HomeMy WebLinkAboutContract 1640 16/LW
CITY OF CATHEDRAL CITY
LANDSCAPE MAINTENANCE
AGREEMENT
This AGREEMENT is made and entered into this 19th day of February
2016, by and between City of Cathedral City, California, hereafter called "Owner" "City"
or "Agent" and Mariposa Landscapes, Inc.,. hereinafter called "Contractor."
WITNESSETH:
WHEREAS, on December 7, 2015, City invited Proposals for landscape maintenance
services for City-maintained properties known as Landscape Maintenance PW-MFRP-
2015-1 per specifications; and
WHEREAS, pursuant to said invitation, Contractor submitted a Proposal, which was
accepted by City for said services; and
WHEREAS, Contractor has re-examined its Proposal and found it to be correct,
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
TERM. The term of this Agreement shall be from March 2016, through March 2017 or
to such later date as may be agreed in writing between parties. This contract allows
for an option of two one-year contract extensions at the City's option and based on
Contractor's performance and mutual agreement.
CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, City
will pay and Contractor shall receive in full compensation therefor, the total sum of sixty
seven thousand twenty two dollars ($67,022.00)
as set forth in the Contract Documents and adopted by City.
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 Conditions.
HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify,
and hold harmless City of Cathedral City and its officials, employees, 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, and 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 City and
do whatever is necessary to
protect City of Cathedral City and its officials, employees, and agents as to any
such claims, lawsuits, liabilities or damages.
AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing, signed by the Contractor and approved by the City
Council of the City.
To City: To Contractor:
Office of the City Clerk Mariposa Landscapes Inc.
City of Cathedral City 78355 Darby Rd
68-700 Avenida Lalo Guerrero Bermuda Dunes, CA 92203
Cathedral City, CA 92234
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.
AUTHORITY 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 CATHEDRAL CITY
A Municipal Corporation Contractor
.„.a: - --) (j ...)L.-..iL.i .0
STANLEY E. HENRY, M- OR Terry Noriega, resident
CITY OF CATHEDRAL CITY, CALIFORNIA Mariposa Landscapes, Inc.
ATTEST:
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TRACEY R.iMARTI EZ
Jo
DEPUTY CITY CLERK
CITY OF CATHEDRAL CITY, CALIFORNIA
APPROVED AS TO FO •
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ERIC S. VAIL, CITY ATTORNEY
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles _)
On February 26, 2016 before me, D. Jones
(insert name and title of the officer)
personally appeared Terry Noriega
who proved to me on the basis of satisfactory evidence to be the person( )whose name(,$) is/ae
subscribed to the within instrument and acknowledged to me that he/slxe/tbdy executed the same in
his/h f/their authorized capacity(iet), and that by his/11 11thir signature( on the instrument the
person(), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. —__- _-
� � D.JONES
• Commission#2016174
WITNESS my hand and official seal. �: Notary Public-California z
Z VV`# Los Angeles County.
M Comm.E)tres Mar 292017
•
Signature -- (Seal)
CITY NOTARY ACKNOWLEDGMENT
CERTIFICATE OF ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF
THAT DOCUMENT.
State of California }
} SS
County of Riverside }
On AI r -/ /V , 20/ , befor me iCee-4Le, , a
Notary Public, personally appeared AAA-) & Mori r
who proved to me on the basis of satisfactory eidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
. JOSEFINA MEZA
.�"= COMM.X2028915
WITNESS my hand and official seal. �/ NOTARY PUBLIC•CAUFORNRS
y -14v,l RIVERSIDE COUNTY
c.,),24„ CcrtrniSSiOn JULY 10,2017
Sig nat a / vt��-- (Seal)