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A-2020-124 <br />D cU. 0HAiNCE OppppkgN���,FILE <br />iKr�TY; OCDE 7V309-1 DAA-4C93-8A68-OAF9531 C06F3 <br />4- ��yp <br />CLERK OF COUNCIL <br />.TF <br />r1; IT90i , FOURTH AMENDMENT TO AGREEMENT <br />WITH NEC CORPORATION OF AMERICA, INC. <br />THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on June 16, <br />2020, by and between NEC Corporation of America, Inc. ("Vendor"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. The parties entered into Agreement No. A-2011-164, effective July 1, 2011 ("Agreement"), <br />by which Vendor agreed to provide telephone system maintenance and equipment for the <br />City's telecommunications systems. The term of the Agreement was for three years, from <br />July 1, 2011 through June 30, 2014, with three additional one-year options exercisable by <br />the City. <br />B. The parties executed First Amendment No. A-2014-162 to exercise the first option and extend the <br />term of the Agreement for an additional one-year period, from July 1, 2014 through June 30, 2015. <br />C. The parties executed Exercise of Second Option No. A-2011-164-01, to extend the term of <br />the Agreement for a second additional one-year period through June 30, 2016. <br />D. By letter No. A-2011-164-02, dated June 1, 2016, the parties extended the term of the Agreement <br />for a final one year period through June 30, 2017. <br />E. The parties executed Second Amendment No. A-2017-138 dated June 6, 2017, by which the <br />term was further extended to June 30, 2018, the scope of services was amended, and the amount <br />to be expended under the Agreement was increased. <br />F. The parties executed Third Amendment No. A-2018-145 dated June 5, 2018, by which the term <br />was further extended to June 30, 2019, the scope of services was amended, and the amount to be <br />expended under the Agreement was increased. <br />G. By letter No. A-2011-164-03, dated May 16, 2019, the parties extended the term of the <br />Agreement for an additional one-year period through June 30, 2020. <br />H. The parties now wish to again extend the term of the Agreement, amend the scope of services, <br />and to adjust the amount to be expended under the Agreement. <br />The Parties therefore agree: <br />1. Section 1, Scope of Services, is amended to read in its entirety: <br />Vendor shall provide on -site labor and support services under the same terms and <br />conditions of the original Agreement in the amount of 32 hours per week, (Monday <br />through Thursday, 8 a.m. through 5 p.m., excluding Fridays). City reserves the <br />right to unilaterally reduce or eliminate services on 30 days' written notice, <br />Page t oF3 <br />