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FOURTH AMENDMENT TO AGREEMENT <br />THIS FOURTH AMENDMENT TO AGREEMENT (this "Amendment") is entered into <br />on April 16, 2012, 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 State of <br />California ("City"). <br />RECITALS: <br />A. The City and Consultant entered into Consultant Agreement # N-2004-024 dated March 1, <br />2004 (hereinafter the "Agreement") pursuant to which Consultant has provided credit card <br />payment processing services for City utility bill customers. <br />B. By First Amendment A-2007-051, dated February 20, 2007, the parties agreed that <br />Consultant provide Electronic Bill Payment Processing services, added compensation to pay <br />for services and extended the term of said Agreement. <br />C. By Second Amendment A-2008-198, dated July 7, 2008, and Third Agreement A-2009- , <br />dated April 6, 2009, the parties agreed to extend the term and increase compensation to pay <br />for services during the extended term. <br />D. The parties now wish to again amend the Agreement to document their continued agreement <br />that Consultant will continue to provide payment processing services, add compensation to <br />pay for services during the extended term, and extend the term of said Agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section La., COMPENSATION, shall be amended to read as follows: <br />"The City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges set forth in Exhibit 1, to the First Amendment to Agreement. The <br />total sum to be expended during the term commencing March 1, 2010, through <br />September 30, 2012, shall not exceed $165,000." <br />Section 2, TERM, shall be amended to extend the termination date to September 30, <br />2012. In order to provide uninterrupted services, the parties agree that any services <br />provided by Consultant between March 1, 2010 and the date of this Fourth Amendment <br />to Agreement, shall be included within the scope of services of said Agreement. <br />3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br />Signatures on following page <br />25E-3