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INSURANCE NO- (A PILE <br />WORK MAY UT PROCEED <br />CLERK OF COUNCIL <br />DATE. AL .2 4 2Q12 FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT is entered into this 18?' 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 />Z <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 />A-2012-140