20-0616_NCR PAYMENT SOLUTIONS_Amd 1 to Professional Services AgreementAMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
NCR PAYMENT SOLUTIONS
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as
of this 16`h day of June, 2020, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and NCR Payment
Solutions, FL, LLC, a Delaware LLC (formerly, CollectorSolutions, Inc.), with its principal place of
business 864 Spring Street, NW, Atlanta, Georgia 30308 ("Contractor"). City and Contractor are
individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled
"Professional Services Agreement" dated July 1, 2015, ("Agreement") for the purpose of retaining
the services of Contractor to provide Merchant Services.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the term for an additional one-year term ending June 30, 2021 and to clarify insurance
requirements. All other terms and conditions will remain the same as noted in the original
agreement.
3. Terms.
3.1 Amendment. The following sections are hereby amended in their entirety to read as
follows:
Pap] of 3
Section 2 - Term.
This Agreement shall commence on the effective date and shall terminate, and all services
required hereunder shall be completed, no later than June 30, 2021, unless earlier
terminated as provided herein. Contractor shall complete the Services within the term of
this Agreement and shall meet any other established schedules and deadlines. The Parties
may, by mutual written consent, extend the term of this Agreement, if necessary, to
complete the Services.
Section 3.1 - Amount.
Compensation for services under this Agreement shall not exceed $165,000 per year, at
the rates set forth in Exhibit B of the original agreement, the effective date of which was
July 1, 2015.
Section 14.4 - Proof of Insurance Requirements.
Prior to beginning any work under the Agreement and for the entire duration of the
Agreement, Consultant shall submit insurance certificates for all coverage required by the
Agreement.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Pagel
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND NCR PAYMENT SOLUTIONS
CITY OF SAN JUAN CAPISTRANO
Approved By
enlf� 'amin Siegel
City Manager
June 23, 2020
Date
Attested By
O lk
Maria Morris, City C & k
Approved As To Form:
9-�/3- -
City Attorney
NCR PAYMENT SOLUTIONS, FL, LLC
Zy
Signature
Name
Title
/liAy o zo.20
Date
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