A Fairy Tale Contract, Page 2
TJ Seitz
SECTION XIX – FORCE MAJEURE
Neither party shall be liable for delay or failure in the performance of any of its obligations under this Contract if and to the extent such delay or failure is due to circumstances beyond the reasonable control of such party, including but not limited to fires, floods, explosions, accidents, acts of God, war, terrorism, riot, strike, lockout or other concerted acts of workers, acts of government and shortages of materials; provided, however, that the party claiming that the "Event of Force Majeure" has affected its performance shall give notice to the other party within ten (10) days of becoming aware of the occurrence of the Event of Force Majeure, giving full particulars of the cause or event and the date of first occurrence thereof. The party claiming force majeure shall use commercially reasonable efforts to eliminate or prevent the cause so as to continue performing its obligations under this Agreement. Notwithstanding the foregoing, if a party’s performance is delayed due to an Event of Force Majeure for more than thirty (30) days, the other party may terminate this Contract by providing the other party with written notice to such effect at the end of such thirty (30) day period.
SECTION XX – CONFIDENTIALITY
Consultant acknowledges that this Contract creates a confidential relationship between Consultant and MGP that is the basis on which MGP will allow Consultant to have access to MGP’s commercially valuable, proprietary and confidential information (the “Confidential Information”). Consultant shall hold the Confidential Information, whether or not so labeled or identified, including the information and Work developed by Consultant for MGP hereunder, in strict confidence and shall not disclose such information to any third party or use such information in any way except as provided for in this Contract. This obligation shall not apply to information which is or may become generally known to the public (without breach of this provision by Consultant) and shall survive for a period of five (5) years after the termination or expiration of this Contract. If Consultant is required by the order of a court or similarly empowered administrative or government agency to disclose the Confidential Information, then Consultant shall not be liable for disclosure; provided, however, that in such case, Consultant shall give MGP written notice of such order as soon as possible prior to the disclosure of the Confidential Information. Consultant shall protect all written materials supplied by MGP and shall not copy or duplicate such materials except as specifically permitted herein. Consultant shall return all the Confidential Information to MGP upon MGP’s request or completion of the services hereunder or, at MGP’s option, the Consultant shall destroy such Confidential Information and provide evidence to MGP of such destruction. The failure of MGP to request such return or destruction shall not relieve Consultant of its confidentiality obligations under this Contract.
SECTION XXI – Independent Contractor Status
Work performed by Consultant for MGP under this Contract shall be in Consultant’s capacity as an independent contractor and not as an agent or representative of MGP. It is expressly understood that this undertaking does not constitute a joint venture. Consultant shall not enter and is not authorized to enter into any contract or commitment on behalf of MGP. Consultant shall assume all responsibility for payment of taxes or other amounts which may be due as the result of payments made by MGP under this Contract and shall indemnify MGP therefore.
SECTION XXII - SPECIAL PROVISIONS
The Consultant shall comply with all California State Executive Orders that mandate all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable federal and state laws, rules and regulations, including the Americans with Disabilities Act. The Consultant shall take affirmative action to ensure that applicants for employment, employees and persons to whom it provides service are not discriminated against due to race, creed, color, religion, sex, national origin or disability.
SECTION XXIII - Governing Law
This Contract shall be governed by and interpreted in accordance with the laws of the United States and the State of California as applied by the courts therein, without reference to its provisions regarding conflicts of laws.
SECTION XXIV - EFFECTIVE DATE
The effective date of this Contract shall be the date that the Project Manager signs the offer and acceptance form or other official contract form, unless another date is specifically stated in the Contract.
FOR THE CONSULTANT/CONTRACTOR
B. B. Wulfe – President Wulfe Eviction and Reposession Services Inc.
Attest:_____________________________
(Signature)
Date: ______9/28/2007________________________
FOR MPG
Thomas T. Piperson – Project Manager_______
Attest:_____________________________
(Signature)
Date: ______9/28/2007________________________
Exhibit A
Statement of Work
by and between
WERS and MGP
This Statement of Work (SOW) defines the services and deliverables that Wulfe Eviction and Repossession Services (WERS) will provide to Muthyre-Guse Properties (MGP) under this Contract. It also defines the responsibilities of WERS and MGP, the scope of the services to be provided, limitations, assumptions, and the terms and conditions of the work to be executed.
