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A- 2014 -106 <br />CUSTODIAL SERVICES AGREEMENT <br />THIS AGREEMENT, made and entered into this 1 "day of June, 2014, by and between <br />ABM Onsite Services - West, Inc., a California corporation (hereinafter "Contractor "), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />janitorial and custodial services with high -level industry practice to provide such <br />services for the park buildings in Districts A, 1, 2, and 1 <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 janitorial and custodial maintenance services at the park <br />buildings in Districts A, 1, 2, and 3, as set forth in Contractor's Proposal and the Request for <br />Proposals (attached hereto and incorporated herein as Exhibit A). <br />2. CITY INSPECTION <br />The City's designated representative shall regularly inspect the park restrooms and all <br />other City property subject to this Agreement If said inspection results in discovery of work that <br />is not performed in the manner, and to the professional degree set forth in the Specifications set <br />forth in Exhibit A, Contractor agrees that the City shall deduct from the Contractor's next <br />monthly payment, the cost of performing the work to bring the property into conformance with <br />the Specifications. Additionally, City shall impose liquidated damages of up to $300 per <br />inspection, per park restroom not meeting the Specifications during any such inspection. <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 in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $13 8,336.00, annually during the term of this Agreement. This amount includes <br />a 10% contingency. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals or <br />Specifications which may reasonably be expected by City, <br />