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G. The City, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development ("HUD") Community Development Block Grant <br />("CDBG") Program, desires to enter this Agreement with the Consultant for the <br />expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal <br />Regulations 24 CFR 570.000, et seq. ("CDBG Regs"). <br />H. Consultant represents that Consultant is not listed as debarred, is able and willing to provide <br />such services to the City, and will comply with the CDBG Regs. <br />In undertaking the performance of this Agreement, Consultant represents that it will <br />perform such services in a professional manner consistent with the standards of care, <br />diligence and skill ordinarily exercised by professional consultants in similar field and <br />conform to the standards of practice observed on similar, successfully completed projects <br />for the City. Consultant agrees that, if the services are not so performed, in addition to all <br />of its obligations under this agreement and at law, Consultant shall re -perform or replace <br />unsatisfactory work or services as no additional expense to City. <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. <br />2. <br />SCOPE OF SERVICES <br />a. Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required <br />to fully and adequately complete the services described and set forth in Exhibit A, <br />attached hereto and incorporated by reference. <br />b. The initial departments requiring services under this agreement include: selected City <br />Parks as listed in Exhibit A. Additional Statements of Work for additional City parks <br />and maintenance services listed in Exhibit B shall be provided to the City prior to the <br />date for commencement of services listed in Section 3. Said Statements of Work will <br />be included by Addendwn to this Agreement upon receipt by City. No work shall <br />commence nor payment issued for services until the Addendum for the services listed <br />in Exhibit B are fully executed. Additional locations or services not referenced in <br />Exhibit B may be added to this MSA, subject to Sections 2, 4, 5 and 6 of this <br />Agreement. <br />c. Consultant shall also provide all-inclusive maintenance for the entire City system <br />previously built and currently in use by the City for the term of this agreement. <br />COMPENSATION <br />a. The total amount to be expended for services during the term of this Agreement shall <br />not exceed $1,221,250. This amount is comprised of the sum of (1) $1,054,900 and (2) <br />a contingency of up to $166,350 for additional costs or services as may be directed by <br />the City. <br />25D-6 <br />