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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />-1-Oq <br />CLERK OF COUNCIL <br />DATE: g, <br />N-2008-100 <br />o Pµv ks $ Pec (2) 1 ulhsy�Vav�iAGREEMENT <br />Cavlcc 11--,)—eK1 <br />0 <br />s <br />THIS AGREE T, made and entered into this 30 day of June, 2008 by and between <br />SpectraTurf, a ' Corporation (hereinafter "Contractor"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge in the <br />field of providing child safe playground surfaces. <br />B. Contractor represents that Contractor is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it <br />is knowledgeable in its field and that any services performed by Contractor <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be 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 />Contractor shall install the rubberized playground surface at Logan Park and repair <br />the existing surfacing at Adams Park, Delhi Park, Angels Park, Friendship Park and <br />Santiago Park, as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended under <br />this Agreement shall not exceed $20,000 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2008, unless terminated earlier in accordance with Section 12, below. The <br />term of this Agreement may be extended upon a writing executed by the Executive Director <br />of Parks, Recreation, and Community Services and the City Attorney. <br />ter..:. <br />