HomeMy WebLinkAboutAgreement A-12-169-2 with Amendment II to Agreement.pdf1
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AGREEMENT NO. 12-169-2
SECOND AMENDMENT TO AGREEMENT
3 This amendment II to Agreement number 12-169, hereinafter "Amendment II", is
4 made and entered into this 7th day of April , 2015, by and between the COUNTY OF
5 FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY'',
6 and TOUCHPAY HOLDINGS, LLC, a Texas limited partnership whose address is 7801 Mesquite
7 Bend Drive, Suite 101, Irving, Texas 75063, hereinafter referred to as "CONTRACTOR".
8 COUNTY and CONTRACTOR are referred to collectively as "Parties" to this Amendment II.
9 W I T N E S S E T H:
1 0 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 12-169,
11 dated April24, 2012; and
12 WHEREAS, COUNTY and CONTRACTOR entered into Amendment I to Agreement 12-
13 169, dated January 7, 2014, to allow the County to prefund a debit card program and to allow
14 CONTRACTOR to subcontract with Stored Value Cards, Incorporated to provide the services to
15 COUNTY (Agreement number 12-169 and Amendment I together shall hereinafter be referred to
16 as ''the Agreement"); and
17 WHEREAS, the Agreement provides a termination date of April 30, 2015; and
18 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in
19 order to extend the tenn of the agreement to April 30, 2016.
20 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
21 which is hereby acknowledged, the parties agree to amend the Agreement as follows:
22 1. Section 3 (TERM), beginning on page 12, line 11 with the word "This" and
23 ending on line 19 with the word "2014" shall be deleted and the following language added in its
24 place:
25 "This Agreement shall become effective on the 1st day of May, 2012 and shall
26 tenninate on the 30th day of April, 2013. This Agreement shall automatically be extended for three
27 (3) additional twelve (12) month periods (May 1, 2013 to April 30, 2014; May 1, 2014 to April30,
28 2015; and May 1, 2015 to April 30, 2016) upon the same tenns and conditions herein set forth,
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AMENDMENT II TO AGREEMENT NO. 12-169 BETWEEN COUNTY OF FRESNO AND TOUCHPAY HOLDINGS, LP
1 unless written notice of non-renewal is given by either of the Parties to the other Party no later
2 than April 1."
3 This Amendment II will be effective as of the date written first above. COUNTY and
4 CONTRACTOR agree that upon execution of this Amendment II, the Agreement, Amendment I
5 and this Amendment II together shall be considered the Agreement.
6 The Agreement, as hereby amended, is ratified and continued. All provisions,
7 terms, covenants, conditions and promises contained in the Agreement and not amended herein
8 shall remain in full force and effect.
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AMENDMENT II TO AGREEMENT NO. 12-169 BETWEEN COUNTY OF FRESNO AND TOUCHPAY HOLDINGS, LP
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment II as of the day and
2 year first hereinabove written.
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12 DATE:
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By: ~:lLII...l.Jo~~~-=--:::~·vJ::.......:
Deborah A. Poochigian,
Board of Supervisors
DATE:~ JlJ/5
Reviewed & Recommended for Approval:
By0~~.~~
MaTQaretMfrns: Sheriff-Coroner
Auditor ControlleFITrea urer-Tax Collector
ATTEST:
Clerk to the Board of Supervisors
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AMENDMENT II TO AGREEMENT NO. 12-169 BElWEEN COUNTY OF FRESNO AND TOUCHPAY HOLDINGS, LP