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HomeMy WebLinkAboutAGR-7166.1 - SIEMENS INDUSTRY INC - FIRST AMENDMENT VIDEO MANAGEMENT AND SURVEILLANCE SOFTWARE AND MAINTENANCE SERVICES - OCT 22, 2021i. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Video Management and Surveillance Software and Maintenance Services] THIS FIRST AMENDMENT TO PROFESSI ON1AL SERVICES AGREEMENT(the First Amendment")is made and entered into as of C,pe r ola. ,2021,by and between the CITY OF ORANGE, a municipal corporation ("City"), and SIEMENS INDUSTRY, INC., a Delaware co.rporation("Contractor"), with reference to the following: A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7166) dated May 11, 2021, which is incorporated herein by this reference (the "Original Agreement"); and B. City and Contractor desire to amend the Original Agreement to modify,amend and supplement certain portions of the Original Agreement by revising the Scope of Work and increasing the compensation. NOW,THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3 Revised Scone of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended,modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4 Comnensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by ONE THOUSAND SIX HLINDRED SEVENTY-FOUR DOLLARS and 23/100 ($1,674.23) and Section 2.a is hereby amended in its entirety to read as follows: Contractor's total compensation for all services performed under this Agreement, shall not exceed TIIREE HUNDRED THIRTY-EIGHT THOUSAND DOLLARS and 55/100 ($338,000.55)without the prior written authorization of City." Section 5. Authoritv of Citv Manager. Pursuant to Section 3.08.430 of the Orange Municipal Code, the City Manager is authorized to approve and execute amendments to the Agreement to adjust the compensation as provided herein. Section 6. Inte ration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this First Amendment,the parties enter into this First Amendment on the year and day first above written. CONTRACTOR" CITY" SIEMENS INDUSTRY, INC., CITY OF ORANGE, a municipal corporation a Delaware corporation By. By; Printed ame: City Manager Title: g121,1 I-A., By; APPROVED AS TO FORM: Printed Name: " -t c Title: s • c c* c u .a Mary E. nning Senior Assistant City Attorn NOTE: If Contractor is a corporation,the City requires the following signature(s): 1)the Chairman of the Board,the President or a Vice-President,AND(2)the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement,must be provided to the City. 2 EXHIBIT "A" SUPPLEMENTAL SCOPE OF SERVICES Behind this page.] tn,cf.e aif-for G'fe.. PROPOSAL City of Orange Evidence Counter Camera PREPARED BY Siemens Industry, Inc. PREPAREDFOR City of Orange DELIVERED ON August 12, 2021 F ---. i Y i' i' F b i, P R'_ A,. L'.-_. . _"`.,., "'y,.yyrR•.tv a. ..:....." r y ., , - - 1 k^ T. Ge i i e k a I , p J.'.., _ YaY y v. I I 3 " S } v.,... ym f 1" • . . II r, s: IU kM d. t i ' .-r- i [ o-, c ': i:: r q y@ 1 l:. f t al a a e ,. , a t".. r h.0.. 4: 3, f r f v u6 frn n wi far e. 0 Table f Contents SIEMENSPROPOSAL ....................................................................................................... 3 ContactInformation ...........................................:.................................................. 3 Scopeof Work ....................................................................................................... 4 Inclusions, Exclusions and Clarifications ................................................................. 5 MaterialList........................................................................................................... 6 PricingSummary ................................................................................................... 7 PaymentTerms...................................................................................................... 8 Termsand Conditions..................................................................................................... 9 Terms & Conditions Link(s) .................................................................................... 9 SignaturePage............................................................................................................. 10 SignaturePage .................................................................................................... 10 Page 2 of 10 w ai-'or G`{, ontact Information Proposal #: i 6156391 g_ ..__._. W_ .__ .. ....._._._ _._.._.._ Date: Au ust 12, 2021 i Sales Executive: Diego Velez Branch Address: 6141 Katella Ave j 1 Cypress, CA 90630 r___. .__e________ _.__.__ _ _. .__ .._ Telephone:657-465-8464 4 Email Address: i velez.diego@siemens.com Customer Contact: Mike Dering E Customer: City of Orange Address: 300 E Chapman 92866 CA 92866 3...._._..