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APPROVED BY <br />CITY COUNCIL <br />Date 21=� a <br />Item #_„ 4 - <br />ADDENDUM TO STATE OF CALIFORNIA PURCHASE CARD PROGRAM <br />MASTER SERVICES AGREEMENT (DGS MSA 5-06-99-01) <br />This Addendum ("Addendum") to the State of California Purchase Card Program Master Services <br />Agreement (DGS MSA 5-06-99-01) (the "Agreement") between the Department of General Services <br />("DGS") on behalf of the State of California, and U.S. Bank National Association ND ("U.S. Bank"), is made <br />this 20th day of February, 2007, by the City of Colton ("Participating Agency") for the purpose of becoming <br />a "Participating Agency" as that term is defined in the Agreement. The Master Services Agreement DGS <br />MSA 5-06-99-01 and its amendments are incorporated by reference and made a part of this Addendum. <br />RECITALS: <br />A. DGS has entered into the Agreement for the purpose of making available for Participating Agency's use <br />a purchase card program as described in the Agreement; and <br />B. The Agreement contemplates the inclusion of Participating Agencies by a process of voluntary execution <br />of an addendum; and <br />C. The Participating Agency has received a copy of the Agreement and after thorough review of the <br />Agreement desires to become Participating Agency as that term is defined in the Agreement. <br />AGREEMENT: <br />NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by <br />reference, the mutual promises and covenants set forth in the Agreement, which is incorporated herein by <br />reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Participating Agency, and U.S. Bank agree as follows: <br />1. The Participating Agency agrees to accept and perform all duties, responsibilities and obligations <br />required of Participating Agency as set forth in the Agreement. CAL -Cards shall be issued to employees of <br />the Participating Agency upon execution of this Addendum by the Participating Agency and U.S. Bank. U.S. <br />Bank shall submit invoice(s) to the Participating Agency at the address indicated herein. <br />2. U.S. Bank is authorized to place the seal or logo of the Participating Agency on the CAL -Cards issued to <br />employees of the Participating Agency for the sole purpose of identifying the card for official use only. Such <br />seal or logo shall be subject to use limitations as apply to the State seal on Page 3 of the Agreement. <br />3. The Participating Agency shall make monthly payments as provided in the Agreement to U.S. Bank of <br />the full amount of the official monthly invoice by causing a check or checks or a warrant or warrants to be <br />issued payable to the order of U.S. Bank on demand or by use of an Automated Clearing House or <br />Electronic Data Interchange to make such payment to U.S. Bank. <br />4. The Participating Agency shall provide U.S. Bank with a copy of its audited financial statements within <br />sixty (60) days of completion and, upon request of U.S. Bank, such other financial information as may be <br />reasonably requested. <br />5. Either party may terminate this Addendum at any time by giving a thirty (30) days written notice to the <br />other party, whether or not such other party is in default. <br />6. The Participating Agency declares that CAL -Cards shall be used for official Participating Agency <br />purchases only, and shall not be used for individual or consumer purchases nor to incur consumer debt. <br />The Participating Agency warrants that it possesses the financial capacity to perform all of its obligations <br />under the Agreement and this Addendum and the Participating Agency will not allow purchases to be made <br />with CAL -Cards or incur any other financial obligation hereunder or under the Agreement prior to <br />determining that existing appropriations available therefore are sufficient in amount to pay for such <br />purchases or such other financial obligations. <br />