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SR 06-14-2022 3F City Council Report City Council Meeting: June 14, 2022 Agenda Item: 3.F 1 of 5 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of Sixth Modification to Agreement 10667(CCS) with Siemen's for the Smart Building Commissioning (SBCx) of the Building Automation System (BAS) Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a sixth modification to agreement #10667(CCS) in the amount of $290,000 (includes a 10% contingency) with Siemens Industry Inc. (Siemens) to perform building optimization services for the Public Safety Facility (PSF), City Hall, and Main Library. This would result in a five-year contract with a new total amount not to exceed $1,505,847. Summary The City uses Siemens proprietary Building Automation Systems (BAS) in 11 City facilities to improve facility systems and equipment and manage system reliability and performance. A BAS is a computer-based control system installed in buildings that controls and monitors the building's mechanical and electrical equipment such as ventilation, lighting, power systems, fire systems, and security systems to ensure the reliable and efficient operation of the building and provide data on how to realize energy savings and other benefits. Staff recommends a modification to the Siemens agreement to implement Smart Building Commissioning (SBCx) services in facilities with a BAS. Siemens would utilize the newly upgraded BAS to perform Smart Building Commissioning (SBCx) for the Main Library, Public Safety Facility, and City Hall East as a way to ensure the City’s largest facilities are running at optimal efficiency. 3.F Packet Pg. 730 2 of 5 In 2018, the City Council awarded a five-year contractual services agreement to Siemens for a not-to-exceed contract of $1,215,847 for BAS equipment upgrades using a National Joint Powers Alliance (NJPA) proposal. SBCx works with a building’s BAS to monitor and manage facility systems and provides facility teams with information to operate building systems more efficiently and reliably, extending equipment lifespans, enabling staff to respond and repair equipment more quickly and, allowing for the most efficient operation of City buildings, which ultimately, reduces both operating costs and the City’s carbon emissions. Staff seeks authorization for the sixth modification with Siemens for these SBCx services in the amount of $290,000, for a new BAS amount not to exceed $1,505,847. All previous modifications to the contract were for extensions of time only, largely due to COVID-related impacts. Discussion In 2017, NJPA solicited and issued a request for proposals (RFP) #031517 for the procurement of facility security equipment, systems, and services with related equipment and supplies. Upon completion of the RFP process, a contract was established with Siemens which includes manufacturer volume discounts and rebates for NJPA members, a multi-year contract term, and price verification mechanisms to assure pricing compliance and accuracy. NJPA contracts are supported and widely used by government agencies throughout the United States. As a member, the City of Santa Monica can participate in NJPA contracts and subsequently entered into Agreement #10667 (CCS) with Siemens in 2018 for building automation system upgrades. The City currently uses a proprietary Siemens Industry Inc. BAS to monitor and control the mechanical systems and energy usage at the Public Safety Facility, City Hall, City Hall East, Main Library, Pico Library, Ken Edwards Center, Parking Structure 6, Annenberg Beach House, Virginia Ave. Park, Fire Station 1, and the City Yards. The BAS uses computerized controls and real-time graphics to provide staff with status on the heating, ventilation, and air conditioning (HVAC) equipment in a building without requiring multiple trips to the site, helping to avert unexpected problems and extend equipment life expectancy. 3.F Packet Pg. 731 3 of 5 Over time, the efficiency of the building systems decreases and inefficiencies start to occur. This happens for a variety of reasons: • Building system settings are changed; • Mechanical systems require calibration; and • Equipment becomes obsolete. A building operating out of alignment will experience downtime, inefficient use of energy and shorter HVAC system life cycles, leading to increased operating and capital costs. Siemens would utilize the newly upgraded BAS to perform SBCx for the Main Library (built in 2006), Public Safety Facility (built in 2004), and City Hall East (built in 2020) to ensure the City’s largest facilities are running at optimal efficiency. The process would ensure equipment is in peak operational order, identify issues, and verify that the original sequence of operation is appropriate for each building and current usage patterns. Siemens would also provide a corrective actions matrix so staff can review the systems holistically and correct any issues, allowing the equipment to work most efficiently. SBCx services would help align existing building assets with the current needs of the City by: • Reducing unexpected critical system failures that result in costly downtime; • Extending the lifespan of equipment; • Helping to reduce the impacts of unplanned capital