MIDORI GARDENS 2 - 2006 - Laserfiche WebLink

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INSURAN';E` fdOl ±}v ril.t WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: `f-~~-~~° t~: F'rf~-~a~ 'I C~ cal AGREEMENT FOR LANDSCAPE MAINTENANCE OF STREET MEDIANS AND VARIOUS PUBLIC FACILITIES A-2006-195 THIS AGREEMENT, made and entered into this 7th day of August, 2006 by Midori Gardens Inc. (hereinafter "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 (hereinafter "City"). RECITALS The City desires to retain a contractor having special skill and knowledge in the field of landscape maintenance of street medians and various City owned landscaped areas. A. Contractor represents that Contractor is able and willing to provide such services to the City. B. 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 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: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibits A, LANDSCAPE MAINTENANCE SPECIFICATIONS; B, TREE MAINTENANCE SPECIFICATIONS and C, ROUTINE MAINTENANCE LOCATIONS, all of which are attached to this Agreement and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit D. The total sum to be expended under this Agreement shall not exceed $550,000 per year during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above. The contractor shall perform all work under this contract for a period of thirty-six (36) months from this date unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for two additional one-year terms, at the option of the City.