TRANSFIRST, LLC f/k/a PAYMENT RESOURCES INTERNATIONAL 1A - 2007

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