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Ir~~~RANC~ OIV FILE <br />yGi'ORft MAY frkUCEED `'~-' <br />UNTIL INSURANCE EXPIRES <br />to-L-b 'Z <br />CLERK OF COUNCIL <br />DATE; ~ _ la ~O Z <br />CONSULTANT AGREEMENT <br />.,.r+ <br />A-2002-161 <br />C (' ` ~ a THIS AGREEMENT, made and entered into this ~~day of August 2002 by and <br />~~ ~ between Siemens Building Technologies, Landis Division, California Corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the energy <br />conservation field including professional design, construction and implementation of <br />energy conservation projects. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant 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 <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />1. Consultant shall perform performs a professional energy audit of the City Facility's <br />as set forth in Exhibit A to this agreement. <br />City shall assist the Siemens Building Technologies, Landis Division engineering staff <br />with the audit by providing historical energy records, full access to building equipment, accurate <br />occupancy levels, building operating schedules and any other reasonable information necessary <br />to conduct a professional energy audit and final project development <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $35,000.00 during the term of this Agreement. Any and all <br />compensation paid by City to Siemans pursuant to this agreement shall be refunded to City upon <br />City election to retain Siemans to implement the energy conservation project. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />