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I NSURANCE ON FLE WORK MAY PROCEED UNTIL INSF EX�S CITY CLERK DATE: A-2023-095 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COLOR -AD, INC., FOR r �\ INTERPRETIVE EXHIBITS AT THE SANTIAGO CREEK ECO-CENTER THIS AGREEMENT is made and entered into on this 6th day of June, 2023 by and between Color- ( 9MJ 1 Ad, Inc., a Virginia corporation ("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 ("City"). RECITALS A. On December 14, 2022, the City issued Request for Proposal ("RFP") No. 22-111, by which is sought a qualified contractor having special skill and knowledge in the field of design, fabrication, and installation of interpretive displays at City zoos, aquariums, :M museums, and nature centers. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 22-111. 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: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services," which was included in RFP 22-111 and is attached hereto and fully incorporated by reference as Exhibit A and as more specifically set forth in Contractor's proposal, which is attached hereto and fully incorporated herein by reference as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed Nine Hundred Thousand Dollars and Zero Cents ($900,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work 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. Page 1 of 9 #19793v4