expenditures; • Improving the performance of systems and spaces while minimizing hot/cold calls and other, similar comfort complaints; and • Reducing operating costs and energy consumption. Siemens would then review the changes and ensure optimal building performance is obtained at each of the three sites. Siemens conducted an assessment of the three 3.F Packet Pg. 732 4 of 5 sites and estimates the City would save approximately $209,000 in energy and maintenance costs in the first twelve months and realize a full return on investment after approximately 20 months. Past Council Actions Meeting Date Description 4/24/2018 (Attachment A) Council authorization for an agreement with Siemens Industry, Inc., for facility security equipment, systems and services, including related equipment and supplies, and for building automation system upgrades and expansion. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the General Fund to increase the amount of the agreement with Siemens Industry Inc. to perform a SBCx process on three existing buildings. Funds are available in the FY 2021-22 Adopted Budget in the Public Works Department. Agreement Modification Request Agreement # Current Authorized Amount Modified Request Amount FY 2021-22 Budget Dept/CIP Account # Total Revised Contract Amount 10667 $1,215,847 $0 C0104580.689000 $1,215,847 10667 $0 $290,000 01500020.529145 $ 290,000 Total $1,505,847 Prepared By: Amber Richane, Architectural Associate Approved Forwarded to Council Attachments: A. Siemens_Staff Report 4-24-18 3.F Packet Pg. 733 5 of 5 B. CSA 10667 SIEMENS C. Mod 1_Siemens D. Mod 2_Siemens E. Mod 3_Siemens F. Mod 4_Siemens G. Mod 5_Siemens H. Siemens Oaks 3.F Packet Pg. 734 City Council Report City Council Meeting: April 24, 2018 Agenda Item: 3.L 1 of 4 To: Mayor and City Council From: Joseph Cevetello, Chief Information Officer, Information Services Department Susan Cline, Director, Public Works Department Subject: Contractual Services Agreement for Facility Security Equipment and Services Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute an agreement with Siemens Industry, Inc. (Siemens), a California-based company, facility security equipment, systems and services, including related equipment and supplies in an amount not to exceed $1,500,000 over five years, with future year funding contingent on Council budget approval; and 2. Authorize the City Manager to negotiate and execute an agreement with Siemens for building automation system upgrades and expansion in an amount not to exceed $1,215,847 (including a 10% contingency). These recommended awards are made as an exception to the competitive bidding process pursuant to Section 2.24.080 (b), in a total amount not to exceed $2,715,847. Executive Summary The City utilizes access control and building automation system (BAS) equipment installed at various City facilities to control facility access, mechanical systems, and energy use. These systems require regular maintenance, upgrades, and enhancements to both hardware and software components. To accommodate the necessary repairs and expansion of the facility access control and BAS systems throughout City facilities, staff recommends entering into contracts with Siemens in an amount not to exceed $1,500,000 over five years for access control and in an amount not to exceed $1,215,847 (including a 10% contingency) for building automation systems, which would result in a total amount not to exceed of $2,715,847. For the first year, staff anticipates spending a total of $300,000 on access control and the entire $1,215,847 on BAS equipment and services, for a total first year amount of $1,515,847. Background 3.F.a Packet Pg. 735 Attachment: Siemens_Staff Report 4-24-18 (5108 : 6th Mod - Siemen's Bldg Mgmt System) 2 of 4 The need for facility access control (both internally and externally as needed) and BAS improvements and modifications at City buildings such as the Library, City Hall, Public Safety Facility, and other locations, has grown over the years. The access control requests are the result of retrofits to various areas of City Hall stemming from the construction of the City Services Building and the need to enhance security at City locations. The BAS requests are largely the result of needing additional monitoring and control of additional systems or sites throughout the City. Installation and maintenance of both of these types of systems require the services of certified service experts, such as Siemens, that specialize in such control systems. Discussion Facility Access Control Awarding a multi-year purchase order to Siemens will give staff the flexibility to schedule service calls and projects as needed to complete a significant backlog of pending projects and address new installation requests. Staff is currently working to implement a comprehensive security and access strategy and has identified six priority locations as well as 20 to 30 additional locations where access control should be installed and standardized before the City Services Building (CSB) opens in 2020. Facility Building Automation System The City currently uses a proprietary Siemens Industry BAS to monitor and control the mechanical systems and energy usage at six existing facilities (Public Safety Facility, City Hall, Ken Edwards Center, Parking Structure 6, Annenberg Beach House, Pico Library) and is scheduled to add two additional sites as part of their new construction (City Services Building and Fire Station 1). A portion of the hardware and software from the existing system has reached the end of its useful life, is no longer supported by Siemens, and must be replaced. In addition to these necessary repairs, staff recommends expansion of the system by installing and equipping four additional sites with Siemens BAS controls (Main Library, Virgina Avenue Park Teen and Park Centers, Fire Station 2, Airport Administration Building). 