HomeMy WebLinkAbout- - Siemens Agreement Extension Attachment - 11/1/2011AMENDMENT TO PERFORMANCE SERVICES AGREEMENT
THIS AMENDMENT, is made and entered into this October 20, 2011, by and between
the CITY OF COSTA MESA, a California municipal corporation ("Customer") and SIEMENS
INDUSTRIES, INC., a Delaware Corporation previously doing business as SIEMENS
BUILDING TECHNOLOGY, INC. ("Contractor"). The abovementioned parties being
hereinafter collectively referred to as the "Parties."
R arital e
A. WHEREAS, City entered into an Agreement with SIEMENS BUILDING
TECHNOLOGY, INC, in July 30, 2001 to install and maintain HVAC system for
Customer ("Agreement"), and
B. WHEREAS, SIEMENS BUILDING TECHNOLOGY, INC., changed its name and
now operates as SIEMENS INDUSTRIES, INC., and
C. WHEREAS, on August 14, 2001, the Parties amended the Agreement wherein
Customer agreed to pay Contractor for the Technical Support Program up to July 30,
2011 ("First Amendment"), and
D. WHEREAS, on August 9, 2011, the Parties entered into a second amendment
extending the term of the Technical Support Program up to October 31, 2011 ("Second
Amendment").
E. WHEREAS, the Parties desire to enter into this third amendment extending the term of
the Technical Support Program up to January 31, 2012 ("Third Amendment").
NOW, THEREFORE, in consideration of the mutual terms and conditions set forth in the
Agreement, the Parties hereby amend the Agreement as follows:
Section 4.2 of the Agreement is hereby amended to add the following:
The Customer agrees to pay Contractor the additional amount below for the Technical
Support Program. The amount owed shall be paid according to the schedule below and shall not
exceed Fifty Thousand Dollars ($50,000.00). The monthly payments shall be due and payable on
or before the last day of every month set forth below.
Monthly Period
Monthly Payment Amount
November 1, 2011 thru
November 30, 2011
$15,451.00
December 1, 2011 thru
December 31, 2011
$15,451.00
January 1, 2012 thru
January 31, 2012
$15,451.00
TOTAL
$46,353.00
2. All other provisions of the Agreement shall remain in full force and effect. This
Second Amendment with the Agreement and the First Amendment shall be construed
together and shall constitute one Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by and through their respective authorized officers, as of the date first above written.
Customer:
Dated
Contractor:
Dated
Approved as to Form
Thomas P. Duarte, City Attorney
CITY OF COSTA MESA,
A municipal corporation
Tom Hatch, City Manager
SIEMENS INDUSTRIES, LLC
Mitch Sager, Area Manager