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A-2007-051 <br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: 12 -I q- o ~ <br />M; ~ of\A. <br />FIRST AMENDMENT TO <br />CONSULTANT AGREEMENT <br />THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT (this <br />"Amendment") is entered into on February 20, 2007, by and between TransFirst, LLC <br />("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of California ("City"). <br />RECITALS: <br />A. The City and Consultant (as assignee of Payment Resources International) entered <br />into that certain Consultant Agreement # N-2004-024 dated March 1, 2004 <br />(hereinafter the "Agreement") pursuant to which Consultant has provided certain <br />credit cazd payment processing services for City utility bill customers. <br />B. In accordance with the terms and conditions of the Agreement, the parties wish to <br />amend the scope of services provided by Consultant under the Agreement to include <br />the acceptance and processing of payments through the City's Electronic Bill <br />Payment Processing program administered by InfoSend, Inc. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of <br />which are hereby acknowledged and confessed, the parties agree as follows: <br />1. Section 17 SCOPE OF SERVICES is hereby amended to include the following under <br />the heading "PRI OBLIGATIONS": <br />``Consultant shall accept payment of City customer utility bills, and other payments as <br />approved by City, through electronic credit card payments and/or through ACH (bank <br />draft) processing, at the rates and charges set forth in Exhibit 1 attached hereto. <br />Consultant will provide to City's bill presentment and payment contractor, InfoSend, <br />Ina ("InfoSend") a secure payment platform via the Internet. When a City customer <br />first enters its payment account information, the data will be transmitted to Consultant <br />for storage. Consultant's system will return a reference token that InfoSend will store <br />and continue to utilize when instructing Consultant to initiate a payment. In <br />connection with this Section, Consultant will process all payments and settle funds <br />each business day. Funds will be credited directly to the City's bank account using <br />ACH." <br />2. The second sentence of Section l.a. COMPENSATION is hereby deleted in its <br />entirety and replaced with the following: <br />"The total sum to be expended under this Agreement for the period beginning on the <br />date hereof and ending on the third anniversary thereof shall not exceed $10,000 per <br />year during the term of this Agreement. For the period beginning on March 1, 2007, <br />