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1. SCOPE OF SERVICES <br />Contractor shall perform the services described in Contractor's proposal dated July 23, <br />2019 that was submitted by Contractor in response to Request for Proposal No. 19/20-007 for <br />Citywide Tree Maintenance Services by the City of Rancho Cucamonga. Such proposal is attached <br />as Exhibit A and incorporated in full. Contractor expressly consents to the use of this proposal for <br />all purposes related to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />for City, the rates and charges identified in Exhibit B. The total amount to be <br />expended under this Agreement for the eighteen (18) month period ending <br />December 31, 2022 shall not exceed $3,028,650. For each one-year extension <br />entered into by the parties pursuant to Section 3 below, the annual amount to be <br />expended shall not exceed $2,019,100. <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 />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on July 1, 2021 and terminate on December 31, 2022, <br />unless terminated earlier in accordance with Section 17, below. Parties to this Agreement shall <br />have the option to renew in one (1) year increments up to a total of six (6) additional years, unless <br />sooner terminated as provided in Section 17. Options to renew are contingent upon the City <br />Manager's approval, and in accordance to all terms and conditions stated herein unless otherwise <br />provided in writing by the City. <br />4. PREVAILING WAGES <br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., <br />and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the <br />performance of other requirements on "public works" and "maintenance" projects. Ifthe services <br />being performed are part of an applicable "public works" or "maintenance" project, as defined by <br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to <br />fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the <br />City, its elected officials, officers, employees and agents free and harmless from any claim or <br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. <br />45 25 <br />