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<br /> <br /> <br /> <br /> <br /> <br /> LANDSCAPE MAINTENANCE AGREEMENT <br /> THIS AGREEMENT, made and entered into this 41h day of June, 2012 by Vista del <br /> Verde Landscape, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa <br /> Ana, a charter city and municipal corporation organized and existing under the Constitution and <br /> laws of the State of California (hereinafter "City"). <br /> <br /> RECITALS <br /> <br /> A. The City desires to retain a Contractor having special skill and knowledge in the <br /> provision of park landscape maintenance services comparable with "high-level" <br /> industry practice. <br /> B. Contractor represents that Contractor is able and willing to provide such services to the <br /> city. <br /> <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 consulting firm 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 /> <br /> 1. SCOPE OF SERVICES <br /> <br /> Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, <br /> as set forth in City's Request for Proposal 12-006 (RFP), dated April 17, 2012, and the maps <br /> included therein. Said RFP is on file at the Parks, Recreation and Community Services <br /> administrative offices, and incorporated to this Agreement by reference. Contractor shall <br /> specifically comply with the Specification for Routine Maintenance, attached hereto as Exhibit A <br /> and incorporated by reference. <br /> 2. CITY INSPECTION <br /> <br /> The Executive Director of the Santa Ana Parks, Recreation and Community Services <br /> Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City <br /> property subject to this Agreement. If said inspection results in discovery of work that is not <br /> performed in the agreed manner, and to the professional degree set forth in the Specifications, <br /> Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's <br /> actual or estimated costs of performing the work to bring the property into conformance with the <br /> Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per <br /> inspection, per day, per Park not meeting the Specifications during any such inspection. <br /> 3. COMPENSATION <br /> <br /> a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br /> the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit B, and <br /> incorporated by reference. The total sum to be expended under this Agreement shall not exceed <br /> five hundred eight thousand, one-hundred sixty four dollars ($508,164.00), plus a ten percent <br /> (10%) contingency for unanticipated work required, for a total not to exceed amount of five <br /> <br /> 1 <br /> 251-11 <br />