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AGREEMENT FOR PREPARATION OF WATER ENTERPRISE <br />ALTERNATIVE ENERGY FEASIBILITY STUDY <br />THIS AGREEMENT is made and entered into this 6th day of March, 2018 by and between <br />Newcomb Anderson McCormick, Inc. ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On November 2, 2017, the City issued Request for Proposal No. 17,118, by <br />which it sought a consultant to prepare a Water Enterprise Alternative Energy <br />Feasibility Study, <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described <br />in the scope of work that was included in RFP No. 17-118. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting 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 />SCOPE OF SERVICES <br />Consultant shall perform the services that were described in the scope of work that was <br />included in RFP No. 17-118 and as more specifically delineated in Consultant's proposal, which <br />is attached as Exhibit A and incorporated in full, <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Exhibit B, The <br />total sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $75,000. This sum includes the (1) base fee of <br />$59,400 plus (2) $15,600 for optional services to be performed at the sole <br />discretion of City, <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />procedures, Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals and Scope of Work, which may <br />reasonably be expected by City. <br />Exhibit 1 <br />Page 1 of 8 <br />25A-3 <br />