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HomeMy WebLinkAbout25E - AGMT - MERCHANT PAYMENT SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 16, 2012 TITLE: AGREEMENT AMENDMENT FOR MERCHANT PAYMENT SERVICES WITH TRANSFIRST, LLC 10 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to amend agreement with TransFirst, LLC for the processing of credit card payments in an aggregate limit not to exceed $165,000, during the extension of the Agreement through September, 2012. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for maintaining all banking related services for the City. A component of banking is payment processing. Currently, customers are able to use a credit card to pay City of Santa Ana fees or charges. Acceptance of a credit card as a form of payment involves utilizing a merchant service company to process credit cards through Mastercard or Visa. TransFirst, LLC is the City's merchant service company. TransFirst presents all MasterCard and Visa transactions on behalf of the City for a (discount) fee as dictated in part by MasterCard and Visa. A renewal of the amended agreement with TransFirst, LLC is needed for the processing of credit card payments for a total not to exceed $165,000 annually. FISCAL IMPACT Total contract cost of the agreement is estimated to be $165,000. Funds are available in various department accounts (various 62300). Francisco Gutierrez Executive Director Finance & Management Services Agency 25E-1 25E-2 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT (this "Amendment") is entered into on April 16, 2012, by and between TransFirst Health and Government Services, 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 entered into Consultant Agreement # N-2004-024 dated March 1, 2004 (hereinafter the "Agreement") pursuant to which Consultant has provided credit card payment processing services for City utility bill customers. B. By First Amendment A-2007-051, dated February 20, 2007, the parties agreed that Consultant provide Electronic Bill Payment Processing services, added compensation to pay for services and extended the term of said Agreement. C. By Second Amendment A-2008-198, dated July 7, 2008, and Third Agreement A-2009- , dated April 6, 2009, the parties agreed to extend the term and increase compensation to pay for services during the extended term. D. The parties now wish to again amend the Agreement to document their continued agreement that Consultant will continue to provide payment processing services, add compensation to pay for services during the extended term, and extend the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section La., COMPENSATION, shall be amended to read as follows: "The City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit 1, to the First Amendment to Agreement. The total sum to be expended during the term commencing March 1, 2010, through September 30, 2012, shall not exceed $165,000." Section 2, TERM, shall be amended to extend the termination date to September 30, 2012. In order to provide uninterrupted services, the parties agree that any services provided by Consultant between March 1, 2010 and the date of this Fourth Amendment to Agreement, shall be included within the scope of services of said Agreement. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Signatures on following page 25E-3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney PAUL M. WALTERS Interim City Manager TRANSFIRST HEALTH AND GOVERNMENT SERVICES By: CHRISTY COREY President 25E-4