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INSURANCE ON FILE <br />WORM MAY PROCEED <br />UNTIL INSUR NG EXPIRE <br />CLERK <br />IL <br />A-2017-350 <br />DATE; SERVICE AGREEMENT FOR FOUNTAIN MAINTENANCE <br />BETWEEN SERVICE FIRST CONTRACTORS NETWORK <br />AND THE CITY OF SANTA ANA <br />1t <br />� <br />DN "�7(L(,y,/\.�HIS AGREEMENT is made and entered into this 19th day of Decetnber, 2017 by and between <br />Service Tirst Contractof8,Nctw6rk dba Service°lst, ("Contractor"), and the City of Santa Ana, a <br />ij tl vkt Cgcu+a charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. On October 17, 2017, the City issued Request for Proposal ("RFP") No. 17-117 by which <br />it sought contractors to provide fountain maintenance and repair services. <br />B. Contractor submitted a responsive proposal and statement of qualifications on October 26, <br />2017, that was selected by City. Contractor represents that it is able and willing to provide <br />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 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 fountain repair and maintenance services described and set forth in <br />Exhibit A, 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 Exhibit B. The annual amount, including any <br />extension period exercised under Section 3, shall not exceed $96;340, which includes <br />a 20% contingency amount for services to be performed at the sole discretion of the <br />City. The total amount to be expended under this Agreement if all options are exercised <br />shall not exceed $385,360, <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 />Page I of 10 <br />