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HomeMy WebLinkAboutAgr 2004-03-03 (Bel-Tib Library Agency) AGREEMENT BETWEEN THE TOWN OF TIBURON AND THE BELVEDERE - TIBURON LIBRARY AGENCY, FOR THE PROVISION OF LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT, made and entered the 3rd day of March 2004, by and between the TOWN OF TffiURON, a municipal corporation in the State of California, ("Town") and the Belvedere - Tiburon Library Agency, a Joint Powers Authority, ("Agency") RECIT ALS A. The Town employs an Assistant Superintendent of Public Works and several Maintenance Workers ("Landscape Maintenance Staff') who are skilled in the use and maintenance of landscapes. The Town employs the Landscape Maintenance Staff as full time employees (i.e., for 40 hours per week). B. Agency requires landscape maintenance services on a regular basis for approximately three hours per week. The Town has been providing landscape maintenance services for the Agency for several years and has found that it has the ability to provide the adequate landscape maintenance services desired by the Agency. The Town is willing to continue providing landscape maintenance services to Agency as set forth herein. AGREEMENT 1. Scope of Services. The Town shall provide landscape maintenance services to Agency as set forth in this attached Statement of Services ("Services"). The Town Manager may, at hislher sole discretion provide additional hours of Landscape Maintenance Staff s time at the Agency's request. In the event that Agency requests particular landscape maintenance services that are outside the Town's landscape maintenance staffs expertise, the Town Manager shall so advise Agency as soon as practicable. 2. Compensation. Agency shall pay Town six-hundred and fifty dollars ($650.00) per month for the Services ("Monthly Rate"), plus the actual cost of materials used in providing said services. Any additional landscape maintenance services other than those specified in the scope of services will be billed at forty-eight dollars and eighty cents ($48.80) per hour ("Hourly Rate"). The Town may increase the MonthlY,Rate and/or the Hourly Rate after giving Agency 30 days prior written notice. Town shall send invoices to agency quarterly (i.e., every three months) for amounts owing under this Agreement, which Agency will pay within ten days of receipt. 3. Leave. As employees of the Town, individual Landscape Maintenance Staffmembers are entitled to leave due to sickness, vacation and other bases authorized under federal, state and local law and the Town's personnel rules, regulations, and policies as they may be amended from time to time. During such periods of leave, the Town will still provide the agreed upon services with other Landscape Maintenance Staff. 4~ 4. Immunitv: Other Defenses. In providing services under this Agreement, the Town's Landscape Maintenance Staff shall be acting on behalf of the Agency. Therefore, with respect to claims that may arise from the Landscape Maintenance Staff s services, the Town and Landscape Maintenance Staff shall be entitled to assert any immunities or similar defenses that would be available to the Agency and any in-house Agency employee in defense of a similar action. 5. Termination of Contract. Either party may terminate this Agreement immediately for cause. "Cause" shall include, without limitation, the loss of vital Town Public Works Staff separation from emploYment with the Town. Either party may terminate this Agreement without cause upon 10 days written notice of termination to the other party. In the event of termination, the Town shall deliver to the Agency any unused materials purchased by the Agency, and/or reports pertaining to the Services. The Town shall be entitled to receive just and equitable compensation for all work performed prior to the effective date of the termination. Notwithstanding the forgoing, if at the time of termination, the Town's Landscape Maintenance Staff is working on an uncompleted project for Agency, the Agency shall have the option of having the Town's Landscape Maintenance Staff complete the project, payable at the Hourly Rate, providing that such completion requires no more than five hours of work after the effective date of termination. In the event the project requires more than five hours to complete, the Director of Agency and manager of Town will negotiate some accommodation that allows Agency to realize the benefit of services for which Agency has already paid or is obliged to pay. 6. Mediation. The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute. 7. Miscellaneous. A. Governing Law. The laws of the State of California shall govern this Agreement. B. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. C. Successors in Interest: Assignment. The Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. D. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their dully authorized representatives to execute this Agreement the day and year above written. BELVEDERE - TffiURON LffiRARY AGENCY r-' ~. B~: JJ~ ro c.1 L___' DEBORAH MAZZOLINI rector By: ALEXD. APPROVED AS TO FORM: ~ #~ ../ ~R. D~ORTH ' .,/ Town Attorney Library Maintenance Services "Statement of Services" Weeklv Tasks . Pick-up trash . Mow lawn . Weed removal . Remove debris, leaves, etc from patios and porches . Hand water plant containers Monthly Tasks . Prune vines and shrubs . Edge groundcovers . Fertilizer application . Weed spraying . Leaf clean-up in all planters . Check, adjust, repair irrigation system as needed Semi-Annual Tasks . Prune trees . Maj or shrub pruning . Apply pre-emergent herbicide Other Tasks Performed as Required . Assist volunteers with additional planting . Paint stairs in front of Library building as needed . Power wash parking area on brick areas to remove grease and oil . Meet with the Library Director and/or volunteers on special projects