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MUMNCE ON 1-11JE <br />WORK N1AW 4`[_0Ck t1 <br />UNTIL IN' NAN,(;F =XFIfili3 A-2017-007 <br />CCERK OF COUNUL <br />D fE: ,�,JjlpAl AGREEMENT FOR BALL IDIAMOND MAINTENANCE SERVICES <br />CITY OF SANTA ANA (DISTRICT 3) <br />THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Major League <br />Infields, Inc. ("Contractor"), and the City of Santa Ana, a charter city grid municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On October 17, 2016, the City issued Request for Proposal No. 16-127, by which it sought <br />proposals from qualified firms for in -field ball diamond maintenance services at City parks in <br />Districts 2 and 3. <br />B. Contractor submitted a responsive proposal that was selected by the City for District 3. Contractor <br />represents that it is able and willing to provide the services described in the scope of work for <br />District 3 that was included in RFP No. 16-127 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 3. 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 B as they pertain to District 3. The total annual sum <br />to be expended under this Agreement shall not exceed $68,303 during the term of this <br />Agreement. This annual amount is comprised of (1) the sum of $62,094 and (2) a 10% <br />contingency of up to $6,209 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, 2017 and terminate on January 31, 2019, 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 />