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AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES <br />CITY OF SANTA ANA (DISTRICT 4) <br />THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Professional <br />Sports Field Maintenance, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. On November 5, 2015, the City issued Request for Proposal No. 15 -113, by which it sought <br />proposals from qualified firms for in -field ball diamond maintenance services at City parks in <br />Districts 1 and 4. <br />B. Contractor submitted a responsive proposal that was selected by the City for District 4, Contractor <br />represents that it is able and willing to provide the services described in the scope of work for <br />District 4 that was included in RFP No. 15.113 as Attachment 1 and that is attached to this <br />Agreement as Exhibit A. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional contracting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain <br />to District 4. Contractor's proposal is incorporated herein by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services the <br />rates and charges identified in Exhibit Bas they pertain to District 4. The total annual srmi <br />to be expended under this Agreement shall not exceed $114,604 during the term of this <br />Agreement. This annual amount is comprised of (1) the sun of $104,185 and (2) a 10% <br />contingency of tip to $10,419 for services as may be performed by Contractor at the sole <br />discretion of City. <br />b. Payment by City shall be made within forty -five of days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on February 1, 2016 and terminate on January 31, 2018, unless <br />terminated earlier in accordance. with Section 15, below. The term of this Agreement may be extended <br />for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. <br />25C -31 <br />