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,~ ri til,,,,~,, p . '.XPIRES <br />y-/-~ .._ ~_._----- <br />•G.E l;t.` ~t J C~ . <br />l'al ;; ••%~ ~ "`'' AGREEMENT BETWEEN THE CI'TE' llF SANTA ANA <br />,•.. ~ AND <br />wrl Ma°'~ic, C2~j NEC UNIFIED S(1LIiT(()N~S, TivC. <br />A-2007-176 <br />i!-11'~> AE;;REf~iv1ENT is made and entered into this 16"' da; of July, 207, by and bei~Neen the City of <br />Santa Ana, a charter city ar_d municipal corporation duly organized and existing and-r vhadaonstihrtion <br />aac! ;aws oT the State of California ("City"~ and NEC Unified Solutions, Tnc., a =f~xa~- corporation <br />! "'v enG~~r"}. <br />~F.CITALS <br />A. 'The t;`ity desires to retain a consultant ha~2ng special skill and knowledge in the Meld of <br />'ei~°~_oritinur.ieations products and sen~ices as outlined. in the RFk' "'T'ELEPHONE SYSTEM <br />!~1AfiVTEN~INCF. FOR THE CITY Olr~ SANTA ANA" <br />B. Vendor represents that Vendor is able and willing to provide such services to the City <br />C. In under~.aking the performance of this Agreement, Vendor represents that it is knowledgeable in <br />its field and that any services performed by Vendor under this Agreement will be performed in compliance <br />with such standards <br />TIlE1ZE3FORE, in consideration of their mutual end respective promises, the parties hereto do <br />hereby agreK as follows: <br />~cg e of Services <br />___~~_ <br />'fhe scope of services and deliverables are fully described in Part 5 of the City's Request For <br />Qrol;o:;ai `'TELEPHONE SYSTEM 1~iAIN'TENANCE FOR THE CITY OF SANTA ANA," dated April <br />?6, ?001 (hereinafter "said RFP"), attached hereto as '`Exhibit A'~, and incorporated by reference. All <br />t.errrts ar~d conditions set forth in said 12FP shall have lull force and effect in this A.greemeni. <br />`I he terms and conditions set forth in the Vendor's "Proposal for Telephone System Maintenance <br />Services to the C~-ty of Santa Ana", dated May, 17 200"r -revised July 5, 2007 (hereinafter "said <br />Proposal") shall ha~'e full force and effect i.n this ~~greement. Said terms and conditions are attached <br />hereto as "f;xhibit B", and incorporated herein by reference. <br />Term <br />This services provided pursuant to this Agreerrierit shall commence on July 1, ?007 and ternittate <br />on sang ?0, .2.009, unless terrninaied earlier in accordance with Sect;on 8, belotiv. the City ,hail. have the <br />optic7n to extend the terra of This for two additional o~te-year terms- <br />3. Cor~:pensation <br />(~ity ,.rgr-ees to ;gay. and Vendor agrees to accept a total payment to::its services, the rates and <br />cl>>ar~e~ ider:~.ified in Exhibit B. The total suns to be expended under -this Agreement shall not c;xceed <br />~~>;~~ti_?Gti. annually. during the terra of this Agreement. <br />4. Insurance <br />'rior to utrdertaking performance of work under this ,agreement. Vendor shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described belo~~: <br />Page 1 of 43 <br />