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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: APR 2 7 2023 <br />A-2023-063-01 <br />AGREEMENT WITH HILLSBOROUGH FENCE COMPANY TO PROVIDE ON -CALL <br />INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES <br />p <P lnl A (A t, 6� (,%,M) -e-- FOR THE CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this 18th day of April, 2023 by and between <br />Hillsborough Fence Company, a California corporation ("Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. On February 15, 2023, the City issued a Request for Proposal ("RFP") No. 23-012, by which it <br />desired to retain a contractor having special skill and knowledge in the field of installation, <br />maintenance and repair services for fencing and gates on an "on -call" basis for the City's Public <br />Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor <br />represents that it is able and willing to provide such services described in the scope of work that <br />was included in RFP No. 23-012. <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 consulting <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 />On an on -call basis, and at the City's sole discretion, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 23-012, which is attached as Exhibit A and <br />incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) <br />contractors selected to provide installation, maintenance and repair services for fencing and <br />gates on an on -call basis under RFP 23-012. The total compensation for these services <br />provided by all such contractors selected under RFP 23-012 shall not exceed the shared <br />aggregate amount of Three Million Dollars and Zero Cents ($3,000,000) during the term of the <br />Agreement, including any extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />Page 1 of 9 <br />