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20-1160 - 4578 - Amendment 3 Ordinance ExecutedORDINANCE NO.20-1160 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A MERCHANT SERVICES CONTRACT EXTENSION BETWEEN THE CITY OF DENTON AND ELAVON, INC., THROUGH AUGUST 16, 2020, TO PROVIDE MERCHANT SERVICES FOR ONLINE CUSTOMER SERVICE CREDIT AND DEBIT CARD PAYMENTS; AND DECLARING AN EFFECTIVE DATE (FILE 4578 – EXTENDING A CONTRACT WITH ELAVON, INC., TO AUGUST 16, 2020). WHEREAS, Ordinance 201 1-047 authorized a Merchant Services Contract to Elavon, Inc., for five (5) years for credit and debit card processing services, which is on file in the office of the Purchasing Agent; and WHEREAS, the staff having recommended, and the City Manager having recommended to the City Council that an extension to the existing purchasing authority approved by Ordinance 2011- 047 be authorized between the City and Elavon, Inc., for one year; and WHEREAS, on May 16, 2016, Purchasing awarded a First Amendment to Elavon, Inc. in a term ending May 31, 2019; and WHEREAS, on April 16, 2019, by Ordinance No. 19-754, the City awarded a Second Amendment to Elavon, Inc. in a term ending May 3 1, 2020; and WHEREAS, the City Council finds that the action taken herein is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The authority to receive merchant services from Elavon, Inc., authorized by Ordinance 2011-047, is hereby extended under File 4578 until August 16, 2020. SECTION 3. The City Council delegates the authority to the City Manager to take any actions that may be required or permitted to be performed by the City of Denton under File 4578 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4 This ordinance shall become effective immediately upon its passage and approval The#9tion to approve g A is ordinance was made b the o] and seconded by by the following vote Ave ,/ / Z JZ Z / Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: +Z 2020 ATTEST: ROSA RIOS, CITY SECRETARY X-?zIp APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY .„: dl.{c +,„ „D DocuSign Envelope ID: 9D15A21A-544846F5-A90A-60ZK49902603 DENTON Docusign City Council Transmittal Coversheet 4578 Merchant Se rvi ces FILE File Name P.,chasing Contact L ''1 H '"'11 City Council Target Date June 23’ 2020 Piggy Back Option Contract Expiration Ordinance Not Applicab1 e August 16, 2020 20–1160 DocuSign Envelope ID: 9D15A2 IA-544846F5-A90A-604449902603 THE STATE OF TEXAS § § §COUNTY OF DENTON THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ELAVON, INC. 4578 THIS THIRD AMENDMENT TO CONTRACT 4578 (this “Amendment”) by and between the City of Denton, Texas (“City”) and Elavon, Inc. (“Contractor”) to that certain contract executed on April 5, 2011 with contract terms beginning June 1, 2011 through May 16, 2016; amended on May 16, 2016 to extend the contract term to May 16, 2019 (the “First Amendment”); amended on April 16, 2019 to extend the contract term to May 16, 2020 (the “Second Amendment”): (collectively, the Original Agreement, First Amendment, and the Second Amendment are the “Agreement”) for services related to merchant services including credit/debit and check processing services. WHEREAS, Contractor has substantially completed the work called for in the Agreement, and the City deems it necessary to further expand the services provided by Contractor to the City, and to provide an additional 3 month term with this Amendment. WHEREAS, the City deems it necessary to further expand the goods/services provided by Contractor to the City; and NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: This Amendment modifies the Agreement amount to provide an additional one year term for additional services and materials to be provided in accordance with the terms of the Agreement. The term of the Agreement is extended until August 16, 2020. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of three (3) months. