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CONSULTANT AGREEMENT <br />THIS AGREEMENT, dated as of this day of January 2014 by and between <br />TransFirst, LLC, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />payment processing. <br />B. The City acknowledges that it has received prior payment processing services from <br />Consultant prior to the date of this Agreement and intends this Agreement to cover <br />payment for prior unpaid services commencing as of October 1, 2013. <br />C. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />D. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting finn in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform credit card processing services according to the rates set forth in <br />Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $ 70,000.00 annually during the term of this Agreement. For <br />purposes of computing the 12 -month period, the City acknowledges invoices for services <br />rendered from October 1, 2013 through the effective date of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />Exhibit A <br />25C -4 <br />