Laserfiche WebLink
A- 2014 -014 <br />INSURANCE ON FILE <br />WORK MAYPROCE.ED <br />UN11L 4NSURANCF FXPIRES <br />CLERK OF COUNCI L <br />iJ DATE: 2 -3-1 ( LANDSCAPE AND MAINTENANCE AGREEMENT <br />�j TIUS AGREEMENT, made and entered into this 6n` day of January, 2014 by Landscape West <br />Management Services, Inc., dba Palo Verde Landscape Nlanagement Services, a California corporation <br />(hereinafter "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 (hereinafter "City "). <br />w <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of high - <br />level park 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 SERVICES <br />Contractor shall perform landscape maintenance services for Santa Ana Parks, District I <br />covering eight (8) City properties, as set forth in City's Request for Proposal 13 -068, dated October 30, <br />2013, incorporated by reference to this Agreement, the Specification for Routine Maintenance, <br />attached hereto as Exhibit A, and Contractor's Proposal dated November 21, 2013, . incorporated by <br />reference to this Agreement. Said maintenance includes the baseball /softball diamond mumtonance, <br />which Contractor has subcontracted to Major League Softball, Inc. <br />2. CITY INSPECTION <br />The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, <br />or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to <br />this Agreement. If said inspection results in discovery of work that is not performed in the agreed <br />manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City <br />shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of <br />performing the work to bring the property into confomnanee with the Specifications. Additionally, <br />City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the <br />Specifications during any such inspection. <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 B. The total sum to be expended under this Agreement shall not <br />