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IN IJFANCE Nt?T t? t= J <br />01 CLERK COUNUL <br />-W7 lb-:0 -12 <br />FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT (this "Amendment") is entered into on <br />October 1 2012, by and berween 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 />RECI"CA1S <br />A. The City and Consultant entered into Consultant Agreement r: x7 2004-02.) dated Match t, <br />20o4 (hereinafter the "Agreement") pursuant to which Consultant has provided both credit <br />card and electronic payment processing services for City utility bill customers. <br />EL 8y Amendments A-240?-051, dated February 20,704''+: A-2409.198, dated 1oly '. 2005: and <br />A-2009- 035, dated Apri! 6, 2009, the parties extended the terns of said ,Agreement and added <br />compensation to pay for services during ttie extended term <br />C. The parties wish to clarify their intent that Amendment A-"-032-082, dated Aprit 16, 2012, <br />extended the term and provide compensation in an annwti amount of $165,000 during the two <br />year ternn of said Amendment. <br />D, The parties now wish to amend the Agreement to extend the term and provide compensation <br />to pay for services during, the extended term <br />WHEREFORE, in consideration of the covenants contained in said ,Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Fifth Amendment to <br />Agreement, the parties agree as folhsws. <br />Section i.a., COMPENSATION. shall be amended to provide compensation in an annual <br />amountofOne Hundred Sixty-Five Thousand Dclfars($!65,000.00) for services <br />provided during the term from October 1, 20t 1 through September 10. 2013. <br />Section 2, TERM, shall be amended to extend the termination date to September 30, <br />2013 <br />3. Except as hereinabove modified, all terms and ennt annis orsa:d Agreement shall remain <br />in full force and effect. <br />Slgnafures erne (ollowakV fxtge <br />A-2012-220 <br />25E-3