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HomeMy WebLinkAboutFIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 2 -2014N- 2014 -074 Principal /Bank: Associate /Group: 002000 Chain/Association: 002001 MIDtt: MCC Code: 7523 MERCHANT TRANSACTION PROCESSING AGREEMENT — MERCHANT APPLICATION 201310 Merchant Application SBS Pass Through CONFIDENTTAL BUSINESS INFOPTVIATION Business Legal Name (must match name on tax return); Business DB /A: ( "MERCHANT) CITY OF SANTA ANA City of Santa Ana Location Street Address:(No P.O. Boxes) City: State: Zip: 20 Civic Center Plaza M -13 Santa Ana CA 92701 Contact Name: Phone: Fax; Email: Minerva 1 (714 ) 647 -5440 MMancha @santa - ana.org Mailing /Billing Address: (If different from Location) City: State: Zip; Phone: 20 Civic Center Plaza M -13 Santa Ana CA 92701 (714) 647 -5440 ASSUMPTIONS BUSINESS PROFILE AND 4 of Locations; Fed. Tax ID: Annual Vise/MasterCard/Discover Location Volume ($): Business Open Date: 1 956000785 Volume ($): 86,400.00 86,400.00 Average Ticket ($): Highest Ticket (S): Avg. monthly Vol. ($): Length of Ownership: Visa/MasterCard/Discover 101 as 1,00 5.00 7,200.00 0 Yr 0 me Currently Accepted? ❑No N of Employees: Ownership Type: %of Goods /Services Cash and Carry: 100 0 Government Business: Pricing Method: Retail TyppoGoods /Services sold:(Please include a copy of your retam/refund policy) Rataof R parking PIC' &s Processor: (Please Include copy ofstatements) Business Website: www.santa- ana.org � Card Present 100 %+ Card Not Present %= TOTAL: 100% Sales to: Consumer -2952----Y. + Business 5 %= TOTAL: 100% — IfCNP Choose one: Card Swipe 100 %+ Imprint 0 %= TOTAL Card Present % Application Type: Addl. Location LOC /Old MID: Dun &Bradsbeetll: (Ifavailable) Have you or your business ever declared Additional Location 51542672 -0 < 3 Z`-}' bankruptcy? ❑ Yes ® No Do you use any third party fulfillment houses? ❑ Yes m No Do you work with any third parties or software vendors who have access to If Yes, please provide a contact list of all third party fulfillment houses. cardholder data? L I Yes [Z No If yes, please provide a contact list of all third parties and software vendors who have access to cardholder data. When is cardholder billed for goods /services? ® On Order ❑ On Shipment Average number of days between order and shipment? 0 Expected date of Srst hansaction? Do you operate as a Seasonal Merchant? ❑Yes V1 No If seasonal, indicate operating months: ❑Jan []Feb ❑Mar ❑Apr []May ❑Jun [:]Jul ❑Aug ❑Sep ❑Oct []Nov ❑Dec RE Bank Reference Name: Contact: S Phone: Account Number: JP Morgan Chase Kathy Kobayashi (949) 833 -4801 935309500 Trade /Supplier I Name: Contact: Phone: Account Number: Trade /Supplier 2Name; Contact Phone: Account Number: DISCLOSURE VISA MEMBER BANK (ACQUIRER) IMPORTANT MEMBER BANK (ACQUIRER) RESPONSIBILITIES) IMPORTANT MERCHANT RESPONSIBILITIES INFORMATION 1. A Visa Member is the only entity approved to extend acceptance of 1. Ensure compliance with cardholder data security and First National Bank of Omaha Visa products directly to a Merchant storage requirements. 1620 Dodge Street 2. A Visa Member is responsible for educating Merchants on pertinent 2. Maintain fraud and chargebacks below thresholds. Omaha, NE 68197 Visa Operating Regulations with which Merchants must comply 3. Review and understand the terms of the Merchant 800- 853 -9586 3. The Visa Member is responsible for and must provide settlement Agreement. funds to the Merchant 4. Comply with Visa Operating Regulations. 