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HomeMy WebLinkAbout1996-160 1 2 3 4 5 6 7 96-160 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FIRST 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. 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 first 8 extension to the agreement with H & H Citrus, Inc, relating to 9 weed abatement services of vacant properties. 10 11 SECTION 2. The term of the first extension is July 1, 1996 12 to June 30, 1997. 13 I 14 I 15 I 16 I 17 I 18 I 19 I 20 I 21 I 22 I 23 / 24 I 25 I 26 I 27 5 I 96 28 RES 96-160 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FIRST 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 Bernardino at a regular adopted by the Mayor and Common Council of the City of San 17th day of meeting thereof, held on the June , 1996, by the following vote, to AYES NAYS x x x x x x x resolution is hereby approved this , 1996. ~/u~ Tom Minor, Mayor CITY OF SAN BERNARDINO wit: Councilmembers NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER The foregoing day of June Approved as to form and legal content: JAMES F. PENMAN City J\ttorney . By: iA}N>()11~ 5/9J ABSTAIN ABSENT ~la~lerk ;rfl RES 96- 1(iO 96-160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 J9 20 21 22 23 24 25 26 27 28 FIRST EXTENSION TO AGREEMENT THIS FIRST EXTENSION to the AGREEMENT is entered into between H & H CITRUS, INC. ("CONTRACTOR") and the CITY OF SAN BERNARADINO ("CITY") . WITNESSETH: A. WHEREAS, CITY has need for annual weed abatement service within the CITY and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services, and C. WHEREAS, CONTRACTOR has provided the lowest responsible bid for the providing of such services, NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish annual weed abatement service to the CITY in accordance with Bid specifications F-96-01. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F-96-01 Bidder's Proposal and Statement. 3. CONTRACTOR shall provide the Public Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The term of this First Extension Agreement shall be one (1) year, from July 1, 1996 to June 30, 1997, which is the second year of the original agreement. 5. CONTRACTOR agrees to defend, indemnify, save and hold CITY, its officer, agents and employees harmless from any claims or suits that my be brought by third persons on account of RES 96-160 1 personal injury, death or damage to property or a property or .2 business or personal interest, arising from any negligent act or 3 omission by contractor while performing services under this 4 5 6 7 8 9 10 11 12 Agreement. 6. While not restricting of limiting the foregoing, during the term of this Agreement, contractor shall maintain in effect 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 13 Public Services. DepaJ~tment, but for all intents and purposes 14 15 16 17 18 19 20 CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall 21 be deposited with the United States Postal 22 prepaid and addressed as follows: Service, postage 23 24 25 26 27 28 TO THE CITY: James R. Howell, Director Public Services Department 300 North "D" Street San Bernaradino, CA 92418 TO THE CONTRACTOR: Chuck Hills, Co-Partner H & H Citrus, Inc. P. O. Box 195 Mentone, CA 92359 RES 96-160 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 First Extension Agreement on the day and date first above shown. 5 6 Date: 7 8 9 10 Date: 11 12 7.11~9h 1//&/110 I r ATTEST: fi~' ~i~y Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: James F. Penman City A torney By: .A. '" ? (Ie~w.,-, o By: H & H Citrus, Inc. ~ fltM Signature: Chuck Hills CITY OF SAN ~DINO B~/1 l.{,{<..A ~om Minor, Mayor