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INSURANCE ON FILE <br />WORK MAY PROCEED A-2020-003 <br />UNTIL INSURANCE EXPIRES <br />III lt1Zo2u <br />CLERK OF COUNCIL <br />DATE: AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES <br />p rtl I silo H (-Ue v qs 4J FOR THE SANTA ANA CIVIC CENTER (DISTRICT A) <br />THIS AGREEMENT is made and entered into this 21st day of January, 2020 by and between <br />N Landscape West Management Services Inc., a California Corporation ("Contractor"), and the City of <br />N Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />ca laws of the State of California ("City"). <br />N <br />RECITALS <br />A. On October 7, 2019 City issued a Request for Proposal ("RFP") for landscape maintenance <br />services for City parks, the Civic Center, and the Santa Ana Zoo. City also issued Addendum No.l <br />on October 25, 2019 (both the RFP and Addendum No. 1 are incorporated herein by reference as <br />though fully set forth below). Contractor submitted a proposal dated November 4, 20t9 for <br />landscape maintenance services for all areas referenced in the RFP (incorporated herein as though <br />fully set forth below). Contractor was selected as the most qualified proposal for landscape <br />maintenance services for the Santa Ana Civic Center (also called District A). <br />B. 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 <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform landscape maintenance services for the Santa Ana Civic Center, also <br />called District A, as set forth in Exhibit A to this Agreement. <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 sum annual amount to be expended <br />under this Agreement shall not exceed $609,151.40 during the term of this Agreement. <br />This annual amount is comprised of (1) the base agreement amount of $553,774.00 and (2) <br />a 10% contingency of up to $55,377.40 for services as may be performed by Contractor at <br />the sole discretion of City. The total Agreement not to exceed amount shall be <br />$2,436,605.60. <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 />#22742v2 <br />