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THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT (this "Amendment") is entered <br />into on Apri16, 2009, by and between TransFirst Health and Government Services, LLC <br />("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the <br />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 City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges set forth in Exhibit 1, to the First Amendment to <br />Agreement. The total sum to be expended under this Agreement shall not exceed <br />$60,000.00, annually." <br />Section 2, TERM, shall be amended to extend the termination date to February <br />28, 2010. In order to provide uninterrupted services, the parties agree that any <br />services provided by Consultant between March 1, 2009 and the date of this Third <br />Amendment to Agreement, shall be included within the scope of services of said <br />Agreement. <br />3. Except as hereinabove modified, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />Signatures on following page <br />25F-4 <br />