SIEMENS BUILDING TECH 1B -2006 - Laserfiche WebLink

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VURANCE GN hLt A- 2006 -116 VGORK C,!Jo .'F:' -,UEC UNT!L i,6U'Ri,i':GE EXPiRLS IV -- 1 — V & .._ CLERK OF COUNCU., 0IPTE 7_- 16—C(C' �? Fiyl�:, ( -') SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on May 15, 2006, by and between Siemens Building Technologies, Inc., a Delaware corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2003 -022, dated February 3, 2003, (hereinafter "said Agreement ") by which Consultant has provided modification and repair of energy management systems for various City facilities. B. In accordance with the terms and conditions of said Agreement, the parties wish to renew said Agreement for an additional one year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: Section 2, SCOPE OF SERVICES, shall be amended by adding a paragraph 7, which shall read as follows: "7. Contractor shall, upon written request of the City Manager or his designee, provide system modifications outside the scope of routine maintenance. Said services shall be compensated at Contractor's then current published service rate." 2. Exhibit A, SCOPE OF SERVICES, shall be amended by amending Section 17, "Exclusions to Scope of Work ", paragraph 6, shall be amended to read: "6. Repairs and replacement of equipment parts and components is limited to restoring proper working condition. Contractor shall not be obligated to provide replacement equipment that represents significant betterment or capital improvement, except as set forth in Section 2, paragraph 7, of said Agreement. Exchanged parts and components become property of Contractor. 3. Section 4, COMPENSATION, shall be amended to increase compensation by $12,000.00, annually, for a total annual modification and repair amount not to exceed $74,577.00.