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INSURANCE ON FILE A-2025-061 <br /> WORK MAY PROCEED <br /> UNTIL INSURANCL LXPIR3 <br /> CITY CLERK <br /> DATIVAY 2 7 2025AGREEMENT WITH SIEMENS INDUSTRY INC.TO PROVIDE HVAC AND <br /> LIGHTING CONTROLS TECHNICAL SUPPORT AND MAINTENANCE SERVICES <br /> Lr`ti) <br /> Phl, Ot (4) THIS AGREEMENT is made and entered into on this 6t' day of May, 2025 by and between <br /> Siemens Industry Inc.,a Delaware corporation,("Contractor"),and the City of Santa Ana,a charter <br /> city and municipal corporation organized and existing under the Constitution and laws of the State <br /> of California("City"). <br /> RECITALS <br /> A. The City desires to retain a contractor to provide HVAC and lighting controls technical <br /> support and maintenance services for City facilities. <br /> B. City and Contractor previously entered into Agreements Nos. A-2415-078, dated May 5, <br /> 2015, and A-2020-114, dated June 2, 2020, by which Contractor provided these services. <br /> Agreement No. A-2020-114 expires on June 30, 2025. <br /> C. City and Contractor desire to enter into another agreement to provide continuity of these <br /> services and because the respective systems are proprietary in nature. <br /> D. In undertaking the performance of this Agreement, Contractor represents that it is <br /> knowledgeable in its field and that any services performed by Contractor under this <br /> Agreement will be performed in compliance with such standards as may reasonably be <br /> expected from a professional consulting firm in the field. <br /> NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br /> terms and conditions hereinafter set forth, the parties agree as follows: <br /> 1. SCOPE OF SERVICES <br /> Contractor shall perform during the term of this Agreement, the tasks and obligations <br /> including all labor, materials, tools, equipment, and incidental customary work required to fully <br /> and adequately complete the services described and set forth in the scope of work, which is <br /> attached hereto as Exhibit A and incorporated by reference. <br /> 2. COMPENSATION <br /> a. City agrees to pay, and Contractor agrees to accept as total payment for its services for <br /> City,the rates and changes identified in Exhibit A.The total compensation for services <br /> provided shall not exceed Seven Hundred, Seventy-Sex Thousand, Two Hundred and <br /> Fourteen Dollars($776,214)during the term of the Agreement,including any extension <br /> periods. The sum is comprised of(1) a base amount of$705,649 for the entirety of the <br /> term, including extensions, and (2) a contingency in the amount of $70,565 for the <br /> entirety of the term, including extensions. <br /> b. Payment by City shall be made within forty-five(45) days following receipt of proper <br /> invoice evidencing work performed, subject to City accounting procedures. City and <br />