HomeMy WebLinkAbout1994-192
RESOLUTION NO.
94-192
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
2 DARREL BARBARICK RELATING TO DISCING OF VACANT PROPERTIES FOR WEED
ABATEMENT PURPOSES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed to
6 execute, on behalf of said City, an agreement between the City of
7 San Bernardino and Darrel Barbarick, relating to discing of vacant
8 properties for weed abatement purposes.
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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Agreement is rescinded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 is Resolution.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted
13 by the Mayor and Common Council of the City of San Bernardino at a
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~.egular
18th
day of
July
meeting thereof, held on the
1994, by the following vote, to-wit:
17 Council Members:
18 NEGRETE
19 CURLIN
20 HERNANDEZ
21 OBERHELMAN
22 DEVLIN
23 MILLER
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28 06-30-94
AYES NAYS
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ABSTAIN
ABSENT
Ca~
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94-192
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEE
2 THE CITY OF SAN BERNARDINO AND DARREL BARBARICK. RELATING TO DISCIN
OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES.
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4 of
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The foregoing Resolution is hereby approved this
20th
day
July
, 1994.
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7
~~')1~
Tom Minor, Mayor
City of San Bernardino
8 Approved as to form
9 and legal content:
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13
JAMES F. PENMAN,
City Attorney
By: /()t~&
./
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28 06-30-94
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94-192
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AGREEMENT
THIS AGREEMENT is entered into between (A)r~~Q~~mttz;;r
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B ARDINO.T"CITY");
}".'."..".("CONTRACTOR") and the CITY OF SAN
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-95-01.
2. Over the term of this Agreement, CONTRACTOR shall be paid
for such services an amount in accordance with Bid Specification
F-95-01 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 Agreement shall be one (1) year from the
date first above shown.
s. 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
personal interest, arising from any negligent act or omission by
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94-192
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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
Public Services Department, 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:
Pat Malloy, Director
300 North "D" street
San Bernardino, CA 92418
TO THE CONTRACTOR:
(B)lWIIMI:1I
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94-192
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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.
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Signature .. ..... ... ..... .... ............ ..... .. ..
Date:
JUL 2'0 1994
CITY OF SAN BERNARDINO
~;/A "
By: /~ ~
/Tom Mino , Mayor
City of San Bernardino
A~/. ~
Rach Clark, City Clerk
Approved as to form
and legal content:
James
city
Ie,
By:
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