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THIS FIRST AMENDMENT to the Santa Ana Video Security Enhancement Program Agreement
<br />is made and entered into on February 16, 2016, by and between SIEMENS INDUSTRY, INC., a
<br />Delaware corporation, ( "Siemens "), and the City of Santa Ana, a charter city and municipal corporation,
<br />( "City ").
<br />RECITALS
<br />A. The parties entered into Agreement #A- 2015 -277, dated December 1, 2015, (hereinafter "said
<br />Agreement') by which Siemens has provided video security system design, enhancement, and
<br />installation, and maintenance of the downtown security system and the detention security system.
<br />B. Thereafter, it was realized that the Agreement was subject to payment of prevailing wages which was
<br />not accounted for in the original Agreement. Accordingly, the parties mutually agree to add a section
<br />to the Agreement specifying that the Agreement requires prevailing wage and revising the
<br />compensation language of the Agreement to account for an additional $66,000 in the base contract
<br />amount.
<br />C. The parties further mutually agree to amend the scope of services to add four additional cameras in
<br />the loading dock area of the Santa Ana Police Department Detention Center at an increase cost of
<br />$15,041 and a project to covert the security cameras at City Hall to work on the same system as the
<br />Detention Center at a cost of $10,828.
<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 the Agreement as hereby amended,
<br />the Parties hereby agree as follows:
<br />1. Section 1, SCOPE OF SERVICES, shall be amended to include the addition of four cameras in
<br />the loading dock of the Santa Ana Police Department as outlined in Exhibit "C" and the
<br />conversion of the current City I -Iall camera system to the same system as the Detention Center so
<br />that the systems are integrated as outlined in Exhibit "D."
<br />2. Section 2a, COMP.ENSATION, shall be amended to change the base cost of the Agreement
<br />from $1,377,493.00 to $1,469,362.00 and amending the contingency from a straight 10% to a
<br />dollar amount of $45,881. The total agreement amount shall remain the same ($1,515,243.00).
<br />3. Section 2c, COMPENSATION, shall be added and state as follows:
<br />Siemens is aware of the requirements of California Labor Code Section 1720, et seq, and 1770,
<br />et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing
<br />Wage Laws "), which require the payment of prevailing wage rates and the performance of other
<br />requirements on "public works" and "maintenance" projects. Since the services being performed
<br />are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing
<br />Wage Laws, and since the total compensation is $1,000 or more, Siemens agrees to fully comply
<br />with such Prevailing Wage Laws. Siemens shall defend, indemnify and hold the City, its elected
<br />officials, officers, employees and agents free and harmless from any claim or liability arising out
<br />of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />251 -5
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