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HomeMy WebLinkAbout1993-340 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 93-340 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 H&H ENTERPRISES, 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 H&H Enterprises, relating to discing of vacant 9 10 11 12 13 14 properties for weed abatement purposes. 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 The authorization to execute the above- referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution.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 rp:oll1ar meeting thereof, held on the 7th day of September , 1993, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x OFFICE VACANT POPE-LUDLAM x MILLER x C~~ DAB/js [H&H.Res] 1 August 31, 1993 93-340 1 2 3 i 5 6 7 8 9 10 11 12 13 11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND H&H ENTERPRISES, RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES. The foregoing Resolution is hereby approved this IDth day of Sept:pmher _ "-- , 1993. --;('l11l~L~C'-- Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ,/r: ,""" -; ,. DAB/J_ [H&H.Re_] 2 August 31. 1993 93-340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Res 93-340 AGREEMENT THIS AGREEMENT is entered into as of this '6 V\1.) day of f) t:' ':: ;:,\-)~, 0- 1993, by and between H & H ENTERPRISES ("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 wi thin 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 DAB/bg [H&H.Agr] 1 August 30, 1993 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 93-340 1 or suits that may be brought by third persons on account of 2 personal injury, 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 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 workers' 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 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: H & H Enterprises 5256 Notnil Court San Bernardino, CA 92407 III DAB/bg [H&H.Agr] 2 August 30. 1993 ~ -.)-; ,. Res 93-i~~' 93-340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 < )/' ' .----.f '-.- , By: . /,yv I //v'~""- Tom Minor, Mayor ATTEST: H & H ;2JJ~ ~~ ~'-L Rac el Clark, City Clerk By: Approved as to form and legal content: JAMES City ~~ DAB/bg [H&H.Agr] 3 August 30, 1993