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VORKM ?` `''' A-2010-026-02 ?,Y Rt ATIL LERKnF AGREEMENT TO EXTEND ?arF FE8 UNDER THE WORKFORCE INVESTMENT ACT 0 3 20H(AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009) THIS AGREEMENT TO EXTEND, made and entered into this 18,' day of January, 2011, 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' 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 9A- 2010-026), hereinafter referred to as "said Agreement". B. Said Agreement was amended on September 30, 2010 (Agreement #A-2010-026-01) in order to update and clarify Contractor's Budget and Budget Narrative. C. The parties hereto now desire to extend the Term of said Agreement. 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. Section III. "Time Period of Agreement" is hereby extended through June 30, 2011. As set forth in Section IIJ. of said Agreement, "The term of this Agreement may be extended by a writing executed by the Deputy City Manager for Development Services and the City Attorney." 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 Agreement to Extend the date and year first above written. APPROVED AS TO FORM: BY: ?- Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY BY: & Z?b 61 - A&X Cynthia J. Nelson Deputy City Manager for Development Services ATTEST: C/16 ziT--a /A MARIA D. HUIZAR CLERK OF THE COUNCIL