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A-2053-022 AGREEMENT FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF ENERGY CONSERVATION MEASURES This Performance Service Agreement (the "Agreement") is made and entered into on this, the ,3 of February, 2003, by and between Siemens Building Technologies, Inc., a Delaware Corporation, with offices at 10775 Business Center Drive, Cypress, CA 90630 (herein "Contractor"), and City of Santa Ana a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, 20 Civic Center Plaza, Santa Aha, CA 92702 (herein "Customer"), collectively, ("Parties"). RECITALS A. The City cotmcil declares its intention of reducing energy consumption within the City. The City desires to retain a Contractor having special skill and knowledge in the field of furnishing, installing and maintaining energy conservation measures to minimize energy consumption in City buildings. C. Contractor represents that Contractor is able and willing to provide such services to the City. Contractor represents that it has conducted energy efficiency test of City facilities, utilizing best practice techniques available for verifying the results of energy efficiency, to determine the energy savings that City will recognize as a result of implementing recommended energy efficiency measures. Contractor represents that it has complied with all City and State laws and regulations including but not limited to all applicable City contract bid requirements and prevailing wage requirements. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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: Section 1. DEFINITIONS The following definitions shall apply to this Agreement unless otherwise defined herein: