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HomeMy WebLinkAboutContract 41124-A1g:cr~~ LIJ/Zt f-9 ( AMENDMENT NO. 1 TO THE SPEED PAY MASTER SERVICES AGREEMENT THIS AMENDMENT NO . 1 ("Amendment No. 1"), entered into as of the last signature date indicated below , modifies the SPEEDPAY MASTER SERVICES AGREEMENT, dated November 4 , 2010 , as amended, modified and supplemented from time to time, the ("Agreement"), between CITY OF FORTH WORTH MUNICIPAL COURT ("Client") and SPEEDPAY, INC. ("SPI"). All capitalized terms not defined herein shall have the same meaning as ascribed to such terms in the Agreement. WHEREAS , SPI and Client desire to amend the Agreement to include the agreed upon changes set forth below ; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. The following is hereby added as subsection a to Section 5 of Schedule A to the Agreement: a . Maximum Payment Amount. The maximum payment of a Speedpay Credit Card or On-line PIN- less Debit Customer Payment is $3 ,000. 2 . Except as modified and amended herein , the terms and conditions of the Agreement continue to be binding upon the parties. In the event of an y inconsistency between the terms of this Amendment No . 1 and the terms of the Agreement, the terms of this Amendment No. 1 shall control. IN WITNESS WHEREOF, this Amendment No . 1 has been duly executed by authorized repre sentatives of the parties hereto. CITY OF FORT WORTH MUNICIPAL COURT By : Name: Chadt:s w. Dart,e/..s (print name) Title: Ass,s+anf c,·ty Man.a!JCf": Date: 01:,. /CJ. /1: SPEEDPAY, INC. By~a~ Name ~~ '.':3 ~10T2 ~vP Title : Date: ~; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX _, City ofFort Worth Amdl 5-5-14 (2) ... ,,, ON el l, Kimberly From: McElroy , Den is C . Sent: .To: Wednesday , September 15 , 2010 2 :51 PM Hernandez , Gilbert Cc: Subject: ONeil , Kimberly ; Rumuly , William F RE : City of Fort Worth Attachments: City of Fort Worth CF-Ml 9.14 .1 O.doc City of Fort Worth CF-Ml 9 .14 ... The revised draft Western Union sent yesterday afternoon (copy attached) is acceptable from a legal perspective . The changes that I made to the merchant processor section were done in an effort to address a concern that Finance had. As I understand it from my meeting with you , Finance was concerned that if the City 's merchant processor were being used , the City would be paying a merchant -processor fee (and would therefore not get the benefit of the full amount that is owed). It might be advisable to share Olga 's explanation of the merchant - processor issue with Finance to make sure they are comfortable with how these arrangements will work . One other note -since Western Union is asking the City to sign first , please make sure that the document (or at least Schedule C) is printed in color since use of the Molly -logo is subject to color -specific restrictions . Thanks -----Original Message ----- From : Hernandez , Gilbert Sent : Tuesday , September 14 , 2010 5 :31 PM To : McElroy , Denis C . Cc : ONeil , Kimberly ; Rumuly , William F Subject : FW : City of Fort Worth Denis , Attached is the document with the proposed changes as noted below . Please review verbiage as mentioned by Olga and let us know if okay to proceed . Respectfully , Gilbert Hernandez , Deputy Court Clerk City of Fort Worth Municipal Court (817) 392 -6784 -----Original Message ----- From : OlgaRombach@westernunion .com [mailto :OlgaRombach@westernunion .com ] Sent : Tuesday , September 14 , 2010 5 :26 PM To : ONeil , Kimberly ; Hernandez , Gilbert Subject : Fw : City of Fort Worth Kimberly , Attached is the document with your proposed changes . We were not able to accept the verbiage on Schedule A, section 4A . Please note that the verbiage that speaks to the fact that WU will be responsible for the merchant fees already appears in Schedule A, section 2D. City of Fort Worth is the merchant of record , but we pay the merchant fees. As I 1 explained before , we are not using your existing merchant number , we are ~ r e questing a new number for the purpose of these transactions . Please 'contact me before making changes to this section as everything that you are t r ying to say is already there . Thank You , Olga Rombach Nat i onal Account Executive Gl oba l Bus i ness Payments Office 954 -447 -9585 Cell 954 -647 -7164 Western Union 17387 SW 20th Ct Miramar , FL 33029 Fax 954 -447 -9580 -----Forwarded by Olga Rombach/Americas/WesternUnion on 09/14/2010 06 :12 PM ----- Diane Bartkewicz/Americ as/WesternUnion 09/14/2010 05 :56 PM Alright Olga ... this may be it . To Olga Rombach/Americas/WesternUnion@Weste rnUnion cc Subject City of Fort Worth We accepted everything except what we spoke about on the phone . Please see redline and clean attached - Please review before sending to the client . If the contract is acceptable to the client , please ask them to print and sign two (2) copies and mail to me at the address below . Upon receipt we will counter -sign and mail one duly executed copy back to the client for their files . (See attached file : City of Fort Worth SPI Redline 9 .14 .10 .doc) (See attached file : City of Fort Worth CF -MI 9 .14 .10 .doc) Best Regards , Diane Bartkewicz Manager of Contract and Legal Administration Global Business Payments Western Union 12500 East Belford Ave , Mail Stop M22Al Englewood , Co 80112 (720) 332 -4093 -Phone (646) 365 -3337 -Fax diane .bartkewicz@westernunion .com This communication may contain proprietary and/or confidential information and is the property of The Western Union Company or its affiliates . If you are not the intended recipient , you are hereby notified that any use of the information contained in or transmitted with the communication or 2 dissemination , distribution , or copying of this communication is strictly p~on.ibited . If you have received this communication in error , please notify ?the Western Union sender immediately by replying to this message and delete it from your computer . The information transmitted , including any content in this communication is confidential , is intended only for the use of the intended recipient and is the property of The Western Union Company or its affiliates and subsidiaries . If you are not the intended recipient , you are hereby notified that any use of the information contained in or transmitted with the communication or dissemination , distribution , or copying of this communication is strictly prohibited . If you have received this communication in error , please notify the Western Union sender immediately by replying to this message and delete the original message . 3