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ATTACHMENT 2 <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into this <br /> day of 2023, between the CITY OF PLEASANTON, a municipal <br /> corporation ("City"), and Miracle Playsystems whose address is P.O. Box 263, Alamo, CA <br /> 94507, and telephone number is (800) 879-7730, ("Consultant"). <br /> RECITALS <br /> A. Consultant is qualified to and experienced in providing play apparatus design, supply, <br /> and installation services for the purposes specified in this Agreement. <br /> B. City finds it necessary and advisable to use the services of the Consultant for the <br /> purposes provided in this Agreement. <br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in this <br /> Agreement, City and Consultant agree as follows: <br /> 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement, <br /> Consultant shall provide to City the services described in Exhibit A. Consultant shall provide <br /> said services at that time, place and in the manner specified in Exhibit A. <br /> 2. City Assistance,Facilities,Equipment and Clerical Support. Except as set forth in Exhibit <br /> A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be <br /> required for furnishing services pursuant to this Agreement. City shall furnish to Consultant <br /> only the facilities and equipment listed in Exhibit A according to the terms and conditions set <br /> forth in Exhibit A. <br /> 3. Term. This contract shall commence on the date written above and shall expire on December <br /> 31, 2023. <br /> 4. Compensation. <br /> A. Compensation to Consultant. City shall pay Consultant for services rendered pursuant <br /> to this Agreement as described more particularly in Exhibit A. The payments shall be made on a <br /> monthly basis upon receipt and approval of Consultant's invoice. Total compensation for <br /> services and reimbursement for costs shall not exceed $324,608.24. <br /> a. Invoices submitted to City must contain a brief description of work performed,time used <br /> and City reference number. Payment shall be made within thirty (30) days of receipt of <br /> Consultant's invoice and approved by City. <br /> b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days <br /> in which to submit final invoicing for payment. An extension may be granted by City upon <br /> receiving a written request thirty (30) days in advance of said time limitation. The City shall <br /> Page 1 of 6 <br />