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t;f3Ar�;e F��_ <br />�, €; A- 2011 -164 <br />V )RK %Y PROCEEC <br />rIIINC� EXPI 0 <br />i K CF CCUNC' +L <br />t\ AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />t AND <br />NEC Corporation of America, Inc. <br />THIS AGREEMENT, is made and entered into this 20`x' day of June, 2011, by and between the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California ( "City") and NEC Corporation of America, Inc. <br />( "Vendor "), collectively referred to herein as "the Parties ". <br />RECITALS <br />City A. The desires to retain a Vendor having special skill and knowledge to provide full - service <br />� <br />maintenance for the City's NEC Telephone System network as outlined in the RFP <br />"QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM AND /OR <br />VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA" <br />B. Vendor represents that Vendor is able and willing to provide such services to the City <br />C. In undertaking the performance of this Agreement, Vendor represents that it is <br />knowledgeable in its field and that any services performed by Vendor under this Agreement <br />will be performed in compliance with such standards <br />THEREFORE, in consideration of their mutual and respective promises, the parties hereto <br />do hereby agree as follows: <br />Scope of Services <br />The scope of services and deliverables are fully described in Section 5 Part A of the City's <br />Request for Proposal: "QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM <br />AND /OR VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA ", dated <br />May 2, 2011 (hereinafter "said RFP "), attached hereto as "Exhibit A ", and incorporated by <br />reference. All terms and conditions set forth in said RFP shall have full force and effect in this <br />Agreement. <br />The terms and conditions set forth in the Vendor's "Proposal for Qualified Vendors to <br />Provide Telephone System and /or Voicemail System Maintenance for the City of Santa Ana ", <br />May 19, 2011, shall have full force and effect in this Agreement. Said terms and conditions are <br />attached hereto as "Exhibit B ", and incorporated herein by reference. <br />2. Term <br />The services provided pursuant to this Agreement shall commence on July 1, 2011 and <br />terminate on June 30, 2014, unless terminated earlier in accordance with Section 8, below. The <br />City shall have the option to extend the term of this Agreement for three additional one -year terms. <br />Compensation <br />City agrees to pay, and Vendor agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not <br />