DMS FACILITY SERVICES, LLC 2 - 2011

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3-O l - LC?1 L co INSUhAWV r3K VILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES & 3---0 t - 2D( Z CLERK OF COUNCIL DATE: 7 _? 1- I LANDSCAPE MAINTENANCE AGREEMENT A-2011-148 THIS AGREEMENT, made and entered into this 6 h day of June, 2011 by DMS Facility Services, LLC, a California limited liability company (hereinafter "Contractor"), and the City 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 provision of park landscape maintenance services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 1 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: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively hereto as Exhibits A, A-1 and A-2, and Contractor's Proposal dated April 12 2011, attached hereto as Exhibit B. 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 other 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 day, 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 Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $350,820.00, plus a ten percent (10%) contingency for unanticipated work required, for a total not to exceed amount of $385,902.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, 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. 4. TERM This Agreement shall commence on July 1, 2011 and terminate on June 30, 2012 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve