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MASTER LANDSCAPE & MAINTENANCE INC. - 2011
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MASTER LANDSCAPE & MAINTENANCE INC. - 2011
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Entry Properties
Last modified
10/25/2017 9:20:48 AM
Creation date
7/7/2011 8:37:23 AM
Metadata
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Template:
Contracts
Company Name
MASTER LANDSCAPE & MAINTENANCE INC.
Contract #
A-2011-147
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
6/6/2011
Expiration Date
6/30/2012
Insurance Exp Date
4/2/2012
Destruction Year
2017
Notes
Amended by A-2012-011, A-2012-111
Document Relationships
MASTER LANDSCAPE & MAINTENANCE SERVICES - 2012
(Amended By)
Path:
\Contracts / Agreements\_PENDING FOLDER\READY TO DESTROY IN 2019
MASTER LANDSCAPE & MAINTENANCE, INC. 2a - 2012
(Amended By)
Path:
\Contracts / Agreements\_PENDING FOLDER\READY TO DESTROY IN 2019
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P.O. Box 1988 <br />Santa Ana, California 92702 <br />facsimile (714) 647-6515 <br />To Contractor: Master Landscape & Maintenance, Inc. <br />10171 Northhampton Ave. <br />Westminster, California 92683 <br />facsimile (949) 531-4816 <br />Attn: Robert Whitecotton <br />A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall <br />be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have <br />been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage <br />prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have <br />been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile <br />machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or <br />City holidays shall be excluded. <br />11. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes <br />any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this <br />Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions <br />of Exhibit A. This Agreement may not be modified except by written instrument signed by the City and by an authorized <br />representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that <br />are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. <br />Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. <br />12. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not <br />assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such <br />assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. <br />Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to <br />this Agreement performed by City personnel or by other Contractors retained by City. <br />13. TERMINATION AND DAMAGES <br />This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such <br />event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by <br />Contractor prior to receipt of such notice of termination, subject to the following conditions: <br />a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of <br />this Agreement and the Specifications set forth in Exhibit A. <br />b. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties <br />and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all <br />remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such <br />failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or <br />another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for <br />all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which <br />remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written <br />notice of termination.
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