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INSURANCE ON FILE <br />WORK MAY PROCEED A-2018-170 <br />UNTIL INS RA CE EXPIRES <br />L4 + I &A <br />CLERK Or <br />4 CIL <br />DATE: ju 6 201B <br />FOURTH AMENDMENT TO AGREEMENT <br />I X a THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on this 19th day of <br />June 2018, by and between TSYS Merchant Solutions, LLC, formerly TransFirst, LLC <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into a payment processing services agreement (Agreement #A- <br />2014-071) dated April 18, 2014 (hereinafter "said Agreement") by which Consultant <br />has provided payment processing services to the City. <br />B. The parties subsequently entered into a First Amendment to that Agreement (A-2015- <br />117) on June 17, 2015 to increase the Compensation and Term of said Agreement. <br />C. The parties thereafter entered into a Second Amendment to that Agreement (A-2016- <br />148) on June 17, 2015 to increase the Compensation of said Agreement. <br />D. The parties next entered into a Third Amendment to that Agreement (A-2017-135) on <br />Jame 17, 2017 to extend the Term of said Agreement. <br />E. In accordance with the terms and conditions of said Agreement, the parties now wish <br />to ftirther amend the Term of said Agreement to provide for a one (1) year extension <br />beginning July 1, 2018and ending June 30, 2019, with the option exercisable by the <br />City, to renew said Agreement for up to two additional one (I) year periods. The first <br />period covering July 1, 2019 through June 30, 2020, and the second period covering <br />July 1, 2019 through June 30, 2020. Each extension to be exercised by the City <br />separately prior to the expiration of the previous extension period. <br />F. The parties also now wish to amend and add Compensation for the extended Term <br />G. The parties also now wish to amend the Scope of Services to provide the City with <br />the right to bifurcate said Agreement and decouple Consultant's payment kiosk <br />related credit card authorization function from the City's iNovah cashiering system to <br />permit merchant processing services to be accomplished by a City authorized <br />Payment Card Industry Data Security Standard (PCI DSS) compliant third party. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in the <br />aforementioned First, Second, and Third Amendments to said Agreement the parties <br />agree as follows: <br />1. The parties hereto desire to amend Section 3, of said Agreement (TERM). This <br />Fourth Amendment to Agreement shall commence on July 1, 2018 and terminate on <br />June 30, 2019, unless City exercises its option to extend the Agreement for up to two <br />