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20-1160ORDINANCE 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 2011-047 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 31, 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. TheP� tion to approve this ordinance was made by and seconded by 4`4' Al , the ordinan was passed approved by the following vote 1(0 - 0 1: 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: Aye Nay PASSED AND APPROVED this the _e -W11 day o ATTEST: ROSA RIOS, CITY SECRETARY -1 01MI-0 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: )�k/lc I �L✓ c Abstain Absent me):� DocuSign Envelope ID: 9D15A21A-5448-46F5-A90A-604449902603 CITY OF DENTON Docusign City Council Transmittal Coversheet FILE 4578 File Name Merchant services Purchasing Contact Lori Hewell City Council Target Date June 23, 2020 Piggy Back Option Not Applicable Contract Expiration August 16, 2020 Ordinance 20-1160 E DocuSign Envelope ID: 9D15A21A-5448-46F5-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, byo 2 through their respective duly authorized representatives and officers on this date DocuSign Envelope ID: 9D15A21A-5448-46F5-A90A-604449902603 "CONTRACTOR" "CITY" Elavon, Inc. DocuSigned by: CITY OF DENTON, TEXAS �(,A Texas Municipal Corporation DocuSigned by: AUTHORIZED SIGNATURE, -���� �i1�t,w�a)A, TITLE senior vice President By: TODD HILEMAN CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY DocuSigned by: _Fp-1Z,.oa B y' -665E475493 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSigned by: By: M�� P AWwA. _ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: 5David Gaines C66776D32052461... SIGNATURE PRINTED NAME Finance Director TITLE Finance DEPARTMENT 2 Certificate of Completion Envelope Id: 9Dl5A2lA544846F5A9OA604449902603 Subject: Please DocuSign: City Council Contract 4578 Elavon Amendment 3 Source Envelope: Document Pages: 3 Signatures: 5 Certificate Pages: 6 Initials: 1 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 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 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 Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timothy I. Miller tim.miller@elavon.com Senior Vice President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/11/2020 9:03:09 AM ID:33c566a3-1bad-4532-bd92-4b955delea9a Holder: Lori Hewell lori.hewell@cityofdenton.com Signature Completed Using IP Address: 129.120.6.150 cc" Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 ED—Sig-d by: MD328BF0204U. Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 —D—Signed by: DCAE62E 63744B8.. Signature Adoption: Pre -selected Style Using IP Address: 204.137.47.38 Docu56"% .secueeo Status: Completed Envelope Originator: Lori Hewell 901 B Texas Street Denton, TX 76209 lori.hewell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 6/10/2020 3:00:42 PM Viewed: 6/10/2020 3:05:39 PM Signed: 6/10/2020 3:38:39 PM Sent: 6/10/2020 3:38:41 PM Viewed: 6/10/2020 3:39:05 PM Signed: 6/10/2020 3:39:11 PM Sent: 6/10/2020 3:39:13 PM Viewed: 6/11/2020 8:45:46 AM Signed: 6/11/2020 8:46:14 AM Sent: 6/11/2020 8:46:15 AM Viewed: 6/11/2020 9:03:09 AM Signed: 6/11/2020 9:03:54 AM Signer Events David Gaines david.gaines@cityofdenton.com Finance Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/11/2020 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 Todd Hileman Todd. Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/24/2020 11:29:25 AM ID: 24c4a56f-f31 b-4ed 1-b391-3fba0ecc8056 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events 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: Signature by: [aC1­Sqn1d atiJ Gailnt i C66776D32052461... Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 Completed Using IP Address: 198.49.140.104 ExxhDocu319ned by. a(ktaan 677eC711BADD454. Signature Adoption: Pre -selected Style Using IP Address: 47.186.196.49 ERDOCUSI,,*d by: P4641CKAeC5075493... Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 Signature Status Status Status Status Status DPIED Timestamp Sent: 6/11/2020 9:03:56 AM Viewed: 6/11/2020 10:09:21 AM Signed: 6/11/2020 10:09:38 AM Sent: 6/11/2020 10:09:41 AM Viewed: 6/24/2020 8:44:07 AM Signed: 6/24/2020 8:44:24 AM Sent: 6/24/2020 8:44:26 AM Viewed: 6/24/2020 10:45:01 AM Signed: 6/24/2020 10:45:12 AM Sent: 6/24/2020 10:45:15 AM Viewed: 6/24/2020 11:29:25 AM Signed: 6/24/2020 11:32:52 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 6/10/2020 3:38:41 PM Carbon Copy Events Status Timestamp Not Offered via DocuSign Sherri Thurman+� ` Sent: 6/11/2020 10:09:41 AM PIEDsherri.thurman@cityufdenton.com L City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolina Parker p PIED Sent: 6/24/2020 11:32:54 AM zolina.parker@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Randee KlingelePIED Sent: 6/24/2020 11:32:55 AM 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 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/24/2020 11:32:55 AM Certified Delivered Security Checked 6/24/2020 11:32:55 AM Signing Complete Security Checked 6/24/2020 11:32:55 AM Completed Security Checked 6/24/2020 11:32:55 AM 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 I. Miller, David Gaines, Todd Hileman, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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