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Page 1 of 10 <br /> <br />AGREEMENT WITH ICE-AMERICA TO PROVIDE <br />AN OUTDOOR HOLIDAY ICE SKATING RINK FOR WINTER VILLAGE 2022 <br /> <br />THIS AGREEMENT is made and entered into on this 18th day of October, 2022, by and <br />between Seaside Ice, LLC, a California limited liability company doing business as Ice-America <br />(“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (“City”). Contractor and City <br />are also referred to collectively as “the Parties” or individually as a “Party.” <br /> <br />RECITALS <br /> <br />A. The City desires to retain a contractor having special skill and knowledge regarding the <br />installation, providing of equipment, and maintenance of a portable outdoor ice-skating <br />rink in the City and to provide support services for operation of this ice skating rink. <br /> <br />B. Contractor represents that it is able and willing to provide such services to the City. <br /> <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 /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Contractor shall construct, provide all equipment for, and operate a portable outdoor ice <br />rink of 82 feet x 50 feet (4100 square feet) in a location specified by the City and as set forth in <br />detail in Contractor’s proposal, attached hereto as Exhibit A, and incorporated by reference. <br /> <br />2. COMPENSATION <br /> <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 A. The total amount authorized during <br />the term of this Agreement shall not exceed Seven Hundred Seven Thousand, Two <br />Hundred Sixteen Dollars and Zero Cents ($707,062). This sum is comprised of (1) the <br />base amount of $646,462 and (2) a contingency in the amount of $60,600 in case the <br />event requires additional generator power. <br /> <br />b. Payment of deposit in the amount of Fifty Thousand Dollars and Zero Cents ($50,000) <br />shall be processed and made available, subject to City accounting procedures, for <br />FedEx to Contractor on 10/19/22. <br /> <br />c. Payment of Fifty Percent (50%) of base amount, Two Hundred Ninety-Eight Thousand, <br />Two Hundred Thirty-One Dollars and Zero Cents ($298,231), shall be processed and <br />made available, subject to City accounting procedures, for FedEx to Contractor on