HomeMy WebLinkAbout1993-339
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RESOLUTION NO. 93-339
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
3 DARREL BARBARICK/D&J DISCING RELATING TO DISCING OF VACANT
PROPERTIES FOR WEED ABATEMENT PURPOSES.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute, on behalf of said City, an agreement between the City of
8 San Bernardino and Darre1 Barbarick/D&J Discing, relating to
9 discing of vacant 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referenced Agreement is rescinded if the parties to the Agreement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 this
Resolution.
I HEREBY CERTIFY that the foregoing Resolution was duly
15 adopted by the Mayor and Common Council of the City of
San Bernardino at a
rpqnlRr
meeting thereof, held on the
7th day of September
, 1993, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
y
CURLIN
y
HERNANDEZ
y
OBERHELMAN
v
OFFICE VACANT
POPE-LUDLAM
x
MILLER
x
~~
City lerk
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August 30. 1993
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~n
93-339 !
.. ,
RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND DARREL BARBARICK/D&J
DISCING RELATING TO DISCING OF VACANT PROPERTIES FOR WEED
ABATEMENT PURPOSES.
The foregoing Resolution is hereby approved this \ ul.\\ day
of Seotember
, 1993.
-T(nVi } t~h~
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~~f jJ~
DA.B/js [DJ.Res]
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August 30, 1993
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,
Res. 93~339
~3_339
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AGREEMENT
THIS AGREEMENT is entered into as of this ~ ~ , day
of O<:'\-r-.:n""~ 1993, by and between DARREL BARBARICK/D & J
DISCING ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for discing of vacant properties
within the CITY for weed abatement purposes; 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 weed abatement services to CITY
in accordance with Bid Specification F-94-03 for the parcel books
shown on Exhibit "B" attached hereto and incorporated herein.
2. Over the term of this Agreement, CONTRACTOR shall be
paid for such services a total amount not to exceed $150,000.00
determined in accordance with the fee schedule shown on Exhibit
"A" attached hereto and incorporated herein.
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.
5. CONTRACTOR agrees to defend, indemnify, save and hold
CITY, its officers, agents and employees harmless from any cliams
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93-339
1 or suits that may be brought by third persons on account of
2 personal inj ury, death or damage to property, or a property or
3 business or personal interest, arising from any negligent act or
4 omission by contractor while performing services under this
5 Agreement.
6 6. While not restricting or limiting the foregoing, during
7 the term of this Agreement, contractor shall maintain in effect
8 policies of comprehensive public, general and automobile liability
9 insurance, in the amount of $1,000,000.00 combined single limit,
10 and statutory workers' compensation coverage, and shall file
11 copies of said policies with the CITY'S Risk Manager prior to
12 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 rece, 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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
TO THE CONTRACTOR:
Darrel Barbarick/D & J Discing
40675 Norm Road
Beaumont, CA 92223
III
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93-339
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.
CITY OF SAN BERNARDINO
~ 1 (
By. / fYTl''-- ) ILv.4:f'.-
T6m Minor, Mayor
ATTEST:
D & J DI ING
Rf?:~k~rk
By:
Approved as to form
and legal content:
JAMES F. PENMAN,
Cit Attorney
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t- i~.~
J
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August 30. 1993