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25C - AGMT MERCHANT PAYMENT SRVS
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25C - AGMT MERCHANT PAYMENT SRVS
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6/1/2017 3:32:47 PM
Creation date
6/1/2017 3:11:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25C
Date
6/6/2017
Destruction Year
2022
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EXHIBIT 1 <br />THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT, is entered into on this 60' day <br />of June 2017, by and between TransFirst, LLC, (hereinafter "Consultant"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into a payment processing service agreement (Agreement 4A- <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 said Agreement (A-2015- <br />117) on June 17, 2015 to increase the Compensation and Term of said Agreement. <br />C. The parties subsequently entered into a Second Amendment to said Agreement (A- <br />2016-148) on June 21, 2016 to increase the Compensation of said Agreement. <br />D. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend the Term of said Agreement to provide for a one (1) year extension beginning <br />July 1, 2017 and ending June 30, 2018. <br />E. The parties also wish to amend and add Compensation for the extended Term. <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 and Second Amendments to said Agreement, the parties agree as <br />follows: <br />1. The parties hereto now desire to amend Section 3. of said Agreement (TERM). This <br />Third Amendment to Agreement shall commence on July 1, 2017 and terminate on <br />June 30, 2018, or unless terminated earlier in accordance with Section 12 of said <br />Agreement. <br />2. The parties hereto now desire to amend Section 2. of said Agreement <br />(COMPENSATION) to extend the increase in annual compensation agreed to by the <br />parties pursuant to the Second Amendment to Agreement to include the one (1) year <br />extended term of this Third Amendment to Agreement. The total sum to be <br />expended under the amended term of said Agreement shall not exceed $165,000. <br />3. This Third Amendment to said Agreement must be signed below and may be signed <br />in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) <br />file attachment, or by other means that displays the original or a copy of the <br />signatures. Any subsequent amendments may be signed and delivered in the same <br />manner. <br />1 <br />25C-5 <br />
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