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�" <br />SAMPLE AGREEMENT <br />CITY OF SANTA ANA CUSTODIAL AGREEMENT <br />THIS AGREEMENT, made and entered into this day of , 2008 by <br />(hereinafter "Contractor"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of 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 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 terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in the Custodial Services Agreement <br />Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as <br />the Contractor's Proposal of Services (Exhibit « ,> hereto) attached to this Agreement. In the event of a <br />conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this <br />Agreement shall prevail. <br />2. CITY INSPECTION <br />The Director's designated representative shall regularly inspect the parks restrooms and all <br />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 <br />Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly <br />payment, the cost of performing the work to bring the property into conformance with the <br />Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per <br />inspection, per park restroom not meeting the Specifications during any such inspection. <br />17 <br />