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HomeMy WebLinkAboutContract 47647-R2A2 CSO #47647-R2A2 AMENDMENT TO AND SECOND RENEWAL OF FORT WORTH CITY SECRETARY CONTRACT NO. 47647 - SELECT GOVERNMENT MERCHANT PAYMENT CARD PROCESSING AGREEMENT This AMENDMENT TO AND SECOND RENEWAL OF FORT WORTH CITY SECRETARY CONTRACT NO. 47647 ("Renewal and Amendment") is made and entered into by and between JPMorgan Chase Bank, N.A., a national banking association ("Member"), Paymentech, LLC, a Delaware limited liability company ("Paymentech," "we," or "us"), and the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("Merchant", "you", "your", or "City"), each of which may be individually referred to as "party" and which collectively may be referred to as "parties." WHEREAS, on or about April 1, 2016, City, Paymentech, and Member entered into a Select Government Merchant Payment Card Processing Agreement, as may have been amended, for payment card processing services, that agreement being Fort Worth City Secretary Contract No. 47647 (the "Agreement"); and WHEREAS, the Agreement provides for an initial three-year term and two, one-year renewal options; and WHEREAS, in 2019, the parties agreed to revise and extend the Agreement through execution of an amendment and renewal, that instrument being Fort Worth City Secretary Contract No. 47647-R1A1; and WHEREAS, the parties wish to again revise the Agreement to revise the treatment of "Chase Transactions" and to extend the Agreement, as amended, through exercise of the second renewal option for a period effective April 1, 2020 through March 31, 2021. NOW, THEREFORE, the parties do mutually covenant and agree as follows: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Second Renewal of CSC 47647 Page 1 of 3 1. Extension of Term: The term of Fort Worth City Secretary Contract No. 47647, as previously amended by Fort Worth City Secretary Contract No. 47647-R1A1 and otherwise, is hereby extended for a one year period beginning April 1, 2020, and ending March 31, 2021. 2. Chase Transactions: The first paragraph of Section 3 of the Amendment to and First Renewal of the Agreement dated June 28, 2019 is hereby deleted and replaced with the below: CHASE TRANSACTION PRICING ADJUSTMENTS Chase Transaction Pricing. Paymentech shall be entitled at any time, upon thirty (30) days' written notice, to modify the pricing applicable to Merchant's Chase Transactions; provided, however, that in such event, Merchant shall be entitled to discontinue having its Eligible Chase Cards processed as Chase Transactions by providing Paymentech with notice thereof, in which case all Transactions involving Eligible Chase Cards shall be processed by Paymentech as normal Visa Transactions, subject to the pricing set forth in Schedule A for Visa Transactions, and subject to normal Visa interchange rates and network fee pass-through. For the purpose of reviewing, evaluating and (if applicable) modifying Merchant's Chase Transaction pricing, Merchant authorizes Paymentech to use Merchant's non-Chase Transaction processing data and pricing, including, without limitation, the qualification levels and interchange rates applicable to its non-Chase Transactions. Amendment and Second Renewal of Contract No.47647 Page 2 of 3 3. No Other Amendments: All terms and provisions of Fort Worth City Secretary Contract No. 47647, as previously amended by Fort Worth City Secretary Contract No. 47647-RIA1 and otherwise, shall remain in full force and effect throughout the second renewal term. This Renewal is executed to be effective as of first day of April, 2020 ("Effective Date"). CITY OF FORT WORTH, TEXAS PAYMENTECH, LLC for itself and on behalf of JPMORGAN CHASE BANK, N.A. Jesus J.Cha a Date:l020.10.05 1:42:J.WW p Date:202D.,D.08,,:42:4,-05.90• Jesus "Jay"Chaps Name: Matthew P. Leman Deputy City Manager Title: Executive Director CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Jay Rutledge Digitally signed by Jay Rutledge By. Y 9 Date:2020.10.07 14:29:41-WW Name: Jay Rutledge Title: Treasury Supervisor APPROVED AS TO FORM AND LEGALITY Denis McElroy Digitallyaigned by Denis McElroy By, y Date:2020.10.0810:27:43-WW Denis C. McElroy, Asst. City Attorney M&C C-27525 ATTEST p 000,00000000 0 By: coo =o c Mary Kayser, City Secretary Boa-0 n 000 aaa OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Amendment and Second Renewal of Contract No.47647 Page 3 of 3