HomeMy WebLinkAboutService Agreement 12-2-1968A G R'E E M E N T
SERVICE AND MAINTENANCE OF THE LOS ALTOS HILLS SEWER SYSTEM
THIS AGREEMENT, made and entered into this ��t, day of
T11— , 1968, by and between the CITY OF PALO ALTO, a
municipal corporation, hereinafter called "Palo Alto", and the
TOWN OF LOS ALTOS HILLS, a municipal corporation, hereinafter
called "Los Altos Hills",
W I T N E S S E T H:
WHEREAS, Palo Alto and Los Altos Hills entered into a joint
use agreement on March 18, 1968 covering the transportation,
treatment and disposal by Palo Alto of sewage emanating within a
portion of the territorial limits of Los Altos Hills, and
WHEREAS, Los Altos Hills wishes to supplement this agreement.
to provide for the service and maintenance of all existing and
future sanitary sewer facilities and systems located within the
area delineated on the map attached hereto, marked EXHIBIT A,
except those owned, operated and maintained by Palo Alto as of
March 19, 1968, and
WHEREAS, Palo Alto is equipped to perform this service and
maintenance,
NOW, THEREFORE, in consideration of their mutual covenants
the parties hereto agree as follows:
1. SCOPE OF WORK. Palo Alto agrees to provide all labor
and furnish all of the tools, equipment and materials necessary
to perform all of the service and -maintenance of all existing and
future sanitary sewer facilities and systems located within the
area delineated on the map attached hereto, marked E)aIBIT A,
except those owned, operated and maintained by Palo Alto as of
March 18, 1968. Work will include routine inspection and -answer-
ing of service calls on a twenty-four hour basis. Maintenance
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Will include necessary repairs and replacements, rodding, balling,
flushing, unplugging, and all work incidental thereto, as required
to keep the system operational.
(a) Exceptions:
(1) This agreement does not include nor contemplate
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any extensions of the existing or future system to areas not
covered by the original sewer contract between the parties
hereto dated March 18, 1968, nor does it include .any work
on any customer service line.
(2) Palo Alto will not be responsible for any repairs
or replacements necessary as a result of major damage caused
by any Act of God or public enemy.
2. PERSONNEL. Palo Alto agrees to furnish competent, ex-
perienced personnel drawn from its own staff permanently employed
to service and maintain the Los Altos Hills sewer system, Personnel
required to perform any specific job will be solely determined
by the Palo Alto Utility Superintendent or his delegated super-
visor and all work will be performed diligently, skillfully and
continuously in order that there be no delay and to meet whatever
the situation may require. Palo Alto agrees that personnel are
available for work or service on a twenty-four hour basis, and
will commence said work and service immediately upon execution of
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this agreement.
3. EQUIPMiENT AND TOOLS. Palo Alto agrees to furnish and
maintain city -owned equipment to meet the requirements of any
work or service. Any equipment required that is not available
or owned by Palo Alto will be rented by Palo Alto from an
outside equipment rental agency, at a rental rate to be charged
to Los Altos Hills as hereinafter provided. Hand tools such as
picks, shovels, hammers, bars, chisels, and other miscellaneous
tools, will be furnished by Palo Alto at no additional charge.
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4. COMMENCEMENT AND TERM. This agreement shall become
effective upon execution and shall continue for an indefinite
term, subject to termination as hereinafter provided.
5. COMPENSATION. For the full performance of the work and
services described herein, Los Altos Hills agrees to pay Palo Alto
the following compensation:
(a) Actual Cost of Services Rendered. The cost of
services rendered under paragraph 1 will include the direct
costs of personnel, materials and equipment used plus in-
direct costs not to exceed thirty-three and one-third percent
(33-1/3%) of direct cost.)
(b) Service Charge. In the event the total charges
for personnel and equipment are less than $200 per month,
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Los Altos Hills shall pay to Palo Alto the difference between
Tn s such total and $200"as, a minimum service charge for providing
standby service on a twenty-four hour basis.
(c) Surcharge. All charges under (a) of this paragraph
shall be billed to Los Altos Hills as hereinabove provided
plus fifty percent (50%).
The amount of compensation shall be determined by Palo Alto
and billed to Los Altos Hills on a quarterly basis.
6. INSURANCE. Palo Alto shall be responsible for the
workmen's compensation claims of its employees engaged in work
under this agreement. In addition, Palo Alto shall maintain in-
surance against public liability and property damage.
7. MAPS. Los Altos Hills agrees to furnish Palo Alto with
maps, drawings and other documents as required covering the sewer
system and to provide full information regarding grades and lines,
properties, rights of way, restrictions, easements, encroachments,
boundaries and other data pertaining to said system.
S. TER4INATION AND NOTICE. This agreement may be texm�inated
without cause by either party giving ninety (90) day written notice
-addressed to the chief administrative officer of the other party.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Is/ George A, Sigel
A " __
.Sett. �Tdty Manager
APPROVED:
Isl Alfred J. Mitchell
City --C-0-,Tt-r—o II e —r
APPROVED AS TO CONTENT:
Isl Ilw:qle L. May
C jef U`t_i_lTt—i_es Engineer
ATTEST:
__j§j Dewiis R. Lahr
Town7d_le_rk —
APPROVED AS TO FORM:
/s/ tobin FaiSant
CityAttorney
APPROVED AS TO CONTENT:
Isl L<Yejcll Vz'rSe, I
CITY OF PALO ALTO
BY 1,5�L
Mayor
TOWN OF LOS ALTOS HILLS,
BY Isl Vin. Ross Ai*ken
Mayor
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AREA COVERED BY AGRIE"..N,