MARKETINGPOWER, INC. dba ENERGY RETROFIT CO. (2)

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INSURANCE NOT ON FILE A-2418-248 WORK MAY �T PROCEED CLERK OF COUNCIL. ® DATE: SEP 1 3 2010 V pk>N o AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE t LMa Pt CITY OF SANTA ANA CORPORATE YARD THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between MarketingPower, Inc, dba Energy Retrofit Co. ("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 ("City"), RECITALS A, On August 9, 2018, the City issued Request for Proposal No. 18-071, by which it sought a contractor to provide and install advanced energy-efficient lighting fixtures and controls at the City of Santa Ana Corporate Yard. B. Contractor submitted a responsive proposal that was selected by the City, Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-071. 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 contracting 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: 1. SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 18-071 and as more specifically delineated in Contractor's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B, 'rhe total sum to be expended Linder the term of this Agreement, including any extension periods, shall not exceed $446,969. This sum is comprised of (1) the Contractor's estimated project cost of $406,335 and (2) a 10% contingency in the amount of $40,634 for additional services at the City's sole discretion. b. Contractor agrees to accept full payment for all services under this Agreement exclusively through the (1) "On -Bill Financing" Program and (2) Energy Management Solutions Incentive that have been separately established and approved betweenthe City and Southern California Edison. The payment obligations established through these means are intended to and shall survive expiration of this Agreement. Page 1 of 8