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A-2023-018 <br />2- 1 S - 2023 <br />F E B I 5 2023 CONSULTANT AGREEMENT BETWEEN FIELDTURF USA, INC. AND <br />THE CITY OF SANTA ANA FOR ARTIFICIAL TURF SPORTS FIELD <br />PG%A (2) MAINTENANCE <br />1, A)(A� THIS AGREEMENT is made and entered into this 7 b day of February 2023 by and between <br />FieldTurf USA, Inc. ("Consultant'), 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 <br />("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge to provide <br />scheduled artificial turf sports field maintenance. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Scope of Services - Exhibit A, <br />attached hereto 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 Compensation - Exhibit B. The total amount <br />to be expended under this Agreement shall not exceed $520,800, which includes <br />$86,800 in contingency, during the term of this Agreement, including any extension <br />periods exercised under Section 3. This sum shall be comprised of $104,160 annually. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />1 <br />