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<br />A-2009-144-001 <br />RK,.FC' i FIRST AMENDMENT TO AGREEMENT <br />DATE FEB z 3 2011 FOR THE PURCHASE AND INSTALLATION <br />OF ENERGY CONSERVATION MEASURES <br />? pp ??t <br />This First Amendment to Agreement is made and entered into on the A day of ?Qf?• ;D4-0, by <br />and between Siemens Industry, Inc., a Delaware Corporation (formerly known as Siemens Building <br />Technologies, Inc.) (herein "Contractor"), and City of Santa Ana a charter city and municipal <br />corporation duly organized and existing under the Constitution and laws of the State of California, <br />(herein "City"), collectively, ("Parties"). <br />RECITALS: <br />A. The City and Siemens Building Technologies, Inc. entered into Agreement A-2009-144, <br />dated September 8, 2009, (hereinafter "said Agreement") by which Contractor agreed to <br />install certain energy efficiency Facility Improvement Measures (FIM's) in City facilities. <br />B. October 1, 2009, Siemens Building Technologies, Inc. changed its name to "Siemens <br />Industry, Inc." All references to Siemens Building Technologies, Inc. shall mean Siemens <br />Industry, Inc. <br />C. Said Agreement is funded through the Department of Energy (DOE), Energy Efficiency and <br />Conservation Block Grant (EECBG) Program. <br />D. The Parties agreed that they would comply with all requirements governing the EECBG <br />program. The DOE has promulgated rules requiring that both the recipient and contractor <br />receiving EECBG funding, agree to be bound by all Special Provisions Relating to Work <br />Funded under American Recovery and Reinvestment Act of 2009. <br />E. In accordance with the terms and conditions of said Agreement, the parties wish to further <br />specify the provisions with which the project will comply. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 5., GRANT FINANCING AND ASSURANCES, shall be amended by deleting <br />subsection "B" in its entirety and replacing it with the following: <br />`B. Contractor shall comply with all applicable requirements of state and federal laws, executive <br />orders, regulations, program and administrative requirements, policies and any other requirements <br />governing the EECBG program, including the following: <br />1. Registration Requirements <br />Contractor shall maintain current registration in the Center Contractor Registration <br />(http//www.ecr.gov) at all times during which it is contracting to provide services <br />funded with ARRA funds. <br />2. Nondiscrimination and Affirmative Action