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i.J URANCE ON FILE N-2020-087 <br />WORK MAY PROCEED <br />IN FlL. INSURANCE EXPIRES <br />QZ /ol IIYL 1 <br />IRK OF COUNCIL <br />AGREEMENT WITH STUDIOFOLIA TO PROVIDE <br />LANDSCAPE DESIGN AND SERVICES <br />THIS AGREEMENT is made and entered into on this 15th day of April, 2020, by and between <br />Studiofolia, Ine -a California corporation ("Consultant'), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />landscape design and services for the Willits & Sullivan Beautification Project Permanent <br />Display ("Project'). <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting 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 />SCOPE OF SERVICES <br />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 to fully <br />and adequately complete the services for the Project described and set forth in the Fee Proposal <br />for Landscape Work, attached herewith as Exhibit A and incorporated herein by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement by the City to Consultant shall not exceed $35,825.00 for landscape design <br />and services during the term of this Agreement. <br />b. Subject to proper invoicing from Consultant confirming all expenditures from the <br />Project, subject to City accounting procedures, payments shall be made from City to <br />Consultant in two (2) installments. The first amount of $17,912.50, half of the total for <br />landscape design and services, shall be issued within forty-five (45) days after final <br />execution of the Agreement. The second payment for $17,912.50, shall be issued <br />within forty-five (45) after the successful completion of the Project. Payment need not <br />be made for work that fails to meet the standards of performance set forth in the <br />Recitals, which may reasonably be expected by City. <br />Page 1 of 9 <br />