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Contract - Lloyd - 2012-03-05 ks NITA*. Costa Mesa Sanitary District �!9w'' an Inbepenbent Special District Board of Directors Lloyd Pest Control Robert Ooten 1202 Moreno Boulevard James Ferryman Suite 400 Mike Scheafer San Diego CA 92110-3845 James Fitzpatrick Arthur Perry Staff Re Letter of Agreement for Pest Control Scott C. Carroll General Manager Dear Lloyd Pest Control. This letter shall be our Agreement regarding the pest control services Joan Revak described below ("Services') to be provided by Lloyd Pest Control Office Manager ("Consultant") as an independent contractor to the Costa Mesa Sanitary Clerk of the District District. Robin B. Flamers The Services to be provided are more particularly described in the Scope District Engineer of Services attached herto as Exhibit A and incorporated herin by (949) 63/ 1731 reference. Consultant shall perform all Services under this Letter of Agreement in a Alan R Burns skillful and competent manner consistent with the standards generally Legal Counsel recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Marcus D Davis Compensation for the above services shall be billed per visit at a rate of Treasurer seventy-four dollars ($74 00). However unless expressly agreed in writing in advance by the District, the cost to the District for the Services shall not exceed four hundred forty-four dollars ($444) annually Phone Consultant understands that this job if over $1 000 in value and not (949) 645-8400 exempt, requires compliance with the prevailing wage law (Labor Code § Fax 1720 et. seq.) As such, the District will ascertain the prevailing wages to (949) 650-2253 be paid on this job from the Director of Industrial Relations. Consultant agrees to pay prevailing wages and is required to maintain prevailing wage records regarding those payments. Consultant is also required to comply with the apprentice requirements. The District will enforce state Address 628 W 19th Street Costa Mesa, CA 92627 2716 ire0Pruued / (" Recycled Pape Protecting our communitys health And the environment bg providing soli?)waste and sewer collection services. www.crosdca.gov e� nNITgR` asteN�N Costa Mesa Sanitary District 'ycORponntEO�9p. an Inbepenbent Special District 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 community's health by providing solid waste any sewer collection services. www.cmsbca.gov Mosa esa anityry District• V I n �ycpRPp� �+!�9°'' an Inc epenOent Special District DISTRICT CONSULTANT Approved by Reviewed and Accepted by earr ✓ 472),----E / eneral Manager Signature L Approved as to Form: Name c---V cr, ( A°P`y-- /44 wA7C-2 Title Harper & Burns LLP District Counsel 3/ Ira. Date 3 Protecting our community's health by providing solid waste any sewer collection services. www.crosaca.gov Exhibit A Services to be Performed: Lloyd Pest Control will supply labor to perform pest elimination maintenance services once every other month at the following service areas: Outside. Inside upon request. Maintenance service includes: Ants • Roaches • Mice • Rats Spiders • Silverfish • Earwigs Contractor guarantees: • 7/24 SERVICE—Access to a Lloyd customer response center 7 days a week/24 hours a day and guarantee that contractor will be able to provide service within 24 hours of call. • RESPONSE GUARANTEE—The Costa Mesa Sanitary District will always be allowed FREE trouble calls. If there are any problems between our regular monthly visits, contractor will send someone out at no additional charge per agreement. • RESULTS GUARANTEE-After 90 days, if contractor is unable to solve a problem to the customer's satisfaction,the next month's service is free. • FINE GUARANTEE After 90 days, if the Costa Mesa Sanitary District is ever fined by the County Health Department or other government agency for the contractor's inability to remove an infestation of roaches or rodents, Lloyd Pest Control will reimburse the District for the full amount of the fine.