TRANSFIRST LLC 2 - 2014 - Laserfiche WebLink

Home Browse Search

Y INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DAT" AN 1 8 2014, A -2014 -071 CONSULTANT AGREEMENT THIS AGREEMENT, dated as of this � � da of 2414 by and V between TransFirst, LLC, (hereinafter "Consultant "), and the City of Santa Ana, a charter city t1 and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), The parties acknowledge the existence of that Consulting Agreement between the City and PRI dated March 1, 2004 (with all amendments, the "Prior Agreement'). TransFirst assumed the Prior Agreement through its acquisition of PRI. With the execution of this Consulting Agreement the parties agree the Prior Agreement shall terminate and this Consulting Agreement shall supersede the Prior Agreement in its entirety. RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of payment processing. B. The City acknowledges that it has received prior payment processing services from Consultant prior to the date of this Agreement pursuant: to the Prior Agreement and intends this Agreement to cover payment for prior unpaid services commencing as of October 1, 2013 and to cover payment processing services going forward. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. The parties agree this Consulting Agreement and all attachments shall govern the merchant accounts in existence as of the date of execution (such accounts include: 41399800818517; 41399800822550 ;41399800818822;41399800818830; 41399801138592) and any new merchant accounts that may be established in the future. E, In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected frorn a professional consulting firm in the field. F. The City acknowledges and agrees that in the event of a conflict or inconsistency between the terms and conditions of this Agreement and the Merchant Card Processing Agreement, the terns of the Merchant Card Processing Agreement shall control. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: