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12. Agreement Statement <br />SMAART POWER has reviewed the sample agreement contract and finds no areas of <br />concern except item #1 in the following in regards to the agreement: <br />1. SMAART POWER is not certain if "Arc Flash Study Development for the City <br />of Santa Ana" falls under prevailing wage requirements as indicated in <br />Attachment-4 Section.4 therefore SMAART POWER considers the provided <br />"Fees and Standard Cost Schedule" is applicable to this project as indicated <br />in the "FEE & STANDARD COST SCHEDULE" attachment. <br />2. Be able to perform the agreed upon work with knowledge and expertise <br />3. Complete the project as defined in Scope of Services <br />4. Accept payment as outlined and will provide applicable invoices evidencing <br />work performed <br />5. Be construed as an independent contractor for the city of Santa Ana. <br />6. Allow non-exclusive and perpetual license for the city to use and copy <br />programs created <br />7. Provide proof of insurance as required <br />8. Maintain confidentiality in regard to information that may be proprietary or <br />confidential <br />9. Have no conflicting interests in regards to this projects and the performance <br />of services. <br />City Council 17 —114 10/18/2022 <br />