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A-2010-089 <br />INSURANCE <br />WORK MAV : 440CEED <br />UNTIL INS'.! ?;i `CE EXPIRES <br />CEEB;'. C0UNCIi. <br />SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT, is made and entered into this 7t' day of June 2010, by and between the <br />2 of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />310L Constitution and laws of the State of California ("City") and NEC Corporation of America, a Nevada <br />corporation, ("Vendor"), collectively referred to herein as "the Parties" <br />RECITALS <br />A. The City and NEC Unified Solutions, Inc., now known as NEC Corporation of America, entered into <br />Agreement A-2007-176 dated July 16, 2007, hereinafter referred to as "said Agreement", for <br />providing telephone system maintenance and products. <br />B. Said Agreement was amended June 1, 2009, to extend the term and provide that City may elect to <br />change the number days per week for which Vendor will provide service. <br />C. The Parties hereto now desire to again extend the Term and amend the Scope of Service and <br />Compensation of said Agreement in order to provide continuous uninterrupted service under the <br />Agreement. <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 />1. The City hereby exercises the option set forth in Section 2, "Term", to extend the term for an <br />additional one year period, from July 1, 2010 through June 30, 2011. <br />2. Section 1 of said Agreement, SCOPE OF SERVICES, shall be amended by amending Exhibit A, <br />Section 5.2 - "On-Site Service Technician" (page 12 of 43), to read, in full, as follows: <br />"5.2 On-Site Service Technician <br />The Vendor will provide an NEC and CENTIGRAM certified Service Technician dedicated <br />solely to the City of Santa Ana. This dedicated technician will: <br />• Work on-site at the City of Santa Ana for eight (8) hours per day and forty (40) hours <br />per week. However, City may, with fifteen (15) day prior written notice, change the <br />number of days per week of on-site dedicated technician support, with a corresponding <br />increase/reduction in the System Maintenance Related Charges, as set forth in <br />Attachment A hereto. The City shall retain the right to specify the weekly business days <br />on which the technician will be on-site. <br />Further, the City may, with ten 00) day prior email notification to NEC Area Services <br />Manager, designate one or more days within a given work week for which on-site <br />technician support will not be provided. For each day that on-site support is cancelled a <br />credit will be issued to the System Maintenance Related Charges as set forth in <br />Attachment A. <br />• Be on-call on a twenty-four (24) hour, seven (7) day-a-week, as-needed basis. <br />• Perform repair services on any and all voice communications equipment as directed by <br />the City Telecommunications Coordinator (CTC).