4. The Visa Member is responsible for all funds held in reserve that are derived from settlement. The responsibilities )fisted above do not supersede the terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the Visa Member (Acquirer) is the ultimate authority should the Merchant oblems. Merchant Name: Authorized Signature: CITY OF SANTA ANA X Address: 20 Clvlc Center Plaza M -13 print Name: �- Santa Ann CA 92701 TSYS Merchant Solutions, LLC is a registered agent of First National Bank of Omaha, 1620 Dodge Street, Omaha, NE 68197 800- 853 -9586 1 of4 t 201310 Merchant Application SBS Pass Through CONFIDENTIAL VISA/MC/DISCOVER Pass through pricing: 0.0000 % DISCOUNT on SALES + $ 2-00000 per item on gross items (SALES plus Credits) Visa Rewards, Visa Signature, Visa Premium, MasterCard World, MasterCard Enhanced, MasterCard Premium and Discover Premium cards will he assessed an additional to the applicable rate tier. Please review the Rate Descriptions online at www.tsystransactionsummary.com or contact TMS at 800.228.2443 for additional information on which interchange programs qualify. Merchant Setup $ 0.00 perMID Authorizations $ 0.0350 per V /MC /Disc/OnePoint Auth "at' Excessive Electronic $ 0.0000 per V/M °/Disc Auth over 100% Monthly Maintenance S 0.00 perMID Authorizations of SALES & per OnePoint Auth Minimum Discount Billing $ per month/MID Non V /MC/Disc /OnePoint Authorizations $ 0.0350 each Chargebacks $ 5.00 each Voice Authorizations $ 0.6500 each Retrievals $ 5.00 each Voice AVS $ 1.99 each Batch Capture $ 0.00 each Paper Statement []Yes [Z No $9.95 per month/MID Insufficient Funds Fee $35 per unsuccessful debit of Wireless Monthly $ perdevice DESIGNATED Account Wireless Set Up $ peadevice OTHER $ Annual Seasonal $ per MID OTHER $ Regulatory and Compliance $ 1.00 per month/MID ATM /DEBIT ❑Yes ❑No PCI VALIDATION Setup$ per MID PCIValidation$ 45.00 per year /MID OR$ 3.75 per manth/M ID Transactions S each PCI Non - validation: $ per month/MID if MERCHANT is not validated for compliance with Monthly per MID $ TMS's vendor, beginning 75 days after signing, Network Fees Pass thru Card Compromise Assistance Plan (CCAP) CCAP Fee (PCI Validated): $ 7.95 per month/MID, if MERCHANT is validated for PCI Compliance with TMS's vendor. CCAP Fee (PCI Non- Validated): $34 ^95 per month/ MID, if MERCHANT is not validated for PCI Compliance with TMS's vendor, beginning 75 days after signing. This program is not being offered by Bank. Bank has no responsibility or liability under this program. Account Closure Fee: If the AGREEMENT is terminated early during the INITIAL TERM or any RENEWAL TERM for any reason otter than set out in para- graph 5.1, 5.2A, or 5.2.11, then MERCHANT agrees to pay TMS an account closure fee (`ACCOUNT CLOSURE FEE") in accordance with the following: $399 per MID during the first 12 months of the INITIAL TERM; $299 per MID during the second 12 months of the INITIAL TERM; $199 per MID during the third 12 months ofthe INITIAL TERM; $149 per MID during any RENEWAL TERM. MERCHANT agrees that the ACCOUNT CLOSURE FEE shall also be due to TMS in accordance with this schedule if MERCHANT discontinues submitting SALES for processing during the INITIAL TERM or any RENEWAL TERM of the AGREEMENT. MERCHANT agrees that this fee is a not a penalty, but rather a reasonable estimation of the actual damages TMS would suffer if TMS were to fail to receive the processing business for the then current term. Paragraph references and capitalized tens not defined in this paragraph are defined in the at tched Tenns and Conditions. Pursuant to Section 4.1 of the Tens and Conditions the INITIAL TERM shall be for 3 years. TMS EQUIPMENT/SOFTWARE Brand/Model MONEfRA Brand /Model Brand/Model Equipment Option OWNS Equipment Option Equipment Option Fee $ 0.00 Quantity 1 Total $ 0,00 Fee $ Quantity _Total $ Fee $ Quantity _Total $ .0 Payment Option OWNS Payment Option Payment