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Appendix <br />ATTACHMENT 2 <br />STANDARD AGREEMENT <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this day of , 201_ by and between <br />'a [insert type of business: sole ownership entity, LLP, etc], (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing <br />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 field of energy <br />efficiency lighting services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />This project is funded by Southern California Edison (SCE) cash incentives and On Bill <br />Financing. By submitting a bid, the bidder agrees, if awarded the contract, to finance the cost of the <br />project and to be paid directly by SCE. If the final cost of the project exceeds the total of SCE payments, <br />the City shall pay the difference to the awarded contractor. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on , 201X, <br />unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be <br />extended upon a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />25D-37 <br />