HomeMy WebLinkAbout25E - AGMT - MERCHANT PAYMENT SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 15, 2012
TITLE:
AMENDMENT TO AGREEMENT FOR
MERCHANT PAYMENT SERVICES WITH
TRANSFIRST, LLC
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached fifth amendment
to agreement with TransFirst LLC, approving compensation not to exceed $165,000 annually, for
two one-year terms commencing October 1, 2011 and continuing through September 30, 2013.
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. TransFirst presents MasterCard and Visa transactions on behalf of the City for a
(discount) fee as dictated in part by MasterCard and Visa. An amendment approved in April
2012 provided for the agreement to continue through September, 2012. However, clarification
regarding the period in which funding was requested for is needed. We are seeking funding for
the prior term from October, 2011 through September, 2012 in addition to the extended term
through September, 2013. 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
Funds are budgeted and available in various department accounts (various -62300).
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT (this "Amendment") is entered into on
October 1, 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 both credit
card and electronic payment processing services for City utility bill customers.
B. By Amendments A-2007-051, dated February 20, 2007; A-2008-198, dated July 7, 2008; and
A-2009- 038, dated April 6, 2009, the parties extended the term of said Agreement and added
compensation to pay for services during the extended term.
C. The Parties wish to clarify their intent that Amendment A-?_012-082, dated April 16, 2012,
extended the term and provide compensation in an annuai amount of $165,000 during the two
year term of said Amendment.
D. The parties now wish to amend the Agreement to extend the term and provide compensation
to pay for services during the extended term.
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 Fifth Amendment to
Agreement, the parties agree as follows:
Section La., COMPENSATION, shall be amended to provide compensation in an annual
amount of One Hundred Sixty-Five Thousand Dollars ($165,000.00) for services
provided during the term from October 1, 2011 through September 30, 2013.
Section 2, TERM, shall be amended to extend the termination date to September 30,
2013.
3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain
in full force and effect.
Signatures on following page
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IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement
on the date and year first written above.
ATTEST:
C I i' f OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
PAUL M. WALTERS
City Manager
TRANSFIRST HEALTH AND
GOVERNMENT SERVICES
Bv:
Cf-IRISTY COREY
President
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