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-- A-2008-260 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES Page 1 of 8 <br />•~ / -0 9 <br />GLERK~~UC~Cib 206 <br />DATE. <br />~ ± FiRGS~L~ LANDSCAPE AND MAINTENANCE AGREEMENT <br />Cho ~~ Ccahr~6 ~ <br />THIS AGREEMENT, made and entered into this 2nd day of September, 2008 by Vista Del <br />Verde Landscape, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of high- <br />levelpark landscape maintenance comparable with standard industry practice. <br />B. Contractor represents that Contractor is able and willing to provide such services to the 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 consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SER CES <br />Contractor shall provide landscape maintenance services for the Santa Ana Zoo at Prentice <br />Park, as set forth in Exhibit A attached hereto, which incorporates "Santa Ana Zoo Landscape & <br />Grounds Maintenance Specifications 8-OS-08" and Contractor's Proposal dated August 8, 2008. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total charged for monthly routine maintenance shall be <br />$8,560.00. An additional $10,000 contingency is available for unanticipated expenses, which shall be <br />authorized in writing executed by the Executive Director of Parks, Recreation and Community <br />Services or his designated representative. The total sum to be expended under this Agreement shall <br />not exceed $112,720.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed during the prior month, subject to City accounting procedures. Payment <br />need not 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 October 1, 2008 and terminate on September 30, 2009 <br />unless terminated earlier in accordance with Section 12, below. <br />25H-3 <br />