HomeMy WebLinkAbout1997-212
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RESOLUTION NO.
97-2l2
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-
3 210 BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC.
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION l. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a second
8 extension to the agreement with H & H Citrus, Inc., relating to
9 weed abatement services of vacant properties.
10 SECTION 2. The term of the second extension is July 1, 1997
11 to June 30, 1998.
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.97-212
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-
210 BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC.,
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
5 joint regular
Bernardino at a meeting thereof, held on the
6 7th
day of July , 1997 by the following vote,
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to wit:
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Councilmembers AYES NAYS ABSTAIN ABSENT
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NEGRETE x
10 x
CURLIN
11 x
ARIAS
12 x
OBERHELMAN
13 x
DEVLIN
14 x
ANDERSON
15 x
MILLER
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a~~
~achel Clark, City
Clerk
JJl!L.
this day of
foregoing
The
July
resolution
, 1997.
is hereby approved
~~~
Tom Minor, Mayor
CITY OF SAN BERNARDINO
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Approved as to form
23 and legal content:
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JAMES F. PENMAN
City Attorney
:: BYr~ '}. t~~,
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97-212
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2 SECOND EXTENSION TO AGREEMENT
3 THIS SECOND EXTENSION to the AGREEMENT is entered into between
4 H & H CITRUS ( "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 96-01 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
97-2l2
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injury , death or damage to property or a property or business or
personal interest, arising from any negligent act or omission by
contractor while performing services under this Agreement.
6. While not restricting of limiting the foregoing, during
5 the term of this Agreement, contractor shall maintain in effect
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policies of comprehensive public, general and automobile liability
insurance, in the amount of $1,000,000 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:
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TO THE CITY:
Bill Skiles, Manager
Code Compliance Division
300 North "D" Street
San Bernardino, CA 92418
TO THE CONTRACTOR
Chuck Hills, Co-Partner
H & H Citrus, Inc.
P.O. Box 195
Mentone, CA 92359
97-2l2
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.
5 712-~/:rl
6 Date: By: ~~rJ1!:
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9 CITY OF SAN BERNARDINO
/~>>d~#~
1-10-97 ~
10 Date: By:
. Tom Minor, Mayor '
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~ST: (1 A J
~J ~L-
Rac 1 Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City At orney
f)
_ f/",
By: