STRATUS TECHNOLOGIES IRELAND, LTD 2A - 2008

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INSURANCE NOT REQUIRED N- 2007 - 129 -01 WORK MAY PROCEED CLERK OF COUNCIL IRE220279 DATE: ?- 1'1 -06 g. `per FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 26, 2008, by and between Stratus Technologies Ireland Limited ( "STRATUS ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY "). RECITALS: A. The parties entered into Agreement # N- 2007 -129, dated October 30, 2007, (hereinafter "said Agreement ") by which STRATUS has provided computer server maintenance for the CITY's Fire Department. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one -year period and increase compensation to pay for services during the extended term. 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: 1. STRATUS will continue to provide support and maintenance for CITY's Fire Department servers during the extended term through June 30, 2009. 2. CITY agrees to pay and STRATUS agrees to accept as total payment for its maintenance services, the rates and charges set forth in Exhibit A -1, attached to this First Amendment to Agreement and incorporated by this reference. Total compensation pursuant to said Agreement shall not exceed $25,000, annually, during the term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. PATRICIA E. HEALY Clerk of the Council Signatures continued on next page CITY OF SANTA ANA DAVID N. REAM w City Manager