__.__._._....... ....__.___.....,,__.__"'.,......_..,...._...... ........_...._._....__._._... .._.._.,_...._......._..T.._..__ ......_.............. .. ....... i Page 3 of 10 Itnq tne.e}/or Zi 0 Scope of Work Siemens scope of work is to furnish and install (1) AXIS P3245—V Network Camera at the City of Orange Police Department Evidence Counter. Below is a detailed scope of work: Siemens to furnish and install (1)AXIS P3245—V Network Camera at the Evidence Counter. Siemens to utilize an existing network drop to connect the newly installed camera back to the IDF room. Siemens to furnish (1) Genetec Camera License. Siemens to add the newly installed camera into the existing Genetec Video Management System. Page 4 of 10 t.tnui{y-for(,e. 0 Inclusions, Exclusions ar d larifications 1. Siemens to exclude network cabling from this scope of work. 2. Siemens to assume there is availability on the existing POE Switch. 3. Siemens to exclude end user training from this scope of work. 4. Siemens to exclude engineering drawings from this scope of work. Page 5 of 10 1..e.-G Material List System 1 r` e w , _. Qty 1> Descrupti.on' 1 ' 01591-001 ; AXIS P3245-V DOME CAMERA 1080P,VF LENS, FORENSIC, ZIPSTREAM, IK10 ; i 7-23/32" D meteRecessed Mount, Indoor/Outdoor, Drop Ceiling Installation, ; 1 01155-001 r x 4 27/32" Height,Aluminum Alloy, Chrome Plated 1 GSC-Om-S-1C connection : f1camera ' Page6of10 51 5 ta etna i nr G e. 0 Pricing Sur r mary fi Pricr Summary Sell t rice Material 663.9 ,, i Labor 970J5 i Tax 39.58 . I r i_.__. __ __ _.... .____._,._:.._ _- -----.._ _.__ »._.. _.. ;:. —___.____ W_. ...___.. __...:.:: ._,_Y.._: -- --_.., ...... . ;i Total Quote Price '1,674.23 Page 7 of 10 S Rl1 l IN.nHi or e. 0 Paynnent Terms Payrnent Terms Acceptance Aqreement The total price of: $1,674.23 and the estimated return on investment are based on the items outlined in this proposal.ANY statements made herein regarding savings that may be achieved by implementing the services offered in this proposal are estimates only. No warranty, either expressed or implied, shall be construed to arise from such statements, nor shall such statements be construed as constituting a guarantee by Siemens that such savings will occur if the services are implemented. Terms and Conditions Disclaimer The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.: i) the Proposal and the Contract Terms and Conditions, (together with any other documents incorporated into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter collectively, hereinafter referred to as the"Agreement") and (ii) in the event of any conflict between the terms and conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions,the ContractTerms and Conditions shall control. BY EXECUTION HEREOF,THE SIGNER CERTIFIES THAT(5)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS,THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN,AND THAT(S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER. This Proposal is based on the Siemens Industry, Inc. Standard Terms and Conditions and the "Scope of Work" and are to be considered part of this proposal. Proposal is valid for thirty(30) days from the delivery date of August 12, 2021. Payment is due within 30 days of invoice date. Payment Terms:25%mobilization in advance,progress payments Total:$1,674.23 Page8of10 wi or r Terr s & Conditions Link( T ,rms an'd"G'ond iti'ons (CP ick o downlo.ad Terms&Conditions(Prolects) http:llgo.siemens.net115156302) 4 Terms&Conditions(Products Only) E (http:llgo.siemens.net115492770) As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur.Among other factors, Siemens'delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. Attachment A Riders (C•Iick on ride.r below to download) j 51 Mass Notification Rider i www.siemens comldownload A6V10946167) E..,, . __ ___ ._..,_ .._ . _.._ ._.__ __..__ . _.__._.. ...._ ._... . _._..____.... _...- SI Monitorinq Rider I www.siemens.comldownload?A6V10946171) i SI Online Backup and Data Protection i www.siemens.comldownload?A6V10946174) j S1 Software License Warranty i (www.siemens.comldownload?A6V10946180) SI Consultinq Rider www.siemens.comldownload?A6V10946838) i 51 Shooter Detection System Rider i (http:llgo.siemens.net133327137) i..-------- --------._---....---..._.._._________..___. z----__._---.--._.________. j SI Thermal Camera Rider http:llgo.siemens.net130872411) Page 9 of 10 rt,.aif-"or Gfe. Signature Page Proposed by: Accepted by: Siemens Industty, Inc. City of Orange Company Company Diego Velez Name Name(Printed) 6156391 Proposal #Signature 1,674.23 Proposal Amount Title August 12, 2021 Date Date Purchase Order# Page 10 of 10