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INSURANCE ON FILE WORK MAY PROCEED TIL INSURANCE EXI')IRES CLER OUNCIL GREEMENT FOR LANDSCAPE MAINTENANCE SERVICES DATE; 2) 2�a ' CITY OF SANTA ANA (DISTRICT A) A-2016-151 THIS AGREEMENT is made and entered into this 21 st day of June, 2016 by and between Midori Gardens, Inc, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ('City"), j1 RECITALS A. On May 4, 2016, the City issued :Request for Proposal No. 16.063, by which it sought proposals from qualified firms for landscape maintenance services in District A. t B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and, willing to provide the services described in the scope of work that was 1 collectively included in RPP No. 16-063 as Attachments 1, 4, 5, 6 and 7, and related. addenda, and that is attached to this Agreement in .Its entirety as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreernent will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, 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 those services as set forth in Exhibit A to this Agreement, Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B, The total annual sum to be expended under this Agreement shall not exceed $255,605 during the term of this Agreement. This annual amount is comprised of (1) the sum of $222,265 and (2) a 15% contingency of up to $33,340 for services as maybe performed by Contractor at the sole discretion of City. b, Payment by City shall be made within forty-five of days (45) days following reeeipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be rnadc for work that fails to meet the standards of porfiinnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2016 and terminate on June 30, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and the City Attorney,