25H - AGMT PHONE SYSTEM MAINTENANCE

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Exhibit 1 THIRD AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. THIS THIRD AMENDMENT to the above -referenced agreement is entered into on June 5, 2018, by and between. NBC --Corporation of America, Inc. ("Vendor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2011-164, effective July 1, 2011 ("Agreement"), by which Vendor agreed to provide telephone system maintenance and equipment for the City's telecommunications systems. The term of the Agreement was for three years, from July 1, 2011 through June 30, 2014, with three additional one-year options exercisable by the City. B. The parties executed First Amendment No. A-2014-162 to exercise the first option and extend the term of the Agreement for an additional one-year period, from July 1, 2014 through June 30, 2015. C. The parties executed Exercise of Second Option No. A-2011-164-01, to extend the term of the Agreement for a second additional one-year period through June 30, 2016. D. By letter No. A-2011-164-02, dated June 1, 2016, the parties extended the term of the Agreement for a final one year period through June 30, 2017. E. The parties executed Second Amendment No. A-2017-138 dated June 6, 2017, by which the term was further extended to June 30, 2018, the scope of services was amended, and the amount to be expended under the Agreement was increased. F. The parties now wish to again extend the term of the Agreement, amend the scope of services, and to adjust the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to read in its entirety: Vendor shall provide on-site labor and support services under the same terms and conditions of the original Agreement in the amount of 32 hours per week, (Monday through Thursday, 8 a.m. through 5 p.m., excluding Fridays). City reserves the right to unilaterally reduce or eliminate services on 30 days' written notice, provided that if City reduces the number of weekly hours below 24, services shall be provided on an as -needed, time and billing basis. Any reduction or elimination of services by City shall result in a proportionate reduction of the payment to the Vendor. Vendor shall be required to provide credit for any sick days only in excess of 10 amorally. In the event of an annual holiday by Vendor, emergency call -out service shall be provided. Hardware replacement shall not be included, but hardware may be purchased from Vendor on an as -available basis. Page 1 of 2 25H-3