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~stJRANCE ON FILE <br />wORK I',',^¥ PROC££D <br />UNTIL I~SU~'~CE E×PII~ES <br /> <br /> DATE: ~" 2~ ~ ~ <br /> <br />AMENDMENT TO PERFORMANCE SERVICE AGREEMENT <br /> <br /> THIS AMENDMENT, made and entered into on this 5 th day January, 2004, by and between <br />Siemens Building Technologies, Inc., a Delaware Corporation ("Contractor") and the City of Santa <br />Ana, a charter city and municipal corporation duly organized and existing under the Constitution <br />and laws of the State of California ("City"), collectively referred to herein as "the Parties". <br /> <br />RECITALS <br /> <br />A. The Parties entered into that certain agreement entitled "AGREEMENT FOR THE <br /> PURCHASE, iNSTALLATION AND MAiNTENANCE OF ENERGY <br /> CONSERVATION MEASURES, hereinafter referred to as "said Agreement", for <br /> providing energy saving products and services. <br />B. The Parties hereto now desire to amend Exhibit A of said agreement, and the <br /> Compensation term of said Agreement in order to in order to provide continuous <br /> uninterrupted service under the Agreement. <br /> <br /> WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby <br />amended, the parties hereto do hereby agree as follows: <br /> <br />1. Exhibit A, of said Agreement, pertaining to Scope of Services of said Agreement is hereby <br /> amended by including the terms as set forth in Attachment 1 to Exhibit A of said agreement <br /> "Siemens invoices no's 62302-co#1, 6202-co#2, and 6202-co#3, attached hereto incorporated <br /> herein by reference. <br />2. Section 4, of said agreement, pertaining to "Compensation" term of said Agreement is hereby <br /> amended to reflect an increase in compensation of $12,452.00, due to an unexpected increase <br /> in the City's need for the Consultant's services under said Agreement. <br />3. Except as hereinabove modified, the terms and conditions of said Agreement remain <br /> unchanged and in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the <br /> <br />date and year first above written. <br /> Clerk of the Council <br /> <br />CITY OF SA/NTA.ANA <br /> <br />DAVID N. REAM <br />City Manager <br /> <br />(signatures continued) <br /> <br /> <br />