Item 15 - Fountain Maintenance Services Agreement

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AGREEMENT TO PROVIDE FOUNTAIN MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT is made and entered into this 161h day of November, 2021 by and between Service First Contractors Network dba Service 1st ("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"). City and Contractor are also referred to as "the Parties." RECITALS A. On September 13, 2021, the City issued Request for Proposal ("RFP") No. 21-102, by which it sought a qualified contractor to provide fountain maintenance and repair services. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-102. 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 contracting 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 fountain repair and maintenance services described and set forth in the scope of work that was included in RFP No. 21-102, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 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 C. The annual amount, including any extension period exercised under Section 3, shall not exceed one - hundred six thousand one -hundred seventy dollars and zero cents ($106,170.00), which includes (1) a base sum of $88,475 and (2) a twenty percent (20%) contingency in the amount of $17,695 for additional services at the City's sole discretion. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed four -hundred twenty-four thousand six -hundred eighty dollars and zero cents ($424,680.00). Page 1 of 10