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HomeMy WebLinkAbout05-07RESOLUTION NO. 5 - 0 7 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND.AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND JAMES G. BOYLE FOR CONSTRUCTION INSPECTION SERVICES WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement ("Agreement") between the Town and James G. Boyle. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:. 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement with a not -to -exceed amount of $50,000.00. 2. The Town of Los Altos Hills hereby approves the Agreement and the City Manager is hereby authorized on behalf of the Town to execute the agreement between the Town of Los Altos Hills and James G. Boyle. PASSED AND ADOPTED this () day o t,44 A.v 2007. By: J Mayor ATTEST City Clerk(�j K_1 AGREEMENT BY THIS AGREEMENT made and entered into on the 8.h day of February, 2007 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as TOWN) and JAMES G. BOYLE at 1349 Claudia Avenue, San Mateo, CA 94403 (hereinafter referred to as CONSULTANT). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONSULTANT. Shall provide or furnish the following specified services and/or materials: Field inspection services for Site Development Projects; a not -to -exceed amount of $50,000.00. 2. TERMS. The services and/or materials furnished under this Agreement shall commence by February 12, 2007, and shall continue on a month to month basis unless terminated by either party upon seven (7). days writtennotice. 3. . COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONSULTANT: $75.00 per hour b. No costs of CONSULTANT shall be reimbursed by the Town. 4. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONSULTANT 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 CONSULTANT under this Agreement. With regard to CONSULTANT'S work product, CONSULTANT agrees to indemnify, defend and hold harmless the TOWN, its officers,. agents -and employees from any, and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONSULTANT under this Agreement. b. 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. C. INTEREST OF CONSULTANT. 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 CONSULTANT shall be deemed to be an independent CONSULTANT and CONSULTANT isnot authorized to bind the TOWN to any contracts or other obligations. In executing this agreement, CONSULTANT certifies that no one who has or will have any financial interest under this agreement is an officer or employee of TOWN. d. 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. e. TERMINATION. This agreement may be terminated by. TOWN upon seven (7) days written notice to CONSULTANT. Monies then owing based upon work satisfactorily accomplished shall be paid to CONSULTANT.. 5. INVOICING. Send all invoices to.the 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 and representative for TOWN: CONSULTANT: - Henry. W. Louie Director of Public Works/City Engineer Town Hall By:. 26379 Fremont Road Name Los Altos Hills, CA 94022 Social Security (SSN) or Federal Employee Identification (FEIN) Number:54-5-60^7O r.6 TOWN OF LOS ALTOS HILLS By: City Manager