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A-2019-146 <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEERGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES <br />CLERK OF COUNCIL CITY OF SANTA ANA (DISTRICT A) <br />DATE: SEP 0 4 2019 <br />sty p 1 THIS AGREEMENT is made and entered into this 20th day of August, 2019 by and between Priority <br />Si\vih CNtcµ�Landscape Services, LLC, a California Limited Liability Company ("Contractor"), and the City of Santa <br />Ana, 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 April 8, 2019 City issued a Request for Proposal ("RFP") for landscape maintenance services <br />in District (Santa Ana Stadium and Civic Center). Ultimately, all of the proposals were rejected <br />by the City. <br />B. Contractor had the previous landscape maintenance agreement with the City for District A which <br />expired June 30, 2019. Contractor has agreed to continue providing services pursuant to the same <br />scope of services and fees that governed the 2016 Agreement between the parties for a maximum <br />of one year to allow City to issue another RFP. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional firm in the <br />field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's <br />proposal is incorporated herein by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services the <br />rates and charges identified in Exhibit B. The total slum to be expended under this <br />Agreement shall not exceed $329,739 during the term of this Agreement. This annual <br />amount is comprised of (1) the base agreement amount of $286,729 and (2) a 15% <br />contingency of up to $43,009.35 for services as may be performed by Contractor at the sole <br />discretion of City. <br />b. Payment by City shall be made within forty-five of days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance set <br />forth in the 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 June 30, 2020, <br />unless terminated earlier in accordance with Section 15, below. The parties acknowledge and agree that <br />#5944v1 <br />