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LANDSCAPE AND MAINTENANCE AGREEMENT <br />THIS AGREEMENT, made and entered into this 18`x' day of May, 2009 by DMS Facility <br />Services, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city <br />and 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 high- <br />level park landscape maintenance comparable with standard 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 ofthis 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 />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 landscape maintenance services for Santa Ana Parks, District 1, as set <br />forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this <br />Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's <br />Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the <br />basebalVsoftball diamond maintenance, which Contractor has subcontracted to Professional Sport <br />Field Maintenance to maintain baseball fields during the season. DMS will maintain baseball fields <br />during the off-season. <br />2. CITY INSPECTION <br />The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, <br />or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to <br />this Agreement. If said inspection results in discovery of work that is not performed in the agreed <br />manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City <br />shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of <br />performing the work to bring the property into conformance with the Specifications. Additionally, <br />City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the <br />Specifications during any such inspection. <br />3. COMPENSATION <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 B. The total sum to be expended under this Agreement shall not <br />25C-5 <br />