In the event of a conflict or ambiguity between the any other contracts between parties and this SOW, the terms of this Contract and associated Exhibit(s) shall control.
Objective
The objective of this Contract between MGP and WERS is to seek assistance with property eviction, cleaning and repair services.
Approach and Scope
WERS will provide property, eviction, cleaning and repair services for the following MGP rental property addresses located in San Diego County, California:
Address #1: 11 Straw Hut Terrace Escondido, CA 92029
Address #2: 659 Lumber Mill Lane Coronado, CA 92178
Address #3: 1082 Brick Schoolhouse Road Oceanside, CA 92045
List of MGP Responsiblities:
1. MGP will notify WERS no later than twenty four (24) hours before each eviction is scheduled with the San Diego Sheriff’s Department unless mutually agreed otherwise.
2. MGP will provide WERS in writing with the appropriate address, date, time, the name and contract information(badge number, cell phone number, e-mail address) of the assigned San Diego County Sheriff’s Deputy for each scheduled eviction unless mutually agreed otherwise.
3. MGP will provide WERS with a master key for every known entrance/exit/window lock(s) at each rental property before the scheduled eviction.
4. MGP will provide WERS (in writing) with any known/reasonably available codes or combinations (manual or electronic) for any locks or equipment located at each rental property before the scheduled eviction.
5. MGP will provide WERS with any known/reasonably available detailed property plans or layouts for each affected rental property before the scheduled eviction.
6. MGP will provide WERS with any known/reasonably available information (in writing) on former tenants with criminal background whose properties WERS will be servicing.
7. MGP will provide WERS with any known/reasonably available information (in writing) on former tenants who owned, cared for or possessed any dogs or dangerous pets (such as poisonous snakes or scorpions) whose properties WERS will be servicing.
8. MGP will provide WERS with any known/reasonably available information (in writing) on former tenants that owned firearms or any other type of weapons (legal or illegal) whose properties WERS will be servicing.
9. MGP will provide WERS with any known/reasonably available information (in writing) on any regular gang/organized crime/sale of illicit drugs type activities in or around properties WERS will be servicing.
10. MGP is responsible for notifying and communicating with its former tenants about the status of th
eir property left behind after their eviction.
11. MGP will notify WERS in writing when it has approved the release of a former tenant’s property from WERS’s storage facilities.
List of WERS Responsiblities:
1. WERS representative will be present and assist San Diego County Sheriff’s Department with delivery of writ of possession at date, time and address stipulated by MGP.
2. WERS representative will retrieve/receive the appropriate copies of receipts, notarized documentation and/or signed Certificate(s) of Service that confirm eviction services were performed accordingly from a San Diego County Sheriff’s Department representative and submit them to the MGP Project Manager within twenty four (24) hours of receiving.
3. WERS will remove old locks from all known/identified doorways/entrances and windows on property and replace with/install new ones.
4. WERS will provide MGP Project Manager with all keys to new rental property locks within twenty four (24) hours of their installation.
5. WERS will video record and photograph the entire property upon initially entering the site to note the condition and any possessions left behind by the former tenant.
6. WERS will create a written description/list of any observable damage/repairs needed within the unit and estimate any work that would be required to fix it. A copy of the initial job list for each effected property will be submitted to the MGP Project Manager within three (3) business days of the eviction for review and approval(in writing). MGP must return the approved list to WERS before any cleaning or repair work will be started by WERS.
7. WERS will arrange for a refuse dumpster to be delivered, picked up and contents properly disposed of as needed.
8. WERS will arrange for a moving van to be used (if necessary) to move any tenant property left behind into storage.
9. WERS will create a written inventory list of all possessions of former tenant left behind during eviction that the San Diego Sheriff’s Department representative certifies is worth more than fifty dollars ($50.00). The list for each property will be provided to MGP within forty eight (48) hours of an eviction.
10. WERS will create a written inventory list, remove and dispose of any items on the premise worth less than fifty dollars ($50.00). The list for each property will be provided to MGP within forty eight (48) hours of an eviction.
11. WERS will remove and move any former tenant items worth more than fifty dollars ($50.00) from the rental property and place them in a secured storage unit located within the WERS facilities at 86 Park Boulevard San Diego, California 92103.
12. WERS will release stored property to owner after MGP notifies WERS in writing and the former tenant(s) pay in full for any fees associated with the storage of their property. If a former tenant does not retrieve their property within three hundred and sixty five (365) days of the eviction date WERS will either auction that property or attempt to sell it for profit through B.B. Wulfe’s Pawn Store location at 83 Park Boulevard San Diego, California 92103. Any money gained from the auction or sale of that property will be applied towards storage and administrative fees.
13. WERS will perform all MPG approved repairs (Dry wall, carpeting, painting, and plumbing appliance/cupboard repair, electrical) before the end of the Contract for all listed rental properties.
14. WERS will repair and/or replace any large appliances as needed
15. WERS will thoroughly clean properties when repair/replacement is not necessary. All wall, counter, cupboard, appliance interior and exterior surfaces will be wiped down with cleaner/bleach. No less than one (1) coat of *paint will be applied to the walls and ceilings of each affected rental unit. All carpets will be professionally steam cleaned and thoroughly dried with large blowers/fans by WERS employees for each property before the end of the Contract.
*Paint color will be standard flat white unless MGP requests/approves (in writing) an alternative color choice.
MGP overview of rental property and eviction circumstances
Tenents were evicted from the three noted rental properties after numerous tenant/neighbor complaints (such as offensive oders, cockroach infestations, household trash and raw waste in the yard) and/or several registered health and safety code violations from the San Diego County Health Department involving mold, vermin and plumbing problems.
It is assumed that all three addresses will require extensive trash removal, cleaning and repair services. It may also become necessary to procure the professional services of an exterminator.
Allocation of Personnel Resources
WERS and MGP will assign professional resources as are required to provide the services and deliverables identified in this Contract. Staffing levels and roles may vary during the course of this engagement as necessary.
WERS estimates that it will require the assignment of two (2) part-time (laborors) and three (3)full-time (certified skilled tradesmen) WERS employees to fulfill the responsibilities detailed in this Contract.
Deliverables
WERS will create, maintain and provide MGP monthly work progress reports, expense reports, copies of receipts and discarded/stored tenant personal property inventory lists for each of the properties listed in the SOW within five (5) business days of the first day of each month the Contract is in effect.
WERS will create a video recording and photographs for each rental property upon first entering the premises and after all contracted work is complete. WERS will provide MGP with a single electronic copy of those images on CD or via e-mail. WERS may choose to take additional video and photographs as needed to identify problems/justify repairs and will provide copies of those images to MPS during monthly updates.
WERS will also provide additional copies of deliverables to designated sources for fees prescribed in Exhibit “C.”
Project Expenses
Details on WERS upfront/known expenses (if any) associated with accepting/transitioning into this Contract will be noted in Exhibit “C” of this Contract.
Investment
Costs for consumables such as cleaning, painting and repair supplies, moving truck and trash dumpster rental, large appliance, window, door and flooring replacement and other reasonable expenses are additional and pre-approved by MGP, will be billed separately at cost,( applicable taxes will be included) to MGP upon submission of proof of such costs. Receipt copies for all billable expenses will be included with monthly deliverables.
Quoted fees in Exhibit “C” may be affected by changes in the engagement scope or by availability and market fluctuations.
Exhibit B
Schedule
Estimated Schedule/Timeline
Estimated Project Start Date: October 3rd, 2009
Address #1: 11 Straw Hut Terrace Escondido, CA 92029
Name of Former Tenant: Mr. Babe Hegget
300 square ft. studio apartment
Eviction Date and Tenant Property Cleanout: October 3rd, 2009 – October 6th, 2009
Rental Property Cleanup and Restoration: October 6th, 2009 - October 27th, 2009
Work Completion Date: October 31st, 2009
Address #2: 659 Lumber Mill Lane Coronado, CA 92178
Name of Former Tenant: Mr. Wilbur Zuckerman
850 square ft. 2 bedroom multilevel townhouse
Eviction Date and Tenant Property Cleanout: October 18th, 2009 – October 21st, 2009
Rental Property Cleanup and Restoration: October 25th, 2009 – November 23rd, 2009
Work Completion Date: November 30th, 2009
Address #3: 1082 Brick Schoolhouse Road Oceanside, CA 92045
