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INSURANGt U14 KE <br />I'V'ORK 1MAY PROCEED <br />UNTIL 1[6URANCE EXPIRES <br />Cb-31•�3 <br />CLERK OF COUVUUCP t,. 2 O ZO22 <br />DUE: <br />t2) <br />A-2022-205-02 <br />0 : �Wl AGREEMENT WITH SMAART POWER, LLC, TO PROVIDE ARC FLASH ANALYSIS AND <br />�grywrdo\_^v ELECTRICAL SAFETY PROGRAM DEVELOPMENT SERVICES FOR THE CITY OF <br />� <br />�lSANTA ANA <br />THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between <br />SMAART Power, LLC, a California company ("Contractor"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On April 21, 2022, the City issued Request for Proposal No. 22-023, by which it sought a <br />Contractor to provide arc flash analysis and electrical safety program development for the <br />Public Works Agency Water Resources Division. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. <br />Contractor represents that it is able and willing to provide the services described in the <br />scope of work that was included in RFP 22-023. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform the services described in the scope of work that was included in RFP No. <br />22-023, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, <br />which is attached as Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) <br />contractors selected to provide arc flash analysis and electrical safety program development <br />under RFP 22-023. The total compensation for these services provided by all such contractors <br />selected under RFP 22-023 shall not exceed the shared aggregate amount of Five Hundred <br />Thousand Dollars and Zero Cents ($500,000) during the term of the Agreement, including any <br />extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />Page I of 9 <br />