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AGREEMENT WITH SERVICE FIRST TO PROVIDE <br />MAINTENANCE SERVICES FOR CITY POOL SITES <br />THIS AGREEMENT is made and entered into on this 21't day of February, 2023 by and between <br />Service First ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RBCITALS <br />A. As set forth in Request for Proposal ("RFP") No.22-167 , tlie City desires to retain a Consultant <br />liaving special skill and knowledge in the field of qualified and comprehensive pool <br />maintenance for five (5) of the City's pool sites. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undeftaking the performance of this Agreernent, Consultant represents that it is <br />knowledgeable in its field and that any services perfonned by Consultant under this Agreement <br />will be perfonned in compliance with such standards as may reasonably be expected fi'om a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the tenns <br />and conditions hereinafter set fofth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform all services described in "scope of Work" that was included in RFP <br />No.22-167, which is attached hereto and fully incorporated herein by this reference as Exhibit A. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Consultant's "Fee Proposal", which is attached <br />hereto and fully incorporated herein by this reference as Exhibit B. The total amount to <br />be expended under this Agreement shall not exceed $1,240,675.00 during the term of this <br />Agreement, including any extension periods. This sum is comprised of (1) the base annual <br />amount of $198,135.00 and (2) an annual contingency in an amount not to exceed <br />$50,000.00, exercisable at City's sole discretion, for on-call and/or emergency services, as <br />well as for extra work and/or repairs to be performed by Consultant. <br />Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by Crty. <br />3.TERM <br />a, <br />b. <br />This Agreement <br />February 20,2026 with <br />Agreement, exercisable <br />#254137v2 <br />shall commence on February 27,2023 for a three (3) year term ending on <br />the option for the City to grant up to two (2), one-year extensions of the <br />by a writing by the City Manager and the City Attorney, unless terminated <br />Page 1 of9 <br />EXHIBIT 1