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EXHIBIT 1 <br />AGREEMENT WITH DIVERSIFIED WATERSCAPES, INC. <br />TO PROVIDE LADE, STREAM, AND POND MAINTENANCE SERVICES <br />THIS AGREEMENT is made and entered into on. this 21 st day of February, 2023 by and between <br />Diversified Waterscapes, Inc. ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. As set forth in Request for Proposal ("UP") No. 22-093, the City desires to retain. a <br />Consultant having special skill and knowledge in the field of: lake, steam, and pond <br />maintenance; biological augmentation; fisheries management; pump installation and <br />repair; fountains and aeration systems; water quality survey and monitoring; sedimentation <br />analysts; shoreline repair; and aquatic treatment products that are formulated to be <br />environmentally safe, biodegradable, and not -toxic to aquatic environments and safe to <br />handle to improve water clarity and quality. <br />B. Consultant represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firrn in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform all services described in the "Scope of Work" section that was <br />included in "Attachment 1" of RFP No. 22-093, which is attached hereto and fully incorporated <br />herein by this reference as Exhibit A. Consultant and City shall further perform all services <br />described in Consultant's proposal which is attached hereto and fully incorporated herein by this <br />reference as Exhibit B. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the amount of $127,572.00 per year, or $10,631.00 per month, as further <br />described and identified in Consultant's "Pricing Proposal" which is attached hereto <br />and fully incorporated herein by this reference as Exhibit C. An annual contingency <br />in an amount not to exceed $50,000.00 per year will be available, at the City's sole <br />discretion, for on -call and/or emergency services, as well as for extra work and/or <br />repairs to be performed by Consultant. The total amount to be expended during the <br />term of this Agreement shall not exceed $887,860.00. <br />Page 1 of 10 <br />#253285v2 <br />