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INSURANCE ;- =ii_E WORK MAY.;EED CLERK OF= COUNCIL DATE: 10-(a-lD POOL AND FOUNTAIN MAINTENANCE AGREEMENT A-2010-131 THIS AGREEMENT, made and entered into this 1 -1 day o u , 2010 by Deckside Pool Service, a California corporation (hereinafter "Contractor"), and the ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of pool and fountain cleaning and maintenance comparable with "high-level" 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 "high-level" contractor in the field. N 0 W T H E R E F 0 R E, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform pool/fountain maintenance services as set forth in City of Santa Ana Pool and Fountain Maintenance and Repair Agreement Description/Specifications/Work Statement attached as Exhibit A and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the total sum to be expended under this in an amount not to exceed $58,860, during the term of this Agreement, based upon Contractor's standard rates and charges on file with the Executive Director of Recreation and Parks. This amount includes a 10 percent contingency for unanticipated work and unforeseen emergencies. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A.