HomeMy WebLinkAbout20130995.tiffRESOLUTION
RE: APPROVE AMENDMENTS NOS. 1 AND 2 TO ELECTRONIC TRANSACTION
PROCESSING AGREEMENT AND AUTHORIZE CHAIR TO SIGN - OFFICIAL
PAYMENTS CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendments Nos. 1 and 2 to the
Electronic Transaction Processing Agreement between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the
Treasurer's Office, and Official Payments Corporation, commencing upon full execution, with
further terms and conditions being as stated in said amendments, and
WHEREAS, after review, the Board deems it advisable to approve said amendments,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Amendment No. 1 to the Electronic Transaction Processing
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Treasurer's Office, and Official Payments
Corporation be, and hereby is, approved, and that the acceptance of the Treasurer's Office,
dated January 14, 2013, be and hereby is, affirmed.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Amendment No. 2 to the Electronic Transaction Processing Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Treasurer's Office, and Official Payments Corporation be, and
hereby is, approved, and that the Chair be, and hereby is, authorized to sign Amendment No. 2.
ch
2013-0995
TR0027
AMENDMENTS NOS. 1 AND 2 TO ELECTRONIC TRANSACTION PROCESSING AGREEMENT -
OFFICIAL PAYMENTS CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of April, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTES
Weld County Clerk to the Board
BY:
Deputy Cler the Board
APPO FORM:
o my Attorney
Date of signature:MAY 0 7 2013
Ilia F. Garcia, Chair
<"
�e las ' ademach- Pro-Tem
P. Conway
Mike Freefnan
2013-0995
TR0027
Amendment No. 2 to Electronic Transaction Processing Agreement
Between Official Payments Corporation
And Weld County, CO
This Amendment No. 2 ("Amendment") Is agreed to by and between Weld County, CO ('Agency) and
Official Payments Corporation ('OPC'), and is made a part of the Electronic Transaction Processing
Agreement between the parties dated as of February 4th 2008 ('Agreement"). The terms of this
Amendment shall be effective as of April 19th, 2013 ('Amendment EffectNe Date'). Unless otherwise
defined herein, capitalized terms used in this Amendment shall have the meaning as those used in the
Agreement and incorporated by reference: the term 'Client" as used herein shall refer to the other party to the
Agreement, regardless of whether the Agreement referred to that entity as "Agency', 'Customer.' or"University"
or any other term. "Customer" as used herein shall refer 10 the person or entity making the payment (hereinafter
"Payment"), regardless of whether the Agreement referred to that person or entity as "Patron' or any other term.
In the event of any conflicts or inconsistencies between the provisions of this Amendment and the Agreement
and/or any addenda thereto, the provisions of this Amendment shall prevail. The remainder of the Agreement
shall remain in full force and effect, unamended.
The parties hereby agree that the Agreement is amended as follows:
L Wherever the word 'convenience fee" or "Convenience Fee' appears in the Agreement, the same shall
be replaced with the word "service fee" or 'Service Fee', as applicable.
2. As of the Amendment EffectNe Date, or as soon thereafter as the parties can complete procedural
steps to implement changes, Exhibit A Electronic Check Fee Schedule and Exhibit B CrediVDebit Card
Fee Schedule are replaced with the new Exhibit A Electronic Check Fee Schedule and Exhibit B
Credit/Debit Card Fee Schedule attached hereto and incorporated herein by reference.
3. OPC's notice addresses in Section 14.6 are deleted and replaced with the following:
Notices to OPC shall be sent lo:
Chief Executive Officer
Official Payments Corporation
3550 Engineering Drive, Suite 400
Norcross, GA 30092
With a copy to:
General Counsel
Official Payments Corporation
9907 Georgetown Pike, #203
Great Falls, VA 22066
In all other respects, the Agreement remains unchanged.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment Effective Date.
AGREED AND ACCFPTFD
Official Payments "rporatlon
By:
Name: Jeffrey H•"�e es
Title: Chief Financial Officer
Date
Slid 13
AGREED AND ACCFPTFr)
Weld County
/
By /nt
Name: William F. Garcia
Title: Chair, Board of Weld County Commissioners
APR 242013
Date:
ERA amendment Ex A B & notice & Scrvi'ee D 03-20-13 Page I of 3
2013-0995
4
•
Exhibit A
Electronic Check Fee Schedule
Convenience Fees to be charged to Agency by OPC:
For Property Tax and Building Department Payments:
$0.65 per Payment Transaction.
A Returned Transaction Fee of $5.00 for each Return Transaction will be charged
to Agency. No representment will be offered.
BUPA amendment Ex A B & notice & ServFee JJ 03-20-13 Page 2 of 3
A
Exhibit B
Credit/Debit Card Fee Schedule
Convenience Fees to be charged to Citizen by OPC:
For all Property Tax Payments when credit cards or debit cards are used, Citizen
will pay OPC a Convenience Fee of 2.45% of the payment amount for each
Payment Transaction, with a minimum Convenience Fee of $1.00. Client selected
fees do not include American Express usage.
For all Building Department Payments when credit cards or debit cards are used,
Citizen will pay OPC a Convenience Fee of 2.45% of the payment amount for each
Payment Transaction, with a minimum Convenience Fee of $1.95. Client selected
fees do not include American Express usage.
Point of Sale (POS):
Same as Electronic Check and Credit/Debit Card Fee Schedules above.
ETPA amendment Ex A B & notice & ServFee JJ 03-20-13 Page 3 of 3
Amendment No. 1 to Electronic Transaction Processing Agreement
Between Official Payments Corporation
And Weld County, CO
This Amendment No. 1('Amendment") Is agreed to by and between Weld County, CO ('Agency) and
Official Payments Corporation ("OPC"), and is made a part of the Electronic Transaction Processing
Agreement between the parties dated as of February 4th 2008 ("Agreement'). The terms of this Amendment
shall be effective as of December 27th 2012 ("Amendment Effective Date"). Unless otherwise defined
herein, capitalized terms used In this Amendment shall have the same meaning as those used in the
Agreement. The terms of the Agreement are incorporated herein by reference. In the event of any conflicts or
inconsistencies between the provisions of this Amendment and the Agreement and/or any addenda thereto, the
provisions of this Amendment shall prevail. The remainder of the Agreement shall remain in full force and
effect, unamended.
The parties hereby agree that the Agreement is amended as follows:
1. As of the Amendment Effective Date, or as soon thereafter as the parties can complete procedural
steps to implement changes, Exhibit A Electronic Check Fee Schedule and Exhibit B Credit/Debit Card
Fee Schedule are replaced with the new Exhibit A Electronic Check Fee Schedule and Exhibit B
Credit/Deblt Card Fee Schedule attached hereto and incorporated herein by reference.
2. OPC's notice addresses in Section 14.6 are deleted and replaced with the following:
Notices to OPC shall be sent to:
Chief Executive Officer
Official Payments Corporation
3550 Engineering Drive, Suite 400
Norcross, GA 30092
With a copy to:
General Counsel
Official Payments Corporation
9907 Georgetown Pike, #203
Great Falls, VA 22066
In all other respects, the Agreement remains unchanged.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment Effective Date.
AGREED AND ACCEPTED
Official Payments Corporation
By
Name: Jeffrey H. J• es
Title: Chief Financial Officer
Date: /17//_3
ETPA amendment Ex A B & notice addr JG 12-7-2011
AGREED AND ACCEPTED
Weld County
'frets u- rer
Title:
Date:
Page I of 3
Exhibit A
Electronic Check Fee Schedule
Convenience Fees to be charged to Agency by OPC:
For Property Tax:
$0.65 per Payment Transaction.
A Returned Transaction Fee of $5.00 for each Return Transaction will be charged
to Agency. No representment will be offered.
ETPA amendment Ex A B & notice addr JO 12-7-2011 Page 2 of 3
Exhibit B
Credit/Debit Card Fee Schedule
For all Property Tax Payments when credit cards or debit cards are used, Citizen
will pay OPC a Convenience Fee of 2.45% of the payment amount for each
Payment Transaction, with a minimum Convenience Fee of $1.00. American
Express will not be accepted.
ETPA amendment Ex A B & notice addr JG 12-7.2011 Page 3 of 3
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