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POOL AND FOUNTAIN MAINTENANCE AGREEMENT <br /> THIS AGREEMENT, made and entered into this day of , 2010 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 /> <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 /> 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 standazds 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 City of Santa <br /> Ana Pool and Fountain Maintenance and Repair Agreement Description/Specifications/Work <br /> Statement 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 total sum to be expended under this in an amount not to exceed $58,860, during the term of <br /> this Agreement, based upon Contractor's standazd rates and chazges on file with the Executive <br /> Director of Recreation and Pazks. This amount includes a 10 percent contingency for <br /> 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 /> 1 <br /> 25C-3 <br /> <br />