HomeMy WebLinkAbout1995-190
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95-190
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
MONTGOMERY KONE RELATING TO THE SERVICE OF ELEVATORS AND
4 ESCALATORS IN CITY BUILDINGS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO A FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
execute, on behalf of said City, an agreement between the City of
San Bernardino and Montgomery Kone, relating to service of
elevators and escalators in city buildings.
SECTION 2. The authorization to execute the above
referenced Agreement is rescinded if the parties to the Agreement
fail to execute it within sixty (60) days of the passage of this
Resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common council of the city of San
regular
meeting thereof, held on the
Bernardino at a
June
, 199~, by
day of
19th
the following vote, to wit:
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May 15, 1995
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MONTGOMERY
2 KONE RELATING TO THE SERVICE OF ELEVATORS AND ESCALATORS IN CITY
BUILDINGS.
Council Members: AYES NAYS
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
ABSTAIN
ABSENT
~'~k.l, CfAL?/L
city Clerk
The foregoing resolution is hereby approved this cJ-t? Ii
day of June , 1995 .
:BJrcL~h~~
David Oberhelman, Mayor Pro Tern
city of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
By: L1-.b~
()
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May 15, 1995
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SERVICES AGREEMENT
THIS AGREEMENT is entered into betweennn;i&iwligr~;m
.:.;.:.:.:~.:.:.:.:.~:~..,'
Kane, Inc.
",. n;lN~w'jjHl~.$nl;nnm;F;rIF In ("CONTRACTOR") and the CITY OF SAN
BERNARDtNO( "CITY"} ; "
WITNESSETH:
A. WHEREAS, CITY has need for Annual Maintenance of City
Elevators and Escalators 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 Maintenance of City
Elevators and Escalators to the CITY in accordance with Bid
Specifications F-95-25.
2. Over the term of this Agreement, CONTRACTOR shall be paid
for such services an amount in accordance with Bid Spec~fication
F-95-25 Bidder's Proposal and Statement.
3. CONTRACTOR shall provide the Facilities Management 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.
5. CONTRACTOR agrees to defend, indemnify, save and hold
CITY, its officer, agents and employees harmless form any claims or
suits that may be brought by third persons on account of personal
injury, death or damage to property or a property or business or
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personal interest, arising from any negligent act or omission by
contractor while performing services under this Agreement.
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, but for all intents and purposes 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 be
deposited with the united States Postal Service, postage prepaid
and addressed as follows:
TO THE CITY:
Facilities Management
Jim Sharer, Director
300 North "0" Street
San Bernardino, CA 92418
TO THE CONTRACTOR:
iM8:REgffiil@EWtKtdKit;;!iiWMiHMiiUHMm;;mn;M;
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Montgomery Kane, Inc.
1485 Spruce Street, IE
Riverside, CA 92507
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Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
May 4, 1995
Date: 11Wi.Xml~1fll#~'~~1
Montgomery Kone, Inc.
By ::~~~~La!!'~t~~fi~ijji~t
~.i~i1~i
,~,:.:.:.:.:.:.;.:.:.:.:.:.:. ....
Date:
June 23, 1995
By:
CITY OF SAN BERNARDINO
'~t~~f~~
Finance-Director
City of San Bernardino
ATTEST:
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Rachel Clark, city Clerk
Approved as to form
and legal content:
James F. Penman,
city Attorney
BY? 1
Pe~
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