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AGREEMENT FOR THE PURCHASE AND INSTALLATION <br />OF ENERGY CONSERVATION MEASURES <br />This Performance Service Agreement (the "Agreement") is made and entered into on this, the <br />_ of 2009, by and between Siemens Building Technologies, Inc., a Delaware <br />Corporation, with offices at 10775 Business Center Drive, Cypress, CA 90630 (herein <br />"Contractor"), and City of Santa Ana a charter city and municipal corporation duly organized and <br />existing under the Constitution and laws of the State of California, 20 Civic Center Plaza, Santa <br />Ana, CA 92702 (herein "Customer" or "City"), collectively, ("Parties"). <br />RECITALS <br />A. The City council declares its intention of reducing energy consumption within <br />the City. <br />B. The City desires to retain a Contractor having special skill and knowledge in the <br />field of furnishing, installing and maintaining energy conservation measures to <br />minimize energy consumption in City buildings. <br />C. Contractor represents that Contractor is able and willing to provide such services <br />to the City. <br />D. The American Recovery and Reinvestment Act of 2009 (ARRA) appropriates <br />funding for the Department of Energy (DOE) to award grants to local <br />government under the Energy Efficiency and Conservation Block Grant <br />(EECBG) Program. <br />E. Contractor represents that it has conducted energy efficiency test of City <br />facilities, utilizing best practice techniques available for verifying the results of <br />energy efficiency, to determine the energy savings that City will recognize as a <br />result of implementing recommended energy efficiency measures. <br />F. Contractor represents that it has complied with all applicable City and State laws <br />and regulations including but not limited to all applicable City contract bid <br />requirements and prevailing wage requirements. <br />G. In undertaking the performance of this Agreement, Contractor represents that it <br />is knowledgeable in its field and that any services performed by Contractor <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from an Energy Services Contractor. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />25D-5 <br />