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<br /> <br /> <br /> <br /> <br /> EXHIBIT "D" <br /> SAMPLE AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this day of 2007 by <br /> (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 /> <br /> <br /> RECITALS <br /> <br /> A. The City desires to retain a Contractor having special skill and knowledge in the field of park <br /> landscape maintenance services comparable with "high-level" industry practice. <br /> <br /> B. Contractor represents that Contractor is able and willing to provide such services to the City. <br /> <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 /> <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 /> <br /> 1. SCOPE OF SERVICES <br /> Contractor shall perform those services as set forth in the RFP specifications (Exhibit "A" <br /> hereto) and all attachments thereto, as well as the Contractor's Proposal attached to this <br /> Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or <br /> Attachments hereto, the terms of this Agreement shall prevail followed by the provisions of <br /> Exhibit A. <br /> <br /> 2. CITY INSPECTION <br /> <br /> The Director or his designated representative shall regularly inspect the parks, playgrounds, <br /> fields and all other City property subject to this Agreement. If said inspection results in <br /> discovery of work that is not performed in the agreed manner, and to the professional degree <br /> set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's <br /> next monthly payment, the City's cost of performing the work to bring the property into <br /> conformance with the Specifications. Additionally, City shall impose liquidated damages of up <br /> to $300.00 per inspection, per park not meeting the Specifications during any such inspection. <br /> <br /> 3. 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 F. The total sum to be expended under this Agreement, shall <br /> not exceed the annual amount of $ during the term of this Agreement. <br /> <br /> B. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br /> evidencing work performed, subject to City accounting procedures. Payment need not be made <br /> 57 <br /> 25H-87 <br />