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A-2017-138
<br />SECOND AMENDMENT TO AGREEMENT
<br />WITH NEC CORPORATION OF AMERICA INC.
<br />THIS SECOND AMENDMENT to the above -referenced agreement is entered into on June 6,
<br />2017, by and between NEC Corporation of America, Inc. ("Vendor"), and the City of Santa Ana,
<br />a charter city and municipal corporation organized and existing under the Constitution and laws
<br />of the State of California ("City"),
<br />C. The parties executed an Exercise of Second Option #A-2011-164-01, to extend the term of
<br />the Agreement for a second additional one-year period through June 30, 2016.
<br />D. By letter #A-2011-164-02, dated June 1, 2016, the parties extended the term of the Agreement
<br />for a final one year period through June 30, 2017.
<br />E. The parties now wish to further extend the tern of the Agreement, amend the scope of services
<br />and to increase the amount to be expended under the Agreement.
<br />The Parties therefore agree,
<br />1. Section 1, Scope of Services, is amended such that the City reserves the right to unilaterally
<br />reduce or eliminate services, including but not limited to, the level of technician coverage.
<br />The reduction or elimination of services shall result in a proportionate reduction of the
<br />payment to the Vendor.
<br />2. Section 2, Term, is amended to extend the Agreement for an additional one-year period
<br />beginning July 1, 2017, and ending June 30, 2018.
<br />3. Section 3, Compensation, is amended to include an additional $184,235 for services to be
<br />performed by the Vendor. The rates and charges are identified in Exhibit A and incorporated
<br />by reference to this Agreement.
<br />4. Except as modified by this Second Amendment, and all prior Amendments and extensions,
<br />all terns and conditions of the Agreement shall remain in full force and effect.
<br />Page 1 of 2
<br />RECITALS
<br />A.
<br />The parties entered into Agreement #A-2011-164, effective July 1, 2011 ("Agreement"), by
<br />which Vendor agreed to provide telephone system maintenance and equipment for the City's
<br />telecommunications systems. The teryn of the Agreement was for three years, from July 1,
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<br />2011 through June 30, 2014, with three additional one-year options exercisable by the City.
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<br />The parties executed a First Amendment #A-2014-162 to exercise the firsti
<br />option and extend the
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<br />term of the Agreement for an additional one-year period, from July 1, 2014 though June 30, 2015.
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<br />C. The parties executed an Exercise of Second Option #A-2011-164-01, to extend the term of
<br />the Agreement for a second additional one-year period through June 30, 2016.
<br />D. By letter #A-2011-164-02, dated June 1, 2016, the parties extended the term of the Agreement
<br />for a final one year period through June 30, 2017.
<br />E. The parties now wish to further extend the tern of the Agreement, amend the scope of services
<br />and to increase the amount to be expended under the Agreement.
<br />The Parties therefore agree,
<br />1. Section 1, Scope of Services, is amended such that the City reserves the right to unilaterally
<br />reduce or eliminate services, including but not limited to, the level of technician coverage.
<br />The reduction or elimination of services shall result in a proportionate reduction of the
<br />payment to the Vendor.
<br />2. Section 2, Term, is amended to extend the Agreement for an additional one-year period
<br />beginning July 1, 2017, and ending June 30, 2018.
<br />3. Section 3, Compensation, is amended to include an additional $184,235 for services to be
<br />performed by the Vendor. The rates and charges are identified in Exhibit A and incorporated
<br />by reference to this Agreement.
<br />4. Except as modified by this Second Amendment, and all prior Amendments and extensions,
<br />all terns and conditions of the Agreement shall remain in full force and effect.
<br />Page 1 of 2
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