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INSURANCE ON FILE A-2006-020 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />7 - f -Oro <br />CLERK OF COUNCIL <br />DATE: 5-a -O (p LANDSCAPE AND MAINTENANCE AGREEMENT <br />6, peCS f�) THIS AGREEMENT, made and entered into this 64"_ day of�, <br />�e T% 2006 by Vista Del Verde Landscape, Inc. dba Bevill Landscape Management (hereinafter <br />"Contractor"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the <br />field of landscape maintenance comparable with "high-level" industry <br />practice. <br />B. Contractor represents that Contractor is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it <br />is knowledgeable in its field and that any services performed by Contractor <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional "high-level' contractor in the <br />field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in the Ground/Landscape <br />Maintenance Contract Special Provisions (Exhibit "A" hereto) and all attachments <br />thereto, as well as well as the Bevill Landscape Proposal of Services (Exhibit `B" hereto) <br />attached to this Agreement. hi the event of a conflict between the terms of this <br />Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall <br />prevail followed by the provisions of Exhibit A followed by the provisions of Exhibit B. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit B. The total sum to be expended <br />under this Agreement, shall not exceed the annual amount of $ 176,836.00 during the <br />term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />