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HomeMy WebLinkAboutTRANSFIRST, LLC f/k/a PAYMENT RESOURCES INTERNATIONAL 1A - 2007A-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, and ending on February 29, 2008, the total sum to be expended under this Agreement shall not exceed 42,000. For each yeaz afrer the fourth anniversary of this Agreement during the term of this Agreement, the total sum to be expended under this Agreement shall not exceed $42,000 per such yeaz." 3. The Agreement is hereby amended to include Exhibit 1 attached to this Amendment as Exhibit 1 to the Agreement. 4. Except as otherwise amended in Sections 1, 2, and 3 above, the Agreement remains in full force and effect in accordance with its terms. 5. This Amendment shall be governed by and construed in accordance with the laws of the State of California. 6. This Amendment may be executed in the original or by facsimile, and/or in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. (signature page follows] EV WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ~. Laura Sheedy Assistant City Attorney DAVID N. RE City Manager TRANSFIR5T, LLC By. ~l.C~..--- Name: ~ ON Title: ~ EXHIBIT 1 InfoSend will submit payment transaction information to Consultant for processing. The prices shown below will be invoiced to the City by Consultant. BILL PRESENTMENT & PAYMENT Set up fee One time bank draft for paper invoice customer Credit Card for paper invoice customer Enrolled EBPP customer bank draft Enrolled EBPP customer credit card $0.00 $0.25 1.52%+ $0.29 for utility discount qualified Visa/MC 2.20%+$0.29 non-utility payment Visa/MC 3.25%+$0.29 for corporate Visa/MC $0.25 1.52%+ $0.29 for utility discount qualified Visa/MC 2.20%+$0.29 non-utility payment 3.25%+$0.29 for corporate cards Additional services not covered in any line items above please describe and include unit pricing for electronic bill presentment and payment services: ACH (bank draft) Non Sufficient Funds Fee $2.00 This fee charged if a customer initiates a bank draft payment but does not have enough money in his account for the debit to go through ACH (bank draftl Credits $0.25 Every time payments are settled and an ACH credit is sent to the City's bank account an ACH credit occurs. This happens once each business day for bank draft payments and once for credit card payment, unless there are no payments to settle that day. CREDIT CARD PROCESSING Unbundled Costs Discount Rate 1.52%+ $0.29 for utility discount qualified Visa/MC 2.20%+$0.29 non-utility payment Visa/MC 3.25%+$0.29 for corporate Visa/MC Maintenance Fees $5.00 per month Batch Fees $0.20 per batch (daily fee) Chargeback Fees $15.00 No terminals will be leased or sold to the City as part of the EBPP system. If the City's existing credit card terminals are down it can use the Consultant's TC Virtual Terminal to initiate payments. The transaction fee for the virtual terminal are the same as the fees outlined in Consultant's Response to RFP, Attachment C & D System Infrastructure Consultant's infrastructure is CISP, PCI and SAS 70 compliant. Due to our size and flexibility we are able to accommodate an aggressive growth schedule while maintaining an unprecedented level of service. With the utilization of Consultant's direct payment processing applications, the credit, debit card and ACH processing capacity of Consultant is beyond the requirements set forth in this RFP. Following is a summary of the services that Consultant provides to its clients: Acceptance of all credit and debit cards • ACH processing • Direct processing of daily deposits by Consultant to City's bank of choice. • Manual and Automatic recurring credit card and ACH payment • Advanced virtual terminal and payment gateway • Stored value, Electronic gift and customer loyalty cards Direct collection via EFT (electronic funds transfer) Issuance of private label co-branded pay cards • Full service Internet development, and e-commerce capability. Additional in-house Services: - Consultant has set superior industry standards by having these critical departments in-house for better quality control. . Customer Service Dept - 24/7 customer service support . Risk Dept. - We oversee all of your transaction activity for greater accuracy in fraud protection. . Terminal Deployment Dept. - All terminal orders are taken care of at our headquarters facility for downloading, testing and shipping. . IT Dept. - For all integration, upgrades, technical assistance and state of the art reporting. KEY STRENGTHS Key stregths of Consultant's proposed solution include: . Project management team with extensive experience in related projects in the public sector. . Proven implementation and conversion methodologies tested and utilized in various public sector projects. . Best of breed electronic payment processing services with a focus on flexible, technology driven payment processing solutions and reconciliatory reporting. . In-house I.T. staff for integration with all prevailing POS technology and software. . Single contact customer support through Consultant with full transaction cycle system access (payment acceptance, payment processing, and depository services). . Visa CISP and PCI Certifications and Compliance. . Offering of multiple payment channels, including over-the-counter, over-the- phone (on-behalf-of), remote terminal, Internet, IVR, and shopping carts. . Transaction and data reporting capabilities, methods, and flexibility. Authorizing Support Consultant supports various authorization methods such as Lease line, dial-up, Internet, frame relay, wireless, debit, check guarantee, electronic check conversion, and stored value cards. These payment methods can be processed on a variety of point-of-sale terminals, software, internet or telephone interfaces. Transaction and Financial Reporting Consultant's Government Services team can tailor a transaction and financial reporting process to make bookkeeping tasks easier and more efficient, including a 'gateway system' for all the City facility locations that enables the financial services staff to view all activity under one account, by sector or district area, or by individual location - online and in print - while still having all facilities report individually. Privacy standards and Assurances-Security standards, including personnel, physical, and information technology~ Consultant maintains CISP, PCI and SAS 70 compliance with regularly scheduled audits. Within this compliance certification, our I.T., operations facilities, employees and general infrastructure are maintained at optimum levels to ensure that the highest level of security and information privacy is maintained as is routinely monitored and audited by the Card Associations. Service level options Consultant can offer for the City operations. Our organization can provide services ranging from simple implementation of P.O.S. terminals/pin pads to software integration. Our in-house I.T. department has extensive experience with the development of payment solutions and their integration into various software platforms. As a full-services electronic transaction processor, we are committed to providing secure services at the forefront of technology. Ability to monitor and help control high-dollar transactions. Consultant's in-house risk department is charged with monitoring account activity and watching for any aberrations in ticket size (too high), volume or any other detail outside of the account specific parameters set forth by the City requirements. Key elements of a transition plan or strategy for taking over the City's electronic payment processing services. Consultant's Government Services team will meet with the City to evaluate the current status and immediate needs and requirements. Furthermore, meeting with the City staff to design a plan of transition to ensure a smooth implementation and assess future integration requirements and possibilities. Additionally, the team will work with the City staff to prepare an implementation and integration timeline. Product installations are carefully planned, tested and scheduled for a smooth and trouble-free rollout, thus ensuring a transition with no downtime. Our training program is available before, during, and after system implementation at no additional cost. Throughout the system launch process, the account is thoroughly reviewed and tested for accuracy. In summary, our Government Services Division (GSD) will: Evaluation We evaluate individual department/agency specifications and requirements. Installation - All installations are planned, tested and scheduled at your Department's convenience for smooth and trouble free rollouts insuring seamless transitions with no down time. Training _ Training is available upon request before, during and after rolloul of the account. Launch _ New accounts are thoroughly reviewed and tested for accuracy before and after rollouts. Training will be provided directly to department heads/staff with on-site hand-on training, training manuals, on-line resources and ongoing training detail as necessary. Initial training will be based upon review of municipal systems and staff infrastructure. Typical training is usually over a two week period or as necessary to insure proficiency.