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INSURANf E ON FILE <br />WORK MAY PROCEED <br />UNAUGS0R1N2006PIRES <br />CLERK OF COUNCIL LANDSCAPE AND MAINTENANCE AGREEMENT <br />DATE: SEP 12 2005 <br />0: /22Cs <br />A-2005-115 <br />THIS AGREEMENT, made and entered into this day of JAIAA 2005 by <br />MIDORI GARDENS (hereinafter "Contractor"), and the City, of Santa Ana, a ch(aAer city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />landscape maintenance comparable with "high level" industry practice. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. 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 this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional "high level' contractor 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 />I. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in Exhibit A and Exhibit B (Midori <br />Gardens BID Proposal 05-046)to this Agreement. hi the event of a conflict between the terms of <br />this Agreement and any Exhibits or attachments incorporated herein, the terms of this Agreement <br />shall govern followed by Exhibit A followed Exhibit B. <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 A and Exhibit B. The total sum to be expended under <br />this Agreement, shall not exceed $ 437,976 annually during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2007, unless terminated earlier in accordance with Section 12, below. The term of this <br />