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_ 9- /- 07 y -a -o7 THIS AGREEMENT, made and entered into this 19`h day of March, 2007 by Deckside Pool Service, a California corporation (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"). -POOL AND FOUNTAIN MAINTENANCE AGREEMENT O: PRc<(a) (0_7*0064s) A-2007-063 RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of pool and fountain cleaning and maintenance comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 "high-level" contractor 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 Contractor shall perform pool/fountain maintenance services as set forth in Request for Proposal 06-071 For Providing Fountain Maintenance Services at the City of Santa Ana Downtown Civic Center, attached as Exhibit A and incorporated by this reference, as well as well as the Contractor's Fountain Maintenance Proposal dated November 2, 2006, attached as Exhibit B, and incorporated by reference. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail followed by the provisions of Exhibit A followed by the provisions of Exhibit B. 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 B. The total sum to be expended under this Agreement shall not exceed $83,250, annually, 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.