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AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES <br />CITY OF SANTA ANA (DISTRICT A) <br />THIS AGREEMENT is made and entered into this 21st day of June, 2016 by and between Midori Gardens, <br />Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"), <br />RECITALS <br />A. On May 4, 2016, the City issued Request for Proposal No. 16 -063, by which it sought proposals <br />from qualified firms for landscape maintenance services in District A. <br />B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents <br />that it is able and willing to provide the services described in the scope of work that was <br />collectively included in RFP No. 16 -063 as Attachments 1, 4, 5, 6 and 7, and related addenda, and <br />that is attached to this Agreement in its entirety as Exhibit A. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional fimi in the <br />field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's <br />proposal is incorporated herein by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services the <br />rates and charges identified in Exhibit B. The total annual sum to be expended under this <br />Agreement shall not exceed $255,605 during the term of this Agreement. This annual <br />amount is comprised of (1) the stun of $222,265 and (2) a 15% contingency of up to <br />$33,340 for services as may be performed by Contractor at the sole discretion of City. <br />b. Payment by City shall be made within forty -five of days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />I191Oil <br />This Agreement shall commence on July 1, 2016 and terminate on June 30, 2018, unless tenminated <br />earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) <br />one -year periods upon a writing executed by the City Manager and the City Attorney. <br />r �� <br />