NEC COORPORATION OF AMERICA, INC.

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INSURANCE NOT ON FILE A-2018-145 WORK MAY NOT PROCEED CLERK OF COUNCIL; DATE: JUL 0 2 2018 k �r G 2 FM r THIRD AMENDMENT TO AGREF ENT W1 II MC CORPORATION OF AMERICA JNC, THIS THIRD AMENDMENT to the above -referenced agreement is entered into on June 5, 2018, by and between NEC Corporation of America, Inc, f"Vendors% and. the City of Santa. Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State of California C'City"), Mi CYI'ALS A. The parties entered into Agreement No. A-2011-164, effective July 1, 2011 C Agreement"), by which Vendor agreed to provide telephone system maintenance and equipment for the City's telecommunications systems. The term of the Agreement was for three years, from July 1, 2011 through June 30, 2014, with three additional one-year options exercisable by the City: 13. The parties executed First Amendment No. A-2014.162 to exercise the first option and extend the term ofthe Agreement for an additional one-year period, from July 1, 2014 through June 30, 2015. C. The parties executed Exercise of Second Option No, A-2011-164-01, to extend the term of the Agreement for a second additional one -yam period duough June 30, 2016; D. By letter No, A-2011-164-02, dated June 1, 2016 the parties extended the term of the Agreement for a final one year period through June 30, 2017. E. The parties executed Second Amendment leo. A-2017-139 dated June 6, 2017„ by which the term was further extended to June 30, 2018, the scope of services was amended, and the amount to be expended under the Agreement was increased. F. The parties now wish to again extend the term of the Agreement, amend the scope of services, and to adjust the amo twit to be expensed under the Agreement. The Parties therefore agree. 1. Section 1, Scope of Services, is amended to read in its entirety; Vendor shall .provide on-site labor and support services under the same terms and conditions of the original Agreement in the amount of 32 hours per week, (Monday through Thursday, 8 am. through 5 p.m.; excluding Fridays), City reserves the right to unilaterally reduce or eliminate services on 30 days' written notice, provided that if City reduces the number of weekly hours below 24, services shall be provided on an as -needed, time and billing basis, Any reduction or elimination of services by City shall result in a proportionate reduction of the payment to the Vendor. Vendor shall be rcNuired to provide credit for tory sick mays only in excess of 10 annually. In the event of an annual holiday by Vendor, emergency call -out service shall be provided. Hardware replacement shall not be included, but hardware may be purchased from Vendor on an as»available basis. Page r of 2