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