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EXHIBIT 5 <br />AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE <br />CITY OF SANTA ANA POLICE DEPARTMENT <br />THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between <br />MarketingPower, Inc. dba Energy Retrofit Co. ("Contractor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. On August 3, 2018, the City issued Request for Proposal No. 18-069, by which it <br />sought a contractor to provide and install advanced energy-efficient lighting <br />fixtures and controls at the City of Santa Ana Police Department Administration <br />Building. <br />B. Contractor submitted a responsive proposal that was selected by the City. <br />Contractor represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 18-069. <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 <br />be expected from a professional contracting 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 />Contractor shall perform the services that were described in the scope of work that was <br />included in RFP No. 18-069 and as more specifically delineated in Contractor's proposal, which <br />is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. Contractor agrees to accept as total payment for its services under this Agreement, <br />the rates and charges identified in Exhibit B. The total sum to be expended under <br />the term of this Agreement, including any extension periods, shall not exceed <br />$656,847. This sum is comprised of (1) the Contractor's estimated project cost of <br />$632,328, and (2) an approximate 4% contingency in the amount of $24,519 for <br />additional services at the City's sole discretion. <br />b. Contractor agrees to accept full payment for all services under this Agreement <br />exclusively through the (1) "On -Bill Financing" Program and (2) Energy <br />Management Solutions Incentive that have been separately established and <br />approved between the City and Southern California Edison. The payment <br />Page t of 8 <br />25B-65 <br />