Project 162 - Contract - Ennix - 2000-01-12 AGREEMENT FOR ODOR AND GREASE CONTROL BIOREMEDIATION
THIS AGREEMENT is made and entered into this I Z day of
JAt' URi2'/ 2000, by and between the COSTA MESA SANITARY
DISTRICT a California Sanitary District, hereinafter referred to as 'DISTRICT' and
ENND INCORPORATED hereinafter referred to as 'CONTRACTOR
WITNESSETH
WHEREAS CONTRACTOR is competent to perform bioremediation services
for wa:,tewater and possesses all necessary licenses, permits and approvals to do so and
WHEREAS, DISTRICT desires to utilize the services of CONTRACTOR to
provide a bioremediation system pilot program to reduce and control noxious odors,
hydrogen sulfide and FO&G in the DISTRICT's collection system and appurtenances.
NOW THEREFORE, the parties agree as follows:
1. Scope of the Work
CONTRACTOR shall perform all the services described as follows:
As set forth in the Ennix Bio-Service Odor and Grease Control Bioremediation
Proposal attached hereto and incorporated herein as Exhibit A for a sixty (60) day
'turnkey pilot program'
2. Services Provided
CONTRACTOR shall provide all labor supervision and equipment required to
perform said services.
3. Supplies and Equipment
CONTRACTOR agrees to furnish the necessary equipment associated with
CONTRACTOR's services and assumes the risk of damage to any and all equipment
furnished for use under this Agreement including, but not limited to, computer equipment
or vehicles.
1
4. Compensation
CONTRACTOR shall be paid the sum of Four Thousand Seven Hundred Dollars
($4 700 00) at the conclusion of the sixty(60) day pilot program. Payment is subject to
CONTRACTOR meeting the performance criteria set forth in its proposal.
5. Business License
CONTRACTOR shall, within five (5) days of executing this Agreement, obtain a
current City of Costa Mesa business license during the term of this Agreement or any
extension thereto.
6. Independent Contractor
The parties agree that CONTRACTOR is an independent contractor who is being
paid to produce a result. CONTRACTOR is in no way an employee of DISTRICT
CONTRACTOR controls the means of accomplishing the work. CONTRACTOR shall
pay all Federal and State payroll taxes for employees of CONTRACTOR and said
employees shall in no way be deemed or construed to be employees of DISTRICT for
any purpose.
7 Term
This Agreement shall terminate sixty(60) days after work begins on the job. The
parties may amend this Contract in writing to provide further services.
8. Assignment
No assignment of this Agreement may be made without the express written
consent, of DISTRICT
9 Termination
Either party shall have the right to terminate this Agreement at a date earlier than
specified in paragraph 7 without cause. by giving ten (10) days written notice.
10. Notice
The parties may give notice under this Agreement by sending such notice certified
mail addressed as follows:
2
TO DISTRICT COSTA MESA SANITARY DISTRICT
77 Fair Drive, P 0 Box 1200
Costa Mesa, California 92628
ATTN Dawn Schmeisser
TO CONTRACTOR. ENNIX INCORPORASTED
39212 Big Bear Boulevard
P O Box 1687
Big Bear Lake, California 92315
Such notice shall be deemed received five (5) days after mailing whether signed for or
not.
11. Integration
This Agreement constitutes the entire Agreement and understanding between
parties hereto, and it shall not be considered modified, altered, changed or amended in
any respect unless in writing and signed by the parties hereto.
12. No Waiver
The failure of the DISTRICT at the time to require performance by the
CONTRACTOR of any provisions hereof shall in no way affect the right of the
DISTRICT thereafter to enforce same. Nor shall waiver by the DISTRICT of any breach
of any provisions hereof be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
13. Indemnity
CONTRACTOR agrees to indemnify defend and hold harmless the DISTRICT
its officers, agents, employees and volunteers from any claims or liability arising out of
the performance of this Agreement, save and except that caused by DISTRICT's sole
active negligence.
14. Insurance
CONTRACTOR shall be required to have and maintain insurance as described in
the Ennix Insurance Certificate attached hereto and incorporated as Exhibit 'B'
3
15. Attorney's Fees
The parties agree that should any dispute arise concerning the interpretation of
this Agreement, or regarding the performance or non-performance of this Agreement,
that the prevailing party shall be entitled to reasonable attorney's fees.
WITNESS WHEREOF the parties hereto have set their hands and seals the day
and year first above written.
COSTA MESA SANITARY DISTRICT
By
President_.—.- '«
By,
"dreary
ENNIX INCORPORATED
Bya
Title: y (J [ !F S Fa c t1 Pm
4