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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSt R1FJr,F FXPIRES CV-fty- A-2023-171 CITY CU DATE: O PP cSfl CO) AGREEMENT WITH ICE-AMERICA TO PROVIDE AN OUTDOOR HOLIDAY ICE SKATING RINK FOR WINTER VILLAGE 2023 THIS AGREEMENT is made and entered into on this 3rd day of October, 2023, by and between Seaside Ice, LLC, a California limited liability company doing business as Ice -America ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and e existing under the Constitution and laws of the State of California ("City"). Contractor and City © are also referred to collectively as "the Parties" or individually as a "Party." RECITALS A. The City desires to retain a contractor having special skill and knowledge regarding the installation, providing of equipment, and maintenance of a portable outdoor ice-skating rink in the City and to provide support services for operation of this ice-skating rink. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall construct, provide all equipment for, and operate a portable outdoor ice rink of 82 feet x 50 feet (4100 square feet) on dates and a location as specified by the City and as set forth in detail in Contractor's proposal, attached hereto as Exhibit A, and incorporated by reference. COMPENSATION r a. City agrees to pay, and Contractor agrees to accept as total payment for its services 0or City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed 795,936.00. This sum is comprised of (1) the base amount of $723,536.00 and (2) a contingency in the amount of $72,400.00 for additional and as -needed services, to be exercised at City's sole discretion. b. Payment of a deposit in the amount of $361,768.00 shall be processed and made available, subject to City accounting procedures, for FedEx to Contractor on October 12, 2023. c. Payment of the remaining base amount of $361,768.00 shall be processed and made available, subject to City accounting procedures, to Contractor upon the opening of the Winter Village Event. Page 1 of 10