DMS FACILITY SERVICES TO PROVIDE LANDSCAPING-2017

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A-2017-006 1 n AGREEMENT FOR LANDSCAPE MAINTEN,A,NCE SERVICES o ® CITY OF SANTA ANA (PARK DISTRICTS 2 AND 3) UJ U ,4 zO� z Ni o THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between DMS Facility Q} a N Services ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and O w � existing under the Constitution and laws of the State of California ("City'°). co z9� Ca RECITALS A. On October 17, 2016, the City issued Request for Proposal No. 16-126, by which it sought proposals from qualified firms for landscape maintenance services at City parks in Districts 2 and 3. B. Contractor submitted a responsive proposal that was selected by the City for both districts. Contractor represents that it is able and willing to provide the services described in the scope of work for both districts that was collectively included in R.FP No. 16-126 as Attachments 1, 4, 5, 6, and 7, 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 Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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 $765,222 during the term of this Agreement. This annual amount is comprised of (1) the sum of $695,656 [$295,156 for District 2 and $397,500 for District 3] and (2) a 10% contingency of up to $69,566 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. TERM This .Agreement shall cominence on February 1, 2017 and terminate on January 31, 2019, 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.