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liiiSURANCE ON - . E WORK MAY ?RO{: H UNPL ID'S ,??`? 11LERK OF COUNT _ AMENDMENT TO AGREEMENT UNDER DATF (0-6- 10 THE WORKFORCE INVESTMENT ACT (AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009) A-2010-026-01 THIS AMENDMENT, made and entered into thi&day of September, 2010, by and between Essergy Consulting ("Contractor") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS 4 ? y U A. The City and Contractor entered into that certain Agreement Under the Workforce Investment Act (American Recovery and Reinvestment Act of 2009) effective February 1, 2010 (Agreement #A-2010-026), hereinafter referred to as "said Agreement". B. The parties hereto now desire to amend Exhibit F which is attached to said Agreement, in order to update and clarify Contractor's Budget and Budget Narrative. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Exhibit F to said Agreement is hereby replaced with the amended Exhibit F, attached hereto and incorporated herein by reference. The amount of City's Obligation remains as stated in said Agreement. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: l??u; yam. ?T Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: a- Lisa E, torck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: / I----? _ David N. Ream City Manager "CONTRACTOR" 1 BY:` Name: Dr. Phi5KBorden Title: Principal