Item 26 - Debit and Credit Card Merchant Payment Processing Services

Home Browse Search

DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT TO THE CARD SERVICES TERMS & CONDITIONS FOR GOVERNMENT ENTITIES CITY OF SANTA ANA THIS FIRST AMENDMENT TO THE CARD SERVICES TERMS & CONDITIONS FOR GOVERNMENT ENTITIES ("Agreement") is made and entered into on this 201h day of December 2022, by and between Global Payments Direct, Inc., DBA OpenEdge, a Georgia corporation ("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 ("City"). RECITALS A. The City and Consultant are parry to that certain Card Services Terms & Conditions for Government Entities and the Merchant Application agreed to on December 6, 2022, Agreement A-2022- ("Card Services Agreement"). B. The City desires to retain a consultant having special skill and knowledge in the field of debit and credit card merchant payment processing services, including gateway transaction integration and support services C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Card Services Agreement attached hereto as Exhibit A. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in the Merchant Application. For the full Term of this Agreement as covered under the provisions as set out herein below, funds to be expended shall not exceed a base contracted amount of $1,616,000, together with an annual $5,000 support and maintenance amount and a general annual contingency amount of 15%, for a combined maximum amount of $1,898,400 which sum shall constitute the Maximum Contract Compensation Cap. Page 1 of 11