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JANITORIAL MAINTENANCE <br />SERVICE AGREEMENT <br />THIS AGREEMENT, made and entered into this 3rd day of August, 2009 by and between <br />Bell Building Maintenance Company, Inc., a California corporation (hereinafter "Contractor"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the 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 />janitorial services to provide such services at City Hall and the Corporate Yard. <br />B. Contractor represents that Contractor is able and willing to provide such services to <br />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 consulting firm 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 />SCOPE OF SERVICES <br />Contractor shall perform janitorial maintenance services at City Hall, the Ross Annex and <br />the Corporate Yard, as set forth in Exhibit A to this Agreement. Such work shall be performed in <br />conformance with Contractor's Proposal, dated May 8, 2009, incorporated by reference and on <br />file in the Finance Department -Building Maintenance Division. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $248,000.00, annually, during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />TERM <br />The term of this Agreement shall be for an initial twenty two (22) month period ("Initial <br />Term"), commencing on September 1, 2009, and terminating on June 30, 2011, unless terminated <br />earlier in accordance with Section 12, below. This Agreement may be extended for three (3) <br />additional one-year periods, upon the mutual agreement of the parties. <br />25C-41 <br />