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HomeMy WebLinkAbout1997-211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-211 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95- 211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a second extension to the agreement with Darell Barbarick, relating to weed abatement services of vacant properties. SECTION 2. The term of the second extension is July l, 1997 to June 30, 1998. / / / / / / / / / / / / / / / / City A torney 25 26 27 28 97-211. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95- 2 211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular day of 12 13 14 15 16 17 18 19 20 21 22 OBERHELMAN DEVLIN ANDERSON MILLER The July foregoing Approved as to form 23 and legal content: 24 25 26 27 28 JAMES F. PENMAN City A torney meeting thereof, held on the July , 1997 by the following vote, AYES NAYS ABSTAIN ABSENT x x x x x x x ~tcJLLL U-tcA/fc Rachel Clark, City Clerk ,j / tJ f7). this day of resolution is hereby approved , 1997. -Jon1 ~~ Tom Minor, Mayor CITY OF SAN BERNARDINO i! 97-211 . Exhibit - 2 C I T Y o F San Bernardino CODE COMPLIANCE DIVISION BILL SKILES MANAGER May 23, 1997 Darell W. Barbarick 16643 Slover Ave. Fontana, CA 92337 SUBJECT: WEED ABATEMENT CONTRACT EXTENSION Dear Mr. Barbarick: The City of San Bernardino Code Compliance Division is exercising our option to extend your current Contract Agreement, adopted under Resolution No. 95-211, for a period of one year from July l, 1997 to June 30, 1998. If you agree to extend the agreement to provide services as described in Bid Spec. F-96-01 for said additional periods with no increase in price, please provide written acceptance of the proposal to extend. Direct your response to the attention of Bill Skiles, Code Compliance Manager. Feel free to call me if you have questions or concerns. I look forward to another year of cooperative efforts between Code Compliance Division and your company. Bill Skiles Manager 3QQ NORTH O' STREET. SAN BERNARDINO. C A L I FOR N I A 9 2 .. 1 8 . 0 DOl (.0.) 3 I 4 _ 5 2 0 5 MAY~30-97 08:1~ p~ 91-211 P".l'l Exhibit -' 3 01 ~~ J 1/1,f..ff ~ J~kr~""~ ~.-k/~ /-'(,17(, r~ ~7~ r H ( /rr1 ~ ~ f~ /'1?S', ~ ~. r)-~II 1J17/ IJ L/_ 97-211 1 2 SECOND EXTENSION TO AGREEMENT 3 THIS SECOND EXTENSION to the AGREEMENT is entered into between 4 Darell W. Barbarick ("CONTRACTOR") and the CITY OF SAN BERNARDINO 5 ("CITY"). 6 WITNESSETH: 7 A. WHEREAS, CITY has need for annual weed abatement service 8 within the City and, 9 B. WHEREAS, CONTRACTOR is competent, experienced and able to 10 perform said services, and 11 C. WHEREAS, CONTRACTOR has provided the lowest responsible 12 bid for the providing of such services, 13 NOW THEREFORE, the parties hereto agree as follows: 14 1. CONTRACTOR shall furnish annual weed abatement service to 15 the CITY in accordance with Bid specifications F-96-01. 16 2. Over the term of this Agreement, CONTRACTOR shall be paid 17 for such services an amount in accordance with Bid Specification F- 18 96-0l Bidder's Proposal and Statement. 19 3. CONTRACTOR shall provide the Public Services Department 20 with a monthly invoice in arrears and shall be provided payment 21 within thirty (30) days therefrom. CITY retains the right to 22 challenge all or any part of an invoice. 23 4. The term of this Second Extension Agreement shall be one 24 (l) year, from July 1, 1997 to June 30, 1998, which is the second 25 year of the original agreement. 26 5. CONTRACTOR agrees to defend, indemnify, save and hold 27 CITY, its officer, agents and employees harmless from any claims or 28 suits that may be brought by third persons on account of personal 97-211 1 injury, death or damage to property or a property or business or 2 personal interest, arising from any negligent act or omission by 3 contractor while performing services under this Agreement. 4 6. While not restricting of limiting the foregoing, during 5 the term of this Agreement, contractor shall maintain in effect 6 7 8 9 10 11 policies of comprehensive public, general and automobile liability insurance, in the amount of $l,OOO,OOO combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. 7. CONTRACTOR shall perform work tasks as directed by the 12 Public Services Department, but for all intents and purposes 13 CONTRACTOR shall be an independent contractor and not an agent or 14 employee of the CITY. 15 8. In the performance of this Agreement and in the hiring and 16 recruitment of employees, contractor shall not discriminate on the 17 basis of race, creed, color, religion, sex, physical handicap, 18 ethnic background or country of origin. 19 9. Any notice to be given pursuant to this Agreement shall be 20 deposited with the United States Postal Service, postage prepaid 21 and addressed as follows: 22 23 24 25 26 27 28 Bill Skiles, Manager Code Compliance Division 300 North "D" Street San Bernardino, CA 92418 TO THE CITY: TO THE CONTRACTOR Darell W. Barbarick l6643 Slover Ave. Fontana, CA 92337 6 Date: 7 8 9 10 Date: 97-211 1 Nothing in this paragraph shall be construed to prevent the 2 giving of notice by personal service. 3 IN WITNESS WHEREOF, the parties hereto have executed this 4 Second Extension Agreement on the day and date first above shown. 5 ? - 2(J- 91 B~arell W. Barbarick kd'~. ~~ Signature 7~/Or(17 CITY OF SAN BERNARDINO ~' 'l)z By: / r'J7rl ~ tA1A 'Tom Minor, Mayor 11 12 A~, ST: Ii A . t.. , ~ IJ....tvt.AL 13 Rae 1 Clark, City Clerk 14 Approved as to form and legal content: 15 James 16 City 17 By: 18 19 20 21 22 23 24 25 26 27 28