HomeMy WebLinkAboutParticipation Agreement - JP Morgan Chase Bank - Establishment of Purchasing Card Program for the City of SB1316 Couwry-Crry BuiLDING
227 W, JEFFEMN BOULEVARD
Sou'ri-i 131,M). INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
December 12, 2017
JP Morgan Chase Bank, N.A.
300 South Riverside Plaza, Ste, IL 1-0199
Chicago, IL 60670-0199
Attn: Commercial Card Contract Manager
RE: Participation Agreement
Dear Commercial Card Contracts Manager:
PHONE 5741235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on December 12, 2017, approved the
above referenced no cost agreement regarding the establishment of a purchasing card
program for the City of South Bend.
Enclosed please find the original of the agreement for your signature. Please sign and
return the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Michael Schmidt, Administration and Finance
GARY A, GILOT SUZANNA M, FRITZBERc, EjAZABE'fli A. MARADIK JAMES A. MUELLER THERESE J. DoRAU
iq� Ift 11111li�� 1�1 1111111 11 1111
THIS PARTICIPATION AGREEMENT (the "Participation Aqreemen,),Js a an effective this day of
201 ("Effective Date" by and between (the "Participant") and JPMorgan
'1
Chase Bank, N.A. or Chase Bank USA, N.A., as may be determine tl from time to time, (the "Bank") each a national banking
association.
WITNESSETK
WHEREAS, pursuant to that certain PROFESSIONAUPERSONAL SERVICES CONTRACT Procurement Card and Related
Services RFP 6.82 dated as of April 10, 2007 (as amended, supplemented, restated or replaced from time to time, the "Contract")
between the State of Indiana, Department of Administration (the "State") and the Bank, the Bank has agreed to provide commercial
card services to the Client (the "Program") on the terms and conditions of the Contract, attached hereto and incorporated herein as
Exhibit 1; and
WHEREAS, the Participant desires to participate in the Program, subject to the terms and conditions of the Contract;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual agreements, provisions and covenants contained
herein, the parties agree as follows:
1. Definitions. Except as otherwise provided herein, all capitalized terms used herein and not otherwise defined and which are
defined in the Contract shall be used herein as so defined in the Contract.
2, Mutual Obligations. By their execution of this Participation Agreement, the Participant and Bank hereby agree to be bound by
all the terms and conditions of the Contract attached hereto as Exhibit I. This Participation Agreement shall remain in effect
according to its terms without regard to the continued existence or enforceability of the Contract with respect to the original
parties thereto.
Without limiting the generality of the foregoing, the Participant further agrees that it shall be responsible only for transactions
and for fees, charges and other amounts due under the Contract related to the use of Accounts of the Participant pursuant to
the Contract and that the State shall not be liable for any such transactions and for any such fees, charges and other amounts.
1 Notices. Notwithstanding the provisions of the Contract, all notices and other communications required or permitted to be
given under this Participation Agreement shaIll be in writing and shall be effective on the date on which such notice is actually
received by the party to which addressed. All notices shall be sent to the address set forth below or such other address as
specified in a written form from one party to the other.
To the Bank: JPMorgan Chase Bank, N.A.
300 South Riverside Plaza, Suite 11-1-0499
Chicago, IL 60670-0199
Attn: Commercial Card Contracts Manager
To the Participant:
Attn:
4� Rebates. Except as otherwise provided herein, the Participant may earn rebates pursuant to the terms and conditions of the
Contract. The Participant acknowledges that such earned rebates will be paid by the Bank directly to the Participant. For a
Participant to qualify for any rebate payment: (i) the Participant must have an Annual Charge Volume of at least $100,000 and
(ii) settlement of any centrally billed account(s) must be by automatic debit or by Participant initiated ACH or wire. Settlement
Terms for the Participant are 30 & 25. (Participant must choose Settlement Terms of either 30 & 14 or 30 & 25),
Page 1 of 3
Miscellaneous. This Participation Agreement shall be governed by and construed in accordance with the substantive laws of
the State of Indiana, and as applicable, federal law. The headings, captions, and arrangements used in this Participation
Agreement are for convenience only and shall not affect the interpretation of this Participation Agreement. This Participation
Agreement 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 Participation Agreement by signing any of such counterparts.
IN WITNESS WHEREOF, the parties have caused this Participation Agreement to be duly executed as of the date first written
above.
BANIK:
By:
Name:
Title
Participant Attestation: ' The undersigned, a duly authorized officer or representative of Participant, does hereby duly
authorized to enter !into and perform this Participation Agreement and that the person signing above on behalf of the Participant,
whose execution of this Participation Agreement was witnessed by the undersigned, is an officer, partner, member or other
representative of Participant possessing authority to execute thus Participation Agreement.
By:
Name:
Title
Page 2 of 3
MKINUMIR
PROFESSIONALIPERSONAL SERVICES CONTRACT
Procurement card and Related Services RFP 6-82
Page 3 of 3
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
December 5. 2017
Michael Schmidt
Department Admin/Rnance
BPW Date December 12, 2018 Phone Extension 9977
. . . . ......
Required Prior to Submittal to Board
Legal Attorney Name Clara McDaniels
Controller review is required for all Contracts $5,000.00 or more
Controller and greater than one year in length per the City Purchasing
Policy
Purchasing Z
M Agreement
R Professional Services
F-1 Bid Opening
F-1 Quote Opening
Chg Order No.
❑ Ease./Encroach.
F-1 Other:
Company or Vendor Name
New Vendor
MBENVBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose,/Description
" Contract
F-1 Amendment
E] Bid Award
F] Quote Award
❑ C/O & IPCA No.
❑ Traffic Control
JP Mor
F] Yes
F] No
Proposal
0 RCA
EJ Resolution
F-1 claim
If Yes, Approved by Purchasing
0 Title Sheet
0 MBE El MBE Completed' E-Verify Form Attached F] YeNos
E]
Establishment of P Card Program for City
No upfront fees
Establish purchasing Card Program for City
I For Change Orders Only
Amount of Fj increase $
E] Decrease $
Previous Amount
Current Percent.of Change:
New Amount
Total Percent of Change:
Time Extension:
Copy
Original
❑
El
El
0
Dispersal After Approval