STRATUS TECHNOLOGIES IRELAND, LTD 2B - 2009

Home Browse Search

N- 2007 - 129 -02 i16URANCE Noy REQUIRED IRE220549 WORK MAY PROCEED CLERK OF COUNCIL DATE., JUL 2 12009 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 22, 2009, 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 4 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. The parties entered into a First Amendment to Agreement 4N- 2007129 -01, dated June 26, 2008, which extended the term of said Agreement for an additional one -year term through June 30, 2009, and increased compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties hereby wish to extend the term for an additional one -year period, delete one server from the scope of services, and decrease 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 Second 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, 2010. 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 Second Amendment to Agreement and incorporated by this reference. Total compensation pursuant to said Agreement shall not exceed $12,144.00 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.