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INSU'i'*;E ON FILE_ <br />WORK MAY KAOCEED A-2016-004 <br />UNI IL INSURANCE FWRF'S <br />CLLF1Kf??�(r;('�t'��-t <br />UNCII,. AGREEMENT <br />FOR HALL DIAMOND MAINTENANCE SERVICES <br />D (E "L r5C11& 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 fox in -field ball diamond maintenance services at City parks in <br />Districts I and 4. <br />a 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 THERE I+ORE, 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 />1 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 H as they pertain to District 4. Th,e total annual sum <br />to be expanded wader this Agreement shall not exceed $114,604 during the term of this <br />Agreement, This annual amount is comprised of (1) the sum of $104,185 and (2) a 10% <br />contingency of up 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 perfonned, subject to City accounting procedures. <br />Payment need not be made for wort, 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 tenn of this Agreement may be extended <br />for two (2) ons -year periods upon a writing executed by the City Manager and the City Attorney, <br />