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AGREEMENT FOR LANDSCAPE MAINTENANCE <br />OF STREET MEDIANS <br />AND VARIOUS PUBLIC FACILITIES <br />THIS AGREEMENT, made and entered into this 17th day of June, 2013 by Mariposa <br />Landscapes, Inc. (hereinafter "Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />landscape maintenance of street medians and a variety of City owned landscaped areas. <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 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 />1. SCOPE OF SERVICES <br />Contractor shall perform landscape maintenance in the City's medians, neighborhood <br />entryways, parking lots, sidewalks, utility facilities and other City owned facilities, as set forth in <br />City's Request for Proposals for Providing Median Landscape Maintenance #13-018, Exhibit A, <br />Scope of Services, and Exhibit B - Routine Maintenance Locations, attached to this Agreement <br />and incorporated by reference. <br />2. REPRESENTATIVES <br />For the purpose of implementing this Agreement, the City' Project Manager shall be the <br />Executive Director of the Public Works Agency, or his designee. Contractor's Project Manager <br />shall be . The parties authorize their respective Project Managers to act in <br />conformance with the terms and conditions set forth in this Agreement. <br />3. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified Contractor's Proposal Item Pricing, attached hereto as Exhibit C <br />and incorporated by this reference. The total sum to be expended under this Agreement shall not <br />exceed $628,160, annually, which includes a contingency of $80,000 for extraordinary <br />maintenance, during the term of this Agreement. <br />b. Invoices <br />25E-3