HomeMy WebLinkAboutContract 43256-A1 °3 C"SECRETAN
CONTRACT No. f{"
34 X16
AMENDMENT
TO THE AGREEMENT
This Amendment No. 1 (this "Amendment") is made effective as of August 2016 (the "Amendment Effective
Date")by and between the City of Fort Worth ("Client")and Active Network, LLC ("Active")and amends that certain
Product and Services Agreement, dated as of May 23, 2012 and known as City Secretary Contract Number 43256
(the"Agreement")entered into by the Parties. Client and Active are also individually referenced herein as a"Party'
and collectively as the "Parties." Capitalized terms used but not defined herein shall have the meanings ascribed to
such terms in the Agreement.
NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in
this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each Party,the Parties hereto hereby agree as follows:
1. Changes to the Amended Agreement.
A. Exhibit 1 of the Agreement is amended as of the Amendment Effective Date, by replacing in its entirety
the sentence, line one,of the section entitled Ongoing Fees,and replacing it with the following statement:
Transactions entered by a member of the Agency on behalf of a participant and processed via Hosted
Payment Server will be assessed the customary transaction fee charged by Active("Transaction Fee")equal
to four point two-five percent(4.25%)of Customer's total transaction volume.
2. Full Force and Effect. Except as expressly modified herein, the Agreement remains in full force
and effect. All references in the Agreement to"this Agreement,""hereto,""hereof,""hereunder"or words of like import
referring to the Agreement shall mean the Agreement as amended by this Amendment. In the event any of the terms
and conditions of the Agreement conflict with the terms and conditions of this Amendment, the terms and conditions
of this Amendment shall prevail only as to the subject matter expressly stated herein.
3. Counterparts. This Amendment may be executed in several counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same document,binding against each of the
Parties. To the maximum extent permitted by law or by any applicable governmental authority, this Amendment may
be transmitted by facsimile, electronic mail (including pdf)or other transmission method with the same validity as if it
were an ink-signed document and any counterpart so delivered shall be deemed to have been duly and validly
delivered and be valid and effective for all purposes.
IN WITNESS WHEREOF,the Parties hereto have executed this Amendment as of the Amendment Effective Date.
Active Network, LLC City of Fort Worth
by its authorized signatory by its Assistant City Manager
By: By:
Name: L"Took.,i Name: S wsan A, l Q n l J
Title: G�e ti ere,,, ,tU
/ e� -1144Pe` Title: A SSi S'otnt C r�{+1 MAn9
Date: �� 1a` [ T^ Date: '3130
OFFICIAL RECORD
CITY SECRETARY
Revised 6/17/16 First Amendment to CSC#43256 FT. WORTH, TX
SOF F Q
o
ATTEST:
By: '
Mary Kayse , ity Secretary
APPROVED ASFORM AND LEGALITY:
T
By: ✓�
Jessica Sangsvang
Assistant City Attorney
Form 1295 Certification
No. N/A
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Revised 8/12/2016
-2-