MARIANN LONG AND ASSOCIATES -2011

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INSURANCE C N c10" WORK MAY Pft()CEEt' UNU INSUR? !(, F GLERY, bF CC INCI'_ CONSULTANT AGREEMENT A- 2011 -212 THIS AGREEMENT, made and entered into this 6"' day of September, 2011 by and between Mariann Long and Associates, a sole proprietor (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of energy efficiency, sustainability and greenhouse gas emission reduction. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that she is knowledgeable in her field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide energy efficiency and sustainability consulting services including, but not limited to, 1) coordinate the services of technical consultants to develop a baseline green house gas inventory and climate action plan; 2) coordinate California Green Building and LEED Certification training for staff and committee /commission members; and 3) coordinate and lead the implementation of tasks, including all reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison; as set forth in Exhibit A, attached hereto and incorporated by reference. Upon award of this Agreement, Consultant shall prepare a timeline setting forth the tasks required pursuant to this Agreement, the deliverables associated with each subtask, and the compensation for the completion of each subtask and the associated deliverable. City may revise said timeline and deliverable schedule. However, when the parties have agreed to the final document, any subsequent changes may be made only upon the mutual agreement of the parties. Said timeline and deliverables shall be attached to this Agreement as Exhibit A -1 and incorporated by reference. CONTRACT EXCEPTIONS The City has been approved for grant funds of $322,800 to complete the services outlined herein. However, funding for this project is subject to the California Public Utilities Commission's Long -Term Energy Efficiency Strategic Plan funding which currently expires November 30, 2012. During the initial term, from time of execution of this Agreement through November 30, 2012, Consultant will oversee 1) the coordination and development of the Baseline Green House Gas Inventory; 2) the preparation and development of a Climate Action Plan; and 3) the Green Building and LEED training during the term of this Agreement. If the funding