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Exhibit 1 <br />AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR <br />WATER FACILITIES AND SANTA ANA REGIONAL TRANSPORTATION CENTER <br />THIS AGREEMENT is made and entered into this 20th day of August, 2019 by and between <br />Swayzer Corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On May 16, 2019, the City issued Request for Proposal No. 19-048, by which it <br />sought a contractor to provide landscape maintenance services for water facilities <br />and the Santa Ana Regional Transportation Center. <br />B. Contractor submitted a responsive proposal that was selected by the City. <br />Contractor represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 19-048 and addendum thereto. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting 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 />Contractor shall perform the services that were described in the scope of work that was <br />included in RFP No. 19-048 and that is attached as Exhibit A. Contractor's proposal, including its <br />acknowledgement, by letter dated July 10, 2019, to provide emergency services is attached as <br />Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit C. The total <br />annual. -sum to be expended under the tern of this Agreement, including any <br />extension periods, shall not exceed $125-1000. This sum is comprised of (1) the <br />base amount of $85,200 and (2) a contingency in the amount of $39,800 for <br />additional services at the City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) 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 <br />Page 1 of 8 <br />25H-5 <br />