Item 25 - Agreement with Seaside Ice, LLC

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Page 1 AGREEMENT WITH ICE-AMERICA TO PROVIDE AN OUTDOOR HOLIDAY ICE SKATING RINK THIS AGREEMENT is made and entered into on this 7th day of September, 2021, by and between Seaside Ice, LLC, a California limited liability company doing business as Ice-America (“Consultant”), 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”). Consultant and City are also referred to collectively as “the Parties” or individually as a “Party.” RECITALS A.The City desires to retain a Consultant having special skill and knowledge regarding the installation, providing of equipment, and maintenance of a portable outdoor ice-skating rink in the City and to provide support services for operation of this ice skating rink. B.Consultant represents that it is able and willing to provide such services to the City. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall construct, provide all equipment for, and operate a portable outdoor ice rink of 85 feet x 55 feet (4100 square feet) in a location specified by the City and as set forth in detail in Consultant’s proposal of August 12, 2021. Consultant’s proposal is attached hereto as Exhibit A, and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed $875,204. The sum of this expenditure includes 1) a base amount of up to $795,640; and 2) a 10% contingency in the amount of $79,564 for additional services provided at the sole discretion of the City. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, 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. EXHIBIT 1