Option OWNS N Software Vendor Payment Application Version ASSOCIATIONFEES Visa Zero Floor Limit: I Visa Base 11: $0.1039 per transaction without corresponding authorization $O.OD14 per MasterCard gross transaction 1$0,0023 per Visa transaction MC Acquirer License Fee: 0.0075% ofgross MC SALES dollar volume The following fees will be passed through at Association's rate: Interchange, Assessments, MasterCard Network Access Brand Usage Fee, Visa Exception Item Fee, Visa Network Acquirer Processing Fee, Visa International Acquirer Fee (including High Risk), Visa Partial Authorization Non - participation Fee, Dis- cover International Processing Fee, Discover International Service Fee, Discover Data Usage Fee, MasterCard AVS Card Present Fee, MasterCard Account Sta- tus Fee, MasterCard AVS Card Not Present Fee, Visa International Service (including cash advance), Visa Misuse, MasterCard Cross Border (US /Non -US /Puerto Rico), MasterCard Processing Integrity, Visa Debit Transaction Integrity, Visa Fixed Acquirer Network Fee, Discover Network Authorization Fee, MasterCard CVC2 Transaction Fee, All Other Applicable Association Fees. FUNDSTRANSFER: In accordance with the terms set out in the Terms and Conditions, transfer funds will be made to /from the account set forth in the enclosed voided check or bank letter. ]Standard 0/ Premium ❑DDA El I5Yb Merchanl501uuons, LLC is a registered agent of First National Bank of Onhaha, 1620 Dodge Street, Omaha, NE 68197 800 -853- 86 V/ Merchant Initials: X 2of4 A umsring AmanM axpcss BSA WIM Merchant CAP Mery Amaicart Fkpress gnaFOtn(DlsGCOnt.,.. -.M 9: .w.- tl ( M+inddy PEnt ,,,,,Y [� Ntty Ameriv.R F.a(xeis ESA DPSCngnt - �,.q.T. /, (EU)S Ml NOW CITY OF SANTA ANA Annwt AmffAtin Eaprasa Charge VOl £„�„„,�,� Avg Ticker t $).loi'mnn Pet [] Raxtsrmsnt:+ -i¢.mS 7san Ftc [j ❑Daly Not PAY — 8 Orgy Pail Grass Pa Y Y°-ESA only . CM � y, m #8gaircios &7bur gpGralum: Cj Minfl* Jrnas PAY (a.NS$it$100kt), ESA Only g 'mvpl AgarxiaarTnur Gpaamrs &Sarvipas, Payment 7lrning,6RA Only, 03U3y 015Day L13ODay solo &All [hhpr. +St1.iS'I'ranx f +ec drM0.40% oil Croga NvAlut Gift Ctrd.POCOrsir %-35 Malfunction spliwbte to #1dP0110A find IhoMerOhanl Tmnaxuoo Prucwsxind ABeafianut vdfil BRNic nnd'1'M9,1loplasula that t to-ivn rend and mu aothpda4d ro srgn and unbrng lllm lion ograeing to lw iwvnd by thegmariwn Express CaN hwapmnauAgteomool( "Amtrtrnn Expveas Aff"W Ot''), and thntall lnroanothun provided utwa, 0asnpiate 9ud snEUruta.t authorize TSY& k6mdwnl5siiat`nns, Gt,(.', aad la o-� nu, asaigm OraEiiLaks ( coArotiwalp "TAd6'7niid,4meflcan.8apm i4ili0d Sarc &en Camparvy,!nG { "AXP "1 and AXU"x0gents endARiNalu in t hiX mainf¢rnulun at this ajrpti0adnnand rcivol,end arshande ditg0 alraut nasptrsonxll�, rpGRud}dg bysa7amxivrg rcpurls tram svavmasmpozUrvg apsnoits from llmG to tires, anti dinol0;a Lush infoonalj" tolhalr ulkaflUaaiaTx, Amliatmend ¢iircr portals tur aay ptaprudpumrillai by I6W.1 ainhoraaand dlsacoTMS find A71p and AXP's 490trta mild Af(IlimeR la ma dGGaiy, pr Iptwm ME!iiCI3ANT, dfYOpun &bbput me chat thayhxea saquosrui ftarr oagsuawBr rzpofl'ag a$andks. 9txh [ntamcic¢n will inctade era addddtess nEtRp upun¢YfumisNne the upon. l rile' amhwize AYP t0 use Cho ',pone on ms frmn xemWrf:r rcporung e$enuies for muiicrint and �nativq PnPppseA l atn rttltn to rent aqd dndrtsiaM Ib3En$fixh language. Plow Mud the Amntiont EzpAuss Mvaq s,zhrrent,, rnv.amaiccne>(KP3S.