25E - AGMT - ENERGY EFFICENT TECH

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Exhibit 1 AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT ( "Agreemenn, made and entered into this 20`x' day of May, 2014, by Siemens Industry, Inc., (hereinafter "Contractor"), 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"), A. The City desires to retain a Contractor having special skill and knowledge in the field of advanced energy efficient lighting technology to implement an energy management system in City Hall and the Ross Annex. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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: SCOPE OF SERVICES Contractor shall to implement an energy management system in City Hall and the Ross Annex and install energy efficient lighting technology pursuant to Contractor's proposal no. JM29FY14 dated April 2, 2014, attached as Exhibit "A" hereto and incorporated by this reference. 2. COMPENSATION The Contractor agrees to accept as total payment for its services a sum not to exceed $620,000.00. Contractor acknowledges that funding for this project is contingent on City obtaining and maintaining financing through the Southern California Edison (SCE) On -Bill Financing (OBF) Program. Contractor agrees that any inability by City to obtain OBF or interruption in the OBF shall be grounds for City to terminate this Agreement and City's obligations hereunder. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2015. The term of the Agreement may be extended by a writing executed by the Director of the Public Works Agency. 4. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all apati- ljysndards and regulations governing such services.