HomeMy WebLinkAbout79-07 • .•
RESOLUTION No. 79-07
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH EARTHCARE
LANDSCAPING FOR LANDSCAPE DESIGN AND INSTALLATION SERVICES
WHEREAS, the Environmental Design and Protection Committee proposes to install a
demonstration garden that features California native plants at the north end of the Town
Hall Center.
WHEREAS, landscape improvements including new plantings and restoration of
decomposed granite walkways are proposed for the Heritage House.
WHEREAS, the Planning Director of the Town of Los Altos Hills did duly examine the
proposals for both the demonstration garden and landscape improvements around the
Heritage House.
WHEREAS, the Planning Director recommends that the contract for said project be
awarded to Earthcare Landscaping in the amount of not-to-exceed$30,350.00;
WHEREAS, the City Council of the Town of Los Altos Hills has read and considered
that certain Agreement ("Agreement")between the Town and Earthcare Landscaping.;
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby
RESOLVE as follows:
That the Town of Los Altos Hills hereby approves the proposed contract with
Earthcare Landscaping attached as Attachment A hereto; and authorizes the City
Manager to execute the Agreement on behalf of the Town.
REGULARLY PASSED AND ADOPTED this 11th day of I- .•er, 2007.
BY: '
Mayor
ATT S , :
City Clerk 4
• •
AGREEMENT
BY THIS AGREEMENT made and entered into on the 11th day of October, 2007, by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as TOWN) and:
Earthcare Landscaping
21730 Stevens Creek Blvd.#201 B
Cupertino, CA 95014
(408) 871-2792
(hereinafter referred to as CONTRACTOR). In consideration of their mutual covenants, the
parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials:
Landscape Design and Installation Services as outlined in Exhibit"A."
2. EXHIBITS. The following attached exhibits hereby are made a part of this Agreement:
Exhibit"A": Scope of Services and Estimates from CONTRACTOR
3. TERMS. The services and/or materials furnished under this Agreement shall be completed
by June 30, 2008 and the work shall be completed within 30 days after the job begins unless
additional time is otherwise agreed to in writing by the Town and Contractor._ ,
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR: Time and materials not to exceed $30,350.00 as
further describe&in Exhibit"A".
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless
the TOWN, its officers, agents and employees from any and all demands, claims or
liability of personal injury (including death) and property damage of any nature, caused
by or arising out of the performance of CONTRACTOR under this Agreement.
* b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance
before commencing any services under this agreement meeting minimum coverage
requirements established by TOWN's City Manager.
c. NON-DISCRIMINATION. No discrimination shall be made in the employment of
persons under this agreement because of the race, color, national origin, age, ancestry,
religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this agreement is not a
contract of employment in the sense that the relation of master and servant exists between
the TOWN and undersigned. At all times CONTRACTOR shall be deemed to be an
independent contractor and contractor is not authorized to bind the TOWN to any
contracts or other obligations. In executing this agreement, CONTRACTOR certifies
Contract: Earthcare Landscaping
Page 2
that no one who has or will have any financial interest under this agreement is an officer
or employee of TOWN.
e. CHANGES. This agreement shall not be assigned or transferred without the written
consent of the TOWN. No changes or variations of any kind are authorized without the
written consent of the City Manager.
f. TERMINATION. This agreement may be terminated by TOWN upon thirty (30) days
written notice to CONTRACTOR. CONTRACTOR may terminate this agreement upon
thirty (30) days written notice to TOWN. Monies then owing based upon work
satisfactorily accomplished shall be paid to CONTRACTOR.
6. INVOICING. All invoices shall be mailed or delivered to the attention of the Planning
Director(contract coordinator) at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In witness
whereof, the parties have executed this Agreement the day and year first written above.
CONTRACT COORDINATOR(TOWN) CONTRACTOR
Name: Debbie Pedro, Planning Director By:
Town Hall
26379 Fremont Road Title: 19r-es i d
Los Altos Hills, CA 94022 Social Security
(415) 941-7222 or I.R.S.Number: Z3I'Z3`Y417
TOWN OF LOS ALTOS I
By:
City Manager
Attachments: Exhibit "A", Scope of Services and Estimates from Earthcare Landscaping dated
- - -- - -- - September 26,2007 -— =