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l?f g 2012 <br />p?. FMS/F1ee't- ??? <br />R??' 1"oY'g°Y'?` City of SANTA ANA Agreement No. <br />N-2012-121 <br />PARTICIPANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />CALIFORNIA CENTER FOR SUSTAINABLE ENERGY <br />FOR PARTICIPATION IN SOUTHERN CALIFORNIA ROOFTOP SOLAR CHALLENGE <br />DOE Award Number DE-EE0005696 <br />THIS AGREEMENT (hereinafter the "Agreement") is entered into on the commence date <br />shown in Section 1 below, by California Center for Sustainable Energy, a California non-profit <br />501(c)(3) corporation (hereinafter "GCSE") and the City of Santa Ana (hereinafter <br />"PARTICIPANT"). GCSE and PARTICIPANT are also each individually referred to herein as "Party" <br />and collectively as "Parties." <br />RECITALS <br />A. WHEREAS, GCSE has contracted with the City of Santa Ana (hereinafter <br />"PARTICIPANT") to provide "Participation and Input into the Southern California Rooftop Solar <br />Challenge" (hereinafter the "Services"), the scope of which is incorporated in its entirety by this <br />reference and attached to this Agreement as Attachment A. The Streamlining Solar Standards <br />and Process: Southern California Rooftop Challenge contract between GCSE and the <br />Department of Energy ("DOE") dated February 22, 2012 (the "Prime Contract"), which <br />Agreement is hereby incorporated in its entirety by this reference and attached to this <br />Agreement as Attachment B and C; and <br />B. WHEREAS, GCSE desires to subcontract with PARTICIPANT to perform the <br />Services called for under the Agreement, and PARTICIPANT, having read the Agreement, desires <br />to contract with GCSE to perform the Services; and <br />C. WHEREAS, GCSE and PARTICIPANT desire to formalize their legal relationship <br />regarding performance of the Services and all related necessary work as further set forth in the <br />Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein <br />contained, the Parties hereby agree as follows: <br />1. Term. The term of this Agreement shall commence on February 22, 2012, and end on <br />February 21, 2013, unless the Services are completed sooner, the Prime Contract is terminated <br />sooner or extended by the DOE, or this Agreement is terminated sooner by either of the Parties <br />pursuant to Section 6 below. <br />2. Compensation. GCSE will receive payments from DOE for the Services rendered under <br />the Prime Contract, and PARTICIPANT shall receive compensation from GCSE. PARTICIPANT'S <br />compensation is not to exceed the amount of $23,362 for all Services performed under this