R2013-17 AUTHORIZING CITY MANAGER TO EXECUTE AND ENTER INTO A MASTER PAYMENT PROCESSING AGREEMENT AND ANCILLARY ADDENDUMS

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Addendum B to Master Payment Processing Services agreement between CITY OF Decatur and FIRSTECH INC. WALK-IN PAYMENTS PROCESSING ��/ This Addendum(the"Addendum', dated_ , is by and between CITY OF Decatur a corporation, (hereinafter"Client')and FIRSTECH,INC., an Illinois Corporation, (hereinafter"FirsTech'J, and is an extension of the Payment Processing Services Agreement(the"Agreement'), pursuant to which FirsTech agreed to provide payment processing and related services for Client's customers. The terms of this Addendum shall prevail over the terms of the Agreement in the event of any conflict between them. Whereas, Client hereby designates FirsTech as a "Walk-in Payment Services Provider" for purposes of this Agreement, and as such, FirsTech has the right to recruit and manage such APA's and collect a fee for such Services, unless indicated otherwise herein. 1. Definitions. a. APA(Authorized Payment Agent). The person(s)or FirsTech recruited by and contracted with FirsTech to perform the Services. APA's may also perform walk-in bill payment services for other clients pursuant to separate agreements with FirsTech. b. APA Bank Account. A bank account in APR's name at a commercial bank that will accept Customer Payments deposited by APA. c. APA Commission Fee. Percentage of the Customer Convenience Fee retained by the APA or paid to the APA per transaction as compensation for the APA's performance of the Remittance Collection Services as set forth throughout the Agreement. d. FirsTech Commission Fee. Percentage of the Customer Convenience Fee retained by FirsTech per transaction as compensation for FirsTech's performance of the Remittance Collection Services as set forth throughout the Agreement. e. End Of Day Transmission. A daily consolidated electronic transmission file uploaded to FirsTech at the time required by FirsTech and Client,containing Customer Payment Data previously balanced by the APA's. 2. Terms a. Services covered under this Addendum shall commence as of the date first set forth above("Effective Date')and shall continue for an initial term of three(3)years. Thereafter, the contracted services shall automatically renew for additional one(1)year terms, unless one party gives written notice to the other party of its intent not to so renew these services at least ninety(90)days prior to the expiration of such initial term or any such renewal term. b. In addition to the foregoing,Client may terminate processing under this Addendum for any reason or no reason, by giving FirsTech at least ninety(90)days prior written notice of same; provided however, if Client terminates processing under this Addendum for a reason other than breach of contract or default by FirsTech ("Termination For Convenience'l, Client shall be subject to an early termination penalty ("Penalty')and shall be calculated as follows: Effective Termination Date Penalty as defined below YEAR ONE OF AGREEMENT $1,000 times the highest# of systems installed in any given TERM month since Effective Date YEAR TWO OF AGREEMENT $500 times the highest#of systems installed in any given TERM month since Effective Date YEAR THREE OF AGREEMENT $250 times the highest#of systems installed in any given TERM month since Effective Date c. The effective date of a Termination of Processing For Convenience shall be the earlier of ninety(90) days from the day Client gives FirsTech notice of its termination; or the date on which the Services actually end ("Effective Termination Date'). FirsTech shall invoice Client for the entire Penalty amount due. Client shall pay such invoice within thirty(30) days of receipt. If invoice is not paid within sixty (60)days from the date of invoice,the amount due shall be automatically debited by FirsTech from Master Agreement—City of Decatur -to-