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HomeMy WebLinkAbout1996-192 I RESOLUTION NO. 96-192 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE 3 CITY OF SAN BERNARDINO AND TECHNICAL APPLICATIONS FOR THE FURNISHING AND DELIVERY OF REROOFING OF AREA 3 AT THE CAROUSEL MALL; AND 4 REPEALING RESOLUTION NO. 96-24. 5 NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS 6 FOLLOWS: 7 SECTION 1. That Resolution Number 96-24 authorizing the 8 execution of an agreement with Bryant Universal for the furnishing. 9 and delivery of the reroofing of Area 3 at the Carousel Mall be 10 repealed. II SECTION 2. That Technical Applications is the lowest and 12 best responsible bidder for the furnishing and delivery of the 13 reroofing of Area 3 at the Carousel Mall, in accordance with Bid 14 specification F-96-17 for the total amount of $50,000.00; and all 15 other quotations therefore are hereby rejected. 16 SECTION 3. That the Mayor of the City of San Bernardino 17 is hereby authorized and directed to execute on behalf of the City 18 of San Bernardino an agreement with Technical Applications for 19 reroofing of Area 3 at the Carousel Mall, inaccordance with Bid 20 specification F-96-17 for the total amount of $50,000.00. 21 SECTION 4. The authorization to execute the above 22 agreement is rescinded if it is not signed within sixty (60) days of 23 the passage of this resolution. 24 II 25 II 26 II 27 II 28 II III" 's 96-1921 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE 2 CITY OF SAN BERNARDINO AND TECHNICAL APPLICATIONS FOR THE FURNISHING AND DELIVERY OR REROOFING OF AREA 3 AT THE CAROUSEL MALL; AND 3 REPEALING RESOLUTION NO. 96-24. 4 I HEREBY CERTIFY that the foregoing Resolution was duly 5 adopted by the Mayor and Common Council of the City of San 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 7 Bernardino at the regular meeting thereof, held on the 1st day of July , 1996, by the following 8 vote, to wit: Council Members: AYES NEGRETE X CURLIN X ARIAS X OBERHELMAN X DEVLIN X ANDERSON X MILLER of The foregoing resolution is July , 1996. Approved as to form and legal content: JAMES F. PENMAN City Attorney ~~ NAYS ABSTAIN ABSENT X ~-~ hereby approved this sl:f.. day ~ J11J.~"~ , - Tom Minor, Mayor City of San Bernardino RES ?6-1?2 96-,192 ( ( , SBRVICBS AGRBBMBNT THIS AGRBBM 19~ between the CITY OF S day of :J::q ("CONTRACTOR") , and WITNBSSBTH: A. WHEREAS, CITY has need for re-roofing services within the CITY and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR,h~s provided the lowest responsible bid for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish re-roofing services to CITY in accordance with Bid Specifications F-~~-17. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F-96-17 Bidder's Proposal and statement. 3. CONTRACTOR shall provide the Facilities Management 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 Agreement shall be one (1) year from the date first above shown. S. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expenses (including, without limitation, reasonable costs of defence) arising out of or related to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where 1 4 RES 96-192 . . ( injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. While not restricting or 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 $1,000,000.00 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 Facilities Management Department, but for all intents and purposes contractor shall be an independent contractor and not an agent ~r 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 be deposited with the United states Postal Service, postage prepaid and addressed as follows: TO THE CITY: James Sharer, Director Facilities Management Department 300 North "0" Street San Bernardino, CA 92418 TO THE CONTRACTOR: 2 4- RES 96-192 ( ( . " Nothinq in this paragraph shall be construed to prevent the qivinq ot notice by personal service. ZN WZTNESS WBBREOP, the parties hereto have executed this Agreement on the day and date first above shown. Date: ..- ~ J.gnature .. .. ......... ..' ..... .. .. .... CITY OF SAN BERNARDINO Date: 7 - 3D-96 ay: P. Murphy, asing Manager of San Bernardino ATTEST': Ra~~ ~ City Clerk Approved as to form and legal content: James F. Penman, city Attorney By: 3 4