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10SUMNIGE ON FILE cv WORK MAY PROCEED w UNTIL INSURANCE EXPIRES m C:) _ CLERK OF COUNCIL cr WE'. A-2023-024 AGREEMENT WITH DIVERSIFIED WATERSCAPES, INC. TO PROVIDE LAKE, STREAM, AND POND MAINTENANCE SERVICES G(y f Js)Lk\)) THIS AGREEMENT is made and entered into on this 21st day offebrrary, 2023 by and between Diversified Waterscapes, Inc. ("Consultant"), 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'. RECITALS A. As set forth in Request for Proposal ("RFP") No. 22-093, the City desires to retain a Consultant ]raving special skill and knowledge in the field of. lake, steam, and pond maintenance; biological augmentation; fisheries management; pump installation and repair; fountains and aeration systems; water quality survey and monitoring; sedimentation analysts; shoreline repair; and aquatic treatment products that are formulated to be environmentally safe, biodegradable, and not -toxic to aquatic environments and safe to handle to improve water clarity and quality. B, Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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: SCOPE OF SERVICES Consultant shall perform all services described in the "Scope of Work" section that was included in "Attachment V of RFP No. 22-093, which is attached hereto and f lly incorporated herein by this reference as Exhibit A. Consultant and City shall further perform all services described in Consultant's proposal which is attached hereto and fully incorporated herein by this reference as Exhibit S. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the amount of $127,572.00 per year, or $10,631.00 per month, as further described and identified in Consultant's "Pricing Proposal" which is attached hereto and fully incorporated herein by this reference as Exhibit C. An annual contingency in an amount not to exceed $50,000.00 per year will be available, at the City's sole discretion, for on -call and/or emergency services, as well as for extra work and/or repairs to be performed by Consultant. The total amount to be expended during the term of this Agreement shall not exceed $887,860.00. Page 1 of 10 #253285v2