Cities Index.
Amendment No. 2 to the Agreement with Allied Power Group

City Council and Authorities Concurrent
December 6, 2022

Document
Amendment No. 2 to the Agreement with Allied Power Group
Meeting
December 6, 2022
Body
City Council and Authorities Concurrent
Pages
1
Original file
228 KB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

Ebix Insurance No. S200004650
AMENDMENT NO. 2

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

ALLIED POWER GROUP

PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) Allied Power Group, LLC, a Delaware Limited Liability Corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled Agreement for Services Between the City of Santa Clara and Allied Power Group, dated June 25, 2021(Agreement); and
B. The Agreement was previously amended by Amendment No. 1, dated August 19, 2021. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide emergency overhaul services at the Gianera Power Plant, and
D. Due to additional emergency repair needs, the Parties now wish to amend the Agreement as Amended to extend the term.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Agreement as Amended, entitled "TERM OF AGREEMENT" is amended to read as follows:

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on June 1, 2021 and terminate on December 31, 2022.

Amendment No. 2 to Agreement/Allied Power Group
Rev. 10/25/19

Page 1 ends

2. Except as set forth herein, all other terms and conditions of the Agreeme nt as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

The Parties acknowledge and accept the terms and conditions of this Ame ndment No. 2 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Appro ved as to Form:

Digitally signed by Caio Arellano
Date: 2021. 12.20 10:56:42
-08'00'
Office of the City Attorney
City of Santa Clara
"CITY"
Ci y Manager
1500 Warburton Avenue
Santa Clara , CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

ALLIED POWER GROUP

A DELEWARE LIMITED LIABILITY CORPORATION
Dated: December 12, 2021
By (Signature) ~ ~
Name , James Masso
Title: President - Allied Power Group
Principal Place of
Business Address: (to be filled in by City staff)
Email Add ress: [email protected]
Telephone : ( ) +1-904-553-8820
Fax: i ) 281-444-3535
"CONTRACTOR"
S:\Attorney\AGREEMENTS\Amendme nts\Ame ndment No. 2 - Form .doc Amendment No. 2 to Agreement/Allied Power Group
Rev. 10/25/2019
Page2

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