HomeMy WebLinkAboutContracts & Agreements_232-2018AMENDMENT NO I TO THE SPEEDPAY MASTER SERVICES AGREEMENT
THIS AMENDMENT NO 1 ("Amendment No 1"), entered into as of the last signature date indicated
below (tine "Amendment Effective Date"), modifies the SPEEDPAY MASTER SERVICES
AGREEMENT, dated .lune 21, 2006, the ("Agreement"), between CITY OF REDLANDS ("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 othei good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as
follows
1 The first two sentences of Section 9 of the Agreement are deleted and replaced with the following
`The terin of this Agreement shall be for a period of three (3) years from the Amendment Effective Date
(the "Initial Term") and automatically renewing for successive one -yeas terms (each a "Renewal Term")
Either party may terminate this Agreement (i) for material breach if such breach is not cured upon thirty
(30) days' notice, or (it) upon ninety (90) days' notice prior to the end of the Initial Term or any Renewal
Term "
2 Section 4(C) of Schedule A to the Agreement is hereby deleted lin its entirety and replaced with the
following
C Settlement to Client SPI (which, for purposes of this Section 4c shall include the Designated
Processor as identified in that certain Regulatory Update Acknowledgement Letter) will provide
settlement to Client by transfer of the Client Total for each Payment Type, as set forth below Client shall
promptly provide credit to Customer's account upon receipt of the Posting file, tine completion of
settlement of the Customer Payment shall not be a condition precedent to Client's provision of credit to
the Customer
I) ACH and Online PIN -less Debit SPI shall credit the Client Total using an ACH credit to the
account designated by the Client for ACH and Online PIN -less Debit payments SPI shall initiate
a separate ACH debit to the same account for any returned/disputed items identified since the
last processing cycle
it) Speedpa_y Credit Card Payments The Payment Total shall be deposited into SPI's designated
account by Client's merchant processor SPI shall credit the Client Total for Speedpay Credit
Card payments using an ACH credit to the account designated by the Client SPI shall initiate a
separate ACH debit to the same account for any charge backed items identified since the last
processing cycle
3 Section 5 of Schedule A to the Agreement is hereby deleted in its entirety and replaced with the
following
5 Customer Payments -ind Fees Customers will be assessed a Convenience Fee of $3.95 foi each
Customei Payment The maximum payment amount per Customer Payment is $500 Prior to completing
a Customer Payment, Customer will be advised of the existence and amount of the Convenience Fee and
shall be provided the option of accepting or rejecting the Convenience Fee and tine attendant Service
Client may waive the Convenience Fee and in such case, Client shall pay SPI a fee equal to the amount
of the Convenience Fee directly SPI shall determine the number of Customer Payments that have been
waived by Client during each calendar month and shall bill Client based upon the total waived Customer
Payments multiplied by the Convenience Fee Client shall pay SPI the invoiced amount Within thirty (30)
days of invoice receipt
City of Redlards Acndl 11-16 18
4 The following is added as Section 6 to Schedule A of the Agreement
6 Other All Customer Payments shall be in U S Dollars and no foreign exchange will be provided In
accordance with its anti -money laundering, anti -fraud, and other compliance policies and practices, SPI
may impose reasonable limitations and controls on any person or entity's ability to utilize the Service
Such limitations may include but are not limited to payment velocity controls refecting Customer
Payments or restricting particular individuals or entities from using the Service SPI shall periodically
advise Client of all applicable restrictions and controls
5 Except as modified and amended herein, the terms and conditions of the Agreement continue to be binding
upon the parties In the event of any 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 l has been duly executed by authorized representatives of
the parties hereto
CITY CJF REDLANDS
SPEEDPAY, INC
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Name PAUL \9 , r b5TFK Name
(print name)
Title Ma�a?r Title
Date 12-18-2018 Date
ATEST
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.1e e Donaldson, City Clerk
City of Redlands Amdl 11 16 18