COMMSYS, INC. 1B - 2009 - Laserfiche WebLink

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N -2009 -023 SECOND AMENDMENT TO MAINTENANCE AND SUPPORT AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 3, 2009, by and between CommSys, Inc., an Ohio corporation ( "Commsys ") 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 #A- 2006 -322, dated November 21, 2006, (hereinafter "said Agreement ") by which Commsys has provided software license and maintenance and support for their ConnectCIC software products (collectively "Products "). B. The Parties entered into the First Amendment to Agreement, dated March 18, 2008, providing additional applications software and extending the term of maintenance and support. C. CommSys has continued to provide maintenance and support based on the Parties' oral agreement. D. The Parties now wish to set forth, in writing, their agreement that CommSys will continue to provide maintenance and support of all software Products provided by CommSys. 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. CommSys and City agree that CommSys, will provide maintenance and support for all CommSys software applications run by City for the term from November 1, 2008 through October 31, 2009. The parties may extend the term of maintenance and support for successive one -year terms upon the mutual agreement of the parties. 2. Maintenance and Support services shall be provided for an annual fee of $4,000.00. Total fees to be paid to CommSys pursuant to said Agreement during the term from November 1, 2008 through October 31, 2009, shall not exceed $4,000.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect.