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IN VANCI ONkILr A-2023-048 WORK MAY PROCEED a UN711.INSURANCE EXPIRES ;., H , V . 2DZ3 ca CLERK of COUNr,IL DATE r� AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FOCUS MEDIA GROUP, INC. FOR THE MAINTENANCE OF BUS SHELTERS AND OTHER STREET FURNITURE C�(�S k AThis Agreement is made and entered into this 1st day of April 2023 by and between Focus Media Group, Inc., an Oklahoma corporation, ("Company"), 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"). City and Company may at times be referred to individually as a "Party," and collectively as "Parties". RECITALS A. The City desires to retain a company having special skill and knowledge to provide additional janitorial services to bus shelters, bus benches and kiosks. B.' The City is authorized to enter into agreements for the operation, janitorial service and maintenance of bus shelters, bus benches, and kiosks and otherwise regulate the use and encroachments into the public -right-of-way within the City's boundaries by virtue of its Charter, by its police powers, by its authority over its public rights of way and by other City powers and authority. C. Company represents that Company is able and willing to provide such services to the City and that it has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in this Agreement. D. On January 18, 2022, the Parties entered into Agreement No. A-2022-010 for the installation, maintenance, repair and advertising of bus shelters, bus benches and kiosks. E. The City has determined that additional janitorial services to bus shelters, bus benches and kiosks over and above the existing weekly services are required to maintain the City's bus shelters and adjacent public right-of-way clean and safe. F. The services contemplated under this Agreement are for new and different janitorial services that were not originally contemplated in Agreement No. A-2022-010 and are necessary in the short term. G. The Parties wish to enter into an arrangement for these new janitorial services to ensure that all City bus stops are clean, do not pose a health and safety risk and preserve rider comfort, and convenience 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: