FULL PACKET_2010-06-07_WITHOUT ITEM 80A

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SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT, is made and entered into this 7~' day of June 2010, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and NEC Unified Solutions, Inc., a Nevada corporation ("Vendor"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into Agreement A-2007-176 dated July 16, 2007, hereinafter referred to as "said Agreement", for providing telephone system maintenance and products. B. Said Agreement was amended June 1, 2009, to extend the term and provide that City may elect to change the number days per week for which Vendor will provide service. C. The Parties hereto now desire to again extend the Term and amend the Scope of Service and Compensation of said Agreement in order to provide continuous uninterrupted service under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The City hereby exercises the option set forth in Section 2, "Term", to extend the term for an additional one year period, from July 1, 2010 through June 30, 2011. 2. Section I of said Agreement, SCOPE OF SERVICES, shall be amended by amending Exhibit A, Section 5.2 - "On-Site Service Technician" (page 12 of 43), to read, in full, as follows: "5.2 On-Site Service Technician The Vendor will provide an NEC and CENTIGRAM certified Service Technician dedicated solely to the City of Santa Ana. This dedicated technician will: • Work on-site at the City of Santa Ana for eight (8) hours per day and forty (40) hours per week. However, City may, with fifteen (15) day prior written notice, change the number of days per week of on-site dedicated technician support, with a corresponding increase/reduction in the System Maintenance Related Charges, as set forth in Attachment A hereto. The City shall retain the right to specify the weekly business days on which the technician will be on-site. Further the City may with ten (10) day_prior email notification to NEC Area Services Mana eg r designate one or more days within a given work week for which on-site technician support will not be provided For each daX that on-site support is cancelled a credit will be issued to the System Maintenance Related Charges, as set forth in Attachment A. • Be on-call on a twenty-four (24) hour, seven (7) day-a-week, as-needed basis. • Perform repair services on any and all voice communications equipment as directed by the City Telecommunications Coordinator (CTC). • Be available, when not responding to particular requests for repair services, to provide as-needed MAC services as directed by the CTC. 25B-3