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<br />~ <br /> <br />iNSU~ANCE ON FILE N-2008-086 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br /> <br />1/ - I -(?Ii' we- <br /> <br />CLERK OF COUNCIL <br /> <br />DATE: 7-1&>-0'6 CONSULTANT AGREEMENT <br /> <br />rJ - Pt-cJ!'1 (1-) <br />, '-I-, Fe: "el,' '\ THIS AGREEMENT, made and entered into this 3'd day of July, 2008 by and between <br /> <br />( 10, ,5 1 EES Consulting, Inc., a Washington corporation (hereinafter "Consultant"), and the City of Santa <br /> <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br /> <br />laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />climate change / energy efficiency consultation services. <br /> <br />B. Consultant represents that Consu]tant is able and willing to provide such services to the <br />City. <br /> <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 this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall provide those services necessary to develop an RFP for a Strategic <br />Energy Plan Study, as set forth in Exhibit A to this Agreement. <br /> <br />2. WARRANTIES <br /> <br />Consultant warrants and represents that it has the absolute right to enter into and perform <br />this agreement and will perform its obligations hereunder in accordance with standards and <br />practices prevailing in the industry. Consultant's contribution to the RFP, including documents <br />to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or <br />personal rights of any third person or party. <br /> <br />3. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $] ],040.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />