Council Agendas and Reports
Item 05 - Agreement for Services with Pacific Water Art, Inc
10/23/2018 4:07:05 PM
6/13/2018 10:54:54 AM
Docs Ref Code
005 Attachment 1
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Page 1 of 8 <br />Agreement for Services – Pacific Water Art <br />July 1, 2018 -June 30, 2023 <br />ATTACHMENT 1 <br />Agreement for Services <br /> <br />THIS AGREEMENT is dated for identification this 1 st of July 2018 and is made by and between <br />TOWNAOFALOSAG TOS,AaACaliforniaAmunicipalAcorporation,A(“Town”)AandAPacificAWaterA rt,AInc.,A <br />(“ServiceAProvider”),AwhoseAaddressAisA1244ABirchwoodADrive,ASunnyvale,AC A94089.AAThisA <br />Agreement is made with reference t o the following facts. <br /> <br />I. RECITALS <br /> <br />1.1 The Town desires to engage Service Provider to provide fountain maintenance and repair <br />services. <br /> <br />1.2 The Service Provider represents and affirms that it is willing to perform the desired work <br />pursuant t o this Agreement. <br /> <br />1.3 Service Provider warrants it possesses the distinct professional skills, qualifications, <br />experience, and resources necessary to timely perform the services described in this <br />Agreement. Service Provider acknowledges Town has relied u pon these warranties to retain <br />Service Provider. <br />II. AGREEMENT <br /> <br />2.1 Scope of Services . Service Provider shall provide services as described in that certain <br />Proposal sent to the Town on May 25 , 2018, which is hereby incorporated by reference and <br />attached a s Exhibit A. <br /> <br />2.2 Term and Time of Performance . The effective date of this Agreement shall begin on July 1, <br />2018 and will continue through June 30, 2023 , subject to appropriation of funds, <br />notwithstanding any other provision in this agreement. <br /> <br />2.3 Comp liance with Laws . The Service Provider shall comply with all applicable laws, codes, <br />ordinances, and regulations of governing federal, state and local laws. Service Provider <br />represents and warrants to Town that it has all licenses, permits, qualification s and <br />approvals of whatsoever nature which are legally required for Service Provider to practice <br />its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant <br />to Chapter 14 of the Code of the Town of Los Gatos. <br /> <br />2.4 Sole Re sponsibility . Service Provider shall be responsible for employing or engaging all <br />persons necessary to perform the services under this Agreement. <br /> <br />2.5 Information/Report Handling . All documents furnished to Service Provider by the Town and <br />all reports and supportive data prepared by the Service Provider under this Agreement are <br />theATown’sApropertyAandAshallAbeAdeliveredAtoAtheATownAuponAtheAcompletionAofAservicesAorA <br />at the Town's written request. All reports, information, data, and exhibits prepared or <br />assembled by Service Provider in connection with the performance of its services pursuant
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