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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES (-Tvzl x CITY CLFPV DATE: FEB 2 3 ZU4 Ua �Rid i-e A-2024-007-01 AGREEMENT WITH DMS FACILITY SERVICES TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between DMS Facility Services, a California corporation, ("Contractor"), 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. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors A. Contractor submitted a responsive proposal that was amongst one of the four (4) vendors selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 1 and 4. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584, which includes a base annual amount of $5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10