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�INaURANCE ON FILE <br />O� WORK MAY RROCELO <br />O UN21 <br />� L Iti EXPIRES <br />4Q CLERK OF COUNCIL <br />t� DATE: <br />A-2021-180 <br />AGREEMENT WITH ICE-AMERICA TO PROVIDE <br />(�p,J) AN OUTDOOR HOLIDAY ICE SKATING RINK <br />THIS AGREEMENT is made and entered into on this 7th day of September, 2021, by and <br />between Seaside Ice, LLC, a California limited liability company doing business as Ice -America <br />("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). Consultant and City <br />are also referred to collectively as "the Parties" or individually as a "Party." <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge regarding the <br />installation, providing of equipment, and maintenance of a portable outdoor ice-skating <br />rink in the City and to provide support services for operation of this ice skating rink. <br />B. Consultant represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall construct, provide all equipment for, and operate a portable outdoor ice <br />rink of 85 feet x 55 feet (4100 square feet) in a location specified by the City and as set forth in <br />detail in Consultant's proposal of August 12, 2021. Consultant's proposal is attached hereto as <br />Exhibit A, and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount authorized during <br />the term of this Agreement shall not exceed $875,204. The sum of this expenditure <br />includes 1) a base amount of up to $795,640; and 2) a 10% contingency in the amount <br />of $79,564 for additional services provided at the sole discretion of the City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work, which fails to meet the standards of performance set forth <br />in the Recitals, which may reasonably be expected by City. <br />Page 1 <br />