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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