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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL, <br />A-2019-180 <br />DATE: 0` 1 1 1 Z JEROME PARK <br />o�_�RcSAb> <br />THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between <br />Nila, Inc, a California Corporation dba Nila Sports, (hereinafter "Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City issued a Request for Proposals ("RFP") (RFP No. 19-056) and Addendums 1-3 for <br />furnishing labor and materials to retrofit the lighting at City's Jerome Park by installing LED <br />lighting ("the project"). <br />B. On July 1, 2019, Contractor submitted a proposal, which thereafter ranked the highest in the <br />evaluation process. <br />C. The parties acknowledge that the funding for the project is On Bill Financing ("OBF") <br />proceeds and incentives from Southern California Edison ("Edison"). Edison has approved <br />the project for OBF proceeds. <br />D. The City desires to retain a Contractor having special skill and knowledge in the field of <br />retrofitting lighting fixtures through the installation of LED lighting at City's Jerome Park. <br />E. Contractor represents that Contractor is able and willing to provide such services to the City. <br />F. 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 be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Contractor shall furnish labor and materials to retrofit the lighting at City's Jerome Park <br />in the City of Santa Ana by installing LED lighting as set forth in the General Scope of Services <br />and Requirements of RFP No. 19-056 attached hereto as Exhibit A, all corresponding <br />Addendums issued for the RFP, and Contractor's proposal submitted July 1, 2019, in response <br />to RFP No. 19-056 incorporated by reference as if completely set forth in full in this Agreement. <br />No additions or change in scope for purposes of utilizing the contingency compensation will be <br />made without the written approval of the Executive Director of Parks, Recreation, and <br />Community Services Agency. Contractor will be responsible for any costs incurred outside of <br />the scope of services without written approval. <br />#95440 <br />