HomeMy WebLinkAboutAgreement A-23-525 Amendment No. 1 to Agreement.pdf I
DocuSign Envelope ID: 397B3198-068A-41 F6-BA95-Al473B25DBAE
Agreement No. 23-525
1 AMENDMENT NO. 1 TO AGREEMENT
2 This Amendment No. 1 to Agreement ("Amendment No. 1") is dated
3 October 10, 2023 and is between Heartland Payment Systems, LLC, a Delaware limited
4 liability company authorized to do business in California, whose address is 3550 Lenox Road,
5 Suite 3000, Atlanta, Georgia 30326 ("Contractor"), and the County of Fresno, a political
6 subdivision of the State of California ("County").
7 Recitals
8 A. On November 6, 2018, the County and the Contractor entered into an agreement, which
9 is County agreement number 18-618 ("Agreement"), for electronic check payment and
10 processing transaction services and credit and debit card payment transaction services through
11 an Internet interface over the web and an interactive telephone voice response system.
12 B. Under section 4 of the Agreement, the term of the Agreement is December 1, 2018,
13 through November 30, 2021, plus two optional 12-month extension periods upon written
14 approval of both parties.
15 C. On October 25, 2021, the parties approved the first optional 12-month extension period
16 by executing an "Approval for Extension of Agreement."
17 D. On October 12, 2022, the parties approved the second optional 12-month extension
18 period by executing another"Approval for Extension of Agreement."
19 E. There are no further optional 12-month extension periods under the Agreement, and the
20 Agreement will expire on November 30, 2023, unless it is amended to provide otherwise.
21 F. The parties now wish to further extend the term of the Agreement through June 30,
22 2024.
23 The parties therefore agree as follows:
24 1. The term of the Agreement is extended through and including June 30, 2024.
25 2. During the seven-month period that the term of the Agreement is extended under this
26 Amendment No. 1, compensation paid by the County to the Contractor under the Agreement
27 shall not exceed $64,166.67.
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DocuSign Envelope ID:397B3198-068A-41F6-BA95-A1473B25DBAE
1 3. When both parties have signed this Amendment No. 1, the Agreement and this
2 Amendment No. 1 together constitute the Agreement.
3 4. The Contractor represents and warrants to the County that:
4 a. The Contractor is duly authorized and empowered to sign and perform its obligations
5 under this Amendment.
6 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
7 to do so and his or her signature on this Amendment legally binds the Contractor to
8 the terms of this Amendment.
9 5. The parties agree that this Amendment may be executed by electronic signature as
10 provided in this section.
11 a. An "electronic signature" means any symbol or process intended by an individual
12 signing this Amendment to represent their signature, including but not limited to (1) a
13 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
14 electronically scanned and transmitted (for example by PDF document) version of an
15 original handwritten signature.
16 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
17 equivalent to a valid original handwritten signature of the person signing this
18 Amendment for all purposes, including but not limited to evidentiary proof in any
19 administrative or judicial proceeding, and (2) has the same force and effect as the
20 valid original handwritten signature of that person.
21 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
23 2, Title 2.5, beginning with section 1633.1).
24 d. Each party using a digital signature represents that it has undertaken and satisfied
25 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
26 through (5), and agrees that each other party may rely upon that representation.
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DocuSign Envelope ID:397B3198-068A-41F6-BA95-A1473B25DBAE
1 e. This Amendment is not conditioned upon the parties conducting the transactions
2 under it by electronic means and either party may sign this Amendment with an
3 original handwritten signature.
4 6. This Amendment may be signed in counterparts, each of which is an original, and all of
5 which together constitute this Amendment.
6 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
8 effect.
9 The parties are signing this Amendment No. 1 on the date stated in the introductory
10 clause.
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HEARTLAND PAYMENT SYSTEMS, LLC COUNTY OF FRESNO
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DocuSigned by:
13 1�,w.d L. Gain. •
14 Davi reen, Corporate Secretary S
S Q iSt®ro, Chairman of the Board of
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15 3550 Lenox Road, Suite 3000 the County of Fresno
Atlanta, Georgia 30326 Attest:
16 GK Bernice E. Seidel
Clerk of the Board of Supervisors
17 County of Fresno, State of California
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By: aw,
19 Deputy
20 For accounting use only:
21 Org No.:0410
Account No.:7295
22 Fund No.: 0001
Subclass No.:10000
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