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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 2"d day of June 2008 by and between <br />Siemens Building Technologies, Inc., California Corporation (hereinafter "Consultant"), and the <br />City of 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 desires to retain a consultant having special skill and knowledge in the energy <br />conservation field including providing professional design, construction and <br />implementation of energy conservation projects. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant 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 the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform a Comprehensive Energy Analysis (CEA) audit and preliminary <br />engineering assessments of City facilities. City shall assist Consultant's engineering staff with <br />the audit by providing historical energy records, full access to building equipment, accurate <br />occupancy levels, building operating schedules and any other reasonable information necessary <br />to conduct a professional energy audit and final project development. <br />Consultant will provide a CEA and final proposal of suggested energy conservation <br />measures within sixty (60) days of commencement of the energy audit. The Proposal shall <br />include information regarding improvements, both capital and operating, which the City may <br />utilize in order to conserve energy, reduce energy use and lower costs of operating City facilities. <br />The audit will include assessment of current conditions and prediction of future utility use after <br />conservation measures have been implemented. A thorough Cost and Savings analysis will be <br />provided for each suggested improvement implementation. Consultant will review "Rebate" and <br />"Incentive" programs offered by local utilities which maybe available and beneficial to the City <br />if suggested improvements are implemented. <br />250-8 <br />