<atNpriv9a)i to loam mate atiudttrowArrcricep E #pros! prsiaai4 Your privaGYirtd frawAmmrinan.FbiPfaas usai Y'auf idtortnati0n t arA tbett tnnY opt put oPmarke@ aomnw cetimu b)vixking this xw}ishhaG!c oWhAdAnivicanE:eprrssat I- @Op}82S.S2S10,1 ura!wstond last upon spplrainlA T appl {eatipn, Ore MERGff.AMagraexroaalda by the Amaskan Exprrsy ABrcekn <ntand tvillMsam malerinlx ivaieomm3 €L slther to rip@mm fot T1N31d Parl'xvm 3arvICGS far AAl* or to AXP's ataWaral Card xauapi7riaa prsprpix whkh tans diti}xent Avrviefn� tams( e.g. d11PmrBnt spaedS o iilUG ANT that if N&1tCt7ANT dcesnat tifutlfy t1uTAE9 "taarviafng prdkrsm that Nc Gti{ily ir,Gylm .'roped in ATT'e siaarlaed Cab aaafrtana& prOgtarz RCfll,i.g ay farminatq{be Am}4iCan YkCG+GasApcGmxn4lly aaaaptlnd 1latAmerica06xprmi thrdToithe parGAwa afxpmds ensVorarrvp0ex ,or 3 f e Aus ri its i�datrind f4 h bPtirA, Nfl:RCriAlYf a$tets In he {mend by Pha.lmMiaap Er:pcasg RdxaprortN.l u,rc1¢,t;nd Cut TM9 apd DAMX gCe n0E a thCArtltYltBn FFniCfix ARYSa1lreYlt iatrxcraAnt ^)ax mYk[Oxvh EWkotr,{abid3utaty anu rmGgndL�srei #Y gua�raut�iha full karmvnac ofal(Mlm �,. w,,,.,�o aea f Cf #ANT's obllgarauns ru TN}5, togctiiarvd[h al] tnau,ex(dr,sry, and attprxys'fcushmmrodtx T9l8 in cronyatkton n4fn nnX actions. inockwas, nr dota¢lis al M1pC(fCI16NT, lrtah< any right rp tsmikalMgrn pmeend against Thor auYbtx ni ryl4RC} FANT( iBare fire ns samknionx mnanhud us vhG mnCanrometi aE WCs C13ARXhtlTY, (aulurnaaTM5. its ac t)n,>r.;..,e In inmka tmm elm '.m••w ,.:..:.. _.._ .. ..u.vuwymn,m„Pr lr iha ruCartbneh;y benva¢a mIGN,C }1ANF and ma. Ttit rFiRANTP ogee Uwrd r sand in,wAa ..11, rho bAnitohftet x¢iPgtann, pcv ¢erane top, esanItnntimvyail, succGSSms ned aasigus of GUARANTpR and ii93. GUeSRAMTpk: {Sigfxsiurr. *Nu tjslti) PrinlRaoia� (Ya Tajo3J William Legg] Maui) CITY OF 6;h AANA ��.`��`""",$ppJel SGaurity Nam;nr,- g4;3.9sJ- 995E1��T• ' .' #dom hoar: (7141647 6440 t.tktNi'flnUlprrtas TF]F'o-arYVrflAryK.[a peavidenaopbtihis hiarcharu.t nicatlnn 3¢au thud•_• ^•. - wt^wou awngnera Pna u,tpmte, 31F#t,: pl ) orftGayui ttnm, au'd 'I AA BA ur g, s inie am pms"Wr all twsnau.rrvst f caens d tpaytruSeanuar.i 4 c raMdLi appktattbe"MERC{ANP eg- Ol" pfY hl gMIUM bpy fv lilt m C,'a#d HaCnd Ia pArnNcTr . € narynd ,n irs te t S iyIat i ng {'dsPpnrmAlt Aluilm cz Plan A$ smneot In rvttm4a vrlutanC [ha PlIa"W001144 oauwdihia AQk"hiCNTarbe =W14 by theirduly aathauad Mime monivus uffeghTna the dntp signed fix apgrtrved try 3iAt4X. PnnepaN MAMA (Plow Prim): �y^�,�^.•..- _ to, �0 71tir, I! ^r).- .-M ' .4{tW equu(Osvnersh9P ("�) tL }Iora-Ph¢ne ttq: aE6p[h: grmcigolfatSac 3dr No A (714) $47-5410 °- °^'_ 349 -5ft -9999 Pnn rpals NomtAddrass: �� t,}7. rw $lute Zip: fl3ftCriA .i ?Nif� W"jf 1}'ICfi yo ttip h7rrrc {PI+ -e prin0; TilEa: to: ,av r�auwrw uana ar Natda: Tidy 'I'SY5 Marxhuri $o¢ixrouS, IX is aglsturcd &(seat oC pnsr Ne(ia^ ;f asn4 pTCImaA t« d Chase, South, it ore Original Source Document Friday, June 06, 2014 r 201310 Merchant Application SBS Pass Through CONFIDENTIAL Sales Professional Verification By the signature below, the Sales to essional verifies that that the information stated In this Agreement is correct to the best of his/her knowledge and ism represented to himAter by MERCHANT. Sales Professi alst amre: Sales Professional Name Printed: Bret Johnson Sales Organization: Application Date: Physical Site Inspection Conducted By Sales TSYS Merchant s 5/29/14 Professional Yes Q No CCAP Opt Out Note: MERCHANT may only opt out if MERCHANT validates PCI Compliance with TMS veodorwithin 75 days ofsigning. If at any time MERCHANT is not vali. dated for compliance, MERCHANT will be automatically enrolled In CCAP until such time that MERCHANT restores validation, at which point MERCHANT will again be opted out. MERCHANT declines to participate In the Card Compromise Assistance Plan ("CCAP"), MERCHANT understands that under the terms of the AGREEMENT, MERCHANT is responsible for all expenses, fines, assessments, and penalties that arise in the