3.F.a Packet Pg. 736 Attachment: Siemens_Staff Report 4-24-18 (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3 of 4 Siemens BAS provides computerized controls and real time graphics to let staff see what is happening with the heating, ventilation, and air conditioning (HVAC) equipment in a building without multiple trips to the site, thereby saving on costly problem determination visits and simplifying maintenance operations. Computerized controls monitor HVAC equipment status and helps in heading off unexpected problems. They also help to maintain even temperatures and humidity levels within the facilities in order to provide measured comfort, which then leads to reduction of overrunning the equipment and hence saving energy. Moreover, running the equipment less and controlling it more efficiently reduces wear and tear, keeps maintenance costs down, and extends equipment life expectancy. The automated fault detection and diagnostics of these newer systems have been found to help reduce downtime and operations and maintenance costs by as much as 30%. Vendor Selection In 2017, National Joint Powers Alliance (NJPA) solicited and issued request for proposals (RFP) #031517 for the procurement of facility security equipment, systems, and services with related equipment and supplies. Upon completion of the RFP process, a contract was established with Siemens, which includes manufacturer volume discounts and rebates for NJPA members, a multi-year contract term, and price verification mechanisms to assure pricing compliance and accuracy. NJPA contracts are supported and widely used by government agencies throughout the United States. As a member, the City of Santa Monica can participate in NJPA contracts. By entering into a contract with Siemens, all pricing would be based on NJPA contract # 031517- SIE. Section 2.24.080 (b) of the Municipal Code allows exception to competitive bid procedures when such competitive bid procedures have already been utilized, such as in purchasing from Federal, State, County, City or special district government agencies, or from cooperative purchasing agencies consisting of such agencies. Financial Impacts and Budget Actions 3.F.a Packet Pg. 737 Attachment: Siemens_Staff Report 4-24-18 (5108 : 6th Mod - Siemen's Bldg Mgmt System) 4 of 4 The agreement to be issued to Siemens for access control is for an amount not to exceed $1,500,000 over five years. Funds for access control related equipment and services are included in the proposed FY 2017-18 budget within departments’ budgets. Budget authority for subsequent years will be requested in each budget for Council approval. Future year funding is contingent on Council budget approval. The agreement to be issued to Siemens for BAS improvements is for an amount not to exceed $1,215,847 (including a 10% contingency). Funds are available in the FY 2017-18 Capital Improvement Program budget in the Public Works Department. The agreement will be charged to the following account: M010085.589000. Prepared By: Ivo Nkwenji, Lead Systems Analyst, Information Systems Approved Forwarded to Council Attachments: A. OAKS Initiative Form Siemens 3.F.a Packet Pg. 738 Attachment: Siemens_Staff Report 4-24-18 (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 739 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 740 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 741 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 742 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 743 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 744 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 745 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 746 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 747 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 748 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 749 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 750 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 751 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 752 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 753 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 754 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 755 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 756 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 757 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 758 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 759 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 760 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 761 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.b Packet Pg. 762 Attachment: CSA 10667 SIEMENS (5108 : 6th Mod - Siemen's Bldg Mgmt System) 1 FIRST MODIFICATION OF AGREEMENT NO. 10667 (CCS) This First Modification of Agreement Number ____ (CCS) (“First Modification”), en- tered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and SIEMENS INDUSTRY, INC. (SIEMENS INDUSTRY) is made with reference to the following: RECITALS A. On or about August 9, 2018 , the City and SIEMENS INDUSTRY entered into Agreement Number 10667 (CCS) for building automation system upgrades and expansion (“Original Agreement”). B. The City and SIEMENS INDUSTRY desire to modify the Original Agreement to extend the contract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Origi- nal Agreement as follows: 1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on the Execution Date and terminates on June 30, 2020, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing. \\ \\ \\ DocuSign Envelope ID: 35165069-533E-40A4-ADF3-CCD1D9BEE949 2/4/2020 3.F.c Packet Pg. 763 Attachment: Mod 1_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 2 2. Except as expressly modified by this First Modification, all other terms and condi- tions of the Original Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager SIEMENS INDUSTRY Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: 35165069-533E-40A4-ADF3-CCD1D9BEE949 2/4/2020 City Attorney Lane Dilg Julie Slick 2/4/2020 Sales Manager Siemens City Manager Rick Cole 2/4/2020 City Clerk Denise Anderson-Warren 2/5/2020 3.F.c Packet Pg. 764 Attachment: Mod 1_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 1 SECOND MODIFICATION OF AGREEMENT NO. 10667 (CCS) This Second Modification of Agreement Number 10667(CCS) (“Second Modifica- tion”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and SIEMENS INDUSTRY, INC. (“SIEMENS INDUSTRY”) is made with reference to the following: RECITALS A. On or about August 9, 2018, the City and SIEMENS INDUSTRY entered into Agreement Number 10667 (CCS) for building automation system upgrades and expansion (“Original Agreement”). B. On or about February 4, 2020, the City and SIEMENS INDUSTRY entered into a First Modification of Agreement Number 10667 (CCS) (“First Modification”) which modified the Original Agreement to extend the contract term to June 30, 2020. The Original Agreement and First Modification may be referred to collec- tively herein as “the Agreement.” C. The City and SIEMENS INDUSTRY desire to modify the Original Agreement to extend the contract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Orig- inal Agreement as follows: 1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on the Execution Date and terminates on September 30, 2020, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing. 2. Except as expressly modified by this Second Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect. \\ \\ DocuSign Envelope ID: FEEE9A08-49B1-4393-8134-DB3A8746FC95 7/9/2020 3.F.d Packet Pg. 765 Attachment: Mod 2_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 2 IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager SIEMENS INDUSTRY, INC. #VENDOR By: _______________________________ DocuSign Envelope ID: FEEE9A08-49B1-4393-8134-DB3A8746FC95 7/5/2020 Interim City Attorney George Cardona Julie Slick 7/9/2020 Sales Manager Siemens Industry, Inc 7/9/2020 Lane Dilg Interim City ManagerCity Clerk 7/9/2020 Denise Anderson-Warren 3.F.d Packet Pg. 766 Attachment: Mod 2_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 1 THIRD MODIFICATION OF AGREEMENT NO. 10667 (CCS) This Third Modification of Agreement Number 10667 (CCS) (“Third Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and SIEMENS INDUSTRY (“SIEMENS INDUSTRY”) is made with reference to the following: RECITALS A. On or about August 9, 2018, the City and SIEMENS INDUSTRY entered into Agreement Number 10667 (CCS) for building automation system upgrades and expansion (“Original Agreement”). B. On or about February 4, 2020, the City and SIEMENS INDUSTRY entered into a First Modification of Agreement Number 10667 (CCS) (“First Modification”) which modified the Original Agreement to extend the contract term to June 30, 2020. C. On or about July 9, 2020, the City and SIEMENS INDUSTRY entered into a Second Modification of Agreement Number 10667 (CCS) (“Second Modifica- tion”) which modified the Agreement to extend the contract term to September 30, 2020. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.” D. The City and SIEMENS INDUSTRY desire to modify the Agreement to extend the contract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows: 1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on the Execution Date and terminates on November 30, 2020, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing. 2. Except as expressly modified by this Third Modification, all other terms and con- ditions of the Original Agreement shall be and remain in full force and effect. \\ DocuSign Envelope ID: C2B9039A-3727-450D-9F4F-5815C559E187 9/30/2020 3.F.e Packet Pg. 767 Attachment: Mod 3_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 2 IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager SIEMENS INDUSTRY Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: C2B9039A-3727-450D-9F4F-5815C559E187 9/27/2020 George Cardona Interim City Attorney Julie Slick 9/28/2020 Sales