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JANITORIAL MAINTENANCE <br />SERVICE AGREEMENT <br />THIS AGREEMENT, made and entered into this 3`d day of August, 2009 by and between <br />Pacific Building Care, Inc., a California corporation (hereinafter "Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />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 the Santa Ana Regional Transportation <br />Center (SARTC) and various City Park Centers. <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 />1. SCOPE OF SERVICES <br />Contractor shall provide janitorial maintenance service for the Santa Ana Regional <br />Transportation Center (SARTC) as set forth in Exhibit A, attached hereto and incorporated by <br />this reference. Additionally, Contractor shall provide janitorial maintenance services for the <br />Santa Ana Main Library, Newhope Learning Center, Mc Fadden Learning Center and 13 Park <br />Centers (Park Centers), as set forth in Exhibit B, attached hereto and incorporated by this <br />reference. <br />COMPENSATION <br />a.l . City agrees to pay, and Contractor agrees to accept as total payment for its services <br />related to the Santa Ana Regional Transportation Center, the rates and charges identified in <br />Exhibit A, Attachment H. The total sum to be expended for janitorial services at SARTC shall <br />not exceed $160,000.00 annually during the Initial Term of this Agreement. <br />a.2. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />related to Park Centers, the rates and charges identified in Exhibit B. The total sum to be <br />expended for janitorial services as the Park Centers shall not exceed $181,000 annually during the <br />Initial 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 />25C-5 <br />