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CITY OF SANTA ANA CUSTODIAL AGREEMENT <br />THIS AGREEMENT, made and entered into this 23 day of May, 2008 by Bell Building <br />Maintenance Company (hereinafter "Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />custodial services comparable with "high-level" industry practice. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <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 "high-level" contractor in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in the RFP (Exhibit "A" hereto) and <br />all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) <br />attached to this Agreement. Contractor will provide janitorial services in Districts 3 and 4. In <br />the event of a conflict between the terms of this Agreement and any Exhibits or Attachments <br />hereto, the terms of this Agreement shall prevail. <br />2. CITY INSPECTION <br />The Director's designated representative shall regularly inspect the parks restrooms and <br />all other City property subject to this Agreement. If said inspection results in discovery of work <br />that is not performed in the manner, and to the professional degree set forth in the Specifications, <br />Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of <br />performing the work to bring the property into conformance with the Specifications. <br />Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park <br />restroom not meeting the Specifications during any such inspection. <br />25Q-5 <br />