SIEMENS INDUSTRY, INC. 12 -2014 - Laserfiche WebLink

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INSURANCE ON PILE tNORK MAY PROOF U UNTIL INSURANCk EXPIRES oOF ff -d -Zit P CLERK COUNCIL PATE: &_ S -!q AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES A -2014 -117 THIS ACREBUrN ] (Agreement " }, made and entered into this 20`x' dray of May, 2014, by Siemeas Industry, Inc,, (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RLMAU A. The City desires to retain u Contractor having special skill and lmowledge in the field of advanced energy efficient lighting technology to implement an energy management system in City Bail and the Ross Armes. 13, Contractor represents that it is able and willing to provide such services to the City, C, 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 f rm in the field. NOW THERE, FORE, in consideration of the mutual and respective pronvses, and subject to the terms and conditions hereinafter set forth, tho parties agree as follows: T. SCOPE OF SERVICES Contractor shall to implement an energy mariagenient system in City Hall and the Ross Annex and install energy efficient lighting toolurology pursuant to Contractor's proposal no, 7M20F'Y14 dated April 2, 2014, attached as Exhibit "A" hereto and Incorporated by this reference. 2. COMPENSATION The Contractor agrees to accept as total payment for its services a sign not to exceed $620,000,00. Contractor acknowledgoa that finading for this project is contingent on City obtaining and maintaining financing through the Southern California Edison (SCE) On- Bill 1lnaneing (Ol3P) Prograan. Contractor agrees that any inability by City to obtain 013F or interruption in the OBF shall be grounds for City to terminate this Agreement and City's obligations hereunder. 3, TERM Titis Agreement shall corn mend on the (late fast written above and termfnato on June 30, 2015. Tho tenon of the Agreement may be extended by a writing executed by the O senor of the Public forks Agency. 4. OWNERSHIP OF REPORTS AND DOCI MENT6 The originals of all snaps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the propoity of City. Copies may be wade fbr, Contracdtr's records bul: shall not be furnished to othors without written authorization front City. Such delivorables shall be dooated works niade for hire and all rights in copyright therein shalt be retained by City, 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire terry of this Agreement, be construed to be aii indepmident contractor and not an araployeo of the City. This Agreement is not 'intended nor shall it be constsucd to create an employer - ornployee, retationuslaip or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.