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IN9uRANCE%FILA <br />UNOiRIL IMAY <br />SURANE EXPIRES A-2009-095 <br />cLERKOFOOUNCIL 21' <br />"POOL AUG 1 0 "POOL AND FOUNTAIN MAINTENANCE AGREEMENT <br />THIS AGREEMENT, made and entered into this 17`h day of June, 2009 by Deckside <br />Pool Service, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />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 />pool and fountain cleaning and maintenance comparable with "high-level" industry <br />practice. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />Citv. <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 "high-level" contractor 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 perform pool/fountain maintenance services as set forth in Request for <br />Proposal 06-071 For Providing Fountain Maintenance Services at the City of Santa Ana <br />Downtown Civic Center, attached as Exhibit A and incorporated by this reference. <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 B. The total sum to be expended under this <br />Agreement shall not exceed $92,895, annually, during the term of this Agreement. This amount <br />includes a 10 percent contingency for unanticipated work and unforeseen emergencies. <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 <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City or as otherwise provided in Exhibit A. <br />