25M - AGMT - MERCHANT PAYMENT SRVS

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EXHIBIT 1 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on this 19th day of June 2018, by and between TSYS Merchant Solutions, LLC, formerly TransFirst, LLC (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), collectively "the Parties". RECITALS: A. The Parties entered into a payment processing services agreement (Agreement #A- 2014-071) dated April 18, 2014 (hereinafter "said Agreement") by which Consultant has provided payment processing services to the City. B. The Parties subsequently entered into a First Amendment to that Agreement (A-2015- 117) on June 17, 2015 to increase the Compensation and Term of said Agreement. C. The Parties thereafter entered into a Second Amendment to that Agreement (A-2016- 148) on June 17, 2016 to increase the Compensation of said Agreement. D. The Parties next entered into a Third Amendment to that Agreement (A-2017-135) on June 17, 2017 to extend the Term of said Agreement. E. In accordance with the terms and conditions of said Agreement, the Parties now wish to further amend the Term of said Agreement to provide for a one (1) year extension beginning July 1, 2018 and ending June 30, 2019, with the option exercisable by the City, to renew said Agreement for up to two additional one (1) year periods. The first period covering July 1, 2019 through June 30, 2020, and the second period covering July 1, 2020 through June 30, 2021. Each extension to be exercised by the City separately prior to the expiration of the previous extension period. F. The Parties also now wish to amend and add Compensation for the extended Term G. The Parties also now wish to amend the Scope of Services to provide the City with the right to bifurcate said Agreement and de -couple Consultant's payment kiosk related credit card authorization function from the City's iNovah cashiering system to permit merchant processing services to be accomplished by a City authorized Payment Card Industry Data Security Standard (PCI DSS) compliant third party. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in the aforementioned First, Second, and Third Amendments to said Agreement the parties agree as follows: 1. The Parties hereto desire to amend Section 3. of said Agreement (TERM). This Fourth Amendment to Agreement shall commence on July 1, 2018 and terminate on June 30, 2019; unless City exercises its option to extend the Agreement for up to two 25M-5