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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. 3 4 5 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. 9 10 11 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 The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of is Resolution. 12 I HEREBY CERTIFY that the foregoing Resolution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 14 15 16 ~.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 24 25 26 27 28 06-30-94 AYES NAYS x x x x x x ABSTAIN ABSENT Ca~ ~ -l- . . 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. 3 4 of 5 The foregoing Resolution is hereby approved this 20th day July , 1994. 6 7 ~~')1~ Tom Minor, Mayor City of San Bernardino 8 Approved as to form 9 and legal content: 10 11 12 13 JAMES F. PENMAN, City Attorney By: /()t~& ./ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06-30-94 -2- . 94-192 . AGREEMENT THIS AGREEMENT is entered into between (A)r~~Q~~mttz;;r ..............~...............)if............ ... ....... 71/I!! . it!"'......." ....................... }}, .)::}:-,:'" ./: ;::;/.' . .,;:'"' "::J:::::J:::::::~::' ,.:::=:}:::::::::::}:/::}:}:/ 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 1 . 94-192 . 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 'i...... ............I...I.............................i......................... _'_'_","_'_"_" n. ......,. ...... . "'_' .......... ..................... ......._. .,.,.:.,.,. ,.;"".' :::' .:: ..;,,0,:,:,::.:" _': _': ,:::" ....::,: _...... ... :':::',:,:,:...../ _'::':';:::::':::::'::::::::::::::"':'::,':':'::::::,::':',':'::,:::,:;:::::,::: :::;:::::.._":::,:::"-'.~;::>:,.:::::~:;.::::.,-.:'.:.::::;.:.::~:::;...:.:...:.,..:?:.:::::,:., .;}=r.':=";'::=:::::=:::::>?:::.../" )=:;:If" ../" /f" ..:.., :,:::., . ::;:::~:;:: I........... . _ _._.::..:."....,:..:........ '_ "on:.::,..._....:. . ... . ::":::. 2 . 94-192 . 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. .. /_ t') o-_Ot:. . ... Da te : '::::::::::::::::}::::::):::::8?:::::::::<)::~:!tfJ>::Z:>:~.d):;,:::-:..... ..--,-,_._._,--,-,-",,,,,,...,,,,, ",,,,,,. "~~/.4'~'.@;..'" "./~.<"'_~,., ' k By' (C) '... .,.. '... .'..... ..... ...'. '.... '.to..",.""". .....'..'.. .'.... '.'...'. ',....'..,Ii<Z. .,. ..'..' "'.'............. ,.......... '''''. ...... .. '.i!l..rc.", .. ( /" . "':";-:-"-:::::-:'-:-:>-"::'-:':>:""""',.':-;,..;:,'-,:,.,,:,:.,-....;.<:.<-...,:-.;,;:,:-,..,,:,-.;" ,,',":::C::"',',' v Business Name . ... ..... . ...........~...,...............,~....',.....,.'.'.......'......',.....'.........................~....,.............,.r.,..,.....,..~..............................,..,................,..............r......'. :::(/ ://,:::::",). '.':'-" ::::::;.::"':;:.:?:)j~gf1\t? ," :-::;:::::::;::(::":: :<::.;>.;:: :::.:::.......;:. :':. :" 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: 3