event that a data breach is suspected or occurs at one or more of MERCHANTS locations. Further, MERCHANT understands and agrees that CCAP assistance will not be available to help pay any of the above mentioned expenses, fines, assessments, or penalties in the event of a suspected or actual data breach at one or more of MERCHANT's locations. MERCHANT acknowledges that despite opting out of CCAP, MERCHANT will still be assessed a PCI Validation Fee. This program is not being offered by BANK. BANK has no responsibility or liability under this program. Merchant Name: L /nom,,, Authori(zed . . �G / 1 /� `�• 1 Title: Date: 5/29/14 Please attach voided check here. TSYS Merchant Solutions, LLC is a registered agent of R St National Bank of Omaha, 1620 Dodge Street, Omaha, NE 68197 800 -853 -9586 4 of 4 r'ensiyaNearek:___. __Aacp¢taza�raup:� gia¢yA.rateYas �._ __MtRN: MCC LMZ„��nalc 7Cw'd: _ AMENtlb1EN7 Ta 7HE t0ERCNAN r , cTla PROC7:3SINCr AGREEMENT 201310 ACF WAIVER ANIEt{f7MEN I THIS Amendment ('AMENDMENT'), by and between FIRST NATIONAL HANK OF OMAt A {'BANK "), TSYS MERCHANT SOLUTIONS, LLC (10), and "MERCHANT", in$ name 0( Which is set out below, shell by,gme effeCtte an the date executed or approved by duly authorized raprasantaftve of BANK. BANK, 7 MS, and MERCHANT shall be collectively known tioreaffer as the "PARTIES." WHEREAS, BANK, TMS, and MERCHANT are PARTIES to a Merchant Tiensact!on Processing Agreement (together with its addenda, attachments, and schedufm shall be hereinafter known as the "AGREEMENT".), under which BANK grid TMS Provide trensac:ton processfng and other Services regard,ng credit card sales transactions ( "SALES "), subject to the terms and conditions more fully not out in AGREEMENT; and WHEREAS, the PARTIES desire to delete the ACCOUNT CI.GSURE FEE as set outin the AGREEMENT. receipt 'and su Ranh In whit consideration of 177a mulual promises made herein, and other valuable cansideratlon, receipt and euftic!ancy of which aro hereby acknowledged, the PARTIES do hereby agree as follows: 1. Terms set forth harain, which are typed in ail capitalized letters and not defined herein, shall have the same meaning as gat out In the AGREEMENT. 2. The PARTIES noros to delete in Its entirety the Account Ctosuro Fee section from the FEES Section of the AGREEMENT, 3. The PARTIES agree to delete all other rcinr Condliions of the AGREEMENT, encas to file ACCOUNT CLOSURE FEE [tune the Terms iri;f 4. This AMENDMENT, together With the AGREEMENT and Its other amendments, attachments, exhibils, end any other representations, Indtucamenis, Promises, or agreeme��� Dot contained hate n Shall e of no force and effect as to transaction processing, S. Except as amended hereby, HANK, TMS, and MERCHANT reaf:irm the. obligations of each as they are contained in the AGREEMENT. IN WITNESS WHEREOF, the PARTIES hareto have caused this AMENDMENT to be executed by their duly authorized representative, effective as of Via date executed or approveo by RANK.. r - 'first National Bank or omaho city nrfinnin Ace ADBRE6S 2p Civic Colt,, plaxe M -13 BANKAUInorixeCl Prim Neme AUiflodzad Pnnt Name TSYS tvtarcrant 3olulions 'I M3 Autnortzcad Stgnatu Print mama � JNDS)� Y MAZNOR CREDFT ANA YST — 201310 ACF Wblvar Mttntlmen4 P;agp 7 of i 0rigi'n'Q9r'9bYce Document; _ Friday, June 06, 2014 IN WITNESS WHEREOF, the parties hereto have executed this Merchant Transaction Processing Agreement /Merchant Application the date and year first above written. ATTEST: CITY OF SANTA /� Maria D. H'aizar 17 Davi avazo Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa E. Storck Assistant City Attorney TSYS MERCHANT INSIGHTS AMENDMENT TO THE MERCHANT TRANSACTION PROCESSING AGREEMENT 201310 TSYS MERCHANT