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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 6`h day of September, 2011 by and <br />between Mariann Long and Associates, a sole proprietor (hereinafter "Consultant"), and the City <br />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 field of <br />energy efficiency, sustainability and greenhouse gas emission reduction. <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 she is <br />knowledgeable in her 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 provide energy efficiency and sustainability consulting services <br />including, but not limited to, 1) coordinate the services of technical consultants to develop a <br />baseline green house gas inventory and climate action plan; 2) coordinate California Green <br />Building and LEED Certification training for staff and committee/commission members; and 3) <br />coordinate and lead the implementation of tasks, including all reporting requirements arising from <br />the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and <br />Southern California Edison; as set forth in Exhibit A, attached hereto and incorporated by <br />reference. <br />Upon award of this Agreement, Consultant shall prepare a timeline setting forth the tasks <br />required pursuant to this Agreement, the deliverables associated with each subtask, and the <br />compensation for the completion of each subtask and the associated deliverable. City may revise <br />said timeline and deliverable schedule. However, when the parties have agreed to the final <br />document, any subsequent changes may be made only upon the mutual agreement of the parties. <br />Said timeline and deliverables shall be attached to this Agreement as Exhibit A-1 and <br />incorporated by reference. <br />2. CONTRACT EXCEPTIONS <br />The City has been approved for grant funds of $322,800 to complete the services outlined <br />herein. However, funding for this project is subject to the California Public Utilities <br />Commission's Long-Term Energy Efficiency Strategic Plan funding which currently expires <br />November 30, 2012. During the initial term, from time of execution of this Agreement through <br />November 30, 2012, Consultant will oversee 1) the coordination and implementation of the <br />Baseline Green House Gas Inventory; 2) the preparation and development of a Climate Action <br />Plan; and 3) the Green Building and LEED training during the term of this Agreement. If the <br />Exhibit 1 <br />25E-3