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HomeMy WebLinkAboutA2-05 Damon Garcia Landscape MaintenanceAGREEMENT hereinafter referred to as the Contractor . WITNESSETH : WHEREAS, the City's Damon Garcia landscape maintenance provided by the contractor unde r Specification No . 99826 will be effective January 1, 2005 ; an d WHEREAS, the Contractor has submitted the bid for the remaining landscape maintenance o f Specification No . 99826 ; and WHEREAS, the City wants to quickly award a successor contract for landscape maintenance o f Specification No . 99826 in order to avoid service disruptions ; NOW THEREFORE, in consideration of their mutual promises, obligations, and covenant s hereinafter contained, the parties hereto agree as follows : 1. TERM . The term of this Agreement shall be from January 1, 2005 to June 30, 2005 . 2. INCORPORATION BY REFERENCE .City Specification No . 99826 and the Contractor's proposal dated October 2004, are hereby incorporated in and made a part of this Agreement . 3. THE CITY'S OBLIGATIONS .For providing landscape maintenance services as specifie d in this Agreement, the City will pay and the Contractor shall receive therefor payments based upon the uni t prices of $5026 .00 per month for work to maintain the Damon-Garcia Sports Complex for the remainder o f the maintenance establishment period . 4. CONTRACTOR'S OBLIGATIONS . For and in consideration of the payments an d agreements hereinbefore mentioned to be made and performed by the City, the Contractor agrees with the City to do everything required by this Agreement and the said specification . 5. AMENDMENTS . Any amendment, modification, or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer o f the City . THIS AGREEMENT is made and entered into in the City of San Luis Obispo on thi s 5 day of --t'3 5 ,by and between the CITY OF SAN LUI S OBISPO, a municipal co er referred to as the City, and Tennis Landscape Corporation, 6.COMPLETE AGREEMENT .This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l agreement, understanding, or representation not reduced to writing and specifically incorporated herein shal l be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upo n the parties hereto . 7. NOTICE .All written notices to the parties hereto shall be sent by United States mail , postage prepaid by registered or certified mail addressed as follows : Public Works Departmen t City of San Luis Obispo 955 Mono Stree t San Luis Obispo, CA 9340 1 Tennis Landscape Corporation P .O . Box 5143 San Luis Obispo, CA 9340 3 8. AUTHORITY TO EXECUTE AGREEMENT .Both the City and the Contractor d o covenant that each individual executing this agreement on behalf of each party is a person duly authorized an d empowered to execute agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day an d year first above written . CITY OF SAN LUIS OBISP O City Contractor APPROVED AS TO FORM : Cit tto ey CONTRACTO R Juan Sarabia, Presiden t (please print or type name and title)