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DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED <br />EXHIBIT 1 <br />AGREEMENT TO PROVIDE HVAC AND LIGHTING CONTROLS <br />TECHNICAL SUPPORT AND MAINTENANCE SERVICES <br />THIS AGREEMENT is made and entered into on June 2, 2020 by and between Siemens Industry, <br />Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide HVAC and lighting controls <br />technical support and maintenance services for City facilities. <br />B. City and Contractor previously entered into Agreement No. A-2015-078, dated <br />May 5, 2015, by which Contractor provided such services. That agreement expires <br />on June 30, 2020. <br />C. City and Contractor desire to enter into another agreement to provide continuity of <br />these services and because the respective systems are proprietary in nature. <br />D. 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 described in the scope of work that is included in <br />Contractor's proposal, a copy of which is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit A. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $661,659. This sum is comprised of: (1) the following annual base <br />amounts and (2) an annual contingency in the amount of $75,000 for additional <br />services at the City's sole discretion. <br />Year l: <br />$53,993 <br />Year 2: <br />$55,613 <br />Year 3: <br />$57,282 <br />Year 4: <br />$59,001 (if extended) <br />Year 5: <br />$60,770 (if extended) <br />