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CONSULTANT AGREEMENT <br />THIS AGREEMF.,NT, dated as of this _ day of _ 2014 by and <br />between TransFirst, LLC, (hereinafter "Consultant "), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City "). The parties acknowledge the existence of that Consulting <br />Agreement between the City and PRI dated March 1, 2004 (with all amendments, the "Prior <br />Agreement "). TransFirst assumed the Prior Agreement through its acquisition of PRI. With the <br />execution of this Consulting Agreement the parties agree the Prior Agreement shall terminate <br />and this Consulting Agreement shall supersede the Prior Agreement in its entirety. <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 pursuant to the Prior Agreement and <br />intends this Agreement to cover payment for prior unpaid services commencing as of <br />October 1, 2013 and to cover payment processing services going forward. <br />C. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />D. The parties agree this Consulting Agreement and all attachments shall govern the <br />merchant accounts in existence as of the date of execution (such accounts include: <br />41399800818517; 41399800822550 ;41399800818822;41399800818830; <br />41399801.138592) and any new merchant accounts that may be established in the <br />future. <br />E. 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 firm in the field. <br />F. The City acknowledges and agrees that in the event of a conflict or inconsistency <br />between the terms and conditions of this Agreement and the Merchant Card <br />Processing Agreement, the terms of the Merchant Card Processing Agreement shall <br />control. <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 />25C -4 <br />