PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. (3)

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INSURANCE ON FILE A-2024-003 WORK MAY PROCEED UNTIL INSURANCE EXPIRES G-f12A )4 CITY CLERIC O 2024 DATE: t 0. PW pr(z) AGREEMENT WITH PROFESSIONAL SPORTS FIELD, INC. C3, Ac<Jrdo) v"f TO PROVIDE INFIELD MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16w day of January, 2024 by and between Professional Sports Field, Inc., a California corporation, ("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"). RECITALS A. On November 2, 2023, City issued Request for Proposal No. 23-152 ("RFP") seeking proposals from qualified firms and organizations to provide infield maintenance services to four designated districts within the City. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services, for the four designated districts, described in the scope of work that was included in the RFP. 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 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 services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and attached here as Exhibit B. The total sum to be expended under this Agreement shall not exceed $2,759,035 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual not to exceed amount for this Agreement is $551,807, which includes a base annual amount of $459,839 plus a contingency of $91,968 for services to be exercised at the City's sole discretion. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made