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1. SCOPE OF SERVICES Contractor shall perform the services described in Contractor's proposal dated July 23, 2019 that was submitted by Contractor in response to Request for Proposal No. 19/20-007 for Citywide Tree Maintenance Services by the City of Rancho Cucamonga. Such proposal is attached as Exhibit A and incorporated in full. Contractor expressly consents to the use of this proposal for all purposes related to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement for the eighteen (18) month period ending December 31, 2022 shall not exceed $3,028,650. For each one-year extension entered into by the parties pursuant to Section 3 below, the annual amount to be expended shall not exceed $2,019,100. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2021 and terminate on December 31, 2022, unless terminated earlier in accordance with Section 17, below. Parties to this Agreement shall have the option to renew in one (1) year increments up to a total of six (6) additional years, unless sooner terminated as provided in Section 17. Options to renew are contingent upon the City Manager's approval, and in accordance to all terms and conditions stated herein unless otherwise provided in writing by the City. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Page 2 of 9