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<br />INSUR~NCE ON FILE <br />WO"~ M~Y PROCEED <br />\If. i IL INSURANCE EXPIRES <br />/.I-1.-O'f <br />CLERK OF COUNCIL <br />DATE: 7-/1-07 <br /> <br />A-./:uu/-P'" <br /> <br />LANDSCAPE AND MAINTENANCE AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 180\ day of June, 2007 by Master Landscape <br />& Maintenance, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of high- <br />level park landscape maintenance comparable with standard industry practice. <br /> <br />B. Contractor represents that Contractor is able and willing to provide such services to the City. <br /> <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Contractor shall perform landscape maintenance services for Santa Ana Parks, District 4, as set <br />forth in City's Request for Proposal 07-031, dated April 19, 2007, on file with the City Clerk and to <br />this Agreement incorporated by reference, and Contractor's Proposal dated May 21, 2007, attached as <br />Exhibit A to this Agreement. Said maintenance includes the baseball/softball diamond maintenance, <br />which Contractor has subcontracted to Major League Softball. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not <br />exceed $614,904, annually, during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed during the prior month, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards ofpertormance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, 2009 <br />unless terminated earlier in accordance with Section 12, below. The term may be extended for three <br />additional one-year terms at the sole discretion of the City. <br />