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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />I'(0'Z5 <br />CLERK OF COUNCIL <br />DATE: <br />A-2022-067 <br />AGREEMENT WITH PROCURE AMERICA FOR COST RECOVERY SERVICES <br />6-Tk)ACR2-4 P-Vi A) (AV)2 <br />N THIS AGREEMENT is made and entered into this _ day of May, 2022, 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 />r <br />("City„). <br />RECITALS <br />A. The City desires to retain Consultant to provide consulting services consisting of monitoring the <br />City's cost recovery from Southern California Edison ("SCE") due to implementation of <br />Consultant's recommended cost recovery/rate changes resulting from Consultant's preliminary <br />review of City's street light rates and billing from SCE under Agreement No_ N-2021-164. The <br />review identified cost saving changes of approximately $187,427.04 per year. <br />B. 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 />C. The cost recovery percentage rate specified in this Agreement results from Cooperative Agreement <br />RCA-017-19010018 between Consultant and the County of Orange from which City has been <br />provided the benefit of the County's previously negotiated rate_ <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 />Consultant shall provide consulting services, during the term of this Agreement, consisting of <br />monitoring cost savings from SCE for City street light costs resulting from rate changes implemented as <br />a result of Consultant's preliminary review conducted under Agreement No. N-2021-164. Monitoring of <br />costs includes monthly review of City bills from SCE pertaining to streetlights and interaction with SCE <br />as necessary to implement and recover cost savings. <br />2. COMPENSATION <br />City will pay Consultant quarterly in arrears thirty (30%) percent of the actual monthly savings <br />(cost recovery) received from SCE regarding City street light electricity expenses. Actual monthly cost <br />recovery amount will be subject to verification by the City prior to payment Compensation will include <br />time period starting October 1, 2021 to the date of this Agreement and continue during the term of this <br />Agreement. Compensation during the term of this Agreement shall not exceed three hundred and ten <br />thousand dollars and zero cents ($310,000.00). <br />Page 1 of 9 <br />