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment, by and through their respective duly authorized representatives and officers__ .L:_ I„._ ' ' 06/23/2020 ' ' ‘ DocuSign Envelope ID: 9D15A21A-544846F5-A90A-604449902603 “CONTRACTOR” Elavon, Inc. r,ocu„gne, ,y: By, L DMdf? I. RUth AUTHORIZED SIGNATURE. TITLE senior vice Presldent “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation 'DocuSlgned by: By: thAI €hLLMML TODD HILEMAN CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY By: RauR£% APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. David Ga1 nes SIGNATURE PR[NTED NAME F1 nance D1 rector TITLE F1 nance DEPARTMENT Certificate Of Completion Envelope Id: 9D15A21 A544846F5A90A604449902603 Subject: Please DocuSign: City Council Contract 4578 Elavon Amendment 3 Source Envelope Status: Completed Document Pages: 3 Certificate Pages: 6 Signatures: 5 Initials: Envelope Originator: Lori Hewell 901 B Texas Street Denton, TX 76209 lori.hewell@cityofdenton.com IP Address: 129.120.6.150 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 6/10/2020 2:56:16 PM Holder: Lori Hewell lori.hewell@cityofdenton.com Location: DocuSign Signer Events Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 6/10/2020 3:00:42 PM Viewed: 6/10/2020 3:05:39 PM Signed: 6/1 0/2020 3:38:39 PM Completed Using IP Address: 129.120.6.150 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 6/10/2020 3:38:41 PM Viewed: 6/10/2020 3:39:05 PM Signed: 6/1 0/2020 3:39:11 PM Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 6/10/2020 3:39:13 PM Viewed: 6/1 1/2020 8:45:46 AM Signed: 6/1 1/2020 8:46:14 AM Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Timothy 1. Miller tim.miller@elavon.com Senior Vice President Security Level: Email, Account Authentication (None) Sent: 6/1 1/2020 8:46:15 AM Viewed: 6/1 1/2020 9:03:09 AM Signed: 6/1 1/2020 9:03:54 AM Signature Adoption: Pre-selected Style Using IP Address: 204.137.47.38 Electronic Record and Signature Disclosure: Accepted : 6/1 1/2020 9:03:09 AM ID: 33c566a3-1 bad-4532-bd92-4b955delea9a Signer Events David Gaines david.gaines@cityofdenton.com Finance Director Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 6/1 1/2020 9:03:56 AM Viewed: 6/1 1/2020 10:09:21 AM Signed: 6/1 1/2020 10:09:38 AM Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Accepted: 6/1 1/2020 10:09:21 AM ID: 3489dbd7-4548-4b6d-97dd-5061e6aad68d Cheyenne Defee cheyenne.defee@cityofdenton,com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Sent: 6/1 1/2020 10:09:41 AM Viewed : 6/24/2020 8:44:07 AM Signed: 6/24/2020 8:44:24 AM Using IP Address: 198.49.140.104 Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) 'DocuSlgned br I bAZ kiCLHNb .B778C711BAOD454 Sent: 6/24/2020 8:44:26 AM Viewed : 6/24/2020 10:45:01 AM Signed: 6/24/2020 10:45:12 AM Signature Adoption: Pre-selected Style Using IP Address: 47.186.196.49 Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11 :02:14 AM ID: 57619fbf-2aec-4b If-805d-6bd7d9966f:21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) 'DocuSigned by: 1 R%4RCel IC5CA8C5EI 75493 Sent: 6/24/2020 10:45:15 AM Viewed: 6/24/2020 11 :29:25 AM Signed: 6/24/2020 11 :32:52 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure: Accepted: 6/24/2020 1 1 :29:25 AM ID: 24c4a56f-f31b-4ed 1-b391-3fbaOecc8056 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Timestamp Sent: 6/10/2020 3:38:41 PM Carbon Copy Events Not Offered via DocuSign Status Timestamp Sherri Thurman sherri .thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 6/1 1/2020 10:09:41 AM Zolina Parker zolina.parker@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 6/24/2020 11 :32:54 AM Randee Klingele randee.klingele@cityofdenton.com Sr Treasury Analyst City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 6/24/2020 11 :32:55 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 6/24/2020 11 :32:55 AM 6/24/2020 11 :32:55 AM 6/24/2020 11 :32:55 AM 6/24/2020 11 :32:55 AM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Timothy 1. 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