MARKETING POWER, INC dba ENERGY RETROFIT, CO.

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INSURANCE NOT ON FILE A-2018-260 WORK MAY j�.Z( T, PROCEED CLERK OF COUNCIL DATE: JAN 14 2019 ®®� �, AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE CITY OF SANTA ANA ROSS ANNEX PARKING GARAGE THIS AGREEMENT is made and entered into this 20th day of November, 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 6, 2018, the City issued Request for Proposal No. 18-070, by which it sought a contractor to provide and install advanced energy-efficient lighting fixtures and controls at the Ross Annex Parking Garage. 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. 18-070. 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. 18-070 and as more specifically delineated by Contractor's proposal (Option A), 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. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $39,928. This sum is comprised of (1) the Contractor's estimated project cost of $38,027 and (2) a 5% contingency in the amount of $1,901 for additional services at the City's sole discretion. b. Contractor agrees to accept partial payment for services under this Agreement through the (1) "On -Bill Financing" Program and (2) Energy Management Solutions Incentive that have been separately established and approved between the 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