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AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT A) THIS AGREEMENT is made and entered into this 20th day of August, 2019 by and between Priority Landscape Services, LLC, a California Limited Liability Company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A.. ' On April 8, 2019 City issued a Request for Proposal ("RFP") for landscape maintenance services in District A (Santa Ana Stadium and Civic Center). Ultimately, all of the proposals were rejected by the City. B. Contractor had the previous landscape maintenance agreement with the City for District A which expired June 30, 2019. Contractor has agreed to continue providing services pursuant to the same scope of services and fees that governed the 2016 Agreement between the parties for a maximum of one year to allow City to issue another RFP. 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 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: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $329,739-during the term of this Agreement. This annual amount is comprised of (1) the base agreement amount of $286,729 and (2) a 15% contingency of up to $43,009.35 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2020, unless terminated earlier in accordance with Section 15, below. The parties acknowledge and agree that #5944v1 251,[_3