HomeMy WebLinkAboutC25540 - Hort Tech, Inc. CONTRACT NO. C25540
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 14�h day of
Septernber, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Hort Tech, Inc., referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on August 2, 2006, the CITY invited bids for landscape maintenance
services for City maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligatians, and
covenants hereinafter contained, the parties hereto agree as follows:
(1} TERM. The term of this Agreement shall be from October 1, 2006, through
September 30, 20Q7 or to such later date as may be agreed in writing between
parties.
(2) C1TY'S OBLIGATIONS. For furnishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation, therefore
the total sum thirty-nine thousand nine hundred and twelve dollars ($39,912.00)
as set forth in the Contract Documents and adopted by the CITY.
(3) CONTRACTOR'S OBLIGATION For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by CITY,
�CONTRACTOR agrees with CITY to furnish the services and to do everything
required by this Agreement and the Specific Terms and Conditians.
(4} HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Palm Desert, its officials,
officers, employees, representatives, and agents from and against all claims
lawsuits, liabilities or damages of whatsoever nature arising out of our connection
with, or relating in any manner to, any act or omission of CONTRACTOR, his
agents, employees, subcontractors and employees thereof in connection with,
the performance or non- performance of this Agreement. The CONTRACTOR
shall thoroughly investigate any and all claims and indemnify the CITY and do
whatever is necessary to protect the City of Palm Desert, its official, officers,
employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
(5} AMENDMENTS. Any amendment, rnodification, or variation from the terms of
this Agreement shall be in writing, signed by the CONTRACTOR and apprvved
by the City Council of the CITY.
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CONTRACT NO. C25540
{6) TERMINATION. If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained
herein, CITY may notify CONTRACTOR in writing of such defect or failure to
perForm; which notice must give CONTRACTOR a three-day notice of time
thereafter in which to perform said work or cure the deficiency. If CONTRACTOR
fails to perform said work or cure the deficiency within the three (3) days
specified in the notice, such shall constitute a breach af this Agreement and CITY
may terminate this Agreement immediately by written notice to CONTRACTOR •
to said effect. Thereafter, except as ofherwise set forth herein, neither party shal!
have any further duties, obligations, respansibilities, or rights under this
Agreement except, however, any and all obligation of CONTRACTOR's surety
shalf remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the termination hereof. In said event, CONTRACTOR
shall be entitled to the reasonable value of its services performed from the
beginning of the period in which the breach occurs up to the day it received
CITY's Notice of Termination, minus any offset from such payment representing
the CITY's damages from such breach. CITY reserves the right to delay any such
payment until completion of confirmed abandonment of the project, as may be
determined In the CITY's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall CONTRACTOR be entitled to
receive in excess of the compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any
reason.
(7) fNCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and
Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid
Submission Form(s), Addendum Nos. 1 ; Change Orders; additional or
supplemental specifications, drawing, maps or diagrams; and CITY issued forms
relating to this project, are hereby incorporated in and made a part of this
Agreement.
{8) COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shafl be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
(9} ANTI-DISCRIMINATIDN. In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors
as it may employ, to engage in discrimination in employment of any person
because of the age, race, color, sex, national origin or ancestry, or religion of
such persons. Violation of this provision may result in the imposition of penalties
referred to in Labor Code Section 1735.
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CONTRACT NO. C25540
(10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and
other written material used by CONTRACTOR in preparing its statements to
CITY as a condition precedent to any payment to CONTRACTOR.
(11) NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(12) LITIGATION COSTS. In the event an action is filed by either party to enforce any
rights or obligations under this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and court costs, in addition to any other relief
granted by the court.
(13) AUTHORtTY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do
warrant that each individual executing this Agreement on behalf of each party is
a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DES T
A M � ' I or ion HORT TECH, INC.
JIM FER U N, MAYOR {Signature to be notarized)
ATTEST: APPR�V T C�NTENT:
RAC ELLE D. KLASSEN, CITY CLERK MARK GR E 4D, P .E.
CITY �F PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS
D AS TO F�RM:
VfD J ERW N, CITY ATTORNEY
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss.
County of �vts�si/�-�
On �l�� y�� , before me, l/i ��,� �,e�e U�C'e-- ,
Dafe �ame and Ti1le o(Ofiiear(e.g_'Jana Ooe.Notary Publ�c'�
personally appeared �i.���yj ��A z �..�.�co�� ,
Name(s)d Slgner(s)
C�personally known to me
Ln-proved to me on the basis of satisfactary evidence
to be the person(s)whose name{s) is/are subscribed
to the within instrument and acknowledged to me that
���E he/she/they executed the same in his/her/their
������ authorized capacity(ies), and that by his/her/their
�Y���c°MOR�O signature(s) on the instrument the person(s), or the
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�c�,����jp, entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and icial seal.
Pinco NoWry Scal Abovo �I � �
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SignaNre d Motary PuWk
OPTIONAL
Though!he in/ormafion below is not required by law,if may prove valuable to persons relying on the document
and could prtsvenf fraudulent iemova!and�eattschment of lhis lorm to anofher document.
Description of Attached Document
Title or Type of Document:
Qocument Date: Number of Pages:
Slgner(s) Other Than Named Above: __ _.
Capacity(ies)Claimed by Signer(s)
Signer's Name: Slgner's Name: .
O Irtdividual O Individual
❑ Corporate Officer—Title(s}: ❑ Corporate Officer—Title(s):
f-' Partner—U Limited ❑General �• ❑ Partner—O Limited ❑Gene�al
❑ Attorne in Fact � � ❑ Attorne in Fact ' . .
Y Top of Uwmb Iwre y Top of Ihumo�CrO
O Trustee ❑ Trustee
❑ Guardian or Conservator G Guardian or Conservator
I:J Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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