INSIGHTS THIS Amendment ( "AMENDMENT "), by and between FIRST NATIONAL BANK OF OMAHA ( "BANK "), TSYS MERCHANT SOLUTIONS, LLC ( "TMS "), and MERCHANT, the name of which is set out below, shall become effective on the date executed or approved by a duly authorized representative of BANK. BANK, TMS, and MERCHANT shall be collectively known hereafter as the "PARTIES." WHEREAS, BANK, TMS, and MERCHANT are PARTIES to a Merchant Transaction Processing Agreement (together with its addenda, amendments, attachments, and schedules shall be hereinafter known as the "AGREEMENT "), under which BANK and TMS provide processing and other services regarding credit card sales transactions ( "SALES "), subject to the terms and conditions more fully set out in AGREEMENT; and WHEREAS, the PARTIES desire to amend the AGREEMENT as set out below. NOW THEREFORE, in consideration of the mutual promises made herein, and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, the PARTIES do hereby agree as follows: 1. Terms set forth herein in all capitalized letters which are not otherwise defined herein shall have meaning as set out in the AGREEMENT. 2. To the extent TMS is not already a PARTY to the AGREEMENT, the PARTIES agree to amend the AGREEMENT to make TMS a party to the AGREEMENT. BANK will continue to sponsor MERCHANT into the ASSOCIATIONS, retain the responsibllity of settling MERCHANT's SALES, and all other obligations that are required to be retained at BANK by the ASSOCIATIONS. TMS will be responsible for all other responsibilities and obligations to MERCHANT under the AGREEMENT, including but not limited to processing SALES and handling customer service. 3. The PARTIES agree to amend the AGREEMENT by adding the products and services listed below, and MERCHANT agrees to pay the applicable FEES listed below. MERCHANT understands and agrees that the products and services hereunder are offered by Oto Analytics, Inc. d /b /a Womply ( "WOMPLY'), and not by BANK or TMS. TMS, BANK, and their affiliates are in no way responsible for the actions, inactions, performance or nonperformance of WOMPLY, or for disputes or resolving disputes of any kind arising from the products and services provided by WOMPLY. MERCHANT understands and agrees that MERCHANT's access to the products and services hereunder are subject to WOMPLY'S acceptance of MERCHANT as a customer, and MERCHANT's agreement to WOMPLY's End User License Agreement. MERCHANT hereby authorizes TMS and /or WOMPLY to contact MERCHANT via phone, email, facsimile, or mail in regards to the products and services hereunder. TSYS Merchant Insights Essentials: 60 day free trial period. Billed at $19.99 per MID per month if not cancelled 4. This AMENDMENT, together with the AGREEMENT and its other amendments, attachments, exhibits, and schedules, constitutes the entire AGREEMENT between the PARTIES as to transaction processing, and any other representations, inducements promises, or agreements not contained herein shall be of no force and effect as to transaction processing. 5. Except as amended hereby, BANK, TMS, and MERCHANT reaffirm the obligations of each as they are contained in the, AGREEMENT. IN WITNESS WHEREOF, the PARTIES hereto have caused this AMENDMENT to be executed by their duly authorized officers, effective as of the date executed or approved by BANK. First National Bank of Omaha BANK Authorized Signature Title Date TSYS Merchant Solutions, LLC TMS Authorized Signature Print Name Date City of Santa Ana MERCHANT Name MID #: Email Address: MMancha @santa - ana.org Address: 20 Civic Center Plaza M -13 Santa Ana Ca 92701 City, State, Zip Code Authorized Signature Print Name 201310 TSYS Merchant Insights Page 1 of 1 CONFIDENTIAL