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INSURANCE ON PILE A-2011-245 ? WORK MAY PROClnEB UNT\4 INSURANCE EXPIF?ESZ CLERK OF COUNCIL ?,-?' ? - ?- ? - ? Z- CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of November, 2011 by and between ICLEI -Local Governments for Sustainability USA, anon-profit organization, (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 J A. The City desires to retain a technical consultant having special skill and knowledge in the field of ? greenhouse gas inventory and climate action plan services. 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 it is knowledgeable in its 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 fun in the field.. NOW THEREk`ORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OB SERVICES Consultant shall develop a comprehensive greenhouse gas (GHG) inventory for both the Community and Municipal Operations and a Climate Action Plan (CAP) for the City. The CAP will focus on energy efficiency, transportation and land use, planning building standazds, water, and solid waste. The CAP will provide cost-effective, sustainable solutions to reduce the City's environmental footprin#_ Consultant shall provide all required data to meet the reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison and perform those services as set forth in Exhibit A, Project Approach and Scope of Work and Exhibit B, Project Schedule, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the deliverable fees identified in Exhibit C, Fee Schedule. The total sum to be expended under this Agreement shall not exceed $265,860 during the term of this Agreement. Funding for this project is subject to the continued funding under the California Energy Efficiency Strategic Planning Implementation Contract with the City. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing milestones and deliverables completed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. WORK PRODUCT Consultant represents and warrants the Consultant's contribution #o the GHG Inventory and Climate Action Plan, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to