Desk Item
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2017
ITEM NO: 4
DESK ITEM
DATE: MAY 2, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A
MUNICIPAL SERVICES AGREEMENT AND ANY FUTURE AMENDMENTS
WITH THE CITY OF MONTE SERENO
REMARKS:
After the distribution of the Staff Report, the Town Attorney continued to work with Monte
Sereno’s counsel with respect to provision 7.1 Indemnification. By mutual agreement, the
Town and the City are replacing this provision with the following language:
7.1 To the fullest extent permitted by law, the Town shall not be liable for, and the
City shall defend and indemnify the Town, against claims, actions, proceedings,
judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses,
damages, expenses, charges or costs of any kind or character, including
attorneys' fees and court costs {hereinafter collectively "Claims"), which arise
out of or are in any way connected to the work covered by this Agreement or
arising either directly or indirectly from any act, error, omission or negligence of
the Town or its officers, employees, agents, contractors, licensees or servants,
sole or concurrent unless such claims are based on the gross or willful negligent
acts, errors or omissions, whether active or passive, of Town parties.
As a Consent Calendar item, the motion to approve should include the proposed revision to this
provision.