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. INsU~n'Wf NOT REQUIR([J W(lll~, MAY FI1QCEED CLERK OF COUNCIL DATE: 51 ~II b ~ 0, fl)\S (jJ , ;) Lj...~ . A-2006-090 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on April 17, 2006, by and between ASAP Software ("Vendor") and the City of Santa Ana, a charter city and municipal corporation of the State of Cali fomi a ("City"). RECITALS: A. The parties entered into Agreement A-2004-141, dated July 19,2004, (hereinafter "said Agreement") by which Vendor has provided computer anti-virus software and services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide an additional level of computer support and increase compensation to pay for additional support. 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 First Amendment to Agreement, the parties agree as follows: I. Section 2, Scope of Services, shall be deleted in its entirety and replaced with the following: "Vendor shall provide anti-virus software and services from Trend Micro, Inc., as defined in Exhibits A, B, C and D to said Agreement. During the term from June I, 2006 through August 31, 2008, Vendor shall provide "Priority Advantage 24x7" support for the Trend Micro anti-virus software, as set forth in Exhibit E, attached to this Amendment to Agreement." 2. Section 3, Compensation, shall be deleted in its entirety and replaced with the following: "3.a. The City will pay to Vendor, the rates and charges set forth in Exhibit D to said Agreement. For the Priority Advantage 24x7 support, City will pay an additional sum, as set forth in Exhibit F, attached hereto. Total compensation for software and support shall not exceed $70,000 during the term of said Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect.