25A - AGMT - CUSTODIAL SRVS AT PARKS

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CUSTODIAL SERVICES ACv,R.,.EEMENT THIS AGREEMENT, made and entered into this I" day of June, 2014, by and between Dell Drtildimg 1vlaintenancc Company, Inc., a Califomia corporation (hereinafter "Contractor"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State o f California (hereinafter "City"), RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial and custodial services with high -level industry practice to provide such services for the park restrooms in Districts 1, 2, 3 and 4. B. Contractor represents that Contractor is able and willing to provide such services to the city. C. In undertaking the perdormance of this Agreement, Contractor represents that it is knowledgeable in its Field and that any services performed by Contractor under this Agreeuietrt will be performed In compliance with such standards as may reasomably be expected From a professional consulting Firm in the field. NOW TIIE,R'EFORE, 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 janitorial and custodial maintenance services at the park restrooms in Districts 1, 2, 3, and 4, as set forth in Contractor's Proposal and the Request for Proposals (attached hereto and incorporated herein as Exhibit A), 21 CITY INSPECTION The City's designated representative shall regularly inspect the park restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications set forth in Exhibit A, Contractor agrees that the City shall deduct from the Contractor's next monthly payment, the cost of performing the work to 'bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $304 per inspection, per park restroem 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 Exhibit A, The. total sum to be expended under this Agreement shall not exceed $125,796,00, annually, during the term of this Agreement. This amount includes a 10% contingency. 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 falls to meet the standards of performance set forth in (lie Rc•,citals or Specifications which may reasonably be expected by City. 25A -3