1995-034-Enter Into An Agreement Providing Contract Public Works Inspection Of The City Of CampbellRESOLUTION 1995 - 34
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE MANAGER
TO ENTER INTO AN AGREEMENT PROVIDING
CONTRACT PUBLIC WORKS INSPECTION
FOR THE CITY OF CAMPBELL
WHEREAS, it is in the mutual best interest of the Town of Los Gatos and the City
of Campbell to work cooperatively, and
WHEREAS, the Town has a resource needed by the City of Campbell,
RESOLVED, that the Town Council does hereby authorize the Manager to execute
an agreement between the Town of Los Gatos and the City of Campbell (Exhibit A)
providing contract public works inspection for the City of Campbell.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6th day of March, 1995, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
None
None
None
SIGNED:
0
MAYOR OF THE TO N OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
'OWN CLERK
i
AGREEMENT BETWEEN THE CITY OF CAMPBELL
AND THE TOWN OF LOS GATOS FOR
CONSTRUCTION INSPECTION SERVICES
THIS AGREEMENT entered into on , is
between the CITY OF CAMPBELL (hereinafter "Campbell') and the TOWN OF LOS
GATOS (hereinafter "Los Gatos ").
RECITALS
A. Campbell is authorized by State law and its Municipal Code to contract for
construction inspection services.
B. Los Gatos is willing and able pursuant to its Town Code to provide
construction inspection services.
C. Campbell desires to obtain and Los Gatos is willing to provide such
construction inspection services by Los Gatos' employee, George Garcia, on the terms
and conditions set forth in this Agreement.
AGREEMENT
1. Obligations of Los Gatos. Los Gatos agrees to:
a. Provide the services of George Garcia, an employee of Los Gatos, on a basis
of approximately 20 hours per week, or as otherwise specified in writing, to perform
public works construction inspection services for utility and private land development
permits and capital improvement projects.
b. Provide an accounting to Campbell on a monthly basis of the hours actually
spent by George Garcia in providing the services to Campbell as described in this
Agreement.
c. Ensure that George Garcia is validly licensed by the State of California to
operate a vehicle when performing services under this Agreement.
2. Obligations of Campbell. Campbell agrees to:
a. Provide Los Gatos and George Garcia with all necessary regulations, policies,
procedures, manuals, standard plans and specifications, project information, and other
information, as well as incidental materials and supplies, work area, computer access,
telephone, and other normal provision for inspection services as required to perform the
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EXHIBIT A
services desired by Campbell. All such documents, notes, photographs, supplies, and
reports will remain the property of Campbell.
b. Provide supervision and direct George Garcia as to the time and place of
inspections and other services to be performed for Campbell.
c. Provide George Garcia with a Campbell vehicle for use while performing
services for Campbell.
d. Pay Los Gatos within 30 days after receipt of each invoice for services
rendered under this Agreement.
3. Designation of Per on to Provide Service s. George Garcia has been
designated by Los Gatos and accepted by Campbell as the person to provide the services
under this Agreement. Los Gatos shall not assign any other person to provide those
service without the written consent of Campbell.
4. Term of Agreement. This Agreement shall be effective upon execution by
both parties through June 30, 1995, unless earlier terminated pursuant to this Agreement.
The Agreement may be renewed on such terms and conditions as the parties may agree
to by written amendment to this Agreement.
5. Termination of Agreement. Either party to the Agreement may terminate this
Agreement on 15 days written notice to the other.
6. Employment of Geroge Garcia. It is expressly understood and agreed that
George Garcia may elect to leave the employment of Los Gatos at any time. In such
event, Los Gatos shall provide prompt notice of such a departure to Campbell, and
either Campbell or Los Gatos may elect to terminate the Agreement upon the departure
of George Garcia from Los Gatos employment. Campbell shall pay Los Gatos for all
work actually performend by George Garcia under this Agreement to the date of
termination.
7. Payment. Campbell agrees to pay Los Gatos $35.00 per hour for each hour of
service actually rendered by George Garcia to Campbell pursuant to this Agreement.
8. Independent Contractor. It is understood that Los Gatos and its employees, in
the performance of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of Campbell. As an independent
contractor no employee of Los Gatos shall obtain any rights to retirement benefits,
medical benefits, leave, or any other benefits that accrue to Campbell employee(s). Los
Gatos agrees to make its employees available to testify in any litigation brought
regarding the subject of the work to be performed under this Agreement. Los Gatos
shall be compensated for its employees' costs and expenses in preparing for, traveling to,
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and testifying in such matters at its then current hourly rates of compensation, unless
such litigation is brought by Los Gatos or is based on allegations of Los Gatos' negligent
performance or wrongdoing.
9. Workers Compensation. Los Gatos shall maintain Workers' Compensation
coverages as required by California law and its employees shall be considered employees
of Los Gatos in performing services under this Agreement.
10. Leave. During the course of this Agreement, it is expected that George
Garcia will take time off from employment for personal, sick, and training leave, as well
as normal holiday leave, as provided under the Memorandum of Understanding between
Los Gatos and the Town of Los Gatos Employee Association. Campbell agrees that
such leaves will not constitute a breach of this Agreement, and Los Gatos agrees that it
will provide reasonable notice of all scheduled leaves as well as prompt notice of all
unscheduled leaves.
11. Indemnification. Los Gatos shall save, keep and hold harmless, indemnify
and defend Campbell, its officers, agent, employees and volunteers from all damages,
liabilities, penalties, costs, or expenses, including reasonable attorneys fees and defense
costs, in law or equity, that may at any time arise or be set up because of damages to
property or personal injury received by reason of, or in the course of performing work
which may be occasioned by a willful or negligent act or omissions of Los Gatos, or any
of Los Gatos' officers, employees, or agents.
12. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have
hereunder, nor does waiver of a breach or default under this Agreement constitute a
continuing waiver of a subsequent breach of the same or any other provision of this
Agreement.
13. Governing Law. This Agreement, regardless of where executed, shall be
governed by and construed to the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior or Municipal Court of the County of
Santa Clara.
14. Amendment. No modification, waiver, mutual termination, or amendment of
this Agreement is effective unless made in writing and signed by Los Gatos and
Campbell.
15. Dispute . In any dispute over any aspect of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and costs.
16. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between Campbell and Los Gatos. No terms, conditions,
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understandings or agreements purporting to modify or vary this Agreement, unless
hereafter made in writing and signed by the party to be bound, shall be binding on either
party.
IN WITNESS WHEREOF, Campbell and Los Gatos have executed this
Agreement as of the date indicated on page one (1).
TOWN OF LOS GATOS
By David W. Knapp, Town Manager
Town of Los Gatos
Approved as to Form:
Larry E. Anderson, Town Attorney
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
C9 W PFILES \CONTRACT\GARCIACO.BES
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CITY OF CAMPBELL
By Robert Kass, Public Works Director
City of Campbell
Approved as to Form:
William Seligmann, City Attorney
City of Campbell
ATTEST:
Clerk of the City of Campbell,
Campbell, California
Anne Bybee, City Clerk