25G - AGMT - BILL PRINT AND PAYMENT SRVS

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FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into this 18th day of June, 2012, by and between InfoSend, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement 4 A-2007-050, dated February 20, 2007, (hereinafter "said Agreement") by which Consultant has provided municipal bill printing and mailing services and electronic bill presentment and payment services. B. Said Agreement was subsequently amended by agreement of the parties on March 27, 2008, July 7, 2008, April 6, 2009 and September 20, 2010, in order to extend the term, add compensation to pay for services and provide a method to adjust the per unit printing and mailing prices. C. In accordance with the terms and conditions of said Agreement, the parties wish to again amend said Agreement to extend the term for an additional two-year period 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 Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation, providing for two additional years of service in an annual amount of $230,000 during the term from February 29, 2012 through February 28, 2014. 2. Section 3, TERM, shall be amended to extend the term for an additional two-year period commencing February 29, 2012 and terminating February 28, 2014, unless terminated earlier in accordance with Section 12 of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25G-3