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INSURANCE ON FILL WORK MAY PROCFr- UNTIL INSURV e i l I o Lo AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES CLERK OF COt UNCIL DATE: FOR CITY OF SANTA ANA PARKS ?"o$i1Vly Lvev AJ d1 A-2020-001 THIS AGREEMENT is made and entered into this 21st day of January, 2020 by and between ;y DMS Facility 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"). No RECITALS N O A. On October 7, 2019 City issued a Request for Proposal ("RFP") for landscape maintenance ='— services for City parks (Districts 1-4), the Civic Center, and the Santa Ana Zoo. City also issued N Addendum No.1 on October 25, 2019 (both the RFP and Addendum No. 1 are incorporated herein `D by reference as though fully set forth below). Contractor submitted a proposal dated November 4, N2019 for landscape maintenance services for City parks (incorporated herein as though fully set O forth below). Contractor was selected as the most qualified proposal for landscape maintenance services for City parks (Districts 1-4). B. 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 landscape maintenance services for City parks (Districts 1-4) as set forth in Exhibit A to this Agreement. 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 annual amount to be expended under this Agreement shall not exceed three million five hundred ninety-nine thousand, three hundred and ten dollars ($3,646,500) during the term of this Agreement. This annual amount is comprised of (1) the base agreement amount of $3,315,000 and (2) a 10% contingency of up to $331,500 for services as may be performed by Contractor at the sole discretion of City. The total Agreement not to exceed amount shall be fourteen million, five hundred and eighty-six thousand dollars ($14,586,000). 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. #5944vl