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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COLOR -AD, INC., FOR <br />INTERPRETIVE EXHIBITS AT THE SANTIAGO CREEK ECO-CENTER <br />THIS AGREEMENT is made and entered into on this 6th day of June, 2023 by and between Color - <br />Ad, Inc., a Virginia corporation ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On December 14, 2022, the City issued Request for Proposal ("RFP") No. 22-111, by <br />which is sought a qualified contractor having special skill and knowledge in the field of <br />design, fabrication, and installation of interpretive displays at City zoos, aquariums, <br />museums, and nature centers. <br />B. Contractor submitted a responsive proposal that was selected by the City. Contractor <br />represents that it is able and willing to provide such services described in the scope of work <br />that was included in RFP No. 22-111. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 />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 />1. SCOPE OF SERVICES <br />Contractor shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in "Scope of Services," which was <br />included in RFP 22-111 and is attached hereto and fully incorporated by reference as Exhibit A <br />and as more specifically set forth in Contractor's proposal, which is attached hereto and fully <br />incorporated herein by reference as Exhibit B. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit B. The total amount to be expended <br />during the term of this Agreement shall not exceed Nine Hundred Thousand Dollars <br />and Zero Cents ($900,000). <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work completed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Page 1 of 9 <br />#19793v4 <br />