HomeMy WebLinkAboutRES 16-065RESOLUTION NO. 16-065
WHEREAS, on January 11, 2011, the City Council of the City of Beaumont,
Texas adopted Resolution No. 11-012 authorizing the City Manager to execute a
Participation Agreement with JPMorgan Chase Bank, N.A. or Chase Bank USA, N.A., to
provide commercial procurement card services through the Texas Payment Card
Consortium, now known as the JPMorgan Payment Solutions Consortium; and,
WHEREAS, the Consortium is a competitively bid commercial card contract
anchored by the City of Fort Worth which contains a clause allowing other governmental
entities to participate; and,
WHEREAS, an amendment to the Commercial Card Agreement is necessary to
extend the term for two (2) years and allowing for three (3) additional one (1) year
renewals;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves an amendment to the Commercial Card
Agreement to extend the term for two (2) years and allowing for three (3) additional one
(1) year renewals. The Amendment is substantially in the form attached hereto as
Exhibit "1" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- M or Becky Ames -
FOURTH AMENDMENT TO
COMMERCIAL CARD AGREEMENT I JPMORGAN CHASE BANK, N.A.
V 1.0_12_15_08
THIS FOURTH AMENDMENT (the "Amendment") to Commercial Card Agreement dated as of August 31, 2007 between JPMorgan Chase
Bank, N.A. (the "Bank"), and City of FortWorth (the "Client") is made as of July 26. 2013 (the "Effective Date').
The Bank and the Client agree to amend the Agreement as follows:
7. Definitions. Capitalized terms used in this Amendment and defined in the Agreement shall be used herein as so defined, except as
otherwise provided herein.
2. Amendment, Section 17.1-1 of the Agreement is hereby deleted in its entirety and replaced with the following:
This Agreement may be amended only by a writing signed by the parties, provided, however, that, in the event the Bank is required
to amend this Agreement due to (i) changes in applicable laws or regulations or (ii) changes in Association rules, the Bank may
unilaterally change the terms of this Agreement upon thirty (30) days prior written notice to the Client. The Client shall be deemed to
have accepted such change if the Client continues to use the Program following the effective date of such change. All remedies
contained in this Agreement or by law afforded shall be cumulative and shall be available to the parties hereto.
s. Exhibit A. The definition of'Participant' in Exhibit to the Agreement is hereby deleted in its entirety and replaced with the following:
"Participant" means the Client or a public entity, Not -For -Profit organization or private university that has been approved by the
Bank to participate under the Commercial Card Purchasing and Single Use Account programs provided to Client under this
Agreement and which has executed an agreement in the form as attached hereto as 'Exhibit C' (the "Participation Agreement) or in
such other form as provided by the Bank from time to time,
a. Exhibit A. The definition of'Southern States Consortium' in Exhibit A to the Agreement Is hereby deleted in Its entirety and replaced with
the following:
"J.P. Morgan Payment Solutions Consortium" means the City of Fort Worth, Texas and public entities, Not -For -Profit organizations
and private universities that have been approved by the Bank.
5. Exhibit A. All references to "Southern States Consortium" in the Agreement shall be deemed to constitute references to "J.P. Morgan
Payment Solutions Consortium".
G. Continued Effect. Except to the extent amended hereby, all terms, provisions and conditions of the Agreement, as it may have been
amended from time to time, shall continue in full force and effect and the Agreement shall remain enforceable and binding in accordance
with its terms.
Counterparts. This Amendment may be executed in any number of counterparts, all of which when taken together shall constitute one
and the same document, and each party hereto may execute this Amendment by signing any of such counterparts.
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EXHIBIT "1"
IN WITNESS WHEREOF, the Bank and the Client have caused this Amendment to be executed by their respective authorized officers as of
the effective date written above.
'I
JPMORGAN CH I- BA N. .
By:
Name: eorge Thompson
Title: General Counsel, Global Commercial Card
City of Fort Worth Attestation:
CITY OF FORT WORTH
By: c� �'�-.''` s C
Name: V,-- Susan Aianis
Title: Assistant City Manager
The undersigned, a duly authorized officer or representative of the Client, does hereby certify that the Client has been duly authorized to enter
into and perform this Amendment and that the person signing abo app, i half of the Client, whose execution of this Amendment was
witnessed by the undersigned, is an officer, partner, membeb�2Vp�sgtative of the Client possessing authority to execute this
By:
Name Mary J. Kayser -
Title
'Note: The person signing the attestation shall be someone different
APPROVED AT TO FORM AND LEGALITY
By:
Title Assistant City Attorney
it
person signing above on behalf of the Client.
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