Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and Service Providers for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Service Provider, its employees, subcontractor, agents and Service Providers.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.
16. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, the Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an Agreement with a developer of any land within the City or with a City franchisee, the Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any Agreement or request to perform services for that identified developer/franchisee during the term of this Agreement.
17. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California and, should litigation occur, venue shall be in the Superior Court of Santa Barbara.
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City of Goleta
Public Works Department Agreement with County Sanitation Company DBA Stewart’s De Rooting & Plumbing
18. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
19. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Service Provider’s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
20. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO SERVICE PROVIDER: Todd Hodgins
County Sanitation Company
415 E. Montecito Street
Santa Barbara, CA 93101
21. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
Docusign Envelope ID: 282B2C1A-58E5-8698-816E-8DD880BC77D1 111
City of Goleta
Public Works Department Agreement with County Sanitation Company DBA Stewart’s De Rooting & Plumbing
In concurrence and witness whereof , this Agreement has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
_____________________________ ________________________________ Robert Nisbet, City Manager Todd Hodgins, President
ATTEST:
____________________________ _______________________________ Deborah Lopez, City Clerk Jennifer Hodgins, Vice President
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
____________________________
Scott Shapses, Deputy City Attorney
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City of Goleta
Public Works Department Agreement with County Sanitation Company DBA Stewart’s De Rooting & Plumbing
EXHIBIT A
SCOPE OF WORK
Perform permit-required confined space entry into splashpad surge tank. Remove four filters and install clean filters provided by City of Goleta. City to have four clean filters onsite ready for replacement upon entry into splashpad surge tank.
Includes confined space entry permit with ventilation blower, atmosphere tester, and rescue tripod.
Confined space team includes an entrant, attendant, and entry supervisor. Perform on-call plumbing repair work as directed by the City’s Project Manager. All work to be completed weekly before 10 AM on Mondays, Wednesdays, and Fridays.
Note:
The surge tank will typically have water approximately five feet deep during filter change out work.
City to maintain clean surge tank and proper balance of water chemistry prior to any surge tank confined space entry.
City to allow storage of confined space rescue equipment onsite in pump house. City to provide key for pump house in case access for equipment is needed for emergencies.
City to provide electricity for ventilation blower.
City to provide plumbing materials and supplies.
Service Provider is not responsible for any damage to piping, valves, or filters during entry, cleaning, or exit.
Docusign Envelope ID: 282B2C1A-58E5-8698-816E-8DD880BC77D1 113
City of Goleta
Public Works Department Agreement with County Sanitation Company DBA Stewart’s De Rooting & Plumbing
EXHIBIT B
SCHEDULE OF FEES
First permit-required confined space entry to include removal of four dirty paper cartridge filters and installation of four clean paper cartridge filters provided by City.
Fee = $2,000.00 for first entry
Permit-required confined space entries thereafter to include removal of four dirty paper cartridge filters and installation of four clean paper cartridge filters provided by City.
Fee = $1,500.00 for each entry after first entry
On-call hourly plumbing repair work as directed by the City’s Project Manager. City to provide any needed plumbing materials and supplies.
Fee = $540/hr for three-person confined space entry team.
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