HomeMy WebLinkAbout1997-297
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RESOLUTION NO. 97-297
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR
OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
4 EXECUTE AN AGREEMENT WITH FLOYD ALLRED RELATING TO THE
FURNISHING OF CARETAKER SERVICES TO BE UTILIZED BY THE PARKS,
5 RECREATION AND COMMUNITY SERVICES DEPARTMENT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor and the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City an Agreement with Floyd Allred relating to the
10 furnishing of Caretaker Services, a copy of which is attached hereto, marked Exhibit" A" and
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incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the agreement is not executed by both parties and returned to the office of
15 the City Clerk within sixty (60) days following the effective date of the resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
17 and Common Council of the City of San Bernardino at a joint regular
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thereof,
meeting
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6th
day of October ,1997.
held on the
by the following vote, to wit:
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IIII
9/11/97
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97-297
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FLOYD ALLRED RELATING TO THE
2 FURNISHING OF CARETAKER SERVICES TO BE UTILIZED BY THE PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT.
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4 COUNCIL MEMBER
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NEGRETE
CURLIN
ARIAS
OBERHELMAN
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DEVLIN
DEAN-ANDERSON
AYES
NAYS
ABSTAIN ABSENT
12 MILLER
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Rac I Clark, CilY Clerk
16 The foregoing resolution is hereby approved this ~day of October ,1997.
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Approved as to form
21 and legal content:
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James F. Penman
23 City ttorney
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~.~
/~ 'PICA
tom Minor, Mayor
City of San Bernardino
?e~
97 297
AGREEMENT FOR CARETAKER SERVICES
!HIS ~<:~EMENT ~otrCare~er Services ("Agreement") is made and entered
mto thlS.r;OI day of f!dtv.-C,,: , 1997, by and between the CITY OF SAN
BERNARDINO ("City") and Llovd Allred, a private contractor, hereinafter
referred to as "Caretaker."
WHEREAS, City desires to retain caretaker for purposes of providing caretaker
services for the City of San Bernardino Community Gardens.
WHEREAS, Caretaker represented to City that Caretaker has the knowledge,
skills, resources and experience qualifying Caretaker to provide services to the
City of San Bernardino Community Gardens.
WHEREAS, based on the representation of Caretaker, City desires to retain
Caretaker's services.
NOW THEREFORE, CITY and CARETAKER mutually agree as follows:
1. CARETAKER'S RESPONSIBILITIES
City hereby retains Caretaker to provide services which shall include but
are not limited to observing and overseeing Community Gardens' premises
and reporting all trespassers and unauthorized personnel, and all property
damage or maintenance problems to the proper authorities. Caretaker shall
remain on premises and provide said service at his discretion.
2. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The services rendered herein shall be rendered by the individual Caretaker
whose experience, knowledge, capability and reputation were a substantial
inducement for City to enter this Agreement. Caretaker shall not
contract with any other entity to perform, in whole or in part, the services
required hereunder without the prior written approval of City. This
Agreement shall not be assigned or transferred by Caretaker without the
prior written consent of the Department Director.
3. COMPENSATION
Caretaker agrees to provide services for the privilege of residing on the
Community Gardens premises and shall receive no other compensation for
services.
E!(HIt3/1 \~A ,.
97 297
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4. INDEPENDENT CONTRACTOR
Caretaker shall perform services as an independent contractor and shall not
be considered an employee of City. This Agreement is not intended to
create the relationship of agent, servant,employee, partnership, joint venture
or association between Caretaker and City.
5. INDEMNIFICATION
Caretaker shall indemnify, defend and hold harmless the city from and
against any and all liability, claims or costs including attorney fees arising
out of or related to the acts omissions of the Caretaker to the extent that
it is obligated to indemnify, defend and hold harmless the employees of
City.
6. INSURANCE
Caretaker shall maintain comprehensive General Liability Insurance as
required herein. Insurance shall be provided by an insurer satisfactory to
City, proof of which shall be delivered to the Department Director within
ten (10) days of the effective date of this Agreement.
General Liability Insurance - Comprehensive General Liability
Insurance with a combine single limit of not less than one million
dollars ($1,000,000) per occurrence. Such insurance shall be
primary and shall not be contributing to any insurance maintained
by City. Caretaker shall name City as an additional insured and
provide for thirty (30) days notice of cancellation.
7. COMPLIANCE WITH LAW
The parties agree to be bound by applicable federal, state and local laws
pertaining to performance of this Agreement.
8. NONDISCRIMINATION
Caretaker shall not discriminate on the basis of race, color, creed, religion,
natural origin, ancestry, sex, marital status or disabilities in the performance
of the Agreement.
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9. SEVERABILITY
In the event that anyone or more of the sentences, clauses, paragraphs or
sections contained herein is declared invalid, void or illegal by a court of
competent jurisdiction the same shall be deemed severable from the
remainder of this Agreement and shall in no way affect, impair or
invalidate any of the remaining phrases, sentences, clauses, paragraphs or
sections contained herein.
10. TERMINATION
This Agreement may be terminated at any time by either party by giving
the other party ten (10) days prior written notice.
11. NOTICE
Notices shall be presented in person, by Certified or Registered United
States Mail with return receipt or by overnight delivery made by a
nationally recognized delivery services. Notice presented by United States
Mail shall be deemed effective the second business day after deposit with
the United States Postal Service. Nothing in this section shall be construed
to prevent giving notice by personal service or by telephonically verified
actual fax transmission which shall be deemed effective upon actual receipt
of such personal service or telephonic verification.
TO CARETAKER: LLOYD ALLRED
SAN BERNARDINO, CA
12. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing between the parties hereto. This Agreement contains the entire
understanding and agreement of the parties and cannot be amended without
the written consent of both parties hereto.
13. AMENDMENT
This Agreement may be amended at any time by a written instrument
signed by both parties. Failure of either party to enforce any provision of
this Agreement shall not constitute a waiver of the right to compel
enforcement of the remaining provisions of this Agreement
97 297
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the day and year first above shown.
BY
LL
9/16/97 tjg
Caretaker Services
THE CITY OF SAN BERNARDINO
BY tL is 1l~
ANNIE RAMOS, DIRECTOR
PARKS, RECREATION AND
COMMUNITY SERVICES