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LANDSCAPE WEST MANAGEMENT SERVICES, INC. (11)
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LANDSCAPE WEST MANAGEMENT SERVICES, INC. (11)
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Last modified
6/12/2025 3:55:26 PM
Creation date
6/12/2025 3:53:57 PM
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Contracts
Company Name
LANDSCAPE WEST MANAGEMENT SERVICES, INC.
Contract #
A-2025-083
Agency
Public Works
Council Approval Date
6/3/2025
Expiration Date
6/30/2028
Insurance Exp Date
10/11/2025
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(9) <br /> CITY OF SANTA ANA <br /> the City and by an authorized representative of Contractor. The parties agree that any terms or conditions <br /> of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br /> conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement <br /> acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have <br /> been made by any party, or anyone acting on behalf of any party, which is not embodied herein. <br /> 14. ASSIGNMENT <br /> Inasmuch as this Agreement is intended to secure the specialized services of Contractor, <br /> Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written <br /> consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior <br /> written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit <br /> the City's ability to have any of the services which are the subject to this Agreement performed by City <br /> personnel or by other Contractors retained by City. <br /> 15. TERMINATION <br /> This Agreement may be terminated by the City upon thirty (30) days written notice of termination. <br /> In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for <br /> all services performed by Consultant prior to receipt of such notice of termination, subject to the following <br /> conditions: <br /> a. As a condition of such payment, the Executive Director may require Consultant to deliver <br /> to the City all work product(s) completed as of such date, and in such case such work <br /> product shall be the property of the City unless prohibited by law, and Consultant consents <br /> to the City's use thereof for such purposes as the City deems appropriate. <br /> b. Payment need not be made for work which fails to meet the standard of performance <br /> specified in the Recitals of this Agreement. <br /> 16. WAIVER <br /> No waiver of breach, failure of any condition, or any right or remedy contained in or granted by <br /> the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving <br /> the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed <br /> a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver <br /> constitute a continuing waiver unless the writing so specifies. <br /> 17. JURISDICTION -VENUE <br /> This Agreement has been executed and delivered in the State of California and the validity, <br /> interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined <br /> and governed by the laws of the State of California. Both parties further agree that Orange County, <br /> California, shall be the venue for any action or proceeding that may be brought or arise out of, in <br /> connection with or by reason of this Agreement. <br /> 18. PROFESSIONAL LICENSES <br /> Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, <br /> approvals, waivers, and exemptions necessary for the provision of the services hereunder and required <br /> by the laws and regulations of the United States, the State of California, the City of Santa Ana and all <br /> MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE-RFP#25-058 <br /> 42 <br />
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