HomeMy WebLinkAbout24-166 Resolution No. 24-166
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT NO. 3 TO MASTER SERVICES
AGREEMENT WITH PAYMENTUS CORPORATION FOR CREDIT CARD PROCESSING
MERCHANT SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS,that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Amendment No. 3 to Master Services Agreement on
behalf of the City of Elgin with Paymentus Corporation, for credit card processing merchant
services,a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 26,2024
Adopted: June 26, 2024
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Paymentus 1595 16"'Avenue,Suite 700
Richmond Hill.Ontario L4B 3N9,Canada
AMENDMENT NO. 3
TO MASTER SERVICES AGREEMENT EFFECTIVE FEBRUARY 28, 2018
This Amendment No. 3 ("Amendment") amends the Master Services Agreement effective as of February 28, 2018,which
was amended by Amendment No. 1 dated March 8, 2023 and Amendment No. 2 dated October 11, 2023 (collectively,the
"Agreement"), between City of Elgin, IL ("Client"), with a principal place of business located at 150 Dexter Ct., Elgin, IL
60120, and Paymentus Corporation, a State of Delaware Corporation with a principal place of business at 11605 N.
Community House Road, Suite 300, Charlotte, NC 28277 ("Paymentus"). Client and Paymentus are also referred to as
"Party" and collectively as the "Parties." This Amendment is effective at the time of the last to sign of the Parties
("Amendment Effective Date").
STATEMENT OF PURPOSE
Client and Paymentus entered into the Agreement for electronic bill payment services;
The Parties agree to amend the Agreement to extend the term to September 30, 2024.
AGREEMENT
In consideration of mutual covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Client and Paymentus agree as follows:
1. Amendment.The Agreement is hereby amended as of the Amendment Effective Date as follows:
1.1. The Parties agree to amend the Agreement to extend the term through September 30,2024("Term"). Client shall
have the right upon not less than thirty (30) days prior written notice to Paymentus to extend the Term for an
additional three(3) months to December 31, 2024 ("Renewal Term").
2. Miscellaneous:
2.1 This Amendment is binding and inures to the benefit of the Parties and their respective successors and assigns.
2.2 All other terms and conditions of the Agreement not modified by this Amendment remain in full force and effect.
2.3 This Amendment may be executed in two or more counterparts, each of which shall be deemed to be an
original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized
representatives.
CITY OF ELGIN, IL PAYMENTUS CORPORATION
Richard G.Kozal
By: By: �Cc.11.du2
Printed Name: Richard G. Kozal Printed Name: Peter Fanous
Title: City Manager Title: Senior Vice President
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CONFIDENTIAL AND PROPRIETARY
Paymentus legal Revised 6.10.20
PaymentusRichmond Hill,Ontario L4B 3N9,Canada
Date: Jul 2, 2024 Date: 6/24/2024
Page 2 of 2
CONFIDENTIAL AND PROPRIETARY
Paymentus legal I Revised 6.10.20