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SECOND AMENDMENT TO AGREEMENT <br />FOR THE PURCHASE AND INSTALLATION <br />OF ENERGY CONSERVATION MEASURES <br />This Second Amendment to Agreement is made and entered into on the 2nd day of May, <br />2011, by and between Siemens Industry, Inc. (herein "Contractor"), and City of Santa Ana <br />(herein "City"), collectively, ("Parties"). <br />RECITALS: <br />A. The City and Siemens Building Technologies, Inc. entered into Agreement A-2009- <br />144, dated September 8, 2009, (hereinafter "said Agreement") by which Contractor <br />agreed to install certain energy efficiency Facility Improvement Measures (FIM's) in <br />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 <br />Siemens Industry, Inc. <br />C. Said Agreement is funded through the Department of Energy (DOE), Energy <br />Efficiency and Conservation Block Grant (EECBG) Program. <br />D. The original Scope of Work agreed between the parties included projects that were <br />completed before the Agreement could be commenced, therefore, funding for those <br />projects is available for additional energy efficiency projects in the City. <br />E. The City has earned rebates from Southern California Edison as a result of these and <br />other energy efficiency measures implemented by City. The EECBG funding <br />requires that those rebate funds either be returned to the DOE or be utilized for <br />additional energy efficiency projects. <br />F. The City has identified additional funding to provide for energy efficiency projects in <br />certain City Parks. <br />G. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend the Scope of Work, to include additional energy efficiency lighting upgrades <br />in City facilities and Parks, and to increase compensation to pay for those additional <br />energy efficiency measures. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Agreement, the parties agree as follows: <br />25D-3