SIEMENS BUILDING TECHNOLOGIES 6A - 2009

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6. Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7. Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 8. Contractor shall comply with the Generally Applicable Requirements found at 10 CFR 600, Appendix A, and attached hereto as Exhibit F. 2. New Section 30, AUDIT AND INSPECTION OF RECORDS, shall be added, which will read as follows: "Section 30. AUDIT AND INSPECTION OF RECORDS Contractor shall provide City, the U.S. Department of Energy (DOE), the Comptroller General of the United States, or other agents of DOE, such access to Contractor's accounting books, records, payroll documents and facilities of the Contractor which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. Contractor shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Contractor's performance hereunder and for a period of three (3) years from the date of final payment by DOE. DOE's right to audit books and records directly related to this Agreement shall also extend to all first-tier subcontractors. Contractor shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary." New Section 31, INCORPORATION OF DOE ASSISTANCE REGULATIONS, shall be added which will read as follows: " Section 31. INCORPORATION OF DOE ASSISTANCE REGULATIONS All contractual provisions required by Department of Energy (DOE), whether or not expressly set forth in this document, as set forth in DOE Assistance Regulations, 10 CFR Part 600, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all DOE mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the DOE terms and conditions." 4. New Section 32, FEDERAL CHANGES, shall be added to read as follows: "Section 32. FEDERAL CHANGES Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement between the City and DOE , as they may be amended or promulgated from time to time during this Agreement. Contractor's failure to comply shall constitute a material breach of contract."