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2022/10/19 Western Riverside Council of Governments (WRCOG) SECOND AMENDMENT TO APPENDIX #5 Attachment Second Amendment to Appendix 5 to the Amended & Restated Professional Services Agreement - City of Menifee DocuSign Envelope ID: 11CE65DF-7A2D-4926-A996-6627C5259923DocuSign Envelope ID: D848A3DD-45E6-458E-95C5-93280BA49F14 20323.00002\40676915.1 1 SECOND AMENDMENT TO APPENDIX #5 City of Menifee This Second Amendment to Appendix #5 the Amended and Restated Western Riverside Council of Governments Professional Service Agreement is made as of _______________, 2022 by and between the Western Riverside Council of Governments, a California public agency ("WRCOG"), Yunex LLC, a Delaware corporation (“Yunex”), and the City of Menifee (“Member Agency”). The WRCOG, Yunex, and Member Agency are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS WHEREAS, the WRCOG and Siemens Industry Inc., Intelligent Traffic Systems, a Delaware corporation (“Siemens Industry”) entered into a Professional Services Agreement (“Original Agreement”) on December 18, 2017. WHEREAS, the WRCOG and Siemens Industry amended and restated the Original Agreement on March 27, 2018, to include additional language ("Agreement"). WHEREAS, the WRCOG, Siemens Industry, and Member Agency executed Appendix #5 to the Agreement (“Original Appendix”) on December 9, 2019. WHEREAS, the WRCOG and Siemens Industry entered into the First Amendment of the Agreement on November 22, 2019 to include the transfer and assignment of the Agreement from Siemens Industry to Siemens Mobility, Inc. (“SMI”) and a CPI increase. WHEREAS, the WRCOG, Siemens Industry, and Member Agency entered into the First Amendment on December 9, 2019 to amend the Original Appendix to include a CPI increase and the transfer and assignment of Appendix #5 from Siemens Industry to SMI. WHEREAS, by letter dated May 26, 2021, SMI informed the WRCOG of the transfer of its intelligent transportation systems unit to Yunex, and requested the WRCOG’s consent to the transfer of the Agreement to Yunex. WHEREAS, the WRCOG and Yunex entered into the Second Amendment of the Agreement on ______________, 2022 to extend the term of the Agreement (“Second Amendment to Agreement”). WHEREAS, the WRCOG, Yunex and Member Agency now wish to enter into this Second Amendment to incorporate extension of the Agreement, and extend the term of the Original Appendix. TERMS NOW, THEREFORE the parties enter into this Second Amendment to the Appendix: DocuSign Envelope ID: 11CE65DF-7A2D-4926-A996-6627C5259923 November 7 November 2 DocuSign Envelope ID: D848A3DD-45E6-458E-95C5-93280BA49F14 October 19 DocuSign Envelope ID: 11CE65DF-7A2D-4926-A996-6627C5259923DocuSign Envelope ID: D848A3DD-45E6-458E-95C5-93280BA49F14