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EXHIBIT B <br />CITY OF SANTA ANA <br />REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 <br />SAMPLE AGREEMENT <br />THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter <br />"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />1. The City desires to retain a Contractor having special skill and knowledge in the field of landscape <br />maintenance. <br />2. Contractor represents that Contractor is able and willing to provide such services to the City and is <br />licensed by the State of California to provide landscape maintenance services. <br />3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its <br />field and that any services performed by Contractor under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional landscape <br />maintenance firm. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />DEFINITIONS <br />II. TERMS AND CONDITIONS <br />A. TERM <br />The term of this contract shall commence the date of City Council award and approval of all <br />insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth <br />in Section H, below. City is hereby granted an option to renew for up to four (4) additional one - <br />year terms on the terms and conditions set forth herein. Said options shall be exercised in <br />writing at least thirty (30) days prior to the end of the initial term or any extension thereof. <br />B. CONTINUED FUNDING <br />In the event funding is not allocated for parking control enforcement services during the annual <br />budget approval process, the City shall notify the provider of such occurrence in writing at least <br />thirty (30) days before the end of the current fiscal period, and contract shall terminate on the <br />last day of current fiscal period without penalty or expense to the City <br />C. COMPENSATION <br />City agrees to pay and contractor agrees to accept as total payment for its services, the <br />rates and charges set forth in contractor's proposal, attached hereto and incorporated by <br />Districts 1 and 3 Park Landscape RFP <br />Page 57 <br />