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INSURANCE ON FILE <br />WORK MAY PROCEED <br />o UNTIL INSURANCE EXPIRES <br />m CLERK OF COUNCIL <br />DATE: <br />N-2021-164 <br />AGREEMENT WITH PROCURE AMERICA FOR CONSULTING SERVICES <br />THIS AGREEMENT is made and entered into this A day of July, 2021, by and between Procure <br />America, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />911JA(A&'aUUUUI RECITALS <br />A. The City desires to retain a consultant to provide consulting services consisting of a preliminary <br />review of the City's Southern California Edison street light rates to determine whether there is a <br />potential for cost savings and/or rate changes. <br />B. Consultant has previously provided these services to the City and represents that it is able and <br />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 />SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, provide consulting services consisting <br />of a preliminary review of the City's Southern California Edison street light rates to determine whether <br />there is a potential for cost savings and/or rate changes, as more fully described and set forth in Exhibit <br />A, attached hereto and incorporated by reference. To the extent that any terms set forth in Exhibit A <br />conflict with this Agreement, the terms of this Agreement shall prevail. <br />2. COMPENSATION <br />Consultant will conduct the preliminary review without compensation but with the potential that, <br />as outlined in Exhibit A, the City will proceed with the implementation of any cost savings measures or <br />rate changes identified by Consultant. To the extent that City decides to proceed with any recommended <br />costs saving measures or rate changes, the parties would enter into another Agreement or amendment to <br />outline the terns of said Agreement. <br />R�0a1Pt3i <br />This Agreement shall commence on the date first written and terminate on June 30, 2022, unless <br />terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended <br />for up to one (1) year period upon a writing executed by the City Manager and City Attorney. <br />Page I of 9 <br />