MERCHANTS BUILDING MAINTENANCE 1 - 2008

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INSURANCE ON FILE IL _ + WORK MAY PROCEED UNTIL INSURANCE EXPIRES 6 /-U, ? COUNCIL A-2008-092 CLERK OF DATE: 5 - w -0 Z CITY OF SANTA ANA CUSTODIAL AGREEMENT 0. PACs ')no)) R IS AGREEMENT, made and entered into this 23 day of May, 2008 by Merchants Building Maintenance (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing tinder 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 custodial services 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: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the RFP (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) attached to this Agreement. Contractor will provide janitorial services in Districts 1 and 2. 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. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection.