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SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is <br />entered into on July 7, 2008, by and between TransFirst Health and Government <br />Services, LLC ("Consultant") and the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ("City"). <br />RECITALS: <br />A. The City and Consultant entered into that certain Consultant Agreement # N-2004- <br />024 dated March 1, 2004 (hereinafter the "Agreement") pursuant to which Consultant <br />has provided certain credit card payment processing services for City utility bill <br />customers. <br />B. In accordance with the terms and conditions of the Agreement, the parties wish to <br />extend the term of said Agreement in order to provide continuous uninterrupted <br />services. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of <br />which are hereby acknowledged and confessed, the parties agree as follows: <br />1. Section l.a., COMPENSATION, shall be amended to read as follows: <br />"The total sum to be expended under this Agreement for the period commencing <br />March 1, 2008 and ending February 28, 2009, shall not exceed $60,000.00." <br />2. Section 2, TERM, shall be deleted in its entirety and replaced with the following: <br />"This Agreement shall commence on March 1, 2004 and terminate on February <br />28, 2009, unless terminated earlier in accordance with Section 10, below. The <br />term of said Agreement may be extended upon a writing executed by the <br />Executive Director of Finance and Management Services and the City Attorney." <br />3. Except as hereinabove modified, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />[signature page follows) <br />25U-4 <br />