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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: 5 <br />0' 1'D <br />for brown <br />FIRST AMENDMENT TO <br />MAINTENANCE AND SUPPORT AGREEMENT <br />N- 2008.050 <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on March 18, <br />2008, by and between CommSys, Inc., an Ohio corporation ( "Commsys') 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 ##A- 2006 -322, dated November 21, 2006, <br />(hereinafter "said Agreement ") by which Commsys has provided software license and <br />maintenance and support for their ConnectClC software products (collectively <br />"Products "). <br />B. In accordance with the terms and conditions of said Agreement, the Parties wish to <br />add CommSys' "ConnectClC -Real Time Data mining solution" to City's system and <br />continue maintenance and support of all software Products provided by CommSys. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />First Amendment to Agreement, the parties agree as follows: <br />1. CommSys and City agree that CommSys will provide its "Connect CIC Real -time <br />Data mining" to run on the system currently licensed to City, as set forth in Exhibit <br />A- 1, attached hereto. Additionally, CommSys, will provide maintenance and support <br />for all CommSys software applications run by City for the term from November 21, <br />2007 through November 20, 2008. <br />2. The Parties agree that City shall pay, and CommSys shall accept, as full payment for <br />the ConnectClC Real -time Data mining site license, a fee of $4,400, as set forth in <br />Exhibit A -1, hereto. Maintenance and Support services shall be provided for an <br />annual fee of $3,000.00. Total fees to be paid to CommSys pursuant to said <br />Agreement during the term from November 21, 2007 through November 20, 2008, <br />shall not exceed $8,000.00. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />