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2005-075 - Approving An Agreement Between The Town Of Los Gatos And The City Of Monte Sereno For Road Maintenance And Public Works Services
RESOLUTION 2005 - 75 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO FOR ROAD MAINTENANCE AND PUBLIC WORKS SERVICES WHEREAS, the City of Monte Sereno (CITY) desires to utilize the services of the Town to provide road maintenance and other public works services in the CITY; and WHEREAS, it is the public interest for CITY to be able to utilize the services of the Town of Los Gatos (TOWN) as a reliable, timely and cost effective means of obtaining necessary services to perform certain limited and time sensitive street - related repairs and street sign production; and WHEREAS, the TOWN is willing to provide such services to the CITY. NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby authorize the Town Manager to execute an agreement (Exhibit A) between the Town of Los Gatos and the City of Monte Sereno to provide contract public works services for the City of Monte Sereno. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20th of June, 2005, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Mike Wasserman. NAYS: None ABSENT: None ABSTAIN: None SIGNED: AOOWIA�� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Y/ CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AGREEMENT BY AND BETWEEN THE CITY OF MONTE SERENO AND TIIE TOWN OF LOS GATOS FOR ROAD MAINTENANCE AND PUBLIC WORKS SERVICES THIS AGREEMENT is made and entered into this day of , 2005, by and between the CITY OF MONTE SERENO, a municipal corporation of the State of California, hereinafter referred to as "CITY" and the Town of Los Gatos, a municipal corporation of the State of California, hereinafter referred to as "TOWN." RECITALS WHEREAS, the CITY desires to utilize the services of the Town to provide road maintenance and other public works services in the CITY; and WHEREAS, it is in the public interest for MONTE SERENO to be able to utilize the services of the TOWN as a reliable, timely and cost effective means of obtaining necessary services to perform certain limited and time sensitive street repairs and street sign production; and WHEREAS, the TOWN is willing to provide such services to the CITY. NOW, THEREFORE, in consideration of their mutual promises and agreements, and subject to the terms, conditions, and provisions hereinafter set forth, the parties hereto agree as follows: AGREEMENT I. SCOPE OF PROJECT 1.1 The PROJECT consists of removing and replacing isolated areas of pavement failures, grinding pavement for resurfacing, removing and replacing traffic striping and markings, storm related maintenance, street sign production and installation and similar incidental work. 2. SCOPE OF WORD 2.1 When the CITY desires to use the services of TOWN as outlined in Section 1.1 above, the City's Public Works Director shall contact the Town's Public Works Director and provide the details of the requested services. Depending upon availability, the TOWN shall, within 24 hours of the request by the City's Public Works Director or designee, inform the CITY of the amount time it will take for the TOWN to perform the services. The CITY shall determine in its sole and absolute discretion whether to use the services of the TOWN. If the City so Page 1 of 5 EXHIBIT A determines, the CITY and the TOWN shall mutually agree upon the terms of that specific job. 3. COSTS 3.1 The CITY shall pay the TOWN in accordance with the Billing Rates outlined in Exhibit A to this Agreement, by this reference incorporated herein. 3.2 Upon completion of the particular job by the TOWN and acceptance by the CITY, the TOWN shall forward to the CITY, within thirty (30) days, a statement of all costs and an invoice for Rinds due TOWN for the particular job. 3.3 The CITY shall pay the TOWN the total amount due within forty --five (45) days of billing. 3.4 In accordance with Exhibit A, the TOWN may charge the CITY an administrative fee in the amount of approximately 17% of the costs for direct labor performed by the TOWN and TOWN -owned equipment. No administrative fees may be charged for subcontractor services. 4. INSURANCE AND INDEMNIFICATION 4.1 Neither the CITY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the TOWN under or in connection with any work, authority or jurisdiction delegated to the TOWN under this agreement. It is understood and agreed that, pursuant to Government Code section 895.4, the TOWN shall indemnify, defend, and hold the CITY harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by the TOWN under this agreement. It is understood and agreed that the foregoing indemnity applies solely to liability arising from the acts or omissions of the TOWN and does not extend to liability for injury or claims arising from the acts or omissions of the contractor ,performing the work. Page 2 of 5 4.2 Neither the TOWN nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this agreement. It is understood and agreed that, pursuant to Government Code section 895.4, the CITY shall indemnify, defend, and hold the TOWN harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the CITY under this agreement. TERM The term of this Agreement shall be one (1) year from the date of execution. The CITY and the TOWN may agree to extend the term of this Agreement on the same terms and conditions for successive one (1) year terms for a period often (10) years by amendment to the term of this Agreement, which may be executed on behalf of CITY by its City Manager, and for TOWN by its Town Manager. 6. ADDITIONAL PROVISIONS 6.1 A party's waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or reach of any other term., condition or covenant. 6.2 This Agreement, including Exhibit A contains the entire Agreement between the CITY and the TOWN relating to the SERVICES. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 6.3 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on the CITY and the TOWN. 6.4 This Agreement shall be governed and construed in accordance with laws of the State of California. 6.5 This Agreement may be executed in counterparts. 6.6 Warranty period shall be one (1) year liom the date the CITY accepts the work by the TOWN. 6.7 All changes or extensions to this Agreement must be in writing in the form of an amendment and approved by both parties. Page 3 of 5 6.8 This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person.. 6. NOTICES All correspondence relating to the PROJECT, including all notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at the following addresses. CITY: Gordon Siebert, City Engineer Public Works Department 18041 Saratoga -Los Gatos Road Monte Sereno, CA 95030 -4299 TOWN: John Curtis Director of Parks and Public Works 41 Miles Avenue Los Gatos, CA 95030 IN WITNESS WHEREOF, the parties have executed the AGREEMENT the day and year set forth above. TOWN: TOWN OF LOS GATOS, a municipal corporation By: Debra Figone, Town Manager Date: ATTEST: By: Date: Marlyn Rasmussen, Clerk Administrator APPROVED AS TO FORM: By: Date: Orry P. Korb, Town Attorney Page 4 of 5 MONTE SERENO: CITY OF MONTE SERE-NO By: Date: Brian Loventhal, City Manager ATTEST: By: Date: Andrea M. 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