may charge your account$10. F. COLLECTION FEES. If you fait to complywith this Agreement, you promise to pay ourcollection costs and reasonable attorneys fees in enforcing this Agreement. 11. SECURITY INTEREST: We will retain a purohase money security interest in personal property purchased with your card. Collateral securing other loans with us may alsosecurethis loan.Your aceount will not be secured by real property or your principal dwelling, however,notwithstanding any agreement you may have with us to the contrary. 12. CREDIT INFORMATION.You authorize us to release information toothers, such as credit bureaus ahd other financial instRutions, regarding the status and history of your account 13. FINANCIAL STATEMENTS. Each of you agrees to give us a current financial statement or new credit application upon request: 14. CALIFORNIA LAW Your account will be governed by the laws of California even if the card is used outside California. The terms of this Agreement supersede any terms set forth on a sales slip or cash advance document. 15. ADDRESS CHANGE. You agree to notify us of any change in youraddress. The notice must be sent to us at the address set forth on your statement. Notices sent elsewhere (e.g., your branch of account) may not reach us. 16. CARD. The charge card is our property. You must return it to us upon,. request 17. FOREIGN TRANSACTIONS.Youagree to pay us in U. S. dollars for charges you incur in any othercurrency. Foreign transactions will be converted to U. S. dollars by the Merchant bank or foreign financial institution. Since currency conversion may occur after the date of transaction, the conversion rate may be different from the rate in effect at the time of the transaction. You agree to pay us the converted amount as well as any conversion charges that may be imposed. 18. WAIVERS. We may delay enforcing your rights under this Agreement without losing them: A waiver of any rfght by us shall not be deemed to be a waiver of other rights orof the same right at another time. 19. AMENDMENT. We can amend this Agreement from time to time by sending a notice or an amended agreement to any of you at the last address indieztedon our records-forthis aecoun4. Unless westate otherwise, balances ex+sting on theeffective date of anyamendrnent-will be - - subject to the terms of the amended agreement. 20. TERMINATION. We may terminate. or suspend your account and/or the use of your cards without prior notice, if: (a) any of you fails to comply with the terms of any agreement with us; (b) another creditor tries through Jegal process to take any money or property of yours in our possession; (c) we have evidence or a reasonable belief that you are unable or unwilling to repay obligations incurred under this Agreement; (d) we have evidence or a reasonable belief that an unauthorized use of the card or account may be made; (e) any of you requests that we do so [Note: the corporation will remain liable to us for the use of the card and/or the account by any of you until the card is returned to us and the balance is paid in full]; (f) any of you dies, becomes bankrupt or insolvent; or (g) we notify you in advance. We may declare your obligations immediately due and payable, without priorhotice, in the event of (a), (b), (c) or (f) above. If your account is terminated, you must immediately return your card and Supercharger checks to us. 21. DAY&NIGHTTELLER.Day&NightTelleruse is not currently availableforbusihessaccouhts.IhtheeventwelatergiveyouaPersonal Identification Number (PIN) to access your account at Day & Night Tellers, you agree not to disclose your PIN to others. You also agree that we may terminate or suspend your use of Day & Night Tellers with respect to this account without cause or prior notice. YOUR BILLING RIGHTS. HOW TO NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet of paper at Frst Interstate Bancard'Company,CustomerService Department(393), P.O: Box7760,Van Nuys,California91409.Writeto usassoon aspossible. We must hearfrom you no later than 60 days after we sent you the first bill on wh ich the error or problem appeared.You can telephone us, but doing so will nat preserve your rights. In your letter, give us the following informations -Your name and account number. -The dollar amount df the suspected error. -Describe the error and explain why you believe there is an error. if you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong.To stop the payment you r letter must reach us three business days before the automatic payment is scheduled to occur. YOUR. RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE. We mustacknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correctthe error or explain why we believe the bill was correct.