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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES q-/-09 CLERKOFOOUNCIL DATE: 7- 9-07 o:PRr-S OD LANDSCAPE AND MAINTENANCE AGREEMENT A-2007-139 CO,& Tht'"P"+J THIS AGREEMENT d d t d ' t th' 18'11 d f June 2007 b Merchants , ma e an en ere m o �s ay oI y Landscape, Inc., 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"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high-level park landscape maintenance comparable with standard 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 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 landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 07-031, dated April 19, 2007, on file with the City Clerk and to this Agreement incorporated by reference, and Contractor's Proposal dated May 21, 2007, attached as Exhibit A to this Agreement. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. 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 A. The total sum to be expended under this Agreement shall not exceed $314,549.00, 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 during the prior month, 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