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AGREEMENT FOR <br />PROVISION OF SERVICES <br />THIS AGREEMENT, made and entered into this 15 1h day of August, 2011 by Republic Intelligent <br />Transportation Systems, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of energy <br />efficient LED street lights. <br />B. Proposer represents that Contractor is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor 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 />Contractor shall remove and dispose of the existing street light fixtures and acquire, install and <br />performance test new LED energy efficient fixtures on the existing street light poles in the City of Santa <br />Ana shown on Exhibit A, attached hereto and incorporated by this reference (hereinafter "Project"). Said <br />Project will be completed in accordance with the terms, conditions and specifications, as set forth in <br />Exhibit B, attached hereto and incorporated by this reference. <br />2. COMPENSATION <br />a. The City agrees to pay, and Contractor agrees to accept as total payment for its services, a <br />fixed price of $640.00 per replaced fixture. The total sum to be expended under this Agreement shall not <br />exceed $162,000.00 during the term of this Agreement. <br />b. The Project is funded through the Energy Management Solutions Agreement between City <br />and Southern California Edison (SCE). Payment to Contractor shall be made after completion and City <br />acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used <br />in the Project. Within thirty (30) days after receipt of such report, and receipt of payment by SCE, City <br />shall pay Contractor, subject to City accounting procedures. Payment need not be made for work which <br />fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by <br />City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, 2012, unless <br />terminated earlier in accordance with Section 13, below. However, contractor shall perform all work <br />items required by this Agreement within the schedule approved by the Executive Director of Public <br />Works. <br />25F-5