Manager Siemens Industry Inc Interim City Manager Lane Dilg 9/30/2020 Denise Anderson-Warren City Clerk 9/30/2020 3.F.e Packet Pg. 768 Attachment: Mod 3_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 1 FOURTH MODIFICATION OF AGREEMENT NO. 10667 (CCS) This Fourth Modification of Agreement Number 10667 (CCS) (“Fourth Modifica- tion”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and SIEMENS INDUSTRY (“SIEMENS INDUSTRY”) is made with reference to the following: RECITALS A. On or about August 9, 2018, the City and SIEMENS INDUSTRY entered into Agreement Number 10667 (CCS) for building automation system upgrades and expansion (“Original Agreement”). B. On or about February 4, 2020, the City and SIEMENS INDUSTRY entered into a First Modification of Agreement Number 10667 (CCS) (“First Modification”) which modified the Original Agreement to extend the contract term to June 30, 2020. C. On or about July 9, 2020, the City and SIEMENS INDUSTRY entered into a Sec- ond Modification of Agreement Number 10667 (CCS) (“Second Modification”) which modified the Agreement to extend the contract term to September 30, 2020. D. On or about September 30, 2020, the City and SIEMENS INDUSTRY entered into a Third Modification of Agreement Number 10667 (CCS) (“Third Modifica- tion”) which modified the Agreement to extend the contract term to November 30, 2020. The Original Agreement, First Modification, Second Modification, and Third Modification may be referred to collectively herein as “the Agreement.” E. The City and SIEMENS INDUSTRY desire to modify the Agreement to extend the contract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agree- ment as follows: 1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on the Execution Date and terminates on June 30, 2021, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing. 2. Except as expressly modified by this Fourth Modification, all other terms and con- ditions of the Agreement shall be and remain in full force and effect. \\ DocuSign Envelope ID: 6D078BF3-60B6-4835-A4FF-C2B7FE3ED5DD 12/23/2020 3.F.f Packet Pg. 769 Attachment: Mod 4_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 2 IN WITNESS WHEREOF, the parties have executed this Fourth Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager SIEMENS INDUSTRY Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: 6D078BF3-60B6-4835-A4FF-C2B7FE3ED5DD George Cardona Interim City Attorney 12/5/2020 12/21/2020 Zach Weinman Siemens Industry, Inc. Sales Manager 12/23/2020 Interim City Manager Lane Dilg 12/31/2020 Denise Anderson-Warren City Clerk 3.F.f Packet Pg. 770 Attachment: Mod 4_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 1 FIFTH MODIFICATION OF AGREEMENT NO. 10667 (CCS) This Fifth Modification of Agreement Number 10667 (CCS) (“Fifth Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and SIEMENS INDUSTRY (“SIEMENS INDUSTRY”) is made with reference to the following: RECITALS A. On or about August 9, 2018, the City and SIEMENS INDUSTRY entered into Agreement Number 10667 (CCS) for building automation system upgrades and expansion (“Original Agreement”). B. On or about February 4, 2020, the City and SIEMENS INDUSTRY entered into a First Modification of Agreement Number 10667 (CCS) (“First Modification”) which modified the Original Agreement to extend the contract term to June 30, 2020. C. On or about July 9, 2020, the City and SIEMENS INDUSTRY entered into a Sec- ond Modification of Agreement Number 10667 (CCS) (“Second Modification”) which modified the Agreement to extend the contract term to September 30, 2020. D. On or about September 30, 2020, the City and SIEMENS INDUSTRY entered into a Third Modification of Agreement Number 10667 (CCS) (“Third Modifica- tion”) which modified the Agreement to extend the contract term to November 30, 2020. E. On or about December 23, 2020, the City and SIEMENS INDUSTRY entered into a Fourth Modification of Agreement Number 10667 (CCS) (“Fourth Modifi- cation”) which modified the Agreement to extend the contract term to June 30, 2021. The Original Agreement, First Modification, Second Modification, Third Modification, and Fourth Modification may be referred to collectively herein as “the Agreement.” F. The City and SIEMENS INDUSTRY desire to modify the Agreement to extend the contract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agree- ment as follows: 1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing. 2. Except as expressly modified by this Fifth Modification, all other terms and DocuSign Envelope ID: BC559541-FE7E-418E-B59E-534DB07521D6 6/14/2021 3.F.g Packet Pg. 771 Attachment: Mod 5_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 2 conditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fifth Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager ABC Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: BC559541-FE7E-418E-B59E-534DB07521D6 6/8/2021 Interim City Attorney George S. Cardona Zach Weinman Siemens Industry, Inc. 6/8/2021 Sales Manager Interim City Manager Lane Dilg 6/14/2021 City Clerk 6/23/2021 Denise Anderson-Warren 3.F.g Packet Pg. 772 Attachment: Mod 5_Siemens (5108 : 6th Mod - Siemen's Bldg Mgmt System) 3.F.h Packet Pg. 773 Attachment: Siemens Oaks [Revision 1] (5108 : 6th Mod - Siemen's Bldg Mgmt System)