Agenda Packet_2022-05-03 - Laserfiche WebLink

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EXHIBIT 1 AGREEMENT WITH PROCURE AMIERICA FOR COST RECOVERY SERVICES THIS AGREEMENT is made and entered into this day of May,2022,by and between Procure America, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laves of the State of California ("City"). RECITALS A. The City desires to retain Consultant to provide consulting services consisting of monitoring the City's cost recovery from Southern California Edison ("SCE") due to implementation of Consultant's recommended cost recovery/rate changes resulting from: Consultant's preliminary review of City's street Iight rates and billing from SCE under Agreement No_ N-2021-164. The review identified cost saving changes of approximately$187,427.04 per year. S. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. C. The cost recovery percentage rate specified in this Agreement results from Cooperative Agreement RCA-017-19010018 between Consultant and the County of Orange from which City has been provided the benefit of the County's previously negotiated rate. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: I. SCOPE OF SERVICES Consultant shall provide consulting services, during the term of this Agreement, consisting of monitoring cost savings from SCE for City street light costs resulting from rate changes implemented as a result of Consultant's preliminary review conducted under Agreement No.N-2021-164. Monitoring of costs includes monthly review of City bills from SCE pertaining to streetlights and interaction with SCE as necessary to implement and recover cost savings. 2. COMPENSATION City will pay Consultant quarterly in arrears thirty (30%) percent of the actual monthly savings (cost recovery) received from SCE regarding City street light electricity expenses. Actual monthly cost recovery amount will be subject to verification by the City prior to payment. Compensation will include time period starting October 1, 2021 to the date of this Agreement and continue during the term of this Agreement. Compensation during the term of this Agreement shall not exceed three hundred and ten thousand dollars and zero cents ($310,000.00). Page I of 9 City Council 24 — 4 5/3/2022