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Contract - Trimco - 2012-03-13 e SpSA `a �,_ y Costa Mesa Sanitary District y`°o• !,`� an • InOepencent Special District Board of Directors Robert Uoten Trimco Landscape Inc, James Ferryman MikeScheafer 3130 West Harvard Street James Fitzpatrick Santa Ana, CA 92704 Arthur Perry Bus. (714) 708-0300 Fax. (714) 708-0321 Staff Scott C' Carroll General Manager Re: Letter of Agreement for Landscape Maintenance Joan Revak Dear Trimco Landscape Inc. Office Manager Clerk of the District This letter shall be our Agreement regarding the landscape maintenance described below ("Services') to be provided by Trimco Landscape Inc. ("Consultant') as an independent contractor to the Costa Mesa Sanitary Robin B. Homers District Engineer District for the District's landscape maintenance. (949) 631 1731 The Services to be provided are more particularly described in the Scope of Services attached herto as Exhibit A and incorporated herin by Alan R. Burns reference The locations for the Services to be provided are more Legal Counsel particularly described in the Locations of Services attached herto as Exhibit 'B' Marcus D. Davis Treasurer Consultant shall perform all Services under this Letter of Agreement in a skillful and competent manner consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Phone Compensation for the above services shall be billed per visit at a rate of (949) 645-8400 Fax eighty dollars ($80 00). However unless expressly agreed in writing in Fax (949) 650-2253 advance by the District, the cost to the District for the Services shall not exceed two thousand and eighty dollars ($2,080) annually Consultant understands that this job if over $1 000 in value and not Address exempt, requires compliance with the prevailing wage law (Labor Code § 628 [V 19th Street 1720 et. seq.) As such, the District will ascertain the prevailing wages to Costa Mesa. CA be paid on this job from the Director of Industrial Relations. Consultant 9262' 2716 agrees to pay prevailing wages and is required to maintain 9 P Y P 9 9 q prevailing wage records a3 A4 P,rnrcd I I L- !herded Pape Protecting our community's bealtti anti the environment Uy providing soli?)haste area sewer collection services. www.crosbca.gov r flNITARr„ �� Costa Mesa Sanita-vN District ■yCaRPO`� ”4a.' an InOepenOent Special District regarding those payments. Consultant is also required to comply with the apprentice requirements. The District will enforce state penalties of $50 per day for failure to pay any worker in accordance with the prevailing wage law Consultant recognizes that state law makes eight hours a day's work and any worker working in excess of that time must be paid overtime (Labor Code § 1813) Consultant shall provide proof of liability and auto insurance to the District in amounts and with policies and conditions acceptable to the District If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall provide proof of workers compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). Invoices shall be submitted to the District monthly as performance of the Services progresses. District shall review and pay the approved charges on such invoices in a timely manner Services on the Project shall begin immediately The District may terminate this Letter of Agreement at any time with or without cause. If the District finds it necessary to terminate this Letter of Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only Consultant shall defend indemnify and hold the District, its officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages and injuries to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages, attorneys fees and other related costs and expenses.] If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below An original, executed copy of this Letter of Agreement is enclosed for your records. [Signatures on Next Page] Protecting our communitys health 6v providing solid waste and sewer collection services. www.croseca.gov ��� ssonTgR` 4401, Costa Mesa Sanity District 'fre.0. ORASE�`9p an InOepenOent Special District DISTRICT CONSULTANT Approved by Reviewed and A :epted by General Manager Signa re i Approved as to Form: Name Title Harper & Burns LLP District Counsel 3/13/1 Z Date Protecting our community's bealtj by providing solid waste iamb sewer collection services. www.crosbca.gov Exhibit "A" Services to be performed every two weeks. • Mow and edge lawn • Prune shrubs and trees (under seven feet) • Remove clippings and debris • Weed and cultivate flower beds • Apply fertilizer and chemicals as needed Exhibit "B" Services to be performed at the following locations: Costa Mesa Sanitary District Headquarters 628 West 19th Street Costa Mesa, CA 92627 Costa Mesa Sanitary District Yard 174 West Wilson Street Costa Mesa, CA 92627