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<br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL IhUiANCE EXPIRES <br />~. '-I lOt¡ . <br /><tÞ~ ~i') CLERK O~CO~NCIL <br />ðA~- w . DATE: 11J-iIo3 SECOND AMENDMENT TO AGREEMENT <br /> <br />~ THIS AMENDMENT, made and entered into this J7'" day of June 2003, by and between NEC <br />Business Network Solutions, Inc. ("Vendor") and the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the Constitution and laws of the State of California <br />("City"), collectively referred to herein as "the Parties". <br /> <br />8 <br /> <br />8 <br /> <br />A-2003-113 <br /> <br />RECIIALS <br /> <br />A. The Parties entered into that certain agreement entitled "AGREEMENT BETWEEN THE <br />CITY OF SANTA ANA AND NEC BUSINESS NETWORK SOLUTIONS INC." dated June 26, <br />2001, hereinafter referred to as "said Agreement", for providing telecommunications products and <br />servIces. <br />B. On May 21, 2002, Parties amended said Agreement to provide additional Compensation and <br />services under the terms of said Agreement. <br />C. The City has determined that Vendor is the "sole source" as defined in the Santa Ana Municipal <br />Code for providing telecommunication products and services. <br />D. In part, consideration of entering into this Amendment NEC America Inc., as itself parents and <br />affiliates has guaranteed that components, add-ons and system software, or functional equivalents <br />related to the NEAX 2000 IPS and NEAX 2400 IPX systems will be available to the City for at least <br />ten (10) years from the installation date of said equipment. <br />D. The Parties hereto now desire to amend the Compensation and Terms and Conditions of said <br />Agreement in order to provide continuous uninterrupted service under said Agreement. <br /> <br />WHEREFORE, in consideration of the mutual and respective covenants and promises <br />hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as <br />hereby amended, the parties hereto do hereby agree as follows: <br /> <br />1. Section 1, of said Agreement, pertaining to Terms and Conditions, of said agreement is hereby <br />amended to incorporate "City of Santa Ana Telephone Replacement Schedule" attached hereto as <br />Exhibit D, and incorporated by reference. <br /> <br />2. Section 1, of said Agreement, pertaining to Terms and Conditions, Exhibit A of said agreement is <br />hereby amended to provide that the City will validate for parking only in the lot south of City <br />Hall, for Vendor visits necessary to perform the Scope of Services. <br /> <br />3. Section 1, of said Agreement, pertaining to Terms and Conditions, Exhibit A of said agreement is <br />hereby amended to incorporate into said Agreement NEC America Inc. 2 letters dated April 22, <br />2003, attached hereto and incorporated herein by reference as Exhibit F. <br /> <br />4. Section 3 of said Agreement pertaining to "Compensation", the City agrees to pay, and the <br />Vendor agrees to accept as total payment for its services, an amount not to exceed $250,000.00 <br />per year. Section 3 of said Agreement is hereby amended to reflect an increase in compensation <br />for additional services as defined in Exhibit D of this Second Amendment to said Agreement. <br />Compensation for additional services for the period 26 June 2003 through 25 June 2004 is not to <br />