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THIS AGREEMENT is made amid entered into this 15th day of August, 2017 by and between <br />Midori Gardens, Inc., a California Corporation (hereinafter "Contractof ), and the City of Santa <br />Ana, a, charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. On June 1, 2017, the City issued Request for Proposal ("RFP") No. 17-047, by <br />which it sought proposals from qualified firms for landscape maintenance services <br />in Districts 1 and 4. <br />B. This RFP process was initiated after the prior contractor's services were <br />terminated due to non-performance. A new contractor would be selected to <br />handle services for the remainder of the term, <br />C. Contractor submitted a responsive proposal that was selected by the City: <br />Contractor represents that it is able and willing to provide such services regarding <br />District I to the City described in the scope of work that is attached to this <br />Agreement and identified as Exhibit A. <br />D. 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 <br />this Agreement will be pertorrned in compliance with such standards as may <br />reasonably be expected from a professional 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 landscape maintenance services for District I, as set forth in <br />Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also <br />incorporated by reference as though fully set forth herein, <br />2, 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 B and incorporated by reference to this <br />Agreement. The total amount to be expended for services during the term of this <br />Agreement, including any extension exercised under Section 3, shall not exceed <br />$938,580. <br />Page I of 11_ <br />"W6 <br />