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AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES <br />CITY OF SANTA ANA (PARK DISTRICTS 2 AND 3) <br />THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between DMS Facility <br />Services ( "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 October 17, 2016, the City issued Request for Proposal No. 16 -126, by which it sought <br />proposals from qualified firms for landscape maintenance services at City parks in Districts 2 and <br />3. <br />B. Contractor submitted a responsive proposal that was selected by the City for both districts. <br />Contractor represents that it is able and willing to provide the services described in the scope of <br />work for both districts that was collectively included in RFP No. 16 -126 as Attachments 1, 4, 5, 6, <br />and 7, and 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 consulting <br />firm in the 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 $765,222 during the term of this Agreement, This annual <br />arnount is comprised of (1) the sum of $695,656 [$298,156 for District 2 and $397,500 for <br />District 3] and (2) a 10% contingency of up to $69,566 for services as may be performed <br />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 accomithig 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 />3. TERM <br />This Agreement shall cornrnence on February 1, 2017 and terminate on January 31, 2019, unless <br />terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended <br />for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. <br />Exhibit 1 <br />26D -5 <br />