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INSURANCE ON FILE WORK m# PROCEED UNTIL INSURANCE EXPIRES A -2009 -053 zar 1 CLERKOFCOUNCIL �naIE: AUG 1 `� 2009 LANDSCAPE AND bIAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18`h day of May, 2009 by Merchants o t Landscape Services, Inc. a California corporation ( hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws r C of the State of California (hereinafter "City"). V' RECITALS A The City desires to retain a Contractor having special skill and k.,owledge in the field of high - level park landscape maintenance comparable with standard 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 consulting firm 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: I. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, excluding the Santa Ana Stadium and Civic Center but including E1 Salvador Park, as set forth in City's Request for Proposal 09 -006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball /softball diamond maintenance, which Contractor has subcontracted to Major League Softball, 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and otner City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed 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 City's actual or